The International Crimes (Tribunals) Act, 1973 was being misused to harass Salauddin Quader Chowdhury, claimed his defence yesterday.

Defence counsel Ahsanul Huq Hena argued that the Act was formulated in 1973 to try the war criminals, not the collaborators. He said this while placing argument over the delayed commencement of war crimes trial at the International Crimes Tribunal-1.

He added the Collaborator Order, 1972 [repealed] was formulated FROM PAGE 16 to try the collaborators.

The defence counsel, however, did not make his point clear over war criminals and collaborators.

Hena yesterday also made his argument over delayed commencement of the trial, though the two tribunals dealing with war crimes have already made this argument clear in earlier judgements.

Section 1 (3) of the International Crimes (Tribunals) Act, 1973 reads: "It shall come into force at once.”

Pointing out the section, the defence counsel said, "The Baksal government was in power from 1972-1975 and Bangabandhu was all in all at that time. But he did not commence the trial fearing pressure from foreign governments.

"Ershad [Jatiya Party]

who is now an ally of the incumbent government did not commence it. The BNP being an ally of Jamaat-e-Islami did not commence it. Suddenly in 2010 the Act was implemented," he added.

"The trial is now being commenced to harass Salauddin Quader Chowdhury," he claimed.

The defence of the war crimes accused also made his argument on the Act.

"No timeframe is fixed in the International Crimes (Tribunals) Act, 1973. It was also not mentioned that trial would be held for the crimes against humanity or abduction committed in 1971. These are not defined," he argued.

Hena said though the trial had been conducted for international crimes, domestic laws - Code of Criminal Procedure (CrPC)

and Penal Code - had been included in the Act indirectly.

Earlier in the morning, the defence counsel appealed to the tribunal to adjourn the proceeding as he was "not feeling good"

The tribunal rejected his prayer.

"The tribunal's proceeding should not be stopped for an individual lawyer's illness. We are insisting on your placing the argument. But the accused has appointed Fakhrul Islam (another defence counsel] as well. Where is he?" said Justice ATM Fazle Kabir, chairman ofthe tribunal.

Hena could not inform the tribunal about the whereabouts of his fellow counsel. He later began his argument and continued it for about two hours and 15 minutes.

Before adjourning the proceeding until August 12

the tribunal asked the defence to complete their argument on that day.

SQ Chowdhury, who is facing 23 charges of committing crimes against humanity during the Liberation War in 1971, was produced before the court yesterday.

MIR QUASEM'S CASE

The tribunal yesterday adjourned hearing of the discharge petition for war crimes accused Mir Quasem Ali until August 18 following a petition of the defence.

Chief defence counsel Abdur Razzaq appealed to the tribunal for a four-week adjournment saying the prosecution did not provide them with necessary documents.

During his submission for the adjournment the prosecution supplied them some documents and opposed the petition.