28 May 2012: Nizami indictment 2

This is the final part of the indictment/charge framing order relating to Nizami. The first sections are on this page

Charges 

We Justice Md.Nizamul Huq, chairman, Justice Anawarul Haque and A.K. M Zaheer Ahmed Members of the International Crimes Tribunal-1, hereby charge you Matiur Rahman Nizami' son of late Md Lutfurr Rahman of village-Monmothpur, Police Station-Sathia, Disrict- Pabna, at Present House No 60 Road No 18 Banani Police Station- Gulshan, District-Dhaka as follows:

Charge no 1:  

That on 4.6.1971 Kasim Uddin the Head Moulana of Pabna Zia School, was arrested by Pakistan Army from "Moslem Kha Te Matha" as he was perceived to be a supporter of the campaign to free Bangladesh of Pakistani occupation, and a social worker; you intended to eliminate him and at you instigation, he was arrested. After arrest he was taken to the army camp at Nurpur WAPDA powerhouse in Pabna town, and there, in your presence' he was severely tortured. Later on 10.6.1971 he was taken to the bank of lsamoti River along with two other persons. Then they were fired at and all three were killed. You were clearly responsible for causing arrest, detention, torture and killing of the above victims and in this regard, commission of the crimes specified in section 3(2)(a) of the Act.

Through your above acts and commissions' you caused arrest detention, torture and murder of above victims as crimes against humanity specified in section 3(2)(a) of the Act and therefore you are charged under section 3(2)(a) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of' the Act"

Charge Number 2: 

That on 10.05.1971,you invited the inhabitants of village Baousgari Ruposhi primary school for a meeting where you made a speech telling the villagers that soon Pakistan Army will arrive there to secure "peace" in the area. Indeed, on 14.05.1971 at about 6.00/6.30 a.m. the members of Pakistan army arrived there along with the Razakars and Asad, your accomplice. They surrounded the villages of Baousgari Ruposhi and Demra and then picked up about 450 civilians who were all shot-at and killed. Those killed, amongst others, were [49 specific names set out] Before killing, the victims were compelled to stand together beside a large ditch. The entire operation was carried out pursuant to prearranged plan to indiscriminately eliminate civilians. Killings over, the army and Razakars then raped about 30-40 women, as a result of which, many of the rape victims were forced to Ieave the country and as such effectively deported to India as refugees. The said Razakars, composed of your followers, were organized under your direction. Your meeting at Baousgari Ruposhi Primary School on 10.05.1971, prima facie establishes that the said crimes of 14.05.1971 were pre-planned and commissioned with your knowledge, and that you were responsible for conspiracy, killing raping and deportation of the said civilian victims.

Through your above acts and commissions, you conspired to commit crimes under section 3(2)(g) of the Act, and caused murders, rapes and deportation of above victims as crimes against humanity specified in section 3(2)(a) of the Act, and therefore you are charged under section 3(2)(a) and 3 (2)(g) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge Number 3: 

From beginning of May 197!, as a reader of Islami chattra Shangha, you along with other leaders of Jamaat-e-Islami regularly paid visit to physical training institute, Mohammadpur, Dhaka, which was turned by Pakistan army into a training center for various auxiliary forces including Razakars and Al-Badar. The Center was used as a detention camp and torture center. It quickly earned notoriety and because mere utterance of its named chilled spine of the people in 1971 as it was a killing ground and victims were always killed after brutal torture. It was also a center where practical arrangements were made to eliminate victims, plan drawn and executed. As a chief of Al-Badar Bahini, during your visits, you also conspired there with the army officers in order to commit different international crimes against the Bengalis, as a result of which throughout the country the auxiliary forces and the Pakistan army committed different international crimes. Your visits to the torture and killing ground at the physical training Institute, Mohammadpur, Dhaka as leader of Islami Chattra Shangha and AI-Badr Bahini to conspire to commit crimes under section 3(2)(g) of the Act, confirmed and clearly demonstrate your complicity to the international crimes committed there.

Through your above acts and commissions, you conspired to commit crimes under section 3(2)(g) of the Act, and were complicit in torture, murder and rape committed there, and also for the trainings glven to auxiliary forces who went on to commit further crimes of torture, murder and rape constitute crimes against humanity specified in Section 3(2)(a) and 3(2)(h) of the Act, and therefore you are charged under section 3(2)(h), section 3(2)G) and section 3(2)(a) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge Number 4: 

That along with a group of Razakars you went to the village Karamja and reminded the villagers that they will face consequences for not voting in your favor in the last election. Then on or about 24/25 ApriI, 1971 on your direction and planning, you and others, along with local Razakar Afzal with help of other Rizakers, killed Habibur Rahman Sarder of Purbo Karanja at the bus stand allegedly for helping the freedom fighters. Thereafter, sequence to your same plan, in early morning on 08.05.1971, member of your Al-Badar Bahini, Rafikunnabi Bablu along with Razakars reached the village Kalantja with Pakistani military forces and surrounded the house of Megha Thakur, and started indiscriminate firing. Eventually, 1) Megha Thakur, 2) Sosthi Halder, 3) Adu Halder, 4) Karu Thakur, 5) Kartik Haldet, 6) Suresh Chandra Halder, 7) Deju Halder 8) Mohammad Fakir Chand 9) Santi Halder and 10) Murali Das were detained. They were directed to stand on a queue and then shot at and killed. Tara Halder was injured and he somehow managed to escape. Later. on, members of the Pakistani military forces with the help of Razakars Asad, Muslem and Afjal raped Shebani, the daughter of Megha Thakur son's wife and two other Muslim women. After departure of the Pakistani Army, the Razakars looted the belongings of Megha Thakur and destroyed the house of Wahud Pramanik by setting it on fire.

Thus, through your above acts and commissions, you conspired to commit crimes under section 3(2)(g) of the Act, and were complicit in murders, rapes, looting and destruction of properties committed in the village Karamja that constitute crimes against humanity as murder, rape and persecution specified in section 3(2)(a) and 3(2)(h) of the Act and therefore you are charged under section 3(2)(h), section 3(s)(g) and section 3(2)(a) read with section 4(1) and section 4(2) of the Act which is punishable under section 20 (2) of the Act.

Charge Number 5: 

That at about 11.00 a.m. on 16.4.1971 with your help, your associates and pakistan military forces attacked villages Arpara and Vutergari under Ishwardi Police Station and killed 21, unarmed civilians including 1) Hafez omar Ali, 2) Abdur Rab, 3) palan Sheikh, 4) Ahad sheikh, 5) Hafez omar Sheikh, 6) Abdur Rab shiekh ,7) Jabbar Shiekh, 8) Jindar Sheikh, 9) Seraj Sheikh, 10) Sabir Sheikh, 11) Fatik sheikh, 12) Nijamuddin Mollik of village arpara 13) Rustom Ali Mrida, 14) Jafor Mal, 15) Abdul Gafur Mat, 16) Waj pramanik, 17) Asim uddin pramanik, 18) Kasim uddin pramanik of village vutergari and 19) Ayej Fakir, 20) Reju Sarder of viliage patsra khali and Kulsum Baoa of village Naricha. Many others too were killed, houses looted and then destroyed by fire.

Through your above acts and commissions, you were clearly complicit in murder and persecution of above victims as crimes against humanity specified in section 3(2)(a) and 3(2)(h) of the Act, and therefore you are charged under section 3(2)(h), section 3(2)(a) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the 'Act.

Charge Number 6: 

That at about 3.30 a.m. on 27.11.1971, you along with Razakars and members of Pakistani military forces raided the house of Dr. Abdul Awal and other adjacent houses in the villages Dhulaura, on the pretext to find out freedom-fighters. At about 6.30 a.m. you along with your accomplice Razakars and members of Pakistani military got hold of number of men, women and children, and brought them to the field of Dhulaura School. Then they were shot at indiscriminately resulting in murder of about 30 persons. After departure of members of Pakistani military, you along with your accomplices Razakars caught 22 other persons who survived from the hands of Pakistani military and took them to the bank of river Isamoti. All of them were bayoneted and killed. All the victims of this operation were unarmed civilians.

Through your above acts and commissions, you were clearly involved in and responsible for murder of above victims as crimes against humanity specified in Section 3(2)(a) of the Act and therefore you are charged under section 3(2)(a) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge Number 7: 

That after midnight on 31.2.1971, on receiving information from you and the Razakars, the Pakistan Army surrounded the village Brishalikha and arrested Sohrab AIi from his house at about 5.30 in the morning. He was brought on to the road and tortured inhumanly, and asked questioned about whereabouts of his son Mohammad Abdul Laif Selim. Failing to extract information, he was shot-at and killed in presence of his wife and children.

Through your above acts and commissions, you were clearly complicit in torture and murder of the above victim as crimes against humanity specified in Section 3(2)(a) and 3(2)(h) of the Act and therefore you are charged under section 3(2)(h), section 3(2)(a) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act. Charge

Charge Number 8: 

That on August 30, 1971, you as president of Isrami chattra Sangha and Head of the Al Badr Bahinid, accompanied by Ali Ahasan Mujahid, secretary of the East Pakistan Islami chattra sangha, visited the Army Camp at the old MP Hostel in Dhaka, where you verbally abused detained Jalal, Bodi, Rumi, Jewer and, Azad. You told the Pakistani captain there to kill all of them before the president declares the general amnesty. Subsequently, except one, all of them were killed following your suggestion.

Thus through your above acts and commissions, you have committed the crime of murder of the above victim as crimes against humanity specified in Section 3(2)(a) of the Act, and therefore you are charged under section 3(2)(a) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge Number 9: 

That on 31.12.1971, based on information supplied by you and the Razakars, the members of Pakistani military, past midnight surrounded the village Brisharikha. After committing other crimes in the village, and in order to destroy in whole or in part the members Hindu rerigious group, with your help, members of pakistani military and the Razakars killed (1) Profulla, 2) Vadu, 3) Manu 4) Sosthi pramanik (5) Gyanendranath Hawlader, (6) Paltu and in total about 70 Hindus. AIso 72 houses of the village were set alight and destroyed.

Through your above acts and commissions, you have committed the crime of genocide as you intended to eliminate the above victims and others, in whole or in part, members of Hindu religious group as crime of genocide specified in section 3(2)(c)(i) of the Act and crime of persecution as crimes against humanity under section 3(2)(a) of the Act and therefore you are charged under section 3(2)(c)(i) and section 3(2)(a) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge Number 10: 

That at the start of the liberation war, Onil Chandra Kundu along with his parents, brothers and sisters left the country and went to India as refugee for safety. However, in august 1971, he came back to his village Sonatala under police station Sathia. You obtained information that he allegedly was taking part in liberation war; on your direction, the local razakars destroyed their house and many other houses by setting on fire.

Through your above acts and commissions, you have thus committed the crime of persecution as crimes against humanity specified in section 3(2)(a) of the Act, and therefore you are charged under section 3(2)(a) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge Number 11: 

That on August 03,1.977, during a meeting of the Chittagong City unit of the Islami Chatra Sangha held at the Muslim Institute of Chittagong, you as the President of the Pakistan Islami Chataa Saflgha and the person holding all powers over fronts and subsidiaries opened by the Istami Chattra Sangha, stated that Pakistan was the house of Allah. You stated that Allah had protected Pakistan repeatedly and would do so in the future as well. Furthermore, you went on to say that there was no power on earth that could destroy Pakistan. You stated that Allah had taken custody of Pakistan through the Pakistan Army. Through this speech invoking almighty Allah you intended to exploit religious sentiment of the people and incited the innocent and pious Muslims to commit crimes by acting against the Bangalees who were struggling to oust Pakistani occupation and auxiliary forces from Bangladesh. Pursuant to your such incitements, Islami Chattra Shangha, Al-Badar, Razakars and others carried out numerous widespread and systematic attacks throughout the country resulting in murder, torture, raping of civilians. Moreover, during the above-mentioned meeting, Abu Naser, the President of the Chittagong university unit of Islami chattra Sangha stated that there would never be any unity with Hindus as created a separate country Pakistan at the cost of the sacrificce of twenty lakh lives, You presence and silence during such an inciting hateful speech confirms your intention to incite.

Through your above acts and commissions, you have thus committed the crime of incitement specified in section 3(2)(f) of the Act, and therefore you are charged under section 3(2)(f)read with section 4(1) and section 4(3) of the Act which is punishable under section 20e) of the Act.

Charge Number 12: 

That on August 22, 1,977, you during a speech given at a meeting organized in remembrance of Al Madani held at the Islamic Academy Hall, you stated that taking revenge for the Al Madani’s blood would only prove their respect for AI Madani. You further stated that the taking of such revenge would only be possible by uprooting the enemies of Islam. You cautioned the audience by stating that the history of Islam was not only about people losing their lives, but were also about the destroying of Islam's enemies and the becoming of martyrs and upholding the principles of Atlah. You clearly stated that those persons who wanted a separate pakistan were also those very persons who wanted to uproot Islam from Pakistan. You mentioned that the enemies . of Islam had taken up arms and urged everyone to follow the path left by Madani and dive into Jihad. This speech given by you sorely intended to gravely incite minds of innocent people, members of your political Party to go after an eliminate those who are struggling to free Bangladesh from Pakistani occupation, terming them as enemies of Pakistan and thus commit crimes under section 3 (2) (f)of the Act.

Thus through your above acts and commissions, you have committed the crime of incitement specified in Section 3(2)(f) of the Act, and therefore you are charged under section 3(2)(f) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge Number 13: 

That on September 08, 1971, during your speech given the Arts Building premises at a gathering of students organized by the Dhaka City unit of Islami Chattra Sangha on the occasion of the Defence Day, you stated that all members of the Islami Chattra Sangha were fully - committed to protecting every single inch of their country. You further stated that such members were even prepared to strike on the main land of India for the sake of protecting Pakistan and urged the authorities to grant permission to the members of the Islami Chattta Sangha in this regard. You stated that the main enemy of Pakistan was India and undertook oaths of all those present that they would eliminate the persons who were collaborating with India. This was a highly inciting speech made you intended to affect innocent people to incite them and members of your political party to take revenge and eliminate those struggling to flee Bangladesh from occupation of Pakistani military forces who you consider collaborate with India and as such, target of attacks and commission of, crimes under the Act.

Thus through your above acts and commissions, you have committed the crime of incitement specified in Section 3(2)(f) of the Act, and therefore you are charged under section 3(2)(f) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge 14:  

That on September 10 of 1971, you gave a speech addressing Razakars at the Jessore district Razakar headquarters during which you urged the Razakars to be fully aware of their holy duties at this tirne of national crisis by emphasizing upon verses 1.1,1. and. 112 of surah Toubah of the Holy Quran. These two verses meant that AIIah had surely purchased the life and soul from pious people in exchange for which there was heaven and that it was the duty of those pious persons to fight along the path set by Allah during which they would get killed and sometimes be kined. By quoting the holy Quran and invoking religious sensitivities, you incited the members of the Razakars to take revenge and eliminate those fighting to free Bangladesh from pakistani occupation, and thereby to commit crimes under the Act.

Thus through your above acts and commissions, you have committed the crime of incitement specified in section on 3(2)(f) of the Act and therefore you are charged under section 3(2)(f) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge Number 15: 

That during the period of liberation war, you frequently visited the Razakar camp situated at Sathia Pilot High School and conspired with the Razakar commander Samad Miah at his office to commit crimes. As a result such conspiracies, those Razakars have committed different crimes under the Act in the locality and you had complicty in those offences. Thus through your above acts and commissions, you have .committed the crime of conspiracy to commit crimes specified in section 3(2)(g) of the Act and were complicit in crimes committed under section 3(2(h) and therefore, you are charged under section 3 (2) (g), and section 3(2((h) read with section 4(1) and section 4(2) of the Act which is punishable under section 20(2) of the Act.

Charge Number 16:  

That throughout the period when crimes under section 3 (2) of the Act were committed in Bangladesh, you as President of Islami chattra sangha and Head of infamous Al-Badar, an auxlliary force, that committed said crimes all-over Bangladesh under the Act over the period, but when defeat of Pakistani occupation and auxiliary forces were imminent, your organisation Islami Chattra Sangha and Al-Badar mounted Gestapo like attacks to devoid Bangladesh professionals and intellectuals, amongst others, and launched mortal blow to free and independent Bangladesh, by selective elimination of respected professionals and intellectuals, found their homes, dragged out, often blind-folded, tortured, murdered and their bodies then dumped in mass graves and other places. Such attacks were largely carried out on or around 14 December 1971, hours before victory of Bangladesh from occupation of Pakistani and auxiliary forces. These well orchestrated and finely executed plans to eliminate a group of individuals who were all members of a national, ethnic and racial group.

Through your above acts and commissions, you have committed the crime of genocide as you intended to eliminate the above victims and others, in whole or in part, as members of national, ethnic and racial soup as crime of genocide specified in section 3(2)(c)(i) of the Act and therefore you are charged under section 3(2)(c)(i), read with section 4(1) and section 4(2) of the Act which is punishable under section 20 (2) of the Act

Thus, you have committed the offences, under different provisions of section 3(2) and section 4 of the Act which are punishable under section 20(2) of the Act and within the cognizance of this Tribunal. And we hereby direct you to be tried by this tribunal on the said charges.

You have heard and understood the aforesaid charges.

Are you guilty or not-guilty? Ans. Not guilty.

Nizami then made the following statement (summary)

Your honor; I would like to state it in clear terms that I’ve no other involvements than in politics in the 1971 war. If the power was transferred as per the election of 1970 to the elected people, in that case certainly this tragic incident would not been happened. Jamaat-e-Islami has never created any obstacles in transferring the power; this has only been done by Mr. Julfiquar Ali Bhutto. We are in no way involved with the incidents of genocides and other activities which are titled as crimes against humanity. I was the only son of my parents, but I didn’t visit my village to visit them in the period of war. All the incidents stated there in the charges are totally fake in the history of time.
195 has been freed not because of political reason but because of satisfying the leadership of Mr. Bhutto. In 1974 Mr. Bhutto has visited Bangladesh and received a splendid reception.  

Chairman, you have been on Haj. This is not the place of final judgment, we all have to face the final judgment day of the Almighty Allah. Hearsay would not be counted as evidence in a case.

Justice Nizamul Huq: You have to finish. Your consul will defend your case. And you will get the chance to talk afterwards. Now it is only the stage to say whether you are guilty or not.

Motiur Rahman Nizami [Accused]: I pray to the Almighty for all of your welfare. [He recited some verses from the Holy Quran.]

The chairman then continued reading out his order

The charges are read over and explained to the accused on dock who pleaded not guilty and claimed to be tried. 

To 01.7.2012 for opening statement of prosecution and examination of prosecution witnesses. The trial shall be continuing on every working days until further order. The defence counsel is also directed to submit a list of witnesses, if any along with four sets of documents thereof, which the defence intends to rely upon by the date fixed.

28 May 2012: Nizami indictment 1

The hearing started with tribunal chairman reading out the following order (copied from the written order). It is divided into the following sections

- introduction

- historical context

- the accused

- procedural history

- submission by the prosecution and defense

- charges.

Below are the first five sections. The charges are on a separate page. The defense written application argued prior to this order can be found here.

Accused Motiur Rahman Nizami has been produced in this Tribunal by the prison authority. Today is fixed for passing order on charge matter and as such the record is taken up for order. Before passing the ordet we want to provide a brief background and context of the case, its history and the arguments put forward by both the prosecution and defence before this Tribunal.

Introduction 

International Crimes Tribunal-I (heteinafter referred to as the "Tribunal') was established under the Intrnational Crimes Tribunals) Act,1973 (hereinafter refetted t6 as the "Act) to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity, war crimes, and crimes under international law committed in the territory of Bangladesh. This Act was enacted to try the international crimes committed in Bangladesh in 1971 by Pakistan Army and auxiliary forces. This is a case bearing considerable signifi.cance for the people of Bangladesh as well as for the victims of international crimes committed in Bangladesh during the Liberation War, particularly between 25th March and 16th December 1971. As such, it is a significant moment in the legal history of Bangladesh when we are entrusted with the task to address the matter of framing the chatge involving international crimes under Section 3(2) of the Act.

Historical Context: 

[This section is almost identical to the one relating to Gholam Azam, see here)

The Accused 

The accused Motiur Rahman Nizami was born on 31.03.1943 in village-Monmothpur, Police Station-Sathia, District-Pabna. In his early life he studied in Boalmari Madrasha at Sathia and passed his Dakhil examination in 1955, then he passed lIim examination in 1959 and Fazil examination in 1961. He got his Kamil degree in Fiqh from Madrasa-e-Alia in Dhaka in 1963. He also got his graduation degree as private student in 1967 from University of Dhaka. During war of liberation he was the president of Pakistan Islami Chatra Shangha the student wing of. Jamaat-e-Islami and also the chief of Al-Badars, an auxiliary force, most of the members of which were members of peace committee and Islami Chatra Shangha. He joined Jamaat-e-Islami after completion of his student life and he was Ameer of Dhaka city unit as well as member of central executive committee of Jamaat-e-Islami from 1978-1982. He was also assistant secretary general of Jamaat-e-Islami from 1983 to December, 1988. He became the secretary general of the said party in December, 1988 and he remained their till 2000, then he became the Ameer of Jamaat-e-Islami in 2000 and he is still continuing that post. He assisted Professor Golam Azam in forming the Shanti Committee, Razakars, Al-Badar, AI-Shams etc. He was elected member of parliament in 1991 and was the leader of parliamentary party of Jamaat-e-Islami from 1991 till 28 December 1994. He was also elected a member of parliament in 2001 and he became the minister of the ministry of agriculture from 2001-2003 and thereafter, he was minister of the ministry of industries from 2003-2006.

Procedural History:  

The investigation agency established under the Act began investigating the accused for crimes committed in 1971 on the basis of the complaint registered as serial no. 1, dated 21.7. 2010. During investigation upon an application filed by the prosecution, the Tribunal vide order dated 02.08.2010 passed in ICT-BD Misc. Case 01 of 2010 showed him arrested in connection with the instant case. During investigation he was also interrogated by the investigating officer in safe home vide order of this Tribunal. Since his arrest the Tribunal has disposed of a number of bail petitions which were disposed of in accordance with law. In addition on the prayer of the accused, the Tribunal directed the relevant authorities to ensure better treatment of the accused in the hospital as desired and also directed the concerned authorities to provide him with 'heath friendly'' transportation while transporting the accused from prison to hospital and this Tribunal.

After completion of the investigation the investigating officer submitted the investigation report to the chief prosecutor and on the basis of that investigation report evidence of witnesses and documents received and collected during investigation, the prosecutors prepared the formal charge and submitted it on 17.12.2001 to this Tribunal. Upon perusal of the formal charge the Tribunal took cognisance on 09.01. 2012 - against the accused Motiur Rahman Nizami under section 3(2), 4(1) and 4(2) of the Act. Then this Tribunal fixed for hearing on the matter whether charge will be framed against the accused or not. The learned prosecutor Mr. Syed Haider AIi and Md. Altaf Uddin Ahmed made elaborate submissions on behalf of the prosecutions while the learned defence counsels Mr. Abdur Razzak and Mr. Tajul lslam made elaborate submissions on behalf of the defence. The defence also filed an application for discharge of the accused from the case. In following paragraphs we surmarise the submissions with the views of the Tribunal on the point whether charges will be framed against the accused and if framed, then on which counts.

Submission by the prosecution and the defence: 

The learned prosecutor Mr Syed Haider Ali at the outset of his submissions drew our attention to atrocities and crimes committed by the Pakistan Army, its auxiliary forces and supporters including the ties, who actively collaborated with the Pakistan Army during the liberation war of 1971 in Bangladesh. It was submitted that the accused was the president of Islami chatra Shangha, the student wing of Jamaat-e-Istami, and that he was personally involved in conspiracy and. planning as well as in incitement and complicity to commit international crimes, and in crimes against humanity proscribed under section 3(2) of the Act. As President, he had superior status over the leaders, members and followers of his party and also gave orders, permissions or acquiesced in commission of crimes. He was involved in planning to perpetrate crimes and execution thereof with the leaders of Jamaat-e-Islami and through them with the Pakistani Army and Authority. Moreover, he failed to discharge his superior status obligations to maintain discipline or exercise control or supervise the actions of subordinates while they committed such crimes and failed also to take necessary measures to prevent the commission of such crimes. Instead, he incited those acting under his authority, followers and others, to commit further crimes. He never restrained his followers and took any effective step to halt the crimes unleashed. It was further submitted that the accused was even personally involved in the commission of the offences which comes under the purview of section 3(2) of the Act.

It was also submitted that the documents collected during investigation and statement of witnesses established beyond reasonable doubt that the allegations narrated in the formal charge were indeed committed by the accused, and in proving the same, they have ocular, documentary and other evidences to establish the offences mentioned therein committed during independent war of 1971. The offences of which the accused is liable to be charged and his superior status liability are adequately defined in the Act in sections 3(2),4(1) and,4(2) and that the accused should be charged accordingly.

On the contrary, the learned counsel for the accused Mr Abdur Razzak, by filing an application on 22.03.2012 to discharge the accused emphatically argued that the purpose to enact the Act and establish the Tribunal was to prosecute only 195 prisoners of war who were all members of Pakistan while for the trial of others, the Collaborators order 1972 was promulgated pursuant to which many alleged collaborators were arrested, some of them tried and convicted. He submitted, that the said 195 prisoners of war, subject of the Act and the Tribunal, were given clemency by the government of Bangladesh, released and sent to Pakistan. When the principal and original offenders had been let go, he argued, that others who supported, collaborated, abetted cannot thus be tried for the commission of the same offence. It was further argued that the prosecution of Motiur Rahman Nizami has been for mala fide purpose in that only when Jamaat Islami did not extend political support to the present government, did the government moved against the Jamaat-e-islami leaders including the accused. As such he contended its being a clear case of mala fide and for collateral purposes and therefore the proceedings against Motiur Rahman Nizami is not sustainable in law. It was further contended that they have observed executive interferences affecting the trial because of which the process cannot continue. Moreover, trial also cannot proceed because the prosecution has not furnished reasoning as to why it has taken 40 years to start the proceedings, and in absence of such statement explaining the reasons for delay, fair trial demand that proceedings should not be allowed to continue. Mr. Abdur Razzak further submitted that in the formal charge, 15 counts of charges have been mentioned but on perusal of all the charges, it is clear that no prima facie case has been made therein and no relevant evidence has been provided with respect to any accusation, and maintained that not a single count speaks of an offence as such the accused should be discharged. He then placed before us that they do not deny that international crimes were committed during the war of liberation in 1971, but they assert that accused Motiur Rahman Nizami did not commit any of such crimes.

Finally, Mr Razzak assailed holding of the trial under the Act on the ground of established principle of criminal law; the principle of non retrospectivity, in that he submitted the offence was allegedly committed in 1971, whereas the Act was enacted in 1973, after alleged commission of crimes, and as such, the whole trial process is barred by law. The trial should have been held under laws which were prevailing in 1971 since the alleged crimes were committed in that year.

In response, the learned prosecutor submitted that at this stage of the process, as to whether charges will be framed or not, the submissions of the learned counsel of the accused are not relevant. He maintained that the Tribunal has to consider the formal charge, the statement of witnesses and other materials to decide as to whether there are materials to frame charge. Upon perusal of the formal charge, statements of the witnesses recorded by the investigation agency and the documents ' submitted therewith, if the Tribunal is of the opinion that there are sufficient materials that the accused has committed an offence under the Act, only then the charge will be framed, otherwise the accused shall be discharged. He further submitted that the offences being adequately defined and the allegations made in the Formal charge being not vague, rather definite and clear, a prima facie case against the accused person has thus been established. He further submitted that on perusal of the Act, it cannot be said that it was enacted to try and prosecute only 195 prisoners of war. Even if this argument is accepted that the Act was promulgated for trial of 195 prisoners, still then there are no bar to try any other Persons under the Act since section 3(1) categorically states that "A Tribunal shall have power to try and punish any individual or group of individuals, or any member of any armed, defence or auxiliary forces irrespective of his nationality, who commits or has committed in the territory of Bangladesh, whether before and after the commencement of this Act, any of the crimes mentioned in sub-section 2". He said, the amendment made in the Act in 2009 extending its jurisdiction to individual or group of individuals have been added which has further made it clear that not only the 195 prisoners of war but anyone who has committed the said offences as mentioned in section 3(2) of the Act would come under the purview of the section 3(1) of the Act and can be tried by this Tribunal. He maintained the trial has to be concluded on the basis of the Act as it stands today.

He further submitted that Collaborators Order was for trial of persons who allegedly collaborated with the Pakistan Army during 1971 liberation war. All offences mentioned in the schedule therein are offences of Penal Code but this Tribunal has to try those persons who have allegedly committed offence of section 3(2) of the Act which are not offences of the Penal Code and as such there is no bar holding trial of this accused under the Act. He argued when the Tribunal has duly taken cognizance based on prima facie evidence found against the accused, the Tribunal should proceed to charge the accused. He further submitted that the question of clemency of 195 prisoners of war has no bearing to this process and cannot act in any way to bar the trial of this accused and as such this argument also does not stand. Then he submitted that whether the accused is the principal or main offender or that he only abetted has to be settled in trial and therefore the submission that when main accused have been released, the trial of the abettors cannot be held also does not stand. Moreover, abetment itself is an independent offence in this Act. He further submitted that the prosecution of Motiur Rahman Nizami is not at all mala flde and/or for political purpose as the prosecution has proceeded only after completion of investigation by the Investigation Agency that found materials of his involvement in the atrocities committed during 1971 and submitted report to the prosecution. The prosecution then submitted the Formal Charge on the basis of the investigation report and other materials. He submitted, the question of malafide is a mixed question of fact and law and before examining witness, the accused cannot be discharged on the ground of mala fide. He pointed out that the question of non- retroactivity having been discussed and decided by this Tribunal in two earlier cases of Delwar Hossain Sayeedi and Salahuddin Quader Chowdhury resulting in rejection of the pleas of the accused persons, the same pleas cannot be considered as the issue has been conclusively decided. Finally, he submitted that the 15 counts submitted by the prosecution in the formal charge are all, well founded allegations and whether there are evidence or not in support of those counts is a matter of evidence and cannot thus be decided at this moment, and therefore the discharge petition filed by the accused is liable to be rejected and charge may be framed against the accused. He urged the Tribunal to frame charge against the accused upon perusal of the Formal charge, the statement of witness and other materials submitted.

We have heard the learned counsel for the accused and also the learned prosecutor and perused the materials on record. As regards the submission that Act was enacted to try 195 pakistani prisoners of war and collaborators order was promulgated for trial of other persons, and that as such the trial under the Act for a non-military person is not legal we are of the view that the Act is very clear in this regard. It was enacted to provide for detention, prosecution and punishment of persons for genocide, crimes against humanity war crime and other crimes under international law and that any individual or group of individuals, or any member of any armed defence or auxiliary forces, irrespective of his nationality, who commits or has committed in the territory of Bangladesh whether before or after the commencement of this Act, any the crimes mentioned in the Act, could be tried. It is a fact that initially 195 prisoners of war were screened out for trial but the Act does not indicate that other persons who committed the said offences cannot be tried. After the amendment made in 2009, where individual or group of individuals were brought under the Act’s jurisdiction, making it further clear that any person who is alleged to have committed offences could be tried under this Act and as such, on this basis, the trial can be held under the Act. The collaborators order, on the other hand, was promulgated to try the collaborators for committing different offences of Penal Code. And as such it cannot be said that the accused being a Bengali cannot be tried under this Act as the allegations arc clear and comes under the purview of section 3(2) of the Act and not under the Penal Code under Collaborator’s Order.

With regard to the clemency extended to the 195 prisoners of war, it is stated that the said clemency if at all, apply only to the said prisoners of war, and not to others. Moreover, this clemency given to the prisoners of war does not in any way debar the trial of the present accused in any manner. And in regard the submission that when principal perpetrators have been released, the associates cannot be tried does not also stand because it is evidence and evidence alone that will determine who was the principal offender and who was an associate. Moreover, abetrnent has been made a specific and independent offence in the Act and on this ground alone, the preferred argument on this point also does not stand. Mr Razzak further argued that the proceeding against the accused Motiur Rahman Nizami is mala fide and for political purpose. In this case, there is no allegation that the accused is being tried as Amir of Jamaat-e-Islami. Rather we are trying to determine whether the accused Motiur Rahman Nizami has committed any offence under section 3 (2) of the Act. On the question of this case being mala fide, which is a combination of both fact and law, this cannot be determined without taking evidence. If on evidence it is found that this proceeding is mala fide proceeding then the accused will be released but it cannot be said at this stage that the proceeding is a mala fide one and the accused is to be released. Mr Razzak also submitted that the proceeding was been interfered by the executive and since it is being held after 40 years, he cannot be tried. In criminal proceedings, time is not a bar. We are to find only if the accused has committed any offence under this Act 40 years and that is dependent on evidence. Regarding the executive interference, we note here that we are receiving news reports from different corners in favour as well as against the proceeding, but such reports do not and cannot in any way influence this Tribunal and as the Tribunal is an independent entity and is proceeding with this case independently and without any influence from any quarter, this point cannot come in aid of the defence. Mr.Razzak then submitted that in 61 counts mentioned in the formal charge, no prima facie case is made out. We have gone through the different counts and cannot find that the submission of Mr. Abdur Razzak possesses any substance. The allegation against the accused is that he has conspired with the occupation forces, planned, incited and was also complicit and responsible for the commission of crimes in 1971 by making speeches, giving directions, making press comments and by meeting with heads of different civilian and army administration and also he was personally involved in the crimes mentioned in section 3(2) of the Act and thus the submission that no prima facie case is available does not carry any weight.

With regard to retrospectivity of the offence, in the earliest orders passed in the case of Mr. Delwar Hossain Sayeedi and Salahuddin Qader Chowdhury, we discussed elaborately on this particular issue and concluded that the trial can be held for offences committed in 1971 under this Act. And now we do not intend to repeat those discussions in this order. As such Motiur Rahman Nizami can also be tried under this Act of 1973 for commission of offence in 1971. The word individual or group of individuals were included in 2OO9. We determined in the case of Salahuddin Qader Chowdhury that if a person can be tried for the offence committed 1n 1971. by the Act of 1973 then he can also be tried for the offence committed in 1971 by the Act of 1973, amended in 2009. As such the question of retrospectivity does not arise here for the purpose of debarring the trial of Motiur Rahman Nizami under the Act Mr. Razzak has further placed some reported decisions of our national courts as well as from the foreign jurisdiction in support of his submissions. Those decisions or similar decisions have been considered by this Tribunal earlier and we arrived at those findings in the case of Delwar Hossain Sayedee and Salahuddin Qader Chowdhury. Moreover, we have observed that if after taking of evidence we find that it requires reconsideration of all these findings, then, we will consider them. We have already found in the two earlier cases that the definitions of the crimes in this Act are quite clear and complete without any ambiguity. The crimes under the Act are adequate in all respect and therefore it is not necessary to visit with recent notions developed by the statutes of various international Tribunals. As regards nexus between armed conflict and crimes against humanity, we are of the view that the notion of armed conflict with crimes against humanity is not required under the Act.

In view of the above discussion, we are of the opinion that the discharge petition filed by the accused Motiur Rahman Nizami bears no merit in the eye of law and thus is liable to be rejected. We have perused the formal charge, other documeents and statements of witnesses upon which the prosecution intends to rely upon and considered the submissions made by both the sides on those materials. We are of the opinion that there are sufficient grounds to presume that the accused Motiur Rahman Nizami has committed offences under section 3(2), 4(1) and 4(2) of the Act and as we find that there is prima facie case against the accused, charges will be framed against him in the following manner:

13 May 2012: Golam Azam Indictment 3

This page sets out the remaining part of the indictment: charge 4 (conspiracy) and charge 5 (crimes against humanity) against Golam Azam. To read the first section of the indictment (Introduction, History, the Accused, Prosecution and defense arguments) and to read the second part (charges 1, 2 and 3)

Charge No 4:
That on 04.04.1971, you were part of a 12 member team consisting of Nurul Amin, Maulavi Farid Ahmed, Khawaja Khayer Uddin, AKM Shafiqul Islam, Maolana Nuruzzaman, Hamidul Huq Chowdhury, Mohsinuddin Ahmed, Advocate AT Sadi and others met with Lt. General Tikka Khan, the Chief Martial Law Administrator of the "Kha" Zone of occupied Bangladesh at the Governor House of Dhaka. This meeting was held at such a time when large scale genocide had already been committed through 'Operation Searchlight' on March 25 and that the Pakistan Army had already committed many crimes against the common people for almost nine days. Your presence in that meeting not only demonstrates your acquiescence to all the crimes committed throughout the country from March 25 to April 4, but your offering of 'purno shohojogitar ashash' to the Pakistan Army demonstrates your complicity in the all subsequent above-mentioned crimes committed in 'Bangladesh. 

And

On 06.04.1971, as Ameer of Jamaate-Islami, you held an one to one meeting with Lt. General Tikka Khan, the Chief Martial Law Administrator of the "Kha" Zone. and extended 'purno shohoiogitar protrsruri' with the goal to bring back 'shabhabik obostha' in the country. In the meeting, you expressed concern over 'Pakistaner abbhontorin beparey Bhatoter hostokkhep' and 'Pakistaner shoshosro onuprobeshkari preron'. You assured that the patriotic citizens of the country would assist the Pakistan Army, to frustrate the on going conspiracy 'shorojontro nosshat korar jonno shoshostro bahinike shohayota koribe' indicating vour complicity in all above-mefltioned crimes committed in Bangladesh.

And

On 09.04.1971", the Shanti committee was expanded to a 140- member body where you held the third position while Khawaja Khayeruddin was nominated as the Convenor of this Committee. The constitution and control of the local Peace Committees at the Union, Moholla levels was vested on the said Central Peace Committee. The goal of the Peace Committee was to assist in attacks on the common people of Bangladesh and the commission of above-mentioned crimes. As a leader of Shanti committee, set-up to commit crimes, you are complicit in commissioning of all the above mentioned crimes. 

And

With the intent to conduct its criminal activities more efficiently and extending the organlsations activities throughout the country, on 15.04.1971, the name of the 'Nagorik shanti committee' was changed to 'Kendriyo Shanti Committee'. A 21-member Executive Committee was also formed of which you held third position. A decision was taken to form units at the district and sub-division levels to execute the plans of the committee. The other members of the Conrmirree were. [20 names mentioned]. You were one of the main leaders of the Executive Committee of the said Central Peace Committee and since the objective of Shanti Committee was to assist the Pakistan Army to commit crimes and since the Committee itself played a role in the execution of the plan to commit crimes, your complicity in all the above-mentioned crimes committed are clearly demonstrated.  

And

You met with Jamaate-Islami leaders at Jessore, Khulna and Dhaka’s Mirpur, Lalbagh, Chawk, Lalmatia and Thataibazaar as part of your tour of various parts of Bangladesh during which you took part in a series of meetings and gave speeches. During such meetings you and other leaders of Jamaate-Islami praised the Pakistan Army and stated that the Army had saved the country at a moment of crisis. You also expressed satisfaction stating that the local people of East Pakistan had also assisted the Pakistan Army. Such praising of the Pakistan Army indicate your complicity in the above-mentioned crimes committed throughout the country by the Pakistan Army in the guise of protecting the countrv from the so-called 'shongkot' .

And

On 18.07.1971. while addressing journalist at the Lahore airport you extended your support towards the nationwide criminal activities and illegal occupation of the Pakistan Army by rejecting the possibilitv of transferring power to the elected representatives for the sake of bringing an end to the crisis. You 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. You also informed journalists that you would be informing President Yahya Khan at Rawalpindi of possible steps that could be taken to improve 'unnayan' the siruation of East Pakistan, which in essence indicates your close proximity to the ongoing incidents in Bangladesh. By expressing your support towards the illegally occupying Pakistan Army, you termed the whole populatron supporting the independence of Bangladesh as 'dushkritikart' and their legitimate demands as destructive 'dhongshattok kaj hishebey'. You also demanded that so-called 'prokrito' miscreants be apprehended ('pakrao') during the effort to contain the ongoing situation. The promise you made commiting yourself and the auxiliary forces under your control to offer full assistance to the Pakistan Army indicates complicity in the above-mentioned crimes committed throughout the country by the Pakrstan Army and the auxiliary forces.

And

During your exchange with journalists on 19.06.1971 you impressed upon the topics discussed with President Yahya Khan, where you urged the Government to supply arms and ammunition to those who believed in the ideal and unity of Pakistan in order to combat the so-called 'dushkritikari'. It must be noted here that by referring to those who believed in the ideal and unity of Pakistan you meant members of the Jamaate-Islami as well as members of the Shanti Committee, Al- Badr, Al-Shams and Ai-Mujahid etc. You also stated that those who did Not support the ideal of Pakistan was not a friend of Pakistan. You reiterated the position of the military regime of Pakistan by dubbing the independence-loving people of Bangladesh as separatists and miscreants and clearly stated your position to effectively combat them. Your demand of arming the so-called parriots 'deshpremikder' so that it would be possible to effectively combat and eliminate the so-called 'dushkritikari', who supported the independence of Bangladesh, demonstrates your complicity in the above-mentioned crimes committed throughout the country by the Pakistan Army and the auxiJiary forces.

And

On 20.06.1971 you 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 Jamaate-Islami office, Lahore. During your speech you informed that so-called 'dushkritikari' were still active in East Pakistan and in order to effectively combat them the arming of the so-called 'shantipriyo' citizens for the sake of security 'nirapottar jonno' was necessary. When referring to 'shantipriyo' citizens, vou meantt members of the Shanti Committee, Al-Badr, Al-Shams etc. Although, you justified the arming of the so-calied 'shantipriyo' citizens by stressing on the issue of their personal security, you had also in fact revealed your true intent of combatting 'protirodh' the activities of the so-called 'dushkritikari' in the same sentence. Your 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 above-mentioned crimes committed throughout the country by the Pakistan Army and the auxiliary forces.

And

You hailed on 21.06.1971, the role played by the Pakistan Army for destroying the so-called separatist movement in East Pakistan while giving a speech before members of the Jamaate-Islami in Lahore. You stated that there was no other way to save the country from separating without intervention by the Pakistan Army. This unconditional support conveyed by you towards all criminal activities by the Pakistan Army indicates complicity in the above-mentioned crimes committed throughout the country by the Pakistan Army and the auxiliary forces.

And

In a press conference held at a hotel in Karachi on 22.06.L971, you urged all your followers and everyone else to offer effective assistance and full cooperation to the authorities in order to re-establish so caiied 'shabhabikota'. You also said that the people of East Pakistan would always live together with their West Pakistani brothers for the sake of their survival. You further stared that the objective of the 6- points demands of the banned Awami League was to separate East Pakistan from West Pakistan. You also demanded that the Government ban those political parties that had openly engaged in movement in support of the 6-point demands, which you perceived as a separatist movement. You urged all concerned to take effective steps to bring back a sense of faith amongst the people and also to combat the so-caIled 'dushkritikari' and anti State elements 'rashtrobirodhider'. You also hailed all the steps and activities of the Pakistan Army which were all of criminal nature. Such a speech made by you expressing all out support towards all activities of the military regirne of Pakistan, calling all to offer full cooperation to the military authorities and if needed, offer full assistance by directly taking part in crirninal activities indicates complicity in the above-mentioned crimes committed throughout the country by the Pakistan Army and the auxiliary forces.

And

On 06.08.1971, tbe local Shanti Commiteee organised a meeting at Kushtia Public lirary, during which you dubbed the Awami League and Sheikh Mujib as 'Bharoter dalal' and 'bisshashghatok'. In your speech You also stressed upon the need of 'qurbani' for the freeing of Muslims frorn the Hindu domination. In the end you classified the Bengali Hindus of occupied Bangladesh as 'shorojontrokari'. By classifying the Arvami league and Bengali Hindus as 'dushkririkari' and 'rashtrobirodhi', you called upon the comrnon people to combat them by cooperating with the Shanti Committee and concerned authorities. When referring to he comrnon people you in essence meant members of the Jamaate- Islam, Shanti Committee , Razakars and other auxiliary forces over whom you had influence and control. During the meeting you also expressed gratiude towards the Pakistan Army for taking the necessary steps 'jothashomoye bebostha grohon' for preserving the unity of Pakistan and also called for Alla's divine intervention. It was through a speech of this sort that you expressed solidarity with the activities of the Pakistan army and all its criminal activities. In your speech you called upon all to offer full cooperation to the Pakistani military authorities, prayed for Allah's divine intervention, thanked the Pakistan Army for their acts, fullu endorsed your support which indicates complicity in the above mentioned crimes committed throughout the country by the Pakistan Armv and the auxiliary forces.

And

On 20.08.1971 you were present at a Jarnaate-Islami Central Council meeting at Lahore presided over the party’s Assistant Ameer Maulana Abdur Rahirm. During this meeting you offered full support to the decision taken by the Pakistan government to repress the banned Awami League by armed means 'shoshosro domon'. It rnust be noted that the repressive measures were of criminal nature and the 'purno shornorthon' offered by you towards these measures indicates complicity in the above mentioned crimes committed throughout the country by the Pakistan Army and the auxiliary forces.

And

You spoke at a press conference held at Peshawar on 26.08.1971,, '' during which you dubbed the revolutionaries against Pakistan as 'Mir Zafar’ and stated that the Pakistan Army had saved East Pakistan from the evil motives of India, You subsequently called the revolutionaries against Pakistan 'dushritikari o onuprobeshkari' and members of the Arvami League as 'fasibadi' . You also urged to provide full cooperation by the Bengali population to the Pakistan Army to destroy them. By stating the destruction of rhe 'dushirritikari', 'onuprobeshkari' and 'fesibadi' you were in referring to the commission of criminal acts against them. Your speech signifies full cooperation towards the criminal activities of the Pakistan Army which indicates your complicity in the crimes committecl throughout the country by the Pakistan Army and the auxiliary forces.

And

On 26.08.1 971, you as Ameer of the Jamaate-Isrami extended deep respects towards the Pakistan Army for protecting the unity of pakistan in the midst of severe constraints and obstacles, at a party members gathering held at the Town Harl of peshawar. There you said that chanting slogans would not be enough to address the damages done in East Pakistan by a group of 'bicchinotabadi. In your speech you not only expressed unconditional support to all criminal activities of the Pakistan Army but also urged the rnembers of your own political patry and others to engage in repressive and criminal activities by stating that the mere chanting of slogans would not suffice. This indicates your complicity in the above-mentioned crimes committed throughout the country by the Pakistan Army and the auxiliary forces.

And

On 30.08.1971, at a press conference held at Hyderabad, you mentioned the martyrdom of 500-700 volunteers of the auxiliary forces while trying to protect the unity of pakistan. You demanded the dissolution of the Jatiyo Parishad, and the holding of fresh erections. You 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 Pakistan Army. According to you these persons had helped in bringing the situation in occupied Bangladesh under control 'poristiti niyontron'. By stating poristhiti niyontron, you were in fact referring to the repression of those who supported the independence of Bangladesh whom you dubbed as dushktikari, rashtrobirodhi o bidrohi' you 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 pakistan. By hailing the pakistan Army you expressed your support towards all their activities. You mentioned the important role played by the Tolabaye Arabiya, Islami Jamtyate Tolaba and Shanti Committee in the process of combating the so-called 'dushkritikari o Bharotiyo agent'' By stressing upon the importance of the auxillary forces you confirmed your connection to the criminal activities of the Pakistan Army. Your speech also confirms the connection between the criminal activities of the Pakistan Army and you and your auxiliary forces and indicates your complicity in the above-metioned crimes committed throughout the country, by the Pakistan Army and the auxiliary forces.

And

You spoke at a press conference at the Karachi office of Jamaate- Islami on 31.08.1971, and expressed gratitude towards the Pakistan Army for protecting Pakistan 'Pakistan Pokkhay'. By protecting Pakistan 'Pakistan rokkha', you meant upholding the unity of Pakistan by repressing the people of Bangladesh supporting its independence which also signifies your support towards the criminal activities of the Pakistan Army, You dubbed the supporters of the independence of Bangladesh as Bad muslim 'bhalo Mussleman noy', who according to you were so called 'bicchinotabadi'. You also mentioned the repression of these persons by so-called 'ekmona o deshpremik' persons. Your speech confirms your support and connection with the criminal activities repressing those supporting the independence of Bangladesh. Your hailing of the activities of the Razakars also conveys your support towards the crimes they committed and confirms your association and connections to these crimes. Thus your speech indicates your complicity in the above-mentioned crimes committed throughout the country by the Pakistan army and the auxiliary forces.

And

On 03.o9.1971, you 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 Bazaar Dhaka. While discussing the political and law and order situation in the country, you stressed upon the importance of efforts to bring back a state of normalcy in the country When referring to the 'bidrohi o shomajbidrohi', you meant the people supporting the independence of occupied Bangladesh and the innocent Bengali population. The nature of decisions taken by you during this meeting along with your support, connection to and association with the brutal elimination of persons supporting the independence of Bangiadesh indicate your complicity in the above mentioned crirnes committed throughout the country by the Pakistan Army and the auxiliary forces.

And

You issued a statement from Dhaka on 10.09.1971, where you stated intelligent and sharp persons should be included in the Pakistani delegation at the upcoming General Assembly of the United Nations. You stated this because you believed that in the midst of the severe on going crisis there would be many criticisms against at the United Nations General Assembly and they would have to attend many debates. Hence, right selection Pakistan delegation was a matter of sustaining of the national unity, not a matter of person or personality. You advocated the appointing of 'bagrni o khurdhar buddhishomponno' because you knew that thev 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 Pakistan army and its auxilllary forces. This is why you wanted that a competent delegation be sent capable to explaining such activities. Such prescriptions made by you confirm you association connection and support towards ali criminal activities of the Pakistan Army and its auxiliary forces which indicates vour complicity in the above-mentioned crimes committed.

And

During mid September of 1971, while congratulating the newly appointed Cabinet under the military regime of pakistan, you hailed the operation of the Pakistan Army and mentioned that the central and local Shanti committee were working towards bringing back a sense of normalcy in the countrv. You also expressed hope that the newly constituted Cabinet would funcation even better than the Sha.nti committee. Through your speech you expressed solidarity with the criminal activities of the Pakistan Army and the Shanti Committee thereby clarifying your own association with such activities, and thus indicating your complicity in the above-mentioned crimes committed throughout the county by the Pakisran army and the auxiliary forces.

And

On 25.09.1971, during a reception thrown in the honor of Provincial Education ministry Abbas Ali Khan and Revenue Minister AKM Yusuf at the local Hotel Empire, Dhaka, you reported about sending of members of the Jarnaate-Islami to the Razakar Forces and the shantj comrniltee You went on to say that the two members of Jamaate-Islarni who had joined the Cabinet were forced to do so by the party rnembers and the objective with which the Jamaate-Islami had sent its members to the Razakar Forces and Shanti Committee was identical to the objective behind sending its members to the cabinet. You stated further that the two Jarnaat-e-Islami members were sent to join the cabinet in line with your own efforts of returning a state of normalcy 'shanti' to the country. The sending members of your own party to forces auxilary to the Pakistan Army, such as the Razakar Forces and the Shanti committee, in the name of establishing peace 'shanti', indicates your colnpiicity in the above-mentioned crimes comrnitted throughout the counuy by the Pakistan Army and the auxiliary forces.

And

During a pubric meeting organized by the Jamaate-Islami at the Bairul Mukarram premises on 16.10.1971 you stated that in order for the Bengali Muslims to live their lives keeping their livelihood and rights in tact, the preserving of the unity of pakistan was imperative. You 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 Shanti Committee to the establishing of a civilian, government in the country-. This speech made by vou clearly shows your association with the criminal activities of the Pakistani milirary forces and the Shanti committee indicating your complicity in the above-mentioned crimes committed throughout the country by the Pakistani military forces and the auxiliary forces.

And

After returning from Lahore, on 26.11.1971, during an exchange with journalists, you hailed the role played by the Razakars and demanded that they be armed with modern weapons. You stated further that doing so would allow the destruction of the 'dushkritkari'. In 1971, the criminal activities of Razaker forces spanned throughout the country and this force was made up of members of the Jamaate-Islami under the initiative of the Pakistani military forces. Therefore, by hailing the role played by this organizatlon, your complicity in the abovementioned crimes committed throughout the country by the pakistan military forces and the auxillary forces.

And

On 28.11.1971 during a meeting of the united coalition party (UCP) held at Rawalpindi, you admitted that you and the organizations under youir control were involved in assisting the Pakistan Government in taking measures against the 'bicchrinnotabadi' and 'rashtrobirodhi, persons because vou considered it to be your duty to do so. During your speech you stared that the UCP was committed towards upholding the uniw of the country under the leadership of Nurul Amin. You urged President Yahya Khan to rour East Pakistan in order to attain the assistance of the so-called 'deshpremik' of East Pakistan. You mentioned that al1 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 llast Pakistan. In your speech vou also stated that members of the United Coalition Party and Razakars were sacrificing their lives to protect the country. This speech made by you indicates your complicity in the abeove-mentioned crimes committed throughout the country by the Pakistan Army and the auxiliary forces. Through vour above acts and commissions, you were complicit 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 you are charged under section 3 (2) (h) read with section 4 (1) and section 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 of the Act

Charge No 5:
That after the crackdownn on March 25, 1971, seeing the Pakistan Army moving towards lMohamrnadpur Police Station at 11.00 pm, Sub Inspector of Police Siru Miah went to his house at Chamelibagh and on March 28. 1971 he along with his wife Anwara Regum, minor son Anwar Kamal and other relatives went to his village at Ramkrishnopur, P.S. Homna, District Brahmanbaria and started helping the people who were leaving the country as refugees. On October 25, 1971, the said Siru Niah along with his son Anwar Kamal and others in order to go to India Left their home and they had two revolvers, one with Siru Miah and another with Nazrul Islam and they were arrested by Razakars at Tantar checkpost of Kashba P.S. on October 27, 1971, at about 10.00 in the morning and were taken to the Razakars camp. At that time 5-6 members of the Pakistan Army came there and took the two revolvers from them and they were fastened with wire and kept in a truck going towards Brahmanbariya and at about 12 noon they were taken to Brahmanbariya court. They were abused like anything and the wristwatch and ring which they possessed were forcefully taken from them and they were iaken to Razakars manzil and people were told that a special force with arms had been captured and from then every morning they were taken to the house of Dana Miah and tortured which was looked into by Jamaat-e-Islami leader and Shanti Committee (Peace Committee) member Peyara Miah and the torture continued for the whole day and then taken to Thana hazat. After 2-3 days they were taken to jail. You being the Ameer of East Pakistan Jamaat-e-Islami and a central leader of the shanti committee (Peace committee), the wife of Siru Miah developed an idea that if vou try then all of them may be released and Siru Miah's wife came to Dhaka in the house of her sister whose husband was a teacher of your sons, Azmi and Amin and you were requested by the said teacher and you said that you all knew it and you asked the said teacher to meet you after two days. After two days when the teacher met you, you went to the office of Jamaat-e-Islami at Nakhalpara and gave him a enclosed envelope asking him to give it to Pevara Miah and when the said envelope was given in th hand of Peyara Miah, reading that letter he showd another letter, official letter written by vou where it was written to kill Siru Miah and his son as they were freedorn ftghters. Then Peyara Miah told that this letter contained nothing new, and told Siru Miah’s wife to go home and pray. Ultimately those persons along with others, a total of 40 persons, were taken out of the jail. Subsequentlyy one person named Shafiuddin was released as he knew Urdu and others were taken to Pourotola and were shot at by Razakars and AI-Badr and one survived and the remaining 38 were killed. Thus, under your direct instruction, SI Siru Miah, Anwar Kamal, Nazrui Islam and Abul Kashem, in total 38 persons, were killed, Anwar Kamal tortured and therefore you committed crimes of murder and torture as crimes against humanity under Section 3(2)(a) of the International Crimes (Tribunals) Act 1971. Thus you have commited the offences, under different provisions ot section 3(2) and 4 of the Act, which are punishable under section 20(2) of the Act and with the cognisance of this tribunal. And we hereby direct you to be tried by this tribunal on the said charges.

Azam was then asked about whether  he was guilty or not guilty

 Golam Azam, at the Accused Box, then said:  I’m not guilty. There are long list of offences but in 1973 the Sheikh Mujibur Rahman Government has prepared a list of the war criminals, but my name was not enlisted there. Afterwards they have persecuted me and I was included in the list of collaborators. After releasing the main perpetrators the trial cannot run against the collaborators, so Sheikh Mujibur Rahman has pardoned them. The matter of trying the war criminals has came forward after the election of 2001, when the BNP-Jamat alliance won 197 seats whereas the Awami League has won only 58 seats. They understood that if the alliance continues then they will not win the election in future. So they have raised the issue of trying the perpetrators of liberation war.

Justice Nizamul Huq: Now, you have to just say whether you are guilty or not guilty. And later on your counsels will use the points as you’re raising. Please take your seat.

Justice Nizamul Huq: The charges are read over. And the accused said that he is not guilty.

5th June, 2012 is fixed for Opening Statement and for prosecution witness.

Hearing was adjourned

13 May 2012: Golam Azam Indictment 2

This is the second part of the Golam Azam indictment (charge framing order) which sets out the charges against him. The first part can be found here.

The charges are divided into five kinds:
- charge number one - conspiracy
- charge number two - planing
- charge number three - incitement
- charge number four - complicity
- charge number five - crimes against humanity

Below are charges number one, two and three. (Charges four and five are on a separate page)

We have perused the Formal Charge, other documents and statements of witnesses upon which the prosecution intends to rely upon and considered the submissions made by both the sides on those materials, and thus, we are of the opinion that there are sufficient grounds to presume that the accused Professor Golam Azam has committed offences under section 3(2), 4(1) and 4(2) of the Act and as we find that there is a prima facie case against the accused, charges will be framed against him in the following manner:

Charges 

We Justice Md. Nizamul Huq, Chairman, Justice Anawarul Haque and A.K.M .Zaheer Ahmed, Member of the International Crimes Tribunal-1, hereby charge you Professor Golam Azam, son of late Moulana Golam Kabir of village Birgaon, Police Station Nabinagar, District- Brahmanbaria, at present 119/2 kazi Offrce Lane, Mogbazaar Police Station, Ramna, District-Dhaka as follows:

Charge Number 1:
That on 04.04.1971, you as part of a team of 12 Persons composed of Nurul Amin, Maulavi Farid Ahmed, khawaia Khayer Uddin, AKM Shafiqul Islam, Maolana Nuruzzarrian, Hamidul Huq Chowdhury, Mohsinuddin Ahmed, Advocate AT Sadi and others met with Lt. General Tikka Khan. the Chief Martial Law Administrator of the "Kha" Zone of occupied Bangladesh at the Governor House of Dhaka. During this meeting, you discussed, planned and decided the means to enforce the evil designs of the occupying Pakistan Army. It was as per the decisions taken during this meeting that various crimes were subsequently committed on a large scale, and number of auxiliary forces and the mode of action of such forces were decided. In this light, the creation of an organisation named the ‘Nagorik Comrnittee' was discussed which was subsequently named the 'Nagorik Shanti Committee' which later on became widely known as the 'Shanti Committee'. You thus conspired with others to committ above mentioned crimes in Bangladesh.

And

On 06.04.1971, two days after the meeting held on 04.04.1971 you and several other political leaders again met Lt. General Tikka khan at the Governor House as part of the conspiracy mentioned earlier. In this meeting also, various ways to assist the occupying Pakistan Army were discussed along with the topic of forming auxiliary forces. You expressed the intent to bring the then existing situation under control with the assistance of the auxiliary forces. Apart from You, Hamidul Huq Chowdhury, Mohsinuddin Ahmed, Advocate AT Sadi also separately met with Lt. General Tikka Khan in this respect. You thus conspired with others to commit above-mentioned crimes in Bangladesh.

And

In continuation of the conspiracy, on 14.04.1971 you took part in a meeting as a member of the 'Peace and welfare Steering Committee'. All participants of the meeting pledged to protect lslam and preserve the unity and sovereignty of Pakistan. During this conspiratorial meeting, with the goal of gaining the confidence of people and establishing so called 'peace' and fighting against the so-called 'Indian plans and aggression', various policies and plans were agreed upon to organize the people. You thus conspired with others to commit above-mentioned crimes in Bangladesh'

And

On 19.06.1971 you for the third time took part in a high level meeting in continuation of the above stated conspiracy. On this day, you met with President of Pakistan General Aga Mohammed Yahiya Khan at Rawalpindi and informed him of the latest situation in East Pakistan. In the meeting, the activities of the previous three months were evaluated and decisions taken to facilitate upcoming activities, especially, in various ways to contain the resistance of the common people of East Pakistan through the usage of armed force. Furthermore, the plans to effectively control the civilian population by unifying those who believe in the ideal of Pakistan were also discussed and decisions were taken in this regard. You thus conspired with others to commit above-mentioned crimes in Bangladesh.

And

You met with All Pakistan Jamaate-Islami Chief Syed Abul Ala Moududi on 20.06.1971 as part the on goingconspiracy. During this Meeting, you and Syed Abul AIa Moududi reviewed the activities and party policies of Jamaat-e-Islami and discussed the party's plans and activities and the implementing of those plans

And

On 01.12.1971, you took part in a 70-minute long conspiratorial meeting with President Yahiya Khan at Rawalpindi, where you discussed in confidence the overall situation. You demanded increasing the membership of the Razakar forces and urged the Pakistan Government to supply arms to those people who believed in the ideal and unity of Pakistan in order to confront the common people of East Pakistan, whom you referred to as 'dushkritjkari'. You, seeing the reduction of the sphere of influence of the auxiliary forces over the territory of occupied Bangladesh and also sensing inevitable defeat, decided to murder the intelligentsia of Bangladesh on a large and indiscriminate scale, as part of a ‘final solution’, which from the date of the concerned meeting till the liberation of Bangladesh from occupying forces on December 16, 1971 was carried out by members of Jamaat-e-Islami, Peace Committee, Razakars, A1-Badr and Al-Shams. You thus conspired with others to commit above mentioned crimes in Bangladesh'

Through your above acts and commissions, you conspired to commit 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 You are charged under section 3 (2) (g) read with section 4 (1) and section 4(2) of the Act for commission of the crime of conspiracy to commit crimes specified in section 3 (2) of the Act, which is punishable under section20 (2) of the Act.

Charge Number 2:
That on 04.4.1971 you and others planned to form an organisation named 'Nagorik Committee' in order to support the occupying Pakistani forces and on the same day placed this plan before Lt. General Tikka Khan. The said organisation committed above mentioned crimes in all-over Bangladesh and you are liable to plan for the commission of the said crimes.

And

On 09.04.1971, with the goal to commit the above mentioned crimes, you and others in a united and planned manner formed the 'Shanti Committee' and nominated Khawaia Khayer Uddin as the Convenor of the committee. As part of the plan, you decided to form Shanti Committees in various parts of cities, Unions and Mohallas and it was decided that those Shanti Committees wouldoperate as per the directions of the Central Shanti Committee. The said organization committed above-mentioned crimes in all-over Bangladesh and you are liable to plan for the commission of the said crimes'

And

You participated and took decisions in a planning meeting on 04.05.1971 for the purpose of forming units of the 'shanti Committee' at various unions of the Dhaka city. This meeting which was held at the residence of AQM Shafiqul Islam at Elephant Road, was also attended by Khawaja Khayer Uddin, A.Q.M. Shafiqul Islam, Abdul Jabbar Khadder etc. The said organisation committed above mentioned crimes in all over Bangladesh and you are liable to plan for the commission of the said crimes.

Through your above acts and commissions, you planned to commit crimes specified in Section3(2) o{ 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 you are charged under section 3(2)(f) read with section 4 (1) and section 4(2) of the Act to plan to commit crimes specified in section 3 (2) of the Act which is punishable under section 20 (2) of the Act.

Charge Number 3:
On 07.04.197I, you as Ameer of the Jamaat-e-Islami with other leaders of the same party issued a joint statement urging the 'deshpremik' 'people meaning thereby organisations such as Jamaat-e-Islami, Shanti Committee, Razakars, Al-Badr, Al-Shams, Al-Mujahid etc which were all Organizationally in one way or the other subordinate to you of was under your direct or indirect control, to destroy the 'Bharotiyo onuprobeshkari' meaning thereby Hindus, supporters of the Awami League and in essence all Bengalis who had sided with an independent Bangladesh who wanted to liberate their nation from the occupying Pakistani forces, on sight. Therefore, your call to destroy on sight an identifiable group of persons encompassed under the phrase 'Bharotiyo onuprobeshkari' indicates the incitement to the above-mentioned crimes

And

You as Ameer of the Jamaat-e-Islami on 10.04.1971 gave An inciting speech before the nation at the Dhaka centre of Radio Pakistan. In your speech you threatened against the over-enthusiastic leaders of India to play with the fate of seven crore people of East Pakistan and stared that India was always involved in conspiracies to destroy Pakistan. You also stated that by sending in 'shoshosro onuprobeshkari', India had in fact challenged the patriotism of 'East Pakistanis'. During your speech you also expressed belief that the 'onuprobeshkari' would not get any assistance whatsoever from 'Purbo Pakistaner Musolman'. The phrases 'shoshosro onuprobeshkari/onuprobeshkari' used by you during your speech in reality' referred to Hindus, supporters of the Awami League and in essence all Bengalis who had sided with an independent Bangladesh. Furthermore, the phrase purbo pakistani Musolman, actually meant members of organisations such Jamaat-e-Islami, Shanti committee, Razakars, Ar-Badr, Al-shams, AJ-Mujahid etc. who were all organlzatlonally or in one way or the other subordinate to you or was under your direct or indirect control or influence. Therefore, your inciting threat against the attempt by India to destroy Pakistan by the sending of 'shoshosro onuprobeshkari, amounted to calling for the destruction of Hindu people, supporters of the Awami League and in essence ail unarmed Bengalis who had sided with an independent Bangladesh, which indicates the incitement to the above-mentioned crimes.

And

On 22.04.1971, you as Ameer of the Jamaate-Islami and part of the Central Shanti committee called upon all patriotic citizens, to .resist, the 'destructive activities' of 'rashtrobirodhi' personalities and assist the members of the Pakistan army in all possible ways. You also advised the committee that ‘deshpremik nagorik’, greet members of the Pakistan Army with the national flag and offer assistance in those areas where Such members visited. Your call to destroy ‘rashtrobirodhi’ persons which was directed towards the common citizens of the country who were against the attack and torture of the occupying Pakistani Army and who were perceived by the Pakistan army and all organizations under your control as enemies of the State, amounted to inciting attack against such persons and commit crimes against them. This call made by you amounts to incitement to the above mentioned crimes.

And

During a party meeting of the Jamaate-Islami held at the Dhaka city office on 02.05.1971, you urged activists of the Jamaate-Islarni to take 'shombhabbo shokor prokar uddeg' to re-establish ‘purno shabhabik o Shantipurno karjokrom'. Your call to your parry activists to bring back 'purno shabhabik' amounts to incitement as activists of the Jamaate- Islami had already been attacking the common citizens by working on behalf of their party in connivance with the Pakistan Army to bring back the so-called state of complete normalcy. This demonstrates incitement on your part to commit above-mentioned crimes.

And

On 17.05.1971. in your presence, during a meeting held at Dhaka, steps taken by the Pakistan Army to save the nation from the grave crisis created by the 'rashtrobitodhi karjokolap' of the banned Awami League was lauded. The meeting urged the Pakistan Government to take severe measures against' Pakistaner bisshashghatok' and indestructible unity between the Islamic forces of East Pakistan was agreed upon with the goal to offer assistance to the holy duties of the Pakistan Army. During this meeting, emphasis was also placed on finding 'dushkritikari' and the need of all patriotic citizens to relentlessly work without any hope of personal gain to re-establish complete normalcy in the province. In light of the extension in the nature of the committees activities, a proposal was placed to change the name of the 'shanti Committee' to 'Shanti and Shanghti Committee'. The call to find the so-called 'dushkritikari' and to take strong steps against the so-called 'Pakistaner bisshashghatok' in reality amounted to inciting to destroy those Persons who had sided with the independence of Bangladesh, the Hindus and others. This demonstrates incitement on your part to commit above-mentioned crimes.

And

On or around third week of May 1971 you as part of your program to visit various parts of Bangladesh, met leaders and followers at Jessore, Khulna and in some parts of Dhaka, which included Mirpur, Lalbagh, Chawk, Lalmatia and Thataribazaar, where you held series of Meetings and gave speeches. During those meetings, you and other leaders of the Jamaate-Islami urged all quarters of Pakistan to protect the nation against evil designs of the banned Awami League and its Indian associates. These speeches made by you not only clearly amounted to urging the Jamaate-Islami, its subordinate organizations and other auxiliary forces to assist the Pakistan Army even more actively, but also amounts to inciting the commission of various crimes against the Hindu people, supporters of the Awami League, supporters of an independent Bangladesh and the unarmed population of other progressive forces of Bangladesh. This demonstrates incitement on your part to commit above-mentioned crimes.

And

In June 1971 in an interview with Pakistan Daily Jasarat you urged that people not be confused by the propagations of the political forces supporting the independence of Bangladesh. You also described the Awami League, the political force unanimously elected by the all out support of the common rnasses of the country, as a quarter focusing on its self-interest and a fascist power against democracy. You identified them as enemies. This statement made by you is clear incitement aimed at the auxiliary forces and the activists of your own political party to take crushing steps and conduct criminal activities against such so-called 'enemies'. This demonstrates incitement on your part to commit above mentioned climes.

And

On 22.06.1971 at a press conference you urged all concerned to effectively oppose those who are, according to you, 'dushkritikan, and. 'rashtrobirodlri' with the goal to re-establish the so-called faith in the minds of the common people. During your speech you eulogized the Pakistan Army for engaging in preventing the destruction of Pakistan. You also stated that everyone should offer effective assistance and support the ruling Pakistani authorities in the effort of returning to a state of normalcy. Through this speech you urged the members of all the auxillary forces supporting the Pakistan Army to offer assistance even more effectively and incited them to collaborate with the Pakistan army in the commission of criminal activities, that amounts to incitement of the commission of the above-meentioned crimes.

And

On 18.07.I971, you as ameer of the East Pakistan Jamaate-Islarni, gave a speech at a Shanti Commitee meeting held at the Republic Square of Brahmanbariya urging all to uphold the unity of Pakistan. The call made by you to uphold the unity of Pakistan in reality amounts to an inciting call to attack those who do not believe in the unity of Pakistan. This demonstrates incitement on your part to commit above-mentioned crimes.

And

On 16.07.1971 you during a meeting organised by the Rajshai Peace Committee at the local municipal hall declared that there are no evidence supporting friendship between Hindus and MusLims. In your speech you also stated that India had always been involved in 'dushmoni' towards muslims and after the partitition of British India into India and Pakistan, the killing of muslims in India had become a daily affair. During your speech blamed the Hindus for creating a rift between muslims by raising the issue of Bengali and non-Bengali. Furthermore, you stated that unless the question of division based on language was raised it would not be possible to create a nation of Hindus and muslims. In vour speech you also urged all muslims to discard the Bengali and non-Bengali mentality. By making such an inciting speech you had isolated the Hindus on religious grounds and made them a target for attack. It was as a result of the incitement made by you that Hindus were eliminated and deported out of the country. This demonstrates incitement on your part to commit above-mentioned crimes

And.

On 02.08.1971, you as Ameer of rhe Jamaat-e-Islami during a conference presided over by the Director of the Pakistan Affairs Academy Dr. Hasan Zaman, organised by the Jamaat-e-Talaba-e-Arbiya and held at the Dhaka University Gymnasium, gave a speech stating that the ongoing situation was a 'juddho poristhiti' dnd that this war was not only a war of arms but also a war of ideals. You stated further that there was no other option but to win this war. Describing the existing situation during your speech, you stated that this was a war for the ideals of Islam, also known as Jihad', which was fought against non-Muslims. Your speech directlv incites eliminating opposing political and religious groups because the fundamental principle driving a war is engaging in armed resistance against one's enemies, which can end only when one side has completely eliminated or defeated the opposing side. There are therefore two instances of incitement made by you when you described the ongoing situation as a’ war’
1) Calling for considering the Hindus, the supporters of Awami League, as not true Muslims and those who support the independence of Bangladesh as the enemies of the ongoing war.
2) Stating that the duty of the Jamaat-e-Islami, Shanti Committee, Razakars, Al-Badr, Al-Shams etc. who were so-called 'miscreants' was to eliminate the above-mentioned enemies. This demonstrates incitement of your part to commit above mentioned crimes.

And

During a Jamaat-e-Islami unit members meeting held at the Khulna municipal hall lfall on 0-4/08/1971 you called for the elimination of so called 'dushkritikari'. .According to you, 'dushkririkari' [miscreants] included those common citizens who wanted to free Bangladesh from the attack and occupation of the Pakistan army, the members of political parties especially those who had won in the national elections of 1970, those who had wanted to free Bangladesh from the oppression of Pakistan, minority Hindus and those whom you considered as enemies of the State. You also urged all to unite under the leadership ofJamaat-e-Islami. During this meeting you also criticized Sheikh Mujibur Rahman and members of his political party for propagating the 6-point demands and characterizing them as a separatist political movement. Your call to elimmate 'dushkritikari' amounts to incitement to commit the abovementioned crimes.

And.

On 06.08.1971, during a meeting organized by the Shanti Committee at Kushtia Public Library, you declared that Sheikh Mujibur Rahman and the banned Arvarni l-eague had entered into an alliance with India and had betrayed the common people of the region. You went on to state that this betrayal had caused endless pain and sorrow for the people and future generations would not forgive them. During vour speech you stated further referring to the great sacrifices of Muslims during the Azadi movement against Hindu domination. Your call to the common people to stay alert against the so-called 'dushkritikari' and to the Shanti Comrnittee to resist the so-called 'rashtrobirodhi' amounts of incitement. This demonstrates incitement on your part to commit above mentioned crimes.

And,

On 14.08.1971., in a statement given on the 25th Azadi Day of Pakistan you stated that the unity of Pakistan in crisis and that the sovereignty of Pakistan was being threatened from internal and external enemies. You urged all concerned to respond to the ongoing crisis and take specific steps to transform 'Pakistaner uddessho' into reality. You further stated that failing in such efforts shall result in their destruction and create a handicapped State. By urglng everyone to establish 'Pakistaner uddessho' and reminding that failure to do so shall result in a destroyed and handicapped nation amounts to incitement. This demonstrates incitement on your part to commit above-mentioned crimes.

And

On 14.08.1971, during a symposium organized by the Central Shanti Commitee on the 25th Azadi Day of Pakistan at the Curzon Hail, you proclaimed that the dreams of the Bengali Muslims would one day be realized if Pakistan remained as a State and that if Pakistan fails to exist then Bengali muslims would cease to exist altogether. During your speech you were also urged to remove from Pakistani territory those who did not agree with his views. You went onto declare that although in the past the enemies of Pakistan came from the outside, there were now many enemies of Pakistan from within. You stated that the 'ghorey boshey thaka dushmon' were far more dangerous than enemies from outside. You placed special emphasis on the establishing a link between the Pakistan Army, and the Shanti Committee and stated that the Shanti Committee was playing an important role in protecting the nation from the hands of the seperatists. You also stated that had the Shanti Committee not informed the world that the people of East Pakistan wanted to keep the unity of Pakistan intact, the ongoing situation could have taken a different turn. You also mentioned that the responsibility of protecting the nation rested with the Pakistan army. During your speech vou stated that the responsibility of explaining the situation to the people of the country rested in the hands of the Shanti Committee. You also mentioned that they would explain the idea of a united Pakistan to the people and those who would not subscribe to the idea would lose the rights to remains in the countrv. During the making of such speeches, by speaking of 'ghorey boshey thaka dushmon/ghorey ghorey jeshob dushmon' you were referring to the persons against the unity of Pakistan and by urging to find them and forcing them out of Pakistan if they refused to believe in the idea of Pakistan amounts to the making of inciting comments. This demonstrates incitement on your part to commit above-mentioned crimes.

And

While speaking with journalists at the Lahore Airport on 17.08.1971 you claimed that there was only one path left open for Pakistan since lndia was sending in armed insurgents and also because India was supplying arms and ammunition to the 'duskritikari', and that path is to send a reply also by the force of arms. Your reference to armed reply, to the so-called 'dushkritikari' is a great indication of serious incitement. This demonstrates incitement on your part to commit above mentioned crimes.

And

On 23.08.1971, you gave a speech at a Party Program thrown by the Jamaate-Islam at Lahore where you announced that many members of Jamate-Islami had lost their lives at the hands of the 'dushkritikari' because they had tried to uphold the ideals of Islam and gone against the 'bicchinnotabadi'. You went on to say that the Islam loving East Pakistanis were still sacrificing their lives trying to uphold the unity of Pakistan. Propagating your own political views you asked whether if Members of any other political party had lost their lives opposing the anti unity slogans or if party other than Jamaate Islami had been able to hold meetings in the face of threats and 'gundami' of the Awami League leadership during the election campaign. You further said that Pakistan as a nation came into being on the basis of Isiamic ideals and that these ideals had protected Pakistan during the war n 1965 and it was also these very ideals that had frustrated the attempt by India to divide the Pakistani State. You by opposing the 'dushkritjkari/ bicchurnotabadi' and by inspiring your party oppose the so called 'dushkriukari/ bicchinotabadi' in the mentioning the sacrifices by members of your party, had incited your party members to commit above-mentioned crimes.

And.

On 26.08.1971, while giving a speech at a party-member's meeting of the Jamaate-Islami held at the Town Ha1l of Peshawar, you proclaimed that the damage done by a group of 'bicchinotabadi' could not be undone by mere slogans. Such a speech made by you amounts to inspiring and grving incitement to the leaders and activists of your para and others to engage in armed, suppressive and criminal measures against the so-called bicchinorabadi', thereby inciting them to commit above-mentioned crimes .

And.

On Defence Day of Pakistan on 05.09.1.971 urging the people of Pakistan to stay completely committed to the ideals of Pakistan ('Pakistaner adorsher proti otol) and engage in 'juddho' and 'attotag' (sacrifice) against 'obbhontorin ba bohirakromoner'. This speech of yours was mainly addressed towards the members of your own political party, i.e. the Jamaat-e-Islami, and auxiliary forces such as Razakars, Shanti Committee, Al-Badr, Al-shams and others so that they would be prepared for war which in reality amounts to direct incitement to commit above-mentioned crimes.

And

In an interview in first week of September of 1971., you, apart from displaying your control over your partv and others, confirmed the symbiotic relationship between the Razakars and Jamaat-e-Islami. You stated that the members of the Jamaat-e-Islami were committed to the defence of the nation by joining the Razakars and because they were aware of the fact that there would be no space for Islam or Muslims in 'Bangladesh, you declared that members of the Jamaate-Islami could become 'shaheed' but never transformed. You said that after March 25, you toured Chittagong, Rajshahi., Khulna, Jessore, Kushtia etc. and witnessed that the mental attitude of the members of Jamaatte-Islam was strong. You urged to free East Pakistan' from the hands of the so-called 'ugro jatiotabadi'. During the interview you directed members of the Jamaate-Islami to join the auxiliary force of the Pakistan Army, i.e. the Razakars ancl others , and at the same rime confirmed that by touring the country you had incited various auxiliary forces to commit crimes. In the same manner you call to save the nation from the hands of the so called ‘ugro jatiyotabatli' also amounting to incitement to commit the above-mentioned crimes.

And

During the speech at a meeting given on 10.09.1971 on the occasion of the Mustafa Al Madani Day at the Baitul Mukarram you declared that the 'Bidrohi' were ‘shotru' of Islam' Such kind of statement and Fatwa made by you is 'yet another example of you inciting your followers, activists and members of the auxiliary forces to commit the above-mentioned crimes against the so-called 'bidrohis' and 'Islamer shotru' and to eliminate them.

And

You, on 11.09.1971, gave an inciting speech at a program organised by the Dhaka City unit of Islami Chattra Shangha at Curzon Hall university of Dhaka where you told your members that they would be able to make 'Pakistanke chitosthayee'. In reality your call to protect Pakistan amounted incitement towards your own political organization and other auxiliary forces of the occupying Pakistan Army to commit the above mentioned crimes.

And

On 17.09.1971 you undertook an official visit to one of the principal Razakars Training centres at the Physical Education centre of Mohammadpur, Dhaka where Razakars were undergoing training. This Physical Education centre at Mohammadpur was not only a Razakars training ground but also a name that spread terror in peoples mind in 1971. In reality this centre was a torture and killing ground. Countless citizens were killed and tortured here. In this centre the Razakars were given conrprehensive training to commit murder, torture, rape etc. You visited the Centre to see the Razakars and others 'undergoing taining and inspire them bv giving inciting speeches. In your speech there, you toyed with religous sentiments and inspired people to sacrifice their lives for 'Pakistaner hefazot'. You also called for not only the members of jamaate-Islam but also 'AIem o Isiarrri kormi' to join the armed forces. Your visit to this torture and killing ground of Mohammadpur conflrms your acquiescence to the crimes that were committed there and also clearly demonstrate incitement to commit the above-mentioned crimes.

And

On 25-09.1971, during a meeting organized by the Dhaka City unit of the Jamaate-Islami at a local hotel of Dhaka, you stated that the Jamaate- Islami considered Pakistan and Islam as one and indivisible and that Pakistan was a house for all muslim across the globe. You further stated that if Pakistan ceased to exist then the members of the Jamaate-Islami would see no point in living on,earth. You told your members that members of iamaate-Islami were putting their lives on risk and working to uphold the existence and unity of Pakistan and also establish peace and security across the country. In your speech you also blamed destructive activities of the 'dushlaitikati' for the ongoing crisis of the ccuntry. B, showing that Islamic ideals and the upholding of the unity of Pakistan were one and the same and that the so-called ‘dushkritikari’ were engaged in destructive activities, you incited your party members to engage in the commission of crimes and as a result committed incitement to commit the above-mentioned crimes.

And.

During your opening speech on 03.10'1971, during the opening speech given by you at the meeting of the Majlis-e-Shura of the Jamaate- Islarni at Dhaka, you used religion and religlous sentiments to incite the commission of crimes. You urged your party activists and followers to prepare themselves for the highest possible sacrifice to protect Pakistan. You said that protecting Pakistan was a holy responsibility and that this belief was the driving force that kept the Jamaat members and followers moving. Protecting Pakistan amounts to the selected torturing or of a group, killing or forcing out from the country of men and women, Bengalis, Hindus, democratic rind progressive political activists, persons frorn various professions bv the Pakistan Army from March 25, leaving Pakistan for only those whom you believed to be true Muslims. The manner of such a call made by you amounts to inciting the Pakistan Army and its auxillary forces to commit the above-mentioned crimes.

And,

After reaching Lahore on 23.11.1971 to attend a meeting of the Central Executive Committee of the Pakistan Jamaate-Islami, you discussed with iournalists and said that an aggressive position wouid be the bcst mode of self-defence for Pakistan. You stated further that frr Pakistan to exist as a nation with honor, there was no other path but to rake up an aggressive position and stating to continue the so-called 'shontrashbadi karjokolap', you demanded that all patriotic citizens, members of the Shanti Commitee and Razakars be equipped with modern automatic ammunition so that they couid be able to engage in 'shantirokkha'. You by demanding the arming of all patriotic citizens, members of the Shanti Committee and Razakars so that they would be able to engage in ensuring peace in a situation of ongoing ‘shontrashi karjokolap' and explaining the need to take up an aggressive position as part of a best defensive position amounts to incitement to commit the above-mentioned crimes.

And

On 24.11.1971 in a speech given at meeting to honor the members of the central working committee of the Jamaate-Islami organized by the Jamaate-Islam at a local hotel in Lahore, you urged. President Yahya Khan that West Pakistan should attack India in response to the all-out attack of India on Pakistan and that if this attack was not carried out, then the enemies would get the opportunity to slowly achieve their ulterior motive of diving Pakistan into many pieces. By calling on to launch an attack on India, you clearly incited to commit the above mentioned crimes.

And

Following a long 70-minute meeting on 01.12.1971 with President of Pakistan Yahva Khan, you addressed at a press conference where you reported your discussion with him on various issues. You said that you had reiterated to Yahya Khan the need to increase membership of Razakars. You also stated that the people would offer their full support to the 'shoshosro bahini' and that the Razakar forces was enough to face the 'shotrubahini'. Your demand to increase the membership of the Razakar forces and declaration to face the 'shotrubahini, with the Razakars amounts to inciting the commission of the above-mentioned crimes.


Through your above acts and commissions, you committed the crime of incitement as specified in section 3(2) of the Act, and as result of which crimes mentioned in section 3 (2) of the Act were committed in all-over Bangladesh, and therefore you are charged with commission of the crime of incitement under Section 3(2)(f) read with section 4 (1) and section 4 (2) of the Act. which is punishable under section 20 (2) of the Act.