DHAKA: The High Court Tuesday rejected a writ petition challenging the appointment of justices Nizamul Haque and ATM Fazle Rabbi as chairman and member respectively of the International Crimes Tribunal set up for trying the war criminals of 1971.

An HC bench comprising Justice Mamnoon Rahman and Justice Syeda Afsar Jahan issued the order Tuesday after hearing arguments from both sides Monday, the day when the tribunal also opened hearings on ‘crimes against humanity’ committed during the liberation war in collaboration with the Pakistani occupation army.

Later, petitioners’ lawyer Jamaat leader Barrister Abdur Razzaq said, “We will also file an appeal with the Appellate Davison challenging the High Court order after receiving the certified copy of the order.”

As per the constitution, he argued, the High Court is to monitor and control all courts and tribunals in the country, including the International Crimes Tribunal. “And so, being judges of the High Court, these two justices cannot constitutionally hold posts in the tribunal under the High Court.”

Citing the High Court order, state counsel Attorney-General Mahbubey Alam, however, said, “Independence of the judiciary, justices’ oath, separation of power—nothing was violated through the appointment of justices Nizamul Haque and ATM Fazle Rabbi as the chairman and member of the tribunal.”

As per the International Crimes Tribunal Act 1973, judges with rank equivalent to a High Court justice can be recruited in the tribunal, he added. “It will ensure credibility of the Tribunal too.”

Earlier on July 11, lawyer Nawab Ali and former secretary AFM Sulaiman Chowdhury filed the petition.

BDST:1535HRS, JULY 27, 2010