13 May 2012: Golam Azam Indictment 2

This is the second part of the Golam Azam indictment (charge framing order) which sets out the charges against him. The first part can be found here.

The charges are divided into five kinds:
- charge number one - conspiracy
- charge number two - planing
- charge number three - incitement
- charge number four - complicity
- charge number five - crimes against humanity

Below are charges number one, two and three. (Charges four and five are on a separate page)

We have perused the Formal Charge, other documents and statements of witnesses upon which the prosecution intends to rely upon and considered the submissions made by both the sides on those materials, and thus, we are of the opinion that there are sufficient grounds to presume that the accused Professor Golam Azam has committed offences under section 3(2), 4(1) and 4(2) of the Act and as we find that there is a prima facie case against the accused, charges will be framed against him in the following manner:

Charges 

We Justice Md. Nizamul Huq, Chairman, Justice Anawarul Haque and A.K.M .Zaheer Ahmed, Member of the International Crimes Tribunal-1, hereby charge you Professor Golam Azam, son of late Moulana Golam Kabir of village Birgaon, Police Station Nabinagar, District- Brahmanbaria, at present 119/2 kazi Offrce Lane, Mogbazaar Police Station, Ramna, District-Dhaka as follows:

Charge Number 1:
That on 04.04.1971, you as part of a team of 12 Persons composed of Nurul Amin, Maulavi Farid Ahmed, khawaia Khayer Uddin, AKM Shafiqul Islam, Maolana Nuruzzarrian, Hamidul Huq Chowdhury, Mohsinuddin Ahmed, Advocate AT Sadi and others met with Lt. General Tikka Khan. the Chief Martial Law Administrator of the "Kha" Zone of occupied Bangladesh at the Governor House of Dhaka. During this meeting, you discussed, planned and decided the means to enforce the evil designs of the occupying Pakistan Army. It was as per the decisions taken during this meeting that various crimes were subsequently committed on a large scale, and number of auxiliary forces and the mode of action of such forces were decided. In this light, the creation of an organisation named the ‘Nagorik Comrnittee' was discussed which was subsequently named the 'Nagorik Shanti Committee' which later on became widely known as the 'Shanti Committee'. You thus conspired with others to committ above mentioned crimes in Bangladesh.

And

On 06.04.1971, two days after the meeting held on 04.04.1971 you and several other political leaders again met Lt. General Tikka khan at the Governor House as part of the conspiracy mentioned earlier. In this meeting also, various ways to assist the occupying Pakistan Army were discussed along with the topic of forming auxiliary forces. You expressed the intent to bring the then existing situation under control with the assistance of the auxiliary forces. Apart from You, Hamidul Huq Chowdhury, Mohsinuddin Ahmed, Advocate AT Sadi also separately met with Lt. General Tikka Khan in this respect. You thus conspired with others to commit above-mentioned crimes in Bangladesh.

And

In continuation of the conspiracy, on 14.04.1971 you took part in a meeting as a member of the 'Peace and welfare Steering Committee'. All participants of the meeting pledged to protect lslam and preserve the unity and sovereignty of Pakistan. During this conspiratorial meeting, with the goal of gaining the confidence of people and establishing so called 'peace' and fighting against the so-called 'Indian plans and aggression', various policies and plans were agreed upon to organize the people. You thus conspired with others to commit above-mentioned crimes in Bangladesh'

And

On 19.06.1971 you for the third time took part in a high level meeting in continuation of the above stated conspiracy. On this day, you met with President of Pakistan General Aga Mohammed Yahiya Khan at Rawalpindi and informed him of the latest situation in East Pakistan. In the meeting, the activities of the previous three months were evaluated and decisions taken to facilitate upcoming activities, especially, in various ways to contain the resistance of the common people of East Pakistan through the usage of armed force. Furthermore, the plans to effectively control the civilian population by unifying those who believe in the ideal of Pakistan were also discussed and decisions were taken in this regard. You thus conspired with others to commit above-mentioned crimes in Bangladesh.

And

You met with All Pakistan Jamaate-Islami Chief Syed Abul Ala Moududi on 20.06.1971 as part the on goingconspiracy. During this Meeting, you and Syed Abul AIa Moududi reviewed the activities and party policies of Jamaat-e-Islami and discussed the party's plans and activities and the implementing of those plans

And

On 01.12.1971, you took part in a 70-minute long conspiratorial meeting with President Yahiya Khan at Rawalpindi, where you discussed in confidence the overall situation. You demanded increasing the membership of the Razakar forces and urged the Pakistan Government to supply arms to those people who believed in the ideal and unity of Pakistan in order to confront the common people of East Pakistan, whom you referred to as 'dushkritjkari'. You, seeing the reduction of the sphere of influence of the auxiliary forces over the territory of occupied Bangladesh and also sensing inevitable defeat, decided to murder the intelligentsia of Bangladesh on a large and indiscriminate scale, as part of a ‘final solution’, which from the date of the concerned meeting till the liberation of Bangladesh from occupying forces on December 16, 1971 was carried out by members of Jamaat-e-Islami, Peace Committee, Razakars, A1-Badr and Al-Shams. You thus conspired with others to commit above mentioned crimes in Bangladesh'

Through your above acts and commissions, you conspired to commit crimes specified in Section 3(2) of the Act, and as a result of which crimes mentioned in section 3 (2) of the Act were committed in all-over Bangladesh, and therefore You are charged under section 3 (2) (g) read with section 4 (1) and section 4(2) of the Act for commission of the crime of conspiracy to commit crimes specified in section 3 (2) of the Act, which is punishable under section20 (2) of the Act.

Charge Number 2:
That on 04.4.1971 you and others planned to form an organisation named 'Nagorik Committee' in order to support the occupying Pakistani forces and on the same day placed this plan before Lt. General Tikka Khan. The said organisation committed above mentioned crimes in all-over Bangladesh and you are liable to plan for the commission of the said crimes.

And

On 09.04.1971, with the goal to commit the above mentioned crimes, you and others in a united and planned manner formed the 'Shanti Committee' and nominated Khawaia Khayer Uddin as the Convenor of the committee. As part of the plan, you decided to form Shanti Committees in various parts of cities, Unions and Mohallas and it was decided that those Shanti Committees wouldoperate as per the directions of the Central Shanti Committee. The said organization committed above-mentioned crimes in all-over Bangladesh and you are liable to plan for the commission of the said crimes'

And

You participated and took decisions in a planning meeting on 04.05.1971 for the purpose of forming units of the 'shanti Committee' at various unions of the Dhaka city. This meeting which was held at the residence of AQM Shafiqul Islam at Elephant Road, was also attended by Khawaja Khayer Uddin, A.Q.M. Shafiqul Islam, Abdul Jabbar Khadder etc. The said organisation committed above mentioned crimes in all over Bangladesh and you are liable to plan for the commission of the said crimes.

Through your above acts and commissions, you planned to commit crimes specified in Section3(2) o{ the Act, and as a result of which crimes mentioned in section 3 (2) of the Act were committed in all over Bangladesh, and therefore you are charged under section 3(2)(f) read with section 4 (1) and section 4(2) of the Act to plan to commit crimes specified in section 3 (2) of the Act which is punishable under section 20 (2) of the Act.

Charge Number 3:
On 07.04.197I, you as Ameer of the Jamaat-e-Islami with other leaders of the same party issued a joint statement urging the 'deshpremik' 'people meaning thereby organisations such as Jamaat-e-Islami, Shanti Committee, Razakars, Al-Badr, Al-Shams, Al-Mujahid etc which were all Organizationally in one way or the other subordinate to you of was under your direct or indirect control, to destroy the 'Bharotiyo onuprobeshkari' meaning thereby Hindus, supporters of the Awami League and in essence all Bengalis who had sided with an independent Bangladesh who wanted to liberate their nation from the occupying Pakistani forces, on sight. Therefore, your call to destroy on sight an identifiable group of persons encompassed under the phrase 'Bharotiyo onuprobeshkari' indicates the incitement to the above-mentioned crimes

And

You as Ameer of the Jamaat-e-Islami on 10.04.1971 gave An inciting speech before the nation at the Dhaka centre of Radio Pakistan. In your speech you threatened against the over-enthusiastic leaders of India to play with the fate of seven crore people of East Pakistan and stared that India was always involved in conspiracies to destroy Pakistan. You also stated that by sending in 'shoshosro onuprobeshkari', India had in fact challenged the patriotism of 'East Pakistanis'. During your speech you also expressed belief that the 'onuprobeshkari' would not get any assistance whatsoever from 'Purbo Pakistaner Musolman'. The phrases 'shoshosro onuprobeshkari/onuprobeshkari' used by you during your speech in reality' referred to Hindus, supporters of the Awami League and in essence all Bengalis who had sided with an independent Bangladesh. Furthermore, the phrase purbo pakistani Musolman, actually meant members of organisations such Jamaat-e-Islami, Shanti committee, Razakars, Ar-Badr, Al-shams, AJ-Mujahid etc. who were all organlzatlonally or in one way or the other subordinate to you or was under your direct or indirect control or influence. Therefore, your inciting threat against the attempt by India to destroy Pakistan by the sending of 'shoshosro onuprobeshkari, amounted to calling for the destruction of Hindu people, supporters of the Awami League and in essence ail unarmed Bengalis who had sided with an independent Bangladesh, which indicates the incitement to the above-mentioned crimes.

And

On 22.04.1971, you as Ameer of the Jamaate-Islami and part of the Central Shanti committee called upon all patriotic citizens, to .resist, the 'destructive activities' of 'rashtrobirodhi' personalities and assist the members of the Pakistan army in all possible ways. You also advised the committee that ‘deshpremik nagorik’, greet members of the Pakistan Army with the national flag and offer assistance in those areas where Such members visited. Your call to destroy ‘rashtrobirodhi’ persons which was directed towards the common citizens of the country who were against the attack and torture of the occupying Pakistani Army and who were perceived by the Pakistan army and all organizations under your control as enemies of the State, amounted to inciting attack against such persons and commit crimes against them. This call made by you amounts to incitement to the above mentioned crimes.

And

During a party meeting of the Jamaate-Islami held at the Dhaka city office on 02.05.1971, you urged activists of the Jamaate-Islarni to take 'shombhabbo shokor prokar uddeg' to re-establish ‘purno shabhabik o Shantipurno karjokrom'. Your call to your parry activists to bring back 'purno shabhabik' amounts to incitement as activists of the Jamaate- Islami had already been attacking the common citizens by working on behalf of their party in connivance with the Pakistan Army to bring back the so-called state of complete normalcy. This demonstrates incitement on your part to commit above-mentioned crimes.

And

On 17.05.1971. in your presence, during a meeting held at Dhaka, steps taken by the Pakistan Army to save the nation from the grave crisis created by the 'rashtrobitodhi karjokolap' of the banned Awami League was lauded. The meeting urged the Pakistan Government to take severe measures against' Pakistaner bisshashghatok' and indestructible unity between the Islamic forces of East Pakistan was agreed upon with the goal to offer assistance to the holy duties of the Pakistan Army. During this meeting, emphasis was also placed on finding 'dushkritikari' and the need of all patriotic citizens to relentlessly work without any hope of personal gain to re-establish complete normalcy in the province. In light of the extension in the nature of the committees activities, a proposal was placed to change the name of the 'shanti Committee' to 'Shanti and Shanghti Committee'. The call to find the so-called 'dushkritikari' and to take strong steps against the so-called 'Pakistaner bisshashghatok' in reality amounted to inciting to destroy those Persons who had sided with the independence of Bangladesh, the Hindus and others. This demonstrates incitement on your part to commit above-mentioned crimes.

And

On or around third week of May 1971 you as part of your program to visit various parts of Bangladesh, met leaders and followers at Jessore, Khulna and in some parts of Dhaka, which included Mirpur, Lalbagh, Chawk, Lalmatia and Thataribazaar, where you held series of Meetings and gave speeches. During those meetings, you and other leaders of the Jamaate-Islami urged all quarters of Pakistan to protect the nation against evil designs of the banned Awami League and its Indian associates. These speeches made by you not only clearly amounted to urging the Jamaate-Islami, its subordinate organizations and other auxiliary forces to assist the Pakistan Army even more actively, but also amounts to inciting the commission of various crimes against the Hindu people, supporters of the Awami League, supporters of an independent Bangladesh and the unarmed population of other progressive forces of Bangladesh. This demonstrates incitement on your part to commit above-mentioned crimes.

And

In June 1971 in an interview with Pakistan Daily Jasarat you urged that people not be confused by the propagations of the political forces supporting the independence of Bangladesh. You also described the Awami League, the political force unanimously elected by the all out support of the common rnasses of the country, as a quarter focusing on its self-interest and a fascist power against democracy. You identified them as enemies. This statement made by you is clear incitement aimed at the auxiliary forces and the activists of your own political party to take crushing steps and conduct criminal activities against such so-called 'enemies'. This demonstrates incitement on your part to commit above mentioned climes.

And

On 22.06.1971 at a press conference you urged all concerned to effectively oppose those who are, according to you, 'dushkritikan, and. 'rashtrobirodlri' with the goal to re-establish the so-called faith in the minds of the common people. During your speech you eulogized the Pakistan Army for engaging in preventing the destruction of Pakistan. You also stated that everyone should offer effective assistance and support the ruling Pakistani authorities in the effort of returning to a state of normalcy. Through this speech you urged the members of all the auxillary forces supporting the Pakistan Army to offer assistance even more effectively and incited them to collaborate with the Pakistan army in the commission of criminal activities, that amounts to incitement of the commission of the above-meentioned crimes.

And

On 18.07.I971, you as ameer of the East Pakistan Jamaate-Islarni, gave a speech at a Shanti Commitee meeting held at the Republic Square of Brahmanbariya urging all to uphold the unity of Pakistan. The call made by you to uphold the unity of Pakistan in reality amounts to an inciting call to attack those who do not believe in the unity of Pakistan. This demonstrates incitement on your part to commit above-mentioned crimes.

And

On 16.07.1971 you during a meeting organised by the Rajshai Peace Committee at the local municipal hall declared that there are no evidence supporting friendship between Hindus and MusLims. In your speech you also stated that India had always been involved in 'dushmoni' towards muslims and after the partitition of British India into India and Pakistan, the killing of muslims in India had become a daily affair. During your speech blamed the Hindus for creating a rift between muslims by raising the issue of Bengali and non-Bengali. Furthermore, you stated that unless the question of division based on language was raised it would not be possible to create a nation of Hindus and muslims. In vour speech you also urged all muslims to discard the Bengali and non-Bengali mentality. By making such an inciting speech you had isolated the Hindus on religious grounds and made them a target for attack. It was as a result of the incitement made by you that Hindus were eliminated and deported out of the country. This demonstrates incitement on your part to commit above-mentioned crimes

And.

On 02.08.1971, you as Ameer of rhe Jamaat-e-Islami during a conference presided over by the Director of the Pakistan Affairs Academy Dr. Hasan Zaman, organised by the Jamaat-e-Talaba-e-Arbiya and held at the Dhaka University Gymnasium, gave a speech stating that the ongoing situation was a 'juddho poristhiti' dnd that this war was not only a war of arms but also a war of ideals. You stated further that there was no other option but to win this war. Describing the existing situation during your speech, you stated that this was a war for the ideals of Islam, also known as Jihad', which was fought against non-Muslims. Your speech directlv incites eliminating opposing political and religious groups because the fundamental principle driving a war is engaging in armed resistance against one's enemies, which can end only when one side has completely eliminated or defeated the opposing side. There are therefore two instances of incitement made by you when you described the ongoing situation as a’ war’
1) Calling for considering the Hindus, the supporters of Awami League, as not true Muslims and those who support the independence of Bangladesh as the enemies of the ongoing war.
2) Stating that the duty of the Jamaat-e-Islami, Shanti Committee, Razakars, Al-Badr, Al-Shams etc. who were so-called 'miscreants' was to eliminate the above-mentioned enemies. This demonstrates incitement of your part to commit above mentioned crimes.

And

During a Jamaat-e-Islami unit members meeting held at the Khulna municipal hall lfall on 0-4/08/1971 you called for the elimination of so called 'dushkritikari'. .According to you, 'dushkririkari' [miscreants] included those common citizens who wanted to free Bangladesh from the attack and occupation of the Pakistan army, the members of political parties especially those who had won in the national elections of 1970, those who had wanted to free Bangladesh from the oppression of Pakistan, minority Hindus and those whom you considered as enemies of the State. You also urged all to unite under the leadership ofJamaat-e-Islami. During this meeting you also criticized Sheikh Mujibur Rahman and members of his political party for propagating the 6-point demands and characterizing them as a separatist political movement. Your call to elimmate 'dushkritikari' amounts to incitement to commit the abovementioned crimes.

And.

On 06.08.1971, during a meeting organized by the Shanti Committee at Kushtia Public Library, you declared that Sheikh Mujibur Rahman and the banned Arvarni l-eague had entered into an alliance with India and had betrayed the common people of the region. You went on to state that this betrayal had caused endless pain and sorrow for the people and future generations would not forgive them. During vour speech you stated further referring to the great sacrifices of Muslims during the Azadi movement against Hindu domination. Your call to the common people to stay alert against the so-called 'dushkritikari' and to the Shanti Comrnittee to resist the so-called 'rashtrobirodhi' amounts of incitement. This demonstrates incitement on your part to commit above mentioned crimes.

And,

On 14.08.1971., in a statement given on the 25th Azadi Day of Pakistan you stated that the unity of Pakistan in crisis and that the sovereignty of Pakistan was being threatened from internal and external enemies. You urged all concerned to respond to the ongoing crisis and take specific steps to transform 'Pakistaner uddessho' into reality. You further stated that failing in such efforts shall result in their destruction and create a handicapped State. By urglng everyone to establish 'Pakistaner uddessho' and reminding that failure to do so shall result in a destroyed and handicapped nation amounts to incitement. This demonstrates incitement on your part to commit above-mentioned crimes.

And

On 14.08.1971, during a symposium organized by the Central Shanti Commitee on the 25th Azadi Day of Pakistan at the Curzon Hail, you proclaimed that the dreams of the Bengali Muslims would one day be realized if Pakistan remained as a State and that if Pakistan fails to exist then Bengali muslims would cease to exist altogether. During your speech you were also urged to remove from Pakistani territory those who did not agree with his views. You went onto declare that although in the past the enemies of Pakistan came from the outside, there were now many enemies of Pakistan from within. You stated that the 'ghorey boshey thaka dushmon' were far more dangerous than enemies from outside. You placed special emphasis on the establishing a link between the Pakistan Army, and the Shanti Committee and stated that the Shanti Committee was playing an important role in protecting the nation from the hands of the seperatists. You also stated that had the Shanti Committee not informed the world that the people of East Pakistan wanted to keep the unity of Pakistan intact, the ongoing situation could have taken a different turn. You also mentioned that the responsibility of protecting the nation rested with the Pakistan army. During your speech vou stated that the responsibility of explaining the situation to the people of the country rested in the hands of the Shanti Committee. You also mentioned that they would explain the idea of a united Pakistan to the people and those who would not subscribe to the idea would lose the rights to remains in the countrv. During the making of such speeches, by speaking of 'ghorey boshey thaka dushmon/ghorey ghorey jeshob dushmon' you were referring to the persons against the unity of Pakistan and by urging to find them and forcing them out of Pakistan if they refused to believe in the idea of Pakistan amounts to the making of inciting comments. This demonstrates incitement on your part to commit above-mentioned crimes.

And

While speaking with journalists at the Lahore Airport on 17.08.1971 you claimed that there was only one path left open for Pakistan since lndia was sending in armed insurgents and also because India was supplying arms and ammunition to the 'duskritikari', and that path is to send a reply also by the force of arms. Your reference to armed reply, to the so-called 'dushkritikari' is a great indication of serious incitement. This demonstrates incitement on your part to commit above mentioned crimes.

And

On 23.08.1971, you gave a speech at a Party Program thrown by the Jamaate-Islam at Lahore where you announced that many members of Jamate-Islami had lost their lives at the hands of the 'dushkritikari' because they had tried to uphold the ideals of Islam and gone against the 'bicchinnotabadi'. You went on to say that the Islam loving East Pakistanis were still sacrificing their lives trying to uphold the unity of Pakistan. Propagating your own political views you asked whether if Members of any other political party had lost their lives opposing the anti unity slogans or if party other than Jamaate Islami had been able to hold meetings in the face of threats and 'gundami' of the Awami League leadership during the election campaign. You further said that Pakistan as a nation came into being on the basis of Isiamic ideals and that these ideals had protected Pakistan during the war n 1965 and it was also these very ideals that had frustrated the attempt by India to divide the Pakistani State. You by opposing the 'dushkritjkari/ bicchurnotabadi' and by inspiring your party oppose the so called 'dushkriukari/ bicchinotabadi' in the mentioning the sacrifices by members of your party, had incited your party members to commit above-mentioned crimes.

And.

On 26.08.1971, while giving a speech at a party-member's meeting of the Jamaate-Islami held at the Town Ha1l of Peshawar, you proclaimed that the damage done by a group of 'bicchinotabadi' could not be undone by mere slogans. Such a speech made by you amounts to inspiring and grving incitement to the leaders and activists of your para and others to engage in armed, suppressive and criminal measures against the so-called bicchinorabadi', thereby inciting them to commit above-mentioned crimes .

And.

On Defence Day of Pakistan on 05.09.1.971 urging the people of Pakistan to stay completely committed to the ideals of Pakistan ('Pakistaner adorsher proti otol) and engage in 'juddho' and 'attotag' (sacrifice) against 'obbhontorin ba bohirakromoner'. This speech of yours was mainly addressed towards the members of your own political party, i.e. the Jamaat-e-Islami, and auxiliary forces such as Razakars, Shanti Committee, Al-Badr, Al-shams and others so that they would be prepared for war which in reality amounts to direct incitement to commit above-mentioned crimes.

And

In an interview in first week of September of 1971., you, apart from displaying your control over your partv and others, confirmed the symbiotic relationship between the Razakars and Jamaat-e-Islami. You stated that the members of the Jamaat-e-Islami were committed to the defence of the nation by joining the Razakars and because they were aware of the fact that there would be no space for Islam or Muslims in 'Bangladesh, you declared that members of the Jamaate-Islami could become 'shaheed' but never transformed. You said that after March 25, you toured Chittagong, Rajshahi., Khulna, Jessore, Kushtia etc. and witnessed that the mental attitude of the members of Jamaatte-Islam was strong. You urged to free East Pakistan' from the hands of the so-called 'ugro jatiotabadi'. During the interview you directed members of the Jamaate-Islami to join the auxiliary force of the Pakistan Army, i.e. the Razakars ancl others , and at the same rime confirmed that by touring the country you had incited various auxiliary forces to commit crimes. In the same manner you call to save the nation from the hands of the so called ‘ugro jatiyotabatli' also amounting to incitement to commit the above-mentioned crimes.

And

During the speech at a meeting given on 10.09.1971 on the occasion of the Mustafa Al Madani Day at the Baitul Mukarram you declared that the 'Bidrohi' were ‘shotru' of Islam' Such kind of statement and Fatwa made by you is 'yet another example of you inciting your followers, activists and members of the auxiliary forces to commit the above-mentioned crimes against the so-called 'bidrohis' and 'Islamer shotru' and to eliminate them.

And

You, on 11.09.1971, gave an inciting speech at a program organised by the Dhaka City unit of Islami Chattra Shangha at Curzon Hall university of Dhaka where you told your members that they would be able to make 'Pakistanke chitosthayee'. In reality your call to protect Pakistan amounted incitement towards your own political organization and other auxiliary forces of the occupying Pakistan Army to commit the above mentioned crimes.

And

On 17.09.1971 you undertook an official visit to one of the principal Razakars Training centres at the Physical Education centre of Mohammadpur, Dhaka where Razakars were undergoing training. This Physical Education centre at Mohammadpur was not only a Razakars training ground but also a name that spread terror in peoples mind in 1971. In reality this centre was a torture and killing ground. Countless citizens were killed and tortured here. In this centre the Razakars were given conrprehensive training to commit murder, torture, rape etc. You visited the Centre to see the Razakars and others 'undergoing taining and inspire them bv giving inciting speeches. In your speech there, you toyed with religous sentiments and inspired people to sacrifice their lives for 'Pakistaner hefazot'. You also called for not only the members of jamaate-Islam but also 'AIem o Isiarrri kormi' to join the armed forces. Your visit to this torture and killing ground of Mohammadpur conflrms your acquiescence to the crimes that were committed there and also clearly demonstrate incitement to commit the above-mentioned crimes.

And

On 25-09.1971, during a meeting organized by the Dhaka City unit of the Jamaate-Islami at a local hotel of Dhaka, you stated that the Jamaate- Islami considered Pakistan and Islam as one and indivisible and that Pakistan was a house for all muslim across the globe. You further stated that if Pakistan ceased to exist then the members of the Jamaate-Islami would see no point in living on,earth. You told your members that members of iamaate-Islami were putting their lives on risk and working to uphold the existence and unity of Pakistan and also establish peace and security across the country. In your speech you also blamed destructive activities of the 'dushlaitikati' for the ongoing crisis of the ccuntry. B, showing that Islamic ideals and the upholding of the unity of Pakistan were one and the same and that the so-called ‘dushkritikari’ were engaged in destructive activities, you incited your party members to engage in the commission of crimes and as a result committed incitement to commit the above-mentioned crimes.

And.

During your opening speech on 03.10'1971, during the opening speech given by you at the meeting of the Majlis-e-Shura of the Jamaate- Islarni at Dhaka, you used religion and religlous sentiments to incite the commission of crimes. You urged your party activists and followers to prepare themselves for the highest possible sacrifice to protect Pakistan. You said that protecting Pakistan was a holy responsibility and that this belief was the driving force that kept the Jamaat members and followers moving. Protecting Pakistan amounts to the selected torturing or of a group, killing or forcing out from the country of men and women, Bengalis, Hindus, democratic rind progressive political activists, persons frorn various professions bv the Pakistan Army from March 25, leaving Pakistan for only those whom you believed to be true Muslims. The manner of such a call made by you amounts to inciting the Pakistan Army and its auxillary forces to commit the above-mentioned crimes.

And,

After reaching Lahore on 23.11.1971 to attend a meeting of the Central Executive Committee of the Pakistan Jamaate-Islami, you discussed with iournalists and said that an aggressive position wouid be the bcst mode of self-defence for Pakistan. You stated further that frr Pakistan to exist as a nation with honor, there was no other path but to rake up an aggressive position and stating to continue the so-called 'shontrashbadi karjokolap', you demanded that all patriotic citizens, members of the Shanti Commitee and Razakars be equipped with modern automatic ammunition so that they couid be able to engage in 'shantirokkha'. You by demanding the arming of all patriotic citizens, members of the Shanti Committee and Razakars so that they would be able to engage in ensuring peace in a situation of ongoing ‘shontrashi karjokolap' and explaining the need to take up an aggressive position as part of a best defensive position amounts to incitement to commit the above-mentioned crimes.

And

On 24.11.1971 in a speech given at meeting to honor the members of the central working committee of the Jamaate-Islami organized by the Jamaate-Islam at a local hotel in Lahore, you urged. President Yahya Khan that West Pakistan should attack India in response to the all-out attack of India on Pakistan and that if this attack was not carried out, then the enemies would get the opportunity to slowly achieve their ulterior motive of diving Pakistan into many pieces. By calling on to launch an attack on India, you clearly incited to commit the above mentioned crimes.

And

Following a long 70-minute meeting on 01.12.1971 with President of Pakistan Yahva Khan, you addressed at a press conference where you reported your discussion with him on various issues. You said that you had reiterated to Yahya Khan the need to increase membership of Razakars. You also stated that the people would offer their full support to the 'shoshosro bahini' and that the Razakar forces was enough to face the 'shotrubahini'. Your demand to increase the membership of the Razakar forces and declaration to face the 'shotrubahini, with the Razakars amounts to inciting the commission of the above-mentioned crimes.


Through your above acts and commissions, you committed the crime of incitement as specified in section 3(2) of the Act, and as result of which crimes mentioned in section 3 (2) of the Act were committed in all-over Bangladesh, and therefore you are charged with commission of the crime of incitement under Section 3(2)(f) read with section 4 (1) and section 4 (2) of the Act. which is punishable under section 20 (2) of the Act.