International Crimes Tribunal-2 yesterday directed prison authorities to produce two persons before it on November 16, when the prosecution will submit formal charges against them centring crimes committed in Chapainawabganj during the 1971 Liberation War.

Mahidur Rahman, 84, of Dadanchak village, and Afsar Hossain alias Chutu, 65, of Satrosia village under Shibganj in Chapainawabganj are BNP supporters, says the prosecution.

The three-member tribunal led by Justice Obaidul Hassan with members Justice Md Mozibur Rahman Miah and Justice Md Shahinur Islam passed the order following a prosecution’s petition seeking to show them arrested in a war crimes case.

The court, however, said they will decide on keeping them detained after hearing arguments from both sides on November 16.

According to the prosecution, Mahidul and Afsar had links with the Razakar Bahini, an auxiliary force of the Pakistani army, in Chapainawabganj and committed crimes like murders and mass killings during the nine-month-long war.

The duo were arrested in a criminal case on September 16 and the prosecution, through a petition, prayed that the tribunal show them arrested in a war crimes case, reasoning that a war crimes investigation was ongoing against them. On September 18, the tribunal issued a production warrant, directing to produce them on September 23. That day, the tribunal rejected the prosecution’s petition and directed their return to the Chapainawabganj jail.

But, a recent petition of the lawyers representing the accused sought a "recall" of the production warrant from the tribunal, stating that their clients were still being detained despite being granted bail in the criminal case.

The jail authorities, they said, were saying that the production warrant, that is the directive to produce the accused, was in effect for each day the tribunal holds proceedings until the “recall" was directed.

On Sunday the tribunal rejected the defence petition, saying no order needed to be passed

as the production warrant's effect ended when the tribunal directed sending then back to Chapainawabganj.

On Thursday the prosecution filed another petition seeking to show them arrested in the war crimes, this time saying that the investigation had been completed and investigators have found evidence of their involvement in war crimes.

ABDUS SUBHAN

Meanwhile, the tribunal heard the prosecution's closing arguments for the fourth day in the case against Jamaat-e-Islami leader Abdus Subhan.

Taking around two-hour time, Prosecutor Sultan Mahmud Simon placed arguments on the sixth charge citing testimonies of seven prosecution witnesses. Proceedings were adjourned until today.