Post on 21-Feb-2023
In the International Crimes Tribunal-1, Bangladesh Old High Court Building,
Dhaka-1000. Order No.25 Order dated 13.05.2012
ICT-BD Case No.06 of 2011
Chief Prosecutor Vs
Professor Golam Azam, son of late Moulana Golam Kabir of village Birgaon, Police Station Nabinagar, District-Brahmanbaria, at present 119/2 Kazi Office Lane, Mogbazar, Police Station- Ramna, District-Dhaka.
Accused Professor Golam Azam has been produced in this
Tribunal by the prison authority. Today is fixed for passing order on
charge matter and as such the record is taken up for order. Before
passing the order we want to provide a brief background and context of
the case, its history and the arguments put forward by both the
prosecution and defence before this Tribunal.
Introduction:- International Crimes Tribunal-I (hereinafter referred to as the
“Tribunal”) was established under the International Crimes (Tribunals)
Act, 1973 (Act No. XIX of 1973) (hereinafter referred to as the “Act”)
to provide for the detention, prosecution and punishment of persons for
genocide, crimes against humanity, war crimes, and crimes under
international law committed in the territory of Bangladesh. This Act was
enacted to try the international crimes committed in Bangladesh in 1971
by Pakistan Army and auxiliary forces. This is a case bearing considerable
significance for the people of Bangladesh as well as for the victims of
international crimes committed in Bangladesh during the Liberation War,
particularly between 25th March and 16th December 1971. As such, it is
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a significant moment in the legal history of Bangladesh when we are
entrusted with the task to address the matter of framing the charge
involving international crimes under Section 3(2) of the Act.
Historical Context: In August, 1947 the partition of British India based on two-nation
theory, gave birth to two new states, a secular state named India and the
other the Islamic republic of Pakistan. The two-nation theory was
propositioned on the basis that India will be for Hindus while Pakistan
will be a state for the Muslims. This theory culminated into the creation
of Pakistan which was comprised of two geographically and culturally
separate areas to the east and the west of India. The western zone was
eventually named West Pakistan and the eastern zone was named East
Pakistan, which is now is Bangladesh.
Ever since the creation of Pakistan, the Government adopted
discriminatory policies backed by its bureaucracy and Army to rule over
the people of East Pakistan that caused great disparity in every field
including, economy, education, welfare, health, armed services, civil
bureaucracy and social developments. One of the first patently
discriminatory and undemocratic policies of the Government of Pakistan
was manifested in 1952 when the Pakistani authorities attempted to
impose Urdu as the only State language of Pakistan ignoring Bangla, the
language of the majority population of Pakistan. The people of the then
East Pakistan started movement to recognise Bangla also as a state
language that marked the beginning of historic language movement that
eventually turned to the movement for greater autonomy and self-
determination through the 6-point and 11-point movements and
eventually the independence. Numerous Bangalees sacrificed their lives
during these movements.
In the general election of 1970, the Awami League under the
leadership of Bangabandhu Sheikh Mujibur Rahman won 167 seats out
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of 300 seats of the National Assembly of Pakistan of which 169
belonged to East Pakistan, and thus the Awami League became the
majority party of Pakistan. Despite this overwhelming majority, Pakistan
Government did not hand over power to the leader of the majority party
Bangabandhu Sheikh Mujibur Rahman as democratic norms required. As
a result, a populist movement started in East Pakistan to realise the
mandate of the people given through the historic ballot. Bangabandhu
Sheikh Mujibur Rahman in a historic speech of 7th March, 1971 called
on the people of Bangladesh to struggle for freedom and independence
if the people’s verdict was not respected and power not handed over to
the leader of the majority. The Pakistan Government did not accept the
demands of the majority leader and instead on 25th March, the Pakistani
Armed Forces launched an all out attack on the Bengali police, East
Pakistan Rifles, Bengali members of the Army, students and on the
civilian population and others under the code name ‘Operation
Searchlight’. Bangabandhu Sheikh Mujibur Rahman declared the
independence of Bangladesh on 26th March just before his arrest by the
Pakistani authorities.
Pursuant to Bangabandhu’s Declaration of Independence, a
provisional government-in-exile was formed on April 17, 1971 in
Mujibnagar with Bangabandhu as the President of Bangladesh. In his
absence, Syed Nazrul Islam was the Acting President and Tajuddin
Ahmed was the Prime Minister who led the ensuing Liberation War to
expel the occupying Pakistani armed forces , and to liberate Bangladesh.
With the Declaration of Independence, the war to liberate
Bangladesh from the occupation of Pakistani armed forces began that
ended on the 16th of December, 1971 with the surrender of all Pakistani
military personnel occupying Bangladesh before the Joint Indian and
Bangladeshi forces in Dhaka. In the war of liberation, almost all the
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people of Bangladesh wholeheartedly supported and participated in the
call to free Bangladesh but a small number of Bangalees, Biharis, other
pro-Pakistanis, as well as members of a number of different political
parties joined and/or collaborated with the Pakistani military authorities
to actively oppose the independence of Bangladesh. Except those who
opposed, the civilians, political leaders, Hindus, students, intellectuals
and others who supported the the Liberation War drew particular wrath
of the Pakistani military and their local collaborators, as perceived pro-
Indian and were made targets of attacks, killing, persecution,
extermination and deportation etc.
To prosecute their policy of occupation and repression, and in
order to crush the aspiration of the freedom-loving people of an
independent Bangladesh, some political parties including the Jamaat-e-
Islami, Muslim league (both Convention and Council), Pakistan
Democratic Party (PDP) and other small parties, supported the actions
of the Pakistani Government. A number of Auxiliary forces such as the
Peace Committee, Razakars, Al-Badar, Al-Shams, etc. were set up to
assist the Pakistani military in eliminating all those who supported or
sympathized with the liberation of Bangladesh, individuals belonging to
minority religious groups especially the Hindus, political groups
belonging to Awami League and other pro-Independence political
parties, Bengali intellectuals and civilian population of Bangladesh. Not
only did these auxiliary forces collaborate in the crimes committed by the
occupying Pakistani army, they themselves were also directly and actively
involved in executing most of the alleged international crimes under the
Act. The truth about the nature and extent of the atrocities and crimes
perpetrated during the period by the Pakistani military and their allies
came to attention of the wider world through numerous independent
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reports in the foreign media, reports by various international agencies,
and dispatches sent home by the diplomatic officials stationed in Dhaka.
The road to freedom for the people of Bangladesh was arduous
and tortuous, smeared with blood, toil and sacrifices. In the
contemporary world history, perhaps no nation paid as dearly as the
Bengalees did for their freedom and independence. In this process, an
estimated 3 million (thirty lacs) people were killed, more than 2,00,000
(two lacs) women raped, about 10 million (one crore) people deported to
India as refugees and million others were internally displaced. It also saw
unprecedented destruction of properties all over Bangladesh.
In order to bring to justice the perpetrators of the crimes
committed in 1971, the International Crimes (Tribunals) Act, 1973 was
promulgated. Due to political reasons, the Pakistani Prisoners Of War
were allowed to return to Pakistan upon the understanding that the
Pakistan Government would try them which is yet to be done. During
the liberation war, the Government of Bangladesh declared that
perpetrators and collaborators of the crimes would be tried and
punished after the liberation war and warned people not to take law in
their own hands, and in compliance of the said declaration and in order
to bring to justice the perpetrators of the crimes committed in 1971, the
International Crimes (Tribunals) Act 1973 was promulgated although no
Tribunal was set up pursuant to the Act until 25.03.2010.
In Bangladesh, for decades, the demand from all sections of the
population, had always been an overwhelming one to ensure
accountability, establish rule of law and end impunity. Responding to this
overwhelming demand for justice, the Awami League incorporated in its
Election Manifesto the pledge to initiate the long overdue justice
process, which made all the difference in the General Election that
followed, resulting in a landslide victory of the party. Then, the
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government established this International Crimes Tribunal on 25.03.2010
under the Act in order to prosecute the international crimes that were
committed in 1971, through a process of investigation of individuals
alleged to have committed these crimes regardless of their affiliations,
political or otherwise.
The Accused: The Accused Professor Golam Azam was born in village Birgaon,
Police Station Nabinagar, District-Brahmanbaria on 07.11.1922. In his
early life he studied in madrassa and later obtained Masters degree in
Political Science from the University of Dhaka in 1950. He taught at
Rangpur Carmichael College in 1950-1955. He joined Jamaat-e-Islami in
1954 and was Secretary of that party from 1957-1960 and was Ameer
(Head) of the said party from 1969-1971.
At the time of the liberation war in 1971, under his leadership, all
the leaders and workers of Jamaat-e-Islami and its student wing Islami
Chatra Sangha opposed the liberation movement. At that time Jamaat-e-
Islami became an auxiliary force under the Pakistan Army and since he
was the Amir of Jamaat-e-Islami, he not only controlled the
organizational framework of Islami Chatra Sangha but played the pivotal
role in forming the Shanti Committee, Razakars, Al-Badar, Al-Shams etc.
He was also elected uncontested as a Member of the National Assembly
from Tangail District through a sham election held in 1971. He went to
Pakistan on 22nd November 1971. After the liberation of Bangladesh on
16th December 1971, in the first part of 1972 he formed a committee
named ‘Purbo Pakistan Punoruddhar Committee’ (East Pakistan
Restoration Committee) as part of his campaign to restore East Pakistan.
As a leader of this committee upto March 1973 he tried to create
sentiments against Bangladesh in the Islamic countries of the Middle
East and campaigned internationally against recognizing Bangladesh as
an independent and sovereign State. He left Pakistan for London in the
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middle of 1973 and set up the head office of the ‘Purbo Pakistan
Punoruddhar Committee’ there. He also published a weekly newspaper
named ‘Shonar Bangla’ in London which propagated against Bangladesh.
His citizenship was cancelled by the Bangladesh Government on 18th
April, 1973. He visited Saudi Arabia in March 1975 and met King Foisal
where he also canvassed against Bangladesh. He told the king that
Hindus had captured East Pakistan, Qurans had been burned, Mosques
had been destroyed and converted into Mondirs and many Muslims had
been killed. On the basis of this propaganda he collected funds from the
Middle East in the name of re-establishing mosques and Madrashas.
Following the assassination of the Father of the Nation Bangabandhu
Sheikh Mujibur Rahman, on 11th August, 1978 he came to Bangladesh
with a Pakistani passport and since then he resided in this country. He
got back his citizenship and reassumed the office of Amir of Jamaat-e-
Islami that he continued till Mr. Motiur Rahman Nizami was elected
Amir of Jamaat-e-Islami.
Procedural History:- The Investigation Agency established under the Act began
investigating the accused for crimes committed in 1971 on the basis of
the complaint registered as serial no. 5 dated 01.08.2010. After the
completion of the investigation, the concerned Investigation Officer
submitted the Investigation Report to the Chief Prosecutor and on the
basis of that Investigation Report, evidence of witnesses and documents
received and collected during investigation, the Prosecutors prepared the
Formal Charge and submitted the same on 12.12.2011 to this Tribunal.
Upon receipt of the Formal Charge the Tribunal fixed 26.12.2011 for
consideration of the cognizance matter. Observing that the Formal
Charge submitted was not in form and orderly, this Tribunal returned
the Formal Charge to the Prosecution for re-submission in a systematic
form after doing the needful and the Formal Charge was re-submitted
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before this Tribunal on 05.01.2012. Upon perusal of the Formal Charge,
the Tribunal took cognizance on 09.01.2012 against the accused
Professor Golam Azam under section 3(2), 4(1) and 4(2) of the Act and
directed the accused to appear before the Tribunal on 11.01.2012. In
compliance of the direction, the accused appeared before the Tribunal
on 11.01.2012, when he was sent to custody after his prayer for bail was
rejected. After the accused was sent to jail, he was taken to Bangabandhu
Sheikh Mujib Medical University Hospital to ensure constant medical
supervision given considering his advanced age, where he is still being
detained. Upon a prayer for supplying home cooked food to the accused,
this Tribunal ordered in favour of supplying food from his house subject
to some conditions and the Defence had not complied with the
conditions and as such food is currently not being served from the house
of the accused.
Submissions by the Prosecution and the Defence:- The Chief Prosecutor Mr. Golam Arif Tipu with Prosecutor Mr.
Zead-Al-Malum made elaborate submissions on the charge matter in
favour of framing of charge against the accused. The defence counsel
Mr. Md. Abdur Razzak with Mr. Tajul Islam filed an application for
discharge and made elaborate submissions in support of that and against
the framing of charge. In the following paragraphs we summarise the
submissions with the views of the Tribunal on the point whether charges
will be framed against the accused and if framed, then on which counts.
The learned prosecutor Mr. Zead-Al-Malum at the outset of his
submissions drew our attention to atrocities and crimes committed by
the Pakistan Army, its auxiliary forces and supporters including the
members of different political parties, who actively collaborated with the
Pakistan Army during the liberation war of 1971 in Bangladesh. It was
submitted that the accused was the Amir of Jamaate Islami and that he
was personally involved in conspiracy and planning as well as in
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incitement and complicit to commit international crimes, and in crimes
against humanity proscribed under section 3(2) of the Act. As Amir, he
had superior status over the leaders, members and followers and also
gave orders, permissions or acquiesced in commission of crimes. He was
involved in planning to perpetrate crimes and execution thereof with the
leaders of Pakistani Army and authority. Moreover, he failed to discharge
his superior status obligations to maintain discipline or exercise control
or supervise the actions of subordinates while they committed such
crimes and failed also to take necessary measures to prevent the
commission of such crimes. Instead, he incited those acting under his
authority, followers and others, to commit further crimes. He never
restrained his followers and took any effective step to halt the crimes
unleashed.
It was also submitted that the documents collected during
investigation and statement of witnesses establish beyond reasonable
doubt that the allegations narrated in the Formal Charge were indeed
committed by the accused, and in proving the same, they have ocular,
documentary and other evidences to establish the offences mentioned
therein committed during independent war of 1971. The offences of
which the accused is liable to be charged and his superior status liability
are adequately defined in the Act in sections 3(2), 4(1) and 4(2) and that
the accused should be charged accordingly.
On the contrary, the learned counsel for the accused Mr. Abdur
Razzak, by filing an application on 22.03.2012 to discharge the accused
emphatically argued that the purpose to enact the Act and establish the
Tribunal was to prosecute only 195 prisoners of war who were all
members of Pakistan Army, while for the trial of others, the
Collaborators Order 1972 was promulgated pursuant to which many
alleged collaborators were arrested, some of them tried and convicted.
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He submitted, that the said 195 prisoners of war, subject of the Act and
the Tribunal, were given clemency by the government of Bangladesh,
released and sent to Pakistan. When the principal and original offenders
had been let go, he argued, that others who supported, collaborated,
abetted cannot thus be tried for the commission of the same offence. It
was further argued that the prosecution of Professor Golam Azam has
been for mala fide purpose in that only when Jamate Islami did not extend
political support to the present government, did the government moved
against the Jamate Islami leaders including the accused. As such he
contended its being a clear case of mala fide and for collateral purposes
and therefore the proceedings against Professor Golam Azam is not
sustainable in law. It was further contended that they have observed
executive interferences affecting the trial because of which the process
cannot continue. Moreover, trial also cannot proceed because the
prosecution has not furnished reasoning as to why it has taken 40 years
to start the proceedings, and in absence of such statement explaining the
reasons for delay, fair trial demand that proceedings should not be
allowed to continue. Mr. Abdur Razzak further submitted that in the
Formal Charge, 61 counts of charges have been mentioned but on
perusal of all the charges, it is clear that no prima facie case has been
made therein and no relevant evidence has been provided with respect to
any accusation, and maintained that not a single count speaks of an
offence as such the accused should be discharged. He then placed before
us that they do not deny that international crimes were committed during
the war of liberation in 1971 but they assert that accused Professor
Golam Azam did not commit any of such crimes.
Finally, Mr. Razzak assailed holding of the trial under the Act on
the ground of established principle of criminal law; the principle of non-
retrospectivity, in that he submitted the offence was allegedly committed
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in 1971 whereas the Act was enacted in 1973, after alleged commission
of crimes, and as such, the whole trial process is barred by law. The trial
should have been held under laws which were prevailing in 1971 since
the alleged crimes were committed in that year.
In response, the learned prosecutor submitted that at this stage of
the process, as to whether charges will be framed or not, the submissions
of the learned counsel of the accused are not relevant. He maintained
that the Tribunal has to consider the Formal Charge, the statement of
witnesses and other materials to decide as to whether there are materials
to frame charge. Upon perusal of the Formal Charge, statements of the
witnesses recorded by the investigation agency and the documents
submitted therewith, if the Tribunal is of the opinion that there are
sufficient materials that the accused has committed an offence under the
Act, only then the charge will be framed, otherwise the accused shall be
discharged. He further submitted that the offences being adequately
defined and the allegations made in the Formal Charge being not vague,
rather definite and clear, a prima facie case against the accused person
has thus been established. He further submitted that on perusal of the
Act, it cannot be said that it was enacted to try and prosecute only 195
prisoners of war. Even if this argument is accepted that the Act was
promulgated for trial of 195 prisoners, still then there are no bar to try
any other persons under the Act since section 3 (1) categorically states
that “A Tribunal shall have power to try and punish any individual or
group of individuals, or any member of any armed, defence or auxiliary
forces irrespective of his nationality, who commits or has committed in
the territory of Bangladesh, whether before and after the
commencement of this Act, any of the crimes mentioned in sub-section
2”. He said, the amendment made in the Act in 2009 extending its
jurisdiction to individual or group of individuals have been added which
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has further made it clear that not only the 195 prisoners of war but
anyone who has committed the said offences as mentioned in section
3(2) of the Act would comes under the purview of the section 3(1) of the
Act and can be tried by this Tribunal. He maintained the trial has to be
concluded on the basis of the Act as it stands today.
He further submitted that Collaborators Order was for trial of
persons who allegedly collaborated with the Pakistan Army during 1971
liberation war. All offences mentioned in the schedule therein are
offences of Penal Code but this Tribunal has to try those persons who
have allegedly committed offence of section 3(2) of the Act, which are
not offences of the Penal Code and as such there is no bar holding trial
of this accused under the Act. He argued when the Tribunal has duly
taken cognizance based on prima facie evidence found against the
accused, the Tribunal should proceed to charge the accused. He further
submitted that the question of clemency of 195 prisoners of war has no
bearing to this process and cannot act in any way to bar the trial of this
accused and as such this argument also does not stand. Then he
submitted that whether the accused is the principal or main offender or
that he only abetted has to be settled in trial and therefore the
submission that when main accused have been released, the trial of the
abettors cannot be held also does not stand. Moreover, abetment itself is
an independent offence in this Act. He further submitted that the
prosecution of Professor Golam Azam is not at all malafide and/ or for
political purpose as the prosecution has proceeded only after completion
of investigation by the Investigation Agency that found materials of his
involvement in the atrocities committed during 1971 and submitted
report to the prosecution. The prosecution then submitted the Formal
Charge on the basis of the investigation report and other materials. He
submitted, the question of malafide is a mixed question of fact and law
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and before examining witness, the accused cannot be discharged on the
ground of mala fide at this stage. He pointed out that the question of
non-retroactivity having been discussed and decided by this Tribunal in
two earlier cases of Delwar Hossain Sayeedi and Salahuddin Qader
Chowdhury resulting in rejection of the pleas of the accused persons, the
same pleas cannot be considered as the issue has been conclusively
decided. Finally, he submitted that the 61 counts submitted by the
prosecution in the formal charge are all well founded allegations and
whether there are evidence or not in support of those counts is a matter
of evidence and cannot thus be decided at this moment, and therefore
the discharge petition filed by the accused is liable to be rejected and
charge may be framed against the accused. He urged the Tribunal to
frame charge against the accused upon perusal of the Formal Charge, the
statement of witness and other materials submitted.
We have heard the learned counsel for the accused and also the
learned prosecutor and perused the materials on record. As regards the
submission that Act was enacted to try 195 Pakistani prisoners of war
and Collaborators Order was promulgated for trial of other persons, and
that as such the trial under the Act for a non-military person is not legal;
we are of the view that the Act is very clear in this regard. It was enacted
to provide for detention, prosecution and punishment of persons for
genocide, crimes against humanity war crime and other crimes under
international law and that any individual or group of individuals, or any
member of any armed defence or auxiliary forces, irrespective of his
nationality, who commits or has committed in the territory of
Bangladesh whether before or after the commencement of this Act, any
of the crimes mentioned in the Act, could be tried. It is a fact that
initially 195 prisoners of war were screened out for trial but the Act does
not indicate that other persons who committed the said offences cannot
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be tried. After the amendment made in 2009, where individual or group
of individuals were brought under the Act’s jurisdiction, making it
further clear that any person who is alleged to have committed offences
could be tried under this Act and as such, on this basis, the trial can be
held under the Act. The Collaborators Order, on the other hand, was
promulgated to try the collaborators for committing different offences
of Penal Code. And as such it cannot be said that the accused being a
Bengali cannot be tried under this Act as the allegations are clear and
comes under the purview of section 3(2) of the Act and not under the
Penal Code under Collaborator’s Order.
With regard to the clemency extended to the 195 prisoners of war,
it is stated that the said clemency, if at all, apply only to the said prisoners
of war, and not to others. Moreover, this clemency given to the prisoners
of war does not in any way debar the trial of the present accused in any
manner. And in regard the submission that when principal perpetrators
have been released, the associates cannot be tried does not also stand
because it is evidence and evidence alone that will determine who was
the principal offender and who was an associate. Moreover, abetment
has been made a specific and independent offence in the Act and on this
ground alone, the preferred argument on this point also does not stand.
Mr. Razzak further argued that the proceeding against the accused
Professor Golam Azam is malafide and for political purpose. In this
case, there is no allegation that the accused is being tried as Amir of
Jamaate-Islami. Rather we are trying to determine whether the accused
Professor Golam Azam has committed any offence under section 3(2) of
the Act. On the question of this case being malafide, which is a
combination of both fact and law, this cannot be determined without
taking evidence. If on evidence it is found that this proceeding is a
malafide proceeding then the accused will be released but it cannot be
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said at this stage that the proceeding is a malafide one and the accused is
to be released. Mr. Razzak also submitted that the proceeding has being
interfered by the executive and since it is being held after 40 years, he
cannot be tried. In criminal proceedings, time is not a bar. We are to find
only if the accused has committed any offence under this Act 40 years
ago and that is dependent on evidence. Regarding the executive
interference, we note here that we are receiving news reports from
different corners in favour as well as against the proceedings but such
reports do not and cannot in any way influence this Tribunal and as the
Tribunal is an independent entity and is proceeding with this case
independently and without any influence from any quarter, this point
cannot come in aid of the defence. Mr. Razzak then submitted that in 61
counts mentioned in the formal charge, no prima facie case is made out.
We have gone through the different counts and cannot find that the
submission of Mr. Abdur Razzak possesses any substance. The allegation
against the accused is that he has conspired with the occupation forces,
planned, incited and was also complicit and responsible for the
commission of crimes in 1971 by making speeches, giving directions,
making press comments and by meeting with heads of different civilian
and army administration and thus the submission that no prima facie
case is available does not carry any weight.
With regard to retrospectivity of the offence, in the earlier orders
passed in the case of Mr. Delowar Hossain Sayeedi and Mr. Salahuddin
Qader Chowdhury, we discussed elaborately on this particular issue and
concluded that the trial can be held for offences committed in 1971
under this Act. And now we do not intend to repeat those discussions in
this order. As such Professor Golam Azam can also be tried under this
Act of 1973 for commission of offence in 1971. The word individual or
group of individuals were included in 2009. We determined in the case of
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Salahuddin Qader Chowdhury that if a person can be tried for the
offence committed in 1971 by the Act of 1973 then he can also be tried
for the offence committed in 1971 by the Act of 1973, amended in 2009.
As such the question of retrospectivity does not arise here for the
purpose of debarring the trial of Professor Golam Azam under the Act.
Mr. Razzak has further placed some reported decisions of our national
courts as well as from the foreign jurisdiction in support of his
submissions. Those decisions or similar decisions have been considered
by this Tribunal earlier and we arrived at those findings in the case of
Delowar Hossain Sayeedi and Salahuddin Qader Chowdhury. Moreover,
we have observed that if after taking of evidence we find that it requires
reconsideration of all these findings, then, we will consider them. We
have already found in the two earlier cases that the definitions of the
crimes in this Act are quite clear and complete without any ambiguity.
The crimes under the Act are adequate in all respect and therefore it is
not necessary to visit with recent notions developed by the statutes of
various international Tribunals. As regards nexus between armed conflict
and crimes against humanity, we are of the view that the notion of armed
conflict with crimes against humanity is not required under the Act.
In view of the above discussion, we are of the opinion that the
discharge petition filed by the accused Professor Golam Azam bears no
merit in the eye of law and thus is liable to rejected.
We have perused the Formal Charge, other documents and
statements of witnesses upon which the prosecution intends to rely upon
and considered the submissions made by both the sides on those
materials, and thus, we are of the opinion that there are sufficient
grounds to presume that the accused Professor Golam Azam has
committed offences under section 3(2), 4(1) and 4(2) of the Act and as
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we find that there is a prima facie case against the accused, charges will
be framed against him in the following manner:
Charges:
We Justice Md. Nizamul Huq, Chairman, Justice Anawarul Haque
and A.K.M Zaheer Ahmed, Member of the International Crimes
Tribunal-1, hereby charge you Professor Golam Azam, son of late
Moulana Golam Kabir of village Birgaon, Police Station Nabinagar,
District- Brahmanbaria, at present 119/2 Kazi Office Lane, Mogbazar,
Police Station- Ramna, District-Dhaka as follows:
Charge Number 1: That on 04.04.1971, you as part of a team of 12 persons
composed of Nurul Amin, Maulavi Farid Ahmed, Khawaja Khayer
Uddin, AKM Shafiqul Islam, Maolana Nuruzzaman, Hamidul Huq
Chowdhury, Mohsinuddin Ahmed, Advocate AT Sadi and others met
with Lt. General Tikka Khan, the Chief Martial Law Administrator of
the “Kha” Zone of occupied Bangladesh at the Governor House of
Dhaka. During this meeting, you discussed, planned and decided the
means to enforce the evil designs of the occupying Pakistan Army. It was
as per the decisions taken during this meeting that various crimes were
subsequently committed on a large scale, and number of auxiliary forces
and the mode of action of such forces were decided. In this light, the
creation of an organization named the ‘Nagorik Committee’ was
discussed which was subsequently named the ‘Nagorik Shanti
Committee’ which later on became widely known as the ‘Shanti
Committee’. You thus conspired with others to commit above-
mentioned crimes in Bangladesh.
And, On 06.04.1971, two days after the meeting held on 04.04.1971, you
and several other political leaders again met Lt. General Tikka Khan at
the Governor House as part of the conspiracy mentioned earlier. In this
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meeting also, various ways to assist the occupying Pakistan Army were
discussed along with the topic of forming auxiliary forces. You expressed
the intent to bring the then existing situation under control with the
assistance of the auxiliary forces. Apart from you, Hamidul Huq
Chowdhury, Mohsinuddin Ahmed, Advocate AT Sadi also separately
met with Lt. General Tikka Khan in this respect. You thus conspired
with others to commit above-mentioned crimes in Bangladesh.
And, In continuation of the conspiracy, on 14.04.1971, you took part in
a meeting as a member of the ‘Peace and Welfare Steering Committee’.
All participants of the meeting pledged to protect Islam and preserve the
unity and sovereignty of Pakistan. During this conspiratorial meeting,
with the goal of gaining the confidence of people and establishing so-
called ‘peace’ and fighting against the so-called ‘Indian plans and
aggression’, various policies and plans were agreed upon to organize the
people. You thus conspired with others to commit above-mentioned
crimes in Bangladesh.
And, On 19.06.1971, you for the third time took part in a high-level
meeting in continuation of the above stated conspiracy. On this day, you
met with President of Pakistan General Aga Mohammed Yahiya Khan at
Rawalpindi and informed him of the latest situation in East Pakistan. In
the meeting, the activities of the previous three months were evaluated
and decisions taken to facilitate upcoming activities, especially, in various
ways to contain the resistance of the common people of East Pakistan
through the usage of armed force. Furthermore, the plans to effectively
control the civilian population by unifying those who believe in the ideal
of Pakistan were also discussed and decisions were taken in this regard.
You thus conspired with others to commit above-mentioned crimes in
Bangladesh.
19
And, You met with All Pakistan Jamaate-Islami Chief Syed Abul Ala
Moududi on 20.06.1971, as part of the on going conspiracy. During this
meeting, you and Syed Abul Ala Moududi reviewed the activities and
party policies of Jamaate-Islami and discussed the party’s plans and
activities and the implementing of those plans.
And, On 01.12.1971, you took part in a 70-minute long conspiratorial
meeting with President Yahiya Khan at Rawalpindi, where you discussed
in confidence the overall situation. You demanded increasing the
membership of the Razakar forces and urged the Pakistan Government
to supply arms to those people who believed in the ideal and unity of
Pakistan in order to confront the common people of East Pakistan,
whom you referred to as ‘dushkritikari’. You, seeing the reduction of the
sphere of influence of the auxiliary forces over the territory of occupied
Bangladesh and also sensing inevitable defeat, decided to murder the
intelligentsia of Bangladesh on a large and indiscriminate scale, as part of
a ‘final solution’, which from the date of the concerned meeting till the
liberation of Bangladesh from occupying forces on December 16, 1971,
was carried out by members of Jamaate-Islami, Peace Committee,
Razakars, Al-Badr and Al-Shams. You thus conspired with others to
commit above-mentioned crimes in Bangladesh.
Through your above acts and commissions, you conspired to
commit crimes specified in Section 3(2) of the Act, and as a result of
which crimes mentioned in section 3 (2) of the Act were committed in
all-over Bangladesh, and therefore you are charged under section 3 (2)
(g) read with section 4 (1) and section 4 (2) of the Act for commission
of the crime of conspiracy to commit crimes specified in section 3 (2) of
the Act, which is punishable under section 20 (2) of the Act.
20
Charge Number 2:
That on 04.04.1971 you and others planned to form an
organization named ‘Nagorik Committee’ in order to support the
occupying Pakistani forces and on the same day placed this plan before
Lt. General Tikka Khan. The said organization committed above-
mentioned crimes in all-over Bangladesh and you are liable to plan for
the commission of the said crimes.
And, On 09.04.1971, with the goal to commit the above mentioned
crimes, you and others in a united and planned manner formed the
‘Shanti Committee’ and nominated Khawaja Khayer Uddin as the
Convenor of the committee. As part of the plan, you decided to form
Shanti Committees in various parts of cities, Unions and Mohallas and it
was decided that those Shanti Committees would operate as per the
directions of the Central Shanti Committee. The said organization
committed above-mentioned crimes in all-over Bangladesh and you are
liable to plan for the commission of the said crimes.
And, You participated and took decisions in a planning meeting on
04.05.1971 for the purpose of forming units of the ‘Shanti Committee’ at
various Unions of the Dhaka city. This meeting which was held at the
residence of A.Q.M Shafiqul Islam at Elephant Road, was also attended
by Khawaja Khayer Uddin, A.Q.M. Shafiqul Islam, Abdul Jabbar
Khaddar etc. The said organization committed above-mentioned crimes
in all-over Bangladesh and you are liable to plan for the commission of
the said crimes
Through your above acts and commissions, you planned to
commit crimes specified in Section 3(2) of the Act, and as a result of
which crimes mentioned in section 3 (2) of the Act were committed in
all-over Bangladesh, and therefore you are charged under section 3 (2) (f)
21
read with section 4 (1) and section 4 (2) of the Act to plan to commit
crimes specified in section 3 (2) of the Act, which is punishable under
section 20 (2) of the Act.
Charge Number 3:
On 07.04.1971, you as Ameer of the Jamaate-Islami with other
leaders of the same party issued a joint statement urging the ‘deshpremik’
people meaning thereby organizations such as Jamaat-e-Islami, Shanti
Committee, Razakars, Al-Badr, Al-Shams, Al-Mujahid etc. which were all
organizationally or in one way or the other subordinate to you or was
under your direct or indirect control, to destroy the ‘Bharotiyo
onuprobeshkari’ meaning thereby Hindus, supporters of the Awami
League and in essence all Bengalis who had sided with an independent
Bangladesh who wanted to liberate their nation from the occupying
Pakistani forces, on sight. Therefore, your call to destroy on sight an
identifiable group of persons encompassed under the phrase ‘Bharotiyo
onuprobeshkari’ indicates the incitement to the above-mentioned crimes.
And, You as Ameer of the Jamaat-e-Islami on 10.04.1971 gave an
inciting speech before the nation at the Dhaka centre of Radio Pakistan.
In your speech you threatened against the over-enthusiastic leaders of
India to play with the fate of seven crore people of East Pakistan and
stated that India was always involved in conspiracies to destroy Pakistan.
You also stated that by sending in ‘shoshosro onuprobeshkari’, India had
in fact challenged the patriotism of ‘East Pakistanis’. During your speech
you also expressed belief that the ‘onuprobeshkari’ would not get any
assistance whatsoever from ‘Purbo Pakistaner Musolman’. The phrases
‘shoshosro onuprobeshkari/onuprobeshkari’ used by you during your
speech in reality referred to Hindus, supporters of the Awami League
and in essence all Bengalis who had sided with an independent
22
Bangladesh. Furthermore, the phrase ‘Purbo Pakistani Musolman’
actually meant members of organizations such Jamaat-e-Islami, Shanti
Committee, Razakars, Al-Badr, Al-Shams, Al-Mujahid etc. who were all
organizationally or in one way or the other subordinate to you or was
under your direct or indirect control or influence. Therefore, your
inciting threat against the attempt by India to destroy Pakistan by the
sending of ‘shoshosro onuprobeshkari’ amounted to calling for the
destruction of Hindu people, supporters of the Awami League and in
essence all unarmed Bengalis who had sided with an independent
Bangladesh, which indicates the incitement to the above-mentioned
crimes.
And, On 22.04.1971, you as Ameer of the Jamaate-Islami and part of the
Central Shanti Committee called upon all ‘patriotic citizens’ to ‘resist’ the
‘destructive activities’ of ‘rashtrobirodhi’ personalities and assist the
members of the Pakistan Army in all possible ways. You also advised the
Committee that all ‘deshpremik nagorik’ greet members of the Pakistan
Army with the national flag and offer assistance in those areas where
such members visited. Your call to destroy ‘rashtrobirodhi’ persons
which was directed towards the common citizens of the country who
were against the attack and torture of the occupying Pakistani Army and
who were perceived by the Pakistan Army and all organizations under
your control as enemies of the State, amounted to inciting attack against
such persons and commit crimes against them. This call made by you
amounts to incitement to the above-mentioned crimes.
And, During a party meeting of the Jamaate-Islami held at the Dhaka
city office on 02.05.1971, you urged activists of the Jamaate-Islami to
take ‘shombhabbo shokol prokar uddeg’ to re-establish ‘purno shabhabik
o shantipurno karjokrom’. Your call to your party activists to bring back
23
‘purno shabhabik’ amounts to incitement as activists of the Jamaate-
Islami had already been attacking the common citizens by working on
behalf of their party in connivance with the Pakistan Army to bring back
the so-called state of complete normalcy. This demonstrates incitement
on your part to commit above-mentioned crimes.
And, On 17.051971, in your presence, during a meeting held at Dhaka,
steps taken by the Pakistan Army to save the nation from the grave crisis
created by the ‘rashtrobirodhi karjokolap’ of the banned Awami League
was lauded. The meeting urged the Pakistan Government to take severe
measures against ‘Pakistaner bisshashghatok’ and indestructible unity
between the Islamic forces of East Pakistan was agreed upon with the
goal to offer assistance to the holy duties of the Pakistan Army. During
this meeting, emphasis was also placed on finding ‘dushkritikari’ and the
need of all patriotic citizens to relentlessly work without any hope of
personal gain to re-establish complete normalcy in the province. In light
of the extension in the nature of the committees activities, a proposal
was placed to change the name of the ‘Shanti Committee’ to ‘Shanti and
Shanghati Committee’. The call to find the so-called ‘dushkritikari’ and
to take strong steps against the so-called ‘Pakistaner bisshashghatok’ in
reality amounted to inciting to destroy those persons who had sided with
the independence of Bangladesh, the Hindus and others. This
demonstrates incitement on your part to commit above-mentioned
crimes.
And, On or around third week of May 1971, you as part of your
program to visit various parts of Bangladesh, met leaders and followers
at Jessore, Khulna and in some parts of Dhaka, which included Mirpur,
Lalbagh, Chawk, Lalmatia and Thataribazaar, where you held series of
meetings and gave speeches. During those meetings, you and other
24
leaders of the Jamaate-Islami urged all quarters of Pakistan to protect the
nation against evil designs of the banned Awami League and its Indian
associates. These speeches made by you not only clearly amount to
urging the Jamaate-Islami, its subordinate organizations and other
auxiliary forces to assist the Pakistan Army even more actively, but also
amounts to inciting the commission of various crimes against the Hindu
people, supporters of the Awami League, supporters of an independent
Bangladesh and the unarmed population of other progressive forces of
Bangladesh. This demonstrates incitement on your part to commit
above-mentioned crimes.
And, In June 1971 in an interview with Pakistan Daily Jasarat you urged
that people not be confused by the propagations of the political forces
supporting the independence of Bangladesh. You also described the
Awami League, the political force unanimously elected by the all out
support of the common masses of the country, as a quarter focusing on
its self-interest and a fascist power against democracy. You identified
them as enemies. This statement made by you is clear incitement aimed
at the auxiliary forces and the activists of your own political party to take
crushing steps and conduct criminal activities against such so-called
‘enemies’. This demonstrates incitement on your part to commit above-
mentioned crimes.
And, On 22.06.1971 at a press conference, you urged all concerned to
effectively oppose those who are, according to you, ‘dushkritikari’ and
‘rashtrobirodhi’ with the goal to re-establish the so-called faith in the
minds of the common people. During your speech you eulogized the
Pakistan Army for engaging in preventing the destruction of Pakistan.
You also stated that everyone should offer effective assistance and
support the ruling Pakistani authorities in the effort of returning to a
25
state of normalcy. Through this speech you urged the members of all the
auxiliary forces supporting the Pakistan Army to offer assistance even
more effectively and incited them to collaborate with the Pakistan Army
in the commission of criminal activities, that amounts to incitement of
the commission of the above-mentioned crimes.
And, On 18.07.1971, you as Ameer of the East Pakistan Jamaate-Islami,
gave a speech at a Shanti Committee meeting held at the Republic Square
of Brahmanbariya urging all to uphold the unity of Pakistan. The call
made by you to uphold the unity of Pakistan in reality amounts to an
inciting call to attack those who do not believe in the unity of Pakistan.
This demonstrates incitement on your part to commit above-mentioned
crimes.
And, On 16.07.1971, you, during a meeting organized by the Rajshahi
Shanti Committee at the local Municipal Hall declared that there are no
evidence supporting friendship between Hindus and Muslims. In your
speech you also stated that India had always been involved in ‘dushmoni’
towards Muslims and after the partition of British India into India and
Pakistan, the killing of Muslims in India had become a daily affair.
During your speech blamed the Hindus for creating rift between
Muslims by raising the issue of Bengali and non-Bengali. Furthermore,
you stated that unless the question of division based on language was
raised, it would not be possible to create a nation of Hindus and
Muslims. In your speech you also urged all Muslims to discard the
Bengali and non-Bengali mentality. By making such an inciting speech
you had isolated the Hindus on religious grounds and made them a
target for attack. It was as a result of the incitement made by you that
Hindus were eliminated and deported out of the country. This
26
demonstrates incitement on your part to commit above-mentioned
crimes.
And, On 02.08.1971, you as Ameer of the Jamaate-Islami during a
conference presided over by the Director of the Pakistan Affairs
Academy Dr. Hasan Zaman, organized by the Jamaat-e-Talaba-e-Arbiya
and held at the Dhaka University Gymnasium, gave a speech stating that
the ongoing situation was a ‘juddho poristhiti’ and that this war was not
only a war of arms but also a war of ideals. You stated further that there
was no other option but to win this war. Describing the existing situation
during your speech, you stated that this was a war for the ideals of Islam,
also known as ‘Jihad’, which was fought against non-Muslims. Your
speech directly incites eliminating opposing political and religious groups
because the fundamental principle driving a war is engaging in armed
resistance against one's enemies, which can end only when one side has
completely eliminated or defeated the opposing side. There are therefore
two instances of incitement made by you when you described the
ongoing situation as a ‘war’.
1) Calling for considering the Hindus, the supporters of Awami
League, as not true Muslims and those who support the independence of
Bangladesh as the enemies of the ongoing war.
2) Stating that the duty of the Jamaate-Islami, Shanti Committee,
Razakars, Al-Badr, Al-Shams etc. who were so-called ‘deshpremik’ was
to eliminate the above-mentioned enemies.
This demonstrates incitement on your part to commit above-mentioned crimes.
And, During a Jamaate-Islami district unit members meeting held at the
Khulna Municipal Hall on 04.08.1971, you called for the elimination of
so-called ‘dushkritikari’. According to you, ‘dushkritikari’ included those
common citizens who wanted to free Bangladesh from the attack and
27
occupation of the Pakistan Army, the members of political parties
especially those who had won in the national elections of 1970, those
who had wanted to free Bangladesh from the oppression of Pakistan,
minority Hindus and those whom you considered as enemies of the
State. You also urged all to unite under the leadership of Jamaat-e-Islami.
During this meeting you also criticized Sheikh Mujibur Rahman and
members of his political party for propagating the 6-point demands and
characterizing them as a separatist political movement. Your call to
eliminate ‘dushkritikari’ amounts to incitement to commit the above-
mentioned crimes.
And, On 06.08.1971, during a meeting organized by the Shanti
Committee at Kushtia Public Library, you declared that Sheikh Mujibur
Rahman and the banned Awami League had entered into an alliance with
India and had betrayed the common people of the region. You went on
to state that this betrayal had caused endless pain and sorrow for the
people and future generations would not forgive them. During your
speech you stated further referring to the great sacrifices of Muslims
during the Azadi movement against Hindu domination. Your call to the
common people to stay alert against the so-called ‘dushkritikari’ and to
the Shanti Committee to resist the so-called ‘rashtrobirodhi’ amounts of
incitement. This demonstrates incitement on your part to commit above-
mentioned crimes.
And, On 14.08.1971, in a statement given on the 25th Azadi Day of
Pakistan you stated that the unity of Pakistan was in crisis and that the
sovereignty of Pakistan was being threatened from internal and external
enemies. You urged all concerned to respond to the ongoing crisis and
take specific steps to transform ‘Pakistaner uddessho’ into reality. You
further stated that failing in such efforts shall result in their destruction
28
and create a handicapped State. By urging everyone to establish
‘Pakistaner uddessho’ and reminding that failure to do so shall result in a
destroyed and handicapped nation amounts to incitement. This
demonstrates incitement on your part to commit above-mentioned
crimes.
And,
On 14.08.1971, during a symposium organized by the Central
Shanti Committee on the 25th Azadi Day of Pakistan at the Curzon Hall,
you proclaimed that the dreams of the Bengali Muslims would one day
be realized if Pakistan remained as a State and that if Pakistan fails to
exist then Bengali Muslims would cease to exist altogether. During your
speech you also urged to remove from Pakistani territory those who did
not agree with his views. You went onto declare that although in the past
the enemies of Pakistan came from the outside, there were now many
enemies of Pakistan from within. You stated that the ‘ghorey boshey
thaka dushmon’ were far more dangerous than enemies from outside.
You placed special emphasis on the establishing a link between the
Pakistan Army and the Shanti Committee and stated that the Shanti
Committee was playing an important role in protecting the nation from
the hands of the separatists. You also stated that had the Shanti
Committee not informed the world that the people of East Pakistan
wanted to keep the unity of Pakistan intact, the ongoing situation could
have taken a different turn. You also mentioned that the responsibility of
protecting the nation rested with the Pakistan Army. During your speech
you stated that the responsibility of explaining the situation to the people
of the country rested in the hands of the Shanti Committee. You also
mentioned that they would explain the idea of a united Pakistan to the
people and those who would not subscribe to the idea would lose the
right to remain in the country. During the making of such speeches, by
29
speaking of ‘ghorey boshey thaka dushmon/ghorey ghorey jeshob
dushmon’ you were referring to the persons against the unity of Pakistan
and by urging to find them and forcing them out of Pakistan if they
refused to believe in the idea of Pakistan amounts to the making of
inciting comments. This demonstrates incitement on your part to
commit above-mentioned crimes.
And, While speaking with journalists at the Lahore Airport on
17.08.1971, you claimed that there was only one path left open for
Pakistan since India was sending in armed insurgents and also because
India was supplying arms and ammunition to the ‘duskritikari’, and that
path is to send a reply also by the force of arms. Your reference to
armed reply to the so-called ‘dushkritikari’ is a clear indication of serious
incitement. This demonstrates incitement on your part to commit above-
mentioned crimes.
And, On 23.08.1971, you gave a speech at a party program thrown by
the Jamaate-Islami at Lahore where you announced that many members
of Jamaate-Islami had lost their lives at the hands of the ‘dushkritikari’
because they had tried to uphold the ideals of Islam and gone against the
‘bicchinnotabadi’. You went on to say that the Islam loving East
Pakistanis were still sacrificing their lives trying to uphold the unity of
Pakistan. Propagating your own political views you asked whether if
members of any other political party had lost their lives opposing the
anti-unity slogans or if party other than Jamaate-Islami had been able to
hold meetings in the face of threats and ‘gundami’ of the Awami League
leadership during the election campaign. You further said that Pakistan
as a nation came into being on the basis of Islamic ideals and that these
ideals had protected Pakistan during the war in 1965 and it was also
these very ideals that had frustrated the attempt by India to divide the
30
Pakistani State. You by opposing the so-called
‘dushkritikari/bicchinnotabadi’ and by inspiring your party members to
oppose the so-called ‘dushkritikari/bicchinotabadi’ in the future and
mentioning the sacrifices by members of your party, had incited you
party members to commit above-mentioned crimes.
And, On 26.08.1971, while giving a speech at a party-member's meeting
of the Jamaate-Islami held at the Town Hall of Peshawar, you
proclaimed that the damage done by a group of ‘bicchinotabadi’ could
not be undone by mere slogans. Such a speech made by you amounts to
inspiring and giving incitement to the leaders and activists of your party
and others to engage in armed, suppressive and criminal measures
against the so-called bicchinotabadi’, thereby inciting them to commit
above-mentioned crimes .
And, On Defence Day of Pakistan on 05.09.1971 urging the people of
Pakistan to stay completely committed to the ideals of Pakistan
(‘Pakistaner adorsher proti otol’) and engage in ‘juddho’ and ‘attotag’
(sacrifice) against ‘obbhontorin ba bohirakromoner’. This speech of
yours was mainly addressed towards the members of your own political
party, i.e. the Jamaat-e-Islami, and auxiliary forces such as Razakars,
Shanti Committee, Al-Badr, Al-Shams and others so that they would be
prepared for war which in reality amounts to direct incitement to commit
above-mentioned crimes.
And, In an interview in first week of September of 1971, you, apart from
displaying your control over your party and others, confirmed the
symbiotic relationship between the Razakars and Jamaat-e-Islami. You
stated that the members of the Jamaat-e-Islami were committed to the
defence of the nation by joining the Razakars and because they were
31
aware of the fact that there would be no space for Islam or Muslims in
‘Bangladesh, you declared that members of the Jamaate-Islami could
become ‘shaheed’ but never transformed. You said that after March 25,
you toured Chittagong, Rajshahi, Khulna, Jessore, Kushtia etc. and
witnessed that the mental attitude of the members of Jamaate-Islam was
strong. You urged to free East Pakistan’ from the hands of the so-called
‘ugro jatiotabadi’. During the interview you directed members of the
Jamaate-Islami to join the auxiliary force of the Pakistan Army, i.e. the
Razakars and others, and at the same time confirmed that by touring the
country you had incited various auxiliary forces to commit crimes. In the
same manner, your call to save the nation from the hands of the so-
called ‘ugro jatiyotabadi’ also amounting to incitement to commit the
above-mentioned crimes.
And, During the speech at a meeting given on 10.09.1971 on the
occasion of the Mustafa Al-Madani Day at the Baitul Mukarram you
declared that the ‘bidrohi’ were ‘shotru’ of Islam. Such kind of statement
and Fatwa made by you is yet another example of you inciting your
followers, activists and members of the auxiliary forces to commit the
above-mentioned crimes against the so-called ‘bidrohis’ and ‘Islamer
shotru’ and to eliminate them.
And, You, on 11.09.1971, gave an inciting speech at a program
organized by the Dhaka City unit of Islami Chattra Shangha at Curzon
Hal, University of Dhaka where you told your members that they would
be able to make ‘Pakistanke chirosthayee’. In reality your call to protect
Pakistan amounted incitement towards your own political organization
and other auxiliary forces of the occupying Pakistan Army to commit the
above-mentioned crimes.
32
And, On 17.09.1971, you undertook an official visit to one of the
principal Razakars Training Centres at the Physical Education Centre of
Mohammadpur, Dhaka where Razakars were undergoing training. This
Physical Education Centre at Mohammadpur was not only a Razakars
training ground but also a name that spread terror in peoples mind in
1971. In reality this Centre was a torture and killing ground. Countless
victims were killed and tortured here. In this centre the Razakars were
given comprehensive training to commit murder, torture, rape etc. You
visited the Centre to see the Razakars and others undergoing training and
inspire them by giving inciting speeches. In your speech there, you toyed
with religious sentiments and inspired people to sacrifice their lives for
‘Pakistaner hefazot’. You also called for not only the members of
Jamaate-Islam but also ‘Alem o Islami kormi’ to join the armed forces.
Your visit to this torture and killing ground of Mohammadpur confirms
your acquiescence to the crimes that were committed there and also
clearly demonstrate incitement to commit the above-mentioned crimes.
And, On 25.09.1971, during a meeting organized by the Dhaka City unit
of the Jamaate-Islami at a local hotel of Dhaka, you stated that the
Jamaate- Islami considered Pakistan and Islam as one and indivisible and
that Pakistan was a house for all Muslims across the globe. You further
stated that if Pakistan ceased to exist then the members of the Jamaate-
Islami would see no point in living on earth. You told your members that
members of Jamaate-Islami were putting their lives on risk and working
to uphold the existence and unity of Pakistan and also establish peace
and security across the country. In your speech you also blamed
destructive activities of the ‘dushkritikari’ for the ongoing crisis of the
country. By showing that Islamic ideals and the upholding of the unity of
Pakistan were one and the same and that the so-called ‘dushkritikari’
33
were engaged in destructive activities, you incited your party members to
engage in the commission of crimes and as a result committed
incitement to commit the above-mentioned crimes.
And, During your opening speech on 03.10.1971, during the opening
speech given by you at the meeting of the Majlis-e-Shura of the Jamaat-
e-Islami at Dhaka, you used religion and religious sentiments to incite the
commission of crimes. You urged your party activists and followers to
prepare themselves for the highest possible sacrifice to protect Pakistan.
You said that protecting Pakistan was a holy responsibility and that this
belief was the driving force that kept the Jamaat members and followers
moving. Protecting Pakistan amounts to the selected torturing or of a
group, killing or forcing out from the country of men and women,
Bengalis, Hindus, democratic and progressive political activists, persons
from various professions by the Pakistan Army from March 25, leaving
Pakistan for only those whom you believed to be true Muslims. The
nature of such a call made by you amounts to inciting the Pakistan Army
and its auxiliary forces to commit the above-mentioned crimes.
And, After reaching Lahore on 23.11.1971 to attend a meeting of the
Central Executive Committee of the Pakistan Jamaate-Islami, you
discussed with journalists and said that an aggressive position would be
the best mode of self-defence for Pakistan. You stated further that for
Pakistan to exist as a nation with honor, there was no other path but to
take up an aggressive position and stating to continue the so-called
‘shontrashbadi karjokolap’, you demanded that all patriotic citizens,
members of the Shanti Committee and Razakars be equipped with
modern automatic ammunition so that they would be able to engage in
‘shantirokkha’. You by demanding the arming of all patriotic citizens,
members of the Shanti Committee and Razakars so that they would be
34
able to engage in ensuring peace in a situation of ongoing ‘shontrashi
karjokolap’ and explaining the need to take up an aggressive position as
part of a best defensive position amounts to incitement to commit the
above-mentioned crimes.
And, On 24.11.1971, in a speech given at meeting to honor the members
of the Central Working Committee of the Jamaate-Islami organized by
the Jamaate-Islami at a local hotel in Lahore, you urged President Yahya
Khan that West Pakistan should attack India in response to the all-out
attack of India on Pakistan and that if this attack was not carried out,
then the enemies would get the opportunity to slowly achieve their
ulterior motive of diving Pakistan into many pieces. By calling on to
launch an attack on India, you clearly incited to commit the above-
mentioned crimes.
And, Following a long 70-minute meeting on 01.12.1971 with President
of Pakistan Yahya Khan, you addressed at a press conference where you
reported your discussion with him on various issues. You said that you
had reiterated to Yahya Khan the need to increase membership of
Razakars. You also stated that the people would offer their full support
to the ‘shoshosro bahini’ and that the Razakar forces was enough to face
the ‘shotrubahini’ . Your demand to increase the membership of the
Razakar forces and declaration to face the ‘shotrubahini’ with the
Razakars amounts to inciting the commission of the above-mentioned
crimes.
Through your above acts and commissions, you committed the
crime of incitement as specified in Section 3(2) of the Act, and as result
of which crimes mentioned in section 3 (2) of the Act were committed in
all-over Bangladesh, and therefore you are charged with commission of
the crime of incitement under Section 3(2)(f) read with section 4 (1) and
35
section 4 (2) of the Act, which is punishable under section 20 (2) of the
Act.
Charge No 4:
That on 04.04.1971, you were part of a 12 member team consisting
of Nurul Amin, Maulavi Farid Ahmed, Khawaja Khayer Uddin, AKM
Shafiqul Islam, Maolana Nuruzzaman, Hamidul Huq Chowdhury,
Mohsinuddin Ahmed, Advocate AT Sadi and others met with Lt.
General Tikka Khan, the Chief Martial Law Administrator of the “Kha”
Zone of occupied Bangladesh at the Governor House of Dhaka. This
meeting was held at such a time when large scale genocide had already
been committed through ‘Operation Searchlight’ on March 25 and that
the Pakistan Army had already committed many crimes against the
common people for almost nine days. Your presence in that meeting not
only demonstrates your acquiescence to all the crimes committed
throughout the country from March 25 to April 4, but your offering of
‘purno shohojogitar asshash’ to the Pakistan Army demonstrates your
complicity in the all subsequent above-mentioned crimes committed in
Bangladesh.
And, On 06.04.1971, as Ameer of Jamaate-Islami, you held an one to
one meeting with Lt. General Tikka Khan, the Chief Martial Law
Administrator of the “Kha” Zone and extended ‘purno shohojogitar
protisruti’ with the goal to bring back ‘shabhabik obostha’ in the country.
In the meeting, you expressed concern over ‘Pakistaner abbhontorin
beparey Bharoter hostokkhep’ and ‘Pakistane shoshosro onuprobeshkari
preron’. You assured that the patriotic citizens of the country would
assist the Pakistan Army to frustrate the on going conspiracy
‘shorojontro nosshat korar jonno shoshostro bahinike shohayota koribe’
36
indicating your complicity in all above-mentioned crimes committed in
Bangladesh.
And, On 09.04.1971, the Shanti Committee was expanded to a 140-
member body where you held the third position while Khawaja
Khayeruddin was nominated as the Convenor of this Committee. The
constitution and control of the local Peace Committees at the Union,
Moholla levels was vested on the said Central Peace Committee. The
goal of the Peace Committee was to assist in attacks on the common
people of Bangladesh and the commission of above-mentioned crimes.
As a leader of Shanti Committee, set-up to commit crimes, you are
complicit in commissioning of all the above-mentioned crimes.
And,
With the intent to conduct its criminal activities more efficiently
and extending the organizations activities throughout the country, on
15.04.1971, the name of the ‘Nagorik Shanti Committee’ was changed to
‘Kendriyo Shanti Committee’. A 21-member Executive Committee was
also formed, of which you held third position. A decision was taken to
form units at the district and sub-division levels to execute the plans of
the Committee. The other members of the Committee were, 1) Khawaja
Khayer Uddin, 2) A.Q.M. Shafiqul Islam, 3) Mahmud Ali, 4) Abdul
Jabbar Khan, 5) Maolana Siddiq Ahmed, 6) Abul Kashem, 7) Maolana
Syed Mohammed Masum, 8) Abdul Matin, 9) Professor Golam Sarwar,
10) Barrister Akhter Uddin, 11) A.S.M. Solayman, 12) A.K. Rafiqul
Islam, 13) Nuruzzaman, 14) Ataul Huq Khan, 15) Toaha-bin-Habib, 16)
Yusuf Ali Chowdhury (Mohon Miah), 17) Major Afsar Uddin, 18)
Dewan Barasat Khan, 19) Peer Mohsen Uddin and 20) Hakim Irtejur
Rahman. You were one of the main leaders of the Executive Committee
of the said Central Peace Committee and since the objective of Shanti
37
Committee was to assist the Pakistan Army to commit crimes and since
the Committee itself played a role in the execution of the plan to commit
crimes, your complicity in all the above-mentioned crimes committed are
clearly demonstrated.
And, You met with Jamaate-Islami leaders at Jessore, Khulna and
Dhaka’s Mirpur, Lalbagh, Chawk, Lalmatia and Thataribazaar as part of
your tour of various parts of Bangladesh during which you took part in a
series of meetings and gave speeches. During such meetings you and
other leaders of Jamaate-Islami praised the Pakistan Army and stated
that the Army had saved the country at a moment of crisis. You also
expressed satisfaction stating that the local people of East Pakistan had
also assisted the Pakistan Army. Such praising of the Pakistan Army
indicate your complicity in the above-mentioned crimes committed
throughout the country by the Pakistan Army in the guise of protecting
the country from the so-called ‘shongkot’ .
And, On 18.06.1971, while addressing journalists at the Lahore airport
you extended your support towards the nationwide criminal activities
and illegal occupation of the Pakistan Army by rejecting the possibility of
transferring power to the elected representatives for the sake of bringing
an end to the crisis. You stated that the true representatives who were
unanimously elected had been declared illegal, a declaration which in fact
been made on behalf of the occupying Pakistan Army. You also
informed journalists that you would be informing President Yahya Khan
at Rawalpindi of possible steps that could be taken to improve ‘unnayan’
the situation of East Pakistan, which in essence indicates your close
proximity to the ongoing incidents in Bangladesh. By expressing your
support towards the illegally occupying Pakistan Army, you termed the
whole population supporting the independence of Bangladesh as
38
‘dushkritikari’ and their legitimate demands as destructive ‘dhongshattok
kaj hishebey’. You also demanded that so-called ‘prokrito’ miscreants be
apprehended (‘pakrao’) during the effort to contain the ongoing
situation. The promise you made commiting yourself and the auxiliary
forces under your control to offer full assistance to the Pakistan Army
indicates complicity in the above-mentioned crimes committed
throughout the country by the Pakistan Army and the auxiliary forces.
And, During your exchange with journalists on 19.06.1971, you
impressed upon the topics discussed with President Yahya Khan, where
you urged the Government to supply arms and ammunition to those
who believed in the ideal and unity of Pakistan in order to combat the
so-called ‘dushkritikari’. It must be noted here that by referring to those
who believed in the ideal and unity of Pakistan you meant members of
the Jamaate-Islami as well as members of the Shanti Committee, Al-
Badr, Al-Shams and Al-Mujahid etc. You also stated that those who did
not support the ideal of Pakistan was not a friend of Pakistan. You
reiterated the position of the military regime of Pakistan by dubbing the
independence-loving people of Bangladesh as separatists and miscreants
and clearly stated your position to effectively combat them. Your
demand of arming the so-called patriots ‘deshpremikder’ so that it would
be possible to effectively combat and eliminate the so-called
‘dushkritikari’, who supported the independence of Bangladesh,
demonstrates your complicity in the above-mentioned crimes committed
throughout the country by the Pakistan Army and the auxiliary forces.
And, On 20.06.1971, you raised the issue of the incidents taking place in
Bangladesh, the overall situation and what needs to be done in front of
journalists during a press conference held at the Jamaate-Islami office,
Lahore. During your speech you informed that so-called ‘dushkritikari’
39
were still active in East Pakistan and in order to effectively combat them
the arming of the so-called ‘shantipriyo’ citizens for the sake of security
‘nirapottar jonno’ was necessary. When referring to ‘shantipriyo’ citizens,
you meant members of the Shanti Committee, Al-Badr, Al-Shams etc.
Although, you justified the arming of the so-called ‘shantipriyo’ citizens
by stressing on the issue of their personal security, you had also in fact
revealed your true intent of combatting ‘protirodh’ the activities of the
so-called ‘dushkritikari’ in the same sentence. Your clear position in
support of the military regime of Pakistan and its evil design to regarding
independent Bangladesh and her independence loving people and call to
arm the so-called ‘shantipriyo’ citizens in furtherance of that design
indicates complicity in the above-mentioned crimes committed
throughout the country by the Pakistan Army and the auxiliary forces.
And, You hailed on 21.06.1971, the role played by the Pakistan Army for
destroying the so-called separatist movement in East Pakistan while
giving a speech before members of the Jamaate-Islami in Lahore. You
stated that there was no other way to save the country from separating
without intervention by the Pakistan Army. This unconditional support
conveyed by you towards all criminal activities by the Pakistan Army
indicates complicity in the above-mentioned crimes committed
throughout the country by the Pakistan Army and the auxiliary forces.
And, In a press conference held at a hotel in Karachi on 22.06.1971,
you urged all your followers and everyone else to offer effective
assistance and full cooperation to the authorities in order to re-establish
so-called ‘shabhabikota’. You also said that the people of East Pakistan
would always live together with their West Pakistani brothers for the
sake of their own survival. You further stated that the objective of the 6-
point demands of the banned Awami League was to separate East
40
Pakistan from West Pakistan. You also demanded that the Government
ban those political parties that had openly engaged in movement in
support of the 6-point demands, which you perceived as a separatist
movement. You urged all concerned to take effective steps to bring back
a sense of faith amongst the people and also to combat the so-called
‘dushkritikari’ and anti State elements ‘rashtrobirodhider’. You also
hailed all the steps and activities of the Pakistan Army which were all of
criminal nature. Such a speech made by you expressing all out support
towards all activities of the military regime of Pakistan, calling all to offer
full cooperation to the military authorities and if needed, offer full
assistance by directly taking part in criminal activities indicates complicity
in the above-mentioned crimes committed throughout the country by
the Pakistan Army and the auxiliary forces.
And, On 06.08.1971, the local Shanti Committee organized a meeting at
Kushtia Public Library, during which you dubbed the Awami League and
Sheikh Mujib as ‘Bharoter dalal’ and ‘bisshashghatok’. In your speech
you also stressed upon the need of ‘qurbani’ for the freeing of Muslims
from the Hindu domination. In the end you classified the Bengali
Hindus of occupied Bangladesh as ‘shorojontrokari’. By classifying the
Awami League and Bengali Hindus as ‘dushkritikari’ and ‘rashtrobirodhi’,
you called upon the common people to combat them by cooperating
with the Shanti Committee and concerned authorities. When referring to
the common people you in essence meant members of the Jamaate-
Islami, Shanti Committee , Razakars and other auxiliary forces over
whom you had influence and control. During the meeting you also
expressed gratitude towards the Pakistan Army for taking the necessary
steps ‘jothashomoye bebostha grohon’ for preserving the unity of
Pakistan and also called for Allah’s divine intervention. It was through a
speech of this sort that you expressed solidarity with the activities of the
41
Pakistan Army and all its criminal activities. In your speech you called
upon all to offer full cooperation to the Pakistani military authorities,
prayed for Allah’s divine intervention, thanked the Pakistan Army for
their acts, fully endorsed your support which indicates complicity in the
above-mentioned crimes committed throughout the country by the
Pakistan Army and the auxiliary forces.
And, On 20.08.1971, you were present at a Jamaate-Islami Central
Council meeting at Lahore presided over by the party’s Assistant Ameer
Maolana Abdur Rahim. During this meeting you offered full support to
the decision taken by the Pakistan government to repress the banned
Awami League by armed means ‘shoshosro domon’. It must be noted
that the repressive measures were of criminal nature and the ‘purno
shomorthon’ offered by you towards these measures indicates complicity
in the above-mentioned crimes committed throughout the country by
the Pakistan Army and the auxiliary forces.
And, You spoke at a press conference held at Peshawar on 26.08.1971,
during which you dubbed the revolutionaries against Pakistan as ‘Mir
Zafar’ and stated that the Pakistan Army had saved East Pakistan from
the evil motives of India. You subsequently called the revolutionaries
against Pakistan ‘dushkritikari o onuprobeshkari’ and members of the
Awami League as ‘fasibadi’ . You also urged to provide full cooperation
by the Bengali population to the Pakistan Army to destroy them. By
stating the destruction of the ‘dushkritikari’, ‘onuprobeshkari’ and
‘fesibadi’ you were in fact referring to the commission of criminal acts
against them. Your speech signifies full cooperation towards the criminal
activities of the Pakistan Army which indicates your complicity in the
crimes committed throughout the country by the Pakistan Army and the
auxiliary forces.
42
And, On 26.08.1971, you as Ameer of the Jamaate-Islami extended deep
respects towards the Pakistan Army for protecting the unity of Pakistan
in the midst of severe constraints and obstacles, at a party members
gathering held at the Town Hall of Peshawar. There you said that
chanting slogans would not be enough to address the damages done in
East Pakistan by a group of ‘bicchinotabadi’ . In your speech you not
only expressed unconditional support to all criminal activities of the
Pakistan Army but also urged the members of your own political party
and others to engage in repressive and criminal activities by stating that
the mere chanting of slogans would not suffice. This indicates your
complicity in the above-mentioned crimes committed throughout the
country by the Pakistan Army and the auxiliary forces.
And, On 30.08.1971, at a press conference held at Hyderabad, you
mentioned the martyrdom of 500-700 volunteers of the auxiliary forces
while trying to protect the unity of Pakistan. You demanded the
dissolution of the ‘Jatiyo Parishad’ and the holding of fresh elections.
You also demanded the strengthening of the ‘deshpremik o Islam priyo’
persons, i.e. those persons who were supporting the unity of Pakistan
and were assisting the Pakistan Army. According to you these persons
had helped in bringing the situation in occupied Bangladesh under
control ‘poristhiti niyontron’. By stating ‘poristhiti niyontron’ you were in
fact referring to the repression of those who supported the
independence of Bangladesh whom you dubbed as ‘dushkritikari,
rashtrobirodhi o bidrohi’ . You also mentioned the assisting of the
Pakistan Army and the concerned authorities by the so-called
‘deshpremik’ in the efforts to repress those who supported the
independence of Pakistan. By hailing the Pakistan Army you expressed
your support towards all their activities. You mentioned the important
43
role played by the Tolabaye Arabiya, Islami Jamiyate Tolaba and Shanti
Committee in the process of combating the so-called ‘dushkritikari o
Bharotiyo agent’. By stressing upon the importance of the auxiliary
forces you confirmed your connection to the criminal activities of the
Pakistan Army. Your speech also confirms the connection between the
criminal activities of the Pakistan Army and you and your auxiliary forces
and indicates your complicity in the above-mentioned crimes committed
throughout the country by the Pakistan Army and the auxiliary forces.
And, You spoke at a press conference at the Karachi office of Jamaate-
Islami on 31.08.1971, and expressed gratitude towards the Pakistan
Army for protecting Pakistan ‘Pakistan rokkhay’. By protecting Pakistan
‘Pakistan rokkha’, you meant upholding the unity of Pakistan by
repressing the people of Bangladesh supporting its independence which
also signifies your support towards the criminal activities of the Pakistan
Army. You dubbed the supporters of the independence of Bangladesh as
bad Muslims ‘bhalo Musolman noy’, who according to you were so-
called ‘bicchinotabadi’. You also mentioned the repression of these
persons by so-called ‘ekmona o deshpremik’ persons. Your speech
confirms your support and connection with the criminal activities
repressing those supporting the independence of Bangladesh. Your
hailing of the activities of the Razakars also conveys your support
towards the crimes they committed and confirms your association and
connection to those crimes. Thus your speech indicates your complicity
in the above-mentioned crimes committed throughout the country by
the Pakistan Army and the auxiliary forces.
And, On 03.09.1971, you and other leaders of the Jamaat-e-Islami agreed
to eliminate the so-called revolutionaries and anti social elements
‘bidrohider’ and ‘shomajbirodhider’, in the efforts to bring back a state
44
of normalcy at a meeting of party leaders at the Dhaka city office of
Jamaat-e-Islami located at 91/92 Siddiq Bazaar, Dhaka. While discussing
the political and law and order situation in the country, you stressed
upon the importance of efforts to bring back a state of normalcy in the
country. When referring to the ‘bidrohi o shomajbidrohi’, you meant the
people supporting the independence of occupied Bangladesh and the
innocent Bengali population. The nature of decisions taken by you
during this meeting along with your support, connection to and
association with the brutal elimination of persons supporting the
independence of Bangladesh indicate your complicity in the above-
mentioned crimes committed throughout the country by the Pakistan
Army and the auxiliary forces.
And, You issued a statement from Dhaka on 10.09.1971, where you
stated intelligent and sharp persons should be included in the Pakistani
delegation at the upcoming General Assembly of the United Nations.
You stated this because you believed that in the midst of the severe on
going crisis there would be many criticisms against at the United Nations
General Assembly and they would have to attend many debates. Hence,
right selection Pakistan delegation was a matter to sustaining of the
national unity, not a matter of person or personality. You advocated the
appointing of ‘bagmi o khurdhar buddhishomponno’ because you knew
that they would have to face questions at the United Nations regarding
the torture, repression, genocide and crimes against humanity committed
against the people of occupied Bangladesh by the Pakistan army and its
auxiliary forces. This is why you wanted that a competent delegation be
sent capable to explaining such activities. Such prescriptions made by
you confirm your association, connection and support towards all
criminal activities of the Pakistan Army and its auxiliary forces which
indicates your complicity in the above-mentioned crimes committed.
45
And, During mid September of 1971, while congratulating the newly
appointed Cabinet under the military regime of Pakistan, you hailed the
operation of the Pakistan Army and mentioned that the central and local
Shanti Committee were working towards bringing back a sense of
normalcy in the country. You also expressed hope that the newly
constituted Cabinet would function even better than the Shanti
Committee. Through your speech you expressed solidarity with the
criminal activities of the Pakistan Army and the Shanti Committee
thereby clarifying your own association with such activities, and thus
indicating your complicity in the above-mentioned crimes committed
throughout the country by the Pakistan Army and the auxiliary forces.
And, On 25.09.1971, during a reception thrown in the honor of
Provincial Education Minister Abbas Ali Khan and Revenue Minister
A.K.M. Yusuf at the local Hotel Empire, Dhaka, you reported about
sending of members of the Jamaate-Islami to the Razakar Forces and the
Shanti Committee . You went on to say that the two members of
Jamaate-Islami who had joined the Cabinet were forced to do so by the
party members and the objective with which the Jamaate-Islami had sent
its members to the Razakar Forces and Shanti Committee was identical
to the objective behind sending its members to the cabinet. You stated
further that the two Jamaat-e-Islami members were sent to join the
cabinet in line with your own efforts of returning a state of normalcy
‘shanti’ to the country. The sending members of your own party to
forces auxiliary to the Pakistan Army, such as the Razakars Forces and
the Shanti Committee, in the name of establishing peace ‘shanti’,
indicates your complicity in the above-mentioned crimes committed
throughout the country by the Pakistan Army and the auxiliary forces.
46
And, During a public meeting organized by the Jamaate-Islami at the
Baitul Mukarram premises on 16.10.1971, you stated that in order for the
Bengali Muslims to live their lives keeping their livelihood and rights in
tact, the preserving of the unity of Pakistan was imperative. You placed
blame on the so-called ‘choromponthi’ of the banned Awami League for
all the miseries of the country and stated that the Jamaat-e-Islami was
working relentlessly through the Shanti Committee to the establishing of
a civilian government in the country. This speech made by you clearly
shows your association with the criminal activities of the Pakistani
military forces and the Shanti Committee indicating your complicity in
the above-mentioned crimes committed throughout the country by the
Pakistani military forces and the auxiliary forces.
And, After returning from Lahore, on 26.11.1971, during an exchange
with journalists, you hailed the role played by the Razakars and
demanded that they be armed with modern weapons. You stated further
that doing so would allow the destruction of the ‘dushkritikari’. In 1971,
the criminal activities of Razakars forces spanned throughout the
country and this force was made up of members of the Jamaate-Islami
under the initiative of the Pakistani military forces. Therefore, by hailing
the role played by this organization, your complicity in the above-
mentioned crimes committed throughout the country by the Pakistan
military forces and the auxiliary forces.
And, On 28.11.1971, during a meeting of the United Coalition Party
(UCP) held at Rawalpindi, you admitted that you and the organizations
under your control were involved in assisting the Pakistan Government
in taking measures against the ‘bicchinnotabadi’ and ‘rashtrobirodhi’
persons because you considered it to be your duty to do so. During your
47
speech you stated that the UCP was committed towards upholding the
unity of the country under the leadership of Nurul Amin. You urged
President Yahya Khan to tour East Pakistan in order to attain the
assistance of the so-called ‘deshpremik’ of East Pakistan. You mentioned
that all patriotic people of East Pakistan were working unitedly and that
a 6-party coalition had been formed there to take part in the by-elections
of East Pakistan. In your speech you also stated that members of the
United Coalition Party and Razakars were sacrificing their lives to
protect the country. This speech made by you indicates your complicity
in the above-mentioned crimes committed throughout the country by
the Pakistan Army and the auxiliary forces.
Through your above acts and commissions, you were complicit in
commission of the crimes specified in section 3 (2) of the Act, and as a
result of which crimes mentioned in section 3 (2) of the Act were
committed in all-over Bangladesh, and therefore you are charged under
section 3 (2) (h) read with section 4 (1) and section 4 (2) of the Act for
commission of the crime of complicity in commissioning the crimes
specified in section 3(2) of the Act, which is punishable under section 20
(2) of the Act.
Charge No 5:
That after the crackdown on March 25, 1971, seeing the Pakistan
Army moving towards Mohammadpur Police Station at 11.00 pm, Sub
Inspector of Police Siru Miah went to his house at Chamelibagh and on
March 28, 1971, he along with his wife wife Anwara Begum, minor son
Anwar Kamal and other relatives went to his village at Ramkrishnopur,
P.S. Homna, District Brahmanbaria and started helping the people who
were leaving the country as refugee. On October 25, 1971, the said Siru
Miah along with his son Anwar Kamal and others in order to go to India
left their home and they had two revolvers, one with Siru Miah and
48
another with Nazrul Islam and they were arrested by Razakars at Tantar
checkpost of Kashba P.S. on October 27,1971 at about 10.00 in the
morning and were taken to the Razakars camp. At that time 5-6
members of the Pakistan Army came there and took the two revolvers
from them and they were fastened with wire and kept in a truck going
towards Brahmanbariya and at about 12 noon they were taken to
Brahmanbariya court. They were abused like anything and the wristwatch
and ring which they possessed was forcefully taken from them and they
were taken to Razakars manzil and people were told that a special force
with arms had been captured and from then every morning they were
taken to the house of Dana Miah and tortured which was looked into by
Jamaat-e-Islami leader and Shanti Committee (Peace Committee)
member Peyara Miah and the torture continued for the whole day and
then taken to thana hazat. After 2-3 days they were taken to jail. You
being the Ameer of East Pakistan Jamaat-e-Islami and a central leader of
the Shanti Committee (Peace Committee), the wife of Siru Miah
developed an idea that if you try then all of them may be released and
Siru Miah’s wife came to Dhaka in the house of her sister whose
husband was a teacher of your two sons, Azmi and Amin and you were
requested by the said teacher and you said that you all knew it and you
asked the said teacher to meet you after two days. After two days when
the teacher met you, you went to the office of Jamaat-e-Islami at
Nakhalpara and gave him a enclosed envelope asking him to give it to
Peyara Miah and when the said envelope was given in the hand of Peyara
Miah, reading that letter he showed another letter, official letter written
by you where it was written to kill Siru Miah and his son as they were
freedom fighters. Then Peyara Miah told that this letter contained
nothing new and told Siru Miah’s wife to go home and pray. Ultimately
those persons along with others, a total of 40 persons, were taken out of
49
the jail. Subsequently one person named Shafiuddin was released as he
knew Urdu and others were taken to Pourotola and were shot at by
Razakars and Al-Badr and one survived and the remaining 38 were
killed. Thus, under your direct instruction, SI Siru Miah, Anwar Kamal,
Nazrul Islam and Abul Kashem, in total 38 persons, were killed, Anwar
Kamal tortured and therefore you committed crimes of murder and
torture as crimes against humanity under Section 3(2)(a) of the
International Crimes (Tribunals) Act 1971.
Thus you have committed the offences, under different provisions
of section 3(2) and 4 of the Act, which are punishable under section
20(2) of the Act and within the cognizance of this Tribunal. And we
hereby direct you to be tried by this Tribunal on the said charges. You
have heard and understood the aforesaid charges.
Q Are you guilty or not-guilty ?
Ans. Not guilty.
The charges are read over and explained to the accused on dock
who pleaded not guilty and claimed to be tried.
To 05.06.2012 for opening statement of prosecution and
examination of prosecution witnesses. The trial shall be continuing on
every working days until further order. The defence counsel is also
directed to submit a list of witnesses if any along with four sets of
documents thereof, which the defence intends to rely upon by the date
fixed.