Chief Prosecutor Vs Professor Golam Azam, son of late Moulana Golam Kabir of village Birgaon, Police...

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


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


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


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


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


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


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


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



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



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



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


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



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


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


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



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.

Chief Prosecutor Vs Professor Golam Azam, son of late Moulana Golam Kabir of village Birgaon, Police...

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Transcript of Chief Prosecutor Vs Professor Golam Azam, son of late Moulana Golam Kabir of village Birgaon, Police...