Bangladesh High Court Rejects Petition Challenging 1973 International Crimes Tribunal Act

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The Bangladesh High Court on Tuesday summarily dismissed a writ petition challenging the legality of the International Crimes (Tribunals) Act of 1973. The bench, comprised of Justice Khizir Ahmed Chowdhury and Justice Md. Ziaul Haque, issued the ruling following a hearing on the matter.

The petition, filed on June 7 by senior Supreme Court lawyer Mohammad Mohsen Rashid, sought to challenge the continued enforcement of the legislation. After hearing arguments from the petitioner and state counsel on July 26, the court set the date for the final order, which resulted in the dismissal of the plea.

During the proceedings, Mohammad Mohsen Rashid represented his own petition, while Attorney General Md. Ruhul Quddus and Deputy Attorney General Saifuzzaman Tuhin appeared for the state. Deputy Attorney General Tuhin confirmed the court’s decision to reporters following the session.

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The original writ argued that the 1973 law, enacted to prosecute Pakistani occupation forces and their collaborators for atrocities committed during the 1971 Liberation War, had lost its relevance and practical necessity. The petitioner contended that the subsequent Simla Agreement and the tripartite Delhi Agreement, which facilitated the repatriation of prisoners of war, effectively rendered the statute obsolete.

Furthermore, the petition characterized the 1973 act as a potential tool for suppressing political opponents and claimed that its underlying purpose had long since expired. The plea had requested that the court issue a rule directing the government to take necessary measures to repeal the act to prevent any alleged misuse. The two secretaries of the Ministry of Law had been named as respondents in the legal challenge.