Justice seekers appeared to be gloomy with the retirement of International Crimes Tribunal-1 Chairman Justice ATM Fazle Kabir yesterday, as his farewell to judiciary might cause the lingering of the war crimes case against Jamaat-e-Islami chief Motiur Rahman Nizami, which has been awaiting verdict since November 13 last year.

Due to several reasons, the case against Nizami took the highest 493 days to complete. As Justice Kabir retired as Supreme Court judge and thus as chairman of the tribunal-1 yesterday, uncertainty looms whether the case will reopen from the closing argument.

On top of that, the three-member tribunal-1 has to wait for its reconstruction. But it is not yet confirmed how long it will take to reconstitute the tribunal.

Born on January 1, 1947 at village Chamagram in Chapainawabganj, Justice Kabir was appointed a member of the International Crimes Tribunal (ICT) on March 25, 2011. He was made chairman of the International Crimes Tribunal-2 on March 22 last year.

Expressing his concern, historian Prof Muntassir Mamoon said, "We hoped that the judgment would be given by this time." He requested the government to keep Justice Kabir until Nizami's verdict is delivered. He also called the case against Nizami second most important after the one against former Jamaat chief Ghulam Azam.

Without any elaboration, State Minister for Law Qamrul Islam said the tribunal would be reconstituted soon. "1 can't say anything more now," he said.

As per law, a tribunal can resume a case from where it stopped even after change of its members, and a former judge is eligible to be chairman or member of a tribunal.

However, the tribunal-1 for the sake of justice reheard the arguments of both the prosecution and defence in the war crimes case against Delawar Hossain Sayedee, a Jamaat leader who was awarded the capital punishment.

Last year, the tribunal faced the similar problem when tribunal-l's former chairman Justice Md Nizamul Huq stepped down amid the Skype controversy and Justice Kabir replaced him as tribunal-1 chairman from the tribunal-2.

Senior prosecutor Syed Haidar Ali told The Daily Star that the new judge, after appointment, could hear, if he/she wished, arguments of both the prosecution and defence in the war crimes case against Nizami. "But there is no obligation."

Prosecutor Sultan Mahmud Simon said if

Justice Kabir was reappointed as chairman of the tribunal-1, there would be no need of rehearing.

Attorney General's Office, Supreme Court Bar Association, prosecution and tribunals' staff yesterday bade farewell to Justice Kabir who served in the legal profession for 40 years.

Obtaining his law degree from Dhaka University, Justice Kabir yesterday said frustration had gripped him, as initially there was no work for judges in the first few months in the tribunal and he thought that he would not be able to do anything in the end.

However, he said, he continued his work at the tribunal though relatives and near and dear ones often cautioned him against the risks. "Today I am content," said the retired judge, adding he tried to give his best to the tribunal.

The tribunal-1 with Justice Kabir in the chair delivered judgments in three war crimes cases--against Sayedee, Ghulam Azam and BNP leader Salauddin Quader Chowdhury.