Ghulam Azam Judgement, Part 4: Complicity

This is the fourth part of the judgment given by the tribunal on the trial of Ghulam Azam. This part deals with the charges of complicity to crimes against humanity/genocide. [Please note that some Bangla text is not included but will be added when translated. It is indicated by XXX]

To see part one - dealing with introductory issues
To see part two - dealing with charges relating to conspiracy and planning
To see part three - dealing with charge relating to incitement

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

XIX. Adjudication of Charge No. 04 [Complicity in commission of the crimes specified in section 3(2) of the Act, 1973]

Summary Charge no. 04: Accused Prof. Ghulam Azam, by his acts and commissions, he was involved in commission of the crimes specified in section 3(2) of the Act and as a result of which crimes mentioned in section 3(2) of the Act were committed in all –over Bangladesh, and , therefore, the accused is charged under section 3(2) (h) read with section 4(1) and 4(2) of the Act for commission of the crime of complicity in commissioning the  crimes specified in section 3(2) of the Act, which is punishable under section 20(2) of the Act.

216. In charge no.4, the allegation brought against accused Prof. Ghulam Azam is that during Liberation War, 1971, he was involved in the commission of the crimes e.g. genocide, crimes against humanity, etc. as specified in section 3(2) of the Act, and as a result of those crimes mentioned in section 3(2) of the Act were committed in all over Bangladesh. But the offence ‘Complicity’ is not defined in the said Act. In USLEGAL, a Free Legal Dictionary (US legal. com), the crime ‘Complicity’ is defined as follows: Complicity in criminal law refers to when someone is legally accountable, or liable for a criminal offense, based upon the behaviour of another. Criminal complicity may arise in the following situations: With the intent to promote or assist the commission of the offense: (i) a person procures , induces or causes such other person to commit the offense; or (ii) a person aids or abets such other person in committing the offense; or (iii) having a legal duty to prevent the commission of the offense, a person fails to make an effort he is legally required to make. Common Law

217. At common law criminal actors were classified as principals and/or accessories. Principals were persons who were present at the scene of the crime and participated in its commission. Accessories were persons who were not present during the commission of the crime but who aided, counseled, procured, commanded, encouraged or protected the principals before or after the crime was committed. Complicity by aiding or abetting implies a positive action which excludes, in principle, complicity by failure to act or omission. Procuring means is a very common form of complicity. It covers those persons who procured weapons, instruments or any other means to be used in the commission of an offence, with the full knowledge that they would be used for such purposes.

218. Elements of complicity in Genocide, thus: (i) complicity by procuring means, such as weapons, instruments or any other means, used to commit genocide, with the accomplice knowing that such means would be used for such a purpose; (ii) complicity by knowingly aiding or abetting a perpetrator of a genocide in the planning or enabling acts thereof; (iii) complicity by instigation, for which a person is liable who, though not directly participating in the crime of genocide crime, gave instructions to commit genocide, through gifts, promises, threats, abuse of authority or power, machinations or culpable artifice, or who directly incited to commit genocide.

219. The intent or mental element of complicity implies in general that, at the moment he acted, the accomplice knew of the assistance he was providing in the commission of the principal offence. In other words, the accomplice must have acted knowingly. Since Eichmann raised the argument in his defence that he was a “ small cog” in the Nazi machine, both the District Court and the Supreme court dealt with accomplice liability and found that- “...... even a small cog, even an insignificant operator, is under our criminal law liable to be regarded as an accomplice in the commission of an offence, in which case he will be dealt with as if he were the actual murderer or destroyer.”

220. Considering all the aspects and views mentioned above, it appears that complicity is a doctrine that operates to hold persons criminally responsible for the acts of others. Complicity encompasses accessorial and conspiratorial liability. Accessorial liability is frequently referred to as accomplice liability. An accomplice is a person who helps another person to commit a crime, accomplice liability involves primary actors who actually participates in the commission of the crime and secondary actors who aid and encourage the primary actors. The aid can be either physical or psychological. The secondary actors are called accomplices. There are twenty three counts under charge no. 04 which are discussed as below:-

Count No. i: On 04.04.1971, accused Prof. Ghulam Azam was part of a 12- member team consisting of Nurul Amin, Moulavi Farid Ahmed, Khawaja Khayeruddin, A.K.M. Shafiqul Islam, Maulana Nuruzzaman, Hamidul Haque Chowdhury, Mohsinuddin Ahmed, Advocate A.T. Sadi and others met Lt. General Tikka Khan, the then Chief Martial Law Administrator of the “Kha” Zone of occupied Bangladesh at the Governor House of Dhaka. That meeting was held at the time when a large scale genocide had already been committed through ‘Operation Search Light’ by the Pakistani Army. The presence of the accused in that meeting not only demonstrates his acquiescence to all the crimes committed throughout the country from March 25 to April 4, but his assurance of co-operation to the Pakistani Army demonstrate his complicity in the all subsequent atrocities committed in Bangladesh.

Discussion of Evidence
221. P.W.1 Moontassir Uddin Khan Mamun alias Moontassir Mamun has stated that in the first week of April, accused Prof. Ghulam Azam along with other political leaders met Lt. General Tikka Khan when Pakistani Army used to commit killing, looting, rape every day in different areas of Bangladesh. P.W. 2 Mahabub Uddin Ahmed, Bir Bikrom has stated that in the first part of April, accused Prof. Ghulam Azam along with other political leaders having met Lt. General Tikka Khan, supported the ‘Operation Search Light’, conducted by Pakistani Army since 25th March. P.W. 16 Md. Motiur Rahman (I.O.) has testified that in the night following 25th March, 1971, Pakistani Army, with modern weapons, started committing crimes against humanity, genocide and other crimes on the unarmed bangalees in the name of ‘Operation Search Light’ and in that situation accused Prof. Ghulam Azam along with 12 others having met Lt. General Tikka Khan at the then Governor House, supported those atrocities and assured him that they would co-operate with the Pakistani Army. D.W. 1 Abdullahil Amaan Azmi, the son of accused Prof. Ghulam Azam, has stated in cross-examination that he came to know that on 4th April, 1971, his father met the Military Authority of Pakistan.

222. Ext. 33 is a copy of a newspaper clipping of ‘‘The Daily Azad’ dated 05-04-1971 wherein it is stated under the caption ‘Tikka Khan Meets The Leaders’ as follows: “in tonight's news of radio Pakistan, it has been told that, Mr. Nurul Amin, Khaja Khayer Uddin, Mr. Golam Azam, Mr. Shafikul Islam and Mawlana Nuruzzaman met Lieutenant General Tikka Khan, Martial Law Administrator, ‘Kha’ zone in Dhaka today.”

223. Ext. 34 is a copy of a newspaper clipping of XXX, ‘Lieutenant General Tikka Khan meets the leaders’ as under: "A press release published by the martial law authority informs that, on last Sunday afternoon, a representative team of 12 leaders led by Nurul Amin, met Lieutenant General Tikka Khan, Martial Law Administrator, ‘Kha’ zone. Beside Mr. Nurul Amin, Mr. Golam Azam, Mr. Shafikul Islam and Mawlana Nuruzzaman and Moulavi Farid Ahmed were also in that representative team. The team of the leaders proposed the Martial Law administrator to form a citizen committee in Dhaka in order to bring back the normal situation of the province and to remove unnecessary fear of people. They gave their full assurance to assist the Martial Law administrator to bring the normal situation back in the province. They expressed their deep frustration regarding India's interference in Pakistan's internal matter and their baseless propaganda."

224. Ext 99 is a copy of a newspaper clipping of 'The Daily Purbodesh' dated 06-04-1971 wherein it is reported that Nurul Amin, the then Chief of PDP and a member of the National Assembly in a radio speech stated that India having sent their armed citizens to East Pakistan incited the insurgency prevailing in that province and thereby they proved again that they used to show a little respect to the independence of other countries. India having interfered in the internal affairs of other country set up a bad example of violation of international customs. Nurul Amin warned India about the dire consequences of their said activities.

225. On perusal of Ext. 33 and Ext. 34 it appears that Nurul Amin, Khawaja Khayeruddin, accused Prof. Ghulam Azam, Shafiqul Islam, Maulana Nuruzzaman, Moulavi Farid Ahmed and some others on 04-04- 1971 met Lt. General Tikka Khan, the then Martial Law Administrator of ‘Kha’ Zone at Dhaka and, in that meeting they placed a proposal to him to form an organization named ‘Nagorik Committee’ in order to support the Pakistan Occupation Forces. The said meeting was held at such a time i.e. on 04-04-1971 when he had the knowledge that a large scale atrocities had already been committed by Pakistani Army through ‘Operation Search Light’ on March 25 and afterwards. In that meeting, accused Prof. Ghulam Azam and others assured Lt. General Tikka Khan, the then Martial Law Administrator of ‘Kha’ Zone of East Pakistan to co-operate him fully.

Count No. ii: On 06-04-1971, as Ameer of Jamaat-e-Islami, accused Prof. Ghulam Azam held an one to one meeting with Lt. General Tikka Khan, the then Chief Martial Law Administrator of ‘Kha’ Zone and extended assurance of full co-operation with the goal to bring back normalcy in the country. In the meeting, the accused expressed concern over the inteference of the internal affairs of Pakistan and the armed intruders in Pakistan. The accused assured that the patriotic citizens of the country would assist the Pakistani army to frustrate the on going conspiracy made by intruders which indicates his complicity in all above-mentioned crimes committed in Bangladesh.

Discussion of Evidence
226. P.W. 1 Moontassir Uddin Khan Mamun alias Moontassir Mamun has stated that after March, 1971, mainly Jamaat-e-Islami, different groups of Muslim League, PDP and sections of some other political parties supported the then central government of Pakistan and, accused Prof. Ghulam Azam as the then Ameer of Jamaat-e-Islami played the most important role to assist the Pakistani Army. He has also stated that in the first part of April, accused Prof. Ghulam Azam met Lt. General Tikka Khan twice and thereafter he met Yahya Khan, the then President of Pakistan and he also met the political leaders of Pakistan who supported the commission of genocide. P.W.2 Mahabub Uddin Ahmed, Bir Bikrom has stated that in the first part of April, accused Prof. Ghulam Azam and some other political leaders having met Lt. General Tikka Khan supported the ‘Operation Search Light’. P.W. 3 Sultana Kamal has testified that accused Prof. Ghulam Azam used to meet frequently Lt. General Tikka Khan and the leaders of Pakistani Army and discussed with them how to save the unity of Pakistan.

227. Ext. 35 is a copy of a newspaper clipping of The Daily Azad dated 07-04-1971 wherein it is reported under the caption ‘Few more leaders expressed their full assurance to assist the Martial Law administrator to bring the normal situation back in the province.’
 that on 06-04-1971, some political leaders of East Pakistan separately having met the Chief Martial Law Administrator of the ‘Kha’ Zone assured him to co-operate with them fully to bring back normalcy in the country. They also expressed concern over the unwanted interference of India about the internal affairs of Pakistan and sending armed infiltrators in the country. They assured that the patriotic citizens of the country would assist the Pakistani Army to frustrate the Indian conspiracy.

228. Ext. 53 is a copy of a newspaper clipping of The Daily Pakistan dated 07-04-1971 and Ext. 100 is a copy of a newspaper clipping of the Daily Purbodesh dated 07-04-1971 wherein similar news reports are published as reported in Ext. 35.

229. On perusal of Exts. 35, 53 and 100 it appears that accused Prof. Ghulam Azam on 06-04-1971 met the then Chief Martial Law Administrator of the ‘Kha’ Zone and assured him to co-operate with them fully to bring back normalcy in the country. It has already appeared from evidence that Pakistani Army in collaboration with Rajakar, Al-Badr, Al-Shams, etc. Bahinis committed atrocities in the country during the Liberation War, 1971.

Count No. iii: On 09.04.1971, the Central Peace Committee was expanded to a 140-member body headed by khawaja khayeruddin as its convener while accused Prof. Ghulam Azam held the third position in that committee. The constitution and control of the local Peace Committees at the Union, Moholla levels was vested in the said Central Peace Committee. The goal of the Peace Committees was to assist the Pakistan occupation forces to attack on civilian people of Bangladesh. As a leader of Peace Committee the accused was involved in the commission of above mentioned crimes.

Discussion of Evidence:
The copies of Newspaper clipping of the ‘‰`wbK AvRv`’ dated 11.4.1971 (Ext. No. 37) and newspaper clipping of the ‘‰`wbK c~e©‡`k’ dated 11.4.1971 (Ext. No. 101) bear the same news.

230. According to Exts. 37 and 101 as stated above, on 09-04-1971, in a meeting held at Dhaka, a Peace Committee was formed consisting of 140 members and Khawaja Khayeruddin was nominated as the Convener of the Committee and accused Prof. Ghulam Azam held the third position in the Committee and, in that meeting the accused and others were present and, at the time of forming the said Committee, it was also decided to form Peace Committees in various areas of Cities, Unions and Mohallas.

Count No. iv : With the intent to conduct its criminal activities more efficiently and extending the organizational activities throughout the country, on 15-04-1971, the name of the ‘Nagorik Shanti Committee’ was changed to ‘Central Peace Committee’. A 21-member Executive Committee was also formed, of which accused Prof. Ghulam Azam held third position. A decision was taken to form units at the district and sub-division levels to execute the plans of the Committee. Accused Prof. Ghulam Azam was one of the main leaders of the Executive Committee of the said Central Peace Committee and since the objective of the Peace Committee was to assist the Pakistani Army to commit crimes and since the Committee itself played a role in the execution of the plan to commit crimes, his complicity in all the above mentioned crimes committed are clearly demonstrated.

Discussion of Evidence :
231. P.W. 1 Moontassir Uddin Khan Mamun alias Moontas sir Mamun has stated that the Peace Committee was spread over from the centre to grassroot levels and the Peace Committee showing paths took the Pakistani Army to different places, killed or assisted to kill, raped Bengali women or assisted to rape them and plundered the valuables, particularly, of the workers of Awami League and Hindu Community and, accused Prof. Ghulam Azam was the key man of the Peace Committee who instigated and inspired Pakistani Army. P.W.2 Mahabub Uddin Ahmed, Bir Bikrom has stated that Peace Committee, Al-Badr, Al-Shams and Rajakar Bahinis along with Pakistani Army committed genocide, killing, rape, arson, looting, etc. in different places of the country and under the leadership of accused Prof. Ghulam Azam those offences were committed. P.W.3 Sultana Kamal has stated in cross-examination that accused Prof. Ghulam Azam had the most important role in forming Rajakar, Al-Badr and Al-Shams Bahinis along with the Peace Committee. P.W. 16 Md. Motiur Rahman (I.O.) has stated that accused Prof. Ghulam Azam was the mastermind of all the criminal activities committed and he was the key man of the Peace Committee and Rajakar, Al-Badr and Al-Shams Bahinis.

232. Ext. 59 is a copy of a newspaper clipping of Daily Pakistan dated 22-04-1971 wherein it is reported that in a meeting of the Executive Committee of the Central Peace Committee, presided over by its Convener Sayed Khawaja Khayeruddin, a Sub-Committee was formed consisting of 6  members including accused Prof. Ghulam Azam, to monitor the day to day activities of the said Executive Committee. The news report is quoted below:  "A Sub Committee has been formed to participate in the daily activities of the Working committee of the Central Peace Committee with the following members:
1. Mr. AQM Shafikul Islam; 2. Mr. Golam Azam; 3. Mr. AR Khoddor; 4. Mr. ASM Solayman; 5. Mr. Abdul Motin; 6. Mr. SK Khoyer Uddin ...”

233. Considering all the oral and documentary evidence as discussed above, it is crystal crear that during Liberation War, 1971, accused Prof. Ghulam Azam was a member of the 140-member Central Peace Committee. Besides, he was a member of the 21-member Executive Committee of the Central Peace Committee and he was also a member of the 6-member Sub- Committee of the said Executive Committee and, as such, it appears that the accused having superior status had an important role in those committees to implement its mission through his subordinates.

Count No. v : Accused Prof. Ghulam Azam met with Jamaat-e-Islami leaders at Jessore, Khulna and Dhaka’s Mirpur, Lalbagh, Chawk, Lalmatia and Thataribazar as part of his tour of various parts of Bangladesh during which he took part in a series of meetings and gave speeches. During such meetings, the accused and other leaders of Jamaat-e-Islami praised the Pakistani Army and stated that the Army had served the country at a moment of crisis. The accused also expressed satisfaction stating that the local people of the then East Pakistan had also assisted the Pakistani Army. Such praising of the Pakistani Army indicates his complicity in the above mentioned crimes committed throughout the country by the Pakistani Army in the guise of protecting the country from the so-called ‘shongkot’.

Discussion of Evidence :
234. Ext. 169 is a copy of a newspaper clipping of ‘The Daily Paygam’ dated 22-05-1971 wherein it is stated under the caption 'Jamayat Leader call for action after finishing a visit to the province” that at the time of visiting East Pakistan, the leaders of Jamaat-e-Islami urged upon the people to save the country from the destructive activities of the banned Awami League and its Indian associates. Chowdhury Rahmat Elahi, Secretary General of Jamaat-e-Islami and Major (Rtd.) Golam Mostofa visited Jessore, Khulna and Chittagong. Another leader of Jamaat-e-Islami, Major General (Rtd.) Omraw Khan visited different areas of Dhaka city who inspired the people to assist the government. Above mentioned Chowdhury Rahmat Elahi met the people of different levels at Jessore and Khulna where he expressed his satisfaction for the co-operation extended by the people to the Pakistani Army. In a public meeting held at the Mohammadpur Town Hall, organised by the Central Peace Committee, Major General (Rtd.) Omraw Khan in his speech urged upon the patriotic people to discharge their duties to save the country from the destructive activities of the Indian associates. He having praised the Pakistani Army stated that they had saved the country. Prior to that meeting, Major General (Rtd.) Omraw Khan delivered speeches in different meetings, organised by the Peace Committee, held at Mirpur, Lalbagh, Chawk, Lalmatia and Thataribazar where Khawaja Khayeruddin, Abul Kashem, Prof. Ghulam Azam, Major Afsaruddin, Dewan Orasat Ali were present.

Count No. vi : On 18-06-1971, while addressing journalists at the Lahore airport, accused Prof. Ghulam Azam extended his support towards the nationwide criminal activities and illegal occupation of the Pakistani Army by rejecting the possibility of transferring power to the elected representatives for the sake of bringing an end to the crisis. The accused stated that the true representatives who were unanimously elected had been declared illegal, a declaration which in fact been made on behalf of the occupying Pakistan Army. The accused also informed journalists that he would be informing President Yahya Khan at Rawalpindi of possible steps that could be taken to improve ‘unnayan’ the situation of East Pakistan, which is essence indicates his close proximity to the ongoing incidents in Bangladesh. By expressing his support towards the illegally occupying Pakistani Army, accused Prof. Ghulam Azam termed the whole population supporting the independence of Bangladesh as ‘dushkritikari’ (miscreant) and their legitimate demands as destructive ‘dhongshattok kaj hishebey’. The accused also demanded that so-called ‘Prokrito’ miscreants be apprehended (‘pakrao’) during the effort to contain the ongoing situation. The promise the accused made committing himself and the auxiliary forces under his control to offer full assistance to the Pakistani Army indicates complicity in the above-mentioned crimes committed throughout the country by the Pakistani Army and the auxiliary forces.

Discussion of Evidence :
235. Ext. 3 is a copy of a newspaper clipping of Daily Sangram, dated 19-06-1971 wherein it is reported under the caption “Prof. Golam Azam at Lahor Airport: It’s not the proper time yet to handover the power” that accused Prof. Ghulam Azam, Ameer of East Pakistan Jamaat-e-Istami, having opposed the demand of transferring power, told journalists at the Lahore airport that the time did not come for transferring power. The accused informed journalists that he would inform President Yahya Khan at Rawalpindi for taking possible steps so that the situation of East Pakistan could be improved. About the situation of Pakistan, the accused stated that the miscreants were still involved with their destructive activities. The law enforcing egencies should ask for cooperation from the people as most of them were patriots. Accused Prof. Ghulam Azam also stated to journalists that the situation prevailing could only be checked if the actual miscreants were apprehended.

236. Similar news as mentioned above (Ext. 3) is also reported in Ext. 42, a copy of a newspaper clipping of The daily Azad dated 19-06-1971, under the caption ‘“Prof. Golam Azam at Airport: It’s not the proper time yet to handover the power”, in Ext. 61, a copy of a newspaper clipping of The daily Pakistan dated 19-06-1971, under the caption ‘“Prof. Golam Azam in Lahor: It’s not the proper time yet to handover the power”, in Ext. 77, copy of a newspaper clipping of the Daily Ittefaq’ dated 19-06-1971, under the caption ‘It’s not the proper time yet to handover the power: Prof. Golam Azam”and in Ext. 106, a copy of a newspaper clipping of The Daily Purbodesh dated 19-06-1971, under the caption Prof. Golam Azam says: It’s not the proper time yet to handover the power.

237. From the statements made by the accused as mentioned in the newspapers, Ext. 3 Ext. 42, Ext. 61, Ext. 77 and Ext.106, it is clear like mountains water that the accused was the defacto administrator of East Pakistan at the War time, otherwise he could not say like an authority that proper time not attained for transferring power to party (Awami League). The accused further disclosed to the journalists that he would make proposal to the President about the situation of East Pakistan and the prevailing situation could be cheked if actual miscreants (freedom loving people) were apprehended.

238. These statements clearly imply that the accused extended all moral and psychological supports to the atrocities committed by occupation army and their local collaborators in all over Bangladesh.

Count No. vii: During accused Prof. Ghulam Azam’s exchange with journalists on 19.06.1971, he impressed upon the topics discussed with President Yahya Khan, where he urged upon the government to supply arms and ammunitions to those who believed in the ideal and unity of Pakistan in order to combat the so-called ‘dushkritikari’. By referring to those who believed in the ideal and unity of Pakistan, the accused meant members of the Jamaat-e-Islami as well as members of the Peace Committee, Al-Badr, Al-Shams and Al-Mujahid, etc. The accused also stated that those who did not support the ideal of Pakistan were not friends of Pakistan. The accused reiterated the position of the military regime of Pakistan by dubbing the independence loving people of Bangladesh as separatists and miscreants and clearly stated his position to effectively combat them. His demand of arming the so-called patriots ‘ deshpremikder’ so that it would be possible to effectively combat and eliminate the so-called ‘dushkritikari’, who supported the independence of Bangladesh, demonstrates his complicity in the above-mentioned crimes committed throughout the country by the Pakistani Army and the auxiliary forces.

Discussion of Evidence:
239. Ext. 4 is a copy of a newspaper clipping of The Daily Sangram dated 20-06- 1971 wherein it is reported under the caption “Prof. Golam Azam at Pindi: preventing the separatists will be possible only through the help of the patriots.” that in a press conference held at Rawalpindi, accused Prof. Ghulam Azam stated that only with the help of patriotic people, the separatism activities could be encountered and, as such, he urged upon the government to supply arms and ammunitions to the persons who believed in the ideology
and unity of Pakistan. The news report is quoted below: “Rawal Pindi, 19th June (PPI): Prof. Golam Azam of Jamayete Islam, East Pakistan said that, the power can not be handed over to the people until normal situation is re established in East Pakistan. Prof. Golam Azam was speaking in a press conference after meeting the President. He said, the power can not be handed over to the people when the National Assembly is formed. Jamayat Leader Prof. Golam Azam said, preventing the rebels will be possible only through the help of the patriots. He asked the government to supply arms to the people with strong believe in the Ideology and Solidarity of the country, in order to fight the perpetrators. He said, the perpetrators in East Pakistan are not many in number but they are fully equipped with arms. He further said that, these perpetrators are carrieng out their destructive activities.”

240. On perusal of the news report (Ext.4) as mentioned above, the intention of accused Prof. Ghulam Azam appears through his said speech delivered to journalists about the discussion made with the President of Pakistan, Yahya Khan where he urged upon the government to supply arms and ammunitions to those who believed in the ideal and unity of Pakistan in order to eliminate the so-called ‘dushkritikari’ (Pro-liberation people). This statement also clearly implies that accused Prof. Ghulam Azam sailed with president Yahya Khan in the same boat with intent to annihilate freedom loving people of Bangladesh in 1971.

Count No. viii : On 20-06-1971, accused Prof. Ghulam Azam raised the issue of the incidents taking place in Bangladesh, the overall situation and what needs to be done in front of journalists during a press conference held at the Jamaat-e-Islami office, Lahore. During his speech the accused informed that so-called ‘dushkritikari’ were still active in East Pakistan and in order to effectively eliminate them, the arming of the so-called ‘shantipriyo’ citizens for the sake of security ‘nirapottar jonno’ was necessary. When referring to ‘shantiprio’ citizens, the accused meant members of the Peace Committee, Al-Badr, Al-Shams, etc. Although, he justified the arming of the so-called ‘shantipriyo’ citizens by stressing on the issue of their personal security, he had also in fact revealed his true intent of combating ‘protirodh’ the activities of the so-called ‘dushkritikari’ in the same sentence. His clear position in support of the military regime of Pakistan and its evil design to regarding independent Bangladesh and her independence loving people and call to arm the so-called ‘shantipriyo’ citizens in furtherance of that design indicates complicity in the abovementioned crimes committed throughout the country by the Pakistani Army and the auxiliary forces.

Discussion of Evidence :
241. Ext. 62 is a copy of a newspaper clipping of ‘°c¢eL f¡¢LÙ1¡e’ dated 21-06-1971 wherein it is reported under the caption ‘f§hÑ f¡¢LÙ¹¡el OVe¡hm£ pÇfLÑ ®N¡m¡j BSj’ that in a press conference held at the Jamaat-e-Islami office, Lahore, accused Prof. Ghulam Azam raised the issue of the incidents taking place in East Pakistan and what needs to be done infront of journalists. In his speech, the accused told that the so-called ‘dushkritikari’ (miscreants) were still active in East Pakistan and in order to effectively combat them the arming of the so-called ‘shantipriyo’ (peace loving) citizens was necessary for the sake of security. The news report is quoted below: XXX

242. Similar news as mentioned above (Ext. 62) is also reported in Ext. 43, a copy of a newspaper clipping of ‘¯c¢eL BS¡c’ dated 21-06-1971, under the caption XXX

243. On perusal of the news reports (Ext. 62 and Ext. 43) as discussed above, it appears that during his said speech, accused Prof. Ghulam Azam told that the so-called ‘dushkritikari’ (miscreants) were still active in East Pakistan and in order to effectively eliminate them the arming of the so-call ‘shantipriyo’ (peace loving) citizens was necessary for the sake of security.This statement of the accused appears to be a proof of his complicity in the commission of the atrocities during Liberation War, 1971.

Count No. ix : Accused Prof. Ghulam Azam hailed on 21-06-1971, the role played by the Pakistani Army for destroying the so-called separatist movement in East Pakistan, while giving a speech before members of the Jamaat-e-Islami in Lahore. He stated that there was no other way to save the country from separating without intervention by the Pakistani Army. This unconditional support by him towards all criminal activities by the Pakistani Army indicates complicity in the above mentioned crimes committed throughout the country by the Pakistani Army and the auxiliary forces.

Discussion of Evidence :
244. Ext. 63 is a copy of a newspaper clipping of ‘¯c¢eL f¡¢LÙ1¡e’ dated 22-06-1971 wherein it is stated under the caption ‘®pe¡h¡¢qe£l q¡a Bl ¢hLÒf ¢Rm e¡ : ®N¡m¡j BSj’ that on 21-06-1971, accused Prof. Ghulam Azam hailed the role played by the Pakistani Army for eliminating the so-called separatist movement in East Pakistan, while giving a speech before members of the Jamaat-e-Islami in Lahore. He stated that there was no other way to save the country from separating without intervention by the Pakistani Army. He further stated that the chaos created by the banned Awami League in East Pakistan was ten times stronger than the rebellion of 1857. The said news report is quoted below: XX

245. Similar news as mentioned above (Ext. 63) is also reported in Ext. 5/1, a copy of a newspaper clipping of XX

246. On perusal of Ext. 63, Ext. 5/1 and Ext. 44 as mentioned above, the said speech, made by accused Prof. Ghulam Azam, appears to be a proof of his complicity in the offences committed by Pakistani Army in collaboration with para- militia Bahinis during Liberation War, 1971.

Count No. x: In a press conference held at a hotel in Karachi on 22-06- 1971, accused Prof. Ghulam Azam urged upon all his followers and everyone else to offer effective assistance and full co-operation to the authorities in order to re-establish so-called ‘shabhabikota’ (normalcy). He also said that the people of East Pakistan would always live together with their West Pakistani brothers for the sake of their own survival. The accused  further stated that the objective of the 6-point demands of the banned Awami League was to separate East Pakistan from West Pakistan. He also demanded that government ban those political parties that had openly engaged in movement in support of the 6-point demands, which he perceived as a separatist movement. The accused urged upon all concerned to take effective steps to bring back a sense of faith amongst the people and also to combat the so-called ‘dushkritikari’ (miscreants) and anti-state elements ‘rashtrobirodhider’. The accused also hailed all the steps and activities of the Pakistani Army which were all of criminal nature. Such a speech made by the accused expressing all out support towards all activities of the military regime of Pakistan, calling all to offer full co-operation to the military authorities and if needed, offer full assistance by directly taking part in criminal activities indicates complicity in the above-mentioned crimes committed throughout the country by the Pakistani Army and the Auxiliary forces.

Discussion of Evidence:
247. Ext. 6 is a copy of a newspaper clipping of XXX that accused Prof. Ghulam Azam on 22-06-1971, in a press conference, held at a hotel in Karachi, urged upon all concerned to offer effective assistance and full co-operation to the authorities in order to re-establish normalcy. He also said that the people of East Pakistan would always live together with their West Pakistani brothers for the sake of their own survival. Prof. Ghulam Azam further stated that the objective of the 6- point demands of the banned Awami League was to separate East Pakistan from West Pakistan. Under no circumstances, India could be a friend of the people of East Pakistan. The accused also demanded that government ban those political parties that had openly engaged in movement in support of the 6-point demands. The people of East Pakistan never cast their votes for separation, rather they cast their votes in order to address their needs and grievances. Accused Prof. Ghulam Azam also stated that Quaede Azam was the noble leader of Pakistan and the people of West Pakistan and East Pakistan jointly established the largest Islamic Country, Pakistan.

248. Similar news as mentioned above (Ext. 6) is also reported in Ext. 78, a copy of a newspaper clipping of XXX dated 23-06-1971.

249. According to Ext. 6 and Ext. 78, the speech, made by accused Prof. Ghulam Azam inspired and incited his followers to extend all out support towards all activities of the Paksitani army, proves his complicity in the crimes committed in Bangladesh by the Pakistani Army and their collaborators during Liberation War, 1971. Count No. xi: On 06-06-1971, the local Peace Committee organized a meeting at Kushtia Public Library, during which accused Prof. Ghulam Azam dubbed the Awami League and Bangabandhu Sheikh Mujibur Rahman as ‘Bharoter dalal’ and ‘bisshashghatok’. In his speech, he also stressed upon the need of ‘qurbani’ (sacrificing) for the freeing of Muslims from the Hindu domination. In the end, the accused classified the Bengali Hindus of occupied Bangladesh as ‘shorojontrokari’. By classifying the Awami League and Bengali Hindus as ‘dushdritikari’ and ‘rashtrobirodhi’, the accused called upon the common people to combat them by co-operating with the Peace Committee and concerned authorities. When referring to the common people, the accused in essence meant members of the Jamaat-e- Islami, Peace Committee, Rajakars and other auxiliary forces over whom he had influence and control. During the meeting, the accused also expressed gratitude towards the Pakistani Army for taking the necessary steps ‘jothashomoye bebostha grohon’ for preserving the unity of Pakistan and also called for Allah’s divine intervention. It was through a speech of this sort that the accused expressed solidarity with the activities of the Pakistani Army and all its criminal activities. In his speech, the accused called upon all to offer full co-operation to the Pakistani military authorities, prayed for Allah’s divine intervention, thanked the Pakistani Army for their acts, fully endorsed his support which indicates complicity in the above-mentioned crimes committed throughout the country by the Pakistani Army and the auxiliary forces.

Discussion of Evidence :
250. Fortnightly Report (Ext. 488) was also reported in (Ext. 11) a copy of a newspaper clipping of XXX

251. The news reported in Ext. 488, Ext. 11, Ext. 64 and Ext. 45 gives a clear indication that the accused had effective control and influenes over his subordinates namely members of Jamat-e-Islami, Razakars and Mujaheeds who were relied upon in toto to combat against the ‘revels’ (freedom loinving people). His complicity with the activities of those militia Bahinis is establiished.

Count No. xii: On 20-08-1971, accused Prof. Ghulam Azam was present at a Jamaat-e-Islami Central Council meeting, held at Lahore, presided over by the party’s Assistant Ameer Maulana Abdur Rahim. During that meeting the accused offered full support to the decision taken by the Pakistan government to repress the banned Awami League by armed means ‘shoshosro domon’. The repressive measures were of criminal nature and the ‘purno shomorthon’ offered by the accused towards those measures indicates his complicity in the above-mentioned crimes committed throughout the country by the Pakistani Army and the auxiliary forces.

Discussion of Evidence: 252. Ext 82 is a copy of a newspaper clipping of XXX that on 20-08-1971, a meeting of Jamaat-e-Islami Central Council was held at Lahore, presided over by the party’s Assistant Ameer Maulana Abdur Rahim, where the said party offered full support to the decision taken by the government of Pakistan to repress the banned Awami League for their rebellion in East Pakistan. The said news report is quoted below: XXX

Count No. xiii: Accused Prof. Ghulam Azam spoke at a press conference, held at Peshawar on 26-08-1971, during which he dubbed the revolutionaries against Pakistan as ‘Mir Zafar’ and stated that the Pakistani Army had saved East Pakistan from the evil motives of India. He subsequently called the revolutionaries against Pakistan ‘dushkritikari-oonuprobeshkari’ and members of the Awami League as ‘fasibadi’. The accused urged to provide full co-operation by Bengali population to the Pakistani Army to eliminate them. By stating the destruction of the ‘dushkritikari’ ‘onuprobeshkari’ and ‘fesibadi’, the accused was infact referring to the commission of criminal acts against them. His speech sugnifies full co-operation towards the criminal activities of the Pakistani Army which indicates his complicity in the crimes committed throughout the country by the Pakistani Army and the auxiliary forces.

Discussion of Evidence:
253. P.W.1 Moontassir Uddin Khan Mamun alias Moontas sir Mamun has stated that accused Prof. Ghulam Azam used to say for eliminating ‘dushkritikari’ i.e. freedom-fighters or the supporters of the Liberation War and, for extending support towards the Pakistani Army and their associates. He has also stated that he saw and heard about the brutal activities committed by Rajakars, Al-Badrs and the members of the Peace Committees. P.W.2 Mahabub Uddin Ahmed, Bir Bikrom has stated that the Peace Committee, Al-Badr, Al-Shams and Rajakar bahinis along with Pakistani Army committed genocide, killing, rape, arson, looting, etc. in different places of the country and accused Prof. Ghulam Azam was the leader of Jamaat-e-Islami and under his leadership those offences were committed. P.W.3 Sultana Kamal has stated that according to Jamaat-e- Islami, Muslim League, PDP and accused Prof. Ghulam Azam, ‘dushkritikari’ (miscreants) were the freedom-fighters and, as such, they had to be eliminated. P.W. 16 Md. Motiur Rahman (I.O.) has stated that for the continuous wide criminal activities of accused Prof. Ghulam Azam, during Liberation War, thirty lakh people were killed, two lakh women of different ages were raped, one crore people were compelled to deport out, people of minority community were compelled to convert their religion and thousands of houses, shops, schools, colleges, Universities, mosques, temples, bridges, etc. were destroyed.

254. Ext. 84 is a copy of a newspaper clipping of ‘XXX that in a press conference held at Peshawar on 26-08- 1971, accused Prof. Ghulam Azam, Ameer of the East Pakistan Jamaat-e- Islami, having dubbed the revolutionaries as ‘Mir Zafar’ (betrayer) said that the Pakistani Army had saved East Paksitan from the evil design of India. The people were extending full co-operation to the Pakistani Army in order to eliminate the miscreants and infiltrators. The people did not rebel, rather the fascist leaders and workers of the banned Awami League rebelled. With the help of India they brought changes in their 6-point demands after the general election in order to separate East Pakistan from West Pakistan. Prof. Ghulam Azam also stated that the workers of Awami League put pressure on and intimidated the voters of East Pakistan to cast their votes in favour of them. The voters of East Pakistan did not cast their votes in favour of Awami League for separation of Pakistan, but for achievement of their legitimate rights.

255. Similar news as mentioned above (Ext. 84) is also reported in Ext. 13, a copy of a newspaper clipping of XXX

256. The evidence of P.W.1, P.W.2 and P.W.16 and the speech, delivered by accused Prof. Ghulam Azam as mentoned above, signifies their full cooperation towards the atrocious activities of the Pakistani Army and their associates which apparently indicates his complicity by instigation. Count No. xiv: On 26-08-1971, accused Prof. Ghulam Azam as Ameer of the East Pakistan Jamaat-e-Islami extended deep respects towards the Pakistani Army for protecting the unity of Pakistan in the midst of severe constraints and obstacles, at a party members gathering, held at the Town Hall of Peshawar. There he said that chanting slogans would not be enough to address the damages done in East Pakistan by a group of ‘bicchinotabadi’. In his speech, he not only expressed unconditional support to all criminal activities of the Pakistani Army, but also urged upon the members of his own political party and others to engage in repressive and criminal activities by stating that the mere chanting of slogans would not suffice. This indicates his complicity in the above-mentioned crimes committed throughout the country by the Pakistani Army and the auxiliary forces.

Discussion of Evidence:
257. Ext. 68 is a copy of a newspaper clipping of ‘¯c¢eL f¡¢LÙ1¡e’ dated 29-08-1971 wherein it is stated that Prof. Ghulam Azam, Ameer of East Pakistan Jamaat-e-Islami, in a meeting of the members of his own party, held at the Town Hall of Peshawar, stressed on the necessity of strengthening the Islamic ideology of Pakistan in order to ensure permanent unity of the two wings of Pakistan. He said that Pakistan was created through Islam and it could sustain only in the firm belief of Islam. He also said that chanting slogans would not be enough to address the damages, done in East Pakistan by a group of separatists. He having praised the activities of the Pakistani Army extended deep respects towards them for protecting the unity of Pakistan. The people of East Pakistan agitated for Pakistan and they could never demand for its separation.

258. The speech, delivered by accused Prof. Ghulam Azam as mentioned above apparently indicates his complicity in the crimes committed in Bangladesh during Liberation War, 1971 as he urged upon the members of his own political party and others to engage in repressive and criminal activities by stating that the mere chanting of slogans would not suffice.

Count No. xv : On 30-08-1971, at a press conference held at Hyderabad, accused Prof. Ghulam Azam mentioned the martyrdom of 500-700 volunteers of the auxiliary forces, while trying to protect the unity of Pakistan. The accused demanded the dissolution of the ‘Jatiyo Parishad’ (National Assembly) and the holding of fresh elections. He also demanded the strengthening of the ‘deshpremik O Islam priyo’ persons, i.e. those persons who were supporting the unity of Pakistan and were assisting the Pakistani Army. According to him, these persons had helped in bringing the situation in occupied Bangladesh under control ‘poristhiti niyontron’. By stating ‘poristhiti niyontron’ the accused was in fact referring to the repression of those who supported the independence of Bangladesh whom he dubbed as ‘dushkritikari, rashtrobirodhi O bidrohi’. The accused also mentioned the assisting of the Pakistan Army and the concerned authorities by the so-called ‘deshpremik’ in the efforts to repress those who supported the independence of Bangladesh. By hailing the Pakistani Army, the accused expressed his support towards all their activities. He mentioned the important role played by the Tolabaye Arabiya, Islami Jamiyate Tolaba and Shanti Committee in the process of combating the so-called ‘dushkritikari O Bharotiyo agent’. By stressing upon the importance of the auxiliary forces, the accused confirmed his connection to the criminal activities of the Pakistani Army. His speech also confirms the connecton between the criminal activities of the Pakistani Army and he and his auxiliary forces and indicates his complicity in the above-mentioned crimes committed throughout the country by the Pakistani Army and the auxiliary forces.

Discussion of Evidence :
259. Ext. 69 is a copy of a newspaper clipping of XX that accused Prof. Ghulam Azam, on 30-08- 1971 at a press conference held at Hyderabad, demanded the dissolution of the National Assembly and holding of fresh elections. He said that out of 88 members, elected with the tickets of the banned Awami League, most of them were not in Pakistan and of them two members meanwhile had died. He demanded the strengthening of the patriotic and Islam-loving people of East Pakistan and said that those persons had assisted to control the situation prevailing in East Pakistan and had extended full co-operation to the Pakistani Army and Administrative authorities in order to subdue the antistate activities of the miscreants and rebels. Prof. Ghulam Azam having praised highly the Pakistani Army for protecting Pakistan from its breaking into pieces, said that the situation of East Pakistan was being come to normalcy quickly.

260. Similar news as mentioned above (Ext. 69) is also reported in Ext. 85, a copy of a newspaper clipping of XX

261. On perusal of Ext. 69 and Ext. 85, it appears that accused Prof. Ghulam Azam demanded the strengthening of the patriotic and Islam-loving persons and stressed upon the importance of the collaborators of the Pakistani Army and thereby he indicates his complicity wtih the atrocious activities of the Pakistani Army and their collaborators which were done during Liberation War, 1971.

Count No. xvi : Accused Prof. Ghulam Azam spoke at a press conference at the Karachi office of Jamaat-e-Islami on 31-08-1971, and expressed gratitude towards the Pakistani Army for protecting Pakistan ‘Pakistan rokkhay’. By protecting Pakistan ‘Pakistan rokkhay’, the accused meant upholding the unity of Pakistan by repressing the people of Bangladesh supporting its independence which also signifies his support towards the criminal activities of the Pakistani Army. The accused dubbed the supporters of the independence of Bangladesh as bad Muslims ‘bhalo Musolman noy’, who according to him were so-called ‘bicchinotabadi’. The accused also mentioned the repression of these persons by so-called ‘ekmona O deshpremik’ persons. His speech confirms his support and connection with the criminal activities repressing those supporting the independence of Bangladesh. His hailing of the activities of the Rajakars also conveys his support towards the crimes they committed and confirms his association and connection to those crimes. Thus his speech indicates his complicity in the above-mentioned crimes committed throughout the country by the Pakistani Army and the auxiliary forces.

Discussion of Evidence :
262. Ext. 70 is a copy of a newspaper clipping of ‘¯c¢eL f¡¢LÙ1¡e’ dated 02-09-1971 wherein it is reported under the caption ‘Ll¡Q£a ®N¡m¡j BSj- ¢h¢μRaea.h¡c£ l¡S¯e¢aL cm ¢e¢oÜ ®O¡oZ¡l c¡h£’ that on 31-08-1971 at a press conference, held at the Karachi office of Jamaat-e-Islami, accused Prof. Ghulam Azam, Ameer of the East Pakistan Jamaat-e-Islami, during his speech urged to resolve the National Assembly immediately and to hold fresh elections in all over the country as so as the time would be favourable. He also urged to ban all the separatist political parties and to punish the learders of those parties. Prof. Ghulam Azam expressed profound gratitude towards the Pakistani Army for protecting Pakistan and the lives of people. He stated that a good Muslim could not be a supporter of so-called ‘Bangladesh movement’. Like minded and patriotic people had been working together to destroy the separatists of East Pakistan. The accused praised the activities of Rajakars. The news report is quoted below: XX

263. On perusal of Ext. 70 as mentioned above, it appears that accused Prof. Ghulam Azam praised the activities of Rajakars who, amongst others, allegedly committed atrocities throughout the country during Liberation War, 1971 and, therefore, his above mentioned speech indicates his complicity by instigation in the commission of the atrocities.

Count No. xvii : On 03-09-1971, accused Prof. Ghulam Azam and other leaders of the Jamaat-e-Islami agreed to eliminate the so-called revolutionaries and anti-social elements ‘bidrohider’ and ‘shomajbirodhider’, in the efforts to bring back a state of normalcy at a meeting of party leaders at the Dhaka city office of Jamaat-e-Islami located at 91/92, Siddiq Bazar, Dhaka. While addressing the political and law and order situation in the country, the accused stressed upon the importance of efforts to bring back a state of normalcy in the country. When referring to the ‘bidrohi o shomajbidrohi’, the accused meant the people supporting the independence of occupied Bangladesh and the innocent Bengali population. The nature of decisions taken by him during this meeting along with his support, connection to and association with the brutal elimination of persons supporting the independence of Bangladesh indicate his complicity in the above-mentioned crimes committed throughout the country by the Pakistani Army and the auxiliary forces.

Discussion of Evidence :
264. Ext. 489 is a copy of a Fortnightly report on political situation, for the first half of September, 1971 from Special Branch, East Pakistan, Dhaka wherein it is stated that a discussion meeting of the Jamaat-e-Islami leaders was held on 03-09-1971 at the office of the Dhaka City Unit of the party at 91/92, Siddiq bazar with Prof. Ghulam Azam and Maulana Abdul Khaleq, Ameer and General Secretary respectively of East Pakistan Jamaat-e-Islami, besides others attending the meeting, discussed political as well as law and order situation and stressed the necessity of strict measures by the government for restoration of normalcy in the country by eliminating the rebels and anti-social elements. It hailed the appointment of Dr. A.M. Malik as Governor of East Pakistan. Prof. Ghulam Azam gave his impression of his recent visit of West Pakistan and said that the Jamaat-e-Islami had strong hold in that Wing.

265. On perusal of Ext. 489 as mentioned above, it appears that the nature of decisions taken by accused Prof. Ghulam Azam and others with the elimination of persons supporting the independence of Bangladesh indicate his complicity by instigation in the commission of crimes in Bangladesh during Liberation War, 1971.

Count No. xviii : Accused Prof. Ghulam Azam issued a statement from Dhaka on 10-09-1971, where he stated intelligent and sharp persons should be included in the Pakistani delegation at the upcoming General Assembly of the United Nations. He stated this because he believed that in the midst of the severe on going crisis there would be many criticism against at the United Nations General Assembly and they would have to attend many debates. Hence, right selecton of Pakistani delegation was a matter to sustaining of the national unity, not a matter of person or personality. The accused advocated the appointing of ‘bagmi o khurdhar buddhishomponno’ because he knew that they would have to face questions at the United Nations regarding the torture, repression, genocide and crimes against humanity committed against the people of occupied Bangladesh by the Pakistani Army and its auxiliary forces. This is why the accused wanted that a competent delegation be sent capable to explaining such activities. Such prescriptions made by him confirm his association, connection and support towards all criminal activities of the Pakistani Army and its auxiliary forces which indicates his complicity in the above-mentioned crimes commiitted.

Discussion of Evidence :
266. Ext. 113 is a copy of a newspaper cliping of ‘XX

267. Ext. 489 is a copy of a Fornightly Report on political situation, for the first half of September, 1971, from Special Branch, East Pakistan, Dhaka, wherein it is also stated that the leaders of East paksitan Jamaat-e-Islami were not happy of the selection of members of Pakistani delegation to the ensuing session of the United Nations General Assembly. They were of the views that more eminent persons with political background should have been included in the delegation to suit the occasion and serve the purpose better.

268. Similar news as mentioned above (Ext. 113 and Ext. 489) is also reported in Ext. 17, a copy of a newspaper cliping of XX

269. On perusal of Ext. 113, Ext. 489 and Ext. 17 as mentioned above, it appears that the above prescriptions made by accused Prof. Ghulam Azam speaks high of his association, connection and support towards all criminal activities of the Pakistani army and its collaborators to resist independence of Bangladesh.

Count No. xix : During mid September of 1971, while congratulating the newly constituted Cabinet under the military regime of Pakistan, accused Prof. Ghulam Azam hailed the operation of the Pakistani Army and mentioned that the central and local Peace Committees were working towards bringing back a sense of normalcy in the country. He also expressed hope that the newly constituted Cabinet would function even better than the Peace Committee. Through his speech, he expressed solidarity with the criminal activities of the Pakistani Army and the Peace Committee thereby clarifying his own association with such activities, and thus indicating his complicity in the above-mentioned crimes committed throughout the country by the Pakistani Army and the auxiliary forces.

Discussion of Evidence :
270. Ext. 20 is a copy of a newspaper cliping of ‘¯c¢eL pwNË¡j’ dated 19-09-1971 wherein it is reported under the caption ‘eh¢ek¤š² j¿»£cl fТa AdÉ¡fL ®N¡m¡j Bkjl A¢ie¾ce’ that in a statement, Prof. Ghulam Azam, Ameer of Provincial Jamaat-e-Islami, having congratulated the newly constituted Cabinet said that they being Ministers have not only taken the risk, but have also taken the responsibility upon their shoulders to bring back full confidence among the frustrated people. In a normal situation, this responsibility is very much honourable and profitable, but in the complicated situation prevailing at that time, the Minsters would have to work hard to restore the economy of the seriously affected country and to create an environment for establishing a pro-people government. Prof. Ghulam Azam expressed his hope that the Governor and his Cabinet would get all sort of co-operations from the peace-loving citizens in bringing back the normalcy among the people. He further said that the central and local Peace Committees were working hard towards the bringing back a state of normalcy in the country. He also expressed hope that what the Peace Committees could have done till date, the Ministers would be able to do more than that.

271. Similar news as mentioned above (Ext. 20) is also reported in Ext. 72, a copy of a newspaper clipping of XXX

272. On perusal of Ext. 20 and Ext. 72 as mentioned above, it appears that accused Prof. Ghulam Azam expressed hope that the newly constituted Cabinet would function even better than the Peace Committee did. Through his said statement, he expressed solidarity with the criminal activities of the Pakistani Army and the Peace Committee and, thereby he indicated his complicity in the commission of the crimes as mentioned herein before.

Count No. xx : On 25-09-1971, during a reception thrown in the honour of Provincial Education Minister Abbas Ali Khan and Revenue Minister A.K.M. Yusuf at the local Hotel Empire, Dhaka, accused Prof. Ghulam Azam reported about sending of members of the Jamaat-e-Islami to the Razakar Forces and the Peace Committee. The accused went on to say that the two members of Jamaat-e-Islami who had joined the Cabinet were forced to do so by the party members and the objective with which the Jamaat-e- Islami had sent its members to the Rajakar Forces and Peace Committee was identical to the objective behind sending its members to the Cabinet. He stated further that the two Jamaat-e-Islami members were sent to join the Cabinet in line with his own efforts of returning a state of normalcy to the country. The sending members of his own party to forces auxiliary to the Pakistani Army, such as Rajakars Forces and the Peace Committee, in the name of establishing peace, indicates his complicity in the above-mentioned crimes committed throughout the country by the Pakistani Army and the auxiliary forces.

Discussion of Evidence : 273. P.W.3 Sultana Kamal has stated that in the month of September, during a reception thrown in the honour of two leaders of Jamaat-e-Islami who were included in the newly constituted Cabinet, accused Prof. Ghulam Azam said that the objective with which the Rajakar Force and Peace Committee were formed was identical to the objective behind the including the members of Jamaat-e-Islami to the Cabinet.

274. Ext. 22 is a copy of a newspaper cliping of XXX  that on 25-09- 1971 a reception was thrown in the honour of Provincial Education Minister Abbas Ali Khan and Revenue Minister A.K.M. Yusuf at a local hotel, Dhaka and, both of them were leaders of East Pakistan Jamaat-e-Islami. In the said reception, Prof. Ghulam Azam, Ameer of East Pakistan Jamaat-e-Islami, stated that due to the crisis prevailing in the country and for the destructive activities of the miscreants, the Pakistanis died, of whom most of them were connected with Jamaat-e-Islami. Jamaat-e-Islami considered Pakistan and Islam are one and indifferent and, Pakistan was considered to be the home of all the Muslims of the world. The accused further stated that the workers of Jamaat-e-Islami had been working at the costs of their lives for the existence and protecting the unity of Pakistan. He further stated that the two members of Jamaat-e-Islami who had joined the Cabinet were forced to do so by the party members and the objective with which the Jamaat-e-Islami had sent its members to the Peace Committee and other Forces was identical to the objective behind sending its members to the Cabinet.

275. Mr. Sultan Mahmud, the learned Prosecutor, at the time of summing up the prosecution case, having referred to the book named XXX edited by Hassan Hafizur Rahman and published by the governement of Bangladesh in 2009 at page nos.630-631, submitted that same news has been inserted therein.

276. On perusal of the evidence of P.W.3 and Ext. 22 and the relevant portion of the said book as mentioned above, it appears that accused Prof. Ghulam Azam, Ameer of East Pakistan Jamaat-e-Islami, said in a reception ceremony that the members of his party had been sent to Rajakar Forces and Peace Committee for so-called establishing peace in the country which indicates his complicity in the crimes committed by the Pakistani Army and their collaborators during Liberation War, 1971. Count No. xxi : During a public meeting organized by the Jamaat-e- Islami at the Baitul Mukarram premises on 16-10-1971, accusesd Prof. Ghulam Azam stated that in order for the Bengali Muslims to live their lives keeping their livelihood and rights in fact, the preserving of the unity of Pakistan was imperative. He placed blame on the so-called ‘choromponthi’ of the banned Awami League for all the miseries of the country and stated that the Jamaat-e-Islami was working relentlessly through the Peace Committee to the establishing of a civilian government in the country. This speech made by him clearly shows his association with the criminal activities of the Pakistani military forces and the Peace Committee indicating his complicity in the above-mentioned crimes committed throughout the country by the Pakistani Army and the auxiliary forces.

Discussion of Evidence :
277. Ext. 25 is a copy of a newspaper clipping of XXX dated 17-10- 1971 wherein it is reported under the caption XXX that on 16-10-1971, a public meeting, organized by Dhaka Jamaat-e-Islami, was held at the Baitul Mukarram premises, where Prof. Ghulam Azam, Ameer of East Pakistan Jamaat-e-Islami, stated that how far improvement of the oppressed Bengali Muslims was made, that was made after the creation of Pakistan. Prof. Ghulam Azam further stated that only the civil government could bring back the state of normalcy in the country. He also stated that Jamaat-e-Islami had been working restlessly through Peace Committees to facilitate for establishing civil government throughout the country.

278. Ext. 492 is a copy of the Fortnightly Report on political situation, for the 2nd half of October, 1971 from Special Branch, East Pakistan, Dhaka, wherein it is stated at para 14 that on 16-10-1971, as mass rally at the instance of City Jamaat-e-Islami was held at Baitul Mukarram, Dhaka with Ameer Prof. GhulamSarwar in the chair. Amongst others, prof. Ghulam  Azam, Ameer, East Pakistan Jamaat-e-Islami addressed the rally, inter alia, stressing on the necessity of helping the present regime to restore normalcy in the country. He criticised NAP, PPP and held them responsible for the crisis prevailing in the country. He also criticised Bangabandhu Sheikh Mujibur Rahman, the Chief of Awami League for his lack of foresight and control over his followers, particularly the extremists who raised slogans ‘Bangladesh’.

279. On perusal of Ext. 25 and Ext. 492 it appears that the said speech made by accused Prof. Ghulam Azam indicates his pivotal role in the civil administration of East Pakistan through Peace Committee led by Jamaat-e- Islami and thereby he had complicity in the crimes committed in the country by the Pakistani Army and their collaborators.

Count No. xxii : After returning from Lahore, on 26-11-1971, during an exchange with journalists, accused Prof. Ghulam Azam hailed the role played by the Razakars and demanded that they be armed with modern weapons. He stated further that doing so would allow the destruction of the ‘dushkritikari’. In 1971, the criminal activities of Rajakars Forces spanned throughout the country and this force was made up of members of the Jamaat-e-Islami under the initiative of the Pakistani military forces. Therefore, by hailing the role played by this organization, his complicity in the above-mentioned crimes committed throughout the country by the Pakistani military forces and the auxiliary forces.

Discussion of Evidence :
280. Ext. 116 is a copy of a newspaper clipping of ‘¯c¢eL f§hÑcn’ dated 27-11-1971 wherein it is reported that on 26-11-1971, during an exchange with journalists at Rawalpindi, Prof. Ghulam Azam, Ameer of East Pakistan Jamaat-e-Islami, praised the role played by the Rajakars and critecised those persons who had opposed them (Rajakars). He demanded that the Rajakars should be armed with modern weapons so that they could be able to eliminate the miscreants. This news report is quoted below: XXX

281. It appears from Ext. 116 as mentioned above that accused Prof. Ghulam Azam praised the role played by the Rajakars which indicates his complicity and support by instigation in the crimes committed in the country by the Rajakars and others. He urged the government to supply sophisticated weapons to the Razakars to kill “duskritikari” i.e. freedom loving people of Bangladesh. This statements squarely implies his complicity with the commission of atrocities committed by Razakars.

Count No. xxiii : On 28-11-1971, during a meeting of the United Coalition Party (UCP) held at Rawalpindi, accused Prof. Ghulam Azam admitted that he and the organizations under his control were involved in assisting the Pakistan Government in taking measures against the ‘bicchinnotabadi’ and ‘rashtroberodhi’ persons because he considered it to be his duty to do so. During his speech Prof. Ghulam Azam stated that the UCP was committed towards upholding the unity of the country under the leadership of Nurul Amin. The accused urged President Yahya Khan to tour East Pakistan in order to obtain the assistance of the so-called ‘deshpremik’ of East Pakistan. He mentioned that all partriotic people of East Pakistan were working unitedly and that a 6-party coalition had been formed there to take part in the by-elections of East Pakistan. In his speech he also stated that members of the United Coalition Party and Rajakars were sacrificing their lives to protect the country. This speech made by the accused indicates his complicity in the above-mentioned crimes committed throughout the country by the Pakistani Army and the auxiliary forces.

Discussion of Evidence :
282. Ext. 31 is a copy of a newspaper clipping of ‘¯c¢eL pwNË¡j’ dated 29-11-1971 wherein it is reported under the caption ‘®fТpX ¾Vl fТa ®N¡m¡j Bkj-A¢hmð f§hÑ f¡¢LÙ¹¡e pgl Ll¦e’ that on 28-11-1971, in a meeting of the United Coalition Party (UCP) held at Rawalpindi, Prof. Ghulam Azam, Ameer of the East Pakistan Jamaat-e-Islami, stated that the UCP, under the leadership of Nurul Amin, was committed towards upholding the ideal and unity of the country. The accused urged President Yahya Khan to tour East Pakistan in order to obtain the assistance of the patriotic people of East Pakistan. He also stated that all patriotic people of East Pakistan were working unitedly and that a 6-party coalition had been formed there to take part in the by-elections of East Pakistan and, the members of the United Coalition Party and Rajakars were sacrificing their lives to protect the country. Before taking any decision, President Yahya Khan should also consider the recommendations made by those patriotic people and, if the President did so, the patriotic people of East Pakistan, who were engaged in protecting the country, would be more inspired. Prof. Ghulam Azam also stated that they had assisted the government against the separatists and antisocial elements as it was their duty.

283. It appears from the speech, made by accused Prof. Ghulam Azam as mentioned in Ext. 31, that the accused in his said speech stated that the members of the United Coalition Party and Rajakars had been sacrificing their lives to protect the country, which indicates that the accused had complicity with Pakistani army and Razakars who in the name of protecting Pakistan, killed millions of unarmed cibilians during war of liberation of Bangladesh.

Evaluation of evidence and findings:
284. The prosecution has mainly relied upon documentary evidence to prove charge no.4 complicity in the commission of international crimes specified in section 3(2)(h) of the Act. On perusal of the documentary and oral evidence discussed above, it is found on scrutiny that accused Ghulam Azam in his autobiographic book named “ Jibone-e-ja-dekhlam” volume-III page 133(Exhibit-H) has frankly described his knowledge and experience about the horrendous atrocities committed by Pakistani army in Dhaka in the following 25 March 1971. Despite of having obtained knowledge about horrendous atrocities committed by Pakistani army accused Ghulam Azam and his associates intentionally met Tikka Khan, CMLA on 04.04.1971 (Ext. 33, 34 news report) and gave assuarance to provide all assistance to him. It is well proved that accused had knowledge about the atrocities which were carried upon the unarmed civilians of Bangladesh since 26 March 1971.

285. It is a fact of common knowledge that Pakistan army with the aid of local collaborators directed attacks upon unarmed civilians and killed them in a large scale with intent to destroy Bangalee nation. It is undeniable that accused had direct knowledge about the atrocities which were carried upon unarmed civilians but he repeatedly praised the role of Pakistan army and Razakars which was published in the Daily Pakistan dated 29.04.1971 and 01.09.1971 (Ext.68 and 64 respectively). It is true that a sensible man on earth cannot praise role of killer force. But fact remains that accused Ghulam Azam intentionally used to praise the role to Pakistan army and its colloborators during war of liberation of Bangladesh.

286. It is further proved by documentary evidence (Ext.No.4and 116) that accused urged upon the government to supply modern weapons for true patriots and Razakars to kill Duscritikari i.e.freedom loving people of Bangladesh. It is evident that the accused’s complicity with the atrocities committed by Pakistan army and paramilitia Bahinies has been established.

287. Mr. Imran Siddique, the learned counsel for the defence submits that complicity is not an inchoate offence but the prosecution has failed to identify any specific ofence which was committed pursuant to any action of the accused.

288. On perusal of the documentary evidence discussed above, wer are inclined to hold that prosecution has submitted a lot of evidence on atrocities committed by Pakistan army and paramilitia Bahinis, namely Peace committeed, Razakars, Al-Badr and Al-Shams in all over Bangladesh. It is also proved that the accused as Ameer of Jamaat-e-Islami had effective control over the said paraMilitia Bahinis which were mostly maned by the Jamaat-e-Islami Chhatra Sangha. We hold that ‘nexus’is not required to prove genocide and widespread killing when attack was directed against unarmed civilian population.

289. Nevertheless, Prosecution has porved news report clipping about mas graves and genocide (Ext.Nos.117-159,193-196,206-249) News report clippings about rape and repression upon woman which have been marked as (Ext.nos.162-165,170-184). From the news relating to genocide and crime against humanity discussed in paragraph nos.64 to 87 of the judgment which squarely prove that attacks were directed against unarmed civilians by direct participation of Razakars and Al-Badr who being subordinates to the accused acted prusuant to his direction.The accused’s complicity in the commission of crimes and its nexus requirement are thus proved.

290. In view of the duscussions made above, we are inclined to hold that accused Ghulam Azam intentionally with awareness contributed to the commission of crimes aganist humanity and genocide by aiding, abetting and incitement to the perpetrators during War of Liberation and as such he is found guilty for his complicity with the commission of those offences as specified in section 3(2)(h) of the Act.