Delwar Hossain Sayedee The Supreme Court will pronounce today its verdict on appeals against the judgment of the International Crimes Tribunal that sentenced Jamaat leader Delwar Hossain Sayedee to death on the charge of wartime crimes. It will be the second verdict on appeal against the judgment passed by the ICT war crimes case. Earlier, the SC passed its first verdict awarding capital punishment to Jamaat leader Abdul Quader Mollah. Following the verdict, he was hanged on December 12 last year. Five months ago, the Sayedee appeal was kept as “case awaiting verdict (CAV).” The pronouncement of verdict appears on the top of today’s cause-list of the SC. A five-member bench of the SC headed by Chief Justice Md Muzammel Hossain kept the matter as CAV on April 16. Starting on September 24 last year, the hearing on the appeals ended on April 15. The prosecution prayed to the SC for upholding the death sentence of Sayedee while defence counsels sought his acquittal. Attorney General Mahbubey Alam at a press briefing yesterday said “I want his death sentence. I hope the SC will uphold the death sentence awarded by the ICT. Besides, the SC may award his death sentence on some counts for which he was acquitted.” Replying to query whether the accused will be able to file review petition against the verdict, Mahbubey Alam said “I said it earlier that it is a case being tried under special law which does not allow the convict to file review petition.” He said earlier the SC rejected the review petition of Quader Mollah. I am yet to get the copy of the order. If I get the copy, I will be able to make comment on the matter. Advocate Tajul Islam, a defence counsel, said “I hope Sayedee will be acquitted.” On March 28 last year, the ICT awarded capital punishment to Jamaat Nayeb-e-Ameer Delwar Hossain Sayedee for his involvement in crimes against humanity committed during the Liberation War in 1971. Of 20 counts of charges brought against him, eight were proved “beyond reasonable doubt”. Two counts were considered basis for the death penalty. The offences which were proved beyond doubt include murder, rape, arson attack and coercion leading people of Hindu community to convert to Muslim. He was acquitted in 12 counts for lack of proof. Charges Proved The charge nos 6, 7, 8, 10, 11, 14, 16 and 19 were proved beyond reasonable doubt. Of them, charge nos 8 and 10 were considered grounds for awarding death penalty to Sayedee. As per charge no-8, Sayedee along with others looted the house of Manik Poshari at Chitholia village of Pirojpur at 3 pm on May 8, 1971. He set five houses on fire using kerosene. Later, the Pakistani army at the behest of Sayedee detained Poshari’s two brothers— Mofizuddin and Ibrahim Kutti. They killed Kutti midway while tortured Mofiz at the camp. Charge no-10 says Sayedee and his associates set 25 of Hindu community at Umedpur village afire at 10 am on June 2, 1971. He was involved in shooting one Bishabali to death. The victim was tied to a coconut tree to be shot. The tribunal said, “As death sentence is the extreme punishment, the convict needs not to be awarded punishment on six other counts proved beyond reasonable doubt.” The ICT has not tried the present-day Saydee who is the Nayeb-e-Ameer of Jamaat, a former lawmaker and an Islamic scholar known. It, rather, tried the 30-year-old youth who committed various crimes against humanity in Pirojpur during war. The tribunal highlighted the background of mass murders, looting, arson attacks and other crimes against humanity and the role of Jamaat and Razakars in those offences. The tribunal also discussed Saydee’s parentage, birthplace and education and the situation how he was involved in the war crimes in 1971. The ICT verdict said Saydee as a member of peace committee and Razakar committed crimes against humanity in whole area of Pirojpur with the help of Pakistani army. Besides, the appeals on Jamaat leaders Ghulam Azam, Ali Ahsan Muhammad Mujahid, Muhammad Quamaruzzaman, BNP leader Salauddin Quader Chowdhury are pending with the SC. As of now, the ICT convicted 10 war crimes accused mostly Jamaat leaders and few BNP stalwarts. The ICT kept the matters of Jamaat incumbent Ameer Motiur Rahman Nizami, parties leader Mir Quashem Ali, Jatiya party’s former leader Syed Mohammad Kaiser, former Nagarkanda municipality mayor and BNP leader Zahid Hossain Khokon as CAV. On the other hand, appeal filed by war crimes accused BNP leader Abdul Alim against the ICT verdict awarding imprisonment unto death could not proceed following his death in prison.
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