Tribunal rejects review plea against charge framing in Wasim and five others killing case

The International Crimes Tribunal has rejected a defence application seeking a review of the order framing formal charges in the crimes against humanity case over the killing of Wasim and five others in Chattogram during the July 2024 mass uprising. With the plea dismissed, the trial will proceed as scheduled and the prosecution will present its opening statement and produce witnesses.

A judicial panel of International Crimes Tribunal-2, led by its chairman Justice Nazrul Islam Chowdhury, passed the order on Monday (19 October). There are 22 accused in the case, including former foreign minister Dr Hasan Mahmud.

Prosecutors Faruk Ahammed, Zahirul Amin and Tarek Abdullah, among others, appeared for the prosecution, while senior lawyers Ehsanul Haque Samaji and Abdul Kaiyum, along with state-appointed counsel, represented the defence.

According to the prosecution, Tribunal-2 had framed formal charges against the 22 accused on 30 June and ordered the trial to begin, also fixing dates for recording testimony. Five arrested accused then filed the application seeking a review of that order.

The first hearing on the application was held on 21 September. Hearings continued on 8 and 13 October, after which the tribunal fixed Monday for the order, and the defence plea was rejected.

Among the accused under arrest is ABM Fazle Karim Chowdhury, former member of parliament for Chattogram-6, whose case was argued by lawyer Ehsanul Haque.

During the hearing, Ehsanul Haque told the tribunal that the date, time and place are crucial behind any offence, but that the prosecution had failed to bring any evidence or witness in support of the charges against Fazle Karim. He also argued that the scene of the case was the Chattogram metropolitan area while his client had been an MP for a different constituency, and prayed for the review application to be considered. The tribunal did not accept the plea.

Apart from Fazle Karim, the other four arrested accused are Jubo League leader Azizur Rahman, Touhidul Islam, Md Firoz and Debashish Pal Debu. All five were present before the tribunal on Monday.

The absconding accused include Hasan Mahmud, former education minister Mohibul Hasan Chowdhury Nowfel, former Chattogram City Corporation mayor AJM Nasir Uddin, Rezaul Karim, Mohiuddin Bachchu, Helal Akbar, Nurul Azim Rony, Shaibal Das Sumon, Abu Salek, Esbarul Haque, HM Mithu, Nur Mostafa Tinu, Jamir Uddin, Imran Hasan Mahmud, Zakaria Dastagir, Mohiuddin Farhad and Sumon Dey.

Earlier, on 7 April, Tribunal-2 had taken cognisance of three specific formal charges, after the prosecution submitted the formal charge on 5 April.

The first charge concerns the killings of Wasim Akram, Faisal Ahmed Shanto and Md Faruk. The second charge concerns the killings of Tanvir Siddiqui, Saymon alias Mahim and Hridoy Chandra. The third charge describes the grievous injuries inflicted on more than a hundred students and members of the public, including Zahid Hasan, Abdul Kader, Asia Khatun, Sanjida Sultana and Abdullah.

With the review plea rejected, the prosecution will now deliver its opening statement and present witnesses in the next stage of the case. The trial is being closely watched as part of the proceedings over the killings committed in Chattogram during the July uprising.