13 Mar 2012: Nizami charge framing 1

After hearing prosecution arguments relating to Molla, and following a lunch adjournment, the tribunal then moved onto start the charge hearing application in relation to Motiur Rahman Nizami.

There were a number of other hearing relating to this:
- hearing 2
- hearing 3
- hearing 4

Defence counsel Tajul Islam said that Mr. Nizami had not been brought before the tribunal because he is now outside Dhaka and he will remain in Chittagong till the 16 March. ‘So we are praying for adjournment till that date,’ he said

Tajul Islam also told the tribunal that they had not received all the documents relating to him from the prosecution. Prosecutor Saiful Islam told the tribunal that they were giving the entire books one by one. Three books are in museum, we will give these 3 books also after collecting from museum and all CDs are provided to them. He said that there were three books yet to be supplied.

There was then an argument about whether charge framing could take place without the accused being present – and on this the judges disagreed. Two of the judges - the Chairman and Mr. Fazle Kabir – said that there was no bar for the charge application to be read out in front of the accused, but Mr. Zahir was of the view that charge and discharge petition must not be heard in absence of the accused.

The prosecutor Altaf Uddin Ahmed then started to read out formal charge against Matiur Rahman Nizami.

The chairman warned the prosecutor that he should just read out formal charge as prepared by your office. ‘You are not permitted to utter a single word beyond the formal charge.’

1971: Summary Background 
1. On June 23, 1757, Bangla went under the control of the British empire following the defeat of Nawab Sirajuddoula in a battle with the British army at Laccabag, Polashi. After this incident, during the next 190 years, in hope of liberation from foreign rulers, the people of undivided India struggled relentlessly . At one point in the liberation movement, two independent states based on the two-nation theory had emerged, named Pakistan and India making it also the starting point of blasphemy in this region. Behind the creation of Pakistan in August 14, 1947 (formed with West Pakistan and East Pakistan i.e. north-east and north-west part of India where there was a Muslim majority), the role of the Muslim leadership and mass people of East Bengal (East Pakistan) was very significant. The ‘Lahore Proposal’ or ‘Pakistan proposal’, on the basis of which the independence of Pakistan had been attained, was laid down by the then Prime-minister of Bangla Mr. A. K Fazlul Huq in the convention of Muslim League that was held on March 23, 1940. In addition, in March 1946, the election held in 11 provinces of India, was participated massively by the Bangla and the people of this land who voted in favor of Pakistan. Following a great victory by winning 116 seats out of 119 that were reserved for muslims, Muslim League headed by Hossen Shahid Sohrawardi successfully formed the cabinet with an overwhelming majority. In other provinces, Muslim League attained majority only in Punjab. Like other provinces, Muslim League won only a seat in Sindhu province. This party completely failed to become predominant in all other provinces including Punjab, North-West border province and Beluchistan. Unfortunately despite playing a great role during the independence of Pakistan, Bengali Muslims were tortured by non-Bengali Muslim-League-leaders. No Bengali could participate with the leaders of Muslim League either in formation of the interim cabinet of Indian Govt. in 1646, or in the discussion with the cabinet mission sent by the then British Prime-Minister Mr. Atley. Despite the fact that Bangla was predominantly Muslims and the foundation of Muslim League had been laid down in Dhaka, no one from this region was allowed to be elected or nominated for presidency or general secretary of the party. Rather, from the very beginning of Muslim League, the interest of Bengali Muslim had been relinquished for the sake of the other Muslims who lived in other provinces of India. Surprisingly, no sense of remorse was seen amongst the Bengali Muslims as a result. They never refused to abide by the domination and leadership of non-Bengali Muslims, rather thought it a very normal phenomenon.  

2. Though Pakistan emerged in order to protect the interest of both people from East and West Pakistan, from the very beginning however, central power of the Govt. belonged to a small group of West Pakistanis, who were mainly landlords from punjab. They grasped the Muslim League and bestowed the Govt. and Party to bureaucracy. Thus the administrative and political leadership was centralized to West-Pakistan. Since the creation of Pakistan, East Bengal (East Pakistan) had to be the victim of deprivation from the central ruler-class of West Pakistan. Despite 1200 miles far away by land-rout and 2450 square miles by sea-route, West-Pakistanis thought themselves a brave nation and treated Bengalis as inferior. They always had a caste-discrimination mindset. Apart from the fact that the state of Pakistan was constituted with East and West region of India where Muslims were a majority (80%), everything else including their social culture, dress, heritage, language and eating habits were totally different. West Pakistan, whose boundary was 3,10,000 square miles, had 178 peoples in each square mile. On the other hand, East Pakistan, whose boundary was 55,000 square miles, was populated with 922 people per square mile. Geographically, west Pakistan was very near to the Middle East Countries and where the boundary of East Pakistan (East Bengal) ends, the boundary of South-East Asia begins. West Pakistan comprised of people from Punjab, Beluch, Pathhan and Sindhi, whereas 98 percent people of East Pakistan were Bengalis.  

3. Even though people of east Pakistan were comparatively educated and politically conscious, they were not allowed to have any participation in the policy making process from the very beginning of Pakistans creation, due to caste-discrimination. As a result, India Governance Act, 1935 was passed as the provisional constitution of Pakistan and according to this Act, 44 members from East Pakistan were supposed to attend Pakistan Public Assembly. But, in order to shrink the representation and participation of Bengalis in public assembly, the central-power-occupiers had reduced the number to 38, while the number of non-Bengali members had increased from 25 to 31. Though 56% of the people out of the total population of Pakistan were from East, only 2 members were given the opportunity to represent this region in a 17-member central cabinet of Pakistan. With such gross under representation of the east pakistanis in Public Assembly, a heinous conspiracy from the central rulers to turn East Pakistan into the colony of West Pakistan was beginning to unfold. As part of this conspiracy, and in the name of protecting Pakistans solidarity and the Muslim Ummah, they sidestepped Bangla (which was the language of 56% of the people) and forced people to accept Urdu as the state language of Pakistan (spoken by only 7.3% of the people) in 1948. They even initiated projects to introduce Bangla in Urdu letters. The people of Bangladesh especially the student bodies stood against this ill conceived conspiracy. The language movement started. Due to this movement, Barkat, Salam, Rafiq, Jabbar were shot to death by the order of the Nurul Amin heading Govt in February 21, 1952. In the solemn cause of fighting for their language, the Bengali nation found out their self-identity through series of continuous self-sacrifice. On the basis of language, new nationalism named ‘Bengali nationalism’ took its shape. A lot of questions arose in the minds of Bengalis regarding their political future. Even though Pakistan had been formed on the basis of Bengali votes, East Bengal (East Pakistan) had been treated as the colony of West Pakistan. Being free from British colony, Bengali majority had again become subservient to West Pakistan. Along with linguistic and cultural mastery by Pakistani rulers, their attitude of color-discrimination in every field was part of their agenda.  

4. Following the of death of the first Governor General of Pakistan General Mohammad Ali Jinnah in September 11, 1949 and subsequent murder of Liaquat Ali Khan, the Govt. of Pakistan went under the control of military, non-military bureaucracy. Palace conspiracy accelerated. In the center and the provinces, the anti-Bengali campaign undertaken by the Muslim League Govt. made the mass Bengalis furious. The fundamentalists and communal forces engaged themselves passionately with such activities. During the first general elections of Pakistan in 8th March 1954, the United front lead by Huq-Bhashan-Sahrawardi won absolute majority in East Bengal (East Pakistan). Out of 237 Muslim seats, United Front won 221. The Muslim League for whom 97% of the people of Bangla voted for had been totally anhilated with only 10 seats. The central Govt. of Pakistan didn’t accept this public support of Bengali nation in favor of United Front. The United Govt. which was formed on 3rd April, 1954 under the leadership of A. K Fazlul Huq had been cancelled within two months after its formation. In East Pakistan (East Bengal), emergency was declared through the enforcement of section 92A. The rule of governor had been introduced there. Repression and oppression on Bengalis started massively. Fazlul Huq with some members of his cabinet had been imprisoned in home. Within one month thousands of the activists of United Front including 13 members of parliament had been arrested, the office of United Front had been closed. Strict restriction had been imposed on newspapers. Meeting, procession and protest and even the gathering of more than five persons had been banned. Moreover, in addition to military force, almost 40,000 police had been used as the repressing tool of the government. After taking the office of the Governor of East Pakistan (East Bengal), the defence secretary of central Govt. Major General Eskandar Mirza came to Dhaka and announced that, He is even ready to kill 10 thousand Bengali to protect the indivisibility of Pakistan.  

5. That, in the first seven months after the formation of Pakistan, the rulers from Muslim League not only set obstacle on the cultural, social, political and economic activities of Bengalis of East Pakistan (East Bengal), but also continued critically, the process of depriving the people of Bangla in the vast fields of employment, trade and commerce, industry and culture etc. They thought East Pakistan as the ‘Liability’ of West Pakistan. A perception had been pushed into the minds of East Pakistani people that, the Bengalis of East Pakistan were very close to Hindus, and shared similar language and culture. They had great intimacy with Hindus. So, they were not true Muslims. Those who were not true Muslims could not get the equal portion. From the perspective of such discriminatory treatment by the central rulers of Pakistan, the complete autonomy had been demanded in East Pakistan (East Bengal). Sheikh Mujibur Rahman brought this demand in front. As a member of Pakistan public assembly, he urged to repeal the single unit, accept 21 points of United Front, regional autonomy, introduce democratic constitution, give the governor general limited power and to introduce parliamentary government. In 1956, at the beginning of January, the draft bill of the Constitution of Pakistan had been rejected by Bengali leaders. They termed it as ‘the death document of East Bangla’ written down by the central government. In addition to the demand of regional autonomy they also urged to ensure balance in political, economic and commercial fields on the basis of equality. On 29 February, 1956, the draft bill of the Constitution had been laid down before public assembly. The members from Awami-League including Sheikh Mujibur Rahman under the leadership of Hossen Shahid Sahrawardi walked out of the assembly because the draft constitution termed ‘East Bangla’ as ‘East Pakistan, denied the numeric equality in all fields, gave no decision regarding the united election system. On 23rd March of the same year, the proposal of one unit had been added in draft constitution to prevent Bengali majority in public assembly. Bengalis had been disadvantaged from getting proportionate representation in public assembly that could be ensured by equal representation of West and East Pakistan.  

6. That, Pakistani rulers enhanced, in regard to two provinces, the extent of discrimination not only in political field but also in economic field. Since 1947 to 1956- this eight years, despite having deficit of the amount 237 Crore 14 Lac Taka in the budget of central Govt. of Pakistan, the total amount of expenditure for West Pakistan was 790 Crore 60 Lac Taka; on the other hand, in East Pakistan, the total expenditure was only 42 Crore 66 Lac Taka. That year East Pakistan had contributed to the central revenue 168 crore 14 lac Taka meaning that, that years 125 crore 50 lac Taka were transferred secretly from East Pakistan without any return. It had been shown by estimation in public assembly that, that eight years the people of Bangla had received from central Govt 1 Taka 2 Ana per head on yearly basis and the people of West Pakistan got 32 Taka per head. Almost the whole earning of the central Govt. had been spent for West Pakistan. In addition, the export income of East Pakistan had totally spent in industrial and commercial sectors of West Pakistan. Mountainous discrimination existed in public service employment. In 1956, out of total 42,000 service holders of central government, only 2900 were from East Bengal (East Pakistan) though in low-posts.  

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

8. That, during 17-day-long war East Pakistan was totally unprotected. There was no artillery force. Only one mortar battery and two war-plane were there. No tank regiment. The policy of Pakistan about defence was that, “Defence of East lies in the West.” In such situation, it had clearly come out to Bengali people that, in sequence of social, cultural aggression and economic opreession the martial rulers of Pakistan did nothing to improve the security system of East Pakistan. People once again severely felt the apathetic and discriminatory behavior of central Govt. of Pakistan towards this province. In this perspective, in February, 1966 Sheikh Mujibur Rahman presented before the nation historical 6-points as ‘the demand to save people of East Pakistan’ and mad an all-pervading mass-movement for its implementation.  

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

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

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

12. That, in consequence of continuously mountainous discrimination since 1948, the movement of Bangabandu got more velocity. In a stage, President Ayub khan, who introduced the autocratic ruling system based on basic democracy, recognized people-sovereignty on 13 March, 1969 and decided to hold election based on adult voting-right and introduce parliamentary ruling system. On 10 March, he called on a round-table meeting where he entrusted to directly elected representatives the matters like unsolved provincial autonomy and abolishment of single unit. Immediately after this announcement, violating his Constitution of 1962, on 25 March, he handed the power over army chief General Aga Mohammad Yahya Kahn instead of Speaker of National Assembly. Next day on 26 March, by suspending the constitution and cancelling the national and provincial assemblies Yahya Khan had enforced martial law. On 28 March, in a speech towards nation, he had promised to hand the power over representatives, hold election on the basis of ‘one person, one vote’ and ensure more autonomy. On March 30, by an order, by cancelling single unit of West Pakistan 4 provinces emerged and federal area had been formed with Islamabad and area ruled by central Govt. On the same date, in main legal framework order, it had been declared to hold election of national assembly in 313 seats including 13 female representatives. On 31 March, declaring himself as the President, he banned all political parties of Pakistan. On April 3, with a view to maintain the administration, President Yahya made up a martial assembly having 3 members and appointed two of his close assistant from army as the governor of two provinces. On August 4, though he formed a non-military cabinet having 8 members, he kept foreign, defence and planning ministries at his own hand. In a speech delivered on November 28, he reassured his promise to set up a constitutional government. Next year on October 5, 1970, he declared the date of general election with the aim of forming national assembly. On January 1, 1970 restrictions imposed on political parties had been withdrawn. Mujib was imprisoned or under close surveillance of intelligence agency.  

13. In the perspective of declaring the date of election, the demand of autonomy based on historical 6-points and that of constituting sovereign public assembly based on students’ 11-points came before people. Along with the date of election being closer, election campaign in East Pakistan was being strengthen. Centre of attraction of this campaign was Bangabandhu Sheikh Mujib. He had then become Bengali’s undisputed leader. ‘Upcoming election will be the referendum in question of autonomy on the basis of 6-points’ addressing people to this invitation, he started his election campaign. With a view to ensure the rights of Bangla, during campaign he spoke in peaceful manner that, ‘upcoming ballot battle was his last battle.” Having noticed the stand of East Pakistani Bengali-speaking people for 6-points, central government of Pakistan and Anti-Bengali clutch tried to wreck the election. Despite hundreds of bad effort from opposites, in the election held on December 7, 1970, the majority of people voted for 6-points and Bengali nationalism. Under the leadership of Bangabandhu Awami-League achieved absolute majority by winnig 167 seats of national assembly out of 313. They got mandate to constitute the central government of Pakistan. Out of 300 seats of provincial assembly of East Pakistan, Awami League won 288. Such a result in election made Pakistan Govt., Army and intelligence agencies thunderstruck. They thought that, 50-60 seats would go to Islamic parties lke Muslim League, Jamaat-E-Islami, Nezam-E-Islam party and Pakistan Democratic Party who were financially supported by them. Leaders from these parties made central Govt. understood that, Awami-League would never get majority in East Pakistan. As the conception was proved as failed, it had become very hard for Pakistani martial Govt. and self-seeking persons to accept the domination of Bengali in central government. Conspiracy restarted in new form. The conspiracy was joined by Religiously reactive groups of East Pakistan such as Jamaat-E-Islami, Muslim League (both group of Convention and Council) who opposed the language movement, tried to introduce Bengali in Arabic and Urdu letters and finally in order to demolish the culture and heritage of Bengali, to pull down Bengali’s movement for autonomy and self-right, resisted the historical 6-points and students’ 11-points and thereby worked as the accomplice of martial and political alliance of West Pakistan. Above all, they had been rejected by Bengali in general election. Despite the clear mandate of people, the probability of handing the real power over elected representatives was being faded. In the election of national assembly, Pakistan People’s Party won 88 seats. On December 20, 1970 in a meeting Chief of this party Zulfikar Ali Bhutto said that, in national assembly, his party would not take the seats of opposition party. The more delay occurred in handing power over representatives, the more anger had been arisen among the people against Pakistani rulers. Every now and then, in respect of making a constitution, Bangabandhu expressed his eagerness of taking help from representatives of Pakistan and said, ‘no compromise in regard to policy. Constitution must be written down on the basis of 6-points; no one could resist it.’ In the pressure of Bengali’s anger, On March 3, President Yahya Khan called for the session of National Assembly.  

14. That, on February 3, 1971, in addition to calling for session, the martial rulers had joined with PPP Chief and leaders of reactive parties from Pakistan to design a secret conspiracy. In mid February, in his own village named Larkana, Bhutto met President Yahya in another secret meeting that was held on a boat. The meeting is famous as ‘Larkana Plan’. There had been planned to leave East Pakistan in a situation where no Govt. could work. As part of implementing this plan, Major General Omar urged the West Pakistani politicians not to attend national assembly. In his speech ‘to leave East Pakistan was better than to go there.’ On February 15, PPP chief Mr. Zulfikar Ali Bhutto declared not to join the upcoming national assembly. He threatened that, of elected members who would go Dhaka must be severely punished. Addressing Bangabandhu, Mr. Bhutto said, ‘Idhar ham udhar tum’ meaning that, here I am, there you are. The real fact was that, Bhutto never agreed to play the role of opposition leader in united Pakistan. Replying his speech in the joint session of parliamentary parties of Awami League, Bangabandhu Sheikh Mujib urged every related section to abandon facism and finally to accept the ruling of majority and maintain the unity and solidarity of the country. Nevertheless, in order to destroy the procedure of transferring power, the secret conspiracy was continuously being undertaken. In such political perspective, national leaders of Bangla took firm stand in demand of handing the power over to elected representatives headed by Bangabandhu. All-pervading movement started where people from all sectors like students, farmers, laborers joined. Bangabandhu Mujib was in leadership. By awakening nation-existence of Bengali with his profound affection and extra-ordinary organizational efficiency, he succeeded to unite the whole nation. In such situation, with a view to annihilate the systemized democratic movement of Bengali for their autonomy, military and non-military alliances of Pakistan, with the help of their Bengali accomplices, decided to apply their military force in case of need.  

15. That, in persuance of this decision, on February 22, 1971, in President House, President Yahya Khan arranged a secret meeting where Governors of each provice and martial law administrators joined. In addition, Assistant Martial Law Administrator General Abdul Hamid Khan and President’s Chief Staff Officer Lieutenant General G. M Pirzada attended the meeting. That meeting decided to implement the ‘Blitz’ plan which was secret plan of military operation over unarmed Bengalis in case of the failure to prevent Bangabandhu from implementing 6-points. Before this meeting, on February 11, 19 and 26, some other secret meeting held between Yahya and Bhutto. As per the planning of ‘Blitz’, 16th Infantry Division from Koeta, Pakista and 19th Division from Khariam had been ordered to be prepared for operation in East Pakistan. According to the plan, between February 27 and March 1, tow Infantry Battalions had been brought in Dhaka by air. Since February 1 to March 3, army had been sent from Karachi to East Pakistan by seaway. Thus, by providing army from Pakistan, the process of increasing force started with a view to use them on feeble unarmed Bengalis. In such situation, on February 30, 1971 in a reception ceremony organized by Dhaka Chamber of Commerce, Bangabandhu said, “a plan is running to destroy the election result. I would not be liable for any consequences that might happen in course of creating pressure in democratic way. He further said, ‘the 6-points will not forcibly be imposed.’ Immediately after that day, on March 1, as a part of anti-Bengali conspiracy, President Yahya declared abruptly the decision to adjourn the session of National Assembly. As Admiral Ahsan didn’t agree to launch military operation on innocent Bengalis, on March 2, he had been dismissed from the office of Governor and Lieutenant General Yakub, one of the designers of ‘Blitz’ plan, had been appointed as the Chief Martial Law Administrator as well as the Governor. Immediately after ascending the seat of Governor he imposed strict restriction upon newspapers, the violation of which had been declared as punishable offence with 10 year imprisonment. Evening Law had been enforced.  

16. That, the announcement to adjourn the session made Bengali Nation agitated. The whole Bangla had become the city of procession. The whole Bengali nation including men, women and children was highly overwrought with emotion for enthusiasm of freedom. In response of the invitation of Sheikh Mujib, the whole Bangladesh, awoke roaring rudely in demand of democracy and autonomy, let know that, on compromise in the question of autonomy. The battle for autonomy had rapidly been stepped to that of freedom. All were waiting for the command of Bangabandhu.  

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

18. That, in respect of total situation, Bangabandhu Sheikh Mujib delivered, before more than 10 lac people, a speech on historical Ramna racecourse field. He said, “…..they have now called the Assembly to commence on March 25, with the streets not yet dry of the blood of my brothers. You have called the Assembly, but you must first agree to meet my demands. Martial Law must be withdrawn; the soldiers must return to their barracks; the murderers of my people must be redressed. And power must be handed over to the elected representatives of the people.Only then will we consider if we can take part in the National Assembly or not.” In concluding part he said, “….The struggle this time is for emancipation! The struggle this time is for independence! Joy Bangla! (Victory to Bengal!)” A newer part of non-violent, non-cooperative movement started under the leadership of Bangabandhu. 10 points had been declared as new program of movement. Meanwhile, 172 innocent and unarmed Bengalis had been killed and another 358 had been injured under the order of martial law authority. Bangabandhu-leading non-violent, non-cooperative movement was going forward with grave speed. On 10 March, Air Vice Martial Asgar Khan (Retired) said in Karachi Airport, “Govt. should accept the preconditions of Sheikh Mujib and hand the power over him. Because, during last 23 years, the doubts that has been assembled in the minds of Bengali about the dishonor and oppression of Pakistani rulers, in its consequence, they can never be satisfied even by altering of its tinny part.” On the same day, In another public meeting held in Bindubashini High School field, Tangail, Mawlana Bhashani had, supporting Bangabandhu Sheikh Mujibur Rahman, requested 7-crore Bengali to abide by his command. Remaining unshaked in respect of Bengalis’ interst and through the continuous struggle against all kinds of deprivations-discriminations-injustice-mistreatment, Bangabandhu had been turned into the undisputed leader of Bengali. On 14 March, at the conclusion of second week of non-violent non-cooperative movement, Mr. Tajuddin Ahmad, General Secretary of Awami League, East Pakistan declared to continue this movement. On the same day, in a statement given in newspaper, Bangabandhu Mujib said, “….. Enthusiasm of Bengali for freedom can never be stopped. Because, we’re prepared to embrace the death, if it necessitates. Even at the cost of our life, for the sake of the next generations, we would like to secure them so that they can live with due dignity as free men of independent country. Our struggle would continue with newer inspiration unless we arrive at our aim of freedom. I request people for sacrifice and to be prepared to face any force with all you have.” On 14 March PPP Chief Zulfikar Ali Bhutto said in a press conference that, “Majority-based Govt. would not be applicable for Pakistan.” He proposed to hand the power over two majority parties in respect of East and West Pakistan. On the same day, after declaring new program based on 35 point direction, he said, “…. Movement and strike are to be continued.” In order to get the recognition of attaining autonomy, Bangabandhu had chosen the way of non-violent non-cooperative movement as a political weapon.  

19. That, in such condition of state politics, in order to find out so-called peaceful solution of crisis, on 15 March, Yahya Khan with a group of Generals came to Dhaka to discuss with Bangabandhu. But in the name of discussion they were merely wasting the valuable time. The secret purpose behind killing those time was to prepare themselves for military operation over innocent and unarmed Bengali. General Abdul Hamid, Lieutenant General Rao Farman Ali, Major General Khadim Hossen Raja were appointed for taking plan in respect of this secret preparation. On 18 March, ‘Operation Search Light’ had been worked out. On 19 March, an attempt by conspirators to disarm a battalion of East Bengal Regiment staying at Joydevpur, Dhaka, had been failed by Bengali armies. From upper authority of military, an order to surrender arms had been made to Bengali armies who were in special training, but they ignored the order. A military revolt occurred. On 2nd March, a ship of National Shipping Corporation named MV Sowat, abounded by 7 thousand ton modern firearm and artillery equipments, cast its anchor on 16th jetty of Chittagong port and another ship named Ocean and Banc, with 3621 packets filled by same amount of weapons, anchored on 10th jetty. General personnel of Chittagong port along with mass people protested direly not to unload the goods of those ships. In addition to bring arms, almost on every day, a huge number of armies were being gathered in East Pakistan. Artillery brought from West Pakitan were being assembled in different locations of the country. Upper military officers of Pakistan started movement in different garrisons. In Chittagong, the Naval force had also been added more strength. In such stage of military preparation, on 21 March, after a secret meeting with President Yahya Khan, Mr. Zulfikar Ali Bhutto, Chairman of Pakistan People’s Party commented by saying, ‘Everything would be all right.’ In fact, it was a signal to stop forever the expectation of Bengali’s autonomy by the language of weapon. The signal had been pointed by freedom-loving Bengalis. Next day on 22 March, at 15.50 am, riding on a Chevrolet Impearl Motorcar of army, with stringent guard by 3 truck-loaded armies, Mr. Bhutto went from Hotel Intercontinental to President House. At 1.15 pm, shortly after he returned in guard of army conducted by one of the Lieutenant Colonels, President Yahya Khan declared again the adjournment National Assembly session that was to be held on 25 March in Dhaka. On 24 March, Sheikh Mujibur Rahman said, addressing millions of people gathered in front of his house, that, “We’d like peaceful solution, but if anyone doesn’t like it, they will never be able to subjugate us. I hope, no one would try it.” He pronounced cautionary signal against the act of burdening with any decision. At the concluding stage of wasting time in the name of discussion with Sheikh Mujib, Pakistani army had kept on provoking activities over the country including Dhaka, Chittagong, Rajshahi, Jessore, Joydevpur. They, in disguise, took shelter in different places in the houses of non-Bengalis. Taking stand in different points of Soyodpur town, Pakistani army killed, without any provocation, 15 innocent unarmed Bengalis raising the excuse of conflict between native and foreign. Same kind of killing had been committed in Mirpur, Dhaka by Panjab Regiment of Army. When the countrymen and the leaders of Awami-League were yarning to the result of Mujib-Yahya dialogue, in that very moment, giving instruction to General Tikkha Khan of conducting military operation, General Yahya Khan left Dhaka to Karchi on 25 March. Several hours after his departure, in midnight at about 11 pm, following the secret plan of ‘Operation Search Light’, Pakistani army came out Dhaka Cantonment and took stand with tanks in different locations. Military operation started on innocent unarmed sleeping Bengalis and this was continued till 4.30pm of 16 December, 1971 when Pakistani army and their auxiliary force surrendered in the hand of Joint Command formed with freedom force and Indian ally force. Next day after starting military operation, in the morning of 26 March, when the army informed him the news of Dhaka conquest, leaving the sofa of meeting room, General Tikka Khan entered into his office-room. He passed a sleepless night. Early in the morning, Brigadier Arbab conveyed Bhutto at airport. In the eve departing Dhaka, Bhutto admired Tikka, Farman and Arbab and congratulated them for their performance. And descending on Karachi airport, he said, “Thanks God. Pakistan has been saved.’  

20. That, immediately after the beginning of military operation, in midnight of 25 March, Bangabandhu Shikh Mujib declared the independence of Bangladesh. He said, “This may be my last message, from today Bangladesh is independent. I call upon the people of Bangladesh wherever you might be and with thatever you have, to resist the army of occupation to the last. Your fight must go on until the last soldier of the Pakistan occupation army is expelled from the soil of Bangladesh and final victory is achieved.” Very soon after this declaration at about 1.10am, a battalion of Pakistani Army cordoned his home situated at Dhanmondi. They shot randomly. After a while he had been arrested and brought first in Dhaka Cantonment and later in Pakistan Mianwali prison where he was detained. Keeping Bangabndhu in detention, responding to his very invitation the Bengali from all classes from the highest to the lowest took part the death-overcoming struggle in protest of aggression of Pakistani attacking force. The liberation war started. On 10 April, in the light of Bangabandhu’s declaration, the official declaration of Independence had been come into motion by 167 representatives out of 169 who were elected members of Pakistan National Assembly from East Pakistan. Through the force of this declaration People’s Republic of Bangladesh had been constituted where Bangabandhu was the President of Republic, Syed Nazrul Islam was Vice-President and Taz Uddin Ahmad was Prime minister. The Govt. headquarter had been established in the free area of south-west region named Mujibnagar. Along with Pakistani attacking force the aggression was conducted by direct help and provocation of their native alliances like rightist political parties such Jamaat-E-Islami, Muslim League, Nezam-E-Islam party, PDP, leaders of Peace committee and their assistants e.g. Al-Badar, Al-Shams, civil pioneer force (auxiliary force). In a stage of Bengali’s liberation war against aggressive attack, on 16 December, 1971, the final victory had been achieved through the surrender of Pakitani army and their alliances to the joint-command of freedom force and ally force. Bangladesh emerged on the world map as an Independent, sovereign and republic state. 

At one stage Mr Altaf mentioned before the tribunal “though I am reading but I don’t agree with this Para” (a specific para relating to the oppression on Bengalies). Chairman then passed a ruling that- since this formal charge is prepared by yourself, you can’t say you don’t agree with this. But Altaf again said that in respect of these 3 lines my direction was not followed.

The chairman also mentioned to the prosecutor that Tikka Khan was not the Governor at that time but was the Chief Martial Law Administrator.

At the point when the formal charges themselves were to be read out, the Defence Counsel Tajul Islam rose and asked the prosecution to stop as the accused was not present.

Tajul Islam then asked the tribunal that the rest of the formal charge be read out in front of the accused on 14 and 15 March when he will not be at Chittagong where he is now in relation to some other cases.

Justice Nizami said it was not necessary that accused be present at the date of formal charge reading.

Tajul Islam: But My lord, there is no particular reason why the formal charge should be read out in absence of the accused.

Justice Nizami: No Mr. Tajul, Tribunal can do it.

Tajul Islam: Yes, My lord Tribunal certainly can do so but two cases which are filed at Chittagong court are also important as well.

Justice Nizam: Whether it is necessary or not, it should be determined by the Tribunal.

Tajul Islam: My lord, the matter is not like that the court’s proceedings will be delayed, if the formal charge is not read out until 14.3.12 and 15.3.12.

Justice Nizami then asked Tajul, if date 14 and 15 march is fixed for prosecution and defence part on 21st March would that be a problem?

Then Zead-al-Malul for the prosecution said Mr. Ghulam Azam was also not present while his formal charge was reading out.

Justice Nizami said that if we do not fix date tomorrow or day after tomorrow for reading out formal charge then we have no work to do.

Then order was given by Nizamul Huq that the reading of the charges against Nizami should start the following day in the absence of the accused.