A writ petition has been filed in the High Court challenging the constitutional validity of the International Crimes (Tribunals) Act, 1973, which governs trials for crimes against humanity in Bangladesh, arguing that several provisions of the law contradict fundamental rights and the basic principles of justice.
Supreme Court lawyer Mohammad Mohsin Rashid filed the petition on Wednesday, naming the Secretary of the Law and Justice Division and other concerned parties as respondents.
The petitioner claims that several sections of the Act are inconsistent with the fundamental rights protected by the Constitution and are contrary to the basic principles of justice.
“The Act has served its original purpose. It is necessary to prevent its potential misuse and abuse in the future as a weapon for judicial murder of political opponents,” Mohsin Rashid said.
He has sought a rule from the court asking why the relevant provisions should not be declared unconstitutional, without legal authority, and void.
Reacting to the petition, International Crimes Tribunal (ICT) Chief Prosecutor Aminul Islam said many cases have been tried under this law since 2010.
“Multiple writ petitions challenging the Act had been filed in the past, but they were not legally accepted,” he said, adding that it is not possible to say whether any new legal grounds have been presented without seeing a copy.
The current petition echoes earlier debates over the Tribunal Act. On 15 November 2025, then-Chief Prosecutor Mohammad Tajul Islam had said the amended Act is protected by the Constitution.
He had stated that the 1973 Tribunal Act was given blanket protection in the Constitution, meaning its validity cannot be questioned in any constitutional court, and no person under trial under this Act can appeal alleging violation of fundamental rights.
The petitioner, Mohammad Mohsin Rashid, had previously participated in cases related to the International Crimes Tribunal. During the fallen Awami League government’s tenure, when contempt of court charges were brought against Awami League leader Matia Chowdhury, Mohsin Rashid argued on her behalf.
The court is expected to hear the petition in due course.
