The prosecution continued with his closing arguments from the previous day and dealt with charges 7 to 13. This is the text from the document filed before the court summarizing the arguments. The evidence of the witnesses were read out.
One of the judges asked when the accused became Rajakar? The prosecution said that before arrival of Pakistani Army the accused became Rajakar.
Then Haider Ali cited different atrocities committed by the Pakistani Army and he became emotional at this stage. He submitted that the tribunal has to consider all the facts in the light of 1971 where many children were killed while their mothers were breast feeding them, many plates were kicked away while people were taking food.
Charge-7
That on 8th May, 1971 at about 1:30 P.M you led a team of armed accomplices accompanied with Pakistani Army raided the of Shahidul Islam Selim, son of Nurul Islam Khan of Village Baduria under Pirojpur Sadar Police Station and you identified Nurul Islam Khan as an Awami League Leader and his son Shahidul Islam a freedom fighter, then you detained Nurul Islam Khan and handed over him to Pakistan Army who tortured him and after looting away goods from his house, you destroyed that house by setting fire. The act destruction of the house by fire is considered as crime of persecution as crimes against humanity on political ground and you also abetted in the torture of Nurul Islam Khan by the Pakistan Army. Thus you have committed the said crimes of punishable under sections- 3(2)(a) and 3(2)(g) of the Act.
PW-1 Md. Mahbubul Alam Hawladar
PW-3 Md. Mizanur Rahman Talukdar
PW-4 Md. Sultan Ahmed Hawladar
PW-5 Md. Mahtab Uddin Hawladar
PW-6 Abdul Manik Poshari
PW-8 Mostofa Hawladar
PW-9 Altaf Hawladar
PW-12 MP AKM Awal
PW-13 Gourango Chandra Shaha (said in the cross examination)
Ext-258 Abdul Latif Hawladar
Ext- 262 Ayub Ali Hawladar
Ext- 264 Ajit Kumar Shil
Ext- 44, 45 (Sketch Map & Index)
Ex- Mat (xi) Ekushe TV, Ekusher Chokh
Ext- Mat- xii (Video & Still Image)
Ext- 6,7,8 Daily Janakantha, 5th March, 2001
Ext-9,10,11 Bhorer Kagoj 4th November, 2007
Charge-8
That on 8th May, 1971 at about 3:00 p.m. under your leadership you and your accomplices accompanied with Pakistan Army raided the house of Manik Poshari of village Chitholia under Pirojpur Sadar Police Station and caught his brother Mofizuddin and one Ibrahim @ Kutti therefrom. At your instance other accomplices after pouring kerosene oil on five house, those were burnt to ashes causing a great havoc. On the way to Army Camp, you instigated Pakistan Army who killed Ibrahim @ Kutti by gun shot and the dead body was dumped near a bridge, then Mofiz was taken to Army camp and was tortured. Thereafter you and others set fire on the houses of Hindu community at Parerhet Bandar causing huge devastations. The acts of looting goods and setting fire on dwelling houses are considered as persecution as crimes against humanity on religious ground. You directly participated in the occurrences of abduction, murder and persecution which are identified as crimes against humanity. Thus you have committed the said crimes of punishable under sections-3(2)(a) of the Act.
PW- 2 Ruhul Amin Nobin
PW-4 Md. Sultan Ahmed Hawladar
PW-6 Abgul Manik Poshari
PW-7 Mofijuddin Poshari
PW-8 Mostofa Hawladar
PW-9 Altaf Hawladar
PW-10 Basudeb Mistri (now deceased)
PW-11 Jalil Sheikh
PW-12 MP AKM Awal
Ext- 258 Abdul Latif Hawladar
Ext- 262 Ayub Ali Hawladar
Ext- 261 Shahidul Islam Khan Selim
Ext- 265 Rani Begum
Ext- 266 Sitara Begum
Ext- 267 Md. Mostofa
Ext-2 (seizure list), 2/2 signature
Ex- Mat (iii) (iii/1)- 2 seized Tin from the house of Manik Poshari, presented before the Tribunal.
Ext- 44,45 (sketch map and index)
Ext- (attached deed) 4/2 signature
Ext- 6,7,8 Daily Janakantha, 5th March, 2001
Ext- 9,10,11 Bhorer Kagoj 4/11/07
Ex-Mat (xv)- ATN Bangla, Ekattorer Ghatokera
Ex-Mat (xi) Ekushe TV, Ekusher Chokh Ext- Mat- (xii) (Video & Still image)
Charge-9
That on 02-06-1971 at about 9 a.m. under your leadership with your armed associates accompanied with Pakistan Army raided the house of Abdul Halim Babul of village- Nolbunia under Indurkani Police Station and looted away valuables, then set the house on fire to ashes. The acts of burning house to ashes and looting goods are considered as persecution as crimes against humanity. Thus you have committed the said crimes of punishable under sections- 3(2)(a) of the Act.
PW-14 Abdul Halim Babul’
PW03 Md. Mizanur Rahman Talukdar
PW-4 Md. Sultam Ahmed Hawladar
PW-5 Md. Mahtab Uddin Hawladar
PW-6 Abdul Manik Poshari
PW-9 Altaf Hawladar
PW-12 MP AKM Awal
Ext- 9, 10, 11- Bhorer Kagoj, 4th November, 2007 Ext-Mat (xii) (Video & Still image)
In relation to charge 9, when referring to prosecution witness number 3, the following exchange took place between the tribunal and the prosecutor Haider Ali
Justice Anowar Hossain: this portion also supports charge 6, 7, 8 doesn't it?
Haider Ali replied, ‘Yes’.
Nizanul Huq: What is the name of Saidee’s village?Haider Ali: Soouthkhali.
Nizamul Huq: What is the name of the father in law of Delwar Hossain Saidee?
Haider Ali: Eunus Ali Munsi. He was also a Rajakar.
Nizamul Huq: Was there any house of Eunus Ali Munsi in Pirojpur district?
Haider Ali: No, he had no house in Pirojpur town but he used to sit in a tea-stall in Parerhat Bazaar.
Nizamul Huq: When did he become Rajakar?
Haider Ali: In first week of May.
Nizamul Huq: Where was the in-laws house of Saidee?
Haider Ali: In another side of Polerhat canal, it was beside Southkhali village.
Charge-10
That on the same day i.e. 02.06.1971 at about 10.00 a.m. under your leadership with your armed associates accompanied with Pakistan Army raided the Hindu Para of village- Umedpur under Indurkani Police Station. You burnt 25 houses including houses of Chitta Ranjan, Jahar Talukdar, Horen Thakur, Anil Mondol, Bisabali, Sukabali, Satish Bala and others. At one stage Bishabali was tied to a coconut tree and at your insistence Bisabali was shot to death by your accomplice. The act of burning houses and killing of Bisabali which is persecution and murder within the purview of crimes against humanity. Thus you have committed the said crimes of punishable under sections- 3(2)(a) of the Act.
PW-1 Md. Mahbubul Alam Hawladar (page-3)In discussing this charge, Haider Ali the prosecutor submitted that Pakistani Army came to Pirojpur on 3rd May 1971 and then the atrocities in the neighboring Pirojpur town occurred. Then the Pakistani Army came to Parerhat on 7th May 1971, and then the atrocities in neighboring Parerhat occurred. In all the atrocities, the accused had direct involvement.
PW-4 Md. Sultan Ahmed Hawladar
PW-5 Md. Mahtabuddin Hawladar (page-1)
PW-9 Altaf Hawladar ) (page-1)
PW-12 MP AKM Awal (Page-3)
PW-14 Abdul Halim Babul (Page-1)
Ext- 258 Abdul Latid Hawladar (page- 2636)
Ext-259 Anil Chandra Mondol (page-2647)
Ext- 260 Shukh Ranjan Bali (page- 2648)
Ext- 269 Mukund Chakraborti
Ext- 38, 39 (sketch map & index)
Ext- 9,10, 11 Bhorer Kagoj, 4th November, 2007
Ext- Mat (xii) Ekushey TV, Ekusher Chokh Ext-Mat (xii) (Video & Still Image)
One of the judges asked when the accused became Rajakar? The prosecution said that before arrival of Pakistani Army the accused became Rajakar.
Then Haider Ali cited different atrocities committed by the Pakistani Army and he became emotional at this stage. He submitted that the tribunal has to consider all the facts in the light of 1971 where many children were killed while their mothers were breast feeding them, many plates were kicked away while people were taking food.
Charge-11
That on the same day i.e. on 02-06-1971 you led a team of peace committee members accompanied with Pakistani occupied forces raided the houses of Mahbubul Alam Hawladar (freedom fighter) of village Tengra Khali under Indurkani Police Sation and you detained his elder brother Abdul Mazid Hawladar and tortured him. Thereafter, you looted cask money, jewelry and other valuables from their houses and damaged the same. You directly participated in the acts of looting valuables and also torture. Thus you have committed the said crimes of punishable under sections- 3(2)(a) of the Act.
PW-1 Md. Mahbubul ALam Hawladar (Page-3)
PW-4 Md. Sultan Ahmed Hawladar (Page-3)
PW-5 Md. Mahtab Uddin Hawladar (Page-1)
Ext- 42, 43 (Sketch Map & Index)
Ext- 9, 10, 11 Bhorer Kagoj, 4th November, 2007
Ext- Mat- (xii) (Video And Still Image)
Charge-12
That during liberation war on one day a group of 15/20 armed accomplices under your leadership entered the Hindu Para of Parerhet Bazar under Indurkani Police Station and captured 14 Hindus namely Horolal Malakar, Aoro Kumar Mirza, Taronikanta Sikdar, Nando Kumar Sikdar and others, all were civilians and supporters of Bangladesh independence. You tied them to Pakistani Military where they killed and bodies were thrown into river. This Act was directed against a civilian population with intent to destroy in whole or part of religious group, which is genocide. Thus you have committed the said crimes of punishable under sections- 3(2)(c)(i) of the Act.
PW-1 Md. Mahbubul Alam Hawladar (Page-2)
Ext- 263 Usha Rani Malakar (Page- 2675)
Ext-9,10,11- Bhorer Kagoj, 4th November, 2007
Ex- Mat (xi) Ekushe TV, Ekusher Chokh
Ext-Mat (xii) (Video & Still Image)
Charge-13
That about 2/3 months after the start of the liberation war, on one night under your leadership some members of peace committee accompanied with the Pakistani Army raided the house of Azhar Ali of village Nalbunia under Indurkani Police Station and then caught and tortured Azhar Ali and his son Shaheb Ali. Thereafter, you abducted Shaheb Ali and ultimately he was taken to Pirojpur and after killing him threw his dead body in the river. The acts of murder, torture and abduction as crimes against humanity. Thus you have committed the said crimes of punishable under sections- 3(2)(a) of the Act.
Ext- 265 Rani Begum (Page- 2696)
Ext-266 Sitara Begum (Page- 2697)
Ext- 267 Md. Mostofa (Page 2698-2699) Ext-Mat (xii) (Video & Still Image)
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