Dhaka: “Commenting on any issue beyond the particular trial subject is not tribunal’s task” said noted Supreme Court lawyer and constitution expert Dr. Shawdhin Malik.

The International Crimes Tribunal-1 on Monday commented while delivering war crimes verdict against mastermind Ghulam Azam that members of anti-liberation Bangladesh Jamaat-e-Islami should be barred from holding posts in public, private, social and political organizations and they should be removed if holding any such posts for establishing a non-communal and democratic Bangladesh.

Dr. Shawdhin Malik told Daily Prime News during an exclusive interview regarding the tribunal’s observations and comments that “It has been seen now-a-days that the court is giving its observations and comments on many different issues other than the trial process. This kind of observations and comments would make the trial process and judiciary contradictory and might create confusion and doubt in the minds of the people which would ultimately make judiciary controversial.”

Shawdhin Malik said the court should remain very much within its domain and deliver verdict exactly on the particular trial subject.  In case of Ghulam Azam he was proven guilty of five specific charges of crimes as the court framed five charges against him.  The leaders of Jamaat-e-Islami holding different government posts and positions are not directly linked with the trial process.

But the court made comments besides giving its decision referring to the Ghulam Azam’s war crimes case, but according to Shawdhin Malik, “This sort of court comments increase political doubt and might give birth to political controversy and ultimately make judiciary controversial. So, the judges and judiciary should be very much within its domain and stay confined on the trial subject to stay above controversy by refraining from making unnecessary observations and comments beyond legal subjects relating to trial.”

The tribunal said in its observation while delivering Ghulam Azam’s verdict that Jamaat-e-Islami members should not be entrusted with the responsibilities in any leading positions of any political organizations or state affairs. And the government should and can take necessary legal steps against Jamaat men holding any such posts or positions. These comments and observations have far reaching effects and put the judiciary at risk of becoming controversial.

The comments also read the anti-liberation party people who sided with the Pakistanis and opposed the country’s independence should not be holding any important positions in state of social organizations. And the government should remove them if holding any such positions.

The new generation thinks that the harmful affects of Jamaat-e-Islami led by Ghulam Azam and their associate organizations that opposed the country’s separation and independence at the time of Bangladesh’s birth in 1971 and their outlooks have not changed over the 43 years of independence. And it is a matter of great concern for the nation, the verdict reads.

The verdicts also said there is no proof of their changing attitudes regarding the Liberation War which was won thorough bloodletting of around 30 lakh lives of people and violations of honours and chastity of 2.5 lakh women.

The International Crimes Tribunal on Monday sentenced Ghulam Azam, the mastermind of genocide of 1971 and brutal killing of the country’s intellectuals, to 90 years of rigorous imprisonment or imprisonment till death for masterminding the crimes against humanity he had committed during the Liberation War.

"Though his crimes are punishable by maximum sentence, which should be death sentence, but he has been awarded 90 years in jail considering his 91-year age and health conditions.”

But as per law and legal practice, the judges should not deliver any verdict influenced by emotion, anger or affection in any case.

Anybody, specially, any accused’s health, age or sickness can no way be considered in case of trial as his crimes dominate the trial process and his mental state during the period of committing the crimes.

Ends/OA/RG/17/07/13