Monday, July 2, 2012

20 Mar 2012: Mujahid charge framing 2

After the prosecutors of Sayedee submitted its application relating to seeking the admission of statements of witnesses who could not be come to the tribunal for one reason or the other, Prosecutor Rana Das Gupta then continued to read out the formal charge application relating to Ali Ahsan Mujahid. This continues from a previous hearing.

Before he told the tribunal that he wanted to submit something additional to what is in the formal charge.

Justice Nassim told the prosecutor that he first you had to file an application and then the tribunal will pass an order.

He read out the following pages from the formal charge application.
Specific crimes committed by the Accused:

10.1 Throughout the probe, proof of complicities of the accused about the alleged crimes has been found under section 3(2) of the International Crimes Tribunal Act 1973. He had also some complicity with the nationwide committed crimes due to his superior status. Besides, some allegation and evidences of direct crimes committed by the accused also have been found. Based on the probe report, three categories of crimes allegations had been appeared against the accused. These are as follows:  
Abatement; Complicity; Crimes against Humanity including murder and torture.

10.1.1 Abatement:
Under the 3(2)(g) of the International Crimes Tribunal Act, 1973, the allegation of abatement against the accused Ali Ahsan Mohammad Mujahid had been found. The allegations are as follows:

1. 11th August, 1971 Place: Dhaka
Description of Occurrence: On 11th August of 1971, in a joint statement with the president of Islami Chhatra Shangha of the entire Pakistan Matiur Rahman Nassimi, General Secretary Mohammad Younus and the president of East Pakistan ICS Nurul Islam, the accused Ali Ahsan Mohammad Mujahid blamed some miscreants for the murder of Maulana Sayed Mostafa al Madani and warned the miscreants of facing its worst consequence.

By the above mentioned statements, the accused Mujahid termed the people as miscreants who fought against the occupying Pakistani forces and by talking about the worst consequence, he instigated the followers to destory the freedom seeker Bengali people. As the consequence of the statement, activists of Islami Chhatra Shangha formed Razakar, Al Badr, Al Shams forces nationwide and carried many crimes against humanity including torture, murder, detention, rape and genocide.

Category 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. 15th August, 1971, Art Faculty, Dhaka University, Dhaka

Description of Occurrence: On the occasion of Defence Day, Islami Chhatra Sangha, Dhaka town arranged a student assembly at Arts building field of Dhaka University where in presence of the accused Ali Ahsan Mohammad Mujahid, the president of ICS Pakistan, Motiur Rahman Nassimi said, “Pakistan is not a name of land, rather a name of an ideology. Each and every activists of Islami Chhatra Sangha is firmly committed to protect each inch of country’s land. At the program, the president of the ICS East Pakistan unit, Nurul Islam said that, India is carrying conspiracy to destroy Pakistan. To weaken the defense power of Pakistan and to weaken them economically and academically, India is carrying propaganda with their internal spies. But the patriot people and the youth had foiled their plot and will continue the success. The accused Ali Ahsan Mohammad Mujahid read out several proposals at the program. After the program, led by Mujahid and other Chhatra Shangha leaders, a procession was brought out with lots of banners containing the slogan like Pakistan will sustain even with the sacrifice of our blood, the source of Pakistan is La Ilaha Illallah and Destroy India etc.

In the name of preserving Islam and Pakistan, Nassimi supported the Pakistani force’s activities by saying that Each and every activists of Islami Chhatra Sangha is firmly committed to protect each inch of country’s land, while Nurul Islam termed the liberation struggle of Bengali people as an Indian conspiracy. He also defined freedom fighters as Indian spy and the member of the auxiliary forces as real patriot.

Remaining silent, the accused Ali Ahsan Mohammad Mujahid backed this type of provoking and revengeful speech (hate speech) and later by taking part in the rally he instigated to destroy the Bengali freedom fighters. And later as its consequence and under his instruction, activists of Islami Chhatra Shangha formed razakar, Al Badr, Al Shams forces nationwide and carried many crimes that go against the humanity including torture, murder, detention, rape and genocide.

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. 15th September, 1971, Faridpur district conference auditorium, Faridpur

Description of Occurrence: On 15th September, 1971 at a discussion arranged by Islami Chhatra Shangha at the district conference auditorium of the Faridpur district, the then General Secretary of the ICS, Ali Ahsan Mohammad Mujahid said, we have to capture Assam initially in our esteemed target of capturing India. He also urged the Islam loving people for taking military preparation. He further asserted that, no force of the world can eliminate Pakistan.
By using the word ‘No Force’ Mr. Mujahid referred to the freedom fighters and by making a call of military preparation, actually he instigated the people to destroy the Bengali freedom loving people. And later as its consequence and under his instruction, activists of Islami Chhatra Shangha formed razakar, Al Badr, Al Shams forces nationwide and carried many crimes that go against the humanity including torture, murder, detention, rape and genocide.

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. 15th September, 1971, Dhaka
Description of Occurrence: On 15th September of 1971, the accused Ali Ahsan Mohammad Mujahid wrote an article using his surname Mujahid, with the title of ‘Osrer Birudhdhe Osro, Jukti Noy’ (Let’s fight with arms against arms, defying logic). In that narrative article, he misinterpreted Islam and Quran and quoted Pakistan as the best state which he described has ‘became a worst victim of some internal and external enemies. Even after some delays, when some potential solutions of the existing discrimination are coming out, at that time many vested forces who are opposing this nation and the ideology of Islam, became active to attain their own interest. Because those ill forces understood of the dominance of East Pakistan is established here, then their plan of destroying Pakistan will be foiled. As a result, the Hindus and their associates carried an inhuman massacre here and indiscriminately killed some approximate 0.2 million Muslim here. Initially people of this land were fascinated by hearing the call for freedom, but gradually they realized that it is nothing but a conspiracy to make it a Indian continent like Muslim less Spain. This is why; the youth had revived once again. They have taken arms against those traitors. The people of this land emerged and appeared with their strength like villainous hero in different spot of the province, where the Indian spy carried their ill-effort.’

In the article, Mujahid further wrote that, it had been apprehended that after the general amnesty declared by the president, those anti-Islamist people would be disarmed. But the newspaper report revealed that, those vested corners are still working in different areas. If it continues, then the people, who proclaimed themselves as Muslim should not remain silent. If the miscreants can murder the innocent Muslims, then they would not dare to punish those people who had assisted the Pakistan and its military forces. So it is better to die after carrying massive battle for Pakistan and Islam rather than dying in their custody.

The accused Ali Ahsan Mohammad Mujahid further wrote in the article that, the Islam loving people of the country has to remember that, if they make any delay to form a strong wall like unity to assist the Pakistani government and the army, they will not get room in the Bay of Bengal and have to face worst consequence just as the holy Quran describes.

The accused Mujahid also said, the government has recruited the real patriot citizens in different forces like Razakar, Al badr and Mujahid. Many people proposed to provide heavy arms to the razakar members along with their light ones. Government has responded to that call as well. The Razakar forces are now well equipped. The real Islam loving people should make the utmost sacrifice and try to make the best utilization of this golden opportunity.

By misinterpreting Islam and distorting the Bengali movement for freedom, by referring the freedom fighters as the internal and external enemies and Indian Hindu spy, terming the liberation war as a conspiracy to make Indian subservient continent, the accused Mujahid made several hate speeches. Urging the people to fight against the freedom fighters and through his vow to save united Pakistan, he instigated the people to destroy the Bengali freedom loving people. And later as its consequence and under his instruction, activists of Islami Chhatra Shangha formed razakar, Al Badr, Al Shams forces nationwide and carried many crimes that go against the humanity including torture, murder, detention, rape and genocide.

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. 22nd September, 1971, Comilla Town Hall

Description of Occurrence: At a general meeting of Chhatra Shangha at the Comilla Town hall, the acting President of ICS, Ali Ahsan Mohammad Mujahid said, the state of Pakistan can not be allowed to be destroyed with a single activist of this organization is alive. The ICS activists will not be stopped until India is wiped out from the world map and a great united Pakistan is established. Even the ICS activists are ready for armed operation at the territorial area to meet this target. He urged the presence to take part in the struggle to preserve the unity and solidarity of Pakistan.

Mujahid’s declaration of not allowing Pakistan to be destroyed is a hate speech which irritated the people against the liberation movement that had been carried against the Pakistani occupying forces. His announcement of wiping out India is a threat against the minority which erupted vengeance among the masses against the Hindu community and he instigated the people to commit crimes against humanity by urging them to take part in the struggle to preserve the unity and solidarity of Pakistan.

Addressing the same program, Comilla district ICS President A K M Hasan urged the concerns to demolish the spirit of Bengal even in presence of the accused Ali Ahsan Mohammad Mujahid. The silence of the accused also instigated the people to destroy the Bengali freedom loving and to carry many crimes that go against the humanity including torture, murder, detention, rape and genocide.

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.

6. 2nd Week of October, 1971 (Wednesday), Dhaka 
Description of Occurrence: In a statement on Wednesday of the 2nd week of the month of October, 1971, the acting president of ICS Ali Ahsan Mohammad Mujahid harshly criticized some leaders of West Pakistan as they made some ill comments against the Razakar. He said, the youth of the East Pakistan had come forward to save the country from the conspiracy of the Indian spies; whereas Razakar and other forces are serving the nation. In the statement he further said, when our youths are sacrificing their blood, money and labor, at that time, some of our leaders are delivering ill statements residing in some luxurious hotels including Hotel Inter Continental and discouraged those patriots. Ali Ahsan Mohammad Mujahid urged the patriot youths to assist the military forces in a bid to restore the law and order.

By terming the freedom fighters as Indian spy and the member of the auxiliary forces patriot and by urging the youths to assist the military forces in a bid to restore the law and order, he instigated the people to destroy the Bengali freedom loving people. And later as its consequence and under his instruction, activists of Islami Chhatra Shangha formed razakar, Al Badr, Al Shams forces nationwide and carried many crimes that go against the humanity including torture, murder, detention, rape and genocide.

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.

7. 17th October, 1971, Rangpur

Description of Occurrence: At a conference of ICS at Rangpur on 17th October 1971, the Al Badr chief and the acting president of ICS Ali Ahsan Mohammad Mujahid interpreted the entire situation and called upon the activists to unite the people for a movement against the anti-Islam activities. He also urged to form Al Badr forces in different stages to save the country from internal and external aggression.

At the above-mentioned address, terming the freedom fighting as anti-Islam activities and defining liberation struggle as internal and external aggression and through his call to form Al Badr, he instigated the people to destroy the Bengali freedom loving people and to commit crimes against the humanity including torture, murder, detention, rape and genocide.

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.

8. 18th October, 1971, Altafunnesa ground, Bogra
Description of Occurrence: At a gathering at Altafunnesa ground of Bogra, the ICS acting President and Al Badr force chief Ali Ahsan Mohammad Mujahid urged the student and the masses to extend their all out cooperation to Pakistan army.

By urging them to provide all out cooperation, the accused basically supported the crimes against humanity and genocide committed by the Pakistani army and also instigated the people to destroy the Bengali freedom loving people and to commit crimes against the humanity including torture, murder, detention, rape and genocide.

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.

9. 23rd October, 1971, Dhaka 
Description of Occurrence: On 23rd October of 1971, the accused, the then acting President of ICS, Ali Ahsan Mohammad Muahjid called upon the mass people to observe the Badar day on 17th Ramadan, terming the day very significant for the Muslims. We are facing challenges now from the anti-Islamic forces and the Indian spies. He further said, on this special day we will make a vow to sacrifice even our lives for the sake of the nation and to establish Islam.

By terming the freedom seeking Bengali people as anti-Islamic forces and the Indian spies and by urging the member of the auxiliary force to sacrifice, actually he instigated the people to destroy the Bengali freedom loving people. And later as its consequence and under his instruction, activists of Islami Chhatra Shangha formed razakar, Al Badr, Al Shams forces nationwide and carried many crimes that go against the humanity including torture, murder, detention, rape and genocide.

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.

10. 25th October, 1971, Islamic Academy, Dhaka

Description of Occurrence: The then acting President, Al Badar chief and the accused Ali Ahsan Mohammad Mujahid chaired a conference of the ICS East Pakistan unit on 25th October of 1971. In his address Mujahid urged the people to be prepared for ultimate sacrifice to preserve the unity and solidarity of Pakistan.

In the above-mentioned statement, in the name of preserving the unity and solidarity of Pakistan, accused Mujahid opposed the liberation war that had been carried against the aggression of the occupying Pakistani forces and by making the call of sacrificing life he instigated the people to destroy the Bengali freedom loving people and to commit many crimes that go against the humanity including torture, murder, detention, rape and genocide.

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.

11. Date of Occurrence: 7th November, 1971 Baitul Mukarram premises, Dhaka

Description of Occurrence: At a gathering of ICS on 7th November 1971, the president of ICS Ali Ahsan Mohammad Mujahid warned that, from tomorrow no one will be allowed to sell any books in their libraries written by the Hindu writers or written in favor of the Hindu people. If anyone dares to do so, the volunteers who believe in the existence of Pakistan will burn those into ashes. Immediate after that provocative speech, the books of the hundred year long Ram Mohan library of the Brahma community situated in Patuatuli under Kotowali thana had been looted.

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.

12. 10th December, 1971, Baitul Mukarram premises, Dhaka

Description of Occurrence: At a grand gathering arranged by the ICS on 10th December 1971, the then president of ICS and the Al Badar chief, the accused Ali Ahsan Mohammad Mujahid urged to make major blow against the expansion policy of India. He further stated that, it became inevitable to destroy India in order to ensure the security of Pakistan.

By terming the liberation war as the expansion policy of India and by exposing the inevitability of India’s destruction, the accused instigated the people to eliminate the freedom fighters. Consequently, the Al Badar members, which were formed under the leadership of the accused, picked up intellectuals and freedom loving people from their home and later murdered them brutally, often carried genocide.

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.

10.1.2 Complicity: Under the 3(2)(h) of the International Crimes Tribunal Act, 1973, the allegation of complicity against the accused Ali Ahsan Mohammad Mujahid had been found. The allegations are as follows:

1. 11th August, 1971,  Dhaka 
Description of Occurrence: On 11th August of 1971, in a joint statement with the president of Islami Chhatra Shnagha entire Pakistan Matiur Rahman Nassimi, General Secretary Mohammad Younus and the president of East Pakistan ICS Nurul Islam, the accused Ali Ahsan Mohammad Mujahid blamed some miscreants for the murder of Maulana Sayed Mostafa al Madani and warned the miscreants of facing its worst consequence.

By the above mentioned statements, the accused Mujahid termed the people as miscreants who fought against the occupying Pakistani forces and by talking about the worst consequence, he instigated the followers to abolish the freedom seeker Bengali people. As the consequence of the statement, activists of Islami Chhatra Shangha formed razakar, Al Badr, Al Shams forces nationwide and carried many crimes that go against the humanity including torture, murder, detention, rape and genocide. Such statements of the accused let the occupying Pakistani forces in committing crimes and also allow the auxiliary forces working under imprisoned East Pakistan to collaborate the forces. As such the accused did not make any effort to refrain these sections from committing such ill-deeds, so his personal complicity with these allegations has been proved beyond reasonable doubt.

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

2. 15th August, 1971, Arts Faculty, Dhaka University, Dhaka.

Description of Occurrence: On the occasion of Defence Day, Islami Chhatra Sangha, Dhaka town arranged a student assemblage at Arts building field of Dhaka University where in presence of the accused Ali Ahsan Mohammad Mujahid, the president of ICS Pakistan, Motiur Rahman Nassimi said, “Pakistan is not a name of land, rather a name of an ideology. Each and every activists of Islami Chhatra Sangha is firmly committed to protect each inch of country’s land. At the program, the president of the ICS East Pakistan unit, Nurul Islam said that, India is carrying conspiracy to destroy Pakistan. To weaken the defense power of Pakistan and to weaken them economically and academically, India is carrying propaganda with their internal spies. But the patriot people and the youth had foiled their plot and will continue the success. The accused Ali Ahsan Mohammad Mujahid read out several proposals at the program. After the program, led by Mujahid and other Chhatra Shangha leaders, a procession was brought out with lots of banners containing the slogan like Pakistan will sustain even with the sacrifice of our blood, the source of Pakistan is La Ilaha Illallah and Destroy India etc.

In the name of preserving Islam and Pakistan, Nassimi supported the Pakistani force’s activities by saying that Each and every activists of Islami Chhatra Sangha is firmly committed to protect each inch of country’s land, while Nurul Islam termed the liberation struggle of Bengali people as an Indian conspiracy. He also defined freedom fighters as Indian spy and the member of the auxiliary forces as real patriot. Besides, the meeting also colored the members of ICS as the youth section of East Pakistan and spread vengeance and arrogance against the so-called Indian spy.

Remaining silent, the accused Ali Ahsan Mohammad Mujahid backed this type of provoking and revengeful speech (hate speech) and later by taking part in the rally he instigated to destroy the Bengali freedom fighters. And later as its consequence and under his instruction, activists of Islami Chhatra Shangha formed razakar, Al Badr, Al Shams forces nationwide and carried many crimes that go against the humanity including torture, murder, detention, rape and genocide. Whereas such statements let the occupying Pakistani forces in committing crimes and also allow the auxiliary forces working under imprisoned East Pakistan to collaborate the forces. As such the accused did not make any effort to refrain these sections from committing such ill-deeds, so his personal complicity with these allegations has been proved beyond reasonable doubt.

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

3. 15th September, 1971, Faridpur district conference auditorium, Faridpur
Description of Occurrence: On 15th September, 1971 at a discussion arranged by Islami Chhatra Shangha at the district conference auditorium of the Faridpur district, the then General Secretary of the ICS, Ali Ahsan Mohammad Mujahid said, we have to capture Assam initially in our esteemed target of capturing India. He also urged the Islam loving people for taking military preparation. He further asserted that, no force of the world can eliminate Pakistan.

By using the word ‘No Force’ Mr. Mujahid referred to the freedom fighters and by making a call of military preparation, actually he instigated the people to destroy the Bengali freedom loving people. And later as its consequence and under his instruction, activists of Islami Chhatra Shangha formed razakar, Al Badr, Al Shams forces nationwide and carried many crimes that go against the humanity including torture, murder, detention, rape and genocide. Whereas such statements of the accused let the occupying Pakistani forces in committing crimes and also allow the auxiliary forces working under imprisoned (confined) East Pakistan to collaborate the forces. As such the accused did not make any effort to refrain these sections from committing such ill-deeds, so his personal complicity with these allegations has been proved beyond reasonable doubt.

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

4. 15th September, 1971, Dhaka

Description of Occurrence: On 15th September of 1971, the accused Ali Ahsan Mohammad Mujahid wrote an article using his surname Mujahid, with the title of ‘Osrer Birudhdhe Osro, Jukti Noy’ (Let’s fight with arms against arms, defying logic). In that narrative article, he misinterpreted Islam and Quran and quoted Pakistan as the best state which he described has became a worst victim of some internal and external enemies. Even after some delays, when some potential solutions of the existing discrimination are coming out, at that time many vested forces who are opposing this nation and the ideology of Islam, became active to attain their own interest. Because those ill forces understood of the dominance of East Pakistan is established here, then their plan of destroying Pakistan will be foiled. As a result, the Hindus and their associates carried an inhuman massacre here and indiscriminately killed some approximate 0.2 million Muslim here. Initially people of this land were fascinated by hearing the call for freedom, but gradually they realized that it is nothing but a conspiracy to make it a Indian continent like Muslim less Spain. This is why; the youth had revived once again. They have taken arms against those traitors. The people of this land emerged and appeared with their strength like villainous hero in different spot of the province, where the Indian spy carried their ill-effort.

In the article, Mujahid further wrote that, it had been apprehended that after the general amnesty declared by the president, those anti-Islamist people would be disarmed. But newspaper report revealed that, those vested corners are still working in different area. If it continues, then the people, who proclaimed themselves as Muslim should not remain silent. If the miscreants can murder the innocent Muslims, then they would not dare to punish those people who had assisted the Pakistan and its military forces. So it is better to die after carrying massive battle for Pakistan and Islam rather than dying in their custody.

The accused Ali Ahsan Mohammad Mujahid further wrote in the article that, the Islam loving people of the country has to remind that, if they make any delay to form a strong wall like unity to assist the Pakistani government and the army, they will not get room in the Bay of Bengal and have to face worst consequence as per the holy Quran describes.

The accused Mujahid also said, the government has recruited the real patriot citizens in different forces like Razakar, Al badr and Mujahid. Many people proposed to provide heavy arms to the razakar members along with their light ones. Government has responded to that call as well. The RAzakar forces are now well equipped. The real Islam loving people should make the utmost sacrifice and try to make the best utilization of this golden opportunity.

By misinterpreting Islam and distorting the Bengali movement for freedom, by referring the freedom fighters as the internal and external enemies and Indian Hindu spy, terming the liberation war as a conspiracy to make Indian subservient continent, the accused Mujahid made several hate speeches. Urging the people to fight against the freedom fighters and through his vow to save united Pakistan, he instigated the people to destroy the Bengali freedom loving people. And later as its consequence and under his instruction, activists of Islami Chhatra Shangha formed razakar, Al Badr, Al Shams forces nationwide and carried many crimes that go against the humanity including torture, murder, detention, rape and genocide. Whereas such statements of the accused let the occupying Pakistani forces in committing crimes and also allow the auxiliary forces working under imprisoned (confined) East Pakistan to collaborate the forces. As such the accused did not make any effort to refrain these sections from committing such ill-deeds, so his personal complicity with these allegations has been proved beyond reasonable doubt.

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

5. Date of Occurrence: 22nd September, 1971, Comilla Town Hall 
Description of Occurrence: At a general meeting of Chhatra Shangha at the Comilla Town hall, the acting President of ICS, Ali Ahsan Mohammad Mujahid said, the state of Pakistan can not be allowed to be destroyed until a single activist of this organization is alive. The ICS activists will not be stopped until the India is wiped out from the world map and a great united Pakistan is not established. Even the ICS activists are ready for armed operation at the territorial area to meet this target. He urged the presence to take part in the struggle to preserve the unity and solidarity of Pakistan.

Mujahid’s declaration of not allowing Pakistan to be destroyed is a hate speech which irritated the people against the liberation movement that had been carried against the Pakistani occupying forces. His announcement of wiping out India is a threat against the minority which erupted vengeance among the masses against the Hindu community and he instigated the people to commit crimes against humanity by urging them to take part in the struggle to preserve the unity and solidarity of Pakistan.

Addressing the same program, Comilla district ICS President A K M Hasan urged the concerns to demolish the spirit of Bengal even in presence of the accused Ali Ahsan Mohammad Mujahid. The silence of the accused also instigated the people to destroy the Bengali freedom loving and to carry many crimes that go against the humanity including torture, murder, detention, rape and genocide. Such statements of the accused let the occupying Pakistani forces in committing crimes and also allow the auxiliary forces working under imprisoned (confined) East Pakistan to collaborate the forces. As such the accused did not make any effort to refrain these sections from committing such ill-deeds, so his personal complicity with these allegations has been proved beyond reasonable doubt.

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

6. 2nd Week of October, 1971 (Wednesday), Dhaka
Description of Occurrence: In a statement on any Wednesday of the 2nd week of the month of October, 1971, the acting president of ICS Ali Ahsan Mohammad Mujahid harshly criticized some leaders of West Pakistan as they made some ill comments against the Razakar. He said, the youth of the East Pakistan had come forward to save the country from the conspiracy of the Indian spies; whereas Razakar and other forces are serving the nation. In the statement he further said, when our youths are sacrificing their blood, money and labor, at that time, some of our leaders are delivering ill statements residing in some luxurious hotels including Hotel Inter Continental and discouraged those patriots. Ali Ahsan Mohammad Mujahid urged the patriot youths to assist the military forces in a bid to restore the law and order.

By terming the freedom fighters as Indian spy and the member of the auxiliary forces patriot and by urging the youths to assist the military forces in a bid to restore the law and order, he instigated the people to destroy the Bengali freedom loving people. And later as its consequence and under his instruction, activists of Islami Chhatra Shangha formed razakar, Al Badr, Al Shams forces nationwide and carried many crimes that go against the humanity including torture, murder, detention, rape and genocide. Such statements of the accused let the occupying Pakistani forces in committing crimes and also allow the auxiliary forces working under imprisoned (confined) East Pakistan to collaborate the forces. As such the accused did not make any effort to refrain these sections from committing such ill-deeds, so his personal complicity with these allegations has been proved beyond reasonable doubt.

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

7. 17th October, 1971, Rangpur

Description of Occurrence: At a conference of ICS at Rangpur on 17th October 1971, the Al Badr chief and the acting president of ICS Ali Ahsan Mohammad Mujahid interpreted the entire situation and called upon the activists to unite the people for a movement against the anti-Islam activities. He also urged to form Al Badr forces in different stages to save the country from internal and external aggression.

In the above-mentioned address, terming the freedom fighting as anti-Islam activities and defining liberation struggle as internal and external aggression and through his call to form Al Badr he instigated the people to destroy the Bengali freedom loving people and to commit crimes against the humanity including torture, murder, detention, rape and genocide. Such statements of the accused let the occupying Pakistani forces in committing crimes and also allow the auxiliary forces working under imprisoned (confined) East Pakistan to collaborate the forces. As such the accused did not make any effort to refrain these sections from committing such ill-deeds, so his personal complicity with these allegations has been proved beyond reasonable doubt.

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

8. 18th October, 1971, Altafunnesa ground, Bogra
Description of Occurrence: At a gathering at Attafunnesa ground of Bogra, the ICS acting President and Al Badr force chief Ali Ahsan Mohammad Mujahid urged the student and the masses to extend their all out cooperation to Pakistan army.

By urging to provide all out cooperation, the accused basically supported the crimes against humanity and genocide committed by the Pakistani army and also instigated the people to destroy the Bengali freedom loving people and to commit crimes against the humanity including torture, murder, detention, rape and genocide. Such statements of the accused let the occupying Pakistani forces in committing crimes and also allow the auxiliary forces working under imprisoned (confined) East Pakistan to collaborate the forces. As such the accused did not make any effort to refrain these sections from committing such ill-deeds, so his personal complicity with these allegations has been proved beyond reasonable doubt.

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

9. 23rd October, 1971, Dhaka

Description of Occurrence: On 23rd October of 1971, the accused, the then acting President of ICS, Ali Ahsan Mohammad Muahjid called upon the mass people to observe the Badar day on 17th Ramadan, terming the day very significant for the Muslims. We are facing challenges now from the anti-Islamic forces and the Indian spies. He further said, on this special day we will make a vow to sacrifice even our lives for the sake of the nation and to establish Islam.

By terming the freedom seeking Bengali people as anti-Islamic forces and the Indian spies and by urging the member of the auxiliary force to sacrifice, actually he instigated the people to destroy the Bengali freedom loving people. And later as its consequence and under his instruction, activists of Islami Chhatra Shangha formed razakar, Al Badr, Al Shams forces nationwide and carried many crimes that go against the humanity including torture, murder, detention, rape and genocide. Such statements of the accused let the occupying Pakistani forces in committing crimes and also allow the auxiliary forces working under imprisoned (confined) East Pakistan to collaborate the forces. As such the accused did not make any effort to refrain these sections from committing such ill-deeds, so his personal complicity with these allegations has been proved beyond reasonable doubt.

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

10. 25th October, 1971, Islamic Academy, Dhaka

Description of Occurrence: The then acting President, Al Badar chief and the accused Ali Ahsan Mohammad Mujahid chaired a conference of the ICS East Pakistan unit on 25th October of 1971. In his address Mujahid urged the people to be prepared for ultimate sacrifice to preserve the unity and solidarity of Pakistan.

In the above-mentioned statement, in the name of preserving the unity and solidarity of Pakistan, accused Mujahid opposed the liberation war that had been carried against the aggression of the occupying Pakistani forces and by making the call of sacrificing life he instigated the people to destroy the Bengali freedom loving people and to commit many crimes against the humanity including torture, murder, detention, rape and genocide. Such statements of the accused let the occupying Pakistani forces in committing crimes and also allow the auxiliary forces working under imprisoned (confined) East Pakistan to collaborate the forces. As such the accused did not make any effort to refrain these sections from committing such ill-deeds, so his personal complicity with these allegations has been proved beyond reasonable doubt.

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

11. 7th November, 1971, Baitul Mukarram premises, Dhaka

Description of Occurrence: At a gathering of ICS on 7th November 1971, the president of ICS Ali Ahsan Mohammad Mujahid warned that, from tomorrow no one will be allowed to sell any books in their libraries written by the Hindu writers or written in favor of the Hindu people. If anyone dares to do so, the volunteers who believe in the existence of Pakistan will burn those into ashes. Immediate after that provocative speech, the books of the hundred year long Ram Mohan library of the Brahma community situated in Patuatuli under Kotowali thana had been looted. Such statements of the accused let the occupying Pakistani forces in committing crimes and also allow the auxiliary forces working under imprisoned (confined) East Pakistan to collaborate the forces. As such the accused did not make any effort to refrain these sections from committing such ill-deeds, so his personal complicity with these allegations has been proved beyond reasonable doubt.

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

12. 10th December, 1971 Baitul Mukarram premises, Dhaka

Description of Occurrence: At a grand gathering arranged by the ICS on 10th December 1971, the then president of ICS and the Al Badar chief, the accused Ali Ahsan Mohammad Mujahid urged people to make major blow against the expansion policy of India. He further stated that, it became inevitable to destroy India in order to ensure the security of Pakistan.

By terming the liberation war as the expansion policy of India and by exposing the inevitability of India’s destruction, the accused instigated the people to eliminate the freedom fighters. Consequently, the Al Badar members, which were formed under the leadership of the accused, picked up intellectuals and freedom loving people from their home and later murdered them brutally, often carried genocide. Such statements of the accused let the occupying Pakistani forces in committing crimes and also allow the auxiliary forces working under imprisoned (confined) East Pakistan to collaborate the forces. As such the accused did not make any effort to refrain these sections from committing such ill-deeds, so his personal complicity with these allegations has been proved beyond reasonable doubt.

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

10.1.3 Torture, murder and other crimes committed by the accused against Humanity
Under the 3(2)(a) of the International Crimes Tribunal Act, 1973, the allegation of torture, murders and other crimes against humanity committed by the accused Ali Ahsan Mohammad Mujahid had been found. The allegations are as follows:

1.  Between May 1971 to 16th December, 1971, Residence of Firoz member. 258 (old 181), Gorom Panir goli, Fakirapul, Thana: Motijheel, Dhaka.

Description of Occurrence: At the first end of May 1971, a razakar camp was established at the house of Firoz member alias Firu member, S/O Late Zainul Abedin. Firoz member was BD (Basic Democracy) member in 1971. When the peace committee formed in April 1971, an office of that committee was also set up in his residence. Later, he launched a razakar camp in his home and carried the responsibility of the local razakar commander. Razakar member was recruited from that camp. The accused Ali Ahsan Mohammad Mujahid often visited there and more particularly in 1971 he frequently visited the house and by conducting the activities of Al Badar force, he committed genocide and other crimes that go against humanity.

Nature of Crime: He committed offences under International Crimes Tribunal Act 1973, 3(2) (a) (g) (h) and 4 (1) (2) for which he is eligible for highest penalty under Section 20 of the act.
Justice Nassim: Learned Prosecution please tell us what is considered as an offence by your description of the incident.

Rana Das Gupta: My lord, he used to go that camp and supervised the committal of crimes against humanity.

Justice Nassim: You have said, there was an office of Peace Committee at firoj member house, razakaar were appointed at that house. Mujahid used to go that house, but my question is what is the specific offence committed by Ali Ahsan Mujahid? Whether anyone was tortured, killed, raped or murdered at that house? Where is specific offence? To be a member of any force is not considered as offence in our Act.
2. 10th December 1971, Midnight 3.00/3.30am, Residence of journalist Sirajuddin Hossen, 5 Chamelibagh, Thana: Paltan, Dhaka.

Victim: Sirajuddin Hossen, S/O: Late Moulavi Majharul Haque, Village: Shorushuna, Thana: Shalikha. District: Magura, Dhaka’s address: 5 Chamelibagh, Thana: Paltan, Dhaka.

Description of Occurrence: Sirajuddin Hossen, S/O: Late Moulavi Majharul Haque, Village: Shorushuna, Thana: Shalikha. District: Magura lived in a house at 5 Chamelibagh along with his family. He was the Executive Editor of Bangla Daily Ittefaq. At September 1971 in the daily, with the pseudonym of VASHSHOKAR, he wrote an article titled ‘Thok Bachite Ga Ujar’ where he revealed the sufferings and harassment of the Bengali people caused by occupying Pakistani army. Later, in response to that article, the Daily Sangram, the spokesman of Jamaat-e-Islami published another article titled ‘Otoab Ga Bachiona’ on 16th September 1971. The Daily Sangram article harshly criticized Sirajuddin Hossen terming him as an agent of India. As per the instruction of the Pakistani government all the contemporary newspapers were directed to term the freedom fighters as the miscreants and the Indian soldiers as intruders. Due to his firm belief in Bengali nationalism, so he always wrote the words miscreants and intruders under invited comas (‘’), which made him a prime target of the central leaders of Jamaat and Al Badar forces. On 10th December 1971, at a estimated time 3 at midnight, some rifle carrier young men entered in his rented house 5 Chamelibagh. Initially, they interrogated him and they picked him up for abduction after he disclosed his name ‘Sirajuddin’ and finally they went away with a microbus. Since then, he is missing; even his dead body was not found.

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

3. May of 1971 (Joishtho month of Bengali calendar),  6 am at dawn, Boiddodangi, Baladangi and Majhi Dangi village under Char Vadrashon thana of the Faridpur district

Victim: Deceased: 21 identified people were listed. And Unknown 29/30 people

Description of Occurrence: In the mid May of 1971 (Bengali month Joishtha) at approximate 6 at dawn, the accused Ali Mohammad Mohammad Mujahid along with Maulana Hammad, Ishaq Bihari of Faridpur city, 8/10 more Bihari and the Pakistan went to the Hindu populated Boddi Dangi under Char Bhadrashon just beside the Bangi dangi village of the Kotowali thana. They cordoned Boiddo dangi, Majhi Dangi and Majhi Dangi villages from 3 sides and set fire on 300/350 Hindu houses and shot fire indiscriminately and murdered some 50/60 Hindu men.

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

4. One  day of first week of June 1971 at (a) In front of the Khabashpur residence (b) Old circuit house, Faridpur and (c) Bihari camp located in the house of Rashid Mia

Victim: Ranjit Nath Prokash Babu, S/O: Romesh Chandra Nath, Village: Goalchamot (Rothokhola), Thana: Kotowali. District: Faridpur.

Description of Occurrence: On any day of the 1st week of June of 1971, in the morning, the Razakar members abducted Ranjit Nath Prokash, S/O Ramesh Chandra Nath, from the adjacent place of the Khabashpur mosque and produced him before the local Pakistani army commander Major Akram Koraishi in presence of the accused Ali Ahsan Mohammad Mujahid. Following a conversation between Mujahid and the army officer, inhuman torture was carried upon Prokash and in consequence of that, a tooth of Prokash was broken. After that torture, as per the instruction of the accused, Prokash was taken in a house of some Rashid Mia which was situated just by the side of Bihari camp and he later remained in custody. After that, breaking a rod of the window, Prokash escaped anyway.

Nature of Crime: He committed offences under International Crimes Tribunal Act 1973, 3(2) (a) (g) (h) and 4 (1) (2) for which he is eligible for highest penalty under Section 20 of the act.
Justice Nassim: Why you have referred to section 4(2)?

Rana Das Gupta: My Lord, We have picked all these things before our Lordships then he will decide which one is best suitable for this offence.

Justice Nassim: Learned Prosecution, we want to be enlightened by your submission and we are learning as well from your daily argument. Did you say that Razaakar were his subordinate?

Rana Das Gupta: My lord, he was the secretary of Islamic student association.

Justice Nassim: If you said razkaar force was under the control of Mujahid at Faridpur then it will be appropriate to refer sec 4(2).

Rana Das Gupta: My lord, member of the Islamic Student Association was involved in Razakaar force also. My lord, he came Dhaka in 1970 and admitted at law department of Dhaka University. He was general secretary of Islamic Student association. In September 1971, Albadr and Alshams force were formed. Therefore, he supervised all those heinous activities by holding the post of Islamic student association.

5.  26th July 1971, Army camp that was inside Faridpur district stadium

Victim: Abu Yousuf Siddique Prokash (Pakhi), S/O: Jainul Abedin, Village: East Goalchamot Khodaboxpur, Thana: Kotowali. District: Faridpur.

Description of Occurrence: In the morning of 26th July of 1971, local Razakar members held Abu Yousuf Siddique Prokash (Pakhi), S/O: Jainul Abedin, Village: East Goalchamot Khodaboxpur, Thana: Kotowali. District: Faridpur from a place named Alfadanga and took him at the Army camp that was inside the Faridpur district stadium. On 11 in the morning, the accused Ali Ahsan Mohammad Mujahid went to the army camp and after watching Abu Yousuf Siddique Pakhi among the detainees, he whispered with the army officials and soon after that, torture against the victim became intensified. The forces kept the victim detained inside the camp for one month and three days and later sent him to Jessore cantonment. Due to the severe torture, one bones of ribs of the victim was cracked.

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

6. Date of Occurrence: 14th August 1971,  1 pm (estimated time), the house of the AKM Habibul Hoque Prokash Munnu, Masjid Bari road, Niltuli, thana: Kotowali, District: Faridpur

Victim: AKM Habibul Hoque Prokash Munnu, Masjid Bari road, Niltuli, thana: Kotowali, District: Faridpur

Description of Occurrence: On 14th August of 1971 at 1 pm at noon, the accused Ali Ahsan Mohammad Mijahid attacked the house of AKM Habibul Haque Munnu, S/O: Rahmat Ali Bishshash in a bid to kill him. But he saved his life by escaping through the backdoor of his house.

Nature of Crime: He committed offences under International Crimes Tribunal Act 1973, 3(2) (a) (g) (h) and 4 (1) (2) for which he is eligible for highest penalty under Section 20 of the act.
Justice Nassim: Is “made an attack” is considered as offence under the ICT BD Act-1973.

Rana Das Gupta: My lord, According to sec. 3(2) (f) it is offence under “any other crimes”
7. Date of Occurrence: 30th August 1971, 8 pm (estimated time), Old MP hostel, Nakhalpara, Dhaka 
Victim: Murdered: (a) Music composer Altaf Mahmud, S/O: Late Nazim Ali, Village: 370, outer circular road, Ramna, Dhaka: (b) Rumi, S/O: Late Engineer Sharif Ahmed, Area: 355 Elephant Road, (police station) Thana: Ramna, Dhaka: (c) Azad, S/O: Late Younus Ahmed Chowdhury, address: 39 Mogbazar, Thana: Ramna, Dhaka: (d) Bodiul Alam Alias Bodi, Father: Unknown, Area: Monipuri para, Thana: Tejgaon, Dhaka; (e) Jewel, father: Unknown. Area: Iskaton, Thana: Ramna, Dhaka.

Injured: Jahir Uddin Jalal, Father: Late Alauddin Ahmed, Village: Rauti, Thana: Torail, District: Kishorganj. Present Address: 69/C Asad Avenue, Thana: Mohammadpur, Dhaka.
Description of Occurrence: On 30th August 1971, at 8 pm, the accused, the then secretary General of ICS Ali Ahsan Mohammad Mujahid and the president of ICS entire Pakistan and Al Badar chief, Matiur Rahman Nassimi went to the army camp situated in Nakhalpara old MP hostel. They witnessed the detainees music composer Altaf Mahmud, Jahir Uddin Jalal, Badi, Rumi, Jewel and Azad and scolded them and urged the Pakistani army official to kill them before the president of Pakistan declares general amnesty. The accused along with assistance of others carried out inhuman torture against all the detainees and except one killed all of them. Later, concealed the dead bodies and committed severe crimes against humanity.

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

8. Date of Occurrence: From May 1971 to 16th December 1971, when the Pakistani army and their auxiliary forces surrendered, Physical Training Institute, Mohammadpur, Dhaka 
Description of occurrence: On March 27, 1971, Pakistan army set up a camp at the Mohammadpur Physical training institute of Dhaka. Pak army established a 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 from that place. From the beginning of May, Ghulam Azam, Ameer of Jamaat-E-Islami, Motiur Rahman Nassimi President of All Pakistan Islami Chhatra Sangha, the then general secretary of East Pakistan ICS, the accused Ali Ahsan Mohammad Mujahid and many other leaders started visiting the army camp. As the superior leader of Chhatra Sangha and Al-Badar, they took part in the discussion with upper army officers and had planned to commit crimes against humanity like murder and torture upon freedom-loving Bengali people. As a part of that instigation and conspiracy, the accused Ali Ahsan Mohammad Mujahid carried massive operation from 10th December 1971 to kill the intellectuals, and later as the leader of a auxiliary force, the accused commited various crimes that go against humanity across the country including murder, genocide.

Nature of Crime: He committed offences under International Crimes Tribunal Act 1973, 3(2) (a) (g) (h) and 4 (1) (2) for which he is eligible for highest penalty under Section 20 of the act.
Justice Fazle Kabir: Could you tell me, whether same charge has also been framed against Mr. Nassimi or not?

Rana Das Gupta: Yes, My lord he has been charged for the same offence.
Following the investigation of the Investigating officers, available evidences, analyzing the documents and the witness statements the allegations under 3(2) (a) (g) (h) and 4 (1) (2) under the International Crimes Tribunal Act 1973 has been proved initially, so the formal charge under 9 (2) of the International Crimes Tribunal Act 1973 is being placed before the honorable tribunal.

That the accused Ali Ahsan Mohammad Mujahid 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 Dhaka, Faridpur, Comilla, Bogra and Rangpur 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.

The prosecution lawyer then argued that only 6 days after operation search light Ali Ahsan Mujhahid Ghulam Azam and others met with Tikka Khan and expressed their full support to the activities of Pakistan Army. Later they formed Peace committee.

My lord Sec 4(2) of the ICT Act-1973 is very much relevant here as Ali Ahsan Mujahid was the commander of Albadr. So it is sufficiently proved that he committed offence under section 4(2) of the ICT Act-1973.
Then Justice Nassim asked the defence about replying to the formal charge the following day.

Munshi Ahsan Kabir, for the defence said, my lord, it is not possible to reply tomorrow.

Justice Nassim: okay then day after tomorrow

Munshi Ahsan kabir: My lord, it is a petition of 109 pages so it is not possible within such a shortest time.

Justice Nassim: Learned defence, you have to come day after tomorrow, at least file an application that you are unable to prepare yourself but you have to start.

Then the court was adjourned.





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