15 Mar 2012: Nizami charge framing 3

After dealing with the issue of Abdul Alim, the prosecutor Altaf Uddin Ahmed continued  reading out the formal charges against Motiur Rahman Nizami (continued from this hearing)

Introduction of Accused Motiur Rahman Nizami
Since Maulana Motiur Rahman Nizami (Originally his name was Motiur Rahman, subsequently while he was studying in Shippur Islamia Madrasha under Atghoria Upazila of Pabna District his classmates used to call him as Nizami” and since then he has been using his name as Motiur Rahman Nizami), son of late Lutfar Rahman and late Momena Khatum of village- Monmathpur, Police Station- Shathia, Distirct- Pabna he has set up a house in south Boalmari under Police Station – Sathia, District- Pabna in the year 1983. Now he has been resting at house No. 160, Road No. 18, Banani, P.S- Gulshan, D.M.P, Dhaka.

He has completed his graduation from Dhaka University in the year 1967 as external student. Subsequently he got admitted in M.A. class in the Department of Islamic Studies under Dhaka University but he could not complete the course. He is a former Member of Parliament and a Minster.

Motiur Rahman Nizami, son of late Latfur Rahman and Momena Khatun of Village Monmothpur, P.S. Sathia, District- Pabna and he has setup his own house at south Boalbari under P.S. – Sathia, District- Pabna in the year 1983 and he is present address is house No. 60, Road No. 10, Banabi, P.S.- Gulshan, D.M.P Dhaka.

Investigation of accused Motiur Rahman Nizami
Md. Abdur Razzak Khan P.P.M has been appointed as the officer for investigating into the offences committed under Section - 3(2) of the international crimes (Tibunal) Act- 1973, and he registered the complaint as serial No.-1 dated 31.07.2010 in the Registrar prescribed under Rule -5 of the International Crimes Tribunal Notification No. – Tri/87 Rule/IO dated 15.07.2010.

Thereafter he along with Ms. Monwara Begum, Shyamol Choudhury, S. M Idris Ali investigated the offences committed by the accused Motiur Rahman Nizamee as per Section-3 (2) of the international Crimes Tribunal Act-1973.

That the offences described in Section 3 (2) of the International Crimes Tribunal Act 1973 were widely committed during the liberation war of Bangladesh by the Pakistani and it’s auxiliary forces from the night of 25th March 1971 to 16 December 1971 till the surrender of the Pakistani occupation and it’s Auxiliary forces to the Liberation forces and Joint forces at historic race course filed. The Pakistan occupants Army and their Bangladeshi aides Pakistan Muslim League (Convention, Council, Queym) Nizam-e-Islam, Jamaat-e-Islam, Pakistan Democratic party (POP) Peach Committee Razakar, Al-Badar, Al-Shams and their followers in connivance with each other and by conspiracy committed offences of much killing, women oppression, Arson, looting, abducting, confinement, torture, making disappear, ousting and driving away the people from their places due to communal and religious malice. During the war of liberation the accused Motiur Rahman Nizami, son of late Lutfor Rahman and late Momena Khatun of Village- Monmatpur, P.S Shathia, District- Pabna at present – House No. 60, Road No. 18, Banani, P.S. Gulshan, D.M.P. Dhaka was the president of pakistan Islami Chhatro Shongho. The Al-Badar force was formed with the members of the Islami Chhattra Shongho which was initially a private force of Jamaat-e-Islami. Motiur Rahman Nizami was the head of it and most of the members of this force were the members of peace committee and Islami Chhatara Shongho who subsequently were involved as aider of committing offenses by the Pakinstani Army which was published in several data’s and informations. That since the accused Motiur Rahman Nizami was involved with the aforesaid offences, the investigating officer entered the allegations in the complaint Register No. 1 dated 21.07.2010. That during investigation he found proof of involvement of the accused with the offences. That during investigation the chief prosecutor filed an application on 22.07.2010 for arresting the accused for the sake of proper and effective investigation. That the Tribunal by its order dated 02.08.2010 showed the petitioner arrested in connection with this case. He was interrogated in the safe Home at the time of investigation.

The offences committed by Motiur Rahman Nizami and his Al-Badr force during the period of 26th march to 16th December, 1971 were published in different books and the relevant potion of books are as follows:  

1) 'Sectarianism and politico-religious Terrorism in Pakistan", Revised Edited By: Musa Khan Jalazai, p. 258)

'It was, therefore, not surprising that Jami'at was pushed further into the political limelight between 1969 and 1971 when, following the collapse of the Ayub Khan regime, rivalry between the Pakistan Peoples Party (PPP) and the Awami League resulted in civil war between West and East Pakistan leading to the dismemberment of Pakistan. With the implicit encouragement of the Yahya Khan government, successor of the Ayub Khan regime, Jamaat became the main force behind Jama`at-i islami's national campaign against the PPP in West Pakistan and the Bengali secessionists in East Pakistan. The campaign confirmed Jami’at place in rational politics, especially in 1971, when Jami’at began to interact directly with the military government of East 'Pakistan in an effort to crush Bengali nationalism. As a result of these contacts, Jami`at Joined the Pakistani military's effort in May 1971 to launch two paramilitary counterinsurgency Units in East Pakistan al­-Badr and al-Shams, to combat Mulai Babini, the Bengal guerrilla organization Jami`at provided a large number of' recruits for the two units, especially al- Badr, the decision to join al-Badr and al-Shams was taken by Mutiur Rahman Nizami, Jami'at's nazimi a`la at time. ' 

2) 'The Vanguard of the Islamic Revolution: The Jammaat-i-Islami of Pakistan' Page-66
'The campaign confirmed the IJT’S place in national politics especially in May 1971, when the LIT (Islam Jamiete Tulba­ Chatro Sangho) joined the army's counterinsurgency campaign in East Pakistan. With the help of the army the IJT organized two paramilitary units, called al-Badr and al-Shams. to flight the Bengali guerrillas. Most of all-Badr consisted of IJT members, who also galvanized support for the operation ai~non-, the Muhajir community settled in East Pakistan. Mutiur Rahman Nisami, the IJT'S nazim-i a'la (supreme head or organizer) at the time, organized al-Badr and al-­Shams from Dhaka University.'  

3) 'Sun-set at Midday' (Memoir) by Mohiuddin Chaudhury, p.97
'This became regular phenomenon. To face the situation Razakar Force consisting of Pro-Pakistan elements was formed. This was the first experiment in East Pakistan, which was a successful experiment. Following this strategy Razakar Force was being organized throughout East Pakistan. This force was later on named Al-Badar. and Al-Shams and Al- Mujahid. The worker belonging to purely Islami Chatro Shango called AI-Badar, the general patriotic public belonging to Jamaat-e-Islami, Muslim League, Nizam-e- Islam etc. were called Al-Shams and Urdu speaking generally known as Biharis were called Al-Mujahid.

The reports of the 'Fortnightly Report from Special Branch, East Pakistan, Dacca, 1971' mention Motiur Rahman Nizami as president of Chhatra Shongho and Al-Bador.

1. "In a meeting (1000) of Islami Chhatra Sangha (ICS) held on 1 4.6.71 at Jamalpur, i)t. Mymcnsingh. Matiur Rahman Nizami, President, All Pakistan ICS and others delivered speeches in course of, which they condemned Awami League and praised the Pakistan Army for its timely action. They advised the people to follow the principles of Islam and Co-operate with the Army”.  (Fortnightly Report on Political Situation for the First Half of June, 1971, from Special Branh, East Pakistan, Dacca, No. 9 of 1971)
2). "Under the auspices of islami Chhatra Sangha, a meeting (100) of the Intelligentsia was held in the Art Council Hall, Rangpur town on 16.7.71 Matiur Rahman Nizami, President, All Pakistan ICS and others addressed the meeting Condemning the Secessionist movement of the defunct Awami League, Eulogising the President of Pakistan for saving the Country from destruction and urging the Islamic minded people to co-operate with the Govt." (Fortnightly Report on Political Situation for the Second Half of July, 1971, from Special Branh, East Pakistan, Dacca, No. 12 of 1971: Heading: Activities of Island Chhatra Sangha (ICS)- SL No- 29).

3). "In a meeting (12) of the workers of ICS held at Bogra town on 1 8.7.71 discussion centered round the organizational affairs and it was observed that people should lead their lives according to the dictates of the Holy Quran and the Sunnah. The meeting also eulogised the Pal: Army for upholding the integrity and solidarity of Pakistan. Matiur Rahman Nijarni (mentd) attended the meeting." (Fortnightly Report on Political Situation for the Second Half of July, 1971, from Special Branch, East Pakistan, Dacca, No. 12 of 1971) Heading: Activities of Islami Chhatra Sangha (ICS)- SL No- 30).

4). 'Another meeting (200) of the ICS held at Rajshahi town on 20.7.71 under the Presidentship of Matiur Rahman Nijami stressed the need for introduction of Islamic rule in the country and maintenance of integrity and solidarity of Pakistan.' (Fortnightly Report on Political Situation for the Second Half of July, 1971, from Special Branh, East Pakistan, Dacca, No. 12 of 1971) Heading: Activities of Islami Chhatra Sangha (ICS)- SL No- 31).  

5). "On 2.8.71 a conference of Pakistan JTA was held. Maulana A. Rahim (JI), Khaki air uddin (CML), Matiur Rahman Nizami (ICS), Prof Ghulam Azam (.11) and Farid Ahmed (PDP) attend the meeting and procession." (Fortnightly Report on Political Situation for the Second half of August, 1971, from Special Branh, East Pakistan, Dacca, No. 13 of 1971)  

6). On 16-9-71, a public meeting (1000) was held under the joint auspices of Jalalabad Chhatra Samiti and ICS at Sylhet town wherein Matiur Rahman Nizami, president, ICS and others delivered speeches criticizing India for interfering in the internal affairs of Pakistan and obstructing the return of displaces persons. They stressed the need of Islamic education and Islamic constitution for the integrity of' Pakistan. Matiur Rahman Nizami further condemned the outlawed AL leader for defaming the Pakistani Muslims by revolting against Pakistan and joining hands with India.  Resolutions on the above lines were also adopted in the meeting. (Fortnightly Report on Political Situation for the Second Half of September, 1971, from Special Branh, East Pakistan, Dacca, No. 16 of 1971) Heading: Activities of Islami Chhatra Sangha (ICS)- SL No- 30).

Allegations against the Accused Motiur Rahman Nizami

(1) Date of Incident : August 3, 1971
Time of Incident : Afternoon
Place : Chittagong Muslim Institute Hall
Allegation: In afternoon of August 3, 1971, Motiur Rahman Nizami, All Pakistan President of Islami Chatra Sangha (the student organization of the then Pakistan Jamaat-e-Islami) and as the top leader of that organization the highest authority of the forces made of all activists of that organization, has, in a meeting arranged by Islami Chhatra Sangha, Chittagong Town, said, “Pakistan is a house of Allah. Every time, Allah has saved it and He will do the same in future. No power of the world be able to destroy it.” He further said, “Allah has saved his beloved land by army.”

By delivering the above-mentioned speech, he gave wrong-explanation of Islam and instigated innocent religious Muslims towards destroying freedom-loving Bengali people and in its consequence by the order of their leader Motiur Rahman Nizami, the activists of Islami Chatra Sangha, the members of Peace Committee, Razakar, Al-Badr and Al-Shams forces were arresting torturing and killing unarmed and innocent Bengalies in massive scale in different parts of the country,

In the same meeting, Abu Naser, President of Islami Chhatra Sangha, Chittagong University branch, said, “We would never unite with Hindus for we’ve attained Pakistan at the cost of 20 lach martyrs and would fight to save ourselves from the Hindus oppression.” In the presence of Motiur Rahman Nizami, such hate speech means that, he had tacitly consented to it.

Kind of Crime: He committed offences under International Crimes Tribunal Act 1973, 3(2)(a)(g) and 4(2) for which he is eligible for highest penalty under Section 20 of the act.

(2) Date of Incident : August 22, 1971
Place : Islamic Academic Hall
Allegation: On August 22 1971, in a seminar arranged for the purpose of remembering Al Madani, held in Islamic Academy Hall, Dhaka Motiur Rahman Nizami said unequivocally that, the our respect to Al Madani can be proved by having revenge of his blood. And evicting the enemy of Islam, this vindication can be made possible. Pronouncing cautionary signal he said, Islamic History includes not only the history of martyrdom but also that of destroying enemy. Being ‘Gazi’ to ensure the victory of Islam is also its teaching. He clearly mentioned that, those who’d like to separate Pakistan, really wants to dispel Islam from this land. He invited all to jump into the field of Jihad following the way of Madani.

This type of provoking and revengeful speech (hate speech), created panic in innocent minds. And in this way, he instigated the leaders and activists of his party to be revengeful and to destroy freedom loving Bengali people. He made the above mentioned speech and activists of his subordinate organizations were committing crimes against humanity such as killing, rape, looting, arson, expelling people from the country.

Nature of Crime: He committed offences under International Crimes Tribunal Act 1973, 3(2)(a)(g) and 4(2) for which he is eligible for highest penalty under Section 20 of the act.

(3) Date of Incident: September 8, 1971
Time of Incident:
Place: University of Dhaka, Field of Arts Building
Allegation: On the occasion of Defence Day, Islami Chhatra Sangha, Dhaka town arranged a student assemblage at Arts building field of Dhaka University where Motiur Rahman Nizami said, “Each and every activists of Islami Chhatra Sangha is firmly committed to protect each inch of country’s land. For the purpose of saving the existence of Pakistan, they are ready even to attack the main land of Hindustan.” He urged the authority to grant this very chance to the activists of Islami Chhatra Sangha. He also said in the assembly that all should take a rock solid vow in order to create tombs of India, the worst enemy of Islam and their collaborators.

This type of provoking and revengeful speech (hate speech), created panic in innocent minds. And in this way, he instigated the leaders and activists of his party to be revengeful and to destroy freedom loving Bengali people. He made the above mentioned speech and activists of his subordinate organizations were committing crimes against humanity such as killing, rape, looting, arson, expelling people from the country.

Nature of Crime: He committed offences under International Crimes Tribunal Act 1973, 3(2)(a)(g) and 4(2) for which he is eligible for highest penalty under Section 20 of the act.

(4) Date of Incident : September 9 and 10, 1971
Time of Incident : Morning
Place: Jessore BD Hall
Allegation: On September 9, 1971 Islami Chhatra Sangha, Jessore arranged a meeting for wise persons at BD hall, Jessore where President of Pakistan Islami Chhatra Sangha Motiur Rahman Nizami delivered a speech. He said, those who had termed Pakistan as Azimpur Graveyard are refused by the land of Pakistan. Great crematorium situated in Calcutta and Agartala will suffice for them. Muslim of this land has fallen in the hoax made by Hindus.

Next morning, in the headquarter of Razakar, Jessore District, he delivered a speech where he urged Razakars to be conscious about their faith, in this crisis moment of Pakistan, in course of performing the national duty that had been vested upon them. He mentioned verses no. 111 and 112 from Sura Tawba, that meant, “Allah hath purchased of the believers their persons and their goods; for theirs (in return) is the garden (of Paradise): they fight in His cause, and slay and are slain.”

Making the quotation from Sura of the Holy Quran, Motiur Rahman Nizami instigated Razakars to kill the freedom loving Bengali people and by that order the members of his subordinate organizations were committing crimes against humanity such as killing, rape, looting, arson, expelling people from the country.

Nature of Crime: He committed offences under International Crimes Tribunal Act 1973, 3(2)(a)(g) and 4(2) for which he is eligible for highest penalty under Section 20 of the act.

(5) Date of Incident : 14/05/1971
Time of Incident : Friday, Morning immediately after Fazr Azan
Place : At Pagar (big hole) of Baushgari village, Sathia, Pabna
Allegations: On 14/05/71, at the village of Boushgari situated under Sathia police station in Pabna district, at morning Pakistani army and local Razakars cordoned off Demra and Boushgari villages. From both villages almost 450 innocent unarmed villagers had been congregated in the ‘Pagar’ (large hole) of Baushgari. Pakistani army conducted genocide by firing upon them and raped the women.

Nature of Crime : He committed offences under International Crimes Tribunal Act 1973, 3(2)(a)(c)(g) for which he is eligible for highest penalty under Section 20 of the act.

(6) Date of Incident: 8/5/1971
Time of Incident: in morning, before Fazr Azan
Place of Crime: Surendranath Tagore @ Megha Tagore, son of Late Hari Kishore Bhattacharya, Vill- Karamja, Police Station- Sathia, Pabna- in Yard that is situated in front of his pavilion for the warship

Allegations: With a view to destroying the innocent unarmed population on religious ground, by the order of the accused Motiur Rahman Nizami, according to the decision and plan adopted in the meeting in Khodaboksh Chairman’s house, his followers cordoned off Surendranath Tagore @ Megha Tagore’s home, gathered innocent peoples who were brought from the next home and conducted genocide by firing upon those people and raped the women, such as 1. Shibani (currently resided in India) 2. Haldar’s sister in the next-door, 3. Wife of Asgar Mia. They also looted belongings of Mega Tagore (including the fences of the house) and looted and destroy by fire the house of Ahed Pramanik.

Nature of Crime: He committed offences under International Crimes Tribunal Act 1973, 3(2)(a)(c)(g) for which he is eligible for highest penalty under Section 20 of the act.

(7) Date of Incident : 27/11/1971 and 28/11/1971
Time of Incident : From 03.30am of previous night to 08.00 am of next morning
Place : Abdul Awal’s house situated at the village named Dhulauri under Sathia police station of Pabna district
Allegations: On 27/11/1971 having found out the fact that a group of freedom fighter took shelter in the house of Dr. Abdul Awal habitant of Dhulaura village under Sathia Police station of Pabna district, from 03.30 am to 08.00 am of 28/11/1971, the accused Motiur Rahman Nizami with the assistance of Pakistan Army and his Razakar force cordoned off the said house and some others. In name of hunting the freedom fighters, they shot indiscriminately upon innocent unarmed villagers and killed about 30 of them. 4 freedom fighters had been killed on the bank of Ichhamati river after they were continuous hit with bayonet. The freedom fighter Md. Shahjahan Ali had been slaughtered under the direction of the accused Motiur Rahman Nizami and the murder had been committed by his obedient Razakar named Sattar with a knife that was used for slaughtering cow. But, fortunately, he was not dead. In addition to conducting genocide, the offence of rape and arson had been committed.

Nature of Crime: He committed offences under International Crimes Tribunal Act 1973, 3(2)(a)(c)(g) for which he is eligible for highest penalty under Section 20 of the act.

(8) Date of Incident : 16/04/1971
Time of Incident : Since 11.00am to 11.30am (presumed)
Place : Houses of different persons from the villages Arpara and Vutergari under Iswardi police station in Pabna district.
Allegations: On 16/04/1971 during the time since 11.00am to 11.30am, with the assistance of the accused Motiur Rahman and Pakistan Army, his followers shot innocent unarmed Hafez Omar Ali and another 19 persons from the villages named Arpara and Vutergari under Iswardi police station in Pabna district. They also shot dead Ayesh Fakir son of Jubbar Fakir of Patilkhali village, Rizu Sardar son of late Subraj, Kulsum Bawa of Narich village and other and looted and destroyed houses by fire.
Nature of Crime : He committed offences under International Crimes Tribunal Act 1973, 3(2)(a)(c)(g) for which he is eligible for highest penalty under Section 20 of the act.

(9) Date of Incident : 16/06/1971
Time of Incident : 12.00pm (presumed)
Place: On the bank of Ichhamati River situated at the village Madhpur under Ataikula police station of Pabna district.
Allegation: Shaheed Mawlana Kasimuddin Ahmed served as Head Mawlana in Pubna Zilla School. He was familiar also as a social worker. He was connected with lots of organizations like Pabna Boys’ Cadet Associations, Redcourse Samitee, Mahila College, TB Associations, Gopalpur Noisho Biddalaya, Jelepara Unnayan Samitee, Provati Parishad, Mitali Kachikachar Mela, Nari Kalyan Samitee, Pabna press club, Zilla Krira Sangstha, Pubna Muslim Institute, Ataikula Madhpur Amena Khatun High School and so on. He was regarded as a respected teacher, students’ well-wisher and responsive guardian. He acted as one of the organizers and trainers of liberation war in Pabna. He trained freedom fighters since March 27, 1971 to April 20, 1971. Finding out about his role in the training, the accused Motiur Rahman Nizami and Mawlana Abdus Sobhan tried to kill him in different ways. Having heard about this, Mawlana Kasimuddin hid himself and stopped attending his school. In the morning of June 4, 1971, he set out on a journey by bus, to go to Ullapara. While in the course of getting out Pabna, he arrived at army check post that was situated at Moslem Kha’s Tematha Mor, he was brought by the army to the Army camp of Nurpur Wapda Power house where in presence of as well as under the direction of Motiur Rahman Nizami, he asbrutally been tortured. On June 10, 1971, approximately at 6.00am, he with his two unknown companions had been killed on the bank of Ichhamati River adjacent to Madhpur army camp.

Nature of Crime: He committed offences under International Crimes Tribunal Act 1973, 3(2)(a),(g) and 4(1) for which he is eligible for highest penalty under Section 20 of the act.

(10) Date of Incident : 09/08/1971
Time of Incident : 10.00am-11.00am
Place : Nurpur Wapda House, Pabna town
Allegations: On 08/08/1971 at 08.00pm, of a group of freedom fighter, Md. Abdul Majed (Naogaon) and Mohammad Ali (Housepara) whose father served Pabna DSP in 1971 and stayed in a house-rent in Housegari, had been seized by Pakistani military at Pabna bus stand and brought in Nurpur Wapda Power House where they were brutally tortured till death. In the morning of 9/8/1971, their body had been thrown away at the north side of Pabna Sugar Mean. A piece of while paper had been found on their dead body where it was written, “Surrender the rest to Sobhan Mawlana and Motiur Rahman Nizami”.

Nature of Crime: He committed offences under International Crimes Tribunal Act 1973, 3(2)(a),(g) and 4(1) for which he is eligible for highest penalty under Section 20 of the act.

(11) Date of Incident: 03/12/1971 1971
Time of Incident: 05.30am (Presumed)
Place: Home of Shaheed Sohrab Ali Pramanik, son of Late Nayan Uddin Pramanik, Vill- Brishalika, Police Station- Bera, Dist- Pabna
Allegations: Md. A. Selim, the elder son of Shaheed Sohrab Ali was a freedom fighter. On 14/08/1971, along with his son Md. A Selim and nephew Alauddin, Mr. Sohrab went to India. Both his son and nephew received military training but he didn’t. He stayed there with Professor Abu Sayeed. On 02/12/1971, with a view to visiting his family members, he came from India to his home. The local Razakars conveyed the information to Motiur Rahman Nizami and he conveyed it to the army at once. In the mid-night of that very day, Pakistani army surrounded the village Brishalika and after seizing many people, gathered them at ‘Tin mathar mor’. At around 5.30am, Sohrab had been seized from his home, then brutally tortured on the way and asked about his freedom fighter son. He didn’t answer to them despite being victimized of heavy torture. Razakars killed him shooting. In addition they killed another 70 people including 1) Shaheed Prafulla Pramanik, 2) Shaheed Shashthhi Pramanik, 3) Shaheed Bhadu Pramanik, 4) Shaheed Manu Pramanik, 5) Shaheed Gyanendranath Hawladar, 6) Shaheed Paltu. Razakars also set fire on 72 houses and burnt them.

Kind of Crime : He committed offences under International Crimes Tribunal Act 1973, 3(2)(a), (g) for which he is eligible for highest penalty under Section 20 of the act.

(12) Date of Incident : August, 1971
Time of Incident :
Place : The home of Anil Chandra Kundu, Vill- Sonatola, Police Station- Sathia, Dist- Pabna s
Recitals: Anil Chandra Kundu, son of Late Kushinath Kundu, vill-Sonatola, Police station- Sathia, Dist- Pabna was a freedom fighter in 1971 liberation war. When the war started, in fear of life, he along with his family (father, mother, sister, brother) went to India. After receiving training by taking part in liberation war, in August 1971 he along with a group returned to Sathiha, Pabna. He came to know that, due to his participation in liberation war, Local Razakars had, under the direction of Motiur Rahman Nizami, burnt his home and many others adjacent thereto. On August 15, 1975, he fled to Nilphamari in fear of life and started living there. Being apprehended of death, he didn’t return to his village in fear of Motiur Rahman Nizami.

Kind of Crime: He committed offences under International Crimes Tribunal Act 1973, 3(2)(a), (g) for which he is eligible for highest penalty under Section 20 of the act.

(13) Date of Incident : Since May 1971 till December 16, 1971 before the surrender of Pakistani and Auxiliary forces.
Place : Mohammad Physical Training Institute, Dhaka (now, Govt. Physical Training College)
Recitals: On March 27, 1971, Pak army laid down military camp at Mohammadpur Physical Training Institute. Later on, after setting up Razakar and Al-Badar force, their training and offensive activities had been launched centering that place. In the beginning of May, Ghulam Azam, Ameer of Jamaat-E-Islami, Motiur Rahman Nizami President of All Pakistan Islami Chhatra Sangha and many other leaders started visiting the army camp. Motiur Rahman Nizami, as the leader of Chhatra Sangha and the Chief of Al-Badar command took part in the discussion with upper army officers and had plan to commit crimes against humanity like murder and torture upon freedom-loving Bengali people. In pursuit of such conspiracy, Pak army with its Auxiliary forces committed the offences of murder, eviction etc.

Kind of Crime: He committed offences under International Crimes Tribunal Act 1973, 3(2)(a), (g) for which he is eligible for highest penalty under Section 20 of the act.

(14) Date of Incident : August 30, 1971
Time of Incident : At night
Place : Old MP Hostel, Nakhalara, Dhaka
Allegation: On the night of August 30, 1971, Motiur Rahman Nizami, President of Islami Chhatra Sangha and Chief of Al-Badar along with Ali Ahsan Mohammad Muzahid, Secretary of East Pakistan Islami Chhatra Sangha went to the army camp that was situated near to MP hostel. They abused there the detained Zahir Uddin Jalal, Badi, Rumi, Jewel, Azad and told the captain of Pakistan army that, they must be killed before President’s declaration of immunity. Later, the Army killed all but one upon that advice.

Nature of Crime: He committed offences under International Crimes Tribunal Act 1973, 3(2)(a), (g) for which he is eligible for highest penalty under Section 20 of the act.

(15) Date of Incident : Since May 1971 till December 16, 1971 before the surrender of Pakistani and Auxiliary forces.
Place : Razakar Camp situated at Sathia Pilot High School, Pabna
Allegations: In around May, 1971 there had been a Razakar camp at Sathia Pilot High School under the police station of Sathia. Often Motiur Rahman Nizami went there and conspired to commit crimes against humanity with Razakar commander Samad Miah.

Nature of Crime : He committed offences under International Crimes Tribunal Act 1973, 3(2)(a),(g) for which he is eligible for highest penalty under Section 20 of the act.


That since on the basis of the Investigation report submitted by the Investigation Officer after holding investigation, the materials and documents found during the investigation and testimonies of the witness prima-facee case has been found the allegations against accused Maulana Motiur Rahman Nizami under sections 3(2), 4(1) and 4(2) of the International Crimes (Tribuna)l Act, 1973 and that’s why, a Formal Charge under section 9(2) of the International Crimes ( Tribunal Act, 1973 is been filed before the Hon’ble Tribunal.

That accused Moulana Moutiur Rahman Nizami and his accomplices during the period of Liberation in 1971 committed genocide and massacre over Bangladesh and as a part of the said genocide and massacre the accused by using the Al-Badr force abducted prominent intellectuals from their respective residences and by means of torture killed them and thus committed the most henious massacre in the world’s history. The dead bodies of some of these unarmed and peaceful intellectuals were recovered from the quarry field of Royerbazar. The numerous monuments all over the country bearing the proof of that massacar and genocide.

The accused Moulana Motiur Rahman Nizami as the Chief of the Al-Badr force was holding the supreme Power over the force and as such he is liable for all criminal activities committed by the said force and that is why, he has committed the offence under section 3 (2) and 4(2) of the International Crimes (Tribunal) Act, 1973 for which he can be sentenced to the highest punishment under section 20.

That the accused Moulana Motuiur Rahman Nizami and his accomplies during the period of liberation in 1971 with an intention to turn the majority People of East Pakistan into a minority group committed murder and genocide in all districts of Bangladesh especially in Pabna, Chittagong, Jessore and Dhaka and thus committed offence under section 3(2), 4 (1), 4(2) of the International Crimes (Tribunal) Act, 1973 and that’s why, the subject matter of the case is within the jurisdiction of this Hon’ble tribunal to adjudicate the same. 

After the prosecutor had finished reading out the charges the Tribunal chairman said, there must be substantial proof against those charges, which you have brought against the accused.

Justice AKM Zaheer: Are you ready today for your argument?

Prosecutor: Yes My Lord. I’m ready.

Justice AKM Zaheer: Are you sure that- you’re ready enough for your argument?

Altaf Uddin Ahmed [Prosecutor]: Yes My Lord.

Justice AKM Zaheer: Okay, as you are ready. So, we will hear from the last part of your formal charges. That means you have to start from count no: 15 of your formal charge and we could the rest charges for later to be heard.

Altaf Uddin Ahmed: started reading out count no: 15. It denotes that Motiur Rahman Nizami; then head of Jamaat-e-Islami's East Pakistan student wing the Islami Chhatra Sangha; discussed and conspired with a Razakar Commander Samad at the premises of Pilot High School, Sathia, Pabna. The category of the crimes falls under section- 3(2), 3(2)(a).

Justice AKM Zaheer: How could you relate this charge with section- 3(2), 3(2) (a); please explain? How could discuss and doing conspiracy with Razakar Commander Samad falls under the purview of those sections. Whether discussion and conspiracy falls under section- 3(2) (a)?

Altaf Uddin Ahmed: It includes section-3(2)(g) of the ICT Act-1973, My Lord.

Justice Nizamul Haq: From your version it is assumed that Mr. Motiur Rahman Nizami has discussed and conspired with Razakar Samad, whereas the member Razakar groups have done those atrocities.

[At this stage Mr. Haider Ali (Prosecutor) interrupted.]

Advocate Haider Ali [Prosecutor]: My Lord, in 1971, Nizami was involved with the atrocities committed in Sathia, Pabna Camp. After his conspiracy with Razakar Samad, the Razakar groups started their atrocities.

Justice Nizamul Haq: From your Final Charge, we’ve found no words to reveal the matter.

Justice AKM Zaheer: In a straight language, from here the inclusion of section- 3(2) (a) should be omitted; rather it would be replaced with conspiracy.

Advocate Haider Ali: My Lord, it is always known that more than one person are needed to commit conspiracy.

Justice Fazle Kabir: Public Meeting is always open; it is not a secret matter in any way.

Justice Nizamul Haq: Your contents of this charge only matches with the term, Conspiracy.

Prosecutor: It was actually done after the conspiracy.

Justice AKM Zaheer: You have read out all those 15 charges against Motiur Rahman Nizami; now it seems to me you would rather take only two specific charges against that person. First one is: conspiracy and the second one is superior Responsibility for being the head of Al-badar.

Justice Nizamul Haq: He was the founder chief of Al-Badar. By the way, why didn’t you include the matter of killing of intellectual people at 1971 by the accused here?

Advocate Haider Ali [Prosecutor]: My Lord, the formal charge brings the matter of killings of the individuals.

Justice Nizamul Haq: You have merely touched upon the matter of intellectuals. Why not bring a specific charge. Though there is a lot of evidence and documents available in support of the killing but the investigation agency has failed to collect those. This is unfortunate.

Justice AKM Zaheer: You must be very cautious about including all these matter sin your formal charge.

Justice Nizamul Haq: Next day for hearing is 21st March, 2012.

The Court is adjourned.