Jamaat leader Ali Ahsan Mohammad Mojaheed is the second war crimes accused facing trial over the planned killing of intellectuals just before Bangladesh's liberation on December 16, 1971.
The International Crimes Tribunal-2 yesterday indicted Jamaat-e-Islami leader Mojaheed, 64, with seven charges, including murder, torture, and imprisonment of people, genocide, and hatching a conspiracy to kill intellectuals during the Liberation War.
Two charges related specifically to Mojaheed's involvement in the much-talked-about killings of eminent journalist Serajuddin Hossain and Shafi Imam Rumi, son of Shaheed Janani Jahanara Imam, who became a symbolic mother of all martyrs for her sacrifice and role during the war and afterwards.
Earlier, International Crimes Tribunal-1 indicted Jamaat's Ameer (chief) Motiur Rahman Nizami with 16 charges of crimes against humanity, one of which was in connection with killing intellectuals en masse.
Until September 1971, Mojaheed was secretary and later president of East Pakistan Islami Chhatra Sangha. He is now secretary general of the Jamaat-e-Islami. BNP chief Khaleda Zia had appointed him as a technocrat minister in her cabinet during the BNP-led four-party alliance rule in 2001-2006.
After framing the charges under the International Crimes (Tribunals) Act, 1973, the three-member tribunal, headed by Justice ATM Fazle Kabir with members Justice Obaidul Hassan and Judge Md Shahinur Islam, fixed July 19 for hearing the opening statement of the prosecution and for examining prosecution witnesses.
When Justice Kabir asked Mojaheed how he pleaded, Mojaheed, who was in the dock and listening to the charges being read out, said, “I'm 100 percent innocent."
The tribunal in the charges said, “In October 1971, he [Mojaheed] was elected provincial president of the organisation [Islami Chhatra Sangha] and became the chief of the Al-Badr Bahini [an auxiliary force of the Pakistan army].”
Historical records say that anticipating defeat, the Pakistani occupation forces and their collaborators--Razakars, Al-Badr and Al-Shams (mostly leaders of Jamaat-e-Islami and its student front Islami Chhatra Sangha)--picked up leading Bangalee intellectuals and professionals and killed them en masse to cripple the new nation.
Documents related to the war show that the Jamaat formed Razakar and Al-Badr forces to counter the freedom fighters. The Razakar force was built by former secretary general of the Jamaat Moulana Abul Kalam Mohammad Yousuf, and the “Badr Bahini” had men from the Islami Chhatra Sangha.
Justice Kabir said, “The statement of witnesses and the documents prima facie demonstrate that the accused was an influential leader of the Islami Chhatra Sangha and subsequently chief of Al Badr Bahini who actively associated with the Pakistani occupation army and Razakar Bahini by exercising his authority.”
He said, “We are of the view that there are sufficient and substantial materials before this tribunal to presume that the accused [Mojaheed] committed offences in the 1971 War of Liberation…”
“The truthfulness of this pertinent factual issue including the fact that the accused was the chief of Al-Badr Bahini may be well adjudicated at the trial only,” the tribunal said.
On the charge about his alleged involvement in the killing of intellectuals, the tribunal said during the Liberation War, the Pakistan army had set up a camp at Mohammadpur Physical Training Institute, Dhaka, and members of Razakar and Al-Badr forces used to receive their training at that camp, known as a “torture camp”.
“You [Mojaheed] used to visit the camp regularly with your co-leaders and with intent to annihilate the Bangalee population, and design, plan and conspire with senior army officers of the camp,” said the tribunal.
“Following such conspiracy and planning, intellectuals' killings were committed from December 10,” added the tribunal.
In another charge, the tribunal said Mojaheed had written an article, published in the daily Sangram on September 16, 1971, countering an article written by Serajuddin Hossain, the then executive editor of daily Ittefaq. Serajuddin had written on the sufferings of unarmed civilians at the hands of the agents of the Pakistani army.
Mojaheed had called Seraj an “agent of India” in his piece.
“Serajuddin Hossain, a notable journalist of the country and a member of the group of intellectuals, became the target of the Jamaat-e-Islami and Al-Badr Bahini,” said the tribunal, adding, “On the night of December 10, 1971, seven to eight youths, their faces covered with monkey caps and equipped with rifles, abducted Serajuddin Hossain from his rented house at 5, Chamelibagh, Dhaka, and he never returned nor was his body found.”
In another charge, Justice Kabir said, on August 30, 1971, Mojaheed, accompanied by Matiur Rahman Nizami, went to the army camp at the old MP Hostel in Nakhalpara, Dhaka. He started scolding Altaf Mahmud, Jahir Uddin Jalal, Badi, Rumi (son of Jahanara Imam), Jewel and Azad who were kept imprisoned there.
“Then you [Mojaheed] told one army captain that before the proclamation of clemency by the president, they [detainees] would have to be killed. Following this decision, you [Mojaheed] with the assistance of accomplices killed the civilian detainees by causing inhuman torture,” said the tribunal.
“The dead bodies of the victims could not be traced even,” added the tribunal.
Earlier on the day, the tribunal granted two prosecution petitions, one for bringing an additional charge against Mojaheed and the other for an additional witness in the case against him.
Earlier in the year, the prosecution had submitted 34 charges against Mojaheed before Tribunal-1, which took the charges into cognisance on January 26.
On April 25, the case was transferred to Tribunal-2 and after submission from the prosecution, the tribunal fixed yesterday for passing an order on charge framing.
Mojaheed was arrested in connection with another case on June 29, 2010, but on August 2 of the same year he was shown arrested in a case filed in connection with crimes against humanity.
If convicted, Mojaheed could get the death penalty. The war crimes act only allows a convict to appeal to the Appellate Division of the Supreme Court against his conviction and sentence.
FOUR OTHER CHARGES
The tribunal said after holding a meeting, Mojaheed accompanied by his accomplices on May 13, 1971 attacked the Hindu community of Bakchar village in Faridpur and tied up at least nine people.
The wife of Upen Saha, one of the detainees, even requested the release of her husband in exchange of money and jewellery.
“…following your [Mojaheed] instruction your accomplices killed all the apprehended civilians belonging to the Hindu community,” said the tribunal, adding that one woman was then raped.
“You [Mojaheed] and your accomplices looted and burnt the house of one Anil Saha and by such discriminatory and persecutory conduct you compelled villagers to depart for India,” said the tribunal.
It noted that on a day in the middle of May, 1971, Mojaheed, accompanied by one Hammad Moulana of Faridpur town and eight to 10 non-Bangalees and Pakistani army men, launched an attack on Hindu-dominated Baidyadangi, Majhidangi and Baladangi villages. It said the attack was made with intent to destroy the community either in whole or in part. It said 50-60 Hindus were killed in indiscriminate gun fire and their houses were burnt down.
The tribunal said one morning in the first week of June, 1971, Razakars apprehended Ranjit Nath of Rathkhola in Faridpur and brought him before Pakistani army Major Akram at Faridpur Old Circuit House, where Mojaheed was also present.
It said getting a signal from Mojaheed, after his talks with the major, some Razakers and non-Bangalee people took Ranjit to the house of Abdur Rashid on the eastern side of the Bihari camp. Ranjit was kept confined in the house and tortured. He, however, managed to escape later.
On July 26, 1971, Razakars abducted Abu Yusuf, suspecting him to be a freedom fighter, from Alfadanga in Faridpur and brought him to the army camp set up in Faridpur stadium. The same day, Mojaheed went to the camp and said something to a Pakistani army major which caused Yusuf to be tortured severely.
Yusuf was kept there for 33 days during which time he was tortured inhumanly. He was moved to Jessore Cantonment later on.
