Fact:
Nath)
Abul Kalam Azad (absconded) a member of Razaker Force and subsequently the
local commander of Al-BadarBahini and or as a member of a group of individuals
being accompanied by accomplices is alleged to have abducted, tortured and
confined RanjitNath and Babu Nath, during the first week of June 1971. Then he
has been charged for the physical participation and also for substantially
contributing to the actual commission of the offense of ‘abduction, confinement,
and torture as a crime against humanity’ by directing attack against the Hindu
civilian population 1
Charge No.2 (Abduction confinement and Torture on Abu Yusuf Pakhi)
Abul Kalam Azad is alleged to have tortured and confined Abu Yusuf Pakhi on 26
July 1971, during the war of liberation. It narrated in the charge no.02 and thereby
he has been charged for the physical participation and for substantially contributing
to the actual commission of the offense of ‘abduction, confinement and torture as
crime against humanity’ by directing attack against the Hindu civilian population.
Charge No.3(SudhangniMohon Roy Killing)
Moulana Abul Kalam Azad with 10/12 armed Razakers attacked the village
Kolaron under police station Boalmari in district Faridpur. Moulana Abul Kalam
Azad alleged to have killed SudhangsuMohon Roy in the village Kolaron. He has
been also charged for the physical participation and for substantially contributing
to the actual commission of offence of 'murder as crime against humanity' by
directing attack against the Hindu civilian population.
Charge No.4(Madhab Chandra Killing)
Moulana Abul Kalam Azad is alleged to kill Madhab Chandra Biswas at village
‘PururaNampara with 10/12 other armed Razakers
In detail, Moulana Abul Kalam Azad with other Rajakars launched an attack to the
house of Madhab Chandra Biswas who was a supporter of Awami League and
after looting the ornaments and households, etc. They dragged Madhab Chandra
Biswas out of his house and took him to the east bank of a pond. Where accused
Abul Kalam Azad himself gunned down him to death and afterward the accused
also killed Gyanen-draMondol at the same spot. Abul Kalam Azad with others
Razakers attacked targeting the Hindu village and killing of Awami League
supporter indicates that the criminal acts of looting and murders were part of
'systematic attack' in furtherance of policy and plan directed against the civilian
population.
Charge No.5 (Committing Rape upon Devi Rani and Shova Rani)
During the War of Liberation, Moulana Abul Kalam Azad is alleged to have
attacked the house of Sudhir Biswas, Gosai Pada Biswas of the village ‘Natibodia’
in police station Boalmari district Faridpuron. Then allegedly committed rape upon
Devi Rani and Shova Rani. He has been charged for the physical participation and
for substantially contributing to the actual commission of the offense of ‘rape as a
crime against humanity’ by directing attack targeting the Hindu civilian population
The matters which appear to have been proved from corroborative evidence of
P.W.13 and P.W.14, are that on the date, time and in the manner accused Abul
Kalam Azad and his 10-12 accomplices attacked their village. Which was
predominantly Hindu populated with frequent gun firing and with this the male
members of their family remained in hiding inside a jute field adjacent to their
house. Then the gang attacking their house kept the female members encircled and
from them Shova Rani and Devi Rani were segregated and the accused and some
of his accomplices dragged them to the dwelling hut of Shova Rani and detained
them for one and half hour (as deposed by P.W.13).
Charge No.6 (Killing of ChittaRanjan Das)
Moulana Abul Kalam Azad with 10/12 armed Razakers is alleged to launched an
attack targeting the Hindu community of village ‘Fulbaria’ on 03 June 1971,
during the War of Liberation.
Charge No.7 (Crime of ‘genocide)
Abul Kamal Azad is alleged to have caused indiscriminate destruction and killing
of (1) Sharat Chandra Poddar, (2) Suresh Poddar, (3) Shyama Pada Saha, (4)
Jatindra Mohan Saha, (5) Nil RatanSamadder, (6) SubolKoyal and (7) Mallik
Chakravarti, the members of Hindu community by gunshot on May 17 1971 in the
early morning,. It is also alleged that in conjunction of the incident, the accused
and his accomplices gunned down (8) Haripada Saha residents of crime village
Hasamdia and (9) Probir Kumar Saha Puitta to death by abducting them to the
riverbank of ‘Maindia bazar. And thereby the accused has been charged for the
physical participation and also for substantially contributing to the actual
commission of offense of ‘genocide’ for ‘killing the members of Hindu
community’, with intent to destroy the Hindu religious group P.W.17 does not
claim to have witnessed the accused killing his father and brother. However, he has
stated that he learned instantly after the incident from Surja Kumar Das, a bullet-
injured victim that accused Abul Kalam Azda accompanied the army during thekilling. Thus, it is inferred that the accused substantially contributed and
encouraged the gang of perpetrators in the accomplishment of the crimes. 2
Charge No.8 (Anjalli Das abduction and torture)
Abul Kalam Azad entered inside the house of Guru Das, a civilian village dweller
of the village ‘Ujirpur Bazarpara’ under police station Saltha district Faridpur is
alleged to have abducted Anjali Das (18) Rani of the crime village on 18 May
1971, during the War of Liberation. He with 7/8 other Rajakar kept her confined
and tortured and thereby the accused has been charged for the physical
participation and also for substantially contributing to the actual commission of the
offense of ‘abduction, confinement, and torture as crimes against humanity’ by
directing attack targeting the Hindu civilian population.
Issue
Whether Moulana Abul Kalam Azad will be held guilty of all those charges underSections 3(1), 3(2)(a), 3(2)(c)(i), 4(1) and 20(2) in the International Crimes
Tribunals (ICT) Act or not? 3
Judgment
That the accused Moulana Abul Kalam Azad or the son of late Abdus Salam Mia& late Magfura Khatunis found guilty of the offenses of 'crimes against humanity.
This offense listed in charge no. Section 3,4 and 6 in the International Crimes
(Tribunals) Act, and for the offence of 'genocide (charge no.7) and he be convicted
and sentenced to death and be hanged by the neck till he is dead under section
20(2) of the International Crimes (Tribunals) Act, 1973.No separate sentence of imprisonment is being awarded to the accused Abul
Kalam Azad for convictions relating to the offenses of crimes against humanity as
listed in charge no. 1, 5 and 8. There he was found guilty too. The 'sentence of
death' has been awarded to him in respect of four other charges as mentioned
above.
The accused Abul Kalam Azad is however found not guilty of the offence of
crimes against humanity as listed in charge no.2 and he be acquitted thereof.
Since the convicted accused has been absconding the 'sentence of death' as
awarded above shall be executed after causing his arrest or when he surrenders
before the Tribunal, whichever is earlier. The sentence of death awarded as above
under section 20(2) of the International Crimes (Tribunals) Act, 1973 [The Act
No.XIX of 1973] shall be carried out and executed in accordance with the order of
the government as required under section 20(3) of the said Act.
Issue conviction warrant. Let a copy of the Judgment be transmitted together with
the conviction warrant to the Inspector General of Police, Bangladesh Police,
Police Headquarters, Dhaka for information and necessary action and compliance.
Let a copy of the judgment be transmitted also to the District Magistrate, Dhaka for
information and necessary compliance. 5
Reasoning
From the evidence of P.W.5, the victim of the offense of abduction, confinement
and torture and P.W.15, it is proved that after apprehending him(P.W.5) he was
brought to the Pakistan army camp at Faridpur circuit house. Where he found
accused Moulana Abul Kalam Azad holding a meeting with Major Koraishi,
Mujahid , Afzal, and others and therefrom, on direction of Mujahid the accused Abul Kalam Azad and his associates blindfold-ded him (P.W.5 Ranjit). Then they
took him to Faridpur Zilla School ground. Then they put him under a palm tree and
had beaten him up for one hour and then he was kept confined in a house inside the
Bihari colony and around midnight he (P.W.5 Ranjit) escaped breaking through a
window.
Here, Abul Kalam Azad was found guilty of the offense of abduction,
confinement, and torture as 'crimes against humanity' as specified in section 3(2)(a)
of the Act and he be convicted and sentenced under section 20(2) of the Act.
Charge No.2: NOT GUILTY
Since it could not be established that accused himself had involvement with the
alleged act of abducting and handing him (P.W.18) over to the army camp. The
mere fact revealed from evidence of P.W.18 that the accused used to visit the camp
and remained present while torture was caused to other detainees does not give rise
to an irresistible inference that the accused himself was involved with the act of
confining and causing torture to P.W.18, the victim.
So, Moulana Abul Kalam Azad was not found guilty of the offense of abduction,
confinement, and torture as 'crimes against humanity' as specified in section 3(2)(a)
of the Act.
Charge No.3: GUILTY
The killing of Sudhangshu Mohan Roy and the criminal acts committed in
conjunction of the event by the accused and his accomplices were not isolated for
which the accused Abul Kalam Azad is found criminally responsible under section
4(1) of the Act of 1973. The criminal acts on part of the accused and his
accomplices was certainly a part of attack against civilian population which
qualifies the offence alleged as murder as crime against humanity as specified in
section 3(2) (a) of the Act of 1973 which are punishable under section 20(2).
Charge No.4: GUILTY
Concatenation of incriminating facts narrated by the P.W.6, P.W.8, and P.W.10
coupled with relevant facts suffices to prove the commission of the event of the
offense of murder of Madhab Chandra Biswas and Gyannedra Mondol as crimes
against humanity and mode of participation of the accused therewith. We have
found, it has been established beyond reasonable doubt from the evidence of P.W.6
and P.W.8 and P.W.10 the residents of the crime village and live witnesses that on
the date, time and in the manner an armed gang of Razakars led by accused Abul
Kalam Azad had launched attack to the house of Madhab Chandra Biswas.
Madhab Chandra Biswaswas a supporter of Awami League and after they looting
the ornaments and households of Madhab Chandra Biswasetc. They dragged
Madhab Chandra Biswas out of his house and took him to the east bank of a pond
of P.W.
Here, Abul Kalam Azad was found guilty of offence of murder as 'crimes against
humanity' which is specified in section 3(2)(a) of the Act he is convicted and
sentenced under section 20(2) of the Act. 6
Charge No.5: GUILTY
The accused Abul Kalam Azad as has been proved that he had directly participated
to the commission of the offence of rape as described in the charge no.4. Thus, he
incurs individual criminal liability under section 4(1) of the Act and found guilty
for perpetration of the offence listed in charge no. 05 which is punishable under
section 20(2).
Charge No.6: GUILTY
Having regard to the evidence of P.W.2, P.W.4 and P.W.9 we are thus convinced
in arriving at decision that the atrocious event of attack launched directing thecrime village Phulbaria by the gang of armed Razakars led by accused Abul Kalam
Azad on the date time and in the manner has been proved beyond reasonable
doubt.
Moulana Abul Kalam Azadfound guilty of offence of murder as 'crimes against
humanity' which is specified in section 3(2)(a) of the Act he be convicted and
sentenced under section 20(2) of the Act.
Charge No.7: GUILTY
Form evidence it is proved that Perpetration of the horrific event including murder
of numerous civilians targeting the Hindu group including the father of P.W.19 on
the date time and manner as narrated by a live witness P.W.19 has been proved. At
the same time,prosecutionhave found from evidence of P.W.19 that the accused
accompanied the gang of perpetrators and how Moulana Abul Kalam Azadhad
directly participated to the commission of destructive crimes. All these facts
remain totally undisputed in cross-examination of P.W.19. We have found that the
prosecution has been able to prove ‘genocide’ offence of MoulanaAbul Kalam
Azad by the evidence of P.W.16, P.W.17, P.W.19 and P.W.20 of whom P.W.16
and P.W.19 are the live witnesses.
And Moulana Abul Kalam Azad found guilty of offence of 'genocide' for 'killing
the members of Hindu community as specified in section 3(2)(c)(i) of the Act he
be convicted and sentenced under section 20(2) of the Act. 7
Charge No.8: GUILTY
From evidence of P.W.11 and P.W.12 we have found it proved that on the date
time and in the manner accused Abul Kalam Azad being accompanied by armed
accomplices launched attack to the house of Anjali Das and defying oral
confrontation they forcibly took away Anjali Das with them.The accused, in furtherance of policy and plan of the Pakistani army and the
organization collaborating it launched such attack directing the Hindu community,
a part of the civilian population and the criminal acts were done in the context of
the war of liberation in 1971.
Therefore, the accused Abul Kalam Azad is found to have incurred criminal
liability under section 4(1) of the Act.And he is alsofound guilty for committing
the offence of abduction, confinement and torture as crimes against humanity as
specified in section 3(2) (a) of the Act which is punishable under section 20(2)
 |
Abul Kalam Azad or 'Bachchu Razakar' |
