Writ petition challenges legal basis of ICT Act

A writ petition has been filed with the High Court challenging the validity of the International Crimes (Tribunals) Act, the law under which Bangladesh’s crimes against humanity trials are being conducted.
Supreme Court lawyer Mohammad Mohsin Rashid filed the petition on Wednesday, making the law secretary and other relevant authorities respondents.

The petition comes at a time when the International Crimes Tribunal is dealing with several high-profile cases, including those linked to the July-August uprising, enforced disappearances and alleged crimes committed during previous governments.

The move has brought the legal basis of the tribunal under renewed judicial scrutiny. The International Crimes (Tribunals) Act, 1973 has long been used to prosecute crimes against humanity, genocide and war crimes.

However, previous attempts to challenge the law have largely failed. In November last year, then chief prosecutor Mohammad Tajul Islam said there was no legal scope to question the validity of the amended law or the jurisdiction of the tribunal, arguing that the Act enjoys constitutional protection.

The issue also came up in proceedings involving former National Telecommunication Monitoring Centre director general Maj Gen (retd) Ziaul Ahsan, who is facing charges before the tribunal. His lawyers challenged the tribunal’s jurisdiction, but International Crimes Tribunal-1 rejected the plea in January this year.

Legal disputes over the Act date back more than a decade. On May 13, 2012, the High Court issued a split verdict on a writ petition challenging amendments to the law, particularly provisions that expanded the tribunal’s jurisdiction to include individuals and groups of individuals.

At the time, then attorney general Mahbubey Alam argued that the amendments were necessary to prosecute crimes committed by civilian actors.

The latest petition is expected to reopen debate over the constitutional status of the Act, under which several crimes against humanity cases are currently under trial.