Thursday, January 24, 2013

23 Dec 2012: Azad trial prosecution closing

Following the final witness, and the decision by the defense not to call any witnesses, Advocate Shahidur Rahman Shahid started the closing arguments for the prosecution in the trial of Abul KalamAzad. This is a summary of what was said at the hearing [PW = prosecution witness]
I want to sum up this case. After the long waited of Bengali nation today trial has been run against local perpetrator who with the help of Pakistan Army made Al-Badr, Al-Shams, and Razakar Bahini. In Bangladesh parliament, 1973 Act was passed and allows those people tried. Today I sum up this case behalf of prosecution.

At first I remember that, Sheikh Mozibur Rahman and freedom fighter and all the people whose sacrificed their lives and all the friend of Bangladesh. Bachchu Razakar committed crime against humanity under section-3(2) of the International Crimes Act 1973 at Hasamdia, Nagorkanda, Boalmari and so on villages.

Your Honor, exhibit 7 and 9 remarks that he was Razakar and he committed the crime against humanity before your Lordship. The I.O. of investigation institution has collected this.

In 1971, East Pakistan Police Abstract of Intelligence Date-24/4/1971(volume-xxv No.17) and East Pakistan Police Abstract of Intelligence Date-01/5/1971(volume-xxv No.18). Such 2 East Pakistan Police Abstract of Intelligence, which are certified by me (1st exhibit No.10) and my signature (exhibit No.10/1) and 2nd (exhibit 11/1) as a marked. It is documentary evidence for Peace Committee was constituted. Every witness said he was Razakar such 8 incidents were committed between 26th May to July by accused.

Accusations against accused for alleged offences in to this tribunal. I presented 22 witnesses for proving this case.

Prosecutor read out the Charge-1 involving abduction, confinement torture, crime against humanity.

In support of this charge P.W.-5 Ranjit Nath statement was read out by Prosecutor. (

He is also corroborated with P.W.-15 whose statement was read out

Judge Shahinur Islam: Did he hear or saw that he was caught and taken to circuit house?

Proseuction: He had known that. My Lord, exhibit no.-1 The Daily Jonokontho on 8.8.2011. Where published a report Maulana Abul Kalam Azad alias Bachchu was Razakar.

Judge Shahinur Islam: Do you think to prove charge-1 can stand only P.W.5

Proseuction: Yes because he himself is victim. Both witnesses were cross examined by Defense council.

Chairman: We get relevant fact from P.W.-15 that is Bachchu had taken training.

In support of this charge I present P.W.-18, P.W.-7 and P.W.-15 before Your Lordship.

P.W.-18’s statement read out statement and questions by prosecutor. My Lord, he saw Bachchu with Major Koreshi and there confined many people, tortured, women were without cloth and raped. This witness is corroborated by P.W.-7.

P.W.-7’s statement read out from his chief by prosecutor.

Prosecution: My Lord, P.W.-18 and 7 is corroborated to each other. Both said Bachchu was always with Pakistan Army and helped to Pakistan Armies. P.W.-7 was classmate of Bachchu that’s why he thought, Bachchu may have been released him but no he said, “Ea mukti hai isko khatom kar do”. Then after torture was being increased to him.

P.W.-15’s statement read out again.

Chairman JUSTICE Obaidul Hasan: Please prove the crimes against humanity, in this charge and what are the elements of crime against humanity? Please prove the elements.

Proseuction: Read out the definition of crime against humanity. In here torture and confinement has been proved.P.W.-15 is hearsay witness then after he had get know this. In here P.W.-18 and P.W.-7 is victim. My Lord, such 3 witness had recognized Bachchu before that, they were student of Rajendra College. They said he was member of Islamic Student Union and made meeting during student life and they had known he was Razakar and made crimes against humanity during freedom fight.

in support of this charge I present P.W.-1 and P.W.-3 before Your Lordship. In this charge Bachchu had participated physically in to the crime.

P.W.-1’s statement read out.

Thus my Lord, he is direct witness. Then he read out the cross examination regarding recognized. Bachchu was a commander of Razakar. My Lord, he has given witness as direct evidence and it is also confirmed by cross that he saw such occurrence. This witness is corroborated by P.W.-3.

P.W.-3’s statement read out.

My lord, we get from his chief that “Bachchu said, I had taken training from Faridpur for ruling the country”.

Read out his cross-examination .

Thus my Lord, he is also direct witness and corroborated to P.W.-1 regarding charge-1. He confirmed he had recognized Bachchu. In addition to this Bachchu taken training from Faridpur. My Lord, it is clear that, Bachchu helped to Pakistan Armies and committed the crime against humanity.

In support of this charge I present P.W.-6, P.W.-8 and P.W.-10.

Prosecutor read out P.W.-6, P.W.-8 and P.W.-10’s chief and cross.

Proseuctor: everyone had recognized Bachchu and there was no doubt about his participation with Pakistan Armies. P.W.-10 is also direct evidence also corroborated with P.W.-6 AND 8. P.W.-10 said Bachchu was Razakar and their motive of attack was removed the Hindus and independence believer.

Such 3 witnesses corroborated with each other regarding to prove charge-4.
Adjourned until the next day.

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