DHAKA: It was a war between India and Pakistan, a defence lawyer said before the war-crime tribunal, triggering an outcry from the prosecutors who said he should be banished from Bangladesh.            

Bashing the comment of Jamaat-hired lawyer, Barrister Fakhrul Islam, with regard to the International Crimes Act, Chief Prosecutor of the International Crimes Tribunal Golam Arif Tipu Wednesday said Fakhrul’s citizenship should be cancelled.  

“Barrister Fakhrul’s speech is unacceptable and against ethics and ideals. Being a Bangladeshi, the lawyers are pleading for the innocence of Pakistan. Citizenship of this kind of people should be canceled,” he said replying to a question from journalists.

Tribunal prosecutor Ziad Al-Malum also blasted Barrister Fakhrul’s comment that the state prosecutors said is “tantamount to treason”.

During his submissions before the tribunal Tuesday in favour of the top Jamaat-e-Islami leaders facing war-crime charges, Barrister Fakhrul Islam said that the International Crimes Act was not made to try Bangladeshi war criminals. He made the comment during the hearing on Delwar Hossain Sayedee’s proposed arrest warrant on charges of wartime crimes.

“The first amendment of the constitution was made in the light of the International Crimes Tribunal Act. The then Law Minister Monoranjan Dhar placed the bill on the amendment act and constitution in parliament. At that time, Monoranjan had claimed that the act was enacted to try the Pakistani war criminals,” said Barrister Fakhrul.

He further argued, “The war took place between India and Pakistan in 1971 on our soil. India declared the war on December 3 while Pakistan on December 6. If trial is held now, Pakistani war criminals freed from India should be tried.”

Barrister Fakhrul claimed the word ‘war’ was not mentioned in the proclamation of independence.

He strongly stood by his claim while talking to the journalists Wednesday on the contentions.

“All I said is true. General Niazi could have surrender before general Osmani instead of Jagjit Singh Arora if the war had taken place between Bangladesh and Pakistan,” he said.

Ziad Al-Malum crossed swords with the defence pleader, saying: “This type of comment is tantamount to treason. The aspersions concern the question of our independence and sovereignty.”

BDST: 1640 HRS, SEPT 22, 2010