26 Aug 2012: Nizami 1st witness testimony

After dealing with the bail order, then the tribunal moved onto the case of Motiur Rahman Nizami, and the first witness Misbahur Rahman Chowdhury came to give evidence.

Mir Ikbal Hossain: State your name and identity.

Prosecution Witness: I am Misbahur Rahman Chowdhury, father- Late Abdur Rahman Chowdhury, mother- Late Shamsi Khanam Chowdhury, Age- 57 years. Now acting as the Chairman of Islami Oikkojot.

At first I have started my education at Moulovibazar Kindergarten School. Afterwards, I have read at Narayongonj Preparatory School, and then in 1962 I have been admitted at the Moulovibazar Government High School at class six. When I was reading on the same school I have met Mr. Sirajul Islam Motlib, who was the President of Chatro Sangha of Moulovibazar Shanggothonik Jila. He has asked me to join Pakistan Shahin Fouz and I have joined, at the same time I got the membership of Islami Chatro Sangha. Afterwards, I have been admitted at the Dhaka Central Collegiate School, but maintained the connection of Moulovibazar Islamic Chatro Sangha. Then I have observed the duty of the President of Pakistan Shahin Fouz, Moulovibazar Committee. Afterward I have appeared at the SSC examination from Dhaka District.

Since my childhood I have the faith on Islamic Organizations and Islamic life style. As long as I was the worker of Islamic Chatro Sanhgha I have observed my duty with due diligence. Islamic Chatro Sangha [ICS] was a strict principled organization and the leaders of the organizations used to call it as a Cadre based organization. There was a system of providing training and the books of Mawlana Moududi were being taught there. It was an organization of Jamaat-e-Islami and Jamaat-e-Islami used to control it.

Mir Ikbal Hossain: Talk about 1971.

Witness: When on 25th March, 1971 the Pakistan Army has started the atrocities over the innocent people of this country, I had a strong belief that ICS will protest against it. But they didn’t do so, rather Mr. Sirajul Islam Motlib visited my house of Moulovibazar in August, 1971 several times. He has given me a handwritten letter. On this letter he has addressed me as ‘Misbah Bhai’. The summary of the letter was that- ICS has taken the decision that within 10th August, 1971 all the member of ICS ought to join AL-Badar Bahini.. Then there was an instruction for me on the letter to meet Major Fakhrul Islam of Moulovibazar Command of Pakistan Army and to receive the joining letter. He has also mentioned in the letter that if I would have joined the Al-Badar Bahini then the President of ICS who was Motiur Rahman Nizami would be so pleased. And to fight against the collaborator of India is the sacred duty of the commanders of the path of Almighty Allah. And those who have not joined the Al-Badar would not be considered as the member of ICS anymore.

I have shown the letter to my father. He was involved with the politics of Muslim League and liked the Islamic politics, but after seeing the letter he became so disappointed. He has brought me to Dhaka and then send me to London.

This is the photocopy of the letter of Sirajul Islam Motlib, would be counted as exhibit-1 and it is the signature of Sirajul Islam Motlib which would be counted as exhibit- 1/1. [With the objection of the defence.] I have photocopied it from the main letter. On 2008 the main copy of the letter was deposited to the Vice Chairman of our organization after a press conference. The person is no more with us. We are trying to recover the original letter. The press conference was against the movement of Jamaat-e- Islami and I have circulated the list of 15 names of the war criminals. I have handed over the photocopy of the letter to the Investigation Officer and he has seized that by the seizure list. The declaration about leaving from the ICS was so risky; it was another reason that my father has sent me to London. Three months after my arrival at London my mother became so sick so I have returned at country.

I have stayed at Bangladesh till the victory. After the victory I have returned to Wales of England and studied there. On 1974 I got admitted on Buckingham College of London and I have joined at a Muslim Student Movement while I was studying there. While I was studying at the College I have travelled to Saudi Arabia by the invitation of the Badshah Faisal. When I have gone to visit Badshah Faisal, I have seen that Professor Ghulam Azam along with his brother Ghulam Moazzem and a representative team is present there. Ghulam Azam has given some statements against the liberation war of Bangladesh and I have protested his statement. He has stated that during and after the liberation war the freedom fighters have destroyed so many mosques of Bangladesh, they have stopped the religious education from the Madrasa, even Holy Quran became so rare to in locality to get in ones hand to recite. He has also said that about 40,000 people who were involved with him in Islamic movement have been brutally killed by the freedom fighters. The he has asked for the assistance from the Saudi Arabian Government for the rehabilitation of the 40000 victim family, for the reconstruction of the Mosque and Madrasa and to start the religious education again. After meeting with Ghulam Azam when I have visited Badshah Faisal, I have informed him that almost all the freedom fighters were Muslims, no Mosque and Madrasas have been destroyed by them. After getting back from the Palace of Badshah we have met a representative team by the leadership of Mawlana Abdur Rashid Torkobagish which has been sent from Bangladesh. I have informed them about it in details. After returning to London from Saudi Arabia we have formed a new youth organization named Young Muslim Organization and I was the founder secretary of that. During the period when I was active with this organization a leader of ICS Mr. Abdur Razzaque [Now Barrister Abdur Razzaque] has met me. He has requested me to sit with some people of Islamic mind at a meeting. Me and the then President of Young Muslim Organization who is at present the Professor of Dhaka University named AZ Shaha, the Amir of Jamaat-e-Islami, Mr. Mia Tofayel, another war criminal Chowdhury Moinuddin and Abdul Aziz were present there. We became so disappointed for calling us on such types of meeting; especially we became so disappointed upon Barrister Abdur Razzaque after hearing some his statements. We got to understand from the speech of Mr. Abdur Razzaque that he was also a member of Al-Badar. By assisting the Pakistan Armies till the December, 1971 Mr. Razzaque has cooperated them. Then he has fled towards India, then went to Nepal and after that he has went to Pakistan. By receiving Pakistani Passport he has gone to London. Me and AZ Shaha has left the meeting. From then I am following the activities of Jamaat-e-Islami. The activities of this organization are against the humanity and against the Islam. I have researched and observed about the organization since the timeframe of its birth at 1941 to 1971 and arrived at the decision that Jamaat-e-Islami is a fascist organization which is against the liberation, Islam and humanism, which is doing several sorts of heinous activities with the disguise of religion. To destroy the people or the movement against them, they practice concealed killing, torture, falsification. They do collect moneys from several countries in the name of religion and use the money to go to the power. There are not any sorts of heinous activities which are left to be done by the help of this money.

The Al-Badar have been formed by the members of ICS and Mr. Nizami was in the leading position and Mr. Ali Ahsan Muhammad Mujahid was on the second leading position. The members of this organization were trained up with arms from the Pakistan Army.

At this moment a serious chaos has started in the court when the defence side has said that some missing points when typing should be added and shouted at the witness by saying that, ‘he can’t say like this’. Suddenly the witness started shouting at the defence by stating that- you all are threatening me inside and outside the court. Anyone could check my call list and found that in each day there are 50 incoming calls by threatening me to not go for deposition. Then Tajul Islam shouted at the witness- what? You are accusing the lawyers at the court room? And you are placing freestyle statement by sitting at the court room. Then the Chairman said he is not doing so Mr. Tajul; and don’t be excited, take your seat. Tajul Islam said it loudly that- No he can’t do that. Mizanul Islam said- there should be a sequence when a witness started saying anything. Tajul Islam stated- let me say, in case when any lawyer would have raise an issue, in that case, it would not be counted as threat. Chairman stated- Tajul you know the court custom, but the witness does not. Tajul Islam stated- no, everyone is ought to have known the customs of the court. Chairman stated- you are disturbing the court, and you are doing that in regular basis. Tajul Islam stated- you can’t say so.

The chaiman said that will rise till the recess, only 4 lawyers are allowed to attend from second session. Then Tajul Islam and Mizanul Islam both have stated it is not a proper justice for the lawyers. Please consider it. Then Justice Anwarul Haque said- okay, come at 2 P.M. and let’s see how many lawyers are going to allowed.

After the Adjournment the witness continued with his testimony

It was a Regimental institution which has instituted by the educated young people. Razakar Al-Shams was the controller of that institution. They have helped Pak army directly and indirectly and sent the news to Pakistani army about freedom fighters and supporters of that and their institution. They have also helped to kill the freedom fighters and damaged their valuable property. They have killed and abetted Pakistan Army to kill our intelligent people during that time according to the list which was made by Razakar. It was clear that Jamat-e –Islami and other fellow wing has made by the Islami Chatra Sangho (student Association). They have worked against the nation, country and also now. They have misinterpreted our religion “Islam” which blindly accepted by our common people. They have made explanation in their literature which was not according to Quran-Sunnah.

Prosecution: You have mentioned the name Matiur Rahman Nizami as a leader of Al-badar, did you indicate him to here?

Witness: Yes.

Prosecution: Which post is given to him?

Witness: Now he is an Amir of that party.

Justice Nizam: You have come here to give your statement but did you give your statement before the (I.O.) Investigation Officer?

Witness: Yes

After this the cross examination started. This is on the following page.