7 Mar 2012: Molla charge framing 2

Afternoon proceedings started with an order relating to the case of Motiur Rahman Nizami read out by the chairman (Summary below)

‘This is an application for directing prosecution to supply legible copies of document. An order was passed earlier to provide legible copies of 460 pages to the defence. It is further found that still 190 pages are eligible photocopies. Therefore we direct the prosecution to supply legible copies to the defence by 12th March. If even after that if some pages remain eligible then following section 16(2) ICT Act 1973 for those eligible copies will be permitted to be inspected by the defence.

After this order was made the following interchange took place

Justice Zaheer: I think prosecution and defence can discuss together to solve this issue.

Defence: just give us one copy then we will make seven copies for seven cases.

Chairman: Did you get the book “Ekattorer ghotok dallal ra ke kothai”.

Defence: We only get the book named “Albadr”

Prosecution (Saiful Islam) In the case of Ghulam Azam we did the same job.

Justice Nizam: Date for defence argument.

Defence: My Lord, we are not prepared yet.

Chairman: Okay, then we will fix a date after the completion of your preparation. Learned defence, we have not yet rejected a prayer in this regard that you are not prepared.

Then Mr. Muhammad Ali continued reading the formal charge against Kader Molla which had been started in the morning

Introduction to the accused Abdul Kader Molla

Birth and Student Politics The accused Abdul Kader Molla, father- Late Sanaulla Molla, village- Amirabad, P/S: Shodorpur, District: Faridpur, current address- Flat: 8/A, Green Valley Apartment, 493 Greater Moghbazaar, P/S: Ramna, DMP, Dhaka was born on 02.12.1948. He joined at Students’ Union on 1961 while he was a student of class eight of Amirabad Fajlul Huq Institution. He passed degree on 1968 from Govt. Rajendra College and got admission in Dhaka University on 1969 for Masters at Physics department. On 1966 while he was student of B.Sc. first year in Rajendra College he left Students’ Union and joined at the Islami Students’ Society. At the end of 2nd year of his B.Sc course he got the charge of President of the college section of Islami Students’ Society. While studying in Dhaka University he was staying in Shohidulla Hall and he was elected the President of the Shohidulla Hall branch of Islami Students’ Society. It is mentionable that on February, 1977 Islami Students’ Society was replaced by the name Islami Chhatra Shibir he joined there as a member of the executive committee.

National Politics
In May, 1977 Abdul Kader Molla joined Jamaat-e-Islami. But Jamaat-e-Islami was absent from open politics at that point.

In 1978 he joined at Rifles Public School & College as a senior teacher. Later he served there as the Principal in Charge. On 1980 he was given a responsibility by the ambassador of KSA Fuad Abdul Hamid Al Khotib to establish an English school of international standard for the Muslim children. It was ambassador’s personal enterprise and he funded personally for this project. Being in charge he established a school named ‘Manarat International School’ in south of the Gulshan 1no. market which is now known as Manarat International University. He worked there for around one year. On 1980 he joined at ‘The Daily Sangram’ as the executive editor. At that time he was appointed as the assistant secretary general of Dhaka Metropoliton Jamaat-e-Islami from a member of the executive committee. He took part in election as a candidate from Shodorpur- Chorvodrashon seat on 1986 and 1996. But he lost his surety money both times.

The descriptions of the crimes committed by accused Abdul Kader Molla are as follows:

Accused Abdul Kader Molla committed the crimes which are defined by the section 3(2) of The International Crimes (Tribunal) Act, 1973 during the following time period- from the night of 25th March, 1971 until the surrender of Pakistani army with their auxiliary forces to the allied command on 16th December, 1971. Pakistani occupation army and their collaborators of this country e.g. Pakistan Muslim League (Convention, Council and Kayum), Nejam E Islam, Jamaat E Islam, Pakistan Democratic Party (PDP), Peace Committee, Rajkar, Al Badr, Al Shams and Abdul Kader Molla and his followers have committed the following crimes- mass killing, torturing women, vandalizing, looting, kidnapping, evicting and uprooting civilians by deliberate mutual coordination and because of economic, political, communal and religious envy and malice. While studying at Dhaka University Abdul Kader Molla was the President of the Shoihudulla Hall branch of Islami Students’ Society before the liberation war started. He formed Al Badr force by recruiting the members of Islami Stdents’ Society which was at first serving as a private force of Jamaat-e-Islami. Many reports and data have been published proving that these people were involved directly as collaborators with the crimes committed by the Pakistani army. Since Abdul Kader Molla was involved with the above mentioned crimes according to the information and data this matter is inscribed in the complaint register no.1 dated 21/07/2010 and the investigation is completed and witness statements and proofs have been found against Abdul Kader Molla regarding the involvement with the mentioned crimes.

Since, adequate witness statements and proofs have been found against Abdul Kader Molla regarding his involvement with the crimes committed from 26th March, 1971 to 16th December, 1971. The description of the witness statements and proofs are as follows:

Charge no 1
Date of occurrence: 5th April, 1971
Time of occurrence: Sometime

Place of occurrence: From the Eigah field of12th section of Mirpur to the tomb of Shah Ali
Description of event: Accused abdul Kader Molla is knows as the butcher to the local people of Mirpur who were living there on the year 1971. The largest mass grave is discovered at Sheyalbari in Mirpur after the liberation. The local people have informed that Abdul Kader Molla is the key person of killing thousands of people in Sheyalbari, Rupnogor and in the whole Mirpur. Killing of Bengalese started at Mirpur started under the command of Abdul Kader Molla with the collaboration of Biharis on 1971 before the onset of liberation war.

Martyred Pollob, local resident of Mirpur 11 no. section, B block, Taltola and student of Bangla College tried to organize Bengalis and non Bengalis in support of the liberation war. For this reason he was enlisted in the killing list of the anti liberation groups. March 1971, the anti liberation groups came to know the position of Pollob. They captured him and took him to Abdul Kader Molla. Then according to the direction of Abdul Kader Molla they tied Pollob with ropes and dragged him along the streets from Mirpur 12th section to the tomb of Shah Ali at Mirpur 1st section. There they tied the body of Pollob and hung him from a tree. The fingers were chopped of. Two days later i.e. on 5th April, Akhter the killer Al Badr and the right hand man of Abdul Kader Molla gunned down Pollob. Two days after the death the dead body of Pollob was buried beside the Kalapanirjheel with the seven other dead bodies.

Manner of Crime: By abducting Pollob, the student of Bangla college with his followers, by dragging him along the streets from Mirpur 12th section to Mirpur 1st section and again dragging him from the tomb of Shah Ali to the eidgah field of Shah Ali, by hanging Pollob from a tree for two days and chopping of his fingers and on 5th April by ordering Akhter to kill Pollob shooting five bullets one after another the accused Abdul Kader Molla has committed crimes according to the section 3(2)(a)(g) of International Crimes (Tribunal) act, 1973.

Charge no. 2
Date of occurrence: October, 1971 (Any date)

Time of occurrence: Some time
Place of occurrence: 6th section of Mirpur
Description of event: During the great liberation war in a date of the month October at some time the accused Abdul Kader Molla and his followers killed a female poet named Meherunnisa, resident of Mirpur 6th section brutally and inhumanly. Witnessing the killing a man called Shiraj of that residence lost his mental balance he is still alive in the same condition.

Manner of Crime: By killing the female poet named Meherunnisa of Mirpur 6th section with his associates the accused Abdul Kader Molla has committed crimes according to the section 3(2)(a)(g) of International Crimes (Tribunal) act, 1973.

Charge no.3
Date of occurrence: From the midnight of 25th March,1971 until the surrender of Pakistani occupation army on 16th December at Race course field.
Time of occurrence: Some time
Place of Occurrence: Monipur, Shaorapara, Kajipara of Dhaka and different blocks and houses of the 12th section Mirpur.

Description of event: During the great liberation war of Bangladesh the accused Abdul Kader Molla has abducted and killed thousands of innocent liberation loving people from different houses of Mirpur 12th section, Monipur, Kajipara, Shaorapara of Dhaka with the help of his associate Rajakr, Al Badr and local Biharis on different times and dates and they buried the dead bodies at Sheyalbari, Rupnogor and Balurmath.

Manner of crime: By abducting and killing thousands of liberation loving innocent people of Kajipara, Shaorapara, Monipur and 12th section of Mirpur with the help of Rajakar, Al Badr and Biharis and by burying them in Rupnogor, Sheyalbari and Balurmath the accused Abdul Kader Molla has committed crimes according to the section 3(2)(c) of the International Crimes (Tribunal) Act, 1973.

Charge no. 4
Date of Occurrence: 2nd April, 1971

Time of occurrence: Some time
Place of occurrence: Different locations in Mirpur, Kollanpur and Mohammodpur in Dhaka
Description of event: Abdul Kader Molla with his associate Rajakar, Al Badr and Biharis have created a terrible situation at different areas of Mirpur, Kollanpur and Mohammodpur area by looting and vandalizing houses, by killing innocent Bengalese and by raping and torturing women and therefore he is known as the butcher to the local people of those areas.

Manner of Crime: During the great liberation war, on 2nd April by looting, vandalizing the houses of innocent Bengalese and by raping and torturing women at the different spots of Mohammodpur, Mirpur and Kollanpur with the help of his Rajakar, Al Badr and Bihari associates the accused Abdul Kader Molla has committed crimes according to the section 3(2)(a)(c) of The International Crimes (Tribunal) Acts, 1973.

Charge no. 5
Date of occurrence: 29.3.1971
Time of occurrence: 4:00 p.m – 4:30 p.m
Place of occurrence: Bus stand of Mirpur 10th section and Mirpur Jolladkhana.

Description of event: Khondokar Abu Taleb, father- late Khondokar Abdur Rouf, section-10, Block-B, Road-2, Plot-13, Mirpur, Dhaka, came to his residence from Arambagh to see the current condition on 29.3.71 during Liberation war. He returned to the bus stand of Mirpur 10th section for returning Arambagh after seeing that everything of his residence has been burnt to ashes. When he reached at the bus stand Abdul Kader Molla and his associates abducted him, tied him with rope and took him to Jolladkhana pump house. Then they killed him by cutting his throat.

Manner of Crime: By committing the above mentioned crime the accused Abdul Kader Molla has committed crimes according to the section 3(2)(a)(g) of The International Crimes (Tribunal) Acts, 1973.

Charge no. 6
Date of occurrence: 25/11/1971
Time of occurrence: 7:30 a.m-11:00 a.m
Place of Occurrence: Shohidnogor of Keranigonj Police station under Dhaka district.

Description of event: During the great liberation war on the date 25.11.1971, from 7:30 to 11:00 a.m Pakistani soldiers and their Rajakar, Al Badr and Al Shams collaborators brush fired at the innocent unarmed local people of Vaoal Khan bari, Ghatarchor (Shohidnogor) and two of its nearby villages and burnt two houses including the residence of Mozaffer Ahmed Khan according to the advice of Abdul Kader Molla, Motiur Rahman Nijami, Ali Ahsan Mohammod Mujahid and Kamrujjaman. They killed many people including 1) Osman Goni, Father- late Mohammod Hosen, Shohidnogor, Keranigonj, Dhaka, 2) Golam Mostofa, Father- Ahmed Hosen alias Tukur Ali, Shohidnogor, Keranigonj, Dhaka, 3) Dorbesh Ali, Address: Vaoal Khan Bari P/S- Keranigonj, Dhaka, 4) Aroj Ali, 5) Raja Mia, 6) Abdur Rahman, 7) Abdul Kadir, 8) Sohrab Hosen, 9) Abdul Lotif, 10) Nojrul Islam and 11) Mohammod Ali.

Manner of Crime: By advising Pakistani soldiers and their Rajakar, Al Badr and Al Shams associates of killing unarmed Bengalese among them elevenare detected and of burning many houses Abdul Kadir Molla, Motiur Rahman Nijami, Kamrujjaman and Ali Ahsan Mohammod Mujahid have committed crimes according to the section 3(2)(a)(c)(g) of The International Crimes (Tribunal) Act, 1973.

Charge no. 7 
Date of Occurrence: 24/04/1971
Time of Occurrence: At about 4:30 am
Place of Occurrence: Alondi, Mirpur (Pollobi)

Description of event: On the date 24/04/1971, after the Fajr prayer, a troop of Pakistani soldiers landed in the village of Alundi on the bank of Turag River by helicopter. From the East a team of fifty Rajakars and Biharis under the command of Abdul Kader Molla surrounded the village with the Pakistani soldiers. Then they fired at the villagers ruthlessly. Around 344 people died including 1) Basu Mia father- late Jonab Ali, 2) Johirul Molla alias Jora Molla, 3) Jerat Ali, 4) Foad Ali, 5) Shukur Mia, 6) Awal Molla, father- Solim Molla, 7) Sole Molla, father- Digoj Molla, 8) Rustom Ali Bapery, 9) Korim Molla, 10) Joinal Molla, 11) Kashem Molla, 12) Bodoruddin, 13) Bishu Molla 14) Ojol Huq, 15) Fojol Huq, 16) Rahman Bapery, 17) Nobi Molla, 18) Alamot Mia, 19) Moklechur Rahman, 20) Fulchan, 21) Nawab Mia, 22) Lalu-Chan Bapery and 23) Sunu Mia.

Manner of Crime: By shooting and Killing around 344 people of Alundi village with the help of Rajakar, non Bengali Biharis and Pakistani soldiers the accused Abul Kader Molla has committed crimes according to the section 3(2)(a)(g) of The International Crimes (Tribunal) Act, 1973.

Above all by abducting, kidnapping, vandalizing and looting houses, raping and torturing women, by committing genocide and by evicting innocent, unarmed people of Mirpur, Mohammodpur, Kollanpur and of different places of Dhaka city with the help of the Rajakar, AL Badr, Al Shams, non Bengali Biharis and Pakistani soldiers and by providing them support, help and advice for committing crimes against humanity the accused Abdul Kader Molla has committed crimes according to the following sections of the International Crimes (Tribunal) Act,1973: 3(2)(a)- Crimes against Humanity/ 3(2)(c)- genocide and 3(2)(g)- abetment to commit any such crimes.

The application ends by saying:

Since, Md. Abdur Rajjak Khan, PPM, Investigation officer, Investigation agency, International Crimes Tribunal, Bangladesh has been given the charge of investigation officer by the section 8(1) of The International Crimes (Tribunal) Act, 1973 for investigating the crimes defined by the section 3(2) and he started his investigation according to the International Crimes Tribunal notification number Tri/87/clause/87, rule 05 of the date 15th July,2010 regarding the serial no-1 of the complaint register of the investigation agency dated- 21st July, 2010, on the crimes committed by the accused Abdul Kader Molla who is accused of the crimes of 3(2) section of The International Crimes (Tribunal) Act, 1973. During investigation, steps have been taken on the date 30/10/2011 to arrest the accused for the mentioned charge and since then the accused has been imprisoned in Jail. After finishing proper investigation the investigation officer has submitted investigation report and all other documents and papers and witness statements collected and acquired during the investigation to the honorable Chief Prosecutor according to the “Working Procedure of the International Crimes Tribunal, 2010 (Corrected 2010 &2011) which is meanwhile informed to the tribunal.

Since, the primary objection against Abdul Kader Molla who is known as the butcher and killer of committing crimes of 3(2) section of The International Crimes Tribunal has been proved by the submitted investigation report, the collected documents and information during investigation and by the statements of the witnesses. Therefore the formal charge against the accused is submitted to the tribunal under the section 9(2) of The International Crimes (Tribunal) Act, 1973.

Since, the accused Abdul Kader Molla has committed crimes defined by 3(2) section of The International Crimes (Tribunal) Act, 1973 with the help of non Bengali Biharis, Rajakar , Al Badr, Al Shams at Mirpur, bus stand of 10th sectionof Mirpur, Sheyalbari, Rupnogor, 6th section of Mirpur, 12th section of Mirpur, Kollanpur, Mohammodpur and at Keranigonj of Dhaka district like at other places of Bangladesh. Therefore the matter of this case is in the jurisprudence of this tribunal. Therefore the tribunal has the power to try and solve this case.

After this was completed, the chairman said: Learned Prosecution, there are lots of mistake in formal charge not only in typing and writing only but also in fact. Grammatical mistake can be tolerated but mistake in fact can not be. Please check out all those genuine materials since you have not mentioned all these things by memorizing from somewhere.

Prosecution then clarify the sixth formal charge. He said: 25.11.1971, On this very date the Pakistani military under the influence of Kader Molla, Nizami, Muzahid and Kamaruzzaman fired on innocent villagers of Ghatarchar, Shahidnagar, Vaowal and Khanbari

Justice Zaheer: Why did you involve the Nizami etc in this case? Already there are individual cases filed against them.

Justice Fazle Kabir: According to the ICT Act 1973 we can frame charge only on four types of people. They are: individuals; group of individual; armed force; auxiliary forces  Can you specify in which type category Kader Molla is? As you did not mention in the formal charge in which type he belong, we can not frame charge against him.

Muhammad Ali: He belongs to the individual, the group of individual and auxiliary type.

Justice Zaheer: Are you including the ‘Biharee’ in the auxiliary force?

Muhammad Ali: Yes, he was individual as well as auxiliary force (stammering).

Justice Fazle Kabir: If there is no associate then you can not consider as auxiliary force. If Akter goon has murdered on the direction on Quader Mullah then where has he vanished. Is he dead or left for Pakistan? Nothing is mentioned in the formal charge.

Muhammad Ali: He was never found.

Fazle Kabir; According to your explanation he is the one who should be accused first and then it should be the turn of Quader Mullah.

Justice Zaheer: Learned Prosecutor, please be prepared for the formal argument tomorrow.