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ICT lawyers' panel should be recast

Says attorney general, thinks incumbent chief prosecutor should resign for 'old age'

Staff Correspondent
Amid a longstanding tussle for leadership in the prosecution team of the International Crimes Tribunal (ICT), the chief law officer of the state feels the need for reconstituting the lawyers' panel as soon as possible.
Attorney General (AG) Mahbubey Alam yesterday told The Daily Star that incumbent Chief Prosecutor Ghulam AriefTipoo should step down, "considering his old-age".
The suggestion comes at a time when the
ICTT has reached a crucial juncture in trying the '71 war criminals. And the persistent discontent among those loyal to the chief prosecutor and the acting chief prosecutor has stalled for weeks the preparation for filing a case against Jamaat-e-Islami for its anti-liberation role in 1971.
Meanwhile, former law minister Shafique Ahmed has differed with his successor regarding the trial of Jamaat under the existing I CT laws. The rift in the prosecution has been apparent since the appointment of MK Rahman as the chief coordinator last year, which Tipoo claimed to be illegal. Haider Ali, who later became the acting chief prosecutor, and several other prosecutors held meetings convened by MK Rahman over the last few months, but prosecutors loyal to Tipoo refrained from attending.
The conflict escalated after Haider Ali was made the acting chief of the prosecution in the absence ofTipoo last April.
Talking to The Daily Star, Mahbubey Alam stressed the need for proper coordination between the chief prosecutor and his team members.
"But so far as I have heard, there is a conflict and a serious lack of coordination among them, although they have been provided with a lot of facilities," he said.
He, however, said there are some committed and experienced lawyers in the prosecution.
On Tipoo, the AG said there is no doubt that Ghulam Arief Tipoo is a prominent lawyer. "But he [Tipoo] should step down from his post considering his age."
"The prosecution team should be recast with the inclusion of some competent and committed lawyers and there should be an experienced and acceptable chief prosecutor," he suggested.
Meanwhile, when journalists asked the law minister whether the prosecution would be reconstituted, Anisul Huq said, "There is always a possibility".
Speaking to reporters after a programme in the city's BIAM audito-
rium yesterday, he said he does not believe that the feud among the prosecutors is affecting trials.
"Judges are doing their jobs. The two groups [of prosecution] are handling cases well ... Flowever, I believe there should not be any internal feud. I will tty to resolve the matter soon," he said.
JAMAAT TRIAL: EX-LAW MINISTER DIFFERS WITH ANISUL
Former law minister Shafique Ahmed yesterday gave a view different to the incumbent law minister's over the trial of Jamaat-e-Islami under the existing International Grimes (Tribunals) Act, 1973.
"It is completely under the tribunal's jurisdiction whether Jamaat-e-Islami can be tried under the existing law. There is no need to create controversy [over the issue]", Shafique told The Da i ly Star yesterday.
Anisul Huq recently said the amended IGT act is not enough to try Jamaat as a political party for its alleged war crimes committed during the Liberation War.
"Once the prosecution submits evidence and documents against Jamaat, the tribunal will decide whether they could initiate the trial. If a trial is possible, then they will decide how it will be conducted. And the tribunal will decide what punishment should be given |to Jamaat) if proved guilty," S h a fi q u e o b se rved.
In an oblique reference to Anisul's comments, he said, "I don't think the executive division has any scope to make any comment. The judiciary should be allowed to work independently. This is my view as a lawyer," he added.