As the prosecutor Altaf Uddin Ahmed started the law-point argument after concluding the reading out of formal charges against Nizami, the tribunal got confused under what consideration the charges under section 3(2) (a) of the International Crimes (Tribunals) Act 1973 implicating the accused of perpetrating the crimes against humanity .
“You must clear the specific charges considering the nature of the offences with conclusive proof,” the tribunal asked the prosecutor.
The three-member tribunal, headed by Justice M Nizamul Huq, also asked the prosecutor as to how accused Nizami, chief of Al Badr in 1971 , was implicated under section 3 (g) of the ICT Act for delivering ‘inciting’ speeches among his associates at different places as the section deals with the nature of the offences like attempt, abetment or conspiracy.
The tribunal further said that primarily they found lack of details in the formal charge about the killings of intellectuals by Al Badr, a militant outfit of Jamaat-e-Islami.
Replying to the tribunal, the prosecutor said that they have enough evidence and documents to prove the case.
Earlier, before concluding the reading out of the formal charge, prosecutor
Altaf Uddin Ahmed had urged the tribunal to accept the formal charges and put the accused in the dock to face trial for ends of justice.
On January 9, the tribunal took cognisance of the 15 count charges of the 1971 war crimes made against Nizami. The charges include killing, genocide, loot, rape and arson in collaboration with Razakars, peace committees, Al Badr and Al Shams, the auxiliary forces of Pakistan junta.
The hearing was adjourned until March 21.