Dhaka: Retired Justice Nozrul Islam Chowdhury has withdrawn himself as a defence lawyer from the trial on condemned war criminal Mir Quasem Ali’s review petition with the Appellate Division, report UNB.

Nozrul Islam during a press briefing on Supreme Court premises on Monday said: ‘I had to withdraw myself from the hearing of the appeal (Quasem’s review appeal) due to an adverse situation.’

Speaking at the briefing, Justice Nozrul informed that he retired on 12 December 2 015  but has been participating in hearings on different cases filed with the Appellate Division since 3 January  this year.

The retired Justice noted that he had stood for the same client in two other cases, and argued against the Attorney General in three cases, though no question of legality was raised on those occasions.

But the question of legality arose when he attended the hearing on condemned war criminal Mir Quasem Ali’s plea, he said.

Earlier on 10 February, Chief Justice Surendra Kumar Sinha asked the incumbent and retired judges, who are enjoying government facilities, to abide by the code of conduct.

He made suggestions during the hearing of the appeal filed by condemned war criminal Mir Quasem Ali challenging the death penalty handed down to him for his war crimes.

According to court sources, Justice Nozrul Islam Chowdhury of the High Court Division went on retirement on December 12 last.

Now, he is on post-retirement leave (PRL) and enjoining the facilities provided by the government.

However, Nozrul placed his arguments during the hearing on February 10 on behalf of condemned war criminal Mir Quasem Ali.

As the retired justice took part in the hearing, the Chief Justice said, ‘The current and retired judges, who are enjoying facilities provided by the government, should abide by the customs and code of conduct of court.’

Attorney General Mahbubey Alam said Justice Nozrul Islam Chowdhury has been enjoying all the retirement facilities. ‘In such a situation, he shouldn’t take part in any case against the state as it goes against ethics.’

On 09 February, the Supreme Court started hearing the appeal filed by condemned war criminal Mir Quasem Ali challenging the death penalty.

Mir Quasem Ali on 30 November, 2014 filed the appeal with the SC challenging the death penalty awarded to him by the International Crimes Tribunal 2 for his crimes against humanity during the Liberation War in 1971.

On 2 November  in the same year, the tribunal had condemned Jamaat-e-Islami leader Mir Quasem Ali to death for his crimes against humanity during the Liberation War.