Monday, July 2, 2012

18 Mar 2012: Kamruzzaman charging 1

After the allegation of prejudice was raised concerning Nizami, the tribunal then moved onto case of Md Kamruzzuman then came up for hearing.

Barrister Abdur Razzak told the tribunal that they had got the voluminous documents [5248 pages] from the prosecution, which is so immense that we could not yet get themselves preparedand prayed for an adjournment.

Justice Nizamul Haq: Okay Mr. Razzak please take your seat. I intend to pass an order about the prayer.

Justice Nizamul Haq passed an order:
‘This is an application for adjournment. Mr. Abdur Razzak on behalf of the defence party submits that- they have got voluminous documents, and so they have not got themselves prepared. The defence submits that they need time. After his prayer Prosecution raised their objection about the application of the defence. Today is fixed for the charge hearing matter. The application is rejected.’
Golam Arif Tipu then started to read out the formal charges relating to Quamruzzaman.
1. Methodological History and Description of the case: 
Md. Abdur Rajjak Khan PPM, investigation officer of the investigation agency of the International Crimes Tribunal (later will be mentioned as tribunal) is assigned by the section 8(1) of the International Crimes (Tribunal) Act, 1973 (XIX NO, ACT OF 1973) to investigate the crimes under the section 3(2) of the International Crimes (Tribunal) Act, 1973.

In this regard, he started his investigation according to the rule-5 of the International Crimes (Tribunal) notification number Tri:/87/rule/10 dated 15/07/2010 for the crimes inscribed in the complaint register no. 1 dated 27/07/2010 defined by the section 3(2) of the International Crimes (Tribunal) Act, 1973 committed by the accused Muhammad Kamarujjaman. After the completion of the investigation work he submitted all papers, documents and reports that are found during the investigation and statements of the witnesses to the honorable chief prosecutor of the Tribunal according to the International Crimes (Tribunal) Rules of Procedure, 2010 (Amended 2010 and 2011). The formal charge against the accused was submitted to the honorable tribunal on 5/2/2011 which was made according to the reports, all documents and witness statements that have been obtained during the investigation. The tribunal fixed 11.12.2011 as the date for bestowing the order on the application of the formal charge. Since the first submitted formal charge was not in form the honorable tribunal returned it to the prosecution for the sake of fair justice in stead of taking the charges under consideration. The tribunal instructed the prosecution to re submit the formal charge on the date 12/01/2011. According to the instruction of the honorable tribunal today’s application is the re sub mitted formal charge against the accused Muhammad Kamarujjaman by the prosecution.

2. Context of the crimes of the accused: 1971 Perspective:
Historical Background

2.1 Discrimination in Language:
As a part of this type of conspiracy, in 1948 in the guise of Pakistan’s solidarity and Muslim Ummah they tried to impose Urdu which was the language of only 7.35 people of Pakistan on Bengali which was the language 56% of the population of Pakistan. Even plan was taken to write Bengali in Urdu alphabet. The people of Bengal especially the student community protested firmly against this mischievous act. In one phase of this continuous struggle on 21st February, 1952 Salam, Rafiq, Borkot, Jabbar were killed by the Muslim League Government led by Nurul Amin. The Bengali Nation re defined its self identity by sacrificing for the demand of mother tongue.

2.2 Political Discrimination: 
On 11th September 199 after the death of the first Governor General Mohammad Ali Jinnah and after the assassination of Prime Minister Liakot Ali the government was in control of the civil bureaucracy. The politics of conspiracy was accelerated. The anti Bengal activities of Muslim League both in the province and in the centre agitated the Bengalis. The fundamentalists and communal power became deeply involved with it. On 8th March, 1954 in the first general election the allied front under Huq, Bhashani- Suhrawardi won a landslide victory in the East Bengal (East Pakistan). Among 237 Muslim seats the allied front won 221 seats. The Muslim league which had won 97% vote of Bengalis on 1947 became completely thrown out by them that time. This party won only 10 seats. The central Pakistani government could not accept this result in favor of allied front. The government formed by the Sher E Bangla A K Fajlul Huq was broken down by the central government on 30th only within two months of formation. By imposing the section 92(A) the state of emergency was declared in East Pakistan. The rule of Governor was imposed on East Pakistan. Severe persecution and oppression started against the Bengalis. A K Fajlul Huq and some of the ministers of his government were interned. Within one month thousands of leaders and workers of allied front including 13 members of the parliament were arrested, the office of the allied front was closed. Strict rules and regulation were imposed upon the print media. Meeting and procession even the meeting of more than five people was declared prohibited. Not only that 40 000 Police forces were used in this persecution along with the military. After coming Dhaka with the charge of the Governor of East Bengal (East Pakistan) the defense secretary of the central government Major General Eskandar Mirza declared that he could kill even more than 10000 Bengalis to protect Pakistan.

2.3 Economic Discrimination
2.3.1 In the first seven years after the creation of Pakistan the rulers of central Muslim League not only created obstacles in cultural, political and social activities of Bengalis but the also continued their process of depriving Bengalis in job market, industries and in business sector. They started to think East Pakistan as the liability of the West Pakistan. It was created in the mind of the people’s of West Pakistan that the Bengali Muslims are influenced by the Hindus. Their language is closely related to Sanskrit. They have good relation with the Hindus. So they are not pure Muslim. So there is no question of equal division with those who are not pure Muslim. In the context of discriminatory views of the central governing body of Pakistan, demand of autonomy was raised in East Pakistan. Sheikh Mujibor Rahman brought this demand in front of the limelight. Sheikh Mujibor Rahman in his speeches on 25th August, 21st September and 1st October of 1955 declared the demand of the cancellation of the single unit, formation of democratic government followed by the recognition of the 21 points of the allied front, limiting the power of the governor and establishment of the parliamentary government. In the beginning of January on 1956 the Bengali leaders refused the sub mitted draft ordinance bill. They recognized as the ‘Death Sentence of East Bengal’ prepared by the central government. They demanded the equal share in political, financial and industrial sectors by establishing the autonomy. On 29th May, 1956 the members of Awami League including Sheikh Mujib led by Suhrawardi left the assembly hall as the name of East Bengal was changed to East Pakistan, no recognition of the majority balance and no decision was taken on the joint election method. To resist the Bengali majority in the National Assembly on 23rd March of that year the single unit proposal was added to the accepted draft ordinance bill. Due to this proposal, equal amount of members will be elected from the two areas depriving the Bengalis of their right to be elected as the majority.

2.3.2 Not only in the political field, Pakistani rulers also severely discriminated in the economic field between two provinces severer. From 1947 to 1956 in this eight years though there was a deficit of 2.37 billion and 1.4 million taka in the budget of the central government, 7.9 billion and 6 million taka was spent for West Pakistan where as only 420 million and 6.6 million taka was spent for East Bengal (East Pakistan). East Pakistan added 1.68 billion and 1.4 million taka to the central revenue that means 1.25 billion and 5 million taka were sent to West Pakistan without any thing given back. It is shown in the national assembly that in those eight years each person of East Pakistan has received 1 taka 8 paisa from the central government where as each person of West Pakistan has received 32 taka. The income of central government was spent almost totally in the West Pakistan. The profit of East Pakistan from export was totally spent for the various sectors of West Pakistan. Not only this, huge discrimination was made in the government employment. On 1956 among the 42000 government post only 2900 were Bengalis and they were in lower posts.

2.3.3 To remove this huge discrimination in employment, financial, political i.e. in all sectors the Bengalees has raised their demand of autonomy. In one phase of this movement on 7h October of 1958 governor general of Pakistan general Iskandar Mirza broke up the provincial and national assembly and the cabinet also. On 27th October the supreme commander of Pakistan Army Field Marshal Md. Ayub Khan captured the power. Besides imposing marshal law and uprooting the democracy, limitless suppression and persecution started against the democratic and political leaders demanding the autonomy. In the same time the exploitation and discrimination became more acute. In one phase Ayub Khan innovated a new rule called the basic democracy to strengthen the foundation of dictatorship. Due to the mass agitation among the Bengalees the law was lifted on 7th June of that year. In one phase of the continuous struggle for the right to vote and for the general election on 6th September a war broke out between Pakistan and India.

2.3.4 Sheikh Mujib’s nationalistic thinking based on the six points revived the Bengalees The Bengalis realized their self identity though they are a art of Pakistan. The six points started to be considered as the charter of freedom for the Bengalis. The Pakistani dictator became embarrassed observing the mass support to the six points. On 20th March 1966 in his speech at the closing assembly of Convention Muslim League in Dhaka Ayub Khan told his supporters to be prepared for a civil war if necessary. If Bengalis cannot be stopped by discussion then the military rulers decided to stop them by force. This concept was applied to Shiekh Mujib and Awami League ruthlessly. Bengalis of all classes protested this persecution.

2.3.5 Besides diving answer to the six points with arms the Pakistani rulers nakedly hurled on the Bengali culture and cultural tradition. Weird effort was made to write Bengali in Arabic alphabet. In this situation on 6th January, 1968 a blue print of executing Sheikh Mujib was prepared by the false accusation of plotting a conspiracy with India to separate Pakistan, the so called Agortola Conspiracy case. The Bengalis protested this despicable plot fiercely. As a result on the face of mass agitation on 21st February, 1971 the Pakistani government withdrew the Agortola conspiracy case. They became compelled to free Sheikh Mujib and other 28 accused. Sheikh Mujibor Rahman was entitled as Bongobondhu as the leader of the Bengalis.

2.3.6 By removing the obstacle of Agortola conspiracy case Sheikh Mujib started movement for the general election on the basis population not on the basis of number balance. He also raised the demand of establishing federal parliamentary democracy on the basis of one person one vote rule. Though Pakistan was the single state, in this two decade the East Pakistan became the step brother of the West Pakistan. Due to the acute sense of provincialism the discrimination became more severe. They made East Pakistan their colony by depriving her from the equal status and right. East Pakistan earned 59% in terms of foreign export but got only 30% of it. Electricity production was 5 to 6 times higher in West Pakistan than East Pakistan. In the West Pakistan the number o hospital bed was 26200 where as in the East Pakistan the amount was 6900. The number of technical institute in the West Pakistan was48 where as the number here was only 18. More than 80% of foreign donation was spent in the West Pakistan. As a result of the discriminatory method the rate of literacy was decreased 5 times in the East Pakistan were as it was increased 30 times in the West Pakistan. The research institutes for developing the agricultural, medical and industrial sectors, all were established in the WWest Pakistan only 3 of them were established in the East. The Colombo Plan, Ford

Foundation, Commonwealth Aid etc. these scholarships and grants for research and education all were distributed among the West Pakistanis. Due to the mischievous act of the central government the number of school was decreased but the number of school goers were increased whereas the number of school was increased 4 times in the West Pakistan. According to the survey, from 1948 to 1968 within these 20 years around 26 billion taka was sent to the West Pakistan without any exchange. To meet the import expenditure of West Pakistan the income of East Pakistan from export was transported to the West. These were done by not considering the interests of East Pakistan. In the central government the numbers of Bengali employees were less than 15% and in the defense service they were less than 10%. Most of the army establishments were in the West. Most of the defense budgets were spent in there. The costs of daily commodities were increased in the East Pakistan 50 to 100 times than the West. In the beginning the development cost of Karachi as the capital of Pakistan was assumed 0.2 billion taka. Later it was established as the provincial capital of the West Pakistan and another 0.2 Billion taka was allotted to establish Islamabad as the new capital of Pakistan where as only 200 million taka was allotted for the development cost of Dhaka, the second capital of Pakistan. In the then army of Pakistan the 90% members were fro the west among them participation of Punjabis was the most. Only 10% was from the East Bengal (East Pakistan) whereas the 56% population of Pakistan was in the East. In the army the Bengalis were spread out in different units so that they could not feel their identity. Because of this policy Bengalis had no position as a separate power. As a result the Pakistan army was started to be organized as a non Bengal force. Economic exploitation, racial persecution, negative mentality of the central government in terms of political right all became the fundamental characteristics of the race oriented colonial administration.

2.4 Background of Liberation:
The six points movement of Bongobondhu became accelerated due to the long sequence of discrimination from 1948. In one phase, the innovator of basic democracy based dictatorship, Ayub Khan decided to hold election on the basis of suffrage and to establish the parliamentary government accepting the sovereign power of the people on 13th March, 1971. On 10th March, in a meeting summoned by him he left the unsolved things like the cancellation of single unit and provincial autonomy on the public representatives to decide. Noticeable that just after this declaration he handed over the power illegally to the chief of the army General Aga Mohammad Yahia Khan in spite of the speaker by breaking the constitution made by him on 1962. Next day on 26th March, Yahia Khan suspended the ordinance, national and provincial assembly and imposed martial law. On 28th March in a speech to the nation he promised to hand over the power to the public representative, to hold election on the basis of ‘one person, one vote’ and to give more autonomy. On 30th March, by an order the single unit system was cancelled and the West Pakistan was divided into four provinces and the area governed by the central government was declared as the federal region. In the same date by the legal frame work order the declaration of election of National Assembly was made on the 300 seats and 13 conserved seats for the lady representatives. On 31st March he declared himself as the President and banned all political parties. On 3rd April, President Yahia formed supreme military council consisting of 3 members to control the administration and employed two of his close accomplices as the governor of the two provinces of Pakistan. On 4th August, though a cabinet of 8 ministers were formed, Yahia hold the power of the ministry of foreign affairs, defense and planning and strategy. On 28th November in his speech to the nation, he mentioned again his promise to bring back the constitutional government and he declared 5th October, 1970 as the date for the election to form the National Assembly.

2.5 Historic 6 points based autonomy and 11 points based ordinance of the students’ community:
From the 1st January of 1970 the order of banning the political parties was withdrawn. In the 10 years and 5 months of Ayub Khan’s rule, either Mujib was in Jail or under the surveillance of the detectives. As the date of the election was declared the demand of six points based autonomy, the demand for the 11 points based ordinance of the students’ community and the demand of forming a sovereign national assembly became the talk of the time among the Bengalis. As the date of election was coming closer, the publicity for the election became intense and strong. The focal point of this publicity was Bongobondhu Sheikh Mujib. At that time he became the undisputed leader of Bengal and the Bengalis. At the time of publicity his statement was, “The upcoming ballot war will be his last battle to ensure the right s of Bangla in a peaceful way”. The central government of Pakistan and the anti Bengalis circle tried to cancel the election seeing the firm stance of Bengalis in favor of Bongobondhu’s six points based autonomy.

Despite of mischievous effort to suspend the election the people gave an unanimous mandate to the six points and Bengali nationalism. Awami League led by Bongobondhu won landslide majority by winning 167 seats out of 313 seats and won the mandate to form the central government of Pakistan. Awami League won the 288 seats among the 300 seats of the East Pakistan provincial assembly. The result of the election astonished the Pakistan government, army and the intelligence agency. They had assumed that the Muslim League, Nejam E Islam, Jamaat E Islam, Pakistan Democratic Party and other Islamic parties who had been helped by them would be able to win at least 50-60 seats. These parties also convinced the government that Awami League will not win majority in East Pakistan. Since the assumption was failed it became harder for the selfish Pakistani rulers and military officials to accept the government of Bengal. Conspiracy started again. Jamaat E Islami, Muslim League (both convention and council) and other religious reactionist groups who have protested the language movement, who have

protested the movement of historic six points and 11 points of the students’ community for establishing the right to self determination and autonomy and after all who have acted as the collaborator of the self interested political parties and have been refused by the people became involved in this conspiracy. Despite of clear mandate from the people the probability of handing over the power to the mass representatives became more subtle. In the national assembly election Pakistan People’s Party won 88 seats.

The chair person of this party Zilfiqr Ali Vutto told in a conference on 20th December, 1971 that his party would not take seat as the opposition party at the national assembly. The relationship between East and West was growing bitter as their delay to hand over the power. Bongobondhu told repeatedly about his interest in taking cooperation of the West Pakistani mass representatives and said, “There is no consideration about the principle. The government will be formed according to the six points. No one will be able to protect it.”

2.6 Larkana Plan:
Besides summoning the national assembly, on 13th February 1971 the military rulers of Pakistan, chair person of the Pakistan People’s Party Zulfiqr Ali Vutto and some leaders of East Pakistan me to plot a secret conspiracy. In mid February at Larkana, the home village of Vutto Yahia and Vutto secretly met in a boat which is known as the Larkana Plan. The plan was to leave East Pakistan without fixing any interim government. According to the plan major general Omor requested the West Pakistani politicians not to attend the national assembly session. According to his statement, “It is better to leave East Pakistan than to go to Dhaka.”

On 15th February the leader of Pakistan People’s Party Zulfiqr Ali Vutto declared that his party will not attend the upcoming national assembly session. He threatened the elected members of his party of severe punishment if they go to Dhaka. Mr. Vutto told

Bongobondhu, “Idhar hum udhar tum” that means “here I am, there you are”. To summarize Vutto was not agreed at all to act as the opposition party of united Pakistan. In a decisive meeting of the Awami League parliamentary parties Bongobondhu summoned all parties to accept the rule of majority according to the democratic procedure and to exclude the fascist way of capturing power for the sake of the unity and solidarity of the country. Nevertheless the conspiracy of capturing power was going on. In this political context the national leaders of Bengal took firm stance in demand of handing over the power to the Bengali representatives. The all out struggle of Bengali students, laborers, civilians and farmers started. Under this circumstance the civil and military circle of Pakistan decided to take military action to remove the struggle of Bengalis for autonomy forever.

2.7 Secret Plan ‘Blitz’:
As per this decision on 22nd February 1971 President general Yahia Khan met in a secret meeting at the President house in Islamabad with all the governors of the provinces and all the marshal law administrators. In this meeting chief marshal law administrator Abdul Hamid Khan and principal staff officer G.M. Pirzada were present among others. In this meeting the secret plan of military operation ‘Blitz’ was approved to be applied if Bongobondhu cannot be stopped from applying the six points. Before meeting with all the provincial governors Yahia and Vutto secretly met and discussed on that issue on 11th, 19th and 26th February. According to the plan ‘Blitz’ the 16th Infantry division from Quetta and 19th division from Khorium were ordered to take preparation to go to East Pakistan. According to that plan two infantry battalions were brought to Dhaka by PIA flight from 27th February to 1st March.

2.8 Preparation for genocide:
The plan of operation search light was in mind of many Pakistani generals. The draft plan was prepared by General Khadim Raja and general Rao Forman Ali Khan at the office of GOC in Dhaka. This dangerous plan was made by general Rao Forman Ali Khan.

On 20th March, the plan of the operation search light consisting of 16 paragraphs was submitted to general Tikka Khan and general Hamid for their approval. The heinous plan for killing human civilization and innumerable human lives was made on a blue paper by a wooden pencil and by the touch of a pen the death and destruction of 3 million people was ensured. On February 1971 Yahia Khan said, “Kill three million of them, and the rest will eat out of our hands (Massacre, Robert Payne, page-50). The concept about the plan and preparation of Pakistani army on the genocide can be understood from this statement.

Next, general Khadim and general Rao Forman Ali Khan informed the brigade commanders of East Bengal such as Brigadier Durrani of Jessore, brigadier Iqbal Shofi of Comilla, lt. colonel Fatimi of Chittagong and brigade commanders of Rajshahi, Sylhet and Rongpur. General Arbab of 57th brigade took the charge of the operation of Dhaka city and its suburbs. That time general Mittha and major general Iftekhar Zanjua were present in Dhaka to cooperate this genocide. They also took part in this heinous act. All the commanders and officers who were present here in nine months took part in this genocide and extermination of Bengalis which was named as the Operation Search Light.

From 1st February to 3rd March Pakisani soldiers were sent to East Pakistan by three merchant vessels. Thus they increased their power to apply force on the unarmed helpless Bengalis. In this situation Bongobondhu Mujib said in a conference arranged by Dhaka Chamber of Commerce, “……. The conspiracy is going on to discard the merits of the election. I shall not be responsible for any bad effects of the efforts for creating

obstacles to the democratic process. He also said, “ Six points will not be imposed forcefully.”

2.9 Criminal Enterprise:
The next day on 1st March President Yahya suddenly postponed the national assembly session as a part of the anti Bengali conspiracy.

On 2nd March Admiral Ahsan was replaced by lieutenant general Yakub Khan as the Marshal law administrator as Ahsan was not agreed to launch secret military operation on innocent Bengalis. Yakub Khan was the planner of the ‘Blitz’ and he was also in charge of the governor of the East Pakistan. Just after taking power Yakub Khan imposed strict control over print media and in case of violation of this regulation the highest punishment was 10 years imprisonment. Dawn to dusk curfew was imposed. By applying the ‘Blitz’ plan the marshal law administrator of East Pakistan completed the first step to be the criminal enterprise and later it took the full phase.

2.10 After the declaration of postponement of the assembly session people were burst into agitation. The whole Bangla became the city of agitation. Men- women, children-elderly all became frenzied for freedom. No party, no opposition, no anti all became under the leadership of Sheikh Mujib and informed the world that there is no consideration in the demand of democracy and right to self determination and freedom. The struggle for autonomy speedily turned to struggle for freedom. Only wait was for the instruction of Bongobondhu.

2.11 On 6th March 1971, in the midst of intense mass agitation President Yahia Khan declared again the date for national assembly session. Meanwhile due to the suspicious movement of the army it became firm in the mind of people that this proposal of

Yahia was actually a part of the deep conspiracy of Pakistani government, Pakistani army and their henchman political parties. At that night Lt. Gen. Tikka Khan whio was known as the ‘butcher of Baluchistan’ was appointed as the governor of East Pakistan and as the marshal law administrator to fulfill the plan of operation search light. On 7th March he took the charge and instructed the army secretly to disarm the East Bengal Regiment, East Pakistan Rifles Battalion and police force and to take the control of the Chittagong naval base and Lalmonirhat and Ishwardi air base.

2.12 Historic 7th March:
On 7h March, 1971 Bongobondhu gave a historic speech at the Ramna race course field in front of 1 million people. He said, “…….they have summoned assembly on 25th. Blood stains have not been dried up. I have said on 10th that no assembly will be opened on the blood and the dead body of the martyrs. Marshal Law has to be withdrawn. All army personnels have to return to their barracks and power has to be handed over to the public representatives. Then we shall decide whether we will go to the assembly or not.” In the end of the speech he said, “….this time our struggle is for freedom, this time our struggle is for liberation.” A new chapter of non cooperation movement under the leadership of Bongobondhu started. As the working procedure of the movement 10 points were declared. In the mean time at least 172 people were killed and 358 people were injured by the order of military authority. Non violent non cooperation movement under Bongobondhu’s leadership was moving forward in unstoppable pace. 10th March, Air vice Marshal Asgor Khan said at Karachi, “ Now the government should accept the previous conditions of Sheikh Sahib and to hand over the power to him Because the concept of being exploited and persecuted among Bengalis cannot be changed without it.” In that day in a public conference at the field of Bindubashini High School Maolana Bhashani told people to obey Bongobondhu, the leader of 70 million people. Thus Bongobondhu became the undisputed leader of Bengal by being inconsiderate and and firm in question of the interest of the people of Bengal. On 14th March, after the two weeks non violent non cooperation movement, the general secretary of Awami League Tajuddin Ahmodhe told people to continue the struggle. Bongobondhu Sheikh Mujib said in a newspaper statement, “…..the spirit of freedom of Bengalis cannot be stopped. No one can defeat us. Because we are ready to accept the death if necessary. We want to provide our next generation a free country and to provide them the status of independent and free people. Our struggle will be continued with great enthusiasm until we reach the goal of freedom. I applied to the people to be prepared with anything possible to face any power and for any sacrifice.” On 14th March, the minority leader, the leader of Pakistan People’s Party Zulfiqr Ail Vutto said in a press conference, “ Majority based government is not applicable for Pakistan.” He advised to hand over the power to the two majority parties of East and West Pakistan. That day Bongopbondhu declared new 35 points activities to continue the struggle and declared, “…. Struggle will be continued, strike will be continued.” To establish the right to self determination Bongobondhu chose the non violent non cooperation movement as his political weapon.

2.13 Criminal Intent

Planning of Operation Searchlight:
In this crucial moment of state’s political situation Yahia Khan came to Dhaka with a gang of generals and was wasting time in excuse of finding a peaceful way to solve the problem. The hidden intention of wasting this time was to prepare for the military action against the unarmed Bengalis. General Abdul Hamid, Lieutenant gen. Rao Forman Ali and Major General Khadim Hosen Raja were engaged in planning the operation. On 18th March, the plan of Operation Search Light was accepted.

On 19th March, 1971 Pakistani soldiers tried to disarm the Bengali soldiers of East Bengal regiment deployed in Rajbari of Joidevbur but Bengali soldiers did not agree to be disarmed. High ranking officers of army ordered the Bengali soldiers receiving special

Training to return their arms but the soldiers refused. Mutiny occurred. Meanwhile on 2nd March MV Swat of national Shipping Corporation was docked on 16th Jetty with 7 thousand tons of ammunition and modern weapons and another ship Ocean Advance was docked at 10th Jetty with 3621 packets of similar weapons. The laborers and workers of Chittagong port started intense demonstration with common people in protest of unloading these weapons. The weapons and ammunitions brought from the West Pakistan were amassed in different parts of the country. Suspicious movement of high ranking military officers was observed in different garrisons. Naval power in Chittagong was also increased.

On 21st March chairman of Pakistan People’s Party Mr. Vutto stated an allusive remark after a meeting with Yahia Khan, “All will be well”. Actually it was the signal of stopping Bengalis by weapons from their struggle for self determination which was easily interpreted by the pro liberation Bengalis.

On 22nd March, at 10;50 am guarded by soldiers full of three trucks and jeep Zulfiqr Ali Vutto went to the President House from the Intercontinental Hotel to ‘discuss’ with Yahia by a Chevrolet Imperial car. At about 1:15 after his returning guarded by a lt. colonel of artillery unit, Yahai Khan postponed the session of national assembly again.

On 25th March, in front of his residence Sheikh Mujib said to thousands of people, “…we want peaceful solution, but if anyone doesn’t want peaceful solution they will not able to suppress us. I hope that no one will try to do that.” He declared strict warning against imposing any decision. In the last phase of wasting time in the name of discussion with Sheikh Mujib Pakistani army continued their inciting activities in Dhaka, Chittagong, Rajshahi, Jessore, Joydevpur and in the whole country. Secretly they took shelter in the residences of non Bengalis. By inciting people with locals and non locals they killed 15 unarmed innocent Bengalis. Same thing was occurred by the Punjab regiment at Mirpur of Dhaka.While the countrymen and Awami League was aiting or Mujib Yahia meeting, that time Mujib left Dhaka at 7 pm and ordered Tikka Khan to launch military operation. After some hours of Yahia’s leaving Dhaka, the army went out from the cantonment and took position in different places with tanks according to the plan of Operation Search Light. Just after that the heinous operation was started on the sleeping Bengalis which was continued until their surrender on 16th December, 1971 at 4:30 pm to the allied command of Bangladeshi Liberation force and Indian Allied army. The next day after launching military operation when the army informed Tikka Khan that Dhaka has been won then he entered into his office room. He spent the night without sleep. Early in the morning brigadier Arbab fetched Vutto to the airport safely from the Intercontinental Hotel. Before leaving Dhaka Vutto praised Tikka Khan, Rao Forman Ali Khan and Arbab for their task and after reaching Karachi airport he said, “Thanks God. Pakistan has been saved.”

2.14 Operation Searchlight
Pakistani rulers started their operation search light by attacking suddenly on the sleeping and innocent people of Bengal. They hurled on the school, colleges, hostels and residential quarter of the teachers and destroyed them by gun fires. They launched armed attack on the cities like Dhaka, port city Chittagong, Noakhali, Comilla, Sylhet, Faridpur, Mymensingh, Tangail, Rajshahi, Rongpur. Dinajpur, Pabmna, Bogura, Kushtia, Faridur, Jessore and the greater Barishal. The target of this attack was the entire Bengali nation that mean Bengali police, army,EPR,Ansar, Hindus, Awami League, leaders and workers of progressive parties, students of schools, colleges and universities, poets and literary and intellectual personalities except some communal agents of Pakistan. In the black night of 25th March, 1971 under the cover of Operation Search Light Pakistani army led by Lt. Gen. Tikka Khan attacked on the Rajarbag Police Lines, the then EPR Headquarters at Pilkhana, Jogonnath Hall, Rokeya Hall, Iqbal Hall (Now Sergeant Johurul Huq Hall) and killed innumerable people who were innocent and unarmed. The Operation Search Light which was started by intense racial conflict, genocide, looting and raping soon gulped down the entire country. It was a deliberate genocide and racial extermination. It can only be compared to the attitude of Nazis toward the Jews and Russian POWs.

Notorious military ruler Ayub Khan thought, “ Bengaleee are lower class race, unfit to enjoy any kind of freedom, Pakistanis had every right to rule over the defeated nation- Bengalees that was his point of view.” (Massacre, Robert Payne, page-30)

To realize the mentality of the planners of genocide a remark of Niaji can be mentioned, “Bengalees were often compared with monkeys and chickens, said Pak Gen. Niazi. It was a low lying land of low lying people. The Hindus among the Bengalees were as Jews to the Nazis, scum and vermin that should best be exterminated.” As to the Muslim Bengalees, they are to live on the sufferance of the soldiers, any infraction, any suspicion cast on them, any need for reprisals could mean their death. And the soldiers were free to kill at will. The journalist Dan Coggin, quoted one Punjabi Captain as telling him we can kill any one for anything we are accountable to none. This is arrogance of power.” (R.J. Rummel, Death by Govt. Page-335)

According to the Multi Ethnic Research Centre of Uppsala University, Sweden the extermination of the Jews by the Nazis was the most systematic sadistic campaign of mass extermination in the world which can be included in the same level of killing 3 million Bengalis by Pakistani army from 25th March to 16th December, 1971. Pakistanis considered that killing Bengalis is the solution to all problems. This mentality can be found in a book named Witness to surrender written by a Pakistani Army officer named Siddiq Salik. He described that just after the operation search light a Pakistani captain named Chowdhury said,”Bengalis have been cleansed and selected properly for at least one generation.”

Bongobondhu Sheikh Mujibor Rahman declared the independence in the mid night of 25th March and in the first hour of 26th March and a new nation was born which was aired in many news media. Just after his declaration Pakistani soldiers arrested him in the very night. Bongobonghu’s declaration of independence was published in the head lines of London Times Magazine in the next day, 27th March, 1971. After the declaration of independence pro liberation people of Bengal started liberation war to resist the aggression of Pakistani army. Bengali soldiers, EPR, Police and common people and students took pat in the liberation ware spontaneously. Fearless heroic Bengalis continued their struggle for independence according to the instruction of Bongobondhu. Colonel M A G Osmani was appointed as the chief of the army. From the free Bengal radio station the proclamation of independence was aired repeatedly. The struggle for liberation was spread into the villages with unstoppable pace.

2.15 Proclamation of Independence
In the midnight of 25th March just after the attack of Pakistani army, Bongobondhu gave the proclamation of independence- “This may be my last message, from today Bangladesh is independent. I call upon the people of Bangladesh wherever you might be and with whatever 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. Soon after this declaration at about 1:10 am a troop of Pakistani army surrounded his residence at Dhanmondi and fired ruthlessly at the house and then arrested him and imprisoned him at the Dhaka cantonment and later in Mianwali jail in Pakistan. During his imprisonment the people of Bangladesh got involved in a fatal conflict with the Pakistani army to resist their aggression. The liberation war broke out. On 10th April 167 elected members of National Assembly out of 169 from the East Pakistan declared the formal proclamation of independence in the light of the proclamation made by Bongobondhu.

On 17th April, by this proclamation the temporary Mujibnogor government was formed at a mango orchard of Boiddonathtola in Meherpur considering Bongobonthu as the President of the republic, Syed Najrul Islam as the vice President and Tajuddin Ahmed as the prime minister. Thus the government of People’s Republic of Bangladesh was formed. The head of the government was formed at Mujibnogor, a free area of south- eastern zone of Bangladesh. The final victory was achieved at 16th December of 1971 after a deadly battle with Pakistani occupation army, their fifth columnist collaborators like Jamaat E Islami, Nejam E Islam Party that is the rightist political parties, the leaders of Peace Committee and their auxiliary forces like Al Badr, Al Shams, Civil Pioneer Forces and these occupation power was compelled to surrender to the allied command of liberation army and the allied army. The free and sovereign Bangladesh was drawn in the world map.

2.16 Crimes committed in the night of 25th March, 1971 Pakistani army attacked on the pro liberation unarmed Bengalis under the name of operation search light which was continued up to 9 (nine) months until16th December. On 25th March Pakistani army and their auxiliary forces committed the following crimes under the section 3(2) of the International Crimes (Tribunal) Act, 1973- crimes against humanity, murder, extermination, forced conversion to another religion, enslavement, deportation, imprisonment, abduction, confinement, torture, rape, persecution, burning. Looting etc. and besides these they also committed genocide and other crimes defined by the International law.

2.17 Deadly torture on civilians and innocent people was continued within these 9 months of war. In the mod night of 25th March Pakistani army invaded Rajarbag Police Lines, EPR Pilkhana, Jogonnath Hall, Iqbal Hall and some Hindu surrounded area like Shnakhari bazaar, Ramna Kali temple not only in Dhaka in that night almost one thousand unarmed Bengali trainee soldiers were shot In one night they killed around one hundred thousand people of Bangladesh. A heinous situation was created by burning houses, residences and markets. This extermination process was started by killing the intellectuals, leaders of Awami League and other progressive parties and the pro liberation Bengalis. Before the invasion Lt. Gen. Tikka Khan said to the soldier, “ I don’t want human I want the soil”. The order of Tikka Khan was carried out flawlessly by major gen. Rao Forman Ali Khan and brigadier Jahanjeb Arbab. On the extermination of Bengalis the then Bengali SSG officer major Abu Taher said, “The barbaric purpose of military Junta was not unknown to us who were in West Pakistan, when from General Headquarters of the Pakistan Army the message went out: Burn everything, kill everyone in sight.”[Lawrence Lifschultz, Bangladesh: The Unfinished Revolution, P.77]

2.18 International Commission of Jurists (ICJ) in their ‘Report of the Commission of Inquiry into the events in East Pakistan, 1971’ gave more proof of the message, “ Burn everything, kill everyone in sight.” There it is mentioned from Antony Mascarenhas that, “Mascarenhas has recounted how the WWest Pakistani army systematically massacred tens and thousands of Bengalis. He described how one Major Iftekhar set fire to a row of house in a Hindu village and ruefully said on the following day ‘I burnt only sixty houses, if it hadn’t rain I would have to the whole bloody lot.’ This mission was officially known as the ‘kill and burn mission’. The title is itself sufficient to show that they were a fragrant breach of Geneva Convention. [International Commission of Jurists, Report of the Commission of Inquiry into the events in East Pakistan, 1971]

2.19 Reporter Ted Koppel of American ABC News commented on the mass killing committed by Pakistani army on 25th March, 1971, “When the shooting began in Dacca it was after midnight. Almost all of us who had come to Dacca to cover the story were in the same hotel. One Japanese reporter was caught at the cable office. Troops brought him back to the hotel in the morning and then kept all of us there literally at gunpoint. The film you are seeing now could be shot only from the hotel windows. In terms of covering the story it was a serious limitation. But most of us had been in Decca for more than a week already and some of the local residents working or staying at the hotel were able to pin points the location of the blossoming smoke clouds. The University where hundreds of student activists lived was hit, so too has the Old City of Dacca a badly run down area packed with supporters of Awami League. The People, a local newspaper that had run a series of scathing editorial cartoons on West Pakistani leader Ali Vutto the day before was singled out before was singled out for special attention. Troops set its offices on fire and then shot into the flames as members of the staff jumped out of the windows. Most of the damage appeared to have been done by tanks, recoilless rifle fire and machine guns. There is no accurate way of estimating how many people have died in Dacca, let alone all of East Pakistan. The army moved in without warning but with a [precision that indicated that the plans had been drawn up even as peace talks between President Yahia Khan, Sheikh Mujib and Ali Bhutto were underway in Dacca.” [Seizure List and Documentary Proofs prepared by the Investigation Agency of the International Crimes Tribunal (4th Volume)]

2.20 Similarly Michael Clayton of BBC said, “ I was in the lobby of the Intercontinental Hotel in Dacca last Thursday night when Pakistani soldiers suddenly hurled down the East Pakistan Independence flag outside the hotel and burned it. When I tried to leave by the Hotel Front door they pushed me back at gunpoint. The army clampdown on Dhaka had begun. It was a ruthless exercise and intimidating the cities virtually unarmed population. Later on Friday from the hotel we watched tanks rumbling through Dacca’s mostly empty streets. Occasionally a few warning shots were ffired to keep people indoors. There had been very little resistance by East Pakistan’s independence volunteers. An ordeal bby fire was the next phase in the army’s plan to quell Dacca’s resistance to the Central Government. Huge fires were started including the students’ hostel and some of the most crowded housing areas. Wrecked cars marked the spot where during the night I had seen troops demand surrender from the local people. Then they fired into the alley and burned down a pro independence newspaper office. Trucks of ammunition and weapons were driven away by the Pakistan Army after seizing them from East Pakistan Police who had cooperated with the independence movement. Some East Pakistani officers and soldiers were also disarmed by the West Pakistanis. The Army broadcast curfew warnings and wrenched down independence flags from Dacca’s shops and houses. There were tough penalties for showing the flag after that. Mr. Bhutto, the West Pakistan People’s Party’s Leader was given safe conduct out of the Intercontinental Hotel, He had been aatending constitutional talks with the President. The troops wondered if they’d fire at the cameraman and this film was shot by a French team from the hotel windows. It’s the only film to have escaped the rigorous searching by the military authority when we were expelled. The President’s ambition, he says, is still to transfer power from his Army to the people. But the goal seemed remote as the Army ruthlessly established its control and inevitable bred amongst the Pakistani community. Even when the curfew was lifted the troops were to prevent gatherings more than five people for the next three days at least. They clearly relished heir role as the masters of East Pakistan. One can’t estimate the number of dead so far in East Pakistan but it would be impossible to fire so many buildings without causing considerable casualties. It’s a desperately overcrowded community of people mainly living in shanty houses. The prospect of real resistance by East Pakistanis is much better outside the towns and if they organize an effective guerilla force in the country the East Pakistanis could in the long run still make it possible for West Pakistan succeesfully to continue its domination from its power base on thousand miles away.” Michael Clayton, BBC News, reporting [Seizure List and Documentary Proofs prepared by the Investigation Agency of the International Crimes Tribunal (4th Volume)]

2.21 In the black night of 25th March, 1971 Pakistani occupation army implemented the above mentioned blue print named Operation Search Light by the military crack down from 25th March to 16th December, 1971. In this regard it is mentioned in the ICJ report- “ The army shot, killed and destroyed at sight on the least suspicion, and burnt down village after village, especially those inhabited by Hindus…. Mascarenhas reported that he was repeatedly told by senior military officers in Dacca and Comilla, “We are determined to cleanse East Pakistan once and for all of the threat of secession, een if it means killing of two million people and rulling the province as a colony for 30 years. [International Commission of Jurists, Report of the Commission of Inquiry into the events in East Pakistan, 1971]

2.22 In the report of ICJ more important statements of Antony Mascarenhas in this regard was quoted. Mascarenhas said about the military operation of Pakistani army during the liberation war on 1971, “What struck me was the impression I got, a very hard impression that this was a regular pattern. It wasn’t somebody venting his spleen, but he had clear orders to clean up. It was the pattern of killing. You killed first Hindus, you killed everyone of East Pakistan Rifles, the police, or the East Bengal Regiment you found, you killed the students, the male students, if you got a woman student you probably did something else, the teachers…… the teachers are supposed to have been corrupted by Hindus. It is the pattern that is most frightening. I have seen the partition riots in Delhi in 1947. That was mob frenzy. It was completely different here, This was organized killing, this is what was terrifying about it. It was not being done by mobs. It was a systematic organized thing. [International Commission of Jurists, Report of the Commission of Inquiry into the events in East Pakistan, 1971]

2.23 From 25th March to 16th December, 1971 in these nine months Pakistani army and its auxiliary forces were committing crimes which were aired in foreign media. On 12th April 1971 news of this kind was aired in the CBS channel, an American television channel. In the news a journalist named John Sheahan interviewed an American citizen named Fritz Blankenship. It was said in the interview-

Q to Fritz Blankenship: You seemed to have gotten closer to the West Pakistani army officers that than any other foreigner. Can you tell me anything about the people, the officers, how they think?

A. Yeah, as I said before the, there were some that were very nice, they, the particular captain in the hill was a seemed to be fair minded but they had no qualms about killing civilians at all. One in particular was a major Kamal. This man, we sat and talked for about two hours and this guy bragged about what he was going to do whe the war was over when it was finished. He made the statement, “Ahh its bloody good fun this war is.” And he was very up up in the air and made statements like, “When this is over, no Bengali will drive a car, only foreigners and West Pakistanis” They have a club their called Chittagong Club. “No Bengali will be allowed in the club, no dogs or no Bengali allowed in the club.” He told us of the, that at the Police lines, when they had this, there was one points a resistance, it was a pretty good fire fight one particular night and he told us that they lined these survivors up agains the wall and shot them and fed the bodies to the dogs because the dogs hadn’t eaten in a month. He also made a statement that , “I am going to have the most beautiful Bengali mistress in Chittagong and all my troops will have one.” It was kind, it was sickening to listen to this man. It was, I’m glad, It was because I couldn’t have gotten by with sitting there. I now my face would have given me away. I was completely done on this guy. [Seizure List and Documentary Proofs prepared by the Investigation Agency of the International Crimes Tribunal (4th Volume)]

2.24 On 19th August, 1971 this news was aired by the ABC News, an American news channel. In the news, Lou Cioffi the journalist of ABC News said, “This is the town of Nalcchada. You won’t find it on any man. It’s close to the city of Dacca, a small farm village and it’s one one that has been completely destroyed by the West Pakistani Army. Their man crops seem to be rice and onions. They were considered fortunate because they lived near a railroad but this is what destroyed their village. Several weeks ago East Pakistani terrorists placed a mine on the rail road bridge nearby. Several cars were destroyed. No one knows if there were any casualties. But the villagers in the vicinity say that the Wes Pakistani army moved quickly and thoroughly. Nalcchada had to take the blame for the sabotage and the village was systematically wiped out. Informed sources here in East Pakistan tell me that this is now a formal policy of the government. Any act of sabotage, any attacks on West Pakistan troops and the villages nearby will be responsible and destroyed. But it does not semm to having any effect. There are increasing number of guerilla attacks. The West Pakistani government has set up road blocks everywhere, vehicles are searched. Papers examined. They had checked the Samapan I had to use to got oNalcchada. There are seventy thousand men here, West Pakistani troops, but before this is over, they may need a lot more.” Lou Cioffi, ABC News, Nalchhada, East Pakistan. [Seizure List and Documentary Proofs prepared by the Investigation Agency of the International Crimes Tribunal (4th Volume)]

2.25 From 25th March to 16th December, 1971 during this time period Jamaat E Islami, Rajakar force, Peace Committee, Al Badr, Al Shams, Mujahid force were emerged as the auxiliary forces of Pakistan army to commit crimes. As the auxiliary forces of Pakistan army the above mentioned forces got involved in committing crimes that are defined by the section 3(2) of the International Crimes (Tribunal) Act, 1973 as the auxiliary forces of Pakistani army. Tariq Ali commented in this regard, “ Operation Search Light was brutal, but ineffective killing students and intellectuals did not lead to the quick and clear victory sought by the Pakistani generals. Once the initial attack had failed, the military with the help of local Islamist volunteers (members of Jamaat E Islami) began to kill Hindus- There were 10 million of them in East Pakistan – and burn their homes. Tens and thousands were exterminated. There were war crimes according to any International law.[Tariq Ali, The Duel- Pakistan on the flight path of American Power, P-83]

2.26 In December, 1971 when the Pakistani army and their auxiliary forces were in verge of their defeat they undertook a plan to destroy the intellectual and knowledge based development of Bengalis. In this regard it is said in the report of ICJ: These murders were perpetrated by the members of Al Badr, A Bengali organization which came into being after 25 March, 1971 and which is believed to have been the action section of Jamaat E Islam, the extremist Muslim. Their goal was to wipe out all Bengalis who advocated independence and the creation of a secular state. It has been alleged that the Al Badr raids were carried out at night, the victims being led away blindfolded at gunpoint, never to return. Many were taken to the Dacca College of Physical Education Building. A janitor, at the College stated. They brought in hundreds of

people all nicely dressed and tied up. We could hear the screaming all the time from the rooms. [International Commission of Jurists, Report of the Commission of Inquiry into the events in East Pakistan, 1971]

2.27 Criminal Organizations:
During the nine months of war the real criminal behind many crimes was the Pakistani army who were always active to implement the discriminatory, dominating and eradicating principles of West Pakistan against the people of East Pakistan. But to conduct successful military operation in the then East Pakistan adequate local help was essential. The reasons behind this essentiality were difference in language, lack of local knowledge, political biasness of the locals and information regarding the personal position of the local residents (whether in support of Pakistan or not). Pakistani army was dependant on some local auxiliary forces for these deficits. Jamat E Islami, Islami Chhatro Shongho, Peace Committee, Rajakar force, Al Badr Force, Al Shams force and other organizations came into being and came forward to help Pakistani occupation army. It should be mentioned that some of these organizations were active before the broke out (e.g. Jamaat E Islami and Islami Chhatro Shongho) and rest of them became organized after the war broke out. The above mentioned plans of Pakistani army were with criminal intent and thus the activities of these organizations were also criminal and as a result these forces turned into some criminal organizations. The occupation army of West Pakistan and these auxiliary forces were the criminal organizations of 1971.

2.28 Way of selecting the victims:
The auxiliary forces of Pakistani army i.e Jamaat E Islami, Peace Committee, Rajakar force, Al Badr, Al Shams etc. used to select their victims by some particular characteristic

to suppress the liberation war. In this case Pakistani army and their auxiliary forces followed the same standard to identify their victims. The standards were mainly religion, race, gender, political involvement, relation with the war and the freedom fighters and some times the victim’s age.

2.29 The final victim of the heinous act of the Jamaat E Islami, Peace Committee, Rajakar force, Al Badr and Al Shams was the intellectual society of Bangladesh. When the sun of the liberation of Bangladesh is about to rise at that time they plotted a despicable conspiracy to make Bangladesh void of merits and intellect and to implement this plan they brutally killed the intellectuals on 14th December, 1971.

3. Time, location, party and type of the committed crime:
3.1 The time period of the commission of crimes is considered from 25th March to 16th December, 1971 in this formal charge.

3.2 The entire Bangladesh will be considered as the location of all crimes against humanity, genocide and all other crimes under the international laws during the time period mentioned in the paragraph no. 3.1 of this formal charge

3.3 This formal charge identifies the pro liberation Bengalis, innocent unarmed Hindu and Muslim populace, professionals, intellectuals, and politicians etc as the political, religious and communal groups. Pakistani army, members of Jamaat E Islami, Peace Committee, Chhatro Shongho, Rajakar, Al Badr, Al Shams who will be considered as the rulers of West Pakistan and their agents.

3.4 The criminals as mentioned in this formal charge ordered the people of entire Bangladesh to murder, persecute, commit genocide, to attack on innocent unarmed people for religious, political and racial cause.

4. Political Party and Militia

4.1 Jamaat E Islami
Jamaat E Islami is a religious political party. Maolana Syed Abul Ala Maodudi (25th September, 1903- 22nd September, 1979) established this party on 26th August, 1941 at Lahore in Pakistan. Later, after the creation of India and Pakistan on 1947 this party was divided into two. The Indian Jamaat E Islami has added the word ‘Hind’ to its name. The name of the party remained unchanged in Pakistan. Actually Jamaat E Islami was developing in Pakistan as an organization. Though it was not powerful in the context of public support it became able to survive as a party.

4.2 In March 1948 Jamaat E Islami started its function by declaring the 4 points demand.

On 28th May, 1950 Maolana Maodudi centralized all the activities of his party in the Islamaization of Pakistani government.

On 21st November 1951 the conference of the members of Jamaat was held at Lahore. Besides the 22 points of the Ulamas (religious scholars) Maodudi declared his 9 points demands.

On 18th January, 1953 at a conference of 31 Ulamas in Karachi, Maodudi raised a dangerous demand which was to declare the Kadiani community of Islam as non Muslim. Later severe communal excitement was created in the entire West Pakistan due to the mass publication of a book written by Maodudi named “Kadiani Problem.” As a result from the last week of February up to the first week of March hundreds of Kadiani died. Beside it the killing in Punjab took a dangerous form.

4.3 On 6th March, 1953 martial law was imposed on Lahore. On 28th March, Maodudi was arrested. On 8th May, the military tribunal gave him death sentence for the publication
of the book ‘Kadiani Problem’, for delivering inciting speech and for convincing people to rebel against the government. Two other leaders of Jamaat were jailed.

4.4 In the East Pakistan Jamaat had not gained any foundation as an organization since then. Among the Bengali speaking people Maolana Abdur Rahim from Barishal was involved with Jamaat from the very beginning. Mr. Rofi Ahmed Indori was sent here from the West Pakistan. On 1951 Maolana Abdur Rahim got the charge of Emir of East Pakistan Jamaat E Islami.

4.5 Professor Golam Azom joined at Jamaat e Islami
When Professor Golam Azom was working as a teacher of Rongpur Carmichael College Jamaat Islami was trying to establish its foundation in East Pakistan. On 1954 he joined the party as a Muttafiq means the associate member. On November, 1956 he was employed as the provincial secretary. His main intention was to represent the single unit process logically which was an anti Bengali step and was a hindrance to achieve the autonomy. Like the rulers of West Pakistan he also discovered the probability of breaking the solidarity of Pakistan in the autonomy of East Bengal.

4.6 On 1970 Jamaat E Islami had taken part in the general election to protect the solidarity of Pakistan and Islam and to resist the Bengali nationalism and communism. Mentionable that Pakistan People’s Party of Bhutto was considered as the opposition of Jamaat from the very beginning. In spite of gigantic propaganda and huge investment Jamaat lost in the election with huge difference. In the most of the seats the candidates of Jamaat lost their security money. In the entire Pakistan only 4 candidates became elected from the West out of 200 nominated candidates. In one seat of Dhaka Professor Golam Azom lost with the difference of more than 80 thousand votes. As the liberation war broke out the religion based parties took the side of West Pakistan and some of them actively participated to protect Pakistan. They supported the Pakistan government

to protect the integrity of Pakistan, to identify the pro liberation personalities etc. Jamaat E Islami and it’s Emir of East Pakistan wing Golam Azom palyed a pioneering role in these activities.

4.7 Role of Golam Azom as an agent of Pak army in the killing of intellectuals:
Golam Azom was one of the leaders who had met Tikka Khan on 4th April, 1971 and assured him of any kinds of help. He played an important role on 10th April in the formation of Peace Committee. Golam Azom became one of the important members of the Central Peace Committee. Since Jamaat had connection with the grass root level the authority of Jamaat became established in the committee. A K M Yusuf of Khulna, the formal founder of Rajakar force was a leader of Jamaat. Jamaat led the Rajakar force in Dhaka and all over the country. Al Badr force was formed under the supervision of Jamaat and by recruiting the selected members of Islami Chhatro Shongho, the students’ wing of Jamaat. This party was pioneer in helping Pakistani army in genocide and mass destruction.

4.8 Connection between Peace Committee and the army
Emphasizing the connection between the army and Peace Committee Golam Azom said that the responsibility of protecting the country goes to the army and the responsibility of convincing the people goes to the Peace Committee. Abdul Khalek the geneal secretary of Jamaat and joint secretary Mohammad Shofiullah called upon to uproot the anti Pakistanis from the holy land of Pakistan.

4.9 Rajakar and Al Badr Training Centre
This party and its students’ wing played leading role in managing the training centres of Rajakar and Al Badr. The Jamaat leaders commented many remarks against the liberation war while on regular inspection of these training centers. Jamaat took part in the voter less election that was hold on the September 1971 and Abbas Ali Khan and Maolana A K M Yusuf of Khulna was appointed as the minister of Education and as the minister of Revenue and as the minister of public works and power and irrigation on temporary basis respectively in the cabinet of Dr. Malik.

4.10 Peace Committee
Immediate after the primary phase of ‘Operation Searchlight’ on the date 04/04/1971, a team of 12 representatives under the leadership of Nurul Amin, the President of Pakistan Democratic Party met with Lt. Gen. Tikka Khan, martial law administrator of ‘B’ region and the formation of a ‘citizen committee’ was proposed by this interview. A distinguished member of this team was Golam Ajom, the Emir of Jamaat E Islami. Beside Mr. Nurul Amin, Khaja Khoeruddin, Mr. Golam Ajom, Mr. Shofikul Islam, Maolana Nurujjaman and Moulovi Fariduddin Ahmod were involved with this team. The team proposed a citizen committee to the martial law administrator for the revival of the normal situation and for the removal of unnecessary fear and anxiety from the mind of the people. Tikka Khan welcomed their proposal for cooperation and told them to deliver the information on the miscreants and anti socials and not to provide shelter for those elements. In the end of the meeting the leaders promised to help Pakistani army by a radio statement. Under the leadership of Hamidul Huq Chowdhury, former minister of foreign affairs Golam Azom and other Jamaat leaders met with Tikka Khan again on 6th April. They promised again to provide necessary cooperation. During the nine months of liberation war the office of the Observer owned by Hamidul Huq and his residence was regular meeting place of the army officers. Rao Forman Ali, brigadier Kashem, Brigadier Siddiq, major Khalek regularly went there.

4.11 Dhaka Citizen Peace Committee
In one phase the Dhaka Citizen Peace Committee was formed on 9th April, 1971 comprising of 140 members. This committee was given authority to organize similar type of committee in different areas and unions under Dhaka city. It was declared that the other committees will work under the supervision of the central committee.
Adjournment for lunch after which the tribunal dealt with the Sayedee case

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