The International Crimes Tribunal-2 yesterday took the formal charges into cognisance against expelled Jamaat member Abul Kalam Azad for his alleged involvement in crimes against humanity committed during the Liberation War.
The three-member tribunal headed by its Chairman Justice ATM Fazle Kabir also
issued arrest warrant, for the second time, against Azad and directed the prosecution to submit the execution report on September 23.
The court said it had taken the charges into cognisance against Azad, known as Bachchu Razakar, after finding prima-facie evidence of crimes against humanity while examining the formal charges, investigation reports and other documents submitted by the prosecution.
On September 2, the prosecution submitted the formal charges against the former leader of Islami Chhatra Sangha (ICS), the then student wing of Jamaat-e-Islami, accusing him of 10 types of crimes against humanity.
In the formal charges, the prosecution said theand in two acts of genocide in Faridpur during the war in 1971.
The prosecution said Azad, as a leader of ICS, was a close associate of Jamaat leader Ali Ahsan Mohammad Mojaheed, another war crimes accused at the tribunal
Azad played a leading role in the formation of Razakar in Faridpur.
Later the Pakistan army appointed Azad as the chief of the Al-Badr force in the district. In association with the Pakistan army, he had committed numerous crimes in the district during the war, the prosecution added.
On July 26, the investigation agency completed its enquiry and said it had found "strong evidence” against Azad in connection with crimes against humanity.
It handed over the report to the prosecution on July 29.
Azad went into hiding around seven hours before ICT-2 issued an arrest warrant agains t him on April 3.
The prosecution, however, said in accordance with the law, the war crimes trial against Azad could start in his absence.
SAYEDEE'S TRIAL PROCEEDINGS
After the defence counsel's failure to produce witnesses, International Crimes Tribunal-1 yesterday passed an order saying that from henceforth it would not put off the proceedings on this ground.
The tribunal made the order as the defence counsel failed to produce witnesses for war crimes accused DelawarHossain Sayedee and prayed foran adjournment.
Accepting the adjourn-
ment prayer, the tribunal Chairman Justice Md Nizamul Huq passed the order.
The order will be applicable to both defence and prosecution.
The tribunal also directed prosecution and defence to keep several witnesses ready to avoid any furtherfailure.
It rejected another prayer of Sayedee's defence counsel for restarting the trial proceedings of Sayedee as two members of the three-member tribunal had been substituted.
In his plea for an adjournment, Sayedee's counselTajul Islam said that defence had failed to produce their witness Nurul Haque Hawladar as he was not physically fit, while another witness Abdul Haque Hawladar could not be reached.
As soon as Tajul made the submission to the tribunal, Nizamul Huq said, “Does that mean we shouldleavenow?”
“From now on, I will not allow an adjournment for eitherdefenceorprosecution. If you could not find one witness then keep another oneready",he added.
The tribunal then passed the order.
In his order, the tribunal chairman said, "The case (against Delawar Hossain Sayedee) in this tribunal is going on smoothly and continuingeveryday.”
He then suggested that both the parties take note of it. "This case will be taken up tomorrow [today]”, said NizamulHuq.
As soon as the tribunal chairman finished his order, Tajul Islam informed the tribunal that Sayedee was feelingphysically fit and eager toappearatthe tribunal.
Nizamul Huq then asked the prosecutor to collect information about Sayedee's health from the jail authority, and inform the tribunal by todaymorning.
On Thursday, defence submitted the names of the two defence witnesses who were supposed to give deposition and face cross-examination by prosecution yesterday.
The tribunal yesterday also deferred the proceedings of another war crimes accused, BNP leader Salahuddin Quader Chowdhury, to September^.
It agreed to conduct the next proceedings on September 12 after consulting with the prosecutor and Salahuddin Quader's counsel onThursday.
The tribunal, however, kept a date for the proceed-ingsyesterday.
Salahuddin Quader's counsel Fakhrul Islam, for the second time, yesterday declined to make a submission on a petition in the absence of his client
Defence made the petition so that Salahuddin Quader, who is also a BNP lawmaker, could join the session of the parliament.
Such a petition was rejected by the tribunal on May 31 and the tribunal drew attention to it
Fakhrul claimed that some new matters had been added to the petition. But he declined to make the submission in the absence of his client, though the tribunal asked him several times to submit theprayer.
Salauddin Quader Chowdhury is facing 23 specific charges of crimes against humanity committed during the Liberation War in