Condemned war crimes convict Delwar Hossain Sayedee on Sunday appealed to the Appellate Division to call for the records of a case relating to the killing of Ibrahim Kutti in Pirojpur in 1971 from the Chief Judicial Magistrate’s Court in Pirojpur.
Attorney general Mahbubey Alam also filed a petition on April 10 pleading that the highest court should call for records in the case of Ibrahim Kutti mureder case from the Barisal District and Sessions Judge’s Court.
Both the petitions were filed during the hearing in the appeal filed by the Jamaat-e-Islami leader against the International Crimes Tribunal 1 verdict pronounced on February 28, 2013 sentencing him to death on charge of crimes against humanity committed during the 1971 war of independence.
The five-member bench chaired by the chief justice will resume the hearing
The tribunal had sentenced Sayedee to death on two counts of crimes against humanity, including killing Ibrahim Kutti on May 8, 1971.
Sayedee’s lawyer SM Shahjahan submitted a document said to be a copy of the charge sheet for killing Ibrahim case and argued that Sayedee was named neither in the first information report nor in the charge sheet in the case filed on July 16, 1972 by Ibrahim’s widow Momtaz Begum accusing 13 members of Razakars of killing Ibrahim.
Shahjahan said that the document was obtained from the general registration officer’s office at the Chief Judicial Magistrate’s Court in Pirojpur.
The defence appealed for the production of the case documents as Mahbubey Alam on April 9 had argued that the defence document on the case was forged and concocted as such document was not found in the Barisal court.
Shahjahan argued that the tribunal had disbelieved the defence evidence that Sayedee lived in Jessore till June 1971, thereafter he went to Pirojpur in July 1971 and he never joined the local Peace Committee or Rajakar Bahini or took part in any atrocities committed by marauding Pakistan Army.
He argued that the defence evidence was disbelieved as they had shown that Sayedee had two children at the time of liberation war and while he lived in Jessore before the war.
The tribunal had observed that Sayedee was in Pirojpur during the liberation war as the prosecution witnesses referring to the Nomination Paper submitted on November 30, 2008 by Sayedee proved that he had only one son in 1971, said Shahjahan.
He argued that the prosecution could not show any evidence but one prosecution witness – Sultan Ahmed Hawlader — that Delwar Hossain Sikder of Parerhat of Pirojpur in 1971 and Delwar Hossain
Sayedee of today was the same man.
Source: New Age