20 Feb 2012: Azam frame charging 3

After the cross examination of witness number 27 in Sayedee's case, the court then continued to hear the charge-framing application relating to Gholam Azam. This is the third day in which the prosecution have been reading out their charge framing application. (Day one, Day Two)

Prosecutor Nurjahan came to the dais and started reading out the formal charge:

6. Superior Status

6.1 It is a well-known principle of organizational or institutional hierarchy that the top position will be directly responsible for anything done by lower position. This well-established principle has been added to the International crime tribunal ordinance, 1973. According to this article: 'Any commander or superior officer who orders, permits, acquiesces or participates in the commission of any of the crimes specified in section 3 or is connected with any plans and activities involving the commission of such crimes or who fails or omits to discharge his duty to maintain discipline, or who fails to take necessary measures to prevent the commission of such crimes, is guilty of such crimes.'

The above article is applicable for any military or civilian commander and superior personnel.

6.2 The accused Golam Azam’s superior status and liability under section 4 (2) of the international Crimes (tribunals) Act, 1973 for crimes committed under section 3 (2) of the international crimes (tribunals) Act, 1973 is evidenced by the following information:

6.2.1 Accused met Lieutenant General Tikka Khan, military ruler of East Pakistan “B” territory, on April 04, 1971 evening at the governor’s house (present Bangabhaban) in Dhaka. Out of him in that delegation team, consisting 12 members, there were Pakistan Democratic Party head Nurul Amin, Moulovi Farid Ahmed, Khaja Khayer Uddin, A K M Shafiqul Islam, Maulana Nurjjaman, Hamidul Haque Chowdhury, president of Jami’te Ulama’ye Islam Mohsin Uddin Ahmed and advocate Saadi. This meeting held in a time, when genocide had already been committed through “operation searchlight” on March 25 night and the army had been running slaughter throughout the country for long nine days. It is also mentionable here that, the delegation team had no legal title to be a delegate for the common people. However, the reason behind the presence of convict in the conference was that he was the chief of Jamaat-e-Islami and thus his participation and decision-making clearly indicates his “superior status”. [The Daily Azad, April 06, 1971.]

6.2.2. Convict’s “superior status” can be ascertained through his following actions on April 6, when he met military ruler of region “B” Lieutenant General Tikka khan in a classified meeting. This second meeting was exclusively between accused and Tikka Khan. The later meeting clearly specifies his “superior status” because he ascertained his complete support to military ruler about returning tranquility in East Pakistan from a reasonable point of status. [The Daily Azad, April 7, 1971; The Daily Pakistan, April 7, 1971; The Daily Purbodesh, April 7, 1971.]

6.2.3. Convict gave a joint-speech on 07.04.1971 as a chief of Jamat-e-Islami with other jamat leaders in where they ordered “Patriot”, in their language, to shoot on sight the Indian infiltrators. Convict proves his “superior status” by giving this order to the entire subordinates of his party. [The Daily Azad, April 8, 1971]

6.2.4. Convict’s superior status can be further ascertained by his seat preserved in an extension meeting of peace committee on 09.04.1971. Accused was third by status of the organizational hierarchy in the committee of 140 members lead by Khaja Khayeruddin. Noted here, peace committee was established to help Pakistan army to commit atrocities and genocide on mass people of Bangladesh. [The Daily Azad, April 11, 1971]

6.2.5. Golam Azam made a speech from the Dhaka center of Radio Pakistan on 09.04.1971 in an invitation from the Pakistani military rulers. The Daily Azad and The Daily Pakistan and other newspapers published his speech. He alarmed India in this speech and demanded India interfered in Pakistan as well as tried to destroy Pakistan. This event of inviting him for delivering speech for the nation proves his superior status again. [The Daily Azad, April 11, 1971; The Daily Pakistan, April 11, 1971.]

6.2.6. Another fact also proves convict’s ‘superior status’, when Khaja Khayeruddin and he made an illicit procession on 13.04.1971 from Baitul Mukarrom Mosque. Peace committee organized this procession from where they gave different slogan to create anti-Indian mentality and to help everybody keep united Pakistan. At the end of the procession, convict conducted prayer for the unity of Pakistan through his organizational status. Leading the procession and conducting prayer both clearly indicate his ‘superior status’ in organizational hierarchy of Jamat-e-Islami and peace committee. [The Daily Paygam, April 13, 1971; The Daily Pakistan, April 13, 1971; The Daily Azad, April 14, 1971; The Daily Purbodesh, April 14, 1971; The Daily Pakistan, April 14, 1971; Attested photo copy of top secret No. 5 of 1971. Fortnightly Report on Political Situation for the first half of April, 1971 from special Branch, East Pakistan, Dacca. Secret No. 5 of 1971 Para 11]

6.2.7. More evidence of convict’s superior status can be got when he formed a sub-committee to join and direct daily activities of central working committee of peace committee on 20.04.1971. He was the third member of that team and other members were A K M Shafiqul Islam, A. R Khoddor, A.S.M Solyaman, Abdur Mutin, S.K Khoyeruddin. [The Daily Pakistan, April 22, 1971]

6.2.8 Ultimate proof of convict’s superior status is the personal meeting with Yahia Khan in Rawalpindi on 19.06.71. He discussed several issues and ascertained from him that only so-called patriot could hold back secessionists. Moreover, he asked the president to equipp Jamat-e-Islamists and other collaborators with arms who believed in peace and united Pakistan. Meeting personally with the president provides sufficient evidence of his standings and power and influence. [Daily Sangram, Jun 20, 1971; Daily Sangram, Jun 22, 1971].

6.2.9. Convict’s superior status can be proved in another way when he asked all head of Muslim countries to help Pakistan on 26.06.71. This clarifies his ideological relationship with Muslim countries and his superior status re-establishes. [Daily Sangram, Jun 27, 1971; Daily Purbodesh, Jun 28, 1971; Daily Ittefaq, Jun 28, 1971]

6.2.10 A stamp of collecting fund in 1971 also proves convict’s superior status. Golam Azam was the only person who signed in the stamp ‘Pakistan Rokkha tohobil’ amounting 1 taka. That means to protect the Pakistan, people collected fund in name of Ameer of Jamat-e-Islami, which testifies his superior status once again. [Prepared by investigation team of International Crime Tribunal ‘seized list and filed evidence (volume 4)]

There was change of prosecutor at this stage. Prosecutor Zial-al-Malum came to the dais at this stage and continued reading out the formal charge which was as under:

7. Specific charges against convict 
From investigation, several serious crimes were found against the convict under International crime (Tribunals) Act, 1973 article 3(2). He is accused mostly for his “superior status” under this act. Besides, there are some disclosed evidence against him from being involved in some crimes directly. In reference to investigation throughout the country under the section 3(2) International crime (tribunals) act 1973, thefollowing results found:

7.1 International crime of conspiracy
7.2 International crime of planning
7.3 International crime of incitement
7.4 International crime of complicity
7.5 Anti-human rights crime of killing and torment.

7.1 International crime of conspiracy 
Conspiracy to commit crimes mentioned in section 3(2) of the International Crimes (Tribunals) act, 1973 as crime under section 3(2) (g) of the International Crimes (Tribunals) Act, 1973 are mentioned here:

7.1.1. Accused along with 12 others met Lieutenant General Tikka Khan, military ruler of East Pakistan “B” territory, on April 04, 1971 evening at the governor’s house in Dhaka on 04.04.71 evening. Other members were Pakistan Democratic Party head Nurul Amin, Moulovi Farid Ahmed, Khaja Khayer Uddin, A K M Shafiqul Islam, Maulana Nurjjaman, Hamidul Haque Chowdhury, president of Jami’te Ulama’ye Islam Mohsin Uddin Ahmed and advocate Saadi. They discussed, planned, and took firm decision to apply the blue print of Pakistan army. Later on, according to this decision, they committed huge crimes and slaughter. The main topic of their meeting was to create different collaborating units and determine their action plans. In this context they first dicided to form “Nagoric Committee”, a criminal organization which afterwards became known as “Nagorik Peace Committee” and later on only “peace Committee”. Some pictures were published in news paper of this meeting in where there were Tikka Khan, Mr. Nurul Amin, Golam Azom and so on. [ Daily Azad, April 06, 1971]

7.1.2. Two days later, accused and some others political leaders again met General Tikka Khan at the same place as a part of their conspiracy, mentioned earlier. In this meeting, they repeatedly discussed the same issue of forming different assistant organizations and their possible roadmap. Accused Golam Azam stated his determination of taking control of violence by forming these collaborating organizations. Besides him, provincial head of Jamiote Ulamaye Islam Peer Mohsin Uddin Ahmad, Advocate Mr. A.K. Sadi personally met General Tikka Khan. [Daily Azad, April 07, 1971; Daily Pakistan, April 07, 1971; Daily Purbodesh, April 07, 1971.]

7.1.3 Accused, as a member of ‘Peace and welfare Steering Committee, participated in a meeting on 14.04.71. They took oath to protect Pakistan. At the same time, they took several decisions and plans to unite people to protest so-called Indian conspiracy and aggression to establish peace by acquiring people’s support. [Attested photo copy of top secret No. 5 of 1971. Fortnightly Report on Political Situation for the first half of April, 1971 from special Branch, East Pakistan, Dacca. Secret No. 5 of 1971 Para 12]

7.1.4. Accordingly accused attended in high command meeting for third time on 16.04.71. In that meeting he informed president of Pakistan General Aga Mohammad Yahya Khan about latest update of East Pakistan. They finalized their action plan analyzing last three month’s performance, specially how to suppress the movement using arms. In this context, they scrutinized the roadmap and decided how to use the sentiment of Pakistani ideologists to control disarmed civilian people. [Daily Sangram, Jun 20, 1971; Daily Sangram, Jun 22, 1971.]

7.1.5. Later on, accused met Sayed Abul A’la Moududi, chief of all Pakistan Jamat-e-Islami, as a part of conspiracy on 20.06.1971. In this meeting they discussed about the activities, principles, and future planning, working methods and action plan of Jamat-e-Islami. [Daily Pakistan, Jun21, 1971.]

7.1.6. Again on 01.12.71, accused met president Yeahia Khan in Rawalpindi where he discussed overall condition in a 70-minute long personal meeting. He asked the president to increase the number of Razakar and in order to confront the so-called offenders he counseled to include Pakistani ideologists in this militia unit. Moreover, accused comprehended the coming defeat observing the declining control of collaborator units and decided to kill intellectuals as a ‘final solution’, which was actualized by Jamat-e-Islami, Razakar, Al-Badr, and Al-Shams till December 16, 1971. [Daily Ittefaq, December 02, 1971]

7.2 International crime of planning 

[Planning to commit crimes mentioned in section 3(2) of the International Crimes (Tribunals) Act, 1973 having ‘superior’ status liable under section 4(2) of the International Crimes (Tribunals) Act, 1973] are mentioned here:

7.2.1. On 04.04.71, accused Golam Azom and some others prepared a plan to figure out a criminal organization named ‘Nagorik Cmmittee’ and placed this proposal before Lieutenant General Tikka Khan. Noted, this ‘Nagorik Cmmittee’ appeared later as a notorious criminal organization ‘peace committee’. [Daily Azad, April 07, 1971]

7.2.2 Accused Golam Azom along with others formed peace committee, appointing Khaja Khayer Uddin as convener in order to commit the preplanned crime. They took decision to spread out sub-units of peace committee in several parts of town, unions, and Moholla level as a part of their plan and these sub units would work under central command. [Daily Azad, April 07, 1971; Daily Pakistan, April 07, 1971; Daily Purbodesh, April 07, 1971]

7.2.2. Accused took part in a planning meeting on 04.05.1971 and decided to spread out sub-units of peace committee in several parts of Dhaka city in order to commit crime. Some others, Khaja Khayeruddin, A.Q.M Shafiqul Islam, Abdul Jabbar Khaddar were present in this meeting in the residence of A.Q.M Shafiqul Islam at Elephant Road. [Fortnightly Report on Political Situation, for the first half of May, 1971, from special Branch, East Pakistan, Dacca. Secret No. 7 of 1971 Para 5]

7.3 International crime of incitement 
[Incitement to commit crimes mentioned in section 3(2) of the International Crimes (Tribunals) act, 1973 as crimes under International law under section 3(2)(f) of the International Crimes (Tribunals) Act, 1973] are mentioned here:

7.3.1. Accused, as the chief of Jamat-e-Islami, gave a joint statement with other leaders on 07.04.71. In that statement he called on ‘patriots’ to bulldoze “Indian infiltrators” (according to their language) on sight. Actually, he meant Hindus, Awami league activists and all freedom seekers, who wanted to make Bangladesh free from Pakistani oppressors, as “Indian infiltrators”. Whereas, he meant “patriot” as Jamat-e-Islami, peace committee, Al-badr, Razakar militia, Al-Shams, and Al-Mujahid etc who were under direct control of accused or under his direction . Hence, calling his followers to wipe out a certain people, identified as “Indian Infiltrator” is definitely incitement from the accused to commit crime. [Daily Azad, April 08, 1971]

7.3.2. Accused delivered a incitement speech to the nation from Radio Pakistan, Dhaka center on 10.04.1971. He alleged their intrigue against Pakistan and warranted India not to play with the destiny of 70 million people of East Pakistan. He also stated that India challenged the patriotism of East Pakistan by sending armed infiltrators. Moreover, he said these infiltrators would not get any help from the Muslims of East Pakistan. Actually, he meant Hindus, Awami league activists and all freedom seekers, who wanted to make Bangladesh free from Pakistani oppressors, as “Indian infiltrators”. Whereas, he meant “patriot” as Jamat-e-Islami, peace committee, Al-badr, Razakar militia, Al-Shams, and Al-Mujahid etc who were under direct control of accused or his direction anyhow. Therefore, his speech incited the wiping out Indian infiltrators was ultimately a declaration to wipe out Hindus, Awami leaguers and freedom seeker common people, which indicate his crime of incitement. [Daily Azad, April 11, 1971; Daily Pakistan, April 11, 1971]

7.3.3. Accused, as a chief of Jamat-e-Islami, called all patriot members of peace committee to protest mutineers’ activities and help Pakistan army. At the same time, he advised them to carry national flag and meet as well as assist army whenever they came into their locality. This call of wiping out anti-state people was in fact the call of attacking the common people who opposed the invading army and their collaborators to safeguard this country. This call must be the incitement for committing crime. [Daily Purbodesh April 23, 1971]

7.3.4. Accused called Jamat workers to take all possible initiative to bring back ‘peace and tranquility’ in the country in a workers’ summit of Jamat-e-Islami on 02.05.71. In the eye of the accused the call of bring back peace was in fact incitement for crime. Because, in the mean time, Jamat workers were active to help Pakistani army to bring back so-called tranquility. Undoubtedly, his call of keeping peace proves the incitement for committing crime. [Fortnightly Report on Political Situation for the first half of May, 1971 from special Branch, East Pakistan, Dacca. Secret No. 7 of 1971 Para 5]

7.3.5. On the presence of accused and others in a conference on 17.05.71, they demonstrated happiness for taking appropriate measure to safeguard Pakistan from the banned Awami league’s anti-state activities. At the same time, they asked the government to step forward with necessary measures against betrayers and asked all Islamist groups to increase fellowship in order to help this sacred proceeding. They also gave importance on their sacrifice to find out offenders and maintain peace in this province. In this conference, they proposed new name “Shanti o Sonhoti Committee” instead of “Peace Committee” to enhance its activities. Actually, this call of taking appropriate measure against so-called “offenders” and “betrayers” indicates incitement to wipe out Hindus and Freedom seekers. [Daily Sangram, May 18, 1971; Daily Pakistan, May 18, 1971]

7.3.6. According to a report of Daily Sangam on 22.05.71, accused visited several places of Bangladesh mostly Jessore, Khulna, Mirpur, Lalbag, Chok, Lalmatia and Thatari bazaar of Dhaka. Here he met with other leaders and participated quite a lot of conferences and delivered speech. Moreover, he along with other leaders encouraged Pakistani leaders to safeguard Pakistan from the banned Awami league and Indian collaborators. The convict’s such words was not only an invitation to Jamat-e-Islami workers and other auxiliary forces but also a clear incitement to commit crime against Hindus, Awami leaguer, Freedom seekers and other progressive party’s disarmed people. [Daily Paygam, May 22, 1971]

7.3.7 Daily Sangram published a special interview of accused, which was made based on a pictorial interview on 22.06.71. He mentioned in that interview not to be confused by the propaganda of political parties, which sought freedom. He alleged that Awami league, won the 1970’s election with enormous support of mass people, was interest seeker and anti-democratic fascist political party. This statement of accused was undoubtedly an incitement to his followers to suppress and wipe out so-called enemies. [Daily Sangram, Jun 22, 1971]

7.3.8 In a press conference on 22.06.1971, accused convened everybody to bring back so-called people’s confidence by protesting ‘wrongdoers’ and ‘rebels’. He admired Pakistani army for safeguarding Pakistan. He also requested everybody to assist in order to bring back normal situation and so to the authority of Pakistan government. By delivering these speeches to the auxiliary forces to assist Pakistan army, he, in fact gave stimulation to the leaders and army to commit crime and hence it is definitely considered as incitement to commit crime. [Daily Sangram, Jun 23, 1971]

7.3.9. Jamat-e-Islami Ameer of East Pakistan, Golam Azam, delivered a speech by convening people to uplift the unity of Pakistan in a get together of Brahamnbaria peace committee on republic square. The call of keeping unity of Pakistan, according to convict’s mind-set, truly indicates the stimulation to attack on people who do not believe in this unity.[East Pakistan police abstract of Intelligence, Para 820]

7.3.10 Accused announced in a gathering at Rajshahi Municipal hall, arranged by Rajshahi peace committee, that there is no paper document of friendship between Hindu and Muslim. Moreover, he said, “India is historically an enemy of Muslims and they are killing Muslims continuously even after the separation of country.” He also said that the issue of Bangalee and non-Bangalee is a trick of Hindus to separate Muslims. He commented at the same time that it is impossible to make a nation combining Hindus and Muslims without mentioning the question of language. Accused requested all Muslims to remove the Bangalee-non Bangalee mentality. By making these comments, he, in fact cornered Hindus and made them a target of attack. Actually, because of these inciting statements, Hindus were wiped out and slaughtered. [Daily Sangram, July 19, 1971]

7.3.11 On 02.08.71, in a conference arranged by Pakistan Jamat-e-ta’laba-e-arabi’a in Dhaka University gymnasium, presided by Dr. Hasan Jaman, accused delivered a speech. He addressed contemporary situation as ‘war situation’ and told this war is not only an armed clash but also a clash of ideology. He further added that we have to be the winner. Accused addressed that situation as war and compared with the ideological movement, which, according to Islamic context, was “Jihad”, that is applicable only against non-believers. He addressed that situation as a war, which clearly indicates the incitement to wipe out opponent’s political power and different religious faith. Because, the main argument of a war is an armed clash, There are two underlying meanings of addressing that situation as war, which clearly indicate the incitement:

First: According to the judgment of accused, Hindus, supporters of Awami league, partly Muslim (explained before) and freedom seekers, each of them were considered as the opponents of the war.

Second: The main task of so-called patriot, that means Razakar, Al-Badr, Al-Shams, Jamat-e-Islami etc. would be to wipe out above-mentioned opponents. [Fortnightly Report on Political Situation, for the first half of August, 1971, from special Branch, East Pakistan, Dacca. Secret No. 13 of 1971 Para 19]

7.3.12. Accused sought to bulldoze the so-called ‘offenders’ in a worker conference of district Jamat-e-Islami in the municipal hall of Khulna. In his eye, the ‘offenders’ were the common people of the country who wanted to free our country from the attack of invading army, the members of political party who won in the 1970’s election and wanted to see an exploitation free country, and Hindus. Besides, he requested everybody to amass under Jamat-e-Islami. Accused also criticized Sheikh Mujibur Rahman and his banned party men for bringing the six-clause declaration to create turmoil in the country. His call of wiping out so-called offenders indicates the incitement of above-mentioned crimes. [Fortnightly Report on Political Situation, for the first half of August, 1971, from special Branch, East Pakistan, Dacca. Secret No. 13 of 1971 Para 11]

7.3.13. In a conference of Kushtia peace committee in the Public library grounds, accused said that Sheikh Mujib and banned Awami league cheated us by shaking their hands with India. He also mentioned that our people were in tremendous trouble only because of their deceit and our future generation would never forgive them. In this context, he stated the sacrifice of Muslims in the movement of independence. Accused Professor Golam Azom requested the people to keep an eye on the so-called “offenders” and “rebellions”, which is clearly incitement to commit crime. [Daily Sangram, August 08, 1971; Daily Pakistan August 08, 1971; Daily Azad, August 09, 1971]

7.3.14. On August 14, 1971, in the 25th independence day of Pakistan, accused gave a statement in where he mentioned that Pakistan was threatened by internal and external enemies and the peace and unity were under turmoil. He asked everybody to respond to these threats and actualize the true purpose of creation of Pakistan. He also said that if we failed in this endeavor, then we would be a demolished and crippled nation. His call to actualize the true intention of Pakistan, and otherwise, the possibility of become demolished and crippled nation obviously indicate incitement. [Daily Sangram, August 16, 1971]

7.3.15. On 14.08.71, the 25th independence day of Pakistan, the accused told a conference arranged by peace committee in Curzon Hall that “if Pakistan stays then Bangalee Muslim will get their right and if not then there will be no existence of Bangalee Muslims”. He asked to wipe out those people who did not confer with his words. By explaining the existing situation, he told, “Pakistan had enemies outside her before but now she has many enemies internally”. These internal enemies are more dangerous than outsiders are, he added. Giving much importance on establishing strong connections between army and peace committee, he said ‘peace committee is performing well in safeguarding our country. He added more that if peace committee did not let the world know that people of this country wanted to keep united Pakistan, then situation might turn off. Accused said that the duty of army is to protect the country and peace committee should perform the duty to inform the people. Moreover, he emphasized the need to find out enemies who hid out in this country. He also said in his speech that they would make their Bangalee brothers understand the significance of united Pakistan and if they did not comprehend it, then they would be deported from this country. In his speeches, he actually indicated freedom seekers as ‘home-grown enemies’ and wanted to find and wipe them out, which clearly indicated his incitement to commit crime. [Daily Azad, August 16, 1971; Daily Pakistan, August 16, 1971; Daily Purbodesh, August 16, 1971]

7.3.16. On 17.08.71, in an open discussion with journalists in Lahore airport, accused said, “India has sent arms and infiltrators into Pakistan in order to separate Pakistan and hence Pakistan has only one way to respond through arms.” Accused clearly ordered to respond these so-called ‘offenders’ by arms, which was clearly an incitement to commit crime. [Daily Purbodesh, August 18, 1971; Daily Pakistan, August 18, 1971]

7.3.17. In a welfare ceremony of Jamat-e-Islami in Lahore on 23.08.71, accused said, ‘many Jamat workers have lost their lives by offenders only for opposing secessionists and uplifting Islamic ideology.’ He also said that East Pakistanis sacrificed their lives because they loved Islam. In the time of his speech, according to his political ideology, he questioned, whether any other political party dared to meet the public in every part of the country in front of the threat of Awami league and whether any party sacrificed their lives by supporting the unity of Pakistan without Jamat-e-Islami. He added that Pakistan was born by the power of Islam, in 1965s war they safeguarded this country with this power, and again they dismissed the Indian endeavor to divide Pakistan. Mentioning the sacrifice of his party men’s lives to protest so-called secessionists/offenders and convening his followers to put down so-called secessionists, he gave stimulation to commit crime. [Daily Pakistan, August 24, 1971]

7.3.18. In a speech in town hall, Peshawar on 26.08.71, accused said that the loss incurred by the secessionists could not be reimbursed by only slogan. This citation was actually an incitement to his collaborators to put down so-called secessionists, which indicates crime. [Daily Sangram, August 28, 1971; Daily Purbodesh, August 29, 1971; Daily Pakistan, August 29, 1971; Daily Azad, August 28, 1971]

7.3.19. Accused gave a stimulating message on defense day on 05.09.71. In his massage, he convened people to be strict in Pakistani ideology and sacrifice their lives to protest internal and external enemies. The key intention of his message was to tell Jamat-e-Islami, Al-Badr, Al-Shams, peace committee and others to be prepared for the war, which was undoubtedly incitement to commit crime. [Daily Sangram, September 6, 1971; Daily Pakistan, September 6, 1971]

7.3.20. In an interview given in the first week of September, accused not only showed his control over his organization but also gave incitement to his party as well as he ascertained a deep relationship between Jamat-e-Islami and Razakar militia. He said Bangladesh could not be a place for the islamists and that’s why Jamat workers were bound to be admitted in Razakar militia. He also added that Jamat workers may be killed but they would not be diverted. He again said, he observed Jamat workers’ unbroken confidence by the grace of Allah when he visited Chittagong, Rajshahi, Khulna, Jessore, Kushtia and so on after March 25. He convened people to free East Pakistan from so-called “aggressive nationalists” in his language. He ordered Jamat men to be admitted into Razakar militia to assist Pakistan army and ascertained it by visiting throughout the country. Hence, he promoted violence. By giving order to free East Pakistan from so-called “aggressive nationalists”, he re-ascertained incitement to commit above-mentioned crime. [Daily Sangram, September 08, 1971]

7.3.21. In a gathering on occasion of Mostofa Al-Madani day in Baitul Mukarrom Mosque, accused announced “rebellions” as enemy of Islam. Such kind of stimulating speech and article was generally an incitement to commit crime. Therefore, his motivational speech again proves his crime of incitement. [Fortnightly Report on Political Situation, for the first half of September, 1971, from special Branch, East Pakistan, Dacca. Secret No. 15 of 1971 Para 18]

7.3.22. Accused again delivered inciting speech in a conference in Curzon Hall, Dhaka University arranged by Islami Chhatrasangha, a student wing of Jamat-e-Islami. He told his party men that they could only make Pakistan everlasting. In reality, safeguarding Pakistan means safeguarding Jamat-e-Islami and other collaborating organizations and these speeches were incitement to commit crime. [Daily Sangram, September 12, 1971]

7.3.23. Accused visited a physical education center of Razakar in Mohammadpur, Dhaka. This physical education center was not only a training center but also was a name of horror in 1971. In fact, this center was a torture and killing cell. In this training center, they practically trained Razakar how to torture, kill etc. Accused visited this training center and give inciting speech to motivate them. In his speech, he used religious sentiment to sacrifice their lives in order to protect Pakistan. He called ‘Alem and Islamists’ to be admitted in Razakar Militia besides Jamat men. His visit of this torture cell proves his relation with crimes committed there and this is the proof of his incitement to commit crime. [Daily Sangram, September 18, 1971]

7.3.24. Accused said in a welfare summit arranged by Jamat-e-Islami, Dhaka city in a hotel that they treated Islam and Pakistan as identical and Pakistan is the home of Islam. He also added if Pakistan were not exist then Jamat workers would have no reason to live. In this context, he said that Jamat workers threw them into danger to keep the unity and tranquility of Pakistan. Accused made responsible the devastating activities of offenders for the recent turmoil. By combining Islamic ideology with the unity of Pakistan and making responsible so-called offenders for their devastating works, he actually incited people to commit above-mentioned crime. [Daily Sangram, September 26, 1971]

7.3.25 In the supreme committee meeting of Jamat-e-Islami in Dhaka, accused delivered a stimulating inaugural speech to commit crime by using religious and this sentiment. He called his followers to sacrifice everything in order to portect Pakistan. He said, ‘safeguarding Pakistan is their religious duty and this belief is working as the lubricant to their party men. The underlying meaning of safeguarding Pakistan was to kill and exile selected Bangalee Hidus, Progressive activists, intellectuals and common people to ascertain Pakistan only for true Muslim in their language. This type of convening speech was definitely an incitement for the army and their local collaborators to commit crime. [Daily Sangram, October 04, 1971]

7.3.26 On 23.11.1971, accused told the press, when he came to Lahore to join action committee meeting, attack would be the best defense for Pakistan. He said that attack would be the best option for Pakistan to be a respectable state. Accused demanded that the Razakar, peace committee members and all patriot people to be equipped with modern arms to keep peace by mentioning so-called ‘terrorist activities’. By demanding this unusual claim he, in fact, gave incitement to commit crime. [Daily Sangram, November 24, 1971]

7.3.27 Accused said in a welfare conference of central working committee of Jamat-e-Islami in a hotel in Lahore that in order to respond the attack of India, Pakistan should attack India from the West Pakistan. In addition, he requested president Yahiya Khan that if he failed to attack India then they would get the opportunity to divide Pakistan. By convening to attack India directly, he ultimately gave an incitement to commit crime. [Daily Sangram, November 26, 1971]

7.3.28 Accused met with Yahya Khan in a 70-minute long personal meeting and afterwards met the press. He again demanded to increase the number of Razakar militia to the president. He also said that people would assist army and Razakar militia was enough to destroy the ‘enemies’. This demand for increasing the number of Razakar and protesting the ‘enemies’ by the Razakar were clearly the incitement to commit crime. [Daily Ittefaq, December 2, 1971] 

Tribunal Chairman Justice Nizamul Huq said, that the frame-charging would be continued whenever the court got time. No specific date was set.