As a leader of Al Badr, Jamaat leader Ali Ahsan Mohammad Mojaheed was responsible for the atrocities the auxiliary force to then Pakistan army had committed during the Liberation War, said the prosecution in its opening statement yesterday.
“Jamaat-e-Islami had formed the Al Badr [during the Liberation War] just like the Gestapo and SS forces [Waffen-SS] of Hitler. The force comprised of educated Jamaat youths and activists of Islami Chhatra Sangha (ICS) [the then student wing of Jamaat] killed hundreds of intellectuals [in 1971],” chief prosecutor Ghulam Arieff Tipoo told International Crimes Tribunal-2.
“So the responsibility of the crimes committed during the war definitely lies upon the leader and activists of the organisation,” he said in presence of Mojaheed.
He also said it had been proved from the fortnightly report of the then East Pakistan special branch that Mojaheed had been the general secretary of East Pakistan Islami Chhatra Sangha since September 1971 until he became its president the next month.
Prosecutors Muklesur Rahman Badal and Mir Iqbal Hossain read out the 29-page opening statement. The statement largely narrated the formation and activities of the auxiliary forces and Mojaheed's role during the war.
Information published in newspapers had proved that ISC leaders and activists had directly and indirectly been involved with the atrocities committed between March 25, 1971 and December 16 that year, said the chief prosecutor.
“…And all the members of the organisation [ICS] joined the Al Badr force,” he added.
He said the activities of the Peace Committee, and Razakar and Al Badr forces were alike. They had committed crimes against humanity during the war.
Prosecutor Muklesur Rahman said Motiur Rahman Nizami, another Jamaat leader, had been the chief of Al Badr force since September 1971 until Mojaheed replaced him in October that year.
Hence, Mojaheed must take the responsibility of a commander, said another prosecutor Mir Iqbal Hossain.
The accused should be tried not for any political or personal vengeance but for establishing rule of law and democracy, and for ensuring justice and human rights.
Later defence counsel Munshi Ahsan Kabir sought time from the tribunal, as they could not prepare their documents and witness list.
Upon the petition, the tribunal deferred the date for recording depositions of prosecution witnesses and submission of defence documents until August 26. Justice Obaidul Hasan, a judge of the three-member tribunal, was absent yesterday.
On June 21, the tribunal indicted 64-year-old Jamaat secretary general for seven charges, including that of murder, torture, genocide and conspiring to kill intellectuals during the Liberation War and fixed yesterday for hearing the prosecution's opening statement, deposition of prosecution witnesses and submission of documents by the defence.
The tribunal also directed the prosecution to correct the name spelling of a judge in the opening statement.
KAMARUZZAMAN'S CASE
Defence counsels of war crime accused Jamaat leader Muhammad Kamaruzzaman yesterday cross-examined Hamidul Haque, the first prosecution witness in the case, for the third day.
Kafil Uddin Chowdhury cross-examined the witness for about two and a quarter hours and asked more than 50 questions.
“Do you know that after the Liberation War, the then government had formed a high-powered committee to identify the collaborators of the then Pakistan army,” he asked the witness.
“It is true,” was the response.
“Was the name of accused Kamaruzzaman in the list,” asked the defence.
“I heard that his name was there but I did not see the list,” the witness replied.
Kamaruzzaman was present in the court yesterday.
During the cross-examination the International Crimes Tribunal-2 on two to three occasions asked the defence not to ask irrelevant questions.
The tribunal later adjourned the case proceedings until July 22.
Meanwhile, the prosecution drew the tribunal's attention to a report published in yesterday's Dainik Sangram and sought legal action against the newspaper for “violating court order”.
Prosecutor Nurjahan Begum Mukta said the newspaper had published the name of a female witness, who testified behind closed doors at the tribunal in a case against another war crimes accused Jamaat leader Abdul Quader Mollah.
Since the witness testified “in camera” her name should not have been published, argued Mukta.
“It is regretful,” said ATM Fazle Kabir, chairman of the three-member tribunal.
The tribunal said that it would consider the plea on July 23, while hearing on a similar petition.
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