4 Nov 2012: Azad charge framing

Justice A.T.M Fazle Kabir read out the charge-framing order (indictment) against Abul Kalam Azad.

Accused Moulana Abul Kalam Azad alias Bachchu has been absconding or has concealed himself and thus he is not present before the tribunal. The trial is being held in absentia. Today is fixed for passing order upon framing charges against accused Moulana Abul Kalam Azad alias Bachchu. Prosecution already submitted charges against him in the Tribunal. We all know about the historical context of our liberation war, so I only read the portion of charges against Maolana Abul Kalam Azad alias Bachchu.

Maolana Abul Kalam Azad, son of Abdus Salam Mia and Magfura Begum of Barakhardia village under Saltha Police Station of Faridpur, was born on March 5, 1947, and was a student of Rajendra College in Faridpur.

He, during the war of liberation in 1971, assisted the Pakistani occupation force initially in the capacity of Razakar and subsequently as the chief of Al-Badar force in Faridpur.

When Pakistani army entered into Faridpur for the first time during liberation war, he welcomed them in Faridpur. Azad was a “rokan” (member) of Jamaat-e-Islami and now he is not affiliated with any political party. He could speak Urdu well as he studied in a madrasa and he was a close associate of the Pakistani army and actively participated and substantially assisted them in committing atrocities on the civilians, the Hindu community and pro-liberation Bangalee people. He was a close associate of Ali Ahsan Mohammad Mojaheed who was then president of East Pakistan Islami Chhatra Sangha and till the formation of the Razakar force, he actively aided the Pakistani army in committing criminal acts

Prosecution team after investigation has submitted an effective and proper investigation report and Tribunal-2 issued an arrest warrant against him on April 3 but he went into hiding and D.M.P could not arrest him. After that D.M.P submitted execution report of his arrest warrant. On October 7, the tribunal decided to hold Azad's trial in his absence as even after publication of newspaper ads asking him to appear before the tribunal but he did not present. The advertisement has been given in Bengali “Daily Jonokontho” and English “The Daily Star”. Court has appointed Abdur Sabur Khan as his lawyer.

Defense Counsel has applied not to frame charge against Abul Kalam Azad alias Bachchu because he was not involved in Rajaker and was not commander of Al-Badr. 

Charge 1: Abduction, confinement and torture of Ranjit Nath @ Babu Nath
Abul Kalam Azad @ Bachchu(absconded) a member of Razaker Force and subsequently the local commander of Al-Badar Bahini and or as a member of group of individuals being accompanied by accomplices is alleged to have abducted , tortured and confined Ranjit Nath @ Babu Nath , during the first week of June ,1971 as narrated in the charge no.01 and thereby he has been charged for the physical participation and also for substantially contributing to the actual commission of offence of ‘abduction, confinement and torture as crime against humanity’ by directing attack against the Hindu civilian population as specified in section 3(2) (a) of the Act which are punishable under section 20(2) read with section 3(1) of the Act

Charge 2: Abduction, confinement and torture on Abu Yusuf Pakhi
Abul Kalam Azad @ Bachchu(absconded) a member of Razaker Force and subsequently the local commander of Al-Badar Bahini and or as a member of group of individuals being accompanied by accomplices is alleged to have abducted , tortured and confined Abu Yusuf Pakhi , on 26 July 1971 during the war of liberation, as narrated in the charge no.02 and thereby he has been charged for the physical participation and also for substantially contributing to the actual commission of offence of ‘abduction, confinement and torture as crime against humanity’ by directing attack against the Hindu civilian population as specified in section 3(2) (a) of the Act which are punishable under section 20(2) read with section 3(1) of the Act.

Charge 3: Sudhangsu Mohon Roy Killing
Abul Kalam Azad @ Bachchu(absconded) a member of Razaker Force and subsequently the local commander of Al-Badar Bahini and or as a member of group of individuals being accompanied by 10/12 armed Razakers attacked the village Kolaron (Kvjvib) under police station Boalmari district Faridpur, and then the accused is alleged to have killed Sudhangsu Mohon Roy of village Kolaron on 14 May 1971 at about 15:00 hrs. during the War of Liberation and thereby he has been charged for the physical participation and also for substantially contributing to the actual commission of offence of ‘murder as crime against humanity’ by directing attack against the Hindu civilian population as specified in section 3(2) (a) of the Act which are punishable under section 20(2) read with section 3(1) of the Act.

Charge 4: Madhab Chandra killing
Abul Kalam Azad @ Bachchu(absconded) a member of Razaker Force and subsequently the local commander of Al-Badar Bahini or as a member of group of individuals being accompanied by 10/12 armed Razakers is alleged to have killed Madhab Chandra Biswas at village ‘Purura Nampara‘ under police station Nagarkanda district Faridpur by dragging him out of his house , on 16 May 1971 at about 15:00 , during the War of Liberation and thereby he has been charged for the physical participation and also for substantially contributing to the actual commission of the offence of ‘murder as crime against humanity’ by directing attack targeting the civilian Hindu population as specified in section 3(2) (a) of the Act which are punishable under section 20(2) read with section 3(1) of the Act.

Charge 5: Committing Rape upon Devi Rani and Shova Rani
Abul Kalam Azad @ Bachchu(absconded) a member of Razaker Force and subsequently the local commander of Al-Badar Bahini and or as a member of group of individuals being accompanied by 10/12 armed Razakers is alleged to have attacked the house of Sudhir Biswas @ Gosai Pada Biswas of village ‘Natibodia’ (bvwUew`qv ) under police station Boalmari district Faridpur on 08 June 1971 at about 12:00 hrs , during the War of Liberation and then allegedly committed rape upon Devi Rani and Shova Rani and thereby he has been charged for the physical participation and also for substantially contributing to the actual commission of offence of ‘rape as crime against humanity’ by directing attack targeting the Hindu civilian population as specified in section 3(2) (a) of the Act which are punishable under section 20(2) read with section 3(1) of the Act.

Charge 6: Killing of Chitta Ranjan Das
On 03 June 1971, during the War of Liberation you, Moulana Abul Kalam Azad @ Bachchu a member of Razaker Force and subsequently the local commander of Al-Badar Bahini and or as a member of group of individuals being accompanied by 10/12 armed Razakers launched an attack targeting the Hindu community of village ‘Fulbaria’ under police station Nagarkanda district Faridpur and started looting the house of civilians. In the course of the event, you and your 7/8 accomplices entering inside the house of Chitta Ranjan Das dragged him out and then you, by the rifle with you, gunned down him to death and thereby the accused has been charged for the physical participation and also for substantially contributing to the actual commission of offence of ‘murder as crime against humanity’ by directing attack targeting the Hindu civilian population as specified in section 3(2) (a) of the Act which are punishable under section 20(2) read with section 3(1) of the Act. 

Charge 7
On May 17 1971 in the early morning, accused Abul Kalam Azad @ Bachchu (absconded) a member of Razakar Force and subsequently the local commander of Al-Badar Bahini or as a member of group of individuals, being accompanied by his 30/35 armed accomplices is alleged to have caused indiscriminate destruction and killing of (1) Sharat Chandra Poddar, (2) Suresh Poddar, (3) Shyama Pada Saha, (4) Jatindra Mohan Saha, (5) Nil Ratan Samadder , (6) Subol Koyal and (7) Mallik Chakravarti, the members of Hindu community, by gun shot. It is also alleged that in conjunction of the incident, the accused and his accomplices gunned down (8) Haripada Saha residents of crime village Hasamdia and (9) Probir Kumar Saha @ Puitta to death by abducting them to the river bank of ‘Maindia bazar’ and thereby the accused has been charged for the physical participation and also for substantially contributing to the actual commission of offence of ‘genocide’ for ‘killing the members of Hindu community’, with intent to destroy the Hindu religious group, either whole or in part as specified in section 3(2) (c)(i) of the Act which are punishable under section 20(2) read with section 3(1) of the Act.

Charge 8: Anjali Das abduction and tortureAbul Kalam Azad @ Bachchu(absconded) a member of Razaker Force and subsequently the local commander of Al-Badar Bahini and or as a member of group of individuals, being accompanied by 7/8 armed Razakers entering inside the house of Guru Das, a civilian village dweller of village ‘Ujirpur Bazarpara’(DwRicyi evRvicvov) under police station Saltha district Faridpur s is alleged to have abducted Anjali Das (18) Rani of the crime village on 18 May 1971 at about 10:00 hrs, during the War of Liberation and kept her confined and tortured and thereby the accused has been charged for the physical participation and also for substantially contributing to the actual commission of offence of ‘abduction, confinement and torture as crimes against humanity’ by directing attack targeting the Hindu civilian population as specified in section 3(2) (a) of the Act which are punishable under section 20(2) read with section 3(1) of the Act.

Mr. Abdus Sabur Khan, you are appointed by Tribunal as Defense Counsel. Perform your responsibility properly. You have to submit the list of defense witnesses in the date of 14 November and also any other documents in favor of accused if you have. You can communicate for this with the family members of accused.

Defense Counsel (Abdus Sabur Khan): I am trying at my best level to collect witnesses and documents in favor of Abul Kalam Azad alias Bachchu.

Justice A.T.M Fazle Kabir: Ok, taking deposition of prosecution witnesses will be started from 14 November 2012.