After the order relating to Golam Azam's home made food application was read out, Advocate Zead Al Malum for the prosecution then made formal arguments relating to his charge framing.
The full charge framing application had been read out on four previous days:
- day one;
- day two;
- day three;
- day four:
He made the following points:
Planning: Accused attended a meeting in Rawalpindi with general Yahya Khan. Duration of that meeting was 70 minutes. In that meeting he said general people were culprits.
He was the mastermind of killing intellectual of Bangladesh in 14th December. This offence falls under the section 4(2) of the ICT-1973.
In his statement on 7.04.71 he ordered to kill Hindu people, people of Awami league and Indian intruder. Here intruder means in his view, people who are Hindu and the people who are against West Pakistan. (Source: Daily Azad 4.11.71).
Complicity with the Crime: He gave full support, assistance to the Pakistan Army. His position was third in Peace committee among the 140 members.
Accused was roaming around different places like jessore and different place in Dhaka and said Pakistan Army was trying to protect the country.
On 18.6.71 in one of his statement at Lahore Airport he gave full support to the Pakistan Army and declared Awami league as Illegal party.
From all activities which is mentioned in the formal charge fully indicate the complicity of the offence.
Regarding accused complicity with the crime, conspiracy, planning and incitement, we have already submitted evidence before the Tribunal.
Joint and individual responsibility under sec 4(1): Accused, for his superior position and status, is liable for the act of his association and subordinate members of that association. So he is liable for:
(1) His superior position.
(2) Giving full recognition to the Pakistan Army.
(3) Meeting with many top political figure of Pakistan army and assured them to give assistance.
(4) Meeting with Yahya Khan for conspiracy.
Role in criminal Conspiracy: He was playing an active role in committing offence under sec 3(2) of the ICT Act 1973. He met with General Yahya, Moududi, Tikka khan several times. He said Pakistan government to provide arms to the peace-committee member.
(1) He was involved in planning of killing intellectual on 14th December in 1971.
(2) He was invoved in incitement by supporting Pakistan Army and declaring Awami league as Illegal party. He used to say supporter of Awami lwague was the enemy of Islam and spy of India. Basically all the crimes fully proved that he has complicity with crime as well as involved in those heinous activities in 1971.
(3) Genocide, crime against humanity: He was involved in killing of total 38 persons. Because of superior position, he had full control in all crime in 1971.
As per section 19(3) a tribunal shall not require proof of facts of common knowledge but shall take judicial notice of them.
And Ghulam Azan has committed offence under sec.3 (2), 4(1), 4(2).
Justice Zaheer: Is there any provision in ICT regarding incitement?
Mr.Malum: No, there is no such provision but from whole scheme of offence in ICT, we have mentined this offence.
Justice Zaheer: and conspiracy?
Mr. Malum: My lord, we have mentioned this offenc for giving assistance to our lordships.
Then next date for Ghulam Azam was fixed on 12.05.12.
To read about applications relating to Molla that were then considered, look at this page.
The full charge framing application had been read out on four previous days:
- day one;
- day two;
- day three;
- day four:
He made the following points:
Planning: Accused attended a meeting in Rawalpindi with general Yahya Khan. Duration of that meeting was 70 minutes. In that meeting he said general people were culprits.
He was the mastermind of killing intellectual of Bangladesh in 14th December. This offence falls under the section 4(2) of the ICT-1973.
In his statement on 7.04.71 he ordered to kill Hindu people, people of Awami league and Indian intruder. Here intruder means in his view, people who are Hindu and the people who are against West Pakistan. (Source: Daily Azad 4.11.71).
Complicity with the Crime: He gave full support, assistance to the Pakistan Army. His position was third in Peace committee among the 140 members.
Accused was roaming around different places like jessore and different place in Dhaka and said Pakistan Army was trying to protect the country.
On 18.6.71 in one of his statement at Lahore Airport he gave full support to the Pakistan Army and declared Awami league as Illegal party.
From all activities which is mentioned in the formal charge fully indicate the complicity of the offence.
Regarding accused complicity with the crime, conspiracy, planning and incitement, we have already submitted evidence before the Tribunal.
Joint and individual responsibility under sec 4(1): Accused, for his superior position and status, is liable for the act of his association and subordinate members of that association. So he is liable for:
(1) His superior position.
(2) Giving full recognition to the Pakistan Army.
(3) Meeting with many top political figure of Pakistan army and assured them to give assistance.
(4) Meeting with Yahya Khan for conspiracy.
Role in criminal Conspiracy: He was playing an active role in committing offence under sec 3(2) of the ICT Act 1973. He met with General Yahya, Moududi, Tikka khan several times. He said Pakistan government to provide arms to the peace-committee member.
(1) He was involved in planning of killing intellectual on 14th December in 1971.
(2) He was invoved in incitement by supporting Pakistan Army and declaring Awami league as Illegal party. He used to say supporter of Awami lwague was the enemy of Islam and spy of India. Basically all the crimes fully proved that he has complicity with crime as well as involved in those heinous activities in 1971.
(3) Genocide, crime against humanity: He was involved in killing of total 38 persons. Because of superior position, he had full control in all crime in 1971.
As per section 19(3) a tribunal shall not require proof of facts of common knowledge but shall take judicial notice of them.
And Ghulam Azan has committed offence under sec.3 (2), 4(1), 4(2).
Justice Zaheer: Is there any provision in ICT regarding incitement?
Mr.Malum: No, there is no such provision but from whole scheme of offence in ICT, we have mentined this offence.
Justice Zaheer: and conspiracy?
Mr. Malum: My lord, we have mentioned this offenc for giving assistance to our lordships.
Then next date for Ghulam Azam was fixed on 12.05.12.
To read about applications relating to Molla that were then considered, look at this page.
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