15 Jul 2012: Azam 2nd witness testimony

Tribunal one

The Tribunal has adjourned the process of Opening Statement in the case of Nizami as he can’t be produced before the Tribunal since he is in the Chittagong District Court for another case.

Before starting of the deposition of the prosecution witness, the Chairman asked Mr. Mizanul Islam how much time whe would like to take for completing the cross examination of the Investiation officer for Sayedee's case and then Mr.Mizanul submitted a document setting out the particular times required to complete different sections of his Cross examination.

He then moved onto the case of Golam Azam and told the prosecution that he expected the examination in chief of the second witness Mahbub Uddin Ahmed Bir Bikrom, to be completed by the end of the day. The last hearing for this case can be found here

Prosecutor: State your identity.

Witness: My name is Mahbub Uddin Ahmed, Bir Bikrom; Father- Late Altaf Uddin Ahmed; Aged- 67 years.

Prosecutor: How old were you during 1971?

Witness: 26 years old.

Prosecutor: What is your highest level of education?

Witness: I have passed MA of Economics from the University of Dhaka.

Prosecutor: Afterwards what have you done?

Witness: Afterwards being selected on the Pakistan Civil service examination I have joined at the Police Cadre.

Prosecutor: During March, 1971 where were you?

Witness: I was on a settlement training a Police Officer of Satkania District and I was the SDPO (Sub Divisional Police Officer) of Jheenaidoh District. To hear the Speech of Bangabandhu Sheikh Mujibur Rahman me along with many other friends have gone to Chittagong. But Radio did not transmit it, so we were unable to here the speech. Instantly my friends have taken the decision to return towards their work place, so we didn’t have return to the training Camp.

I have returned to Dhaka and stayed at the Police Control Room till 17th March, 1971. After getting informed about the present movement of the people of the East Pakistan, I have returned to my workplace Jheenaidoh on 18th May, 1971. After returning there I have contacted with the local political leaders and the local people and let them be introduced with the Ansar Training.

On 22nd June, 1971, my residence was at Wapda Rest House, Jheenaidoh. My friends the SDO of Meherpur- Dr. Toufik-I Elahi Chowdhury, SDO of Magura Waliul Islam, SDO of Rajbari- Shah Md. Farid and the SDO of Norail- Kamaluddin Siddiqui have gone to my residence. We have consulted about the overall condition of the State and we have decided that we will maintain our communications with each other and we will be at the side of the people.

On 25th March, 1971, at 11:30 P.M. we have got information from the Wireless Baseline of Rajarbag Police Line that the Pakistan Army has attacked the Rajarbag Police Line. One Police Constable has informed me about the matter. Instantly I have gone to the Police Station and called the local people and the politicians. The Government Officers of Jheenaidoh were also present there. We all have decided that we will fight against the attack of Pakistan Army. 400 three-zero-three rifles were there at the Jheenaidoh Armory. I have distributed those to the interested people and formed Mukti Bahini.

In the meantime a news has spread that Jessore contingent is moving towards Jheenaidoh by the Jessore-Jheenaidoh road. By receiving the news we have blacked out the whole city. By watching the black out, the Pakistan Army has preferred staying at 5 miles distant from the southern area of the city. We have understood that if we try to fight against the Pakistan Army with these three zero three rifles we all will be destroyed, so we all the armed people have went to the nearby sugar-cane farm to hide ourselves.

One Jeep with Pakistan Army had gone to the Police station and searched for us. Without getting the trace of anyone they have moved towards Kushtia. Instantly we have returned to Jheenaidoh and decided to block all the entrances of Jheenaidoh. Afterwards all the peoples of the area started cutting down the big trees to make the blockages on the roads. At that time they all have cut down the branches of the big trees beside the Jheenaidoh-Kushtia road, Jheenaidoh- Jessore road, Jheenaidoh- Chuadanga road and made obstacles over the roads. The local Wapda Engineers have made booby traps on the Garagonj Bridge which is 8 miles north from the Jheenaidoh district and Bishoykhali Culvert of 5 miles southern place. The freedom fighters were staying at the opposite side of the Booby trap by making trench.

In the meantime on 28th March, 1971 the EPR 8 No winging Commander Major Abu Osman Chowdhury of Chuadanga has communicated with me and called me to Chuadanga. There I have met my friend Dr. Toufik-E-Elahi again after 22nd March. Major Osman has given us the badge of Captain Rank for getting advantages at the war.

On 29th March, 1971 Awami League General Secretary JKMA Ajij has informed us that two guests have arrived from Dhaka, please come sharp. Afterwards we have met Mr. Taj Uddin Ahmed and Barrister Amirul Islam at approximately 11 A.M. They have requested me to help them crossing the border. I have consulted and visited my friend Toufik-E-Elahi and started towards Jheenaidoh at the afternoon and by passing Chuadanga and Chayngkhali we have handed them over to the Indian BSF. The BSF has moved them to Delhi with due respect.

The local people of Kushtia have taken the decision to attack the Pakistan Army of Kushtia by the leadership of the EPR 8 No winging Commander Major Abu Osman Chowdhury of Chuadanga. So, at the end of the night of 30th March, the people of Kushtia and the armed people sent over by us and a company of armed people sent over from Chuadanga have attacked the Kushtia- EPR. They have broken the silence of the night by the slogan of ‘Joy Bangla’ and ‘Joy Bangabandhu’. The Pakistan Army had taken shelter at the District School on being bewildered by the attacks of the people. The people have set fire by applying petrol throughout the surrounding area of the District School. Then the Pakistan Army has rushed towards Jheenaidoh to get back on the Cantonment. The frontline Jeeps have fallen down at the Garagonj Booby Trap and a lot of army officer have died instantly. The Armies who have moved to the rescue of the frontline Jeeps have been shot down by the bullets fired by the freedom fighters who were hiding themselves at the nearby trench. In these circumstances the Pakistan Armies fired over Jheenaidoh with cannon and the Guns. The army officer have scattered in some small groups and started hiding themselves in the nearby villages. The villagers have killed all of them in the morning and the villagers have collected all the bullets and arms and taken those towards the Police Station.

One Lieutenant Ataullah Shah has taken shelter in a closed building and started firing like mad. Me with other people have surrounded the building and directed him to stop firing and then he has stopped firing. We have arrested him as a POW and then he has been sent to India by Chuadanga. As far as I know he was the first POW. This is the destruction of the perilous 27 number SNT battalion. To rescue the other Army officers another troop has been sent over from Jessore Cantonment on 1st April. They have been fallen in trouble when they reached Bishoykhali Culvert. The freedom fighters have restrained them and they fled away.

In 2 days of war many of us have been injured and 6 have died. Among those 6 dead men there were 2 sons of the local MNA-- Mr. Anwarul Islam. We have captured a lot of automatic cocktail, automatic Machine Gun, Mortar, Light Machine Gun, 6 pieces 106 mm. deep mounting RCL Gun, 18 pounds Bombs, and millions of bullets from the Pakistan Army. So that, we became strong, and started planning to attack the Jessore Cantonment. By this battle the western part of Jamuna river consisting the Jessore Cantonment became liberated. We have discussed with our sector Commander Abu Osman Chowdhury and started moving towards Jessore Cantonment. We have stayed near 10 miles north, at a trench at the Barobazar Rail-line. The Jessore- Jheenaidoh road became closed for the Pakistan Army. This situation continues till 10th April. They have started a tripartite attack over us at the Goalondo- Isshordi- Jheenaidoh area. On 11th April, 1971 the Pakistam Army has moved out from the Jessore Cantonment and attacked ous. And we have fought back. By observing our hard position, they have bypassed us and stayed at the Baligonj area behind us. So that we were attacked from both the front and back side. It was not possible for us to stay there. We have withdrawn our position and moved back to Jheenaidoh.

After some time, the Pakistan Army has reached Jhenaidoh on 14th April. By declaring a general withdraw order at Jheenaidoh, I have started towards Chuadanga. We have drawn 4 crore, 40 lakhs taka and 20 KG gold from the then National Bank. Afterwards, on 20th May, 1971 we have deposited the amount to the vault of Bangladesh Government. The money receipt is now preserved at the National Museum. By starting on 14th April, 1971 we have reached to the Betai Camp of India via the road of Chuadanga and Meherpur. On 17th April, 1971 me and my friend Toufik with some soldiers have crossed the border and reached Boiddonathtola, Meherpur.

On that very morning we have got the news that- the first Government of Bangladesh is going to take oath at that place. The Government has been formed on 10th April, 1971 at Agortola. At 11.00/11.30 A.M. many of our elected leaders have come with some renowned journalists and reporters of BBC, VOA, Reuters, CBC etc. They have gathered with cameras. The oath taking ceremony has been took place on 12.00/12.30 P.M. The newly formed government has been given a guard of honor by my leadership.

I have given the short description of the south- western zone of the war field here. But for the whole nine months, I and our other companions have fought against the Pakistan Army at the Benapol, Kagojpukur area. On 28th May we have fought for 14 hours against the 9 number Panjab regiment and destroyed their troops at the Satkhira, Bhomra area. They were destroyed too badly that at last the Pakistan Government has withdrawn its troops. A number of their Major and Generals have been killed there and I have recovered a number of corpses from the place.

Each day I have fought as the number-7 sector commander of Satkhira area. On 19th September, 1971 we have lost so many soldiers at Baliadanga, in our attempt to attack the Kakdanga BOP. And I have been injured and was admitted for four weeks at the Barakpur Military Hospital. On 16 October, 1971 I have returned at the sub sector again. We have continued our attack against the Pakistan Army at the Satkhira- Kolaroa area. On 8th December Satkhira became freed from the Pakistan Army. I along with our troops have stayed at the Jessore Monirampur School. On 16th December, 1971 we have got the news that- Bangladesh has got the victory.

Prosecutor: When you were in the leadership, what have you observed?

Witness: During the liberation war many of Rajakar- Al-Badar- Al-Shams have been caught by our team members. We have gathered the information from them and the newspapers and the radio that Awami League has got the majority vote in 1970 election, the political parties which were against were Jamaat-e-Islami, Muslim League, PDP etc. The defeated teams have met General Tikka Khan at the onset of April, 1971 and supported the Operation search light movement of Pakistan and planned to form Peace Committee for the assistance of Pakistan Army.

Prosecutor: Who has met Tikka Khan?

Witness: Mr. Gholam Azam, KHaja KHoyer Uddin and Nurul Amin were there among the people who have met. After the liberation I have watched the photograph of their meetings at the newspaper. Islamic Chatro Sango was the student wings of the Jamat-e-Islami. I have heard that- Mr. Gholam Azam has met Yahya Khan to make the Al-Badar and Rejakar as armed forces. To give a legal framework to these groups, the Ansar Bahini has been restructured as the Rajakar Bahini. And among the people of Rajakar- Al-Badar- Al-Shams- Peace Committee, who were interested they have been designed as armed group and given salary.

Prosecutor: What was the duty of these Rajakar- Al-Badar- Al-Shams?

Witness: These troops moved with the Pakistan Armies in our sector- 8 and directed Pakistan Armies to the pathways to the places where the freedom fighters used to stay. They were involved with abduction, killing and to send the beautiful girls of the area to the Pakistan Army Camp. In the Chuknogor Area they have conducted a mass genocide. These sorts of genocide have been committed in the overall areas of Bangladesh, I have heard that. These occurrences have been committed by the Rajakar- Al- Badar- Al- Shams who were known as the associates of Pakistan Armies. At last on 14th December, 1971 they have killed a lot of intellectuals of this land. These sorts of occurrences have been led by Jamaat-e-Islami and the Islamic Chatro Sangha. Mr. Gholam Azam and his associates who were in the commanding position of the groups have committed these sorts of crimes against humanity. Mr. Gholam Azam was the main leader of these teams.

Zeyad Al Malum: Whether he is present in this court?

Witness: Yes, he is present. After the liberation war I have joined the Home Ministry as the Deputy Secretary.

Zeyad Al Malum: Did the Investigation Officer interview you?

Witness: Yes.

9 Jul 2012: Alim trial opening

Tribunal Two
Following the end of the morning session, the afternoon was set for hearing the opening statement into the trial of Abdul Alim.

Please note that between Mid-April (when the case was moved to Tribunal two), and 9 July (the beginning of the trial) no detailed notes of proceedings are available. However the key orders/ applications involving tribunal two in this period are set out below..

- Prosecution application for charge framing 

- Defence response 

- Tribunal order of Indictment

- Defence review application

- Tribunal order on review application

The Prosecutor Rana Das Gupta mentioned to the court that the defence could not go to all the places mentioned in the formal charge sheet to collect evidence. We have been to 3 places only.

Justice Obaidul Hassan asked why it has taken such a long time to present the case

Prosecutor Rana Das Gupta said that the prosecution had to prepare documents along with evidence collection and visiting of the spots. That is why we could not make it faster.

Justice Shahinur Islam asked the prosecutor to proceed.

Prosecutor Rana Das Gupta started to read out the opening statement from page one.

The war of independence gave us our national identity. But if we remember the role of the Shanti Committee, we cannot ignore the fact that it has an adverse effect on the nationals of Bangladesh. Shanti Committee through its activities pushed our national identity towards the religious fundamentalism and religious blindness. By destroying our nationality is such way, it has thus attempted to destroy our nation. The Shanti Committee along with the Pakistani Government has dishonoured the constitution of Bangladesh. My lord, it may seem irrelevant to the case but it is not. The defeated power of the war of independence is always against the freedom of our country. It is a sheer conspiracy against our future generation by them. We already know about the vicious fact that during the war of independence the Shanti Committee was engaged in genocide, rape, murders, loot and many other crimes.

Justice A.T.M. Fazle Kabir : Mr. Rana Das Gupta, please skip these pages and start reading from the point of national election.

Prosecutor Rana Das Gupta: My lord, I will skip the pages as you said but please do consider the unread pages as well.

If we focus on our national elections, we will find out that there has been conspiracy against Bangabondhu Sheikh Mujibor Rahman and his followers. The member of Shanti Committee and their companions have willingly served the Pakistani Army and helped them to oppress the Bangladeshi.

There are certain significant activities of the Shanti Committee that we can name, like-

1. They worked against Bangabondhu Sheikh Mujibor Rahman and his followers. They were against the independence of Bangladesh.

2. They formed Shanti Committee and misrepresented the national image of our country by committing unforgivable crimes during the war of independence.

3. During the war India was helping us but they considered India as rival.

4. They were against the freedom of our nation but they titled us as treacherous.

5. Their hostility was not limited within political rivalry but also expanded in the forms of several fierce crimes.

I am presenting the opening statement against Abdul Alim, former leader of Convention Muslim League and minister of the then Pakistan Government. He is a power political leader of Joypurhat Mohokuma, Bogura. He was also a minister of former BNP government. He was strongly against the Language Movement of 1952 and worked on behalf of Pakistan Government during the war of independence. We can find the proof from ‘The Daily Sangram’, October, 1971 that Abdul Alim was a powerful leader of Convention Muslim League.

Rana Dasgupta said the government issued proclamation against Alim under the Collaborators Act, 1972, and arrested him in March 1972. Through a government investigation it was proved that allegations brought against him for his activities against the liberation war was true, added the prosecutor. Even documents from the defence say that in March 1972, Alim was arrested for co-operating the Pakistani forces and he was released on bail in 1974.

He also worked as a minister from 1977 to 1981 in the time of Ziaur Rahman government. Before surrendering to the army in 1971, he was involved in several operations of Pakistani Army, for example ‘operation searchlight’. He as a leader of Convention Muslim League along with other defeated parties of the election of 1970, worked against the liberation of Bangladesh.

On 9 April, 1970 after the election the proposal to form ‘Nagorik Shanti Committee’ was raised. On 12 April, 1970 Shamsul Huda order to form Shanti Committee and on 15 April, 1970 the name of Shanti Committee was finalized.

Prosecutor Rana Das Gupta also mentioned the name of the book ‘Witness to Surrender’, written by Siddiq Salik. In that he wrote that the Pakistani Army had to depend on the cooperation of the local people and the only people that came forward was the rightist, the top leaders of Jamaat-e-Islam and Muslim League.

After that Prosecutor Saiful Islam started to read out.

The Shanti Committee helped the Pakistani Army during the liberation war by providing them electricity, telephone, accommodation and other facilities. The Shanti Committe has major contribution in forming Rajakar Bahini. By attacking the religious sensitivity, they tried to spread the revolt. They were encouraged by the Pakistani army to oppress the people of east Pakistan. They forced people to help the Pakistani army. They worked as an auxiliary force for the Pakistan government.

Prosecutor Saiful Islam mentioned a conversation between Henry A Kisinger and Mr William in Washington DC. In the conversation they were talking about the cooperation of the Shanti committee and Rajakar bahini during liberation war.

On 13 June, 1971 there was a news published in ‘The Daily Songram’ where it was said that to keep peace in the country we have to follow the way of guerrilla and the people of Rangpur were praised for opposing the Pakistani army.

Shanti Committee helped to form and find the member of the Rajakar Bahini and the proof is found in the government official documents of that time. One of the Captain of Pakistani army named Capt. Ijahar Hossain wrote that the Pakistani army helped to train the Rajakar bahini. In the Kolbagan field and Mohammadpur Physical Training Centre the Pakistani army gave training to the member of Rajakar Bahini and the duration of the training was 1 week to 1.5 week. Their recruitment and salary of the Rajakar bahini was monitored by the Shanti committee. The leader and followers of the then political party Jamat-e-Islami was also member of the Shanti committee and as they were involved in all those crimes (genocide, rape, loot etc.), we can call Jamat-e-Islami as a party of criminals.

Accused Abdul Alim in his own house in Joypurhat Mohokuma, Bogura district, set up training camp and recruiting centre for the Rajakar bahini. He formed Shanti Committee in Joypurhat and then he contributed in forming Rajakar bahini. Major Afzal and Abdul Alim had close relation and they together committed many crimes. Belated Shawonlal Bajlal was one of the richest businessmen in Joypurhat and in the 3rd week of April, 1971 Abdul Alim forced him and his family to leave the country. Then he captured his house, shops, rice terrace etc. and he also took his Volkswagen car. He also teased Soleman’s daughter who was an ayurvedic practitioner. On the 25th year of Pakistan there was assembly in the Altafunnesa moidan in Bogura and in that assembly he blamed the freedom fighter for creating chaos and warned that those who will disturb the peace of the country will not be relieved. He has tortured the freedom fighters.

On 6 March, 2011 the investigation officer Z.A. Altafur Rahman presented the investigation report. The investigation report, proof and statement of the witness were sent to this tribunal in January, 2012. There were 17 allegation charged against Abdul Alim. The allegations are divided into three type and they are genocide, to force people to immigrate and murder related.

The constitution of Bangladesh was amended in 1973 to authorize criminal prosecution of any person accused of “genocide, crimes against humanity or war crimes and other crimes under international law.” Bangladesh also enacted the International Crimes (Tribunal) Act of 1973 to establish a process for such prosecutions. War crime prosecutions have become common over the last decade or so, but in 1973 the people of Bangladesh were taking pioneering steps to prevent impunity for grave atrocities, steps that drew praise from the international community at the time. After the 40 years of independence the accused Abdul Alim’s crime is going to be revealed. His crime was versatile and it directly or indirectly interrupted the republican image of our country. If we do not punish the treachery of the accused, we will step ahead in the path of destroying our future generation. The accused cannot only be blamed for the crimes but also for organizing conspiracy against the nation. We have to admit them as criminals and their vicious crimes as punishable in order to save our history. And those who killed our national leader Bangabondhu Sheikh Mujibor Rahman they are against our national conscience.

We have presented the formal charges of this case in front of the court. And we know that after the liberation war these criminals (Rajakar, Albodor, Shanti bahini) hid for few days and then took the advantage of time and came out in daylight.

They have been an obstacle in establishing democracy.

They have created anarchy in the country after liberation war.

Apart from Sheikh Hasina’s time (Awami League government), there was no peace in the country.

They (the defeated power of liberation war) are creating incitement among mass people and have distorted our language and culture. They have directly opposed the liberation war. They have introduced the politics of religious blindness, politics of clash and vulgarity. They have deprived the mass people specially the women from their rights. They are like cancer for our nation.

From 1948 to 1973 the process of judging of genocide in Bangladesh was initiated from Nuremberg and it was improvised by including more war crimes with genocide. In 1948 the Genocide Convention took place. Again, between the Nuremberg trials in 1945 and the establishment of the International Criminal Tribunal for the former Yugoslavia in 1993, there were no examples of a legal institution trying crimes against humanity. In 1971 30 lach people were killed, 2 lach women were raped and 1 crore people as refugee went to India. In comparison to world’s other countries’ genocide, the judgement started after a long delay. Still the process of judging the criminals of World War 2 is going on. The gravity of the justice to this crime are-

- To save the future generation

- To bring peace in national life and not to let the criminal lead normal life

- The victim of liberation war deserve justice

- Those who helped the freedom fighters need to show profound respect

- If the criminals are not punished that will encourage crime

Prosecutor Rana Das Gupta : This is where our opening statement ends.

The opening statement was 42 pages in total.

Justice A.T.M. Fazle Kabir : The opening statement was well written and full of emotion. But I expect that both prosecution and defence will help us to be neutral.

Prosecutor Rana Das Gupta : Obviously My Lord.

Defence lawyer A.E.M. Khalilur Rahman: My Lord, I had a vital accident in 2010 and I am still taking treatment. It would have been great if the tribunal allow us with more time for preparing defence documents and list of witness.

Then A.E.M. Khalilur Rahman asked Prosecutor Rana Das Gupta whether he has any objection if the tribunal fix the next date after the holy month of Ramadan and Rana Das Gupta mentioned section 11(3) b which prevents the non-relevant delay of tribunal activities.

Defence Lawyer (junior) Tarikul Islam raised objection and said we want to inspect the mentioned picture of Abdul Alim with 26 people. The picture we have been given is not clear. One more thing is that our honourable Prosecutor Rana Das Gupta has called accused Abdul Alim ‘killer’, which he cannot say till the judgement.

Justice Obaidul Hassan : Prosecutor Rana Das Gupta brought the charge against him, he did not call him ‘killer’. What do you want to inspect specify it.

Tarikul Islam : The picture of Abdul Alim with 26 people.

Justice Shahinur Islam : You have to bring your prayer in the format of an application

Prosecutor Rana Das Gupta (to A.E.M. Khalilur Rahman): You have said that those 26 people are alive then what is the necessity of inspecting the picture?

A.E.M. Khalilur Rahman : My Lord, we will bring the application at the next hearing.

A.T.M. Fazle Kabir (to A.E.M. Khalilur Rahman): We are considering your physical inability and giving you the maximum time. If it would be someone else we would not allow this much time. Next hearing will be on 6 August, 2012. Please prepare your list of witness and other document.

A.E.M. Khalilur Rahman : Thank you My Lord.