19 Feb 2012: Azam frame charging 2

New Age contempt hearing order: The tribunal first read out its order concerned with its 3 October show cause notice against the New Age editor, its publisher and myself relating to an article which it alleged to be in contempt. The order is set out in a separate post.

Molla documents
In relation to the case against Abdul Quader Molla concerning charge framing, the defence told the tribunal that they had not received the documents. The prosecution said that they were facing difficulties in scanning those documents as all are newspaper print. The chairman said that they should try to do it as soon as possible. The case was then adjourned until 4 March 2012, and the prosecution was directed to give the documents within a week.

Gholam Azam Frame charge application, continuing
Continuing from 15 February, Saiful Islam came to the dais and carried on reading from the formal charge of Gholam Azam

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]  

Offender Allies

4.18 The main culprits behind the crimes mentioned above were the Pakistani Army who were acting at their best to matter the aggressive, discrimination and exterminating laws of West Pakistan. But, it was obvious to have help from the locals to operate a successful military operation at former East Pakistan. The reasons of this obviousness can be mentioned as the differences of the languages, the political biasness of the local people and lack of definite information about the positions of certain individual and the position of the people (in support or opposition of the Pakistani) etc. For these killing, the aggressive Pakistani army was dependent on their local accomplices. Jamaat-e-Islami, ICS, Peace committee, Razakars, Al-Badr, Al-Shams etc. organizations emerged to complete the plans of the Pakistani Army and marched foreword and helped them. It is necessary to mention here that, some of these organizations (such as Jamaat-e-Islami and ICS) existed even before the liberation war and the others were organized after the war was started. These plans of Pakistani army are criminal acts prom the root in fact the voluntary activities of their auxiliary forces are criminal acts, too; which confines them as “criminal organizations”. The aggressive army of the West Pakistan and their accomplices and auxiliary forces that are mentioned above are the offenders 1971.  

The Implicit objectives of the committed crimes  

4.19.1. The main reason and motive behind the nasty criminal acts were the loathing and discrimination attitude of the Pakistani oppress ors towards the people and land of Bangladesh which were forcibly taken over by them over about two decades. In this regard through the reasons and motives behind the criminal activities by the Pakistani army and their auxiliary forces similarities are seen. Moreover, some of motives and reasons originated during the opposition of the forces that were supporting the liberation of Bangladesh. The motives and reasons behind the crimes against humanity, genocides and war crimes committed by the Pakistani army and their auxiliary forces are identified on the context of the liberation war.  

4.19.2. One of the reasons behind the crimes committed by the Pakistani army was to continue the economic oppression upon the former taken-over Bangladesh. This was because this land of the former Pakistan was a huge source of income back then. The income of the former Pakistan, especially West Pakistan was collected mainly from that land. For this reason, the risk of a financial breakdown for the West Pakistan was seen where Bangladesh tried to become economically independent by self c control. This is why the order to bring back the so-called, “Normal state” by L. General. Tikka Khan said, “I don’t want people, land is what I want, “ This speech of him gives the absolute idea away of the financial interest of Pakistani oppressors.  

4.19.3. One other reason behind the aggression of the oppressors of the Pakistan over Bangladesh was the absolute victory of Awami league at the election of 1971, which made the military rulers more aggressive toward the people of this land. As a result it became their main Moto to exterminate the leaders and political workers of the Awami League.  

4.19.4. Another reason behind the criminal acts of the Pakistani rulers and their auxiliary forces was their racial hatred to the Bengali nation. They considered themselves as superiors and treated the Bengalis as their inferiors. They plotted a conspiracy to destroy the nation of Bengali on the basis of this hatred, racial discrimination and superiority complex, in which their auxiliary forces allied, too.  

4.19.5. The narrow religious mental attitude was another reason of the aggression and crimes committed by the Pakistani army and their auxiliary forces. They did not consider the Muslims of this land as real Muslim. They had an attitude that the people of this land, even who were Muslims, Contain a Hindu religious attitude. According to them, the behavior, clothing, language, culture, literature and above all, life-style of the Bengalis was influenced by the Hinduism. So, in order to preserve the parity of the Pakistan and to convert the people of Bangladesh as real Muslims, they committed various nasty crimes. So, in this regard, their aim was to suppress all the non Muslims, specially the Hindus and the ones who were not “real Muslims”. Another supplementary cause of these crimes was to eradicate all the Hindu influence from the land of Bangladesh. For this reason, they encouraged looting the properties of Hindus by saying that those were the “mass properties” Besides, they continued to create a new generation of “real Muslims” by raping and impregnating the Hindu women. So, the Pakistani oppressors and their auxiliary forces committed the crimes in order to achieve their own economic, Political, racial and religious interests.  

4.19.6. One other reason behind crimes of the Pakistani oppressors and their auxiliary forces during the liberation war or 1971 was to crate fear among the hearts of the people, so they leave the path of struggling for the liberation.  

4.19.7. Another reason behind their crimes was to bring back to so-called “normal state” of the country. They committed various crimes to establish this normal state and to protest the secession of Bangladesh. Also, they committed crimes likes’ rape, murder, genocides etc. to achieve their religious and racial interest.  

4.19.8. There were similarities between the motives of the Pakistani oppressors and their auxiliary forces because the motives behind the liberation war were all directly the opposite of the religion of Islam according to the Jamaat-e-Islami. It is mentioned before, that the idealism of the Jamaat-e-Islami is to lead the country according to the rules and regulations of Islam. Naturally this idealism is conflicting with the concepts of democracy, liberal idealism and Bengali nationalism. Similarly, this is why they were against the non-Muslim people, especially the Hindus of Bangladesh. On their opinion, everyone who were against the process to make the Muslims as “real Muslims” were Hindus and supporters of the division of the Awami League and the nation whom they called by various names such as spies of India, Kaffir, conspirators, etc. So, Jamaat-e-Islami thought to fight all these betrayers to save the land of the Muslim and to make the Muslims as “real” ones. At that time, they had the attitude that these acts to establish Islamic order were to be considered as “Sawab”; Even they had the logical to loot the properties of the Hindu saying it was “mass property”. They even justified the raping of Hindu women and forced conversions saying, any acts to convert the Bengali people into “real Muslims” won’t be considered as wrong in the view of Islam. And above all, the Awami League was their main enemy, because, in their opinion, Awami League was conspiring with India to turn the country into Indian state. And they helped the Pakistani army to prevent this. And this is why Jamaat-e-Islami decided to acts the cruelest way to achieve their goals at 1971.  

4.19.9. Also, the Pakistani army and their auxiliary forces were related to various crimes in order to exterminate the intellectual assists of the country and to ensure that the nation won’t ever emerge in the world with intellect and knowledge and so they planned and completed the conspiracy to exterminate the intellectuals. 

The ways by which the victims were selected  

4.20.1. During the liberation war, the Pakistani army and their auxiliary forces such as Jamaat-e-Islami, Peace committee, Razakars, Al-Badr, Al-Shams, etc. selected their victims by some definite conditions. In this regard, Pakistani army and their auxiliary forces followed the same priorities. They would select their victims by religion, gender, political connection, sometimes even age.  

4.20.2. From narrow religious view, they would select the non-Muslims as their victims. Because they had the notion, resulted from their religious view, that the people of this land can’t be trained as “real Muslims” if the non-Muslims and Hindus are not terminated. Also, the people, they did not think were the “real Muslims” were selected as their victims, too.  

4.20.3. Another target of them were the Bengalis. They considered the behavior, culture literature etc. of Bengalis as influenced by Hinduism. So, another way of choosing victims was the Bengali writers, feathers and cultural workers.  

4.20.4. During the liberation war, another point to victimize was the women the women to them. Throughout the war, especially Bengali women experienced waves of rape and sexual assaults. The reasons behind this were on one hand, they had a narrow religious view and on the other hand, they considered it to be legal to consume the women as they were at war. In this case, they considered the women as “mass property” and raped the non-Muslims and non-“real-Muslims” in order to impregnate them with “real Muslims”.  

4.20.5. Another class of victims of these auxiliary forces was the people related to Awami League. They considered Awami League as the enemies of the nation and the spice of India. So they called the people from Awami League as “spice of India”. “Conspirators.” Etc. and encouraged killing then. Above all were the innocent people of Bangladesh and the families of the freedom fighters as well as the young boys whom they thought to be possible freedom fighters.  

4.20.6. Another reason behind these crimes of the Pakistani army and their accomplices was to bring back the so called “normal state” of the country the term “normal state” refers to a state where any movement in support of the liberation of Bangladesh will be successfully suppressed.  

4.20.7. At last, their victim was the intellectual society of Bangladesh. On the eve of the victory, when it was clear that Bangladesh was defeating Pakistani Army, they killed the intellectuals’ assets of the country at 14th December, 1971. 

Then court was adjiourned till 2pm.

After the end of the adjournment, the prosecutor Saidul Islam came to the dais and continued reading out the formal charge:

5. Organizational structure under the control, Influence and Relation of the Offender

5.1. Jamaat-e-Islami

5.1.1. Jamaat-e- Islami is a religion based political party. Maulana Syed Abul-Ala-Maududi (September 25, 1903 – September 22, 1979) established this political party on 26th August, 1941 at Lahore, Pakistan. Later, Jamaat-e-Islami was divided into two parts when the India and Pakistan were divided at 1947. Indian Jamaat-e-Islami added “Hind” at the end of its name. The Pakistani one remained unchanged. In fact, Jamaat-e-Islami progressed as a political party and organization in Pakistan itself. Though, Jamaat-e-Islami did not have any remarkable influence in the national politics, it succeeded in survival.

5.1.2. In March, 1948, Jamaat-e-Islami started to operate within Pakistan by proposing the Islamic rules and regulations. Later, at 30th May, 1950. Maulana Maududi centralized the activities of the party. It is important to mention here that Jamaat-e-Islami remained silent about the political issues like the autocracy of the East Bengal, national language, the numerical equalitarian between the East and West Pakistan and two-roomed general assembly etc.

5.1.3. Being blind to religious communalism, Maulana Maududi proposed anther dangerous work plan at the conference of 31 muslim Priest at Karachi at 18th January, 1953. He demanded that Kadiyani Muslims be declared as non-muslims. At  that conference, 3 new demands were included: 1. Declaring the kadiyanis as non-muslim minority community, 2. Resignation of the Kadiyani minister of foreign affairs, Zafrullah Khan, 3. Removal of the Kadiyanis from every important posts of the state. The extreme communal racism of the party is clearly shown here. Maulana Maududi ignited a communal racism and hatred across the Pakistan in 1953 by writing a book named, “The kadiyani Problem”, and as a result, racial conflicts started to take places and hundreds of Kadiyanis were killed being the victims of this conflict. It is notable here Moulna Maududi and Jamaat-e-Islami mentioned this conflict as the outrage of the people torward the govt.

5.1.4. On the other hand, in East Pakistan, Jamaat-e-Islami hadn’t had at that time no political recognition. In the month of May, 1984, some Rafi Ahmed Indori was sent to East Pakistan to establish the party here. Among the Bangalis, Maulana Abdur Rahim from Barishal, was related to the polities of the party from the beginning. Following the efforts of Rafi and Rahim, the East Pakistan Jamaat-e-Islami consisted of four members only; Maulana Abdur Rahman became the “Aamir” in 1951.

5.1.5. Prof. Ghulam Azam discussed about joining the Jamaat-e-Islami - he had joined the Democratic youth league that was established by Mahmud Ali. But he resigned from the party just after a few months upon knowing about their activities were against religion. Right after this, Ghulam Azam joined the Jamaat-e-Islami and received the post of ‘Muttafiq’ or assistant. At that time, Maulana Abdur Rahim was the amir of the party.

5.1.6. Jamaat-e-Islami opposed the six point movement started by Awami League in 1966. Jamaat-e-Islami took part in the national election at 1970 with mottos to promote the Islamic politics and the unity of Pakistan and to protest against all of the concepts of Bengali nationalism.

5.1.7. Jamaat-e-Islami got four seats in the national election at 1970. Despite spending a huge amount of money, out of all the 200 representatives elected throughout the country, only 4 were from Jamaat-e-Islami. The then amir of the party at East Pakistan, Prof. Ghulam Azam was defeated in a seat in Dhaka city by the difference of more than 80 thousand votes.

5.1.4. Despite knowing the blue print of the Pakistani Army, Jamaat-e-Islami expressed their total support to the concept of united Pakistan. The party directly took parts in the activities to save Pakistan. With Ghulam Azam leading, the Jamaat-e-Islami helped and supported the Pakistani oppressors in saving Pakistan, opposing the fight for liberation, and all other activities against the people and organization that supported the liberation of Bangladesh Jamaat-e-Islami supported the massacred and mass killing by the Pakistani Army. The party played an active role in forming the Al-Badr, Razakars, and Al-Shams. Peace committee, etc. They called the fight for the united Pakistan as the fight for Islam. Besides the party, the president of the ICS, Maulana Motiur Rahman Nizami occupied himself and the organization in fighting against the Bengali people. The unconditional support and help that they gave the Pakistani oppressors was the reason why they succeeded in murdering, destroying and oppressing in such a large scale. Even on the eve of victory in December of 1971, to ensure that Bangladesh won’t be self sufficient Jamaat-e-Islami caused an irreparable damage to the country by murdering the intellectuals.

5.1.9. It becomes clear from the main policies and objectives of the Jamaat-e-Islami that the centre of their idealism is the Islamic Shariah. The first and the foremost ideal of their party was to direct everything according to the ideals of Islam and Prophet Muhammad. The only source of all of their decisions, work plans and directions was the Islamic Idealism. According to the founder of the party, Maulan Maududi democracy and secularism etc. are blasphemy. He wanted the application of Islam in all stages of the state. One of the main objectives of this party was to expand the dawah of Islam throughout the country.

5.1.10. with the religious idealism of hte Jamaat-e-Islami, one other concept was added; the hateful attitude toward the hindus and the non-‘real muslims, that was reflected by the opposite position of them during the liberation war at 1971. At that time, Jamaat-e-Islami considered the idea of a democratic country as an anti Islamic concept. They also thought that the habitants of the East Pakistan or the Bengali people’s behavior were influenced by the idealism of the hinduism and this was the reason Pakistan was being divided and the complete Islamic order over Pakistan could not be established. As a rebelt, the idea of the Jamaat-e-Islami during 1971 to kill the hindus and non-‘real’ muslims (the Bengalies) clarifies the implicit aim of their slogan, “kill the hindus and the Bengalis.”

5.1.11. the main reason behind the Jamaat-e-Islami killing the Bengalism (including hindus, muslims and non muslims) was the absence of the Islamic idealism over the people of this land. Because they thought the language, clothing’s, behavior literature, etc. of the people of Bangladesh were influenced by the hinduism. The main propaganda of Jamaat-e-Islami at that time was to convert the Bengali muslims to “real muslims”. They called the Bengali language as hinduistic language and they thought that the Bengalis would never learn the vrdu, which they considered the language of Allah, if Benglai was declared as the state language. Similarly, they considered the Bengali literature as hinduistic literature because it was greatly influenced by the works of Rabindranath Tagore. Thus Islamic politics, economic ideas, literature and above all Islamic ways of life were impossible to impose upon the people.

5.1.12. the hatred toward the hindus ignited their hatred toward Awami League. Because, they never accepted six-point activities of the Awami League because they never wanted the Pakistan to be divided. For this reason, they considered the Awami League and India as the agents of the International christiqn jews circle’s conspiracy. For all of these reasons the Jamaat-e-Islami aamir, Moulana Maududi requested all the muslims to help them to exterminate the Awami Leage and to help the Pakistani Army. He remarked all the hindues, leftists and none ‘real’ Bengali muslims as the spies of India and requested all the real muslims to come foruanrd and to assist them and the Pakistani army to cancel the conspiracy to divide the Pakistan.

5.1.13. Following such ideas and concepts, Jamaat-e-Islami assisted the Pakistani army to eradicate all the conspiracies of leftists and hindus to divide the Pakistan. Because of this assistance in 1971, Jamaat-e-Islami aamir Ghulam Azam met General Tikka Khan and declared his and this party’s support to the Pakistani Army. Their objective was to justify the barbaric oppressions of the Pakistani army by religious means. So, it can be said that the only reason behind Jamaat-e-Islami opposition against the Bengalis was their narrow religious value.

5.1.14. No sigficant change was made into the organizational structure of the Jamaat-e-Islami from its formation to 1971. This organization is basically consisted of the office of its aamir, central Majlish-e-Shura and the members of it. The most important post of this organizational structure is the ‘aamir’, which is elected by the central Majlish-e-Shura. In this regard, the highest place among all the members of party is the place of aamir. So, an aamir is worthy of the respect and obedience of all the members. In this structure, the places next to aamir’s are shura and secretary General. The second most important place in the organizational structure is the Majlish-e-Shura. This is most important pillar of the organization. It selects all the directions and controls all the activities of the organization. The next place in the structure is the secretariat of Jamaat-e-Islami, which is the office of the secretary General. This office manages the daily activities of the organization.

5.1.15. The structure mentioned above is applicable to any organization of the party at any level. It means, the same structure was present all the stages at village, union, city, district, state and central, the top of which was the central committee and the lowest was the village committee. Ghulam Azam was the aamir of East Pakistan Jamaat-e-Islami, Which was the topmost position of the party. The command PRO of the eastern Pakistani military, Mohammad Siddique Salik mentioned the help from Ghulam Azam during 1971 in his book, “Witness to surrender”. He said, “ These operations were only a partial success because the west Pakistani troops neither knew the faces of the suspects nor they could read the lane numbers (in bengali). They had to depend on the co-operation of the local people. The Bengalis, by and large, still cherished the hope of Mujib's return and assumed an attitude of passive indifference. The only people who came forward were the rightists like Khwaza Khairuddin of the Council Muslim League, Fazlul Qader Chaudhury of the Convention.” The discussion about the offender is mentioned in the speeches of the Pakistani Army commando force officer, lieutenant colonel (Retd.) Nadir Ali. He says- “Ghulam Azam, Fazlul Qader Chowdhury, Maulana Farid Ahmed, etc. and many other politicians of Jamaat-e-Islami used to meet me very often and presented various plans to conduct operations upon members of Awami League as well as the hindus and directed that those plans should be materialized immediately..... Pakistani army their auxiliary forces received such orders very often. Similar directions came to me also.”

Idealism and conflicting Idealism

5.1.16. there was some objectives and aims behind the liberation war of Bangladesh, which were the main reasons of the war. This mass idealism of the Bengali people became the main antagonist for the Jamaat-e-Islami. Because, all the ideals behind the liberation war, were, to the Jamaat-e-Islami, anti-Islamic. It has been mentioned before that the idealism of the Jamaat-e-Islami was to direct and rule the country according to Islamic idealism and to impose and ensure the application of the Islamic life style into every phases of the country. So, naturally, the idealism of a democratic, secular, and Bengali nationalism became conflicting with their ideas. Similarly, they opposed  the hindu people of the country only because of this narrow religious point of view. In their opinion, people of this land became an obstacle in the process of converting the people into ‘real’ Muslims and for this reason they called all the hindu people supporters of Awami League and all those who supported the liberation of Bangladesh as spies, conspirators, quires, etc. So, Jamaat-e-Islami believes that to establish a real muslim country. Where everyone will be real muslims; it is important to exterminate the non-muslim, hindu people and their culture from the country. They spread the idea that joining this struggle to establish Islam was work of a great virtue. They even justified looting the properties of hindu people saying that these were the mass “Properties” they also thought that raping and impregnating the women to create a generation of “real Muslims” is not wrong from the Islamic view point. Above all, Awami League became their arch enemy because, as their opinion, Awami League was conspiring to make Bangladesh a non-Muslim country and as a part of India. In order to protest this conspiracy, they assisted the Pakistani army to exterminate the innocent, un-armed supporters and workers of Awami League. So, the Jamaat-e-Islami took various nasty and cruel steps to succeed this plan, which have been mentioned curlier.

Jamaat-e-Islami and 1971

5.1.17. It has been mentioned earlier that Jamaat-e-Islami declared jihad against their enemies to establish the Islamic order. In this case, their enemies were the Hindu people, Awami league, & those who were not real Muslims in their opinion, whom they called qafirs, spies of India, conspirators, etc. They have committed various nasty crimes in the name of fighting against the so-called enemies of Islam. They organized many organizations to assist them and their accomplices in their crimes. These auxiliary forces assisted the Pakistani army in various crimes like rape, loot etc. They also helped the army to operate genocides in towns & villages as well as encouraging the crimes, complicity, conspiracy, etc. Not only they assisted, they even led various criminal acts & thus should be liable for the genocides & many other crimes against humanity. Also, they were directly connected to various criminal acts of the sister organizations of the party. Thus, Jamaat-e-Islami was actively related to various crimes against humanity during 1971.

5.1.18 There is more information about the Jamaat-e-Islami in the evidences seized & collected by the Investigation Agency of International Crimes Tribunal, Part 01 to 10.

5.2 Islami Chhatro Songho 

5.2.1 Islami Jamaat-e-Talaba was formed at 23rd December, 1947 at Lahore. It was related to Maulana Maududi by the means of idealism. This organization started to be active in East Pakistan as Islamic Chhatro Songho (ICS) in 1950. So, the students' organization of the offender, Jamaat-e-Islami, during 1971, was the ICS. During 1971, Al-Badr, Al-Shams, etc. were made of mainly the members of this organization. It can be mentioned here that all these organizations, the ICS, Al-Badr, Al-Shams, etc. were the auxiliary forces of the Pakistani army. [Lt. Gen. A.A.K. Niazi, The Betrayal of East Pakistan, p. 78; The Daily Sangram, November 4th, 1971]

A notice of the ICS was published on the Daily Sangram on 8th July, 1971, that stated that Ali Ahsan Mujahid had been selected as the general secretary of the ICS. Motiur Rahman Nijami was the president of the ICS during 1971. [Evidences, seized & collected by the Investigation Agency of International Crimes Tribunal, Part 02]

5.2.2 The relation between the ICS & Al-Badr was published at the news reports on the dailies during 1971. The 12th September's report of the Daily Sangram said that, at 11th September, the offender told the members of the ICS about the formation of Al-Badr on the "Kayed-e-Azam memorial exhibition", "Just like the time of the Pakistan movement, today we need more new workforces to save Pakistan." Indicating the ICS, the offender expressed hope that this work force will be able to make Pakistan permanent forever. [The Daily Sangram, September 12th, 1971]

5.2.3. The fact that ICS played the important part behind the formation of Al-Badr was clearly stated in the "Fortnightly Report on Political Situation, 1971 from Special Branch, East Pakistan, Dacca". This report stated about the "Activities of Islami Chhatro Sangha (ICS)": '21. On 17-10-71, a Conference  of Pakistan ICS, Rangpur Branch was held in Rangpur town with A.T.M. Azharul Islam (ICS) in chair. Amongst others, Ali Ahsan Mohammad Mujahid, acting President EPICS addressed the Conference explaining the present situation and urging the party workers to mobalise the youths of Islamic spirit and launch strong movement against anti-Islamic activities. He also urged them to form Al-Badr forces at different levels for defending the country from internal and external attack. 22. The same day (17.10.71), a workers' conference of ICS, Rangpur town was also held there wherein Ali Hasan Md. Mujahid spoke on the above line and asked the party workers to ensure that no person of un-Islamic attitude gets access in the Al-Badr Bahini. [Evidences, seized & collected by the Investigation Agency of International Crimes Tribunal, Part 02]

5.2.4. Another similar report says:  'The Al-Badr Day was observed on 7.11.71 in Dacca and some other places of province by JI and ICS workers through meetings, precisions, etc. inter alia, condemning the aggressive attitude of Hindusthan towards Pakistan and making an appeal to the people to enrol themselves in the Al-Badr force and fight against the enemies and Indian infiltrators to safegusrd the integrity and solidarity of Pakistan. [Evidences, seized & collected by the Investigation Agency of International Crimes Tribunal, Part 02]

5.2.5. Reports of 'East Pakistan Police Abstract of Intelligence' provide direct evidences that mostly the members of the ICS joined Al-Badr Bahini. Such a report says,

1065. Sylhet. – On 15th September, 1971 between 16.00 hours and 18.00 hours, a meeting of the workers of the ICS, Sylhet was held at Sarada Hall, Sylhet town where members of the ICS delivered speeches urging upon the workers to work for the integrity of Pakistan and to join, in large number, the training course imparted by the Pakistani Army. These workers, after the training, will be known as Al-Badr Bahini and their duty will be to watch and check the activities of the rebels. [Evidences, seized & collected by the Investigation Agency of International Crimes Tribunal, Part 02]

5.2.6. Proofs showing that the work plans and aims of the ICS and Al-Badr Bahini can be found on the reports of 'East Pakistan Abstract of Intelligence'. It is said there: '810. Mymensingh. – At the instance of Islami Chhatro Sangha and Al-Badr Party, Mymensingh, a reception meeting (200) of the SSC Examinees was held on 26th July, 1971 at Pakistan Art Council Hall, Mymensingh town Hall with Akhtaruzzaman, President City ICS, Mymensingh, in the chair. In the course of speeches, the speakers welcomed and praised the examinees who appeared at the examinations in spite of the threatening and other hindrances. They appealed to the students to remain alert about the activities of the miscreants.' [Evidences, seized & collected by the Investigation Agency of International Crimes Tribunal, Part 02]

5.2.7. 'Fortnightly Report on Political Situation, 1971 from Special Branch, East Pakistan, Dacca' clearly shows the attitude of the ICS toward the criminal activities of the Pakistan Army. It is said there: '18. In a meeting (1000) of Islami Chhatro Sangha (ICS) held on 14.6.71 at Jamalpur, Matiur Rahman Nizami, President, All Pakistan ICS and others delivered speeches in course of which they condemned Awami League and praised the Pakistan Army for its timely action. They advised the people to follow the principles of Islam and cooperate with the Army.' [Evidences, seized & collected by the Investigation Agency of International Crimes Tribunal, Part 02]

5.2.8. Further information about Islami Chhatra Shongho (Islamist Students’ Society) can be found in the 1st-10th volume of the “Seizure List and Documentary Proofs” of the investigation agency of the International War Crimes Tribunal.

There was a change of Prosecutor at this stage. Prosecutor Sultan Mahmud came to the dais and continued reading out the formal charge:

5.3 Peace Committee

5.3.1. Peace Committee was a ‘criminal organization’ which had acted as an opposition power against the liberation war during 1971 and which was formed in the consequence of Operation Searchlight and it was formed on the basis of the conspiracy plotted by the Pakistani rulers and their associates.

History of Formation:

5.3.2. Immediately after the primary phase of ‘Operation Searchlight’ on the date 04/04/1971, a team of 12 representatives under the leadership of Nurul Amin, the President of Pakistan Democratic Party met with Lt. Gen. Tikka Khan, martial law administrator of ‘B’ region and the formation of a ‘citizen committee’ was proposed by this interview. A distinguished member of this team was Ghulam Azom, the Emir of Jamaat E Islami. It has been said in the report of the Daily Azad, the Daily Purbodesh and the Daily Pakistan that: 'Beside Mr. Nurul Amin, Khaja Khoeruddin, Mr. Ghulam Azam, Mr. Shofikul Islam, Maolana Nurujjaman and Moulovi Fariduddin Ahmod were involved with this team. The team proposed a citizen committee to the martial law administrator for the revival of the normal situation and for the removal of unnecessary fear and anxiety from the mind of the people.'

5.3.3. After the meeting of 4th April, on 06/04/1971, some political leaders of Pakistan met with Tikka Khan separately to form the Peace Committee. The news of this meeting was published in the Daily Shongram, the Daily Azad, the Daily Purbodesh and in the Daily Pakistan. It was said in this report that- The former minister of the foreign affairs Mr. Hamidul Huq Chowdhury, Provincial President of Jamaat E Islami Ghulam Azom, President of the Provincial branch of Jomaet Ulama E Islam Pir Musinuddin Ahmod and a distinguished lawyer advocate Mr. A K Sadi met with Tikka Khan separately.

5.3.4. In this interview they gave full assurance to support them for bringing back the normal situation in the country. The used the term ‘normal situation’ in this sense: in this ‘normal situation’ Pakistani army will suppress the liberation wanting Bengalese by any cost with the help of auxiliary force like Peace Committee (later Razakar, Al Badr, Al Shams and Mujahid force were formed who provided support to the army).

5.3.5. As a result of the above mentioned meeting, immediate after the operation search light by Pakistani army the ‘Citizen Peace Committee’ comprising of 140 members were formed on the date 09/04/1971 and reports regarding this issue were published in the Daily Azad, the Daily Purbodesh, the Daily Pakistan on the date 11/04/1971 and in the Daily Poigum on the date 12/04/1971. According to these reports this civilian peace committee was formed to create an environment for the revival of the normal situation in the city. Khaja Khoeruddin was elected as the convener of the committee. In the report it is said that the Peace Committee will have a central committee and under this central committee all other committees in union and local level will be formed. This ‘Citizen Peace Committee’ will form the other committees in sub district and union level and those committees will act according to the instruction of the central committee. Accused Ghulam Azam was one of the 140 members of this committee. It is mentionable that he was the 3rd member of the 140 members which indicates his leading position in the committee.

5.3.6. According to the reports of the date 17/04/1971 of the Daily Azad, the Daily Purbodesh and the Daily Pakistan, the meeting of ‘Dhaka Citizen Peace Committee’ was taken place on 15/04/1971. In that meeting the name of the committee was changed to East Pakistan Central Peace Committee to conduct its activities in the whole country. According to this report this committee was empowered to recruit new members and as a result the committee decided to establish new units in district and sub district level. Besides this on 15/04/1971 the committee formed an executive board comprising of 21 members. In this executive board Ghulam Ajom was one of the high ranking four members. Consequently a sub committee of six members was formed to monitor the daily activities of the committee in which the accused Ghulam Azam was in second position. According to the report of the Daily Azad and the Daily Shongram, in the meeting of 18/05/1971 a proposal was made to change the name of the committee to ‘Peace and Solidarity Committee’ from ‘Peace Committee’ and in this meeting Ghulam Ajom was present with many others.

Goals and Objectives of the Peace Committee:

5.3.7. The main objective of the Peace Committee was to help Pakistani army in their heinous activities to protect the integrity of Pakistan. This intention became clear from the meeting of the leaders of this committee with Lt. Gen. Tikka Khan because they appreciated the operation search light and expressed unity with the rulers of the Pakistan. They gave assurance to the martial law administrator to help to bring back the normal situation. Their intention can be clearly understood by the reports of the Daily Azad, the Daily Pakistan and the Daily Purbodesh published on 06/04/1971. It is said that: The leaders gave proposal to the martial law administrator to form the Citizen Peace Committee in Dhaka for the revival of normal and peaceful situation and for the removal of baseless anxiety and fear among the common people. They had given full assurance of help to the martial law administrator to bring back the normal situation.

5.3.8. To achieve the goal of the Peace Committee they said, “they will not provide any shelter to the criminals, rebels and anti socials and they will help to send news of them to the martial law authorities”. It became clear from their slogan of 13/04/1971 that what they had meant of ‘criminals, rebels and anti socials’ which was published in the Daily Azad, the Daily Pakistan and the Daily Poigum on 14/04/1971. The slogan was: 'No more spying for the Indians, Beware the treacherous, no more struggle, peace, peace and peace, source of Pakistan- La Ilaha Illallah (there is no other god but Allah), long live the Pakistani army, long l live Kaede Ajom, long live Yahia Khan, Death to Indira Gandhi, long Live Tikka Khan, Allah is gracious, destroy the Hindustan.'

5.3.9. Again it was published in the Daily Pakistan and the Daily Shongram on 18/05/1971 that in the meeting of Peace Committee on 17/05/1971 it was said that Awami League and other liberation supporting forces were involved in the rebellious activities. Therefore clear idea can be obtained about their goals and objectives from their meetings, statements and processions. Similarly, it is also clear that their goal was not only to protect the unity of Pakistan but they had also a strong communal and religion based principle.

5.3.10. The activities of Peace Committee became clear from the decision made in the meeting of Action Committee for the protection of the unity of Pakistan, a branch organization of Mohammodpur Peace Committee which was taken place on 9th August, 1971. The decisions were:

1. Urdu will be the only state language of Pakistan and it will be made compulsory in schools. Removal of Bengali sign board, number plate and names. Roman letters will be used in the place of Sanskrit influenced Bengali letters.

2. The infidel poet Kaji Najrul Islam has sons with Hindu name. Therefore his writings will be banned and the Hindu influenced parts of Bengali literature and culture will be diminished.

3. 50% of the radio and television programs of East Pakistan will be spent for the Urdu programs.

No man against Pakistan will be allowed in our holy and. (For example, pro Jewish, enemy of Islam, Edward Kennedy).

4. The Bengali government officials, intellectuals and businessmen will be under 24 hours surveillance as they have sympathy for Bangladesh.( Later they will be tried in Court Martial and killed).

5. For the sake of national interest the Bengali officers will be removed from the higher ranks.

6. The Hindu properties will be confiscated to manage the salary for the Razakar forces and Peace Committee.

7. The fund for the cyclone affected will be used for the relief for the pure Urdu West Pakistanis who have been harmed by the separatists.

The Committed Crimes:

5.3.11. Peace Committee has helped Pakistani army in committing anti humanistic crimes, war crimes, genocide and other crimes under the International laws which are defined by the section 3(2) of the International Crimes (Tribunal) Act, 1973.

5.2.12. Peace Committee started their activities by conducting meeting, processions and by helping militant activities. To support these activities committees in district, sub district and union levels were formed under their instruction with great speed. Besides this Peace Committee played an important role to form the Razakar force to support the Pakistani army as an auxiliary force. They spread fear threat by creating religious fanaticism to achieve the appreciation of the military government. The leaders of Peace Committee instigated their workers to commit crimes under the cover of protecting the integrity of Pakistan and defending the spies and agents of India. The members of Peace Committee told people in different meetings and processions to provide all kinds of support in wiping out the liberation loving Bengalese, according to their language the ‘criminals’. [Seizure List and Documentary Proof (3rd Volume), prepared by the investigation agency of International Crimes Tribunal]

5.3.13. After the formation on 1971, during the liberation war it has committed many crimes as the auxiliary force of the army. The proof of those activities is found in a conversation between Henry A. Kissinger and Maurice Williams taken place in the meeting of Washington Special Actions Group on 8th September, 1971. The part of the conversation is: 'Dr. Kissinger: Are the infiltrators mostly Hindu? Mr. Williams: Not necessarily. But the Urdu and the Orthodox Moslems are more loyal to the Pakistani government. They are being armed at the village level through what they call Peace Committees. They are the least experienced in leadership but are considered the most reliable by the central government. These elements tend to be anti- Hindu, and this has generated fear and continued flight on the part of the Hindus.' [Lois J. Smith and Edward C. Keefer (Ed.), Foreign Relations of the United States, 1969-1976 (Volume XI) South Asia Crisis, 1971, p.396]

5.3.14. In different newspapers of 1971 many reports were published regarding the close relationships between high ranking officers of Pakistani army and the leaders of Peace Committee. For example, on 4th November, 1971 a report was published in the Daily Sangram that the chief of the Eastern Command of Pakistani Army, Lt. Gen. A A K Niaji has delivered a speech to the members of Peace Committee. In the speech Niaji appreciated the effort of the inhabitants of Rongpur for the protection of the solidarity of Pakistan and he mentioned the the contribution of Razakar.It is also said in that report that the local commander informed Niaji that the Razakar force, Al Badr, Al Shams and other organizations were launching expeditions separately and jointly with the army.

5.3.15. Afterward, governor of East Pakistan and the martial law administrator of the region ‘B’, Lt. Gen Tikka Khan delivered a speech to the members and workers of Peace Committee at Rongpur on 11th August, 1971. He also said that the Razakar forces were working appreciably to protect the bridges and culverts from the attack of the criminals. [Daily Azad, 12TH August,1971]

5.3.16. The proof of the close relationship between Pakistani army and the Peace Committee can be found in the reports of different newspapers of 1971. [Seizure List and Documentary Proof (3rd Volume), prepared by the investigation agency of International Crimes Tribunal]

5.3.17. The news of Peace Committee about helping Pakistani soldiers were published in different newspapers. For example an article was published in the Daily Sangram on 13/06/1971 under the heading ‘Duty and responsibility of Peace Committee’. It was written in the article: 'This activity of the criminal should be faced with bravery and jihadist mentality. Our army is always ready to do that. We should eliminate the criminals by maintaining proper connection with the army. The criminals will harass the innocent people continuously until each and every Moslem will realize that the balance of power has to be maintained by power. Therefore we should establish armed village defense force under Peace Committee with the permission of military authority to quell the criminals, the so called guerillas in their own guerilla style.'

5.3.18. On 14th August, 1971 in meeting arranged in the Curzon Hall of Dhaka University, the leader of central Peace Committee the accused Ghulam Azam said, “ Peace Committee is playing an important role to protect the country from the separatists.” He gave importance to maintain proper liaison with the army. Beside it the accused also said that it was very important to find out the enemy by searching house to house. [Daily Pakistan, 16th August, 1971]

5.3.19 It is indubitably clear that the Peace Committee was formed to help the army and the objective of that army was to acquire the land of Bangladesh which can be clearly realized from this order of Lt. Gen. Tikka Khan, “I want land not the inhabitants.” Therefore it is very clear that by helping Pakistani army the Peace Committee had taken part in mass killing in Bangladesh. So beside helping Pakistani army they also have committed anti humanistic crimes, genocide, war crimes and other crimes by the International laws which are defined by the section 3(2) of the International Crimes (Tribunal) Act, 1973.

Connection of Peace Committee with Rajakr and Jamaat E Islami:

5.3.20. It can be understood from the organogram, activities and recruitment process that Peace Committee had a strong relationship with Jamaat E Islami. The design of Peace Committee was mainly adopted by the leaders of Jamaat E Islami. The accused Ghulam Ajom was one of the founder of Peace Committee and at that time he was the emir of Jamaat E Islami. Even many members of the Peace Committee were recruited among the members of Jamaat E Islami. Beside it the activities of Peace Committee were maintained by making balance with the activities of Jamaat E Islami. It can be clear from the under mentioned report that the Peace Committee and Jamaat E Islami had close ties: 'To help control of Bengali Population, the army has been setting up a network of peace committees superimposed upon the normal civil administration, which the army cannot fully rely upon. Peace Committee members are drawn from East Pakistan’s non Bengali minority (called Biharis) and from the member-ship of small, conservative religious political parties like the Moslem League and the Jamaat E Isalmi. The Peace Committees serve as the agent for the army, informing on the civil administration as well as on the general populace. They are also in charge of confiscating and redistribution of shops and lands from enemies of the People like Hindus and pro independence Bengalis. The Peace Committees also recruit razikar [sic] or armed vigilantes. Many of them are common criminals who have thrown their lot with the army. “Biharis, Bengali opportunists, louts and thugs”- that’s the capsule definition offered by one diplomat. [Peter R. Kann, A Nation Divided, The Wall Street Journal, July 27, 1971]

5.3.21. Like Jamat E Islami the Peace Committee had a close tie with the Razakar force. Peace Committee played a significant role in recruitment process of Razakar force. The proof of this claim is found in different government documents of 1971. The under mentioned statement is found in a document of ‘Government of East Pakistan, Office of the Sub Divisional Officer, Netrokona, dated 25th May, 1971: 'In every union council there shall be a party of 30 Razakars. These 30 Razakars are to be recruited by the local Chairman of Union Councils after the consultation with the Convener of the Union Peace Committees where there are already Union Committees. [ Seizure List and Documentary Proof (4th Volume) prepared by the Investigation Agency of the International Crimes Tribunal]'

5.3.22. Further information regarding the Peace Committee can be found in the ‘Seizure List and Documentary Proof (1st-10th Volume) made by the Investigation Agency of the International Crimes Tribunal.

5.4. Razakar Force

5.4.1. Razakar force was formed on 1971 as an auxiliary force of Pakistani army. Though the Urdu word ‘Razakar’ means volunteer, in context of Bangladesh the Rajakrs were against the pro independence Bengalese. So in context of Bangladesh the Rajakers were considered as fifth columnists. In a book named ‘Al Badr’ the explanation of the activities of Razakar force is stated as: 'This Razakar force was jointly deployed with the police to maintain peace, to defend the infiltrators and to protect the key point installations and bridges.' [Selim Monsoor Khaled, Al Badr ( Al Badr Publications, 1986 (1st Part)]

Again according to the statement of a Pakistani officer: 'The Razakars…. Should be specifically helpful as members of rural communities, who can identify guerillas (freedom fighters)' [New York Times, July 30, 1971]

So it is clear that the Razakar force was formed to provide armed support to the Pakistani army in committing crimes.

Goals and Objectives of Razakar force

5.4.2. Actually the Razakar force was formed to help Pakistani army in committing crimes. The accused Ghulam Ajom said to the Daily Pakistan: 'The goals and objectives of Jomaet E Islami had coincided with the goals and objectives of the Peace Committee and Rajkar which was to Keep Pakistan integrated.' (Daily Pakistan, 26th September, 1971)

5.4.3. So it can be said that the narrow religious value of Jamaat E Islami is applicable for the Razakar force. The religious ideology and aim of the Razakar can be clear from another statement of the accused. In that statement he said: 'The workers of Jamaat will of course get admitted in Rajakr. Because they know that ‘Bangladesh’ cannot be the place for Muslim and Islam'. [Daily Sangram, 19th September, 1971]

That meant it is clear that the goal of Razakar was to protect Islam by suppressing the liberation struggle for Bangladesh and to protect the integrity of Pakistan.

5.4.4. Another objectives of Razakar force was to quell the so called ‘insurgents’ and ‘rebels’. According to General Niaji, “The responsibility of Razakar is to identify all Indian elements and destroy them and to bring back the strayed young men to righteous way.” (Daily Pakistan, November 28, 1971)

5.4.5. Similarly, the goals and objectives of Razakar force can be clearly understood from their activities which were to kill the innocent Bengalese, to rape women and to help in raping women, to torture the innocent people etc. From the victim selection process of Razakar force it is clear that their intention was to suppress the Bengali, Hindu, non Muslim population and pro independence Bengalese. 

History of the Formation of Razakar Force:

5.4.6. Regarding the structure of Razakar force and its pro Pakistan principle it is found the book named ‘Sun set at Midday’: ……To face the situation Razakar force, consisting of Pro Pakistan elements was formed. This was the first experiment in East Pakistan, which was a successful experiment. Following this strategy Razakar force was being organized throughout East Pakistan. [Mohiuddin Chowdhury, Sun Set at Midday, p.97]

5.4.7. On May, 1971 Maolana A K M Eusuf, a leader of Jamaat e Islami first formed the Razakar force by recruiting 96 workers of Jamaat in the Anser camp situated at Khanjahan Ali road in Khulna. Gradually Razakar force was formed in other parts of the country. The Razakar force was primarily deployed to ensure the free movement of Pakistani army, to watch the position and movement of freedom fighters etc.

5.4.8. Later, on 28th May, 1971 Lt. Gen. Tikka Khan signed the East Pakistan Razakars Ordinance 1971 which came to in effect from 2nd August, 1971. By this ordinance the Razakar force got legal provision by cancelling the ‘Ansar Act’ of 1948. So by this ordinance the Razakar force was given all the properties, capitols, records and bonds of Ansar by removing Ansar force. Another ordinance was announced on 7th September, 1971 and by this ordinance the Razakar force was brought under the direct control of Pakistani army.

5.4.9. The adjutants of Ansar force were appointed as the adjutant of Razakar force. The officers of Ansar were appointed as the officers of Razakar force. It was mentioned that all able people of East Pakistan will get admission in Razakar force after receiving proper weapon training. Beside it the pro Pakistani people, the members of Jamaat and Peace Committee were appointed as Razakars.

5.4.10. The training of Razakars was done under the supervision of Pakistani army. The training was taken place in many areas of the country and in Dhaka it was taken place in the field adjacent to the Arts Building of Dhaka University and in the field of Mohammodpur Physical Training Institute. The period of training was 1 two weeks. After the training they were given a 303 rifle.

5.4.11. General A A K Niaji, commander of the eastern command of Pakistani army said about the formation of Razakar force: 'The proposal for raising an organaized Razakar force remained under consideration with HQ CMLA and GHQ for a long time. Although their recruitment started earlier, sanction for the raising of this force was given at the end of August, 1971. A separate Razakar Directorate was established, and the whole set-up started taking proper shape. Two separate wings called Al- Badr and Al- Shams were organized.' [Lt.- Gen. A A K Niaji, The Betrayal of East Pakistan p.78]

Crimes Committed by Razakar force:

5.4.12. As an auxiliary force of Pakistani army the Razakar force was involved in committing crimes against humanity, war crimes, genocide and other crimes by the international law which are defined by the section 3(2) of the International Crimes (Tribunals) Act, 1973. The task of Razakar is mentioned in a government record of 1971 named ‘ Government of East Pakistan, Home (Police and Ansars) Department Section-III. It is said that the responsibility of Razakars was also to arrest and apprehend the ‘miscreants’ and ‘rebels’. The statement is given as it is: 'The Razakars will assist police and law enforcing agencies in maintenance [sic] of law and order in their own areas. They may be called upon to augment police thanas when considered necessary and to arrest and apprehend rebels and miscrients. They will also prevent interference with communication and power lines, guard specific modal po [sic] V.P.S. and patrol specified areas. They will also collect information. The Razakars are to be kept as far as possible in their own areas near their homes. It will be essential to differentiate functions of Razakars from that of that Village Defence Parties which are basically voluntary bodies working in honorary capacity for defense and retain collective responsibility for their villages, their activities being coordinated through the Union Councils.' [Seizure List and Documentary Proof (4th Volume), prepared by the investigation agency of the International Crimes Tribunal]

5.4.13. It can be clear from the statement of Nurul Amin, Pressident of PDP given in a meeting with Lt. Gen. Tikka Khan. In the news about this meeting published in the Daily Ittefaq it is said that: 'He proposed the President to increase the number of Razakars in East Pakistan and to supply more arms for them. He said that although Razakars are doing very well all of them are not armed. He denied the objection against Razakars that they are killing their political oppositions. [Daily Ittefaq, November 07, 1971]

5.4.14. Again in the sub editorial of the Daily Sangram it is said that the Peace Committee and the Razakar force will be enough to put down the fifth columnists and miscreants. They used the term miscreant and fifth columnist for the innocent and unarmed pro independence Bengalese. [Daily Shongram, 14th August, 1971] . In this sub editorial it is also said that Commander of the Eastern Command and the martial law administrator of ‘B’ reion Lt. Gen. A A K Niaji delivered a speech at Domar. In that conference local commander informed Niaji that Al- Badr and Al- Shams wings of Reajakar force were launching expeditions separately and jointly with the army. In this report it is also mentioned that though these sort of miscreants have been scattered after the deployment of Razakar force, their activities were still existing in the remote villages where there was no strong Razakar force still then. We think organizing strong Razakar force by reliable personalities is the only remedy to wipe out these miscreants from the inner parts of the province. It is also said in the report, “It is very necessary to supply more powerful weapons to put down the armed miscreants”.

5.4.15. From the above mentioned sub editorial it is clear that Razakar force was acting as the auxiliary force of the Pakistani army in the then occupied Bangladesh to bring back the ‘normal situation’ (that means the so called normal situation obtained by wiping out the pro independence civilians) by wiping out the so called ‘miscreants’, ‘rebels’, and ‘fifth columnists’ and in many cases they were committing crimes directly. [Seizure List and Documentary Proofs (3rd Volume) prepared by Investigation Agency of the International Crimes Tribunal]

Connection between Jamaat E Islami and Razakar Force:

5.4.16. Many leaders and workers of Jamaat E Islami (who’s Emir was the accused Ghulam Ajom) had joined in the Razakar force since they had close ties with each other. The concrete proof of close collaboration between these two organizations is the ID card of Razakar issued by Jamaat E Islami. The sample of an ID card is given here: 'This is to certify that Mr. Haroon-ur-Rahid Khan S/o Abdul Azim Khan. 36. Purana Paltal\n Lane, Dacca-2 is our acive worker. He is true Pakistani and dependable. He is trained Razakar. He has been issued a rifle No.776… with ten round ammunition for self protection. Sd/ illegible INCHARGE Razakar & Muzahid Jamaat e Islami 91/92 siddiq Bazar, Dacca [Liberation War of Bangladesh, Records: 7th Volume, p.742, edited by Hasan Hafijur Rahman]

5.4.17. The connection between Razakar and Jamaat E Islami is proved clearly by other incidents. Razakar force was formed by the workers of Jamaat. On May, 1971 Maolana A K M Eusuf first formed the Razakar force with 96 workers of Jamaat at the Ansar camp of Khanjahan Ali road in Khulna. From the statement of Hayat Muhammad Khan Sherpa, the chairman of Pakistan People’s Party it is clear that Razakar force was formed by the workers of Jamaat. He claimed that Jamaat E Islami has formed this army to eliminate its political oppositions from East Pakistan. [Daily Ittefaq, November 18, 1971]

5.4.18. The influence of Jamaat E Islami in the organizational work of Razakar can be clearly understood from a statement of the accused Ghulam Ajom where he praised the activities of Razakars and told them to appoint more recruits. [Daily Ittefaq, December 2, 1971]. Again in another statement he told to supply modern weapons for the Razakars.

5.4.19. Like Jamaat E Islami, the Razakars had a good relation with Peace Committee. It is mentionable here that like Jamaat Islami, Peace Committee was also a auxiliary organization of Pakistani occupation army whose one of the to leaders were the accused Ghulam Ajom. Not only the Peace Committee only conducted the oath taking ceremony of the Razakarsbut they also had a significant role in the selection process. The proof can be found in different government records of 1971. The under mentioned statement is found in a document of ‘Government of East Pakistan, Office of the Sub Divisional Officer, Netrokona, dated 25th May, 1971- 'In every union council there shall be a party of 30 Razakars. These 30 Razakars are to be recruited by the local Chairman of Union Councils after the consultation with the Convener of the Union Peace Committees where there are already Union Committees.' [ Seizure List and Documentary Proof (4th Volume) prepared by the Investigation Agency of the International Crimes Tribunal]

5.4.20 . Same picture is found in another government record of 1971. In a record named ‘Government of East Pakistan, Home (Police and Ansars) Department Section-III: 'Recruitment. The Razakars will be recruited in consultation with the members of the Peace Committee and Union Councils.' [Seizure List and Documentary Proof (4th Volume) prepared by the Investigation Agency of the International Crimes Tribunal]

5.4.21. Peace Committee played an important role not only in recruitment of the Razakar force but they also had an important role in training. In a report of Daily Sangram of 14th September, 1971, it is said that: 'Many Razakars have received training which was arranged by the Peace Committee and after the training they have appointed themselves in maintaining law and order in their own sub districts.

5.4.22. Though it was the responsibility of martial law authority to train the Razakars by the rule to wipe out the ‘miscreant’, they used to do it after the consultation with the Peace Committee and local administration. In a ‘secret’ letter of Captain Izhar Hossain Zaidi dated 17th July, 1971, officer of 33rd Punjab regiment it was told that: '(d) Under the new scheme I have embodied 87 Razakars and their training again will commence from 18-7-71 by Army here. Recruitment is continuing to reach the target of 200 and will be completed soon. These Razakars were embodied out of 210 Razakars who were enrolled by me and trained with consultation of the Peace Committee and local administration. These Razakars have already been working with army and police. CAPT IZHAR HOSSAIN ZAIDI' [Seizure List and Documentary proof made by the investigation agency of the International Crimes Tribunal]

5.4.23. Peace Committee also used to look after the remuneration of the members of the force. This sort of picture is found in a record of 30th August regarding the salary of the Razakar member. The record is given below: HQ ASMLA Jessore, 30 Aug, 1971 To: Deputy Commissioner, Jessore, President Dist. Peace Committee, Jessore. Subject: Pay of Razakars. Please confirm that the pay of Razakars are being regularly paid. Sd/- Mohammod Amin, Major, ASMLA, Memo No. 224(8) Dated:7.9.71 Copy forwarded for information and necessary action to: Chairman, Town Peace Committee, Jessore [Liberation War of Bangladesh, Records: 7th Volume, p.742, edited by Hasan Hafijur Rahman]

5.4.24. The members of Peace committee were not only involved with selection and training of Razakars. Razakar force and Peace Committee enjoyed the sponsorship of Pakistani government. For example wheat was allotted for the family of Razakar killed by the so called miscreants. The proof of this incident is found from a government announcement of 1971. It is said there that: 'It has been decided that the families of Razakars and members of Peace Committee who were killed by miscreants should be provided with G.R. wheat as a measure of assistance to the…. Families. For this purpose, a separate quota of 1000 maunds of G.R. wheat are allotted to the different sub divisions as below. Distribution should be made through Master Roll at prescribed rate i.e. 3 seers per adult week and one and a haf seer per minor per week and proper account should be maintained for audit. S.D.O., Sadar 400 maunds: S.D.O., Jhenaidoho 200 maunds: S.D.O., Magura, 200 maunds: S.D.O., Norail 200 maunds: 1000 maunds (Tazul Huq) Sd/Addl. Deputy Commissioner (Genl) Jessore Memo No. V1/21/71/104(4)/i(6)RR dated 2/10/71 Copy forwarded to: 1) ASMLA Jessore. This has preference to his discussion with the under signed the other day in Presence of the President, Dist. Peace Committee, Jessore in my chamber. [Liberation War of Bangladesh, Records: 7th Volume, p.742, edited by Hasan Hafijur Rahman]

5.4.25 . The then minister of Labor and Social Welfare of East Pakistan A S M Solaiman commented that the Razakars should get the recognition of national hero. Beside it the minister of finance of East Pakistan told to increase the members of Razakars to 1 lac and he also told to deploy a considerable amount of Razakars in union level. After all Rawalpindi gave recognition that the currently appointed Razakars are trained and disciplined force who have ‘sacrificed themselves to serve the country’.

5.4.26 From the above mentioned discussion it is clear that the Peace Committee and Jamaat E Islami had a close collaboration with the Razakars. Because the Peace Committee was also formed with the members of Razakars. On 1971 the Razakar force accomplished its duty individually and jointly with the Pakistani army successfully. [Daily Pakistan, 4th November, 1971] Further information regarding the crimes of Razakar forces as an auxiliary force of Pakistani army can be found in the Seizure List and Documentary Proof made by the Investigation Agency of the International Crimes Tribunal)

5.5. AL- Badr

5.5.1. Al- Badr force was an auxiliary force of Pakistan occupation army. Another auxiliary force of Pakistani army was Razakar force. Al- Badr force was one of the two wings of Razakar force.

Formation of Al Badr

5.5.2. On this regard the commander of the eastern command of Pakistani army Gen. A A K Niaji said: 'The proposal for raising an organaized Razakar force remained under consideration with HQ CMLA and GHQ for a long time. Although their recruitment started earlier, sanction for the raising of this force was given at the end of August, 1971. A separate Razakar Directorate was established, and the whole set-up started taking proper shape. Two separate wings called Al- Badr and Al- Shams were organized. Well educated and properly motivated students from the schools and madrasas were put into Al- Badr wing where they were trained to undertake ‘special operations’, while the others were grouped together under Al- Shams which was responsible for the protection of bridges, vital points and other areas.' [Lt. Gen. A A K Niaji, The Betrayal of East Pakistan p. 78]

But there was a history behind this statement of Niaji. The patriotic students of Islami Chhatro Shongho became very ambitious for some undesired experience of Peace Committee and Razakar. On 15th May, 1971 the advisory council (Mojlish E Shura) proposed to form a separate Razakar force by recruiting the workers of Islami Chhatro Shongho. But the eastern command of Pakistani army kept it hanging. But there were some officers in Pakistani army who were thinking of other measures in context of the activities of Razakars and Peace Committee. Major Riaj Hussain Malik of Baluch regiment is one of them. He took positive measure in this regard at first. After being active in the front for one and half month he started to believe that they should not depend much on Razakar force. In an interview he explained the consequence of forming Al- Badr force: 'The enemies are more in numbers. Insurgents are in formidable strength. We had no communication and surveillance system and supply of arms and ammunition was irregular. Our men were not accustomed to Bengali language and its natural environment because this sort of situation was not included in our training. Under this circumstance, it had become very hard to do the duty of defending motherland. We needed a group of patriotic Bengalese for defending who will be able to help us in protecting Pakistan. In first one and half month our experience with Razakar force became a failure. But in my sector I was observing that the Bengali students of Islami Chhatra Shongho were doing their duty of defense, leadership and maintaining secrecy very constructively. Therefore I made the students united separately with a hesitating mind as I had no permission from high command. They were 47 in number and they all were the workers of Islami Chhatro Shongho. On 16th May, 1971 at Sherpur (Mymensingh district) they were a given a short term military training. After being introduced with their devotion and their merit to acquire the war strategies I delivered a speech to them. In midst of my speech I told them spontaneously that children of Islam like you who have such character such merit and such strength should be entitled as Al Badr. Just like lightning I got the idea that I could name the organization as Al Badr. This name and separate training for the students were so effective that within a few months the work of organizing the all students of Islami Chhatro Shongho became accomplished. The first commander of Al Badr was Kamran and he was a student of I.SC.'

At this stage, Justice AKM Zaheer asked for an explanation to the prosecution. He asked, “Can anyone from the prosecution explain me why have you quoted a Baluch Major in Bengali?”

Prosecutor Ziad-al-Malum came to the dais and replied, “The original statement was in Urdu and that is why we have translated in Bengali. And the translation has been done from University of Dhaka.”

Then Prosecutor Nurjahan continued reading the formal charge once again :

5.5.3. Mainly the students of Islami Chhatro Shongho joined at the Al Badr force. A direct proof of this claim is found in the report of ‘East Pakistan Poilice Abstract Intelligence’ on 1971. It is said in this report- '1065, Sylhet.- On 15th September, 1971 between 16:00 hours and 18:00 hours, a meeting of the workers of the ICS, Sylhet was held at Sarada Hall, Sylhet town where members of Islami Chhatra Shongho (ICS) delivered speeches urging upon the workers to work hard for the integrity of Pakistan and to join in large number, the training course imparted by the Pakistan Army. These workers after the training will be known as Al Badr Bahini and their duty will be to watch and check the activity of the rebels.' [Seizure List and Documentary Proof (2nd Volume) prepared by the Investigation Agency of the International Crimes Tribunal]

5.5.4. Beside recruiting own members ICS played an important role in Al Badr force which can be understood from the under mentioned quotation: 'The campaign confirmed that IJT’ place in national politics, especially in May, 1971, when the IJT (Islami Jamie Tulba= Chhatro Shongho) joined the army’s counterinsurgency campaign in East Pakistan. With the help of the army the IJT organized two paramilitary units, called Al Badr and Al Shams to fight the Bengali guereillas. Most of AL Badr consisted of IJT members, who also galvanized support for the operation among the muhajir community settled in East Pakistan.Mutiur Rahman Nijami, the IJT’S nazim I a’la (supreme head or organizer) at the timeorganized al Badr and al Shams from Dhaka University.' [Seyyd Vali Reza Nasr, The Vanguard of the Islamic Revolution: The Jamaat E Islami of Pakistan]

5.5.6. The role of ICS the students’ wing of Jamaat E Islami, in forming the Al Badr force is also mentioned in the book ‘Pakistan between Mosque and Military by Hussain Haqqani. It is said there that: 'Army decided to raise a Razakar (volunteer) force of one hundred thousand civilian non Bengalese settled in East Pakistan and the pro Pakistan Islamic groups. The Jamaat E Islami and its students’ wing Islami Jamiete Tulba joined the military’s efforts in May 1971 to launch two paramilitary counterinsurgency units. The IJT provided a large number of recruits. By September a force of fifty thousand Razakars had been raised. Secular West Pakistani politicians complained about ‘an army of Jamaat e Islami nominees.’ The two special brigades of Islamist cadres were named Al Shams (the sun) and Al Badr (the moon). The names were significant for their symbolic values. Islam’s first battle under prophet Muhammad, had been the battle of Badr, and these paramilitary brigade saw themselves as the sun and the crescent of Islamic revival in south Asia. General Niazi, the commander of Pakistan’s Eastern Command, later explained the role of the Razaakars.'

Tribunal member AKM Zaheer mentioned, “You have mentioned sources in some of the parts. On the other hand you have not mentioned any source that is why I am asking you the same.”

Prosecutor Nurjahan then again continued reading the formal charge:

Activities of Al Badr

5.5.7. A five point working programs was set for Al Badr as an auxiliary force of Pakistani army:

1) To establish massive communication with common people to revive the confidence among the people of Pakistan. To arrange meeting and conference in villages and remote areas. To face the negative propaganda of enemies and to encourage people to defend the push in from outside of the country.

2) To reduce the difference between Bengalese and non Bengalese. To take intellectual steps to build fraternity and sympathetic relationship between East and West Pakistanis

3) To set a reliable communication and surveillance system for watching the activities of miscreants and Indian nosy parkers.

4) To provide constructive support to the army expedition and local administration for the sake of unity and defense of Pakistan. To maintain peace and discipline and to arrange trainings by organizing the patriotic students to ensure security for the responsible personalities.

5) To provide information about the enemies of the country who are existing among the government and non government officials

In the light of this working procedure the Eastern Command had organized the Al Badr force of entire East Pakistan within September, 1971. [Selim Monsoor Khaled, Al Badr]

Military training:

5.5.8. Al Badr force was given training by the Pakistani army. The training was completed within seven to twelve days. By this training the trainees learned to handle automatic light weapons, to dismantle and carry weapons from one place to another, to inactive the explosive and mines and to send message through wireless.

5.5.9. By practical training the trainees of Al Badr have received training to operate these weapons: 12 bore rifle, 303 rifle, light mortar gun, hand grenade, revolver, anti aircraft gun, stengun and Russian and Indian weapons obtained from freedom fighters. (Source: Panjub University Journal Mohur) [Selim Monsoor Khaled, AL Badr]

Ideological Training:

5.5.10 Since Al Badr was related with an Islamic organization therefore the leaders of ICS took steps to continue the ideological training of Al Badr cadets. The procedure of training was as follows: 'Everyday Quran learning, hadith learning, night waking, mojlish e zikir, day long training camp, philosophy of Jihad (group meeting), personal observation, prayer etc.' [Selim Monsoor Khaled, Al Badr]

Responsibility distribution:

5.5.11. Each unit of Al Badr was divided into three divisions for taking the responsibility of larger defense.

First Division: The responsibility of this division was to create public opinion in support of Pakistan. Since the people became so disappointed by continuously hearing the news of BBC radio, Moscow and all India radio, their duty was to diminish those subversive propaganda. To inform the people of the reality, to arrange public gathering, to ensure security to the students and teachers of schools and colleges.

Second Division: The duty of the division was to protect the government property by forming teams. To face the enemy in field level and to defend their aggression. In this matter Al Badr used to launch expedition under the direction or permission of the army.

Third Division: This division was formed to provide necessary correct information about the conspirators on which the Pakistani army took their plans by guessing the position of the enemy. Beside it Al Badr had a separate medical unit which was formed by the activists of medical colleges, [Selim Monsoor Khaled, Al Badr]

Organogram:

5.5.12. Organogram of Al Badr was as follows: Unit 312 cadet:  Unit= 3 companies, each company consists of 104 mujahids: Company= 3 platoons, each platoon consists of 33 gazes; Plattoon = 3 section troops, each troop consists of 11 Al Badrs Each unit had a commander and two second commanders. Since the units were formed in district level so there was no provincial commander. But the provincial council of ICS monitored the activities of Al Badr. In local level this shor principle was set to select the commander that he should have faith and fear on Allah, he should be firm on truth and he should be better than his fellow comrades. [Selim Monsoor Khaled, Al Badr]

Wages:

5.5.13. Pakistani army proposed regular wage for the members of Al Badr. But Islami Chhatro Shongho denied accepting the wage and they recommended to spend the money for ‘defense fund’. Later the leaders of ICS decided that personally no member will draw any kind of wage and the money will be deposited in the regional Al Badr fund. The amount of wage was monthly 70 taka per head only. [Source: Daily Jang, Lahore, Friday magazine, 9th December, 1983 and Hum Kadam 1971 ) [Selim Monsoor Khaled, Al Badr]

5.5.14. Like Razakar forces Al Badr members had also issued identity cards. The ID cards had photographs. The writings in the ID cards of Al Badr members are as follows: The AL- BADAR FORCE is a composition of the youths aspiring to implement the ideology of Pakistan and highly imbued with the nationalConsciousness, This force has been extending all-out co operation to Pakistan Army. The AL- BADAR is a symbol of fear and undomitable challenge to the miscreants and Indian infiltrators. The bearer of the card belongs to AL- BADAR FORCE Name: HASAN MOHAMMOD; Address: Mohammodpur College; P.O.+ Vill+P.S. Mohammodpur; Dist. Rajshahi: Issuing Authority' [[Seizure List and Documentary Proof (4th Volume), prepared by the investigation agency of the International Crimes Tribunal]

5.5.15. Though ICS played an important role in forming Al Badr, their main source of power was the parent organization Jamaat E Islami. The description of connection between Al Badr and Jamaat E Islami is found in the under mentioned book: '[…] As a result of these contacts, Jamiat joined the Pakistani Military’s effort on May 1971 to launch two paramilitary counterinsurgency units in East Pakistan to combat Mukti Bahini, the Bengal guerilla organization. Jamiat provided a large number of recruits for the two units especially Al Badr and Al Shams was taken by Mutur Rahman Nizami, Jamiat’s Nazim E A’la at that time.' [Musa Khan Jalazai, Sectarianism and politico- religious terrorism in Pakistan (Revised Edition) p.25]

5.5.16. On December, 1971 Pakistan occupation army and their auxiliary forces applied their blue print of destroying the intellectual development of Bengali nation realizing that their defeat is knocking at the door. In this planning, Al Badr force played the main role. The news of this brutal incident first was first aired by America’s NBC news channel in the international arena.

Here the report of Phil Brady’s: 'In East Pakistan Bangla Desh there have been atrocities carried out against the civilians both during and since it but over the weekend it had been discovered that there had been a massacre. “This is Rayerbazar a suburb of Dacca. There were rumors that many Bengali intellectuals were taken here by the Pakistani police. They were picked up only a few days before the end of the war. But no one knew what happened to them. it is now thought that they were taken here only hours before the end, lined up and shot. Among the dead here were doctors, journalists, professors, painters and one poet. There are still two hundred and fifty other intellectuals missing and after what was found here there is little hope now that they are alive. The slaughter at Rayerbazaar stunned the people and their mood turned form joy to hate.

Q. Do you think there is any hope or real chance looking at this of ever reaching an understanding again with the Pakistanis?

A. What, I don’t, I mean it’s ridiculous to talk about Pakistanis anymore. This, there couldn’t be anymore, I mean, whatever there was its dead absolutely deep down, it’s blood for blood.

A. It’s just blood for blood. I mean there’s nothing else down, down here. We have […] what’s happened so we must do the same thing to them. There’s nothing else about it. We must, we must take the revenge.

A. All of them have got to be killed. We, we believe in violence, we, have got got this about by violence not constitutionalism. Violence is the only answer for Bengal, for the freedom of Bengal, we have always speeched it and we will do it do it to the last violence.

If the dead here were only a cool reminder of the bitterness and hatred of before it would be bad enough but it seemed now that any hope of reconciliation or forgiveness would be drowned out in the cries of blood for blood. Phil Brady, NBC News, Rayerbazaar, Bangla Desh,” [Prepared by investigation team of International Crime Tribunal ‘seized list and filed evidence (volume 4)]

5.5.17. The process of making Bangali talentless becomes clearer from the report of ICJ: 'These murders were perpetrated by members of Al-Badr, a Bangali organization which came into being after 25 march, 1971, and which is believed to have been the action section of Jamaat-e-Islam, the extremist Muslim. Their goal was to 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 blindfold at gunpoint, never to return. Many were taken to the dacca College of Physical Education Building. A janitor, at the College stated “they brought in hundred, of people, all nicely dressed and tied up. We could hear the screaming all the time from the rooms. The victims were later taken in trucks to a deserted brickyard near Mohammadpur. The only known survivor, who managed to loosen the rope with which he was tied and escaped, has described how these prisoners were tortured before being taken out to be shot. The victims included women, one of whom was an editor who was found with two bayonet wounds, one through the eye and one in the stomach, and two bullet wounds. It is alleged that a heart specialist, Dr. Fazle Rabbe, had been cut open and his heart ripped out. Similar atrocities are alleged to have been committed in other parts of East Pakistan in the closing stages of the war is a grim epilogue to the record of systematic repression in East Pakistan from March to December.' [International Commission of Jurists, Report of the

Commission of Inquiry into the events in East Pakistan, 1971]

5.5.18. On September 14, 1971 a special report was published in the daily Sangram heading 'Al-Badr': '"Al-Badr is a name! A wonder! A commitment! Al-Badr is everywhere to protest so called Muktibahini. Where there are offenders, there is Al-Badr. Al-Badr is a horror for the Indian sided criminals."

5.5.19 In the diary of Major General Rao Forman Ali, the issue of helping Al-Badr is mentioned evidently though it is not accepted by the government. After forming Razakar and Al-Badr, academic Institutions went under the control of Islami Chhatrasangha and used as training and torturing center. Pakistan celebrated her victory day on August 14, 1971 vigorously and islami Chhatrasangha observed this day in Dhaka University by performing different agenda. Since islami Chhatrasangha patronized the formation of Al-Badr, mostly Jamat-e-Islami controlled its activities. Other political parties criticized Jamat-e-Islami seriously only because they controlled Al-Badr. Jamat-e-islami controlled islami Chhatrasangha and they utilized Al-Badr to root out Muktibahini and their supporters Awami league leaders, progressive political parties' leaders and workers, The Hindus-Buddhists-Christians, workers, farmars, intellectuals, artists and litterateurs by blaming them as 'Enemies of Pakistan', 'Indian agents', 'conspirators' and 'secessionists'.

5.6 Al-Shams

5.6.1 Al-Shams is a paramilitary force helped Pakistani army which was established in 1971. Islami Chhatrasangha structured this force under the lead of Motiur Rahman Nizami.

5.6.2 Seyyd Vali Reza Nasr told about Al-Shams in his book "The Vanguard of the Islamic Revolution: THE JAMMA'T-I ISLAMI OF PAKISTAN" at page no-66 that: 'The campaign confirmed the IJT's place in national politics, especially in May 1971, when the IJT (Islami Jamiete Tulab – Chatro Sangho) joined the army's counterinsurgency campaign in East Pakistan. With the help of the army the IJT organized two paramilitary units, called al-Badr and al-Shams, to fight thee Bengali guerrillas. Most of al-Badr consisted of IJT members, who also galvanized support for the operation among the Muhajir community settled in East Pakistan. Motiur Rahman Nizami, the IJT's nazim-i a'la (supreme head or organizer) at the time, organized al-Badr and al-Shams from Dhaka University.'

Therefore, it is clear from the above statement that al-Shams was formed as an organized armed force against Muktibahini. They were treained by Pakistan army to be skilled.

5.6.3 Though, al-Shams was formed by selected manpower of Islami Chhatrasangha but Jamat-e-Islami was deeply linked with this unit which can be evidenced from a book by Musa Khan Jalazia named 'Sectarianism and politico-religious Terrorism in Pakistan' at page 258-… The campaign confirmed Jami'at's place in rational politics , especially in 1971, when Jami'at began to interact directly with the military government of east Pakistan in an effort to crush Bengali nationalism. As a result of these contacts, Jami'at joined the Pakistani military counterinsurgency Units in East Pakistan al-Badr and al-Shams, to combat Mukti Bahini, the Bengal guerilla organization Jami'at provided a large number of recruits for the two units, especially al-Badr, the decision to join al-Badr and al-Shams was taken by Mutiur Rahman Nizami, Jami'at nazimi a'la at time.

5.6.4 We can see similarity in the aim and goal of al-Shams and Jamat-e-Islami and Islami Chhatrasangha because they were linked internally. The ultimate intend of al-Shams was to safeguard the unity of Pakistan to follow Islamic principles and to assist Pakistan army. Another aim of al-Shams was to wipe out Awami league since they were treated as so called 'Indian agent' and the enemies of Pakistan.

5.6.5 Because of such religious bigotry, they committed several culpable jobs. They not only assisted Pakistani military to commit atrocious activities, war crime, and genocide but also they took part in these activities.Field Brady of NBC News Channel was the first to report/news against Al-Badr activities and was the first to telecast the ‘genocide of Rayerbazar’ for the people of the world. Al-Badr’s raid was also described in the same book. The raids were operated at night; the victims were blind folded on gun point under the direct supervision of Pakistani army officers.”

At one point, prosecutor Nurjahan referred to an ICJ case. However, both Justice Nizamul Huq and Justice Zaheer pointed out that the judgement of that case has not been included in the formal charge bundle and asked for an explanation from the prosecution for that. Prosecutor Ziad-al-Malum stood up once again and explained that they have downloaded the judgement from internet and they shall produce that before the Tribunal before the argument.