Dhaka, May 31 BNP MP Salauddin Quader Chowdhury's lawyer at the first crimes tribunal was exonerated although the first war crimes tribunal found him in contempt.
Giving the order chairman of the International Crimes Tribunal – 1, Justice Mohammad Nizamul Huq, said the court had considered a number of factors before reaching its decision.
"Although we find that he has committed contempt, we are inclined to accept his unqualified apology."
Set up to try crimes against humanity during the Liberation War of 1971, the tribunal has issued a verbal notice upon defence counsel Fakhrul Islam on May 15 for violating a court order.
The BNP leader has been indicted on 23 charges of war crimes.
Fakhrul Islam had called Dr Anisuzzaman, a professor emeritus at Dhaka University, 'a liar' several times in the court but stopped after the court ordered him not to insult the first prosecution witness against his client.
Justice Huq noted in his order that the defence counsel, however, used the same term regarding the noted educationist while speaking to the media on May 14.
When asked the next day, Fakhrul Islam admitted that he had used the same language in front of the press that he had used in the court.
This prompted the verbal notice ordering the counsel to show cause why he should not be held in contempt.
Fakhrul Islam offered his unqualified apology for having violated the court order unintentionally. His senior colleague on the same defence team, Ahsanul Haq told the court on Thursday on behalf of Islam, "I throw myself at the mercy of the court."
However, upon the court's desire Fakhrul Islam was made to add a few more lines to his written reply mentioning that he also regretted having insulted Dr Anisuzzaman, upon which the court began giving the order.
Justice Huq mentioned in the order that the image of his court 'rises and falls with the conduct of its counsels'. The order further said that the tribunal sought the cooperation of all parties including the press and observers, besides of course the defence and prosecution, in the 'proper dispensation of justice'.
The tribunal chairman noted in his order that Fakhrul Islam was a well-educated lawyer in the High Court and if there were any actions against him then there will be more problems for the counsel in the future.
Considering a number of different factors, the tribunal decided to exonerate the counsel accepting his apology.
There were two other petitions for the six-time MP from Chittagong where is alleged to have committed crimes against humanity. The one for bail was rejected. Regarding the other petition seeking the court's leave to attend parliament sessions, the tribunal was "not inclined to pass an order".
The tribunal suggested that the former prime ministerial adviser for parliamentary affairs could contact the appropriate authorities for attending the budget session if he wanted to.
Salauddin Quader in ICT
The prosecution submitted formal charges against Salauddin Quader on Nov 14, 2011 and the tribunal took them into cognisance three days later.
A former prime ministerial adviser on parliamentary affairs when BNP chief Khaleda Zia was in office, the Chittagong MP was shown arrested for war crimes charges on Dec 20, 2010, five days after his arrest.
The investigating agency submitted a 119-page report with around 8,000-page data to the chief prosecutor on Oct 3 in a bid to prove allegations of war crimes during the 1971 Liberation War.
The BNP leader was indicted on Apr 4 on 23 charges of war crimes.
Besides Jamaat-e-Islami executive council member Delwar Hossain Sayedee whose case is the most advanced and Salauddin Quader, Jamaat chief Matiur Rahman Nizami, Secretary General Ali Ahsan Mohammad Mujaheed and assistant secretaries general Mohammad Kamaruzzaman and Abdul Quader Molla have been detained on war crimes charges.
The tribunal also sent Jamaat-e-Islami's former chief Ghulam Azam to jail on Jan 11 and indicted him on five different charges on May 13.
The second tribunal, set up on Mar 22, 2012, has given Abdul Alim, former BNP MP Abdul Alim and member of Ziaur Rahman's cabinet, an indefinite bail while his trial proceeds.
The second war crimes tribunal has set Jun 4 for framing charges, if any, against Jamaat-e-Islami assistant secretary general Mohammad Kamaruzzaman.
The second tribunal was set up to expedite the war crimes trials for atrocities during the 1971 Liberation War.
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