Prosecution Haider Ali first came to the dais and sought permission for an adjournment on Delwar Hossain Sayedee’s matter as they were not able to produce witness before the court today. The Tribunal granted the prayer.
Gholam Azam frame-charging application (continued)
The prosecutor Saiful Islam continued to read out the charge frame application (previous hearing on this matter can be found here)
Gholam Azam frame-charging application (continued)
The prosecutor Saiful Islam continued to read out the charge frame application (previous hearing on this matter can be found here)
7.4. International crime of complicityChief prosecutor came to the dais.
Complicity to commit crimes mentioned in section 3(2) of the International Crimes (Tribunals) act, 1973 as crime under section 3(2) (h) of the International Crimes (Tribunals) Act, 1973 are mentioned here:
7.4.1. Convict’s strong support for the crime committed by the military from March 25 to April 04 clearly indicates his complicity to commit crimes. 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. Other than him in that delegation team, there were 12 members - 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 was held at 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. Not only his participation in that meeting but also his complete support to their activities proves his complicity to the crime committed by Pakistani army from March 25 to April 04 and thereon. [Daily Sangram, April 06, 1971]
7.4.2. On 06.04.71, accused met again military ruler General Tikka Khan in a personal meeting and gave his full commitment to help army in order to bring back peace and tranquility. He showed anxiety about the interference of India and sending Indian infiltrators into Pakistan. He gave his full support to assist the army by his organizational workers, which proved again his complicity to the crime committed by the Pakistan army undoubtedly. [Daily Azad, April 07, 1971; Daily Pakistan, , April 07,1971; Daily Purbodesh, April 07,1971]
7.4.3. In order to assist the attack of Pakistani army, commit crimes, torment and suppress activity of common people, they increase the number of peace committee to 140 members, in where accused was in third position in the organizational hierarchy. It is also mentionable here that this increased peace committee members were given the duty to control local branch of peace committee in unions, moholla and locality. Accused was a high command in this committee and the aim of forming this committee was to assist army in several ways as well as committing crime by their own, hence he has complicity to these crimes. [Daily Azad, April 11, 1971; Daily Pakistan, April 11, 1971]
7.4.4. With the same purpose, criminal organization ‘Nagorik Peace Committee’ had been changed to “Central Peace Committee” in order to conduct all its activities perfectly. The reason was to spread out the activity of this committee throughout the country. At the same time they formed an action committee consisting 21 members and accused was the third member of this committee. They formed district and Mohokuma sub-units to actualize its purpose. Other members were- (1) Mr. S.K. Khayer Uddin, (2) Mr. A.Q.M. Shafiqul Islam, (3) Mr. Mahmud Ali, (4) Moulana Siddique Ahmed, (5) Mr. Abdul Jobbar Khoddor, (6) Mr. Abul Kashem, (7) Moulana Sayed Mohammad Masum,(8) Mr, Abdul Matin, (9) Professor Golam Sarwar, (10) Barrister Akhter Uddin, (11) A.S.M Solayman, (12) A.K. Rafiqul Islam, (13) Mr. Nuruzzaman, (14) Mr. Ataul Haque Khan, (15) Mr. Toyaha Bin Habib, (16) Mr. Yousuf Ali Chowdhury (Mohon mia), (17) Major Afser Uddin, (18) Dewan Barasat Ali, (19) Peer Mohsen Uddin, (20) Hakim Irtezur Rahman. Accused was the leader of this Action committee and since the purpose of forming this committee was to assist crimes committed by invading army and he himself was to keep direct role in these crime, thus his complicity to crime undoubtedly became evidenced. [Daily Azad, April 16, 1971; Daily Pakistan, April 17, 1971]
7.4.5. According to a report of Daily Paygam 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 Military to safeguarding Pakistan in this critical situation. His speech undoubtedly supports crimes committed by army and their collaborators and this is enough proof for his complicity with crimes. [Daily Paygam, May 22, 1971]
7.4.6. His complicity with several crimes committed by army are proved by a speech given to the press at Lahore airport on 18.06.71. In his speech, he directly refused to transfer power to the elected people’s representatives instead he supported the army’s activities and crimes throughout the country. Besides, he mentioned the elected people’s representatives were considered illegal. Actually, the invading army gave this announcement. He also mentioned that he would discuss with the president Yahya Khan in Rawalpindi about how to improve the collapsed situation of East Pakistan. These consecutive events evidently proved his connection with the incidents going on in East Pakistan. Accused identified the freedom seekers as ‘offenders’ and their just activities as ‘Devastating’, which clearly indicated his definite support to the invading army and their crimes. He along with his follower auxiliary forces gave commitment for complete support to the Pakistani army and at the same time, they demanded to seize so-called ‘offenders’ in order to suppress the movement. [Daily Sangram, June 19, 1971; Daily Azad, June 19, 1971; Daily Pakistan, June 19,1971; Daily Purbodesh, June 19,1971; Daily Ittefaq, June 19, 1971.]
7.4.7. Evidence of complicity of the Accused with Pakistani army’s committed crime across the country found more vigorously from the subject matters of his discussion with the president Yahya Khan in Rawalpindi on 19.06.71. and subsequent speech before the press. After the meeting he said, “Those people are not friend of Pakistan who do not have any support to the Pakistan ideology.” By agreeing with the military rulers, he identified the Bangalee freedom seekers as “offenders” and committed himself to protest them strongly. In front of the press, he requested the government to supply arms in order to protest the so-called offenders. Noted here, he mainly categorized the members and leaders of Al-badr, Al-Shams, Razakar, Al-Mujahid, Peace committee, and Jamat-e-Islami as believers of Pakistani ideology and unity. He recommended making these so-called patriots armed so that they could play strong role to suppress and put down offenders and rebellions who were the freedom seekers. [Daily Sangram, June 20, 1971]
7.4.8. As a chief of Jamt-e-Islami, accused described the overall situation of Bangladesh and action plans in a press conference in held in headquarter of Jamat-e-Islami in Lahore, West Pakistan on 20.06.71. He demanded that the so-called offenders were still active and to protest their activities, the purported ‘peace seekers’, according to his language, should have been armed. Here, he meant the leaders of Al-Badr, Al-Shams etc. auxiliary forces, which were actually criminal organizations as ‘peace seekers’. Though he talked about the personal safety of these leaders, actually he indicated the destruction of so-called ‘offenders’ indirectly. The position of Pakistani army and the blue print to equipped so-called ‘peace seekers’ with arms in order to wipe out freedom seekers of Bangladesh ultimately indicated his complicity to commit crimes. [Daily Azad, June 21, 1971]
7.4.9. Accused praised heavily the armed forces of Pakistan in putting down the secessionist’s movement in a speech given to the party men in their office in Lahore on 21.06.71. He said there was no alternative to keep unity of Pakistan other than army action. This speech conferred his complete support to the military oppressors and hence proved his complicity to commit crimes. [Daily Sangram, June 22, 1971; Daily Azad, June 22, 1971; Daily Pakistan, June 22, 1971]
7.4.10. On 22.06.71, accused told the press in a conference, held in a hotel in Karachi that East Pakistani would always live peacefully with their brother West Pakistani in order to keep their existence. He added that the main purpose of six-clause demand by banned Awami league was to be separated from West Pakistan. He requested the government to ban those political groups who started movement (according to accused ‘secessionist movement’) by stating six-clause demand and those who motivated people (according to accused ‘make people excited’) for the liberation of East Pakistan. He also requested to bring back people’s confidence by protesting so-called offenders and rebellions. Jamaat leaders applauded Pakistani army for taking necessary steps to safeguard Pakistan from being destroyed, actually which was nothing but suppression and crimes. He told his followers and others to bring back ostensible ‘normality’ and therefore, they have to work with excellence and assist the authority properly. Supporting the military oppressors, calling people to assist them, and participating directly to the suppression if necessary, all of these activities of the accused clearly indicated his complicity to the crime. [Daily Sangram, June 23, 1971]
7.4.11. Local peace committee arranged a public meeting at the field of Jessore public library of grabbed Bangladesh at any time on 06.08.71. The accused has named Awami league as “India’s agent” and Sheikh Mujib as “traitor” in that public meeting. The accused states about the necessity of sacrifice to be independent from under the predominance of Hindus. The accused stated that bangali Hindus grabbed Bangladesh as conspirators t. The accused calls the people for assisting peace committee and authority to protest against the awami league and bangali Hindus naming them as “miscreants” and “rebels”. Here, calling people, he indicates the auxiliary forces including Jamat e Islami, peace committee and Razakars, over whom he had the dominance and authority. And the accused gave thanks to the achievements of the Military to protect the unity of Pakistan through “taking steps at proper time” and made a prayer. Here the term “proper time” is meant to taking steps by Pakistan Military at the convenient time and “taking steps” is meant to completely suppress the Bangali civilians on the side of independence whom they would call as “miscreants and rebels”. By this the accused conforms/ expresses uniformity with the Pakistani Military and fully supports the crimes committed by them. These statements of the accused express the call for full support of all to the Pakistan Military authority; and his thanks to Allah and thanks to the Pakistan Military for their activities prove his support to them. And this indicates the clear complicity of the accused to the criminal activities done by the Pakistan Military. [The Daily Sangram, August 8, 1971; The Daily Pakistan, August 9, 1971; The Daily Azad, August 8, 1971; Fortnightly Report on Political Situation, for the 2nd Half of August, 1971 from special Branch, East Pakistan, Dacca. Secret No. 14 of 1971 Para 12]
7.4.12 The accused of this case was present in the meeting of Central Council of Pakistan Jamaat e Islami presided over by Assistant Chief Moulana Abdur Rahim at Lahore of the then West Pakistan on 20.08.1971. With the help of other councilors present at the meeting, the accused gave his complete assent to the steps taken by the Pakistan Government to prevent the “arm rebellion” of Awami League which was declared as illegal. It should be noted that the preventive activities of the Pakistan government were offences/ crimes. Giving “full support” to those criminal activities, the accused expressed clear proofs of his ‘complicity’ with those criminal activities. [The Daily Ittefaq, August 21, 1971]
7.4.13. A press conference takes place at peshwar of the then Pakistan at any time on 26.08.71, the accused gives speech there. The accused, in his speech, stated the rebels against Pakistan as “mirjafari” (act like Mir Jafar), and said that the Military has protected the pakistan from the conspiracy of India. Here, he stated rebels against Pakistan as “Miscreants and trespassers” and Awami League as “facists”. He also said the people of the grabbed Pakistan to fully assist the Pakistan Military in order to destroy them (AL and Rebels). Here he means the criminal activities committed on them by using words “destroying miscreants, trespassers and facists”. And here ‘people’ is meant to members of all the auxiliary forces under the control of the accused. These speeches of the accused show his call to all for the full support to the Pakistan Military Authority and support it by mentioning their activities; and this indicates the clear complicity of the accused to the criminal activities done by the Pakistan Military. [The Daily Sangram, August 27, 1971; The Daily Azad, August 27, 1971; The Daily Purbodesh, August 27,1971; the Daily Ittefaq, August 27, 1971]
7.4.14 In a workers (supporters) conference in Peshwar of the then Pakistan on 26.08.71 afternoon, the then Amir of Jamat e Islami and the accused of this Case expressed his cordial respect to the Military for protecting the undivided Pakistan in severe obstructing situation. He further said the loss which has been occurred in East Pakistan by a “group of separatist rebels’ cannot be remedied only by slogans.
In that speech the accused not only did support all criminal activities of the Pakistan Military but also called the supporters of his party to assist the Pakistan Military with arms using the phrase “cannot be remedied only by slogans”; by this he gives clear proof of his complicity in the crime. [The Daily Azad, August 28, 1971]
7.4.15 In a press conference at Hyderabad on 30.08.71, the accused claimed that the national assembly should be dissolved and a new election should be held through a distinct election process. He further claimed strengthening the hands of the so-called “patriots and Islam-loving people”. By words “patriots and Islam-loving people” he meant the people those were on the side of undivided Pakistan and the assistants of Pakistan military. He further said that these people helped to control the situation of grabbed Bangladesh. Here the words “controlling the situation” were to mean eliminating the forces on the side of liberation of Bangladesh and people of their ideology, whom he stated as “miscreants, rebels and anti-state people”. The accused also stated about the help of the so-called patriots of Pakistan to the military and administrative authority in eliminating those. By expressing “cordial thanks” to thanks to the military in his speech, the accused did support their criminal activities. The accused stated about the important contribution of Zamiat e Tolaba e Arabia, Islami Zamiat e Tolaba and the Peace Committee in preventing this so-called “miscreants and Indian Agents”.
Beside this, he stated about the life sacrifice of about 500 to 700 members of auxiliary forces in protecting the country i.e., protecting the unity of Pakistan. Here the stating the importance of the contribution auxiliary forces by the accused proves his connection with criminal activities of the Pakistan Military. Here, through the speeches of the accused, the connection and support to the criminal activities of the Pakistan Military by the accused and the auxiliary forces under his control, and it proves his complicity. [The Daily Ittefaq, September 1,1971; The Daily Pakistan, September 1, 1971]
7.4.16. In a press conference held at the office of Jamat e Islami at Karachi on 31.08.71, the accused has shown respect to the Pakistan Military for their contribution in “protecting the Pakistan”. Here the acused meant the protection of undividedness of Pakistan through eliminating the people on the side of the liberation of Bangladesh by using the words “protecting the Pakistan”. He stated the people on the side of the liberation of Bangaldesh as so “called non good Muslim”. By mentioning this “non good muslim” he told them so-called “separationists” and stated about the activities of so-called “solely patriots” in eliminating them. By this, he expresses his support to the criminal activities made against the people on the side of the liberation of Bangladesh and his connection to that. Beside this, praising the activities of the Razakar he clearly proves his support, complicity and connection to their criminal activities. So, the above speech of the accused clearly indicates his support, complicity and connection to the criminal activities of Pakistan Military and their auxiliary forces and it proves his complicity. [The Daily Pakistan, September 2, 1971]
7.4.17. The accused, in a discussion meeting of the Jamaat-e-Islami (JI) leaders held on 3.9.71 at the office of the Dacca city unit of the party at 91/92, Siddiq Bazar while discussing about political as well as law and order situation, stressed the necessity of getting back the normal situation. And took the decision to eliminate the “rebels and anti-social elements” in order restore the normalcy in the country. Here he meant by words “rebels and anti-social elements” to those are civilians and the people on the side of the liberation of Bangladesh. Attending of the accused in such type of decision makes clear of his support, connection and complicity in the process of eliminating the people on the side of the liberation of Bangladesh and it proves his complicity. [Fortnightly Report on Political Situation, for the first Half of September, 1971 from special Branch, East Pakistan, Dacca. Secret No. 15 of 1971 Para 15]
7.4.18. The accused gave a statement in Dhaka of grabbed Bangladesh on 10.09.71 in which he recommended to include knowledgeable, orator and intellectual persons in Pakistani delegations in upcoming General Assembly of United Nations. Because he thinks that, there is serious crisis in the country and there may be conspiracy against them in upcoming General Assembly of United Nations and they have to face many debates. So, according to the accused, in selecting the representing team, the question of person or personality is not important rather the question of protecting national solidarity is important. Here the accused is recommending sending the “knowledgeable, orator and intellectual persons” because he knows that they will be questioned in united Nations for the oppression, suppression, genocide and crimes against humanity which the Pakistani rulers committed through the military forces upon the residents of grabbed Bangladesh. And for that reason he likes sending of such representative team who can give the explanation of these activities. This type of recommendation of the accused clearly exposed his complicity, connection, linkage to the crimes committed by the Military Forces and their auxiliary forces and it exposed his support to this crimes and it proves his complicity. [ The daily Sangram, September 11, 1971; Fortnightly Report on Political Situation, for the first Half of September, 1971 from special Branch, East Pakistan, Dacca. Secret No. 15 of 1971 Para 17]
7.4.19. The accused, at the middle of the September of 1971, while congratulating the newly appointed ministers under the Pakistan Military Junta, praised the expeditions of the military, and stated about the effort of the local and central peace committee to restore the peace in the country. The accused wished that the newly appointed Ministers will do better than these Peace Committees. By this statement of the accused, he expressed uniformity with the criminal activities of the Pakistan Military and the peace committee, he supports them and exposed his participation with their activities and it proves his complicity. [ The Daily Sangram, September 19, 1971; The Daily Pakistan, September 21, 1971]
7.4.20. On 21.09 Tuesday, in a statement made addressing the General Assembly of United Nations, the Amir of East Pakistan Jamat e Islami and the accused of the present case says that, the people of the east Pakistan were to take shelter in the various refugee camps of the frontiers of India leaving their home as they were compelled by the situation. He further claims, in that statement made addressing the General Assembly of United Nations, that the India should be compelled, through the authority of the United Nations, to send back the refugees to their own country. Some issues are to be looked at in this statement of the accused. As to under what “compelled situation” the refugees have left the country he did not mention being intended to mislead the people. Because the afraid people took shelter in the refugee camps of neighboring countries as being compelled to leave the houses and countries in order to protect themselves from country-wide criminal activities of the Pakistan Military and various auxiliary forces, elimination measures of specific organizations and other oppression and suppression. The immensely miserable life in refugee camps was more safe than to live in the country and it was absent in the statement of the accused. It is also necessary to mention that the accused was by all means connected to those criminal organizations, the criminal activities of which the auxiliary forces have increased and accelerated the extend and degree of leaving the country. A deeper criminal malicious intent is embedded in this statement of the accused.
The step to bring back the people primarily taking security in the refugee camps was a plan to bringing back the victims of country-leaving within the scope of Pakistan Military and auxiliary forces, so that it becomes possible to start the elimination, incomplete murdering and other criminal activities with a new esteem. Both meanings, of the statement addressing the General Assembly of the United Nations made by the accused, prove the criminality and complicity with the committing of crime. [The Daily Sangram, September 22, 1971; The Daily Pakistan, September 22, 1971]
7.4.21. The accused Ghulam Azam, while giving speech in a congrats ceremony to Provincial education Minister Abbas Ali Khan and Revenue Minister Mowlana A K M Yusuf arranged by Jamat e Islami of Dhaka city, said about sending the members of Jamat e Islami to Razakar force and peace committee. He said that, the two persons joining the cabinet were forced by the Jamat e Islami to take the responsibility, and the Jamat Islami has sent them in the cabinet for the same purpose as they have sent people in the Razakar force and in the peace committee. The accused further said that, what we did to restore the “peace” in the country we sent the people in the cabinet for the same purpose. Information, of sending the people of his party to the Razakar force and peace committee the auxiliary forces of occupier Pakistan Military in the name of so-called restoration of “peace”, directly proves the criminality of the accused and complicity with committing of same. [The Daily Pakistan, September 26, 1971; “Bangladesher Shadhinota Juddho-Dalilpatra, Seventh volume”, edited by Hasan Hafizur Rahman, Page: 688-689]
7.4.22. On 16.10.71 Saturday, while giving speech in a public meeting held on the yard of Baitul Mukarram arranged by the Jamat e Islami, the accused said that the solidarity of Pakistan must be endured for the sake of the existence and protection of the rights of Banglaee Muslims. Accusing the so-called “extremists” of illegal-declared Awami league for the crisis of the country he says, Jamat e Islami is restlessly working in the whole country through the Peace committee for establishing the non-military government. This statement of the accused clearly proves his complicity with the various criminal activities of the Pakistani Force and of the Peace committee. Because the non-democratic government project forcefully implemented by the Pakistan Military Junta instead of transferring the power to Awami League the political power elected by the general people with absolute victory in the election, the country-wide genocide and other criminal activities were preplanned way of implementing the said project. [The Daily Sangram, October 17, 1971; Fortnightly Report on Political Situation, for the first 2hd of October, 1971 from special Branch, East Pakistan, Dacca. Secret No. 18 of 1971 Para 14]
7.4.23. On 26.11.71 after returning in Rawalpindi from Lahore of the then West Pakistan, the accused, while discussing with the journalists, praised the contribution of Razakars and claimed to provide latest weapons for them. He commented that, as a result they will be able to vanish the miscreants. In 1971, as a criminal organization, the criminal activities of the Razakar force were spread in the whole country, and it (Razakar) was constituted by the effort of Pakistani Junta basically with the members of Jamat e Islami. By praising to the “contribution” of such organization, the accused not only expresses his undoubted consent to the crimes committed by them beyond reasonable doubt but also proves his organizational and consensual complicity in the light of the existing relation between Razakar Force and Jamat e Islami and it’s the then Amir. [The Daily Purbodesh, November 27, 1971]
7.4.24. At morning of 28.11.71, while giving speech in a meeting of United Coalition Party (UCP) held at Rawalpindi of the then West Pakistan, the accused said that the United Coalition Party (UCP) led by Nurul Amin is hard determined to protect the Ideology and solidarity of the State. He made a request to President Yahiya khan to visit the East Pakistan without any delay in order to get the assistance of so-called patriot people more effectively. He said, all the patriots of East Pakistan are working with unity and a coalition of six political parties was made to compete in the by-election of East Pakistan. The accused further said that the members of coalition party and Razakars are sacrificing their lives in protecting the country. He clearly acknowledge that he and the organizations under him assisted the government in taking measures against the so-called “separationists” and “Anti-state” people, as because he thinks it as of a duty upon them. In the above mentioned speech, to the various criminal activities of the Military Junta of West Pakistan, the continuing of the assisting and supplementary criminal activities by various auxiliary forces in East Pakistan under it to establish the same target, the personal complicity of the accused is proved beyond reasonable doubt. [The Daily Sangram, November 1971]
Then Justice Zaheer Ahmed summed up the whole matter and said:
7.5 Murder and Torture as Crimes Against Humanity
The accused committed Murder and torture as Crimes against humanity under section 3(2)(a) of the International Crimes (Tribunals) Act, 1973:
Murder of 38 people including Siru Miah Darogah
Date of Arrest : 21.10. 71
Time of Arrest: around 10am.
Place: Tantar Check post, Police Station- Kasba, District- Comilla
Date of committing crime: 21 .11. 71
Time: at night ending the day
Place of crime/ genocide: Slaughter-house and mass-grave adhering to Poirtola Rail Bridge, Police Station- Brahmanbaria
01. Siru Miah Daroga, Father- Late Amin Uddin Byapary, Sakin(Village)- Ramkrishnapur, Police Station- Homna, District- Comilla. (Working as SI in Mohammadpur Police Station of Dhaka in 1971)
02. Anowar Kamal (14), Father- Siru Miah Daroga, Sakin- amkrishnapur, Police Station- Homna, District- Comilla.
03. Nazrul Islam, Father- Late Abdul Aziz Sarker, Sakin- Sundalpur, Pollice Station- Daudkandi, Dist-Comilla. (was a student of BA (honors) in Bangla department in Dhaka University)
04. Abul Kashem, father-unknown, Sakin-unknow
Including the above 38 in toto name, identity and address of whom were not identified.
Description of the Crime: Siru Miah Daroga, Father- Late Amin Uddin Byapary, Sakin/Vill- Ramkrishnapur, Police Station- Homna, District- Comilla. He was serving in Mohammadpur Police Station as SI in 1971. Around 16 years ago he got married with Anowara Begum (70), Father- Late Ayet Ali Sarker, Vill- Ramchandrapur, Police Station- Muradnagar, Dist- Comilla. About two years after his marriage, his son Anowar Kamal was born. In 1971, Anowar Kamal studied in Matijhil Govt. Highschool in class X in Science group.
On 25 March 1971, at around 11.00 pm, SI Siru Miah went to his home situated at Chamelibag after he had seen Pakistani army coming to Mohammadpur Police Station. On 28th March he with his wife Anowara Begum, juvenile son Anowar Kamal and other relatives went, sometimes on foot, sometimes by boat, to his own home situated at Ramkrishnapur, Police Station- Homna, Dist- Comilla. Staying in his own house, he facilitated the refugee people who are bound to leave the country because of attack of the Pakistan Army and its auxiliary forces by arranging their meals and took initiative to send them to India. After 7/8 days, he went to India and returned to his home about a week later.
On 25 October 1971, Siru Miah Daroga along with his juvenile son Anowar Kamal, Nazrul, Abul Kashem, Jahangir Selim (now staying abroad) and Shafiuddin got out from own home towards India. Siru Miah was bearing a revolver and Shaheed Nazrul Islam was bearing another one.
On 27 October at around 10.00am, before entering into India, while arriving at Tantar Check post of Kasba Police Station, Razakars arrested and brought them in their camp. That time 5/6 of Pakistani army came there by army-jeep. They took that two revolvers from Siru Miah Daroga and Nazrul Islam. And tied Siru Miah and his son Anowar Kamal , Kasem, Shafiudden, Nazrul Islam and Jahangir Alam with cable and then heaved them on a rice carrying truck going to Brahmanbaria. At around 12.00pm, they had been got down from truck at a corner of Brahmnbaria town and brought in court building on foot. Leader of Peace Committee and Jamaat Leader named Peyara Miah came there and rebuked to them. 4/5 young people were with him.
They took off the watches, rings etc from their hands and brought them o foot at Razakar Manjil (Kalibari in front of Ananda School) at around 04.00/5.00pm. On the way, they were shown to people and it was being announced that, ‘special force had been caught with arms’.
After staying there a night, Peyara Miah and his people taking the arrested with them went to Dana Miah’s home situated in front o Brahmanbaria College in the morning. Pak armies used to torture them in a room that was situated at the ground floor of Dana Miah’s house. Peace Committee and Jamaat leader Peyara Miah supervised the torture procedure and he also tortured them. In other rooms of Dana Miah’s house also, the crying sound had been heard. After day-long torture, they had been kept in the detention cell of Brahmanbaria police station and in the morning, the Pakistan army, Peyara Miah and his people brutally torture them after bringing them again in Dana Miah’s home. Captain Ali Reza, Brigadier Sadat Ullah, Major Abdullah, Habildar Bashir Uddin from Pakistan army participated in torture in this centre. After torture of 2/3 days, SI Siru Miah, his son Anowar Kamal, Nazrul Islam, Abul Kashem, Jahangir Selim and Shafiuddin had been sent to Brahmanbaria prison.
Fazlur Rahman(late), the brother of Siru Miah’s wife Anowara Begum visited them in Brahmanbaria prison. Via him, Siru Miah’s son Anowar Kamal sent a letter to his mother on 01/11/1971.
Inhabitant of Brahmanbaria the accused Professor Ghulam Azam was Ameer of East Pakistan Jamaat-e-Islami and central leader of Peace Committee, having been known this fact, with the belief that he can make the all detainee including Siru Miah daroga and his son Anowar Kamal free, on 15th Ramadan,
Siru Miah’s wife Anowara Begum with his father Late Ayet Ali came to the home of his middle daughter Monowara’s husband Mohsin Ali Khan at Chowdhuripara, Khilgaon, Dhaka. Mohsin Ali Khan was then the teacher of Khilgaon Govt. School. Two sons of the accused named Azami and Amin were his student. In the request of Anowara Begum, her brother-in-law Muhsin Ali Khan met the accused at his Magabazar home then the accused said, Siru Miah Daroga and his son were freedom-fighters. They had been caught in border with arms- he knew it. He told him to come again after two days. As it is said, after two days, Muhsin Ali Khan went to Maghbazar in the acsused’s residence, he with Muhsin Ali Khan went, by car, to Jamaat’s office in Nakhalpara adhering to old parliament. Inside the car Muhsin Ali noticed the guard of Pakistan army. After several moments Ghulam Azam gave him an enveloped letter and ordered not to show that letter to anyone. He told him to deliver this letter to Peyera Miah, leader of Brahmanbaria Peace Committee. Muhsin Ali returned home with the letter and after delivering it to Anowara Begum, directed her in detail. Anowara returned home with this letter and delivered it to his brother Fazlur Rahman (Late). Fazlur Rahman arrived in Brahmanbaria and delivered the letter to the leader of Brahmanbaria Peace Committee Peyara Miah. After reading it, he showed Fazlur Rahman another letter written by Ghulam Azam where Siru Miah Daroga and his son Anowar Kamal had been ordered to be killed as identified freedom-fighters. Peyara Miah told Fazlur Rahman that, ‘the letter you have brought contains nothing new. Return home and remember ‘Allah’. Coming back to home Fazlur Rahman let Anowara begum know the matter and all family members burst into tears.
On 21 November ’71 at about 1.00am at night after day of Eid-ul-Fitr, including Siru Miah Daroga, Anowar Kamal, Nazrul, Shafiuddin Abul Kashem and 40 persons in total had been ascended in a lorry. After taking them in the lorry the left shafiuddin free in direction of Pakistani Brigadier Saad Ullah as shafiuddin could speak Urdu and he studied at Pakistan. The occupier Pakistan military and their auxiliary forces Razakars and Al-Badars brought the left 39 people at Poirtola slaughter-land. Pakistani army, with the assistance of Razakars and Al-Badars shot them and all were killed except an unknown person. One wounded was alive as of luck. Later, the Razakars and albadars buried dead bodies killed from shooting.
Crime: The accused is liable for Murder and torture as Crimes against humanity under section 3(2)(a) of the International Crimes (Tribunals) Act, 1973 as for killing of 38 people including SI Siru Miah, Anowar Kamal, Nazrul Islam and Abul Kashem according to the direct order of the accused and for torturing SI Siru Miah and Anowar Kamal.
8. Joint and individual criminal responsibility
There is joint and individual criminal responsibility of the Accused under section 4(1) of the International Crimes (Tribunals) Act, 1973 while having superior status. The accused is not liable only for crimes committed by himself but also for the crimes of the various individuals, organizations subordinate to him and under the organizational superstructure as because of his superior status. The organizations under such superstructure are: Jamaat e Islami, Islami Chhatra Sangha, Peace Committee, Razakar Force, Al Badar force, Al Shams, Al Mujahid etc. So, the nature of liability of the accused is joint and individual criminal responsibility. For example, here it is mentioned about some individuals and organizations who were under the leadership of the accused in organizational superstructure and acted accordingly and the accused has the joint and individual criminal responsibility for their criminal activities.
8.1 Mawlana Motiur Rahman Nizami
Mawlana Motour Rahman Nizami was the president of Nikhil Pakistan Islami Chhatra Sangha. The political activities of Nizami were started through the Islami Chhatra Sangha. During the liberation war of 1971, he was the supreme commander of Al-badar constituted with the aim of assisting the Pakistan Army. As a leader of Al badar he called for suppression on minority Hindu community. In an article published in the Daily Sangram the spokesman of Jamat e Isalmi, Nizami declared “It is our conviction that the day is not far off when, standing side by side with our armed forces, our youth will raise the victorious flag of Islam the world over by defeating the Hindu army and finishing off Hindustan.”
Al badar force engaged into rape, abduction and murder against the Bangali. Specially in 14 December 1971, as a part of blueprint of killing the intellectuals, al badar and Pakistan Military kidnapped countless doctors, teachers, writers, engineers and other intellectuals and killed them in a preplanned way.
8.2 Ali Ahsan Mohammad Mujahid
He was the president of Islami Chhatra Sangha of Faridpur District from 1968 to 1970. In January/February of 1971 he was nominated as the president of Islami Chhatra Sangha of Dhaka District, in July he was appointed as Secretary of Provincial (the then East Pakistan) Islami Chhatra Sangha [the Daily Sangram, July 8, 1971], And later, he perform the duties as president of Provincial Islami Chhatra Sangha. Al badar force was constituted with the members of Islami Chhatra Sangha. In that force, Motiur Rahman was the chief of the force till September 1971, and from October 1971 Ali Ahsan Mohammad Mujahid becomes the chief of that force.
8.3 Mohammad Kamaruzzaman
He took the duty of president of Islami Chhatra Sangha of greater mymensingh following the central command. Motiur Rahman Nizami was the president of Nikhil Pakistan Islami Chhatra Sangha at that time and Ali Ahsan Mohammad Mujahid was the General Secretary of Provincial Islami Chhatra Sangha. When Ali Ahsan Mohammad Mujahid was the President of East Pakistan Islami Chhatra Sangha Kamaruzzaman was office secretary of Provincial Islami Chhatra Sangha at that time. Mohammad Kamaruzzaman is the Assistant Secretary General of Jamaat Islami Bangladesh. He is the editor of Weekly Sonar Bangla, and ex-executive editor of the Daily Sangram the spokesman of Jamaat e Islami. Descriptions of the anti-liberation activities and war-crimes of Kamaruzzaman during the liberation war of 1971 are known from the newspapers of that time, Books relating the History of liberation war and from the victims. In 1971, as the appointed President of Islami Chhatra Sangha of grater mymensingh a student wing of Jamaat Islami, Kamaruzzaman performed the prime duty of organizer in constituting the first Al badar force with the selected obedient leaders and workers of Islami Chhatra Sangha in Ashok Mahmud College of Jamalpur Mohkuma in 22nd April, 1971. Within a month all the workers of Islami Chhatra Sangha of grater mymensingh were enlisted in the Al badar force under the leadership of Kamaruzzaman and after a short military training, they committed kidnapping, detention, torture, murder, genocide etc. various types of crimes against the Hindu-religion-followers and armless civilians in those areas, such as: Kishoregonj, Netrokona, Sherpur, Jamalpur, Mymensingh sadar. Besides, looting in town-city-villages, arson etc. various crimes were continued, and it forces the other people including Hindu community to leave the country.
8.3 Abdul Kader Molla
Abdul Kader Molla joined Jamaat Islami in 1977. before the beginning of liberation war Abdul Kader Molla was the president of Islami Chhatra Sangha of Dhaka Shahidullah Hall in 1970. He contributed in constituting Al badar force at local level with the members of Islami Chhatra Sangha.
9. Overall discussion of Crimes of the Accused
The issues, which have been proved beyond reasonable doubt basing on the above stated information and description of the facts, areSuperior Status of the Accused
9.1 Firstly, superior status of the accused. There were two sides of this status. One, the actual superior status of the accused in organizational superstructure constituted with the combination of Jamaat e islami and various auxiliary forces; and two, recognition of the superior status of the accused in consideration of the Pakistan Military Junta and other supreme leaders of West Pakistan.
9.2 The superior status of the accused in view of the Pakistan Military Junta and other supreme leaders of West Pakistan and accordingly its recognition is proved by- starting from the Attack of Pakistan Military in March 25 and country-wide genocide to the facts of one after one meeting with the Pakistani rulers and Martial Law administrators in various meeting at the higher level. As published in the news papers, the accused met with Pakistan’s President Yahya Khan at least twice including once personally; the accused met Chief Martial law Administrator Lieutenant general Tikka Khan at least twice including once personally; the accused was selected from amongst the leaders of East Pakistan to inform the President of Pakistan about the updated situations. Selecting the accused to give speech before the nation on Pakistan radio (state), and to call the Arab state-chiefs against the liberation of Bangladesh, and the call for binding the refugees bound to leave the country to come back to the country addressing to the United Nations- these various facts proves the superior status of the accused beyond reasonable doubt.
9.3 In 1971, meaning at the time of commission of crimes stated in this charge-sheet, the accused Ghulam Azam was at the supreme position of leadership as Amir or Chief of Jamaat Islami of the then East Pakistan (present Bangladesh). The accused had the express or implied organizational control and dominance over his individual and over each of other organization or force within the organizational superstructure of Jamaate Iaslami. These organizations and forces are:
One, “Islami Chhatra Sangha”, which is ideologically and organizationally connected completely with Jamaate Islamin as a student wing. Islami chhatra Sangha and its main organization Jamaate Islami were under the control and dominance of the accused;
Two, “Peace Committee”, the organization was spread through its branches in every union and Moholla and the leadership of which was on its central Peace Committee, the accused of the present case was at the leading position of it. Notable that, the leaders of the Peace Committee were chosen from amongst the members of Jamaat-e Islami and the position of the accused of the present case was at the leadership of the Central committee as the third superior leader;
Three, Jamaat-e-Islami not only provided members of the Razakar force constituted by the Ordinance of the Pakistan Military Junta through the leaders and workers of the party, but also provide arms, identity card and ammunition to the said force.
Four, the Killer elite force Al badar was constituted as distinct part of the Razakar Force, and the members were collected directly from amongst the skilled and obedient members of Islami Chhatra sangha. Beside the assistance to the criminal activities of the Pakistan military Al-badar force was assigned to conduct other various criminal activities of itself, one of which is eliminating the intellectuals before the surrender of Pakistan Army.
9.4 The mandate and work-plan of the above stated organizations and forces render them criminal organizations. The accused was solely connected with the organizational superstructure of the collectivity of these criminal organizations from the position of leadership and dominance, and he was in the position applying and spreading the leadership and dominance.
Contribution of the accused in the Conspiracy of the Criminal Activities
9.5 The accused put his his effective contribution to the commission of crimes under section 3(2) of the International Crimes (tribunals) Act- 1973 individually and by using his superior status under the organizational superstructure . On the one side, he did conspiracy in order to establish organizational super structure to commit crimes under section 3(2); among those- conspiracy in meeting with Mawlana Abul Ala Moududi the supreme leader of Jamaate Islami of Pakistan, conspiracy in the meeting with Yahiya Khan the President of Pakistan, conspiracy in meeting with Lieutenant General Tikka Khan etc. The issues which were discussed in those conspiring meetings are as follows: to determine the effective measures to suppress and eliminate the strength on the side of liberation in the then East Pakistan, to provide the arms to the auxiliary forces and the leaders, workers and supporters within the internal circle of their own organization so that they can contribute more effectively in criminal eliminating process, to conspire about how the existing units under the own organizational superstructure can contribute more effective assistance in the crimes of Pakistan Military etc.
Contribution in Planning of Crimes and Commission of Crimes
9.6 Beside the conspiracy of crimes stated in previous paragraph, the accused also participated in planning to implement the policy of elimination and suppression. One of the examples of planning of criminal activities and in creating superstructure is express contribution by the accused in various union, moholla in order spread his organization and to establish “Peace Committee” etc.
Incitement to Crime commission
9.7 Beside conspiracy and planning of various criminal activities using the personal superior status along with the leadership and dominance in the organizational superstructure, the leaders and workers within the personal organizational superstructure were called and incited to participate in the criminal activities directly by the accused. As part of his incitement plan the accused has tried to spread the animosity, hatred in the mind of the people specially of the ideological and organizational followers of the accused by declaring mainly the liberation-expecting people of the country, Hindu community, progressive secular community and supporters of awami Leaue as enemy of the country, enemy of Islam, India’s agent and as miscreants. The underlying intention of spreading this animosity and hatred was to incite in committing severe criminal activities against the above stated armless civilians either in the name of protecting Pakistan or in the name of protecting Islam, or in the name of assisting the Pakistan Military.
Most of these criminal activities are murder, torture, rape as crimes against humanity, forced conversion of religion, force to leave the country, genocide etc. which were consistent and supplementary to the blueprint of the crimes of Pakistan army.
Complicity of the accused with the Criminal Activities of the Pakistan Army
9.8 The auxiliary forces were formed with whole of the organizational superstructure under the leadership and dominance of the accused. These organizations or forces were constituted with the aim of assisting proper implementation of the various expeditions and plan in east Pakistan by the Pakistan Military. It is notable that, the expeditions and plans of the Pakistan Army were blueprint of criminal activities, which have been more illustratively discussed in the previous part of this deed (charge-sheet). So, the assistance and supplementary contribution by the auxiliary forces to the proper implementation of this plan and activities of the Pakistan army clearly means the direct complicity with those criminal activities. Various statements and steps of the accused as exposed in the investigation, it proves, that the accused was complicit with the crimes of the Pakistan Military individually and with the organizational superstructure under his control, beyond any reasonable doubt.
Murder and Torture as Crimes against humanity
9.9 Torture and Murder of 38 people in toto including Siru Mia as crimes against humanity
9.10 It is clearly evident from the above discussion that, the accused individually, as being the chief of Jamaate Islami and in the superior status of other auxiliary forces and organizations, committed more than one crime punishable under section 3(2) of the International Crimes (Tribunals) Act, 1973. Beside his individual responsibility of committing crimes the accused is also legally liable under section 4(2) of the Act for being in the superior status. Simultaneously, the accused is legally liable for all kinds of crimes committed by the other auxiliary forces existing in the organizational superstructure under the control and/or dominance of the accused as being in the superior status. The accused is legally individually and jointly liable under section 4(1) in the same way as being in the superior status for those crimes, which (crimes) the leaders, workers and connected people of these auxiliary forces have committed.
10. Judicial Notice of the Crimes Committed in 1971
According to section 19(3) of the International Crimes (Tribunals) Act, 1973:
“A Tribunal shall not require proof of facts of common knowledge but shall take judicial notice thereof.”
Along with this application of charge against the accused, adequate evidences of International Crimes committed in 1971 have been submitted in the annexed documents, from which the proof of crimes committed can be found beyond reasonable doubt. These committed crimes are: crimes against humanity, crimes against peace, genocide, war crimes, violation of Geneva Convention of 1949, other crimes under international law etc., which are stated in section 3(2) of the International Crimes (Tribunals) Act, 1973. These country-wide immensely-committed crimes are all known to the people of Bangladesh, of which every citizen of this country is informed.
Simultaneously, in implementing the above-mentioned criminal activities of the Occupier Pakistani Military, the auxiliary forces and organizations who performed effective and sole contribution beside them are: Jamaate Islami, Islami Chhatra Sangha, Peace Committee, Razakar force, Al-Badar force, Al-shams Force, Al-Mujahid etc.
At the same way, the fact of the country-wide criminal activities and contribution against the liberation done by these criminal organizations are all known to the people of Bangladesh, of which every citizen of this country is informed at the same way.
The International Crimes Tribunal has the jurisdiction to take judicial notice through taking cognizance of the common knowledge existing in the mind of the people about the above crimes and crime committing criminal organizations under section 19(3) of the International Crimes (Tribunals) Act, 1973.
11. In this situation, the accused Professor Ghulam Azam and his associates have committed section 3(2), 4(1) and 4(2) of the International Crimes (Tribunals) Act, 1973 during the time of liberation war of Bangladesh in 1971. For that reason, as result of being the subject matter of the case within the jurisdiction of the honorable tribunal, the honorable tribunal has the power to adjudicate and discharge these crimes (cases of these crimes).
Prayers before the Honorable Tribunal
(A) On the basis of the crimes stated in this application and annexed documents and information, the prayer is that, the honorable tribunal, accepting this application along with formal charge for the sake of justice, will take the cognizance of the crimes under section 3(2) of the International Crimes (Tribunals) Act, 1973 against the accused Professor Ghulam Azam (Father- Late Mawlana Ghulam Kabir, Mother- Late Sayida Ashrafunnisa, Resident- Birgaon, Police Station- NabiNagar, District- Brahmanbaria known as B-Baria, Present resident- 119/2 Kazi Office lane, Mogbazar, Police Station- Ramna, DMP, Dhaka);
(B) will take the judicial notice under section 19(3) of the International Crimes (Tribunals) Act, 1973 about the crimes committed in Bangladesh in 1971 such as: crimes against humanity, crimes against peace, genocide, war crimes, violation of Geneva Convention of 1949, other crimes under international law etc., which are stated in section 3(2) of the International Crimes (Tribunals) Act, 1973;
(C) will take judicial notice about auxiliary forces such as: Jamaate Islami, Islami Chhatra Sangha, Peace Committee, Razakar force, Al-Badar force, Al-shams Force, Al-Mujahid etc. as criminal organizations under section 19(3) of the International Crimes (Tribunals) Act, 1973; the auxiliary forces, of Occupier Pakistan Army in order establish their criminal activities in 1971;
(D) will make order of punishment through proper judgment against the accused Professor Ghulam Azam (Father- Late Mawlana Ghulam Kabir, Mother- Late Sayida Ashrafunnisa, Resident- Birgaon, Police Station- NabiNagar, District- Brahmanbaria known as B-Baria, Present resident- 119/2 Kazi Office lane, Mogbazar, Police Station- Ramna, DMP, Dhaka) under section 20 of the International Crimes (Tribunals) Act, 1973;
(1) He gave statement on behalf of the pakistam army.The subsequent hearing on the same day relating to Salauddin Quader Chowdhury can be found in a seperate post
(2) He was the active member of jamaat-i-islam.
(3) He wanted arms for the auxiliary force.
(4) He had expressive control over the Albadr, Alshams, Razakkar.
(5) He was responsible for the killing of shuru mia.
(6) He incited Bengali people against liberation.