15 Feb 2012: Azam charge framing 1

After dealing with the four applications filed on behalf of Gholam Azam, the tribunal chairman Justice Nizamul Huq asked the Chief Prosecutor whether he was ready to start the charge-framing, and when Tipu said he was, the chairman asked him to come upto the Dais. (To read about Sayedee witness query, see end of this page)

Defence counsel M Tajul Islam arrived in court in the meantime and Tribunal chairman Justice Nizamul Huq said, “Let Mr. Tajul come to the dais' and then he said, "We will hear Mr. Abdur Razzak afterwards (In respect to the time petition/application for adjournment).  Now prosecution will carry on reading out the formal charge.”

Defence counsel M Tazul Islam said that “My lord, in that case the matter will be proceeding and there is no point for adjournment hearing then. We have submitted the time petition and your lordship should hear that one first. I do not have any problem if the prosecution then reads out the whole formal charge and related documents.”

Tribunal chairman Justice Nizamul Huq then replied, “You will automatically get the time as it will take time for prosecution to read out the whole formal charge. They are not going to make any argument right now.”

He then told the Chief Prosecutor to start. This is the first day which primary deals with history and background. The charge framing application was given in four different postings:

- day two; (crimes committed in 1971, and different organizations involved)

- day three; (specific charges against Azam

- day four: (specific charges against Azam)

- day five (summary)

The allegations against him are summarised in this way:

'In 1971, when the liberation war started, the activists and leaders of Jamaat-e-Islami headed by him and Islami Chhatra Sangha under his authority seriously opposed the liberation. That time Jamaat-e-Islami emerged as the ‘Auxiliary Force’ of Pakistan army and being the Chief of Jamaat-e-Islami, the accused played the main role in East Pakistan not only in controlling the organizational structure of Islami Chhatrasangha but also in forming Peace Committee, Razakar force, Al-Badar Force and Al-Shams force. Being connected with these organizations, he played role in committing crime throughout Bangladesh as per section 3(2) of the International Crimes (Tribunlas) Act, 1973.  

In addition, during the liberation war, the accused had been elected without contest from Tangail as the member of National Assembly in a mocking election. The leadership of the accused in Jamaat-e-Islami, Peace Committee, Al-Badar, Al-Shams indicates his significant role in the commission of different crimes by those organizations.'

Below is the first section of the prosecutions charge-framing application against Gholam Azam, from which sections were read out. It deals with a summary of the allegations against Azam, the background to the war and the post 1971 activities of Golam Azam. 

1. Systematic History and Description of this Case

Under the power of section 8(1) of the International Crimes (Tribunals) Act, 1973 (Act no. XIX of 1973), for the purpose of investigating the crimes under section 3(2) of the said Act, Md. Motiur Rahmad has been appointed as the investigation officer of International Crimes Tribunal (described later as ‘Tribunal’). He, hereby, started investigating the crimes committed by the accused Ghulam Azam under section 3(2) of the International Crimes (Tribunal) Act, 1973 according to rule 05 of International Crimes (Tribunals) notification no. Tri/87/rule/10, Date- 15 July 2010, Complaint Register serial no. 5, Date 01.08.2010. In accordance with rule 11 of International Crimes (Tribunals) Rules, 2010 (Amendment in 2010 and 2011), on 31.10.2011, after completion of investigation, the investigation officer has submitted to Honorable Chief Prosecutor the investigation report with all documents found during investigation, papers and statements of witnesses. On 12.12.2011, on the basis of the investigation report, all documents found during investigation, papers and statements of witnesses, the application of Formal Charge against the accused Ghulam Azam has been submitted by Prosecution to Honorable Tribunal. Tribunal fixed 26.12.2011 as the date of giving order on the application of formal charge. The formal charge that was submitted first has been returned to Prosecution by the Tribunal exercising its inherent power for the sake of justice. The Tribunal fixed 05.01.2012 as the date for resubmission of the application and thereby the Prosecution had been ordered. In harmony with the direction of Honorable Tribunal, this is application is the application for the formal charge against the accused Ghulam Azam that is resubmitted by prosecution.

2. Identification of the Accused Ghulam Azam
Birth, Education and Occupation 

2.1. The accused Ghulam Azam was born in vill-Birgaon under the police station of Nabinagar of Brahmanbaria district. Father- Late Mawlana Ghulam Kabir, Mother- Late Syeda Ashrafunnesa. He was born on November 7, 1971. In his initial life, the accused studied in Madrasah. Later on he completed post-graduation degree from the department of Political Science in the University of Dhaka in 1950. Till 1950-55 the accused served as the teacher of Rangpur Carmichael College.

Political and Organizational Activities 

2.2. While studying in the department of Political Science in Dhaka University, during 1947-48 the accused discharged his duty as the General Secretary of Dhaka University Central Student Union. In 1954 the accused joined in Jamaat-e-Islami as ‘Muttafiq’ or Associate Member. Since 1950 till 1960, the accused was the secretary of East Pakistan Jamaat-e-Islami and since 1971 till 1971 he was Ameer (the Chief) of the same party.

Activities of the Accused during Liberation War, 1971 

2.3. In 1971, when the liberation war started, the activists and leaders of Jamaat-e-Islami headed by him and Islami Chhatra Sangha under his authority seriously opposed the liberation. That time Jamaat-e-Islami emerged as the ‘Auxiliary Force’ of Pakistan army and being the Chief of Jamaat-e-Islami, the accused played the main role in East Pakistan not only in controlling the organizational structure of Islami Chhatrasangha but also in forming Peace Committee, Razakar force, Al-Badar Force and Al-Shams force. Being connected with these organizations, he played role in committing crime throughout Bangladesh as per section 3(2) of the International Crimes (Tribunlas) Act, 1973.

2.4. In addition, during the liberation war, the accused had been elected without contest from Tangail as the member of National Assembly in a mocking election. The leadership of the accused in Jamaat-e-Islami, Peace Committee, Al-Badar, Al-Shams indicates his significant role in the commission of different crimes by those organizations. His role has elaborately been discussed in the later part of this document.

Anti-Bangladesh Activities 

2.5. On December 16, 1971, in the eve while Pakistan army with their auxiliary forces surrendering, at Dhaka Ramna Racesourse Field, to liberation-force and Captain of East Regional joint-command of Indian ally force Lieutenant General Jagjeet Sing Arora, the accused absconded himself in Pakistan on November 22. After gaining liberation, the citizenship of the accused had been rescinded and the Jamaat-e-Islami had been banned. In beginning of 1972, the accused formed a committee named ‘East Pakistan Recovering Committee’ and took initiative to strengthen the movement for recovering East Pakistan. In order to give velocity to ant-Bangladesh movement, the accused, visiting the Islamic countries of middle east, applied his all effort to raise anti-Bangladesh attitude among them till March, 1973. In addition, in mid 1973, he went from Pakistan to London and established therein the headquarter of ‘East Pakistan Recovering Committee’. He published there from a weekly newspaper named ‘Sonar Bangla’ that contained –anti-Bangladesh propaganda. In various stages of London-based activities, he launched across the middle east countries anti-Bangladesh propaganda in the name of Islami movement.

2.6. On April 18, 1973, due to his anti-liberation attitude and engagement in genocide and crimes against humanity , the citizenship of the accused had been rescinded on April 18, 1973. In March 1975, being invited by Saudi Prince Foysal Ibn Abdul Aziz, the accused visited Saudi Arab. There he along with his brother Ghulam Muzazzem (the then private physician of Saudi Prince) and his uncle Advocate Shafiqul Islam (now, Late) met the Prince of Saudi Arab. He says to Saudi Prince that- ‘Hindus has occupied Pakistan, burnt the holy Quran, converted the Mosques into temples and a number of Muslims are being tortured. As a result, different aged peoples from forty thousand families has been died.’

Mentioning these causes, the accused asked from Prince the financial help. The accused, in the name of reconstruction of Mosques, Madarasas, collected around 45 Lac Riel from several countries of middle east and sent a portion of that amount to Bangladesh. In the reign of General Ziar Rahman, on August 11, 1978, using Pakistani Passport the accused returned Bangladesh after the brutal killing incident of father of the nation Bangabandhu Sheikh Mujibur Rahan on August 15, 1975.

3. Background of the Crimes Committed by the Accused

Background of 1971  

3.1. Atrocities that had been done during liberation war, 1971 by Pakistani rulers and their auxiliary force on innocent civil Bangalee people- the background of 1971 is relevant to understand the hidden purpose of these offences. Since the birth of Pakistan Bangalee people i.e. the then people of occupied Bangladesh had been treated with discrimination in all fields such as economic, political, cultural, religious and social fields. That discriminatory treatment led to the inception of liberation war in 1971. Behind these discriminatory treatments, there were three kinds of attitude among the Pakistani rulers:

3.2. Firstly, race-discriminatory attitude among West Pakistani rulers to Bangalee people. Secondly, not to consider East-Pakistani people as ‘real Muslims’. In consequence, they were treated as the spy of enemy country, India and hence a faithless attitude had been developed, and Thirdly, intrinsic envy to the Hindu and secular community and treating them incapable of living in Pakistan that had been created on the basis of religion for the Muslim community.

3.3. The envious attitude that existed among Pakistani rulers and their auxiliary force towards Bangladeshi inhabitants makes clear their intention behind the commission of crime. The historic and political background of the liberation war, 1971 has been mentioned below succinctly :

Emergence of Pakistan 

3.4. After two hundred years of British colonial rule, English rulers had been turned out from this subcontinent by many movements, struggle and sacrifice of the freedom-loving people. That time, two states namely India and Pakistan emerged by two-nation theory on the basis of two religion i.e. Hinduism and Islam. Pakistan was composed of East and West Part. Between two parts, there was 1200 miles distance by land-rout and 2450 square miles by sea-route. East and West Pakistan were separated also in respect of racial, cultural and linguistic aspects.

Economic Discrimination 

3.5. Though Pakistan emerged in order to protect the interest of the people of both East and West Pakistan, in its very beginning, the central power of the Govt. was occupied by a minor group of West Pakistan, the major portion of which were landlord especially the landlords of Panjab. Thus the administrative and political leadership was centralized to West-Pakistan. Since the first day of emergence of Pakistan, East Bengal (East Pakistan) had to be the victim of deprivation from the central ruler-class of West Pakistan. Economic deprivation was one of them. For example: since 1947 to 1956- this eight years, despite having deficit of the amount 237 Crore 14 Lac Taka in the budget of central Govt. of Pakistan, the total amount of expenditure for West Pakistan was 790 Crore 60 Lac Taka; on the other hand, in East Pakistan, the total expenditure was only 42 Crore 66 Lac Taka. That year East Pakistan had contributed to the central revenue 168 crore 14 lac Taka meaning that, that years 125 crore 50 lac Taka were transferred secretly from East Pakistan without any return. It had been shown by estimation in public assembly that, that eight years the people of Bangla had received from central Govt 1 Taka 2 Ana per head on yearly basis and the people of West Pakistan got 32 Taka per head. Almost the whole earning of the central Govt. had been spent for West Pakistan. In addition, the export income of East Pakistan had totally spent in industrial and commercial sectors of West Pakistan. Mountainous discrimination existed in public service employment. In 1956, out of total 42,000 service holders of central government, only 2900 were from East Bengal (East Pakistan) though in low-posts.

Defence counsel Barrister Abdur Razzak entered the courtroom by the meantime and he raised his hand to make his submission. Tribunal chairman Justice Nizamul Huq allowed him to make his submission in between prosecution’s submission and Mr Razzak submitted as under:

“My lord, the matter is proceeding. In my opinion, your lordship is not following your previous precedence. In the case of Delwar Hossain Sayedee, your lordship first heard the application then proceeded with the matter”

In response tribunal chairman Justice Nizamul Huq and Justice AKM Zaheer explained: “You will get time for preparation. You have applied for adjournment on 2 grounds- (a) you have not got some papers, and (b) you need time for getting prepared. We expect you will get the papers by tomorrow and you will automatically get the time as it will take time for prosecution to read out the whole formal charge.”

 Defence counsel M Tazul Islam argued, “We have to be present at the courtroom while prosecution submits their submission even though there are not making any argument in favour of their submission otherwise it would be disrespectful for the prosecution that none from the defence present at the courtroom.”

Justice AKM Zaheer considered it as a valid argument, however, he suggested, “You can ask your junior/assistant to stay here. You may go and start taking preparation.”

Defence counsel Barrister Abdur Razzak asked for clarification, “After my learned friend finished reading the formal charge, we shall get the chance to submit our argument in support of the time petition. The matter is still pending before your lordship, right?”

Justice Nizamul Huq confirmed that and then the defence counsels Barrister Abdur Razzak and M Tajul Islam left the courtroom leaving one junior. Justice Nizamul Huq then asked the chief prosecutor to carry on with his submission.

Political, Racial Discrimination and Conspiracy: 

3.6. West Pakistanis always kept in their mind the attitude of caste-discrimination. Though the state of Pakistan was constituted with East and West region of India where Muslims was majority, except Islam which was the religion of 80% people, everything including their socio-culture, dress, heritage, language, eating habit was totally different. West Pakistan, whose boundary was 3,10,000 square miles, had 178 peoples in every square mile. On the other hand, East Pakistan, whose boundary was 55,000 square miles, had 922 peoples in its each square mile. West Pakistan comprised of people from Panjabi, Beluch, Pathhan and Sindhi whereas 98 percent people of East Pakistan were Bangalee.

3.7. From the very beginning of Pakistan, due to caste-discrimination, no participation of East Pakistani people was allowed in policy making process, though people of this region were comparatively educated and politically conscious. India Governance Act, 1935 was passed as the provisional constitution of Pakistan and according to the provision of this Act, 44 members from East Pakistan were supposed to attend Pakistan Public Assembly. But, in order to shrink the representation and participation of Bangalees in public assembly, the central-power-occupiers had reduced the number to 38. And the number of non-Bangalee members had been increased from 25 to 31. Though out of the total population of Pakistan, 56% people were from East, only 2 of them usually got chance to represent this region in 17-members central cabinet of Pakistan. With the boundless deprivation in the participation of Public Assembly, the circle of central rulers started heinous conspiracy to turn East Pakistan into the colony of West Pakistan. As the part of this conspiracy, in the excuse of protecting solidarity of Pakistan and Muslim Ummah, in 1948 they sidestepped Bangla (which was the language of 56% of the people) and forced people to accept Urdu as the state language of Pakistan which was the language of only 7.3%. Even they undertook project to introduce Bangla in Urdu letters. A controversy was running even before the emergence of Pakistan over the issue that which language will be the state language of Pakistan. After Pakistan had been emerged, due to degradation of relationship between Muslim League and Pakistan central government, East Pakistan Muslim Chhatra League was formed on January 4, 1948 under the some astute students leaders headed by Sheikh Mujibur Rahman. Later on, for the purpose of making the organization as non-communal one, the word ‘Muslim’ had been removed from its name and ‘East Pakistan Chhatra League’ had been termed. In 1948, father of Pakistani Nation Mohammad Ali Zinnah came to East Pakistan for the first time. On 23 March, while delivering speech in racecourse field and on the next day in Karzon Hall of Dhaka University, he declared ‘Urdu’ as the only state language of Pakistan. The student society who were present therein showed their reaction at once. Then the language movement spread out people of Bangla joined with student-society in this movement. In a stage of such nonstop movement, in February 21, 1952, Barkat, Salam, Rafiq, Jabbar were shot to death by the order of the Nurul Amin heading Govt. In the solemn cause of fighting for their language, the Bangalee nation discovered their self-identity through series of continuous self-sacrifice. A lot of questions arose in the their minds regarding their political future. The very fact that came to their mind was that, though Pakistan had been formed on the basis of Banglaee votes, in fact, East Bengal (East Pakistan) had become the colony of West Pakistan nothing else.

Death of Parliamentary Democracy  

3.8. Following the event of death of the first Governor General of Pakistan General Mohammad Ali Jinnah in September 11, 1949 and subsequent murder of Liaquat Ali Khan, the Govt. of Pakistan went under the control of military and non-military bureaucracy. In first eleven years of so-called parliamentary democracy, addition and alteration took place seven times in the post of prime minister. They are- Khaza Nazimuddin (from Khaza family of Dhaka, Urdus peaking, dismissed by Panjabi Governor General), Mohammad Ali from Bogra (unable to speak Bangla, lost his post within few months), Chowdhury Mohammad Ali (introduced the Parity formula and author of first Constitution, resigned from post forcefully), Hossein Shaheed Sohrawardi (being minority member in National Assembly, victimized by President Iskandar Mirza), I I Chundrigar (tenure was only 40 days) and Malik Firoz Khan Noon (dismissed by General Aiyub). The subsequent years were the period of absolute ruling by military. In center and provinces, the anti-Bangalee activities undertaken by Muslim League Govt. made the mass Bangalees furious. The fundamentalists and communal forces engaged themselves passionately with such activities. On June 23, 1949 a political party named Pakistan Muslim Awam League had been formed under the leadership of Mawlana Bhashani and Sheikh Mujib had been elected ‘joint-secretary’ of this party though he was then in prison. Later on the party emerged as non-communal one by removing the word ‘Muslim’ from its name. In March 8, 1954, in the first general election of Pakistan United front headed by Huq-Bhashan-Sahrawardi won absolute majority in East Bengal (East Pakistan). Out of 237 Muslim seats United Front won 221. The Muslim League to whom the people of Bangla voted 97% had been totally refused. This party got only 10 seats. The central Govt. of Pakistan didn’t accept this public support of Bangalee nation in favor of United Front. The United Govt. which was formed on 3rd April, 1954 under the leadership of A. K Fazlul Huq had been cancelled within two months after its formation. In East Pakistan (East Bengal), emergency was declared through the enforcement of section 92A. The rule of governor had been introduced there. Repression and oppression on Banglaees started massively. Fazlul Huq with some members of his cabinet had been imprisoned in home. Within one month thousands of the activists of United Front including 13 members of parliament had been arrested, the office of United Front had been closed. Strict restriction had been imposed on newspapers. Meeting, procession and protest and even the gathering of more than five persons had been banned. Moreover, in addition to military force, almost 40,000 police had been used as the repressing tool of the government. After taking the office of the Governor of East Pakistan (East Bengal), the defence secretary of central Govt. Major General Eskandar Mirza came to Dhaka and announced that, he is even ready to kill 10 thousand Bangalee to protect the indivisibility of Pakistan.

3.9. In the first seven months after the formation of Pakistan, the rulers from Muslim League not only set obstacle on the cultural, social, political and economic activities of Banglaees of East Pakistan (East Bengal), but also continued critically, the process of depriving the people of Bangla in the vast fields of employment, trade and commerce, industry and culture etc. They thought East Pakistan as the ‘Liability’ of West Pakistan. A perception had been pushed into the minds of East Pakistani people that, the Bangalees of East Pakistan were very close to Hindus, and shared similar language and culture. They had great intimacy with Hindus. So, they were not true Muslims. Those who were not true Muslims could not get the equal portion.

Movement for Autonomy 

 3.10. From the perspective of such discriminatory treatment by the central rulers of Pakistan, the complete autonomy had been demanded in East Pakistan (East Bengal). Sheikh Mujibur Rahman brought this demand in front. As a member of Pakistan public assembly, he urged to repeal the single unit, accept 21 points of United Front, regional autonomy, introduce democratic constitution, give the governor general limited power and to introduce parliamentary government. In 1956, at the beginning of January, the draft bill of the Constitution of Pakistan had been rejected by Bangalee leaders. They termed it as ‘the death document of East Bangla’ written down by the central government. In addition to the demand of regional autonomy they also urged to ensure balance in political, economic and commercial fields on the basis of equality. On 29 February, 1956, the draft bill of the Constitution had been laid down before public assembly. The members from Awami-League including Sheikh Mujibur Rahman under the leadership of Hossen Shahid Sahrawardi walked out of the assembly because the draft constitution termed ‘East Bangla’ as ‘East Pakistan, denied the numeric equality in all fields, gave no decision regarding the united election system. On 23rd March of the same year, the proposal of one unit had been added in draft constitution to prevent Bangalee majority in public assembly. Bangalees had been disadvantaged from getting proportionate representation in public assembly that could be ensured by equal representation of West and East Pakistan.

Declaration of Martial Law 

3.11. Bangalees started mass-movement in demand of regional autonomy in order to eliminate mountainous discrimination in the fields of economy, employment, industry, commerce etc. In a stage, on October 7, 1958, repealing the national assembly, provincial assembly and cabinet, the governor general of Pakistan Eskandar Mirza had declared martial law. On 27th October, commander-in-chief of Pakistan Army Field Martial Md. Ayub Khan gained absolute power of Pakistan. By enforcing martial law, democracy of Pakistan had been killed and severe torture had been imposed upon self-independent loving political and democratic people of East Pakistan. At the same time, the steam roller of oppression and deprivation against Bangales took monumental proportions. In March 1, 1962 Ayub Khan made a new constitution in the name of ‘Basic Democracy’ by which martial autocratic ruling system could be settled. Amid the all-pervading mass-movement launched by Bangalees against this autocratic government machinery, on 7th June of the same year the martial law had been withdrawn. In a stage when the mass-movement for the demand of universal voting right and direct election was in motion, a battle had been started between Pakistan and India on 6 September.

3.12. That, during 17-day-long war East Pakistan was totally unprotected. There was no artillery force. Only one mortar battery and two war-plane were there. The policy of Pakistan about defence was that, “Defence of East lies in the West.” In such situation, it had clearly come out to Bangalee people that, in sequence of social, cultural aggression and economic opreession the martial rulers of Pakistan did nothing to improve the security system of East Pakistan. People once again severely felt the apathetic and discriminatory behavior of central Govt. of Pakistan towards this province.

Movement for the right of self-control 

3.13. In this perspective, in February, 1966 Sheikh Mujibur Rahman presented before the nation historical 6-points as ‘the demand to save people of East Pakistan’ and mad an all-pervading mass-movement for its implementation. Sheikh Mujib had revived existence of Bangalee nation in the spirit of Bangalee nationalism based on his 6-points. In spite of staying inside Pakistan state, a sense of separate entity and unique existence had been developed in the realization of Bangalees. Gradually the demand of 6-point had been considered as the ‘charter of emancipation of Bangalee nation’. In the demand of its implementation, movement burst out countrywide in an irresistible velocity. Spontaneous support from every section of people for this movement made the martial rulers thunderstruck. In a convention of Muslim league held on March 20, 1966, in his speech President Ayub Khan urged his supporter to be prepared for civil war in need. The martial rulers planned to stop Bangalees inflicting the torture policy upon them in case the normal process failed. The policy was being brutally implemented upon Sheikh Mujib and Awami League. Bangalee from every section stood against torture.

3.14. Along with the threat of replying the programs of 6-points in the language of weapon, the ruler class of Pakistan had nakedly jumped over the culture and cultural heritage of Bangalee. Decision had been announced to reduce and exclude the broadcasting of Ravindra Song from all public media. Effort had been taken to introduce Bangla in Arabic letters. In such situation, on January 6, 1968 a baseless allegation against the leader of Bangalee Sheikh Mujib had been brought where he was alleged of being engaged with India-supported conspiracy to separate Pakistan. In persuasion of this allegation ‘Agartala Conspiracy Case’ had been filed and he had been planned to be murdered. Bangalees stood against this dangerous conspiracy. In consequence, the Pakistan Govt. had been bound to withdraw the case on the teeth of mass-revolt and release Sheikh Mujibur Rahmand and other accused of this case. As the undisputed leader of Bangalee, Sheikh Mujib had been adorned with the honor ‘Bangabandu’.

3.15. Breaking the hindrance of Agartala Conspircy Case, Sheikh Mujibur Rahman started mobilizing movement in demand of new parliament through the policy “direct election on the basis of population not on the number-equity.” He raised before the nation the demand of setting up federal parliamentary democracy based on “one person, one vote”. Meantime, despite the state of Pakistan situated thousand miles far, by two decades the Bangalee majority of East Pakistan had become the son of step-mother for West Pakistan. Due to unlimited nepotism of West Pakistan, the discriminatory treatment was continuously being increased. By depriving from equal right and equal dignity, they made East Pakistan as their colony. Everything including Armed forces, office-court, economic organization, educational institutes and political powers had been centralized in West Pakistan. In the field of foreign trade, though East Pakistan earned 59% export income of whole Pakistan, it got only 30% as regards import. In each and every field, the discrimination between East and West Pakistan had considerably been increased. Per head the discrimination of income reached to 60%. The ability of West Pakistan to generate electricity had been increased five or six folds in comparison with that of East Pakistan. Where the number of hospital’s seat in West Pakistan was 26,200, in East Pakistan the number was only 6,900; there were 48 Vocational Institutes in West Pakistan, but in East the number was only 18. More than 80% foreign donation of Pakistan was spent in West Pakistan. Due to discriminatory policies, the ratio of education in East Pakistan had been decreased 5 folds, but it had been increased in West 30 folds. Institutions that grew up to carry out research and develop agriculture, medicine, science and industry- out of 16 of those, 13 had been set up in West Pakistan. Grants and scholarships obtained for research and education under Colombo plan, ford foundation, Commonwealth aid was mostly fixed for the learners of West Pakistan. In consequence of treacherous policies of central Govt., the number of schools had been reduced in East Pakistan, though the number of school-going students was being multiplied; on the other hand, in West Pakistan, the number of schools had been increased four and half folds. According to estimation of different sources, since 1948 to 1968- within 20 years, about 2600 crore Taka had secretly been dispatched to West Pakistan. In order to defray the import cost of West Pakistan, the income that East Pakistan earned from its foreign trade had been dispatched shrewdly and this well-designed dispatch had expedited the industrial development of Pakistan. All had been done by relinquishing interest of East Pakistan’s development. Bangalee had been figured only 15% in the employment of West Pakistan Central Govt. and less than 10% in the service of country-defence. In army establishment, almost all were under West Pakistan government. The major portion of defence budget was spent there. In comparison to West Pakistan, the living cost had been increased from 50% to 100 % in East Pakistan. In the eve of Pakistan’s birth, 20 crore Taka had been spent for the development work of Karachi as the capital. Later on, as the provincial capital of East Pakistan, another 20 crore Taka had been spend spent in Islamabad. At the same time, only 2 crore Taka had been spent to prepare Dhaka as the second capital of East Pakistan. 90% members of Pakistan army were from West Pakistan of whom Panjabi had most dominance. In Pakistan army, Bangalee of East Pakistan had been figured only 10% though they were 56% of total population of Pakistan. In military force, Bangalee members were distributed randomly so that, they couldn’t realize their separate existence. In consequence, Pakistan army grew up conspicuously as a West Pakistanj oriented non-Bangalee force. Economic domination, racial oppression and negative mentality of central Govt. to recognize political rights were actually characterized as ‘race-oriented colonial adminstration’.

3.16. In consequence of continuously mountainous discrimination since 1948, the movement of Bangabandu got more velocity. In a stage, President Ayub khan, who introduced the autocratic ruling system based on basic democracy, recognized people-sovereignty on 13 March, 1969 and decided to hold election based on adult voting-right and introduce parliamentary ruling system. On 10 March, he called on a round-table meeting where he entrusted to directly elected representatives the matters like unsolved provincial autonomy and abolishment of single unit.

3.17. Immediately after this announcement, violating his Constitution of 1962, on 25 March, he handed the power over army chief General Aga Mohammad Yahya Kahn instead of Speaker of National Assembly. Next day on 26 March, by suspending the constitution and cancelling the national and provincial assemblies Yahya Khan had enforced martial law. On 28 March, in a speech towards nation, he had promised to hand the power over representatives, hold election on the basis of ‘one person, one vote’ and ensure more autonomy. On March 30, by an order, by cancelling single unit of West Pakistan 4 provinces emerged and federal area had been formed with Islamabad and area ruled by central Govt. On the same date, in main legal framework order, it had been declared to hold election of national assembly in 313 seats including 13 female representatives. On 31 March, declaring himself as the President, he banned all political parties of Pakistan. On April 3, with a view to maintain the administration, President Yahya made up a martial assembly having 3 members and appointed two of his close assistant from army as the governor of two provinces. On August 4, though he formed a non-military cabinet having 8 members, he kept foreign, defence and planning ministries at his own hand. In a speech delivered on November 28, he reassured his promise to set up a constitutional government. Next year on October 5, 1970, he declared the date of general election with the aim of forming national assembly. On January 1, 1970 restrictions imposed on political parties had been withdrawn. Mujib was imprisoned or under close surveillance of intelligence agency.

3.18. In the perspective of declaring the date of election, the demand of autonomy based on historical 6-points and that of constituting sovereign public assembly based on students’ 11-points came before people. Along with the date of election being closer, election campaign in East Pakistan was being strengthen. Centre of attraction of this campaign was Bangabandhu Sheikh Mujib. He had then become Bangalee’s undisputed leader. ‘Upcoming election will be the referendum in question of autonomy on the basis of 6-points’ addressing people to this invitation, he started his election campaign. With a view to ensure the rights of Bangla, during campaign he spoke in peaceful manner that, ‘upcoming ballot battle was his last battle.” Having noticed the stand of East Pakistani Bengali-speaking people for 6-points, central government of Pakistan and Anti-Bangalee clutch tried to wreck the election.

There was change of prosecutor at this stage. Prosecutor Rana Das Gupta came to dais and continued reading out the formal charge which was as under:

General Election, Bangalee’s Victory and denial of West Pakistani Rulers to Deliver Power 

3.19. Despite hundreds of bad effort from opposites, in the election held on December 7, 1970, the majority of people voted for 6-points and Bangalee nationalism. Under the leadership of Bangabandhu Awami-League achieved absolute majority by winning 167 seats of national assembly out of 313. They got mandate to constitute the central government of Pakistan. Out of 300 seats of provincial assembly of East Pakistan, Awami League won 288. Such a result in election made Pakistan Govt., Army and intelligence agencies thunderstruck. They thought that, 50-60 seats would go to Islamic parties lke Muslim League, Jamaat-E-Islami, Nezam-E-Islam party and Pakistan Democratic Party who were financially supported by them. Leaders from these parties made central Govt. understood that, Awami-League would never get majority in East Pakistan. They as well as Pakistan Intelligence Department said that, Awami League would win 80 seats at best. As the conception was proved as failed, it had become very hard for Pakistani martial Govt. and self-seeking persons to accept the domination of Bangalee in central government.

Conspiracy, Invasion Plan and Preparation:

3.20. Conspiracy restarted in new form. The conspiracy was joined by Religiously reactive groups of East Pakistan such as Jamaat-E-Islami, Muslim League (both group of Convention and Council) who opposed the language movement, tried to introduce Bengali in Arabic and Urdu letters and finally in order to demolish the culture and heritage of Bangalee, to pull down Bangalee’s movement for autonomy and self-right, resisted the historical 6-points and students’ 11-points and thereby worked as the accomplice of martial and political alliance of West Pakistan. Above all, they had been rejected by Bangalee in general election. Despite the clear mandate of people, the probability of handing the real power over elected representatives was being faded. In the election of national assembly, Pakistan People’s Party won 88 seats. On December 20, 1970 in a meeting Chief of this party Zulfikar Ali Bhutto said that, in national assembly, his party would not take the seats of opposition party. The more delay occurred in handing power over representatives, the more anger had been arisen among the people against Pakistani rulers. Every now and then, in respect of making a constitution, Bangabandhu expressed his eagerness of taking help from representatives of Pakistan and said, ‘no compromise in regard to policy. Constitution must be written down on the basis of 6-points; no one could resist it.’ Under the pressure of Bangalee’s anger, On March 3, President Yahya Khan called for the session of National Assembly.

3.21. That, on February 3, 1971, in addition to calling for session, the martial rulers had joined with PPP Chief and leaders of reactive parties from Pakistan to design a secret conspiracy. As part of the conspiracy, President Yahya Khan, in the beginning of his 6 years tenure, visited different places of West Pakistan such as Karachi, Lahore, Haidrabad, Vawalpur and so on. In course of his visit in the name of hunting, in mid February, while visiting the village of Bhutto named ‘Larkana’, he met Bhutto in a secret meeting therein, that was held on a boat. The meeting is famous as ‘Larkana Plan’. There had been planned to leave East Pakistan in a situation where no Govt. could work. In that times, newspapers showed anxiety of President’s hunting program. Anthony Mascarenhas, the author of ‘The Rape of Bangladesh’ has mentioned the news as follows: “…….the people at large did not know that the President was after much bigger game.” As part of implementing the plan undertaken in that secret meeting, Major General Omar urged the West Pakistani politicians not to attend national assembly. In his speech ‘to leave East Pakistan was better than to go there.’

3.22. On February 15, PPP chief Mr. Zulfikar Ali Bhutto declared not to join the upcoming national assembly. He threatened that, of elected members who would go Dhaka must be severely punished. Addressing Bangabandhu, Mr. Bhutto said, ‘Idhar ham udhar tum’ meaning that, here I am, there you are. The real fact was that, Bhutto never agreed to play the role of opposition leader in united Pakistan. Replying his speech in the joint session of parliamentary parties of Awami League, Bangabandhu Sheikh Mujib urged every related section to abandon facism and finally to accept the ruling of majority and maintain the unity and solidarity of the country. Nevertheless, in order to destroy the procedure of transferring power, the secret conspiracy was continuously being undertaken. In such political perspective, national leaders of Bangla took firm stand in demand of handing the power over to elected representatives headed by Bangabandhu. All-pervading movement started where people from all sectors like students, farmers, laborers joined. Bangabandhu Mujib was in leadership. By awakening nation-existence of Bangalee with his profound affection and extra-ordinary organizational efficiency, he succeeded to unite the whole nation. In such situation, with a view to annihilate the systemized democratic movement of Bangalee for their autonomy, military and non-military alliances of Pakistan, with the help of their Bangalee accomplices, decided to apply their military force in case of need.

3.23. That, in persuance of this decision, on February 22, 1971, in President House, President Yahya Khan arranged a secret meeting where Governors of each provice and martial law administrators joined. In addition, Assistant Martial Law Administrator General Abdul Hamid Khan and President’s Chief Staff Officer Lieutenant General G. M Pirzada attended the meeting. That meeting decided to implement the ‘Blitz’ plan which was secret plan of military operation over unarmed Bangalees in case of the failure to prevent Bangabandhu from implementing 6-points. Before this meeting, on February 11, 19 and 26, some other secret meeting held between Yahya and Bhutto. As per the planning of ‘Blitz’, 16th Infantry Division from Koeta, Pakista and 19th Division from Khariam had been ordered to be prepared for operation in East Pakistan. According to the plan, between February 27 and March 1, two Infantry Battalions had been brought in Dhaka by air. Since February 1 to March 3, army-loaded 14 ships had been sent from Karachi to East Pakistan by seaway. Thus, by providing army from Pakistan, the process of increasing force started with a view to use them on feeble unarmed Bangalees.

3.24. On March 1, as a part of anti-Bangalee conspiracy, President Yahya declared abruptly the decision to adjourn the session of National Assembly. As Admiral Ahsan didn’t agree to launch military operation on innocent Bangalees, on March 2, he had been dismissed from the office of Governor and Lieutenant General Yakub, one of the designers of ‘Blitz’ plan, had been appointed as the Chief Martial Law Administrator as well as the Governor. Immediately after ascending the seat of Governor he imposed strict restriction upon newspapers, the violation of which had been declared as punishable offence with 10 year imprisonment. Evening Law had been enforced from dawn to dusk.

3.25. The announcement to adjourn the session made Bangalee Nation agitated. The whole Bangla had become the city of procession. The whole Bangalee nation including men, women and children was highly overwrought with emotion for enthusiasm of freedom. The battle for autonomy had rapidly been stepped to that of freedom. All were waiting for the command of Bangabandhu.

3.26. In a stage of mass-movement that arose under the leadership of Bangabandhu Sheikh Mujib to protest adjournment of the session of National Assembly, on March 6, 1971 President Yahya Khan announced again the date for holding National Assembly. Meantime, observing the mysterious activities of military force, Bangalee of East Pakistan started believing firmly that, the proposal of Yahya was nothing but another part of deep conspiracy made by the military force and political leaders who acted as their collaborators. On the night of that day, with a view to conduct military operation over the innocent unarmed Bangalees of East Pakistan, Lieutenant General Takka Khan, who was familiar as ‘the butcher of Beluchistan’ had been appointed as Governor of East Pakistan and Commander of Eastern Command. Taking the office in Dhaka on March 7, he secretly ordered to disarm East Bengal Regiment, East Pakistan Rifles’ battalions and Police forces, to take the control over Chittagong Naval Base and airports of Lalmonirhat and Iswardi.

Invasion and Declaration of Independence 

3.27. In respect of total situation, Bangabandhu Sheikh Mujib delivered, before more than 10 lac people, a speech on historical Ramna racecourse field. In concluding part he said, “….The struggle this time is for emancipation! The struggle this time is for independence! Joy Bangla! (Victory to Bengal!)” A newer part of non-violent, non-cooperative movement started under the leadership of Bangabandhu. 10 points had been declared as new program of movement. Meanwhile, 172 innocent and unarmed Bangalees had been killed and another 358 had been injured under the order of martial law authority. Bangabandhu-leading non-violent, non-cooperative movement was going forward with grave speed. On 10 March, Air Vice Martial Asgar Khan (Retired) said in Karachi Airport, “Govt. should accept the preconditions of Sheikh Mujib and hand the power over him. Because, during last 23 years, the doubts that has been assembled in the minds of Bangalee about the dishonor and oppression of Pakistani rulers, in its consequence, they can never be satisfied even by altering of its tinny part.” On the same day, In another public meeting held in Bindubashini High School field, Tangail, Mawlana Bhashani had, supporting Bangabandhu Sheikh Mujibur Rahman, requested 7-crore Bangalee to abide by his command. On 14 March, at the conclusion of second week of non-violent non-cooperative movement, Mr. Tajuddin Ahmad, General Secretary of Awami League, East Pakistan declared to continue this movement. On the same day, in a statement given in newspaper, Bangabandhu Mujib said, “….. Enthusiasm of Bangalee for freedom can never be stopped. Because, we’re prepared to embrace the death, if it necessitates. Even at the cost of our life, for the sake of the next generations, we would like to secure them so that they can live with due dignity as free men of independent country. Our struggle would continue with newer inspiration unless we arrive at our aim of freedom. I request people for sacrifice and to be prepared to face any force with all you have.” On 14 March PPP Chief Zulfikar Ali Bhutto said in a press conference that, “Majority-based Govt. would not be applicable for Pakistan.” He proposed to hand the power over two majority parties in respect of East and West Pakistan. On the same day, after declaring new program based on 35 point direction, he said, “…. Movement and strike are to be continued.” In order to get the recognition of attaining autonomy, Bangabandhu had chosen the way of non-violent non-cooperative movement as a political weapon.

In such condition of state politics, in order to find out so-called peaceful solution of crisis, on 15 March, Yahya Khan with a group of Generals came to Dhaka to discuss with Bangabandhu. But in the name of discussion they were merely wasting the valuable time. The secret purpose behind killing those time was to prepare themselves for military operation over innocent and unarmed Bangalee. General Abdul Hamid, Lieutenant General Rao Farman Ali, Major General Khadim Hossen Raja were appointed for taking plan in respect of this secret preparation. On 18 March, ‘Operation Search Light’ had been worked out. On 19 March, an attempt by conspirators to disarm a battalion of East Bengal Regiment staying at Joydevpur, Dhaka, had been failed by Bangalee armies. From upper authority of military, an order to surrender arms had been made to Bangalee armies who were in special training, but they ignored the order. A military revolt occurred.

3.28. On 2nd March, a ship of National Shipping Corporation named MV Sowat, abounded by 7 thousand ton modern firearm and artillery equipments, cast its anchor on 16th jetty of Chittagong port and another ship named Ocean and Banc, with 3621 packets filled by same amount of weapons, anchored on 10th jetty. General personnel of Chittagong port along with mass people protested direly not to unload the goods of those ships. In addition to bring arms, almost on every day, a huge number of armies were being gathered in East Pakistan. Artillery brought from West Pakitan were being assembled in different locations of the country. Upper military officers of Pakistan started movement in different garrisons. In Chittagong, the Naval force had also been added more strength.

3.29. In such stage of military preparation, on 21 March, after a secret meeting with President Yahya Khan, Mr. Zulfikar Ali Bhutto, Chairman of Pakistan People’s Party commented by saying, ‘Everything would be all right.’ In fact, it was a signal to stop forever the expectation of Bangalee’s autonomy by the language of weapon. The signal had been pointed by freedom-loving Bangalees. Next day on 22 March, at 15.50 am, riding on a Chevrolet Impearl Motorcar of army, with stringent guard by 3 truck-loaded armies, Mr. Bhutto went from Hotel Intercontinental to President House. At 1.15 pm, shortly after he returned in guard of army conducted by one of the Lieutenant Colonels, President Yahya Khan declared again the adjournment National Assembly session that was to be held on 25 March in Dhaka. On 24 March, Sheikh Mujibur Rahman said, addressing millions of people gathered in front of his house, that, “We’d like peaceful solution, but if anyone doesn’t like it, they will never be able to subjugate us. I hope, no one would try it.” He pronounced cautionary signal against the act of burdening with any decision. At the concluding stage of wasting time in the name of discussion with Sheikh Mujib, Pakistani army had kept on provoking activities over the country including Dhaka, Chittagong, Rajshahi, Jessore, Joydevpur. They, in disguise, took shelter in different places in the houses of non-Bangalees. Taking stand in different points of Soyodpur town, Pakistani army killed, without any provocation, 15 innocent unarmed Bangalees raising the excuse of conflict between native and foreign. Same kind of killing had been committed in Mirpur, Dhaka by Panjab Regiment of Army. When the countrymen and the leaders of Awami-League were yarning to the result of Mujib-Yahya dialogue, in that very moment, giving instruction to General Tikkha Khan of conducting military operation, General Yahya Khan left Dhaka to Karchi on 25 March. Several hours after his departure, in midnight at about 11 pm, following the secret plan of ‘Operation Search Light’, Pakistani army came out Dhaka Cantonment and took stand with tanks in different locations. Military operation started on innocent unarmed sleeping Bangalees and this was continued till 4.30pm of 16 December, 1971 when Pakistani army and their auxiliary force surrendered in the hand of Joint Command formed with freedom force and Indian ally force.

3.30. Next day after starting military operation, in the morning of 26 March, when the army informed him the news of Dhaka conquest, leaving the sofa of meeting room, General Tikka Khan entered into his office-room. He passed a sleepless night. Early in the morning, Brigadier Arbab conveyed Bhutto at airport. In the eve departing Dhaka, Bhutto admired Tikka, Farman and Arbab and congratulated them for their performance. And descending on Karachi airport, he said, “Thanks God. Pakistan has been saved.’

3.31. Immediately after the beginning of military operation, in midnight of 25 March, Bangabandhu Shikh Mujib declared the independence of Bangladesh. He said: “This may be my last message, from today Bangladesh is independent. I call upon the people of Bangladesh wherever you might be and with thatever you have, to resist the army of occupation to the last. Your fight must go on until the last soldier of the Pakistan occupation army is expelled from the soil of Bangladesh and final victory is achieved.”

3.32. Very soon after this declaration at about 1.10am, a battalion of Pakistani Army cordoned his home situated at Dhanmondi. They shot randomly. After a while he had been arrested and brought first in Dhaka Cantonment and later in Pakistan Mianwali prison where he was detained. Keeping Bangabndhu in detention, responding to his very invitation the Bangalee from all classes from the highest to the lowest took part the death-overcoming struggle in protest of aggression of Pakistani attacking force. The liberation war started.

3.33. 10th April, 167 from 169 representatives elected as members of the National Assembly of Pakistan from East Pakistan declared the proclamation of Independence following the essence of the declaration of Independence by Sheikh Mujibur Rahman. By this proclamation, People’s Republic of Bangladesh Government was formed with Skeikh Mujibur Rahman as the President, Syed Nazrul Islam as sub-president and Tazuddin Ahmed a the Prime minister. The main office for the government was established on the South-west free zone, Mujib Nagar. On the course of the struggle against the Pakistani oppressors and their local accomplices, Jamaat-e-Islami, Muslim league, Najam-e-Islami, PDP etc. political parties, leader of the peace committee and their accomplices, killer force Al-Badr, Al-Shams civil Pioneer Force, on their evil plans and actions against the innocent people of the country the final victory was considered at 16th December 1971 by their surrender to the freedom fighters and allied forces at the historical Race course Ground. Independent, sovereign, democratic Bangladesh emerged in the map of globe. The independent, People’s Republic of Bangladesh was achieved by the sacrifices of millions of people, ultimate sacrifices of 3 million martyrs and the fearless fight of the brave soldiers of the country. 

The committed crimes  

4.1 Pakistani Military started the barbaric oppression upon the freedom loving, peaceful people of Bangladesh at 1971, 25th March, December, 1971 from 25th March to 16 December of 1971, the Pakistani military and their accomplices committed various crimes against humanity under sec. 3(2) of the International Crimes (Tribunal) Act, 1973 including murder, extermination, forced conversion, enslavement deportation, imprisonment, abduction, confinement, torture, rape, persecution, firings, looting etc. as well as genocide, war crimes, crimes against peace and other crimes under international law.  

4.2. The hell torture upon the innocent un-armed people of Bangladesh was constantly continued during the nine months of liberation war. The Pakistani Military operated massive genocide on various areas including RajarBagh, Pilkhana, Gagannath Hall (dormitory) of Dhaka University, Iqball Hall, Hindu dominated areas of the old city of Dhaka, Shakari Bazar, Ramna Kali Mandir, etc. at the night of 25th March, 1971. Not only at the Dhaka city, about one thousand un-armed trainee Bengali soldiers were murdered by an armed operation at the East Bengal Regimental Centre at the Chittagong cantonment at that night. At least fifty thousand Bengalis were killed on that one single night. The fires on the houses, commercial places created a terrible situation. This extermination process was started at the name of suppressing the freedom willing people including the intellectuals as well as politicians of Awami League and other progressive political parties. At the beginning of the operation, it was Said in the order for military from general Tikka Khan, “I don’t want people, I want land. “Major General Rao Forman Ali and Brigedier Jahanjeb Arbab followed this order literally at Dhaka. Bengali officer, then Major of Pakstani military’s “Special services Group”, Abu Taher said about the blue print of the Pakistani military to operate the massive genocide.The barbaric purpose of the Millitary Junta was notunknowntous whowere in West Pakistan, when from General Headquarters of the Pakistan Army the message went out: 'Burn everything, kill everyone in sight'  

4.3. More evidences on the massage “Burn everything, kill everyone in sight” from the Pakistani Army’s General head quarters can be found on the "Report of the commission of Inquiry into the events in East Pakistan, 1971" of the International commission of Jurists (ICJ). With a reference to Anthony Mascarenhas, the report says, Mascarenhas has recounted how the West Pakistan army systematically masscred tens of thousands of Bengalis. He described how one Major Iftehar set fire to a row of houses in a Hindu village and ruefully said on the following day, 'I burnt only sixty houses, if it hadn't rained, I would have got the whole bloody lot." These missions were officially known as 'kill and burn missions'. The title is itself sufficient to show that they were a flagrant breach of the Geneva Conventoins.[International Commission of Jurists, Report of Inquiry into the events in East Pakistan, 1971]  

4.4 On a report at the ABC News of USA about the massacres of Pakistani Army at 25th March, journalist Ted Koppel said: 'When the shooting began in Dacca it was after midnight. Almost all of us who had come to East Pakistan to cover the story were in the same hotel. One Japanese reporter was caught at the cable office. Troops brought him to the hotel in the morning and then kept all of us there literally at gunpoint. The film you are seeing now could be shot only from the hotel windows. In terms of covering the story it was a serious limitation. But most of us had been in Dacca for more than a week already and some of the local residents working or staying at the hotel were able to pinpoint the locations of the blossoming smoking clouds. The University where hundreds of student activists lived was hit, so too was the Old City of Dacca a badly run down area packed with supporters of the Awami League. The People, a local newspaper that had run a series of scathing editorial cartoons on West Pakistan leader Ali Bhutto the day before was singled out for special attention. Troops set its offices on fire and then shot into flames as members of the stuff jumped out of the window. Most of the damage appeared to have been done by tanks, recoilless rifle fire and machine guns. There was no accurate way of estimating how many people have died in Dacca, let alone all of East Pakistan. The army moved in without warning but with a precision that indicated that the plans had been drawn up even as peace talks between President Yahya Khan, Shiekh Mujib and Ali Bhutto were underway in Dacca.' [From the evidences, seized, recorded and made by the Investigation Agency of the International Crimes Tribunal (4th Part)]  

4.5. By a same manner, journalist Michael Clayton from BBC said: 'I was in the lobby of the Intercontinental Hotel in Dacca last Thursday night when Pakistani army suddenly hurled down the East Pakistan independence flag outside the hotel and burned it. When I tried to leave by the Hotel front door they pushed me back at gunpoint. The Army clampdown on Dacca had begun. It was ruthless exercise and intimidating the cities virtually unarmed population. Later on Friday from the Hotel we watched tanks rumbling through Dacca's mostly streets. Occasionally a few warning shots were shot to keep people indoors. There had been very little resistance by East Pakistan's independence volunteers. An ordeal by fire was the next place in Army's plan to quell Dacca's resistance to the Central Government. Huge fires were started including the students' hostel and some of the most crowded housing areas. Wrecked marked the spots where the night I had seen troops demand surrender from the local people. Then they fired into the alley and burned down a pro-independent newspaper office. Trucks of ammunition and weapons were driven away by the Pakistani Army after seizing them from East Pakistan Police who'd cooperated with the independence movement. Some East Pakistani officers and soldiers were also disarmed by the West Pakistanis. The Army broadcast curfew warnings and wrenched down independence flags from the shops & houses of Dacca. There were tough penalties for showing the flag after that. Mr. Bhutto, the West Pakistan People's Party leader, was given safe conduct out of the Intercontinental Hotel. He had been attending constitutional talks with the President. The troops wondered if they'd fire at the cameramen & this film was shot by a French team from the hotel windows. It is the only film to have escaped the rigorous searching by the military authority when we were expelled. The President's ambition, he says, is still to transfer power from his army to the people. But, the goal seemed remote as the army ruthlessly established its control and inevitably bred fear amongst the Pakistani community. Even when the curfew was lifted the troops were to prevent gatherings more than five people for the next three days at least. They clearly relished their roles as the masters of East Pakistan. One can't estimate the number of dead so far in East Pakistan but it would be impossible to fire guns for several hours in Dacca and to set on fire so many buildings without causing considerable casualties. it's desperately overcrowded community of people mainly living in shanty houses. The prospects of real resistance by the East Pakistanis is much better outside the towns and if they organize an effective guerilla force in the country the East Pakistanis could in the long run still make it impossible for West Pakistan successfully to continue its domination from its power base on thousand miles away. Micheal Clayton , BBC news, reporting. ' [From the evidences, seized, recorded and made by the Investigation Agency of the International Crimes Tribunal (4th Part)]  

4.6. The Pakistani Army materialized the blue-print mentioned above by the “Operation Searchlight” at 25th March, 1971, from the crackdown to 16th December. ICJ’s report says: 'The army shot, killed & destroyed at sight on the least suspicion, and burnt down village after village, especially those inhabited by Hindus. Mascarenhas reported that he was repeatedly told by senior military officers in Dacca and Comilla, "We are determined to cleanse East Pakistan once and for all, of the third of secession, even if it means killing off two million people and ruling the province as a colony for thirty years." [International Commission of Jurists, Report of Inquiry into the events in East Pakistan, 1971]  

4.7. The ICJ report mentioned some more important opinions including Anthony Mascarenhas about the massacred of the Pakistani army. About the military operation of the Pakistani Army during the liberation war at 1971, Mascarenhas said: 'What struck me was the impression I got, a very hard impression that this was a regular pattern. It wasn't somebody venting his spleen, but he had clear orders to clean up. It was the pattern of killing. You killed first Hindus, you killed everyone of East Pakistan Rifles, the police, or the East Bengal Regiment you found, you killed the students, the male students, if you got a woman student, you probably did something else, the teachers… the teachers are supposed to have been corrupted by the Hindus. It is the pattern that is most frightening. I have seen the partition riots in Delhi in 1947. That was mob frenzy. It was completely different here. This was organized killing, this is what was terrifying about it. It was not being done by mobs. It was a systematic organized thing. [International Commission of Jurists, Report of Inquiry into the events in East Pakistan, 1971]'  

4.8 The Pakistani Army and their local accomplices continued to commit various crimes throughout the country from the 25th March to 16th December, 1971, which were telecast and printed on various news media’s on home and abroad. Such a report was telecast on the CBS news media of USA at the 12th April of 1971. A journalist from CBS, John Sheahan, took an interview of an American citizen, Fritz Blankenship. The interview was featured in the report. It said, 'Q. to Fritz Blankenship: You seemed to have gotten closer to the West Pakistan Army than any other foreigner. Can you tell me anything about the people, the officers, how they think? A. Yeah, as I said before, there were some that were nice, they, the particular Captain on the hill seemed to be fair-minded but they had no qualms about shooting civilians at all. One in particular was a Major Kamal. This man, we sat and talked to him for him about two hours and this guy bragged about what he was going to do when the war was over when it was finished. He made the statement, "Ahh, it's bloody good fun, this war is!" And he was very up in the air and he made statements like, "When this war is over, no Bengali will drive a car, only foreigners & West Pakistanis." They have a club there called Chittagong Club. "No Bengali will be allowed in the Club, no dogs & Bengali allowed in the Club." He told us that at the Police lines, when they had this, there was one point a resistance, it was a pretty good fire fight one particular night and he told us that they lined these survivors up against the wall and shot them and fed the bodies to the dogs because the dogs had not eaten in a month. He also made a statement that, "I am going to have the most beautiful Bengali mistress in Chittagong and all my troops will have one." It was sickening to listen to this man. I'm glad it was dark because I couldn't have gotten by sitting there. I knew my face would have given me away. I was completely disgusted with this guy.' [From the evidences, seized and recorded by the Investigation Agency of the International crimes Tribunal (4th Part)] 

4.9. Another similar news was broadest by the ABC news media of USA at the 19th of August, 1971. ABC journalist, Lou Cioffi stated in the report: 'This is the town of Nalchhada or it used to be the toen of Nalchhada. You won’t find it on any map. It is close to the city of Dacca, a small farm village and its one that has been completely destroyed by the West Pakistan Army. Their main corps seems to be rice and onions. They were considered fortunate because they lived near a railroad but this is what destroyed their village. Several weeks ago, East Pakistani terrorists placed a mine on the railroad bridge nearby. Several military cars were destroyed. No one knows if there were any casualties. But, the villagers in the vicinity say that the West Pakistani army moved away quickly & thoroughly. Nalchhada had to take the blame for the sabotage and the village was systemically wiped out. Informed sources here in East Pakistan tell me that this is now a formal policy of the govt. any act sabotage, any attacks on West Pakistani troops and the villages nearby will be held responsible and destroyed. But it does not seem to be having any effect. There are increasing numbers of guerilla attacks. The West Pakistan govt. has set up road blocks everywhere. Vehicles are searched, papers examined. They even checked the Shampan I had to use to get to Nalchhada. There are seventy thousand men here, West Pakistani troops, but before this is over, they might need a lot more. Lou Cioffi, ABC News, Nalchhada, East Pakistan. [From the evidences, seized, recorded and made by the Investigation Agency of the International Crimes Tribunal (4th Part)]  

4.10. Another similar news was telecast at the 30th November, 1971, by the ABC News media of USA. On the news, ABC journalist, toward Tuckner said: 'We came on this boat to go to elsewhere. But, after we got here we heard stories about incredible atrocities from the people about a place nearby off the stream. The stories sounded incredible. Then I remembered talking to govt. officer the other day. I asked him how many guerillas, how many Mukti Bahini were in the Dacca city. He said three thousand and he smiled and then said they would not be there for very long. Then we got to the village and saw it. The govt. official has kept his words. The Bengalis say the govt. troops came in almost at sunset the night before. They said that the people were Mukti Bahini, guerillas or that they were sympathyzers. The burning and killing must have been something terrible. The people say the soldiers went wild and they chose people at random, men, women, babies, shot in random through the bayonets and began burning everything in sight. Seventy five people had died this way, massacred. This child, the bayonet was run through her. Entire families were wiped out. All the women, the people say, were raped they were killed and their husbands and children were made to watch their degradation before they were killed, too. This man was tortured before he was killed. Then his young son was killed. People were burnt alive. In the rampage, animals, too, were shot in the head. Those who survived those two hours will always remember the screams of the women, the moans of their unarmed men, the wails of their babies, if they were not Mukti Bahiini or guerillas before, they almost certainly will be now. Howard Tuckner, ABC News, at a village outside Dacca, East Pakistan.' [From the evidences, seized, recorded and made by the Investigation Agency of the International Crimes Tribunal (4th Part)]  

4.11. From 25th March to 16 December, 1971 when Pakistani Army was operating various crimes throughout the country, the Jamaat-e-Islami, Razakar Bahini, Peace committee, Al-Badr, Al-Shams, Muzahid Bahini etc. emerged as their accomplices. The forces mentioned above took part in the crimes under sec. 3(2) of the International crimes (Tribunal) Act, with the Pakistani army. Tariq Ali stated in this regard: 'Operation Searchlight was brutal but ineffective. Killing students and intellectuals did not lead to the quick and clear victory sought by the Pakistani army. Once the initial attack was failed, the military with the help of their local accomplices (members of JI) began to kill Hindus – there were 10 million of them in East Pakistan – and burnt their houses. Tens of thousands were exterminated. There were war crimes according to any international law. [Tariq Ali, The Duel – Pakistan on the flight path of American Power, p.83]'  

4.12. The forces mentioned above, worked as the eyes and ears of the Pakistani Army at one stage. They looted the money, voluble properties, cattle etc.; Set fire to the house and commercial places; raped women. These accomplices created terror in the minds of people by kidnapping, murders, tortures etc. and forced millions of people to be deported to India by making Bangladesh a state of terror. Directly taken footage of the deportation were telecast on the ABC, NBC and CBS channel of USA. On such a news at the ABC network, at 11th August, 1971, ABC journalist Lou Cioffi said: 'There are more than seven million refugees now. It will probably reach ten million soon enough. The Indian Govt. in trying to impress the Senator with the urgency of the problem and also with the massive proportions of the relief effort, an effort they cannot handle alone. Probably the most dramatic part of Senator Kennedy's visit to India came when he actually watched several boatloads of refugees crossing from East Pakistan to India. They came in small boats from an area that is controlled by free Pakistan. Lou Cioffi, ABC News, near Calcutta.' [From the evidences’, seized and recorded by the Investigation Agency of the Intl. Crimes Tribunal, (4th Part).  

4.13. Another news on deportation was telecast over the ABC news of the USA at 6th December, 1971. On this report, ABC journalist, Howard K. Smith said: 'Its savage suppression of the East Pakistan who won the country's only free election, poured ten million refugees into India's shaky which is going to break if the refugees do not go home and they will not go home until they are free from West Pakistan. With West Pakistan showing "No give" on this issue, India faced eventual collapse or fight. India, it seems to me, is as right as a nation can be in a quarrel like this.' [From evidences, seized and recorded by the Investigations Agency of the International Crimes Tribunal. (4th Part)  

4.14. People who were staying inside the country at the time of the crimes at 1971 were uprooted from the homes and habitants and were passing their days in a terrorized state.  

4.15. About three million people were mercilessly murdered in the hands of the Pakistani army and the forces led and influenced by the offenders.  About 40,000 women were raped. A British physician, Dr. Malcolm Potts, who was the director of the International Planned parenthood Federation, upon his return to London after establishing an emergency abortion clinic at Dhaka. Starting from the 1st of March, 1972, that the Pakistani army raped thousands of Bangladeshi women during the war. He also stated that the first two victims hospitalized were of 16 years of age or even younger. One other girl informed him that 10 Pakistani soldiers tortured her over one month on a daily basis. [The Daily Azad, March 03, 1972]  

4.16. At the month of December of the 1971. When the Pakistani Army was at the edge of their defeat, they produced a blue plan of killing the intellectual asset of the country to deprive the nation off the possibility to progress intellectually. The ICJ report said in this regard: 'These murders were perpetrated by the members of Al Badr, a Bengali organization which came into being after 25th march, 1971, and which is believed to have been the action section of the JI, the extremist Muslims. Their goal was wipe out all Bengalis who advocated independence and the creation of a secular state. It has been alleged that the Al-Badr raid were directed by a group of Pakistani officers, who were said to have approved the list of those to be assassinated. The Al Badr raids were carried out at night, the victims being led away blindfolded at gun point, never to return. Many were taken to the Dacca College of Physical Education building. A janitor at the College stated "They brought in hundreds of people, all nicely dressed and tied up. We could hear the screaming all the time from the rooms." [International Commission of Jurists, Report of Inquiry into the events in East Pakistan, 1971]'  

4.17. About the crimes committed by the Pakistani Army and their accomplices at 1971 the former VC at the University of Dhaka, Dr. Mozaffar Ahmed says, “Though the number of the people murdered by the Pakistani army is said to be 03 million, the real amount of these is of course more than that... There are no locality, area, village and town in Bangladesh that did not experience the oppression and murders.” [The Daily Azad, February 10, 1972]  

Tribunal chairman Justice Nizamul Huq asked the prosecutor Rana Das Gupta to stop there as it was 4 pm then.

Delwar Hossain Sayedee
Justice Zaheer asked the prosecution whether or not they are going to produce witness in Delwar Hossain Sayedee’s matter on the next day. Prosecutor Haider Ali stood up and confirmed that they are going to produce witness on the next day before the Tribunal. Tribunal chairman Justice Nizamul Huq said that they will take the testimony of the witness first and then the prosecution will continue reading out formal charge against Golam Azam. Prosecutor Haider Ali said, “It would be better to produce the witness before the Tribunal on later part of the day as the witness is outside of Dhaka and he is on his way to Dhaka now.” Tribunal chairman Justice Nizamul Huq rejected that suggestion said, “We shall take the testimony of witness first.”

The hearing was adjourned until next day.