Tuesday, August 27, 2013

Ghulam Azam Judgement, Part 3: Incitement

This is the third part of the judgement relating to the trial of Ghulam Azam.

To see part one - dealing with introductory issues
To see part two - dealing with charges relating to conspiracy and planning
To see part four - dealing with charge relating to complicity
To see part five - dealing with charges relating to murder
To see part six - dealing with command control and superior responsibility
To see part seven - dealing with sentence 
XVIII - Adjudication of charge No.-3 (Incitement involving the commission of crimes specified in section 3(2) of the Act, 1973)
Accused Ghulam Azam by his acts and commissions, made statements and speeches instigating his followers to commit crimes against humanity and genocide in all over Bangladesh in 1971. Therefore, the accused has been charged under section 3(2)(f) read with section 4(1) and 4(2) of the Act for committing crimes specified in section 3(2) of the Act.

135. Incitement is not an offence which has been specifically mentioned in section 3(2) of the Act. However, direct and public incitement to commit crime against humanity and genocide is a recognised crime under customary international law and as such the offence of incitement is a crime under international law which is also specified in section 3(2)(f) of the Act. Incitement to commit genocide is an inchoate offence. Therefore, it is not necessary to prove genocide has occured in order to prove the offence of incitement to commit genocide (para-678, Nahimana case, Appeal Chamber).

INCITEMENT:136. The definition of incitement in the draft Criminal Code, cl, 47 as recently approved by the Divisional Court of Appeal in England is:- A person is guilty of incitement of committing an offence or offences if he incites another to do or cause to be done as act or acts which, if done, will involve the commission of the offence or offences, by the other, and he intends or believes that the other, if he acts as incited, shall or will do so with the fault required for the offence or offences.

137. The elements of the offence of direct and public incitement to commit genocide are described in both the plea Agreement and the Tribunal jurisprudence as:- (I) that the accused incited others to commit genocide; (II) that the incitement was direct; (III) that the incitement was public and (IV) that the accused had the specific intent to commit genocide, that is destroying in whole or in part a nation, ethnic racial or religious group.

Incitement is complete when uttered or published:-138. Nahimana, Barayagwiza and Ngeze, (Appeals Chamber), November 28, 2007 para 723, the Appeals Chamber is of the opinion that the Trial Chamber erred in considering that incitement to commit genocide continuous in time until the completion of the acts contemplated. The Appeals Chamber holds that the crimes of direct and public incitement to commit genocide is completed as soon as the discourse in question is uttered or published, even though the effects of incitement may extend in time. The Appeals Chamber accordingly holds that the Trial Chamber could not have jurisdiction over acts of incitement having occurred before 1994 on the grounds that such incitement continued in time until the commission of genocide in 1994. Now let us discuss charge no.3 which contains 28 counts in the light of the evidence produced by the prosecution:-

Charge No.-3 Count No.-1 Daily Azad , 08 April, 1971(copy of paper clipping)
139. India’s interference in internal affairs: Extreme criticism by different leaders of East Pakistan. Dhaka, 07 April. -East Pakistan Jamaat-e-Islami: A joint statement was issued by the leaders of East Pakistan Jamaat-e-Islami. The joint statement was issued by Prof. Ghulam Sarwar. In that joint statement, they stated that they gravely believed that the patriots of East Pakistan will eliminate these Indian intruders wherever they see them, the inhabitants of East Pakistan will never allow these Indian intruders to pay with the sovereignty of East Pakistan.

140. It appears from Daily Azad dated 08.04.1971 marked as exhibit 36 that on 07.04.1971 accused Ghulam Azam made a joint statement by treating the members of Jammat-e-Islami, Shanti Committee, Rajakar Bahini, Albadr Bahini and Al-shams Bahini as patriots and urging them to destroy Indian spies including Hindu religious group, supporters of Awami-league, Bangalees and pro-independence of Bangladesh. He incited by giving orders to the members of auxiliary forces to destroy in whole when they saw them at any place in the territory of the then East Pakistan.

Count-2 Daily Azad, 11 April 1971(copy of paper clipping) Ghulam Azam against Indian Interference: Unwanted generosity is a new trick of .....
141. Dhaka, 10 April. -In a speech aired over Radio Pakistan, Prof. Ghulam Azam has called general people for becoming architects of their own fate. ... He further stated that, practically by sending armed intruders, India has challenged the patriotism of the East Pakistani People. India should keep it in mind that it should not interfere for the freedom of a country. I believe that these intruders will never get any assistance from the Muslims of East Pakistan. Practically, India is playing a role to engage the people of East Pakistan in a war with an army financed by it ..... He reiterated, “we should be the architect of our own future.” Same news different heading:

1. Daily Purbodesh, 11 April 1971(copy of paper clipping) Ghulam Azam’s Radio Speech: India engaged in a conspiracy to destroy Pakistan.

2. Daily Pakistan, 11 April 1971(copy of paper clipping) Ghulam Azam cautioned Indian Leaders.

142. It has come into evidence by Daily Azad dated 11.04.1971 marked as exhibit 38, Daily Purbadesh dated 11.04.1971 marked as exhibit-102 and Daily Pakistan dated 11.04.1971 marked as exhibit 54 that on 10.04.1971 accused Ghulam Azam as Ameer of Jamaat-e-Islami gave a provocating speech to the nation through Radio Pakistan that intimidated against the leaders of India who allegedly challenged the people of East Pakistan. By which the followers of accused Ghulam Azam were incited to commit atrocities during the liberation war and at his influence and instigation many unarmed Bangalees including a group of Hindus, supporters of Awamileague who had sided with an independent Bangladesh, were also killed.

Count-3 Daily Purbodesh, 23 April 1971 (copy of paper clipping) Central Peace Committee’s Appeal: Co-operate with armed forces
143. Dhaka, 22 April (APP). Central Peace Committee appealed to all patriots of East Pakistan to protest against all subversive activities and to cooperate with the armed forces.....Central Peace Committee informed that everywhere in East Pakistan the people who are committing subversive activities against the state are losing their hopes and currently has undertaken the principle of ‘ burnt soil’ or poramati neeti to create disturbances to the peace loving general people and has started to disrupt transport services.....

144. The Committee has advised that wherever the army visits, the local people, after taking a national flag in their hands, should go to meet with them. In this way, the army will be able to get rid of people engaged in subversive activities and miscreants. Committee also stated that, there was reason for the general people to be afraid of the army.... The Central Peace Committee hailer Allah for the ideal role played by the Army in saving the country from the separatists.

145. Daily Purbodesh dated 23.04.1971 marked as exhibit -105 had reported that on 22.04.1971 Ghulam Azam as Ameer of Jamaat-e-Islami and part of Central Shanti Committee by a press release urged the patriotic citizens to resist the destructive activities of traitors and to assist the members of the Pakistani Army in all possible ways so that they could destroy the persons who had sided with an independent Bangladesh. He also advised members of the Shanti Committee to greet members of Pakistan Army with the national flag. According to this incitement Pakistan Army along with auxiliary forces committed genocide and crimes against humanity all over the country during the liberation war in 1971 and he controlled members of all organizations in capacity of being prime leader to destroy enemies who fought for independence of Bangladesh.

Count-4 Fortnightly Report 1st Half of May, 71
146. In a meeting (100) held by the Dhaka City Jamaat-e-Islami on 2.5.1971 at its office, with its Ameer Khurram Jah Murad in the chair, discussion was held about the present situation of the country. The meeting urged the party workers to make all possible efforts for restoration of complete normalcy and peaceful functioning of the mills and factories and also requested them to advise both local and non-locals to foster brotherly feeling amongst themselves. Prof. Ghulam Azam, Ameer, EPJI, also addressed the party workers stressing on the need of Islamic ideology. Paragraph-8

147. A meeting (30) of the East Pakistan Peace Committee was held on 4.5.1971 at the residence of A.Q.M. Shafiqul Islam (CML) at Elephant Road, Dhaka with Khwaja Khairuddin, Convener of the Committee in the chair. It was attended, amongst others, by Prof. Ghulam Azam (JI), Abdul Jabbar Khaddar (PDP) and A.Q.M. Shafiqul Islam (CML). Resolutions were adopted in the meeting demanding protection of life and properties of the general public, including the peasants, against the miscreants.
148. It has emerged from fortnightly report on political situation in the 1st of May, 1971 from a special branch, East Pakistan, Dhaka marked as exhibit-481 that a meeting held by Dhaka city Jamaat-e-Islami on 02.05.1971 at its office in which Ghulam Azam was present. The meeting invited the party workers to give all possible efforts for bringing back the so called state in a normal position. This state report gives indication that Ghulam Azam as Ameer of the party showed his involvement in the incitement by holding a party meeting at its office on 02.05.1971.

Count -5 Daily Sangram, 18 May 1971(copy of paper clipping) Recommendation of Citizens Meeting in Dhaka: Call to amend Peace Committee’s name as Peace and Solidarity Committee.
149. Yesterday (Monday) a meeting of citizens from all spheres of life was held in Dhaka to review the situation of East Pakistan. In the news of APP it was reported that the meeting took place at the residence of former M.N.A. Mr. Abul Kashem and the meeting was presided over by Maj. Gen (Retd.) Omrao Khan.The meeting, among others, was attended by Khaja Khayeruddin, Mr.Shafiqul Islam, Prof. Ghulam Azam, Maj Afsar Uddin, Mr. Abul Kashem, Dewan Warsat Hossain Khan, Mr. Toyaha Bin Habib, etc. Retired Maj. Gen. Omrao Khan said in his speech that the country is going through deep crisis due to the subversive activities of the outlawed Awami League and their allies from the other side of the border. ... Mr. Khan re-emphasized on sacrificing all political difference so that everyone can fight against the general enemies. In the meeting the Army was highly praised for their role in safeguarding the country from the subversive activities committed by the Awami League.

150. From the meeting it was demanded that Pakistan takes hard actions against all the traitors and to achieve that all the Islamic political parties of East Pakistan must unite together to extend their support towards the army. It was emphasized that to find out the miscreants and to restore full normalcy in the province, each and every patriot must try hard and work selflessly.

151. In a proposal adopted in that meeting following names were recommended as the members of the Provincial Peace Committee : (1) Dewan Warasat Hossain Khan, (2) Sayeed Khaja Khayeruddin, (3) Mr. Shafiqul Islam, (4) Prof. Ghulam Azam, (5) Mr. Akhter Ahmed Khan, (6) Mr. Abul Kashem, (7) Mr. Mohammad Sabir Ali, (8) Mr. Jodur Ahmed, (9) Major Afsaruddin, (10) Mr. A.K. Rofiqul Hasan, (11) Mr. Musaffar Ahmad, (12) Mr. A. Mallick, (13) Mr. S.M. Ziaul Hoque, (14) Mr. Aftab Ahmad Siddiq, (15) Mr. A.H. Manik, (16) Mr. Md. Nurul Amin, (17) Mr. Anjar Mallik, (18) Mr. Mahabub Iqbal, (19) Mr. S.H. Hasan, (20) Mr. Anwarul Haque, (21) Mr. Akhter Hamid Khan, (22) Mr. Hasan Raja, (23) Mr. Salaiman Usmani, and (24) Mr. Toyaha Bin Habib. Same news with different heading:

Daily Pakistan, 18 May 1971(copy of paper clipping) Meeting of Peace and Solidarity Committee: Call for taking severe action against the persons committing treason.

152. Daily Sangram dated 18.05.1971 marked as exhibit-2 and Daily Pakistan dated 18.05.1971 which reported that a meeting held by Nagorik Shanti Committee in Dhaka on 17.05.1971 and praised Pakistan army for taking necessary measures against duskritikaris, members of the banned Awami-league.The meeting invited patriotic citizens to find out duskritikari (freedom fighter) and to take strong steps against them for destroying them in whole which demonstrated incitement in killing the freedom fighters and innocent people who had sided with the independence of Bangladesh.

Count – 6 Dainik Paigam, 22th May, 1971 (copy of paper clipping) Jamaat Leader’s Call after Provincial laws
153. Save country from the destructive conspiracy of the Indian Assistants Dhaka, 20 May. The Jamaat leader’s on tour in East Pakistan called all the concerned people of Pakistan to save the country from the destructive conspiracy of out lawed Awami League and its Indian allies. Secretary of Jamaat-e-Islami, Chowdhury Rahmat Elahi said ............. he is satisfied that the local people are assisting the Military.

154. On last Tuesday in a large public gathering in Mohammadpur Town Hall organized by the Central Peace Committee, Maj Gen (Rtd.) Omrao Khan, a Central Jamaat Leaders stated that, ..............he praised the role of the Army in this critical juncture of the country. He said, there are other obligations (for us) to comply with ....(Omrao Khan). Before noon, he spoke in different places including Mirpur, Lalbag, Chawk, Lalmatia and Thatari Bazar. In these meetings organized by peace committee, Khaja Khayeruddin, Abul Kashem, Professor Ghulam Azam, Major Afsaruddin, Dewan Orasat Ali were present.

155. Exhibit 169, Daily Poigam dated 22.05.1971 which has reported that accused Ghulam Azam had visited various parts of Bangladesh including Jessore and Khulna where he met leaders of his party as well as his followers and he also visited some places of Dhaka including Mirpur, Lalbagh, Chawk, Lalmatia and Thatari Bazar where he held series of meeting and gave speeches by which he urged leaders of Jammat-e-Islami and all quarters of Pakistan to protect the nation against evil designs of members of the banned Awami-league and its Indian associates. Making such speeches he incited his followers and supporters of undivided Pakistan to commit crimes against humanity which subsequently happened across the country during the liberation war. The Pakistan Army, with the help of Rajakars, Al-badrs, Al-shams, by the incitement of Ghulam Azam, used to commit killing, looting, igniting houses of innocent people and rape of women throughout the country.

Count- 7 Daily Sangram, 22 June 1971 (copy of paper clipping) Try to understand the situation of East Pakistan: Ghulam Azam.
156. The Muslims of East Pakistan will never leave Islam. For that reason they will never leave Pakistan. East Pakistan has sacrificed a lot for Islam and to be with Pakistan. They are willing to make more sacrifices. Recently EPJI Ameer Prof. Ghulam Azam made these comments in an interview with a journalist of Daily Jasarat, a daily published from Karachi. He called for the people of West Pakistan not to get confused by the false propaganda of the enemy. He requested the general people and the intellectual group of West Pakistan to cordially understand the situation of East Pakistan. He urged for their assistance in resolving these problems. After expressing his grief he said, an opportunistic group always the time conspired against the democracy of this country. The nation expected a lot of things in the last election. But the party which won in the last election was a fascist group in reality, even though they claimed them to be a democratic party. Prof. Ghulam Azam said, President Yahya Khan has introduced a legal structure to uphold the security of the country as well as the Islamic Ideology. However, the party winning the last election had such ideologies, activities and slogans which are contrary to that legal structure. The elected members did such activities that were not expected from them.

157. Daily Sangram dated 22.06.1971 marked as exhibit-5 which has revealed that in the month of June, 1971 accused Ghulam Azam in an interview with Pakistan Daily Jasarat urged the people not to be confused by propagandas of supporters of independence of Bangladesh and at the interview accused also identified the supporters of independence of Bangladesh as enemies. By attending such interview accused provoked the auxiliary forces and activists of his political party to conduct a criminal activities in the name of undivided Pakistan.

Count- 8 Daily Sangram, 23 June, 1971 (copy of paper clipping) Daily Ittefaq,23 June, 1971 Prof. Ghulam Azam in Karachi: People of East Pakistan will always stay in fraternity with West Pakistan.
158. It has appeared in the Daily Sangram dated 23.06.1971 marked as exhibit-6 and Daily Ittefq dated 23.06.1971 that on 22.06.1971 Ghulam Azam at a press conference at Karachi in Pakistan urged all concerned to actively oppose those who were duskritikari and state antagonists. Ghulam Azam praised Pakistan Army for keeping Pakistan from destructive activities of the said duskritikari. He also invited to get help of members of auxiliary forces by showing instigation.

Count- 9 East Pakistan Police Abstract, 18 July 1971 Prof. Ghulam Azam addresses a crowd in Brahmanbaria 
159. Comilla. – On 18th July, 1971 a Peace Committee meeting (2000) was held at Republic Square, Brahmanbaria with A. R. Mollah (CML) of Brahmanbaria, in the Chair. Prof. Ghulam Azam (para -437) President, EPJI, A.Q,M. Shafiul Islam, Advocate (CML) and A.T.M. Obaidullah (PDP), Advocate, Brahmanbaria delivered speeches urging upon the audience to safeguard the integrity of Pakistan.

160. Exhibit -469, East Pakistan Abstract of intelligence, para 820 which has disclosed that on 18.07.1971 accused Ghulam Azam as Ameer of Jamaat-e-Islami of East Pakistan in a Shanti Committee meeting at Brahmanbaria Republic Square gave a speech inciting all to attack those who did not believe in unity of Pakistan. Such demonstration forms an offence of incitement.

Count-10 Daily Sangram, 19 July 1971 (copy of paper clipping)
161. Ghulam Azam: No evidence of Hindus being the friends of Muslim. Rajshahi, 16 July. Recently, EPJI Ameer Prof. Ghulam Azam while addressing a gathering of hon’ble citizens organized by the local Peace Committee in the local Municipal Hall said about the miscreants that those who do not have any strength of their own want to be independent depending on the assistance of the Hindustan. He emphasized strongly that, there is no documentary evidence to show that the Hindus are the friends of Muslims. All the times they are enemies of the Muslims and even after the partition, Muslims are killed everyday in India. He further said, it is the credit of the Hindus that they have successfully created divisions among the Muslim brothers by raising the question of bangalee and obangalee. He thinks that it is not possible for Hindus and Muslims to become one nation unless and until a division is created in the question of language.

162. Daily Sangram dated 19.07.1971 marked as exhibit -09 published that on 16.07.1971 a meeting organized by Rajshahi Shanti Committee at the local municipal hall where accused Ghulam Azam declared that there were no proof of evidence that the Hindus could be friends of muslims. They always were enemies of Muslims. During his speech accused Ghulam Azam blamed Hindus for creating rift between muslims focusing the issue on bengali and non-bengali. By making such inciting speech accused Ghulam Azam had divided the people of Bangladesh and made them a target for attack, subsequently it happened in a heinous manner across the country.

Count-11 Daily Sangram, 3 August 1971 (copy of paper clipping) Prof. Ghulam Azam
163. EPJI Ameer Ghulam Azam termed the present situation as war time situation. This is not a war of arms, but a war of ideology. We must win this war to establish Din of Allah and to save this country.....Regarding the role of the army he said, their duty is to protect the country and that’s what they are doing. Now it is the duty of the Islamists to establish Islam in this country. Fortnightly Report, First Half of August, 1971

164. A conference of Pakistan J.T.A. was held on 2.8.71 in two sessions at the Dhaka University Gymnasium. The morning session was presided over by Dr. Hasan Zaman, Director of Academy for Pakistan Affairs and addressed, amongst others, by Maulana Abdur Rahim (JI), Khawaja Khairuddin (CML) and Matiur Rahman Nizami (ICS). The afternoon session was presided over by Saiyid Md. Nurul Haq and addressed, amongst others, by Prof. Ghulam Azam (JI) and Farid Ahmad (PDP). Discussion centred around the importance of Islamic education and the need for framing a constitution based on Islamic ideology.The conference was follwed by a procession (500) wherein slogans were raised demanding Islamic University and Islamic Constitution, condemning secular education and Indian Imperialism.

165. Exhibit-10, Daily Sangram dated 03.08.1971 and Exhibit-487 a fortnightly report on political situation for the 1st August, 1971 from a special branch, East Pakistan by which it has revealed that during a conference presided over by Director of the Pakistan Affairs Academy Dr. Hasan Zaman organized by Jamaat-e-Talabia-Arabia held at Dhaka University gymnasium, accused Ghulam Azam gave a speech on 02.08.1971 expressing that the war was not only a war of arms but also a war of ideals. He further stated that there was no other option but to win the war. Describing the existing situation during speech he re-marked the war as a war for ideals of Islam and treated the same as Jihad which was fought against non-muslim. Such speech directly incited to eliminate opposing political and religious group. His speech further incited followers to make the supporters of Awami-league into hindu religious group and non-muslim and threw them in the battle field as enemy of Pakistan.

Count-12 Fortnightly Report, First Half of August, 1971
166. At the instance of the District Branch of Jamaat-e-Islami, a meeting (500) was held on 4.8.71 in Khulna Municipal Hall with Maulana Abdus Sattar, Ameer, JI, Khulna in the chair. Raza Md. Basarat, Secretary, WPJI, Dr. Nazir Ahmed (UI-MNA) of West Pakistan and Prof. Ghulam Azam, Ameer, EPJI, delivered speeches in the meeting criticising Sk Mujibur Rahman, the Chief of the outlawed Awami League and his followers for misguiding the people of East Pakistan by launching secessionist movement in the garb of 6-points. The speakers also held them responsible for the present political situation in the province. Prof. Ghulam Azam, in course of his speech, exhorted the audience to unite under the banner of Jamaat-e- Islami and rout the miscreants and secessionists. He pleaded for establishment of Islamic rule in the country on the basis of the Holy Quran and the Sunnah.
167. Fortnightly report for political situation for the 1st half of August, 1971 from special branch East Pakistan, secret No. 13/71, para 11 marked as exhibit-487. By which it has reported that on 04.08.1971 at a meeting held at Khulna Municipal Hall accused Ghulam Azam delivered speech in the meeting criticising Sheikh Mujibur Rahman as the chief of the outlawed Awami-league and blaming his followers for misguiding the people of East Pakistan by launching secessionist movement in the garb of six points. Ghulam Azam during his speech had also exhorted the audience to unite under the banner of Jamaat-e-Islami and rout the miscreants. By the speech he made provocation upon his followers and others to become arrogant to destroy the supporters and workers of Sheikh Mujibur Rahman who vehemently invited the people to liberate an independent country as he won in the election of 1970 by majority seats.

Count-13 Dainik Sangram, 08 August, 1971(copy of paper clipping) Prof. Ghulam Azam in a large gathering in Kushtia Same News different Heading Dainik Pakistan, 08 August 1971(copy of paper clipping) Sheikh Mujib and his party are traitors: Ghulam Azam Dainik Azad, 09 August, 1971 (copy of paper clipping) Ghulam Azam addresses a gathering in Khulna (Wrong caption)

168. A workers conference of Kushtia District Jamaat-e-Islami (JI) held recently at Kushtia was addressed, amongst others, by Raja Mohd. Bassarat, Secretary, Rawalpindi District JI, Dr. Nasir Ahmad Khan (JI), MNA Dera Ismail Khan and Prof. Ghulam Azam, Ameer East Pakistan JI, Raja Mohd Basarat stated that the Hindus were the main enemies of the Muslims and as such every Pakistani should stand firmly against India which had been trying her best to destroy Pakistan. Dr. Nasir Ahmad Khan also warned the party workers to be careful against Indian design.

169. Prof. Ghulam Azam who was the main speaker in the conference stressed on the need for formation of Peace Committee at every village to neutralize the evil design of the rebels. According to him, if the Muslims failed to safeguard the integrity and solidarity of Pakistan, existence of the state and Islam would be at stake. He observed that those who thought the Hindus to be their friends were the enemies of Pakistan. He vehemently condemned the dream of some misguided Muslims for establishment of Independent and sovereign ‘Bangladesh’ and said as soon as Razakars, Mujahids and police would be able to check the disrupt activities of the rebels in rural areas, the Army would be withdrawn to be sent to the borders to check the Indian infiltrators into East Pakistan.

170. Daily Sangram dated 08.08.1971 marked as exhibit-11, Daily Pakistan dated 08.08.1971 marked as exhibit-64, Daily Azad dated 09.08.1971 marked as exhibit-45 and fortnightly report (secret No. 14/1971) para 12 by special branch marked as exhibit-488 by which it has reported that on 103 06.08.1971 Ghulam Azam as Ameer of Jammat-e-Islami in the meetings at Kustia and Khulna remarked that Sheikh Mujibur Rahman and the banned Awami-league had entered into an alliance with India and betrayed with the common people of the region. During his speeches he stated further referring to the great sacrifice of Muslims during Azad movement against Hindu domination. He further called the common people to stay alert against so called duskritikari (freedom fighters). It has come into evidence by these exhibits that accused Ghulam Azam instigated the people to treat Sheikh Mujibur Rahman and his followers as traitors of East Pakistan and demonstrated incitement on the part to commit genocide, atrocities against humanity.

Count-14 Daily Sangram, 14 August 1971 (copy of paper clipping) 171. EPJI Ameer Prof. Ghulam Azam in a statement stated that the 25th Azad Day is more significant due to the present critical situation endured by the nation. He wholeheartedly urged the general people to show their respect and love towards the ideology and the solidarity of the country and said, “criminological treachery to our ideology is the main reason for our national turmoil.” He suggested that it can only be cured by establishing an ideology based Pakistan, which is an old promise. Prof. Ghulam Azam said, “If the Islamic ideology, on the basis of which Pakistan was found, was established then all the people irrespective of area would have been benefitted from economic justice, social welfare and democratic rights and it would have increased the unity within the people. Geographical and cultural differences would not have arisen.”He said, “At present, country’s unity and solidarity is at stake. Sovereignty of the country is threatened by the internal and external enemies of Pakistan. Foreign media and major powers being confused due to the propaganda of Indian media are showing their back to Pakistan.”

172. Daily Azad dated 16.08.1971 marked as exhibit-46, Daily Purbodesh dated 16.08.1971 marked as exhibit -108 and Daily Pakistan dated 16.08.1971 marked as exhibit-65 by which it has published that on 14.08.1971 on the occasion of 25th Azadi Day of Pakistan accused Ghulam Azam in a meeting at Karjon Hall stated that unity of Pakistan was in crisis and its sovereignty was being threatened by internal and external enemies who were supposed to elude to India if they did not realize the reality of Pakistan. He further urged all to destroy them in whole from the safety of handicapped the nation which amounts to incitement.

Count-15 Daily Azad, 16 August 1971 (copy of paper clipping)

173. Leaders address in Karzon Hall symposium: Whole-hearted call to face the enemies unitedly [Photo caption: Mr. Nurul Amin, Azam and Mr. Nawabjada Nasrullah Khan addressing the symposium]. Leaders expressed this strong view in a symposium held at Karzon Hall celebrating Azadi day. This programme was chaired by Mr. Nurul Amin, President of NDP. 105 Ghulam Azam 174. EPJI Ameer Prof. Ghulam Azam said that, Bengalee Muslims will get their rights one day if Pakistan exists. And Bengalee Muslims will not exist if Pakistan extinct. Those who do not understand this truth, they must be eradicated from the soil of East Pakistan. He also said that, never before I realized the importance of the Azadi Day, like today. It seems Pakistan has reborn. Prof. Ghulam Azam further said that Pakistan will not exist unless we keep our faith on the ideology on the basis of which Pakistan was created. Same news different heading Daily Purbodesh, 16 August 1971 (copy of paper clipping) ‘Won’t allow it to become a battleground’ Professor Ghulam Azam

175. The first speaker EPJI Ameer Prof. Ghulam Azam said, Pakistan has reborn in this year’s Azadi Day. Today those people who love Pakistan are celebrating the Azadi Day and those who do not love, are not participating, rather they are mentally dissatisfied.

176. Mr. Azam said, Pakistan is a special name among all the names of the world. 24 years ago there was no country in this name. This country is not named after any area, language or ethnic group. The word ‘Pakistan’ is an adjective one. When this country was created a great obligation was in mind. 106 If we cannot uphold the respect of this name, then there is a question regarding the existence of this country as well. And if this country fails, then it will be tough to live as Muslim. Mr. Ghulam Azam said, “We will fight to keep this country united and I emphasize that I will ensure all the demands of East Pakistan. We will assist fellow Bengalees to get out of all misunderstandings. If they do not understand then they do not have any right to live in this country. If they consider India as their friend then they should go there.” Daily Pakistan, 16 August 1971 (copy of paper clipping) Same news Ghulam Azam:

177. Prof. Ghulam Azam said that, .. But this time thousands of enemies are created within Pakistan. That’s why, this time the situation is grave. Because the enemies are created within are more dangerous than the ones outside.

178. Ghulam Azam sadly said, this 24 years treachery has been done towards the ideology of Pakistan. For that reason, enemies of Pakistan is in every house (ghore ghore) and they consider India, the born enemy of Pakistan, as their friend. He said emphasizing on establishing connections between the Army and the Peace Committee that, Peace Committee is playing a key role in securing the country from the separatists. The situation would have turned out differently, had Peace Committee did not 107 acknowledge the whole world that the people of East Pakistan wants to stay united with Pakistan. He said that it is the duty of the Army to secure the country. Therefore, Peace Committee should take the duty of creating awareness among the people. He also emphasized on the duty of finding enemies from each and every house.

179. It has also evident by Daily Azad dated 16.08.1971 marked as exhibit- 46, Daily Purbadesh dated 16.08.1971 marked as exhibit-108 and Daily Pakistan dated 16.08.1971 marked as exhibit -65 that on 14.08.1971 accused Ghulam Azam attended a meeting organized by Shanti Committee on the 25th Azadi Day of Pakistan at Curzon hall urging the audience to remove those who did not agree with his views from Pakistan territory. He further stated that Shanti committee was playing important role in protecting the nation from the hands of separatists and he further narrated that those who would not realize the idea as described, would lose the right to remain in the country. His speech instigated the persons who desired to have an independent country, were compelled to go in exile and many of them were killed by the followers of the accused.

Count-16 Daily Purbodesh, 18 August 1971 (copy of paper clipping) “Reply through war”, Ghulam Azam

180. Lahore, 17 August (APP). EPJI Ameer Prof. Ghulam Azam yesterday said that, India has imposed a war upon Pakistan and we must reply by war 108 as well. In a meeting with journalist after arriving here from Dhaka he said that, India is supplying arms and ammunitions to the miscreants of East Pakistan and sending armed intruders to divide Pakistan. Daily Pakistan, 18 August 1971 (copy of paper clipping) Ghulam Azam in Lahore: India in de facto war with Pakistan [In addition to above]

181. He said, as early as possible we must attack India and get hold of Asam. It has revealed by evidence of Daily Purbodesh dated 18.08.1971 under the caption 'The answer must be given through war' marked as exhibit - 109 and Daily Pakistan dated 18.08.1971 under the caption 'Gholam Azam in Lahore' that Ghulam Azam told the journalists at Lahore on arrival from Dhaka that since India was supplying arms and ammunition to the duscritikari and sending in insurgents for dividing Pakistan into two pieces ('India is helping the perpetrators with arms') for which there was only one path left to send a reply by the force of arms. By passing such comments he invited people of East Pakistan to destroy duscritikari who demonstrated to get independence of Bangladesh.

Count-17 Daily Pakistan , 28 August 1971 (copy of paper clipping) Jamaat Leaders in Lahore: The events of East Pakistan are the result of the conspiracy of India and its spies Lahore, 23 August 1971, (APP). .....

182. A reception was organized for the leaders of Jamaat-e-Islami who came here to attend the central council meeting. EPJI Ameer Prof. Ghulam Azam said in his speech that, Pakistan was created by dint of Islami strength. And this strength protected the country on 1965 and recently foiled the Indian conspiracy to divide the country. He said, if it weakens then the base of the country will be demoralized. He said, .... Islam loving people of East Pakistan is still sacrificing their lives for the unity of Pakistan. He said, those who do not consider Jamaat-e-Islami as a partiotic party, either they do not know or not brave enough to acknowledge that to uphold the ideology of Islam and to fight the separatists, lots of activists of EPJI had lost their lives in the hands of miscreants. He asked, who else was there to hold meetings in every nook and corner of the country in the face of threat and hooliganism of Awami League before the election and which party’s activists give their lives while protesting against the subversive slogans of Awami League?

183. Prosecution has placed Daily Pakistan dated 24.08.1971 which has been marked as exhibit-51. From which it appears that on 23.08.1971 in a conference at Lahore Airport accused Ghulam Azam told his party members proudly that Islam loving East Pakistanis were still sacrificing their lives to uphold the unity of Pakistan, no other party did it except Jammat-e-Islami. He further mentioned that his party members devoted their lives to destroy miscreants and antagonists of Pakistan.

Count-18 Daily Azad, 28 August, 1971 (copy of paper clipping) Prof. Ghulam Azam said in Pesowar: Practical steps to strengthen the main ideology of Pakistan were not taken.

184. Pesowar, 27 August. The Ameer of EPJI Prof. Ghulam Azam emphasized on strengthening Islami Ideology to ensure the unity between two parts of Pakistans. Yesterday evening in the local town hall in a meeting of activists of JI, Prof. Ghulam Azam said that currently regionalist slogans are chanted in East Pakistan instead of nationalistic slogans. The destructions committed by the miscreants cannot be compensated by slogans alone. He said that, to help the separatists of outlawed Awami League India is sending arms, ammunitions, explosives and intruders through different routes of East Pakistan, specially through Akhaura, Chuadanga, and Brahminbaria. Prof. Ghulam Azam said, at the beginning of Army’s action, all the miscreants and intruders fled away for their lives and the Army took total control of East Pakistan within one month from the date of their actions. Daily Purbodesh, 29 August 1971 (copy of paper clipping) [In addition to the same news]

185. He commented that the number of people died in the 25 days of noncooperation movement of Awami League is much higher than the number of people reported in the White Paper published by the Government. Daily Pakistan, 29 Aug., 1971 (copy of paper clipping) Same news as above Daily Sangram, 28 Aug. 1971 (copy of paper clipping) Same news

186. It has come into evidence by Daily Azad dated 28.08.1971 marked as exhibit-48, Daily Purbadesh dated 29.08.1971 marked as exhibit-112 and Daily Pakistan dated 29.08.1971 marked as exhibit -68 that on 26.08.1971 Ghulam Azam at a party meeting held at the town hall of Peshawar in West Pakistan remarked that the damages done by a group of miscreants, could not be regained by only chanting slogans. It meant by him that an effective measure should have been taken against the miscreants and subsequently it happened across the country committing genocide by his instigation.

Count-19 Daily Sangram, 06 September 1971 (copy of paper clipping) Leaders speech on Protirokkha Dibosh Ghulam Azam 

187. EPJI Ameer called everyone to keep their head high on ideologies of Pakistan and to be ready to make all sorts of sacrifice to fight against enemies, both internal and external. Daily Pakistan, 06 Sept. 1971(copy of paper clipping) In addition to the same news Prof. Ghulam Azam

188. In the APP news, it was reported that the Jamaat leader in his statement that paid respect to those who died while saving their country six years ago. It appears from exhibit -15, Daily Sangram dated 06.09.1971 and exhibit-71, Daily Pakistan dated 06.09.1971 that on the occasion of Defence Day of Pakistan on 05.09.1971, accused Ghulam Azam through a Message (bani) urged the people of Pakistan, members of Shanti Committee and auxiliary forces to stay in the ideals of Pakistan and to sacrifice their lives against any internal or external attacks by the miscreants.

Count No.20 Daily Sangram, 8 Sept. 1971, (copy of paper clipping) An interview of Prof. Golam Azam Question: What kind of situation did the activists of Jamaat-e-Islami have to face before and after 25 March? Answer: The separatists considered Jamaat as their enemy number one….. In spite of that Jamaat activists are bound to protect the country by getting admitted in Rezakar force, because they knew that there will be no place for Islam and Muslim in Bangladesh, Jamaat activists may die but cannot change…. Question: Your comments on the activities of communists and future and their impact in the future. Answer: …. The most important task at the moment is to free East Pakistan from the grip of those leaders who used to give slogans in support of socialism and presently diverted into fascism….

189. It has come into evidence by Daily Sangram dated 08.09.1971 marked as exhibit-16 that Ghulam Azam at a press conference with the journalists in the 1st week of 1971 told that workers of Jammat-e-Islam were compelled to join Rajakar bahini because they knew that there was no space for Islam and Muslims in Bangladesh. He further told that first and foremost duty of them to free East Pakistan from the hands of so called Ugro Jatiotabadi and leaders of Socialism. He incited members of auxiliary forces by attending many meetings throughout the country during the liberation war in 1971.

Count No.21 Fortnightly Report,1st Half of September 1971, (copy of paper clipping)

190. At the instance of ‘Shahid Mustafa Al-Madani Memorial Committee of Nizam-e-Islam(NI)’Shahid Mustafa Al-Madani Day’ was held on 10…in Dhaka and different districts of the province including Barishal, Chittagong, Jessore, Kushtia and Faridpur throw Fateha, Quran Khani as well discussion and public meetings. In this connection it may be mentioned that Maulana Saiyd Mustafa Al-Madani, a Vice-President… was shot dead by revels on 10.08.71 at Abdullahpur bazaar in Dhaka.

191. In observance of the ‘Day’ a public meeting (1500) was held infront of Baitul Makarram, Dhaka with Moulana Siddiq Ahmed, President, J.U.I.N.I in the chair. Prof. Ghulam Azam, Ameer, EPJI, besides others, addressed the meeting eulogizing the sacrifice of Maulana Al-Madani in the case of Islam. Resolutions were adopted condemning the killing of the Maulana and branding the supporters of rebels as enemies of Islam.

192. It has emerged from the secret report No. 15/1971 para 18 made in the month of September, 1971 by Special Branch East Pakistan, Dhaka marked as exhibit-489 that on 10.09.1971 on the occasion of Mustafa Al-Madiani Day at Baitul-mukarram accused Ghulam Azam addressed the meeting eulogizing the sacrifice of maulana al- madani for the cause of Islam and at his instance resolutions were adopted condemning the killing of maulana and branding the supporters of rebels as enemies of Islam. Such remarks made by accused incited the people to go against the persons who had sided with the independence of Bangladesh. Count-22 Daily Sangram, 12-09-1971 (copy of paper clipping)

193. Prof. Ghulam Azam said that, presently when there are endeavours to forget the father of the nation, in this situation it is great to see that Islami Chatra Sangha has organized a exhibition on life and work of the father of the nation. He said, we need fresh teams of activists who will save this country as they did during the time of movement for Pakistan. Indicating towards the workforce of ICS, he expected that one day these forces will permanently establish Pakistan once and for all.

194. Daily Sangram dated 12.09.1971 marked as exhibit-18 published that on 11.09.1971 at a program organized by the Dhaka City Unit of Islami Chattra Sangha at Curzon hall, accused Ghulam Azam expressed the need of new workers to protect Pakistan and by fingering at members of Chattra Sangha he told to establish the ideology of Quaide-Azam in Pakistan forever. Expressing by such excitement he instigated his followers in committing crimes against humanity.

Count No.23 Daily Sangram, 18 Sept. 1971, (copy of paper clipping) Prof. Ghulam Azam in Razakar Camp

195. Those who-heartedly believe in Muslim nationalism, they alone can sacrifice their lives for the hefajat of Pakistan and the miscreants through their misdeeds have certified that the pure Muslims are valuable assets for the Country.Yesterday, Friday, while addressing the Razakars, EPJI Ameer, Prof. Ghulam Azam said those above words. He was addressing in the Physical Academy Centre in Mohammadpur where the Razakars were receiving their training. Prof.Ghulam Azam said, Alem and the activists of 116 Islami movement would not have had armed training by getting employed in Rajakar, Mujahid and Police for their self-defence if widespread attacks were not committed upon them. Present situation has forced the administration to feel the importance of the religious (dindar) people and they have felt that, these religious and God fearing people are the faithful and reliable ones for the service of the nation.

196. It has emerged from the evidence of exhibit -19, Daily Sangram dated 18.09.1971 that on 17.09.1971 Ghulam Azam visited Mohammadpur Physical Institution Training Centre of Rajakars stating that this institution was not only a Rajakars training ground but also a name that spread terror in people’s mind in 1971. In reality this centre was a torture and killing ground. Countless victims were killed and tortured therein. Accused paid a visit to the training centre of Rajakars to inspire them for taking revenge upon the supporters of independence of Bangladesh.

Count No.24 Daily Sangram, 26,Sept, 1971 (copy of paper clipping)

197. Prof. Gholam Azam Addresses in Reception Establishing Islami Principles and service should be the duty of the Ministers. In the meeting Chief of EPJI Prof. Gholam Azam gave a short speech on why an ideological party like Jamat-e-Islami leaders joined such a Ministerial body where none of the members are elected by the people.He said that the Pakistanis those who lost their lives due to the present turmoils and 117 destructive activities of the miscreants most of them belonged to Jamaat-e- Islami. Pakistan Jamaat-e-Islami considers Islam and Pakistan are one and indivisible. Pakistan is the house of Islam of the world. Therefore, Jamaat supporters do not consider to live in the world if Pakistan does not exist. Jamat Chief said that’s why the Jamat supporters are sacrificing their lives to protect the existence and unity of Pakistan. They are working to establish peace and security in the country. They are working through the peace committee and by other means to establish the sense of stability and security in the mind of the grneral people and hence, with the same purpose in mind, jamaat has forced two of its senior leaders to take the post of Ministers. Same in: Bangladeshi Sadhinotar Juddho-Dalilpotro 7th vol.p.688-689

198. It appears from exhibit-22, Daily Sangram dated 26.09.1971 that on 25.09.1971 during a meeting organized by the Dhaka City Unit of Jammat-e- Islami at a local hotel in Dhaka, accused Ghulam Azam in presence of two ministers namely Abbas Ali Khan and Maulana A. K. M. Yousuf, expressed his view that Jammat-e-Islami considered Pakistan and Islam were corelated to each other. He also blamed on duskritikaris for their ongoing destructive activities across the country. Treating the loving people of independence of Bangladesh as Duskritikari he incited his followers to attack them to destroy in whole or in part. Count No.25 Fortnightly Report 1st half of October, 1971

199. A three day conference (40) of the Majlish-e-Sure of East Pakistan Jamat-e-Islami (EPJI) was held from 03.10.71at the party office at Nakhalpara, Dhaka with the Provincial Ameer Prof. Ghulam Azam in the chair. In his inaugural speech Prof. Ghulam Azam urged audience to come forward to defend Pakistan and her ideology. He said, the political leaders, who were at the helm of affairs in the party responsible for the present critical condition of the country.The conference decided that the party would participate in ensuing bye-elections and formed a five-man committee with Prof. Ghulam Azam and Maulana Safiullah as its Chairman and Secretary respectively to consider nomination of party candidates.

200. Resolutions, inter alia, were adopted demanding a federal Constitution based on the Holy Quran and the Sunnah and within Legal Framework Order, removal of disparity in all spheres including Central and Defence services within a specified period of time, spending of foreign earnings of the provinces by themselves, particularly by East Pakistan till disparity was removed, introduction of separate electronic system full regional autonomy as envisaged by 8-point programme of PDM (now defunct) and justiciability of fundamental right. In another resolution, it demanded introduction of system of education based on Islamic ideology for the upliftment of the moral values of the younger generation. Same news different newspapers: Daily Sangram, 04 Oct.1971, Ex.23 Inauguration of Majlish-e-Sura fo EPJI All sorts of sacrifices have to be made for Pakistan: Ghulam Azam

201. Provincial Minister of Education Mr. Abbas Ali Khan and Minister of Taxes and Revenue Mawlana A.K.M Yusuf were attending the meeting as well. Provincial Ameer Ghulam Azam said in his inaugural speech that, selfdefence and defending the country and ideology have become synonymous today….Prof. Azam said, this belief is the main driving force behind the participation of Jamaat activists and supporters in their attempt to defend the country. Daily Ittefaq, 05 Oct.1971, Ex.86 (copy of paper clipping) Proposal of the Majlish-e-Sura of EPJI

202. It is reported in news of P.P.I.: the EPJI Ameer in the EPJI Majlish-e- Sura said in his inauguration speech that everyone should be prepared to make ultimate sacrifice for defending the most pure land, Pakistan. He said, God forbid, if we fail to defend the country then we will not be able to protect our existence and our belief……..

203. It has come into evidence by fortnightly secret report No. 17/1971, para-8 on political situation in the 1st half of October, 1971 by Special Branch, East Pakistan marked as exhibit-491, Daily Sangram dated 04.10.1971 marked as exhibit-23 and Daily Ittefeq dated 05.10.1971 marked 120 as exhibit-86 that on 03.10.1971 accused Ghulam Azam at a meeting of Majlis-e-Sura of the Jammat-e-Islam at Dhaka by using religious sentiment addressed the party activists and followers to prepare themselves for highest possible sacrifice to protect Pakistan from the persons who had sided with the independence of Bangladesh and further expressed that protecting Pakistan was a holy responsibility that would bear in mind of them. The nature of such call made by accused invited his followers to select men and women, a group of people for killing or forcing them out of the country which was started by Pakistani Army since 25th March, 1971. On that day at night many bangalees, hindus, democratic and progressive political activists and various professionals were killed by Pakistani janata. Such heinous crimes had been appreciated by subsequent conduct of the accused. Such urging by the accused to his followers subsequently made a mass-killing upon the innocent people including intellectuals up to 16th December, 1971. Particularly on 14th December, 1971 the followers of accused by such instigation forcibly took away many intellectuals from their houses in the dark night and killed them.

Count No.26 Daily Sangram, 24.11.1971.(copy of paper clipping) We have to be offensive to be defensive: Ghulam Azam

204. Lahore, 23 November (APP. EPJI Ameer Prof. Ghulam Azam said, defensive war policy will only incite and encourage the enemy. He made this 121 comment in a meeting with journalists after arriving at Lahore to attend a meeting of the Executive body of JI. Prof. Ghulam Azam said, the best war policy is to defend, at this moment, would be to take offensive role. He said if Pakistan wants to exist as a dignified country in the world then it must play an offensive role. JI leader said, subversive activities are still taking place in East Pakistan which might cause disturbance to hold fresh elections. Prof. Ghulam Azam urged for latest and automatic armouries for all patriots, members of the Peace Committees and the Razakars for keeping the peace in East Pakistan.

205. It has been disclosed by exhibit 28, Daily Sangram dated 24.11.1971 that on 23.11.1971 after reaching Lahore accused Ghulam Azam addressed a meeting organized by Central Executive Committee of Pakistan Jammat-e- Islami stating that for Pakistan to exist as a nation with honour, there was no other path except to take up an aggressive position and urged patriotic citizen, members of Shanti Committee and Rajakar bahini to be equipped with modern automatic arms so that they could be able to engage themselves in keeping peace throughout the country.

Count No.27 Daily Sangram, 26 Nov.1971 (copy of paper clipping)
206. Ghulam Azam’s call to the President: Start attacking India from West Pakistan Lahore, 25 Nov. (APP). EPJI Ameer Prof. Ghulam Azam called to the President Yahya Khan to start counter attack on India from West 122 Pakistan. He emphasized that, Pakistan must not be satisfied by defending alone, it must start counter- attack with similar degree to force. India will consider Pakistan as weak and coward if counter-attack is not started. While speaking about the law and order situation of Eastern zone, he said, activities of the miscreants were significantly reduced after the military action taken in the last month, however, recently they are rising again. Prof. Azm said, Ayub government had tolerated the destructive and subversive activities of both Mujib and Vasani, and the outcome is in front of us. Same news different heading Daily Ittefaq,26 Nov.1971 (copy of paper clipping) From Pakistan: Suggestion to start counter-attack on India. 207. It has revealed from Daily Sangram dated 26.11.1971 marked as exhibit -28 that on 24.11.1971 accused Ghulam Azam addressed a meeting to honor the members of Central Working Committee of Jammat-e-Islami at a hotel in Lahore, urging president Yahya Khan to remain intact Pakistan by way of counter attack. If the attack was not carried out then the enemies would get the opportunity to slowly achieve their ulterior motive of dividing Pakistan into many pieces. By inviting such calling to attack on India accused provoked the people including Pakistan army to commit crimes against humanity.

Count No.28 Daily Ittefaq, 02 Dec.1971 (copy of paper clipping) A true call to hold fresh election Rawalpindi, 1 Dec. (APP).

208. After a 70-mintues long meeting with the President, EPJI Ameer Prof. Ghulam Azam said in a press conference that during that meeting he suggested to the President that presently main duty is to eradicate all injustices and to earn the confidence of the people of East Pakistan. President’s reaction was encouraging, he said.Terming the so-called ‘muktibahini’ as enemy force, he said Razakars are enough to take care of them. In this regard he urged to increase the number of razakars.

209. During recording of evidence prosecution has placed a copy of Daily Ittefeq dated 02.12.1971 which has been marked as exhibit -97 by which it was reported that on 01.12.1971 accused Ghulam Azam held a meeting with Yahiya Khan, the then president of East Pakistan for a long seventy minutes. After holding such meeting he told the press in an interview that he had reiterated to the president the need of increasing members of Rajakar bahini to vanish freedom fighters being enemies of Pakistan. He further expected to assist the armed forces by people of Pakistan for facing the crisis in East Pakistan.

Evaluation of evidence and findings. 
The Prosecution has mainly relied upon documentary evidence and contextual circumstances to prove charge No. 3 incitement.

210. It is undeniable that accused Professor Ghulam Azam was the Ameer (Head) of East Pakistan Jamaat-e-Islami and an influential member of Central Peace Committee during war of Liberation of Bangladesh in 1971. It is also undeniable that during war of Liberation of Bangladesh accused Professor Ghulam Azam met military rulers of Pakistan in many occasions and made statements and speeches in public. Let us examine whether speeches of the accused amount to incitement to commit genocide or any other crimes specified in section 3(2) of the Act.

211. It appears from the “Daily Sangram” dated 19.07.1971(Ext.9) quoted in Count No.10, that the accused delivered a direct and public speech addressing a gathering of people to the effect that Hindus are always enemies of Muslims and there is no evidence to show that the Hindus are friends of Muslims. The above hateful speech made by the accused manifestly demonstrates that he expressed hatred and communal feeling towards Hindu Community with intent to destroy or deport this religious group from this country. The history of this subcontinent is the best evidence to show that the people belonging to Hindu and Muslims are living together peacefully by maintaining friendly relation to each other for more than last one thousand years.

212. Accused Ghulam Azam delivered speech on 16 August 1971 quoted in count no. 15 (Ext.46) at Karzon Hall to the effect that Bangalee Muslims will not exist if Pakistan extinct. “Those who do not understand this truth, they must be eradicated from the soil of East Pakistan.” The above statement 125 of the accused is the direct instruction to his followers in public to annihilate the pro-liberation people who have been termed as “those who do not understand the truth”. The above statement amounts to clear incitement to commit crimes against humanity and genocide.

213. Accused Professor Ghulam Azam as Ameer of East Pakistan Jamaate- Islami made a comment in a meeting with journalists on 23.11.1971 at Lahore (Ext. no. 28) urging upon the government to supply latest automatic weapons to all patriots, members of Peace Committee and Razakars for keeping peace in East Pakistan.

214. The above statement given by the accused before media persons prominently indicates that the accused urged the government to supply automatic arms to his subordinates namely members of peace committee and Razakars with intent to destroy Bangalee nation i.e. pro-liberation people of Bangladesh. This statement before media persons made by the accused is found to be direct and in public instigating his subordinates to wipe out Bangalee people by using the alleged automatic weapons. The above statement published in a daily newspaper (Ext. 28) amounts to clear incitement to commit crimes against humanity and genocide.

215. Accused Professor Ghulam Azam, the Ameer of East Pakistan Jamaat-e-Islami held a meeting with the President of Pakistan, which was published in the “Daily Ittefaq” on 2 December 1971. Terming the alleged Mukti Bahini as enemy force, the accused said that Razakars are enough to 126 counter with the so-called freedom fighters. In this regard, he urged to increase the number of Razakars. The above statement of the accused significantly inspired the Razakars to counter with the pro-liberation people. To hold meeting with the head of the state sufficiently implies the superior status of the accused who also urged the president of Pakistan to increase number of Razakars to combat against Liberation struggle of Bangladesh. The above statement amounts to a clear incitement to commit crimes against humanity and genocide during War of Liberation by his subordinate para militia Bahinis. Since incitement to commit genocide is an inchoate offence, the accused is found guilty to the crime of incitement under international law as specified in section 3(2)(f) of the Act.

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