রাষ্ট্রপক্ষের আর্গুমেন্ট : ব্যারিস্টার তুরিন আফরোজ কর্তৃক লিখিত লিগ্যাল সাবমিশন

International Crimes Tribunal II

Chief Prosecutor

v.

Md. Abdul Alim

ICT BD Case No. 1/12

IDENTITY OF MR. ALIM

Submitted by

Tureen Afroz, Prosecutor

10 September 2013

IDENTITY OF MR. MD. ABDUL ALIM

1.    My Lords, identity of the accused is undoubtedly a pertinent issue for legal findings of liabilities under the 1973 Act. In the present case, therefore, it is essential to identify the accused Mr. Md. Abdul Alim in the proper context. The question before this Honorable Tribunal is thus: Who is Mr. Md. Abdul Alim?

2.    My Lords, the Prosecution submits that the accused Mr. Md. Abdul Alim is:

(a) An individual (natural person) capable of bearing the Individual Criminal Responsibility (ICR) under the 1973 Act;

And/or

(b) A leader/member of the group ‘PEACE CUM DEFENSE COMMITTEE’ formed at the direction of the Convention Muslim League in 1971 and as such, he is capable of bearing liability for both Joint Criminal Enterprise (JCE) and Superior Responsibility (SR) under the 1973 Act;

And/or

(c) A leader/member of the group ‘RAZAKAAR’ formed at the direction and with the cooperation of the Convention Muslim League in 1971 and as such, he is capable of bearing liability for both Joint Criminal Enterprise (JCE) and Superior Responsibility (SR) under the 1973 Act;

And/or

(d) A member of the group of perpetrators committing crimes under the 1973 Act in 1971 and as such, he is capable of bearing liability for Joint Criminal Enterprise (JCE) under the 1973 Act.

ALIM AS INDIVIDUAL

3.    My Lords, the Prosecution submits that the evidence in this case establishes the following facts:

(a) Mr. Md. Abdul Alim was a resident of Joypurhat during 1971;

(b) Mr. Md. Abdul Alim was a highly educated person by 1971;

(c) Mr. Md. Abdul Alim was a lawyer by profession by 1971;

(d) Mr. Md. Abdul Alim was a leader of the Convention Muslim League[1] by 1971;

(e) Mr. Md. Abdul Alim, on behalf of the Convention Muslim League, contested unsuccessfully the election of 1970;

(f)   Mr. Md. Abdul Alim, on behalf of the Convention Muslim League, won uncontested the bye-election of 1971;

(g) Mr. Md. Abdul Alim publicly continued his political and criminal activities during 1971.

PERSONAL / PROFESSIONAL IDENTITY

4.    My Lords, the Charge Framing Order, dated 11.06.2012 at paragraph 3 states that:

‘Accused Md. Abdul Alim son of late Abdul Wahed of Islamia Rice Mill, thana road police station Joypurhat under district Joypurhat was born on 01 November 1930 in the village Pandua under police station Hooghli, West Bengal, India. He and his family migrated to the then East-Pakistan in the year of 1950-51 and settled at Joypurhat. After having M.A. and LL.B. degree he joined the legal profession.’[2]

5.    My Lords, DW 3, the son of the accused, in his deposition corroborates the above facts and further states that:

‘My father passed his matriculation from Isabela Mondalai High School of Pandua (India), intermediate from Hooghli Mohsin College (India), graduation from Calcutta Islamia College (India). My father passed his M.A. in 1951 and LL.B. in 1953 from Dhaka University.’[3]

6.    My Lords, DW 3 further states that:

‘My father got elected twice as the President of the Joypurhat District Bar Association.’[4]

POLITICAL IDENTITY

7.    My Lords, the undisputed fact as stated in the Charge Framing Order dated 11.06.2012 at paragraph 3 establishes that:

‘(Accused Md. Abdul Alim) … in 1958 … joined the Convention  Muslim League and got the responsibility of (D)ivisional (O)rganizing (S)ecretary of the party in 1962. In 1971 he was an influential leader of the Convention Muslim League and (V)ice-(C)hairman, Bogra (D)istrict (C)ouncil.’[5]

8.    Further My Lords, the Prosecution submits that because of such influential role, the accused Mr. Md. Abdul Alim got the nomination of the Convention Muslim League to contest the 1970 election. PW 1,[6] PW 2,[7] PW 3,[8] PW 4,[9] and PW 14[10] testify on this point.

9.    My Lords, the Prosecution submits that Mr. Md. Abdul Alim’s participation in the 1970’s election can also be evidenced from the documentary evidence: Abul Kashem (ed.), Muktijudhhe Joypurhat (Joypurhat: Zilla Proshashok, 1999).[11] This states:

‘70 Gi wbev©P‡b Rqcyinv‡U RvZxq cwil‡` cÖv_©x wQ‡jb AvIqvgx jx‡Mi Wt gwdR †PŠayix , gymwjg jx‡Mi (Kb‡fbkb) Avãyj Avjxg, Rvgv‡Z Bmjvgxi AveŸvm  Avjx Lvb Ges gymwjg jx‡Mi (KBqyg MÖ“c) Aa¨¶ gnmxb Avjx †`Iqvb| GB wbev©P‡b wecyj †fv‡U AvIqvgx jxM cÖv_x© Wt gwdR †PŠayix wbe©vwPZ nb |’[12]

‘GwM‡q G‡jv 1970 mv‡ji wbe©vPb| AvIqvgx jxM †_‡K RvZxq cwil‡` RqcyinvU cuvPwewe †¶Zjvj wbe©vPbx GjvKvq g‡bvbqb †c‡jb gwdR †PŠayix wc,GBP,wW| Av`gw`Nx `ycPuvwPqv †_‡K gwRei ingvb Av‡°jcyix| cÖv‡`wkK cwil‡` RqcynvU cuvPwewe Avm‡b Wvt mvB`yi ingvb, †¶Zjvj I `yc PvwPqvq Aveyj nvmbvZ †PŠayix| RvZxq cwil‡` Wt gwdR †PŠayixi cªwZØ›Øx wQ‡jb RvgvZ B Bmjvgxi AveŸvm Avjx Lvb, Kb‡fbkb gymjxg jx‡Mi Ave`yj Avjxg, KvBqyg gymjxg jx‡Mi Aa¨¶ †gvnwmb Avjx †`Iqvb| cÖv‡`wkK cwil‡`i Wvt mvB`yi ingv‡bi cÖwZØ›Øx wQ‡jb b¨vc †gvRvdd‡ii wgi knx` gÛj| Kb‡fbkb gymjxg jx‡Mi Wvt †iv¯—g Avjx|’[13]

‘70 Gi 7B wW‡m¤^i G AbywôZ mvaviY wbe©vP‡b RvZxq cwil‡` m¤cÖwZ cÖqvZ Wt gwdR †PŠayix RvZxq cwil` m`m¨ Ges 17B wW‡m¤^‡i AbywôZ cÖv‡`wkK cwil‡` cÖvqvZ Wvt mvB`yi ingvb cÖv‡`wkK cwil‡`i m`m¨ wbe©vwPZ nb AvIqvgx jxM cÖv_©x wn‡m‡e wecyj †fvUvwa‡K¨| RvZxq cwil‡` Ab¨vb¨ cÖv_©x wQ‡jb gymwjg jx‡Mi (Kb‡fbkb) Avãyj Avjxg, Rvgv‡Z Bmjvgxi AveŸvm Avjx Lvb, KvDwÝj gymwjg jx‡Mi mvB`yi ingvb †PŠayix ¯^Zš¿ cÖv_©x| b¨v‡ci (†gvRvddi) cÖv_©x bv _vKvq AvIqvgx jxM Gi cÖv_x©‡K mg_©b Rvbvq| RvZxq cwil‡`i GjvKv wQj cuvPwewe, RqcyinvU I †¶Zjvj _vbv wb‡q|’[14]

PUBLIC ACTIVITIES DURING 1971

10.                       My Lords, DW 3 (son of the accused) in his deposition claimed that his father was in hiding since third week of April, 1971[15] and as such, he implied that his father (the accused) could not have participated in any public activities, social or political, during 1971. Very specifically, DW 3 testified that:

‘During 1971 my father did not participate in any election.’[16]

11.                       However, My Lords, the Prosecution submits to the contrary. Evidences clearly establish that the accused Mr. Md. Abdul Alim was publicly active in his criminal activities during 1971.

12.                       My Lords, the eye witnesses to this case have testified before this Honorable Tribunal in support of charges brought against Mr. Md. Abdul Alim to the effect that Mr. Md. Abdul Alim was physically present at the places of occurrence of the crimes committed under Charge 1,[17] Charge 2,[18] Charge 6,[19] Charge 8,[20] Charge 9,[21] Charge 10,[22] Charge 11,[23] Charge 12,[24] Charge 13,[25] Charge 14,[26] Charge 15,[27] and Charge 16.[28]                                                                                                                                                                                                                                                                                                                                                                                                 

13.                        My Lords, further the Material Exhibit No. II (Old),[29] Laminated photograph of Mr. Md. Abdul Alim with the victims during end of June 1971 clearly establishes that Mr. Md. Abdul Alim continued with his public activities during 1971. 

14.                       Further, My Lords, the Prosecution submits that Mr. Md. Abdul Alim, being a leader of the Conventional Muslim league, continued his public life and activities all through 1971. Evidence clearly shows that Mr. Md. Abdul Alim did participate in the 1971 bye-election.

15.                       My Lords, on 23 October 1971 the Dainik Sangram, at page 3, published the list of 181 candidates who by then submitted their nomination papers for the 1971 Bye-Election on 58 seats of the then (claimed) provincial council.[30] The said list shows that against the seat PE-33 (Bogra 1) 3 persons filed their nomination papers.[31] They were: Abdul Alim (Pakistan Muslim League Convention), Mohd. Dr. Rustom Ali Mondol (Pakistan Muslim League Convention) and Abu Taher Md. Asaduzzaman (Jamaat-E-Islam).

16.                       My Lords, further on 28 October 1971 the Dainik Sangram published a report to the effect that an ‘election coalition’ to participate in the 1971 Bye-Election was formed among the then 6 political parties, namely, Nezam-E-Islam, Pakistan Muslim League (Council), Pakistan Muslim League (Quayum), Pakistan Muslim League (Convention), Jamaat-E-Islam and PDP.[32] In the said report, at serial number 22, Mr. Md. Abdul Alim’s name was approved for the seat PE-33 (Bogra 1) by the above mentioned 6 party ‘election coalition’.[33]

17.                       My Lords, finally on 31 October 1971 the Dainik Sangram published another report declaring the list of 36 uncontested winner of the 1971 Bye-Election.[34] In the said report, at serial number 20, Mr. Md. Abdul Alim was declared the uncontested winner of the 1971 Bye-Election for the seat PE-33 (Bogra 1).

18.                        My Lords, further the List of MNA and MPA, Material Exhibit No. IV, Serial No. 81, Original Documents VOL. 12, p. 3386 and the List of MPA, Material Exhibit No. IV, Serial No. 18, Original Documents VOL. 12, p. 3399 show that Mr. Md. Abdul Alim was an elected MPA of the 1971 Bye-Election.

19.                       Therefore, My Lords, it is clear from the evidence that the accused Mr. Md. Abdul Alim continued his public activities during 1971.

SUMMARY

20.                       My Lords, the Prosecution therefore establishes, beyond reasonable doubt, that:

a.     Mr. Md. Abdul Alim was a resident of Joypurhat during 1971;

b.    Mr. Md. Abdul Alim was a highly educated person by 1971;

c.     Mr. Md. Abdul Alim was a lawyer by profession by 1971;

d.    Mr. Md. Abdul Alim was a leader of the Convention Muslim League by 1971;

e.    Mr. Md. Abdul Alim, on behalf of the Convention Muslim League, contested unsuccessfully the election of 1970;

f.       Mr. Md. Abdul Alim, on behalf of the Convention Muslim League, won uncontested the bye-election of 1971; and

g.    Mr. Md. Abdul Alim publicly continued his political and criminal activities during 1971.

ALIM AS LEADER/MEMBER OF THE ‘PEACE CUM DEFENSE COMMITTEE’

21.                       As far as the Peace Committee Nexus is concerned, My Lords, the Prosecution submits that in all of the charges, except Charge 16, against Mr. Md. Abdul Alim, he was charged, inter alia, as the Chairman of the Local Peace Committee.

22.                       My Lords, the Prosecution submits that the evidence in this case establishes that the accused Mr. Md. Abdul Alim was a chairman/president/head/organizer/leader/commander/member of the group ‘PEACE CUM DEFENSE COMMITTEE’ formed at the direction of the Convention Muslim League in 1971 and as such, he is capable of bearing liability for both Joint Criminal Enterprise (JCE) and Superior Responsibility (SR) under the 1973 Act.

WITNESS TESTIMONIES

23.                       My Lords, the witnesses in their testimonies have identified the accused Mr. Md. Abdul Alim as:

Witnesses	Peace Committee Chairman/President/Head	Peace Committee Leader/Commander	Peace Committee Organizer	Peace Committee Member
PW 1	-	-	-	-
PW 2	-	√[35]	-	-
PW 3	√[36]	-	-	-
PW 4	-	√[37]	-	-
PW 5	-	-	√[38]	-
PW 6	-	√[39]	-	-
PW 7	√[40]	-	-	-
PW 8	√[41]	-	-	-
PW 9	-	√[42]	-	-
PW 10	√[43]	-	-	-
PW 11	√[44]	-	-	-
PW 12	√[45]	-	-	-
PW 13	-	-	-	-
PW 14	-	-	-	√[46]
PW 15	-	-	-	-
PW 16	-	-	√[47]	-
PW 17	-	-	-	-
PW 18	√[48]	-	-	-
PW 19	-	-	-	-
PW 20	-	-	-	-
PW 21	√[49]	-	-	-
PW 22	√[50]	-	-	-
PW 23	√[51]	-	-	-
PW 24	√[52]	-	-	-
PW 25	√[53]	-	-	-
PW 26	-	-	-	√[54]

24.                        My Lords, further, the following documentary evidence shows that the accused Mr. Md. Abdul Alim was the Chairman or the President or the Head or the Leader of the Peace Committee:

	Description	Year of Publication	Exhibit	Original Document
1	Records of Abdul Alim’s public presence at a meeting on 14 August 1971 East Pakistan Police Abstract	1971	Material Exhibit No. XIII	VOL 13, p. 3694
2	‘Hanadar Bahinir Borborota’, Dainik Bangla, 18 January 1972	1972	Exhibit No. 17	VOL 12, p. 3304
3	‘Pakahanadar Bahinir Borborota’, Dainik Bangladesh (Bogra), 23 January 1972	1972	Exhibit No. 32	VOL 32, p. 2901-2902
4	Ahmed Sharif, Kazi Nuruzzaman and Shahriar Kabir (ed.), Ekattur er Ghatok Dalalera Ke Kothay? (Dhaka: Muktijudhher Chetona Bikash Kendra, 1987 ) at p. 38-39	1987	Material Exhibit No.  VII
5	Gonotodonto Commission Report, 1993	1993	Exhibit No. 14	VOL 13, p. 3737-3739
6	Abul Kashem (ed.), Muktijudhhe Joypurhat (Joypurhat: Zilla Proshashok, 1999) at p. 62 and 231.	1999	Material Exhibit No. VI
7	‘Muktijoddha Hottakari Abdul Alim Ekhon Jonoprotinidhi’, Dainik Janakantha, 21 December 2000.	2000	Exhibit No. 5 Series	VOL 9, p. 2340-2341
8	‘Joypurhat e Shei Razakaar Abdul Alim er Kushoputtolika Daho: Bichar Dabi’, Dainik Janakantha, 22 February 2001	2001	Exhibit No. 11	VOL 12,  p. 3282-3283
9	‘Abdul Alim er Poishachikotay Ajo Manusher Ga Shiure Uthe’, Bhorer Kagoj, 8 November 2007.	2007	Exhibit No. 8 Series	VOL 9, p. 2270-2271
10	‘Alim Khun Koriyechhe Oshonkhyo Muktijdhhake’, Dainik Janakantha, 13 April 2010.	2010	Exhibit No. 12	VOL 12, p. 3279

           

TYPES OF PEACE COMMITTEES

25.                        My Lords, the Prosecution submits that there were many Peace Committees formed in Bangladesh during 1971. Though each of such committees had the generic title of ‘Peace Committee’, each differed from the other either in title or in organizational affiliation. For example,

                                                                    i.            Citizen Peace Committee;

                                                                  ii.            Pakistan Peace and Welfare Council Committee;

                                                                iii.            Central Peace Committee;

                                                               iv.            Local Peace Committee;

                                                                 v.            Special Peace Committee;

                                                               vi.            Peace Cum Defense Committee;

                                                             vii.            Rehabilitation and Coordination Peace Committee;

                                                           viii.            Defense Peace Committee;

                                                               ix.            Law and Order Reinstate Peace Committee;

                                                                 x.            City Peace Committee;

                                                               xi.            Finance Peace Committee;

                                                             xii.            Small Industry Development Peace Committee;

                                                           xiii.            Fisheries Development Peace Committee;

                                                           xiv.            Transportation and Communication Peace Committee;

                                                             xv.            Publicity Peace Committee;

                                                           xvi.            Relief and Rehabilitation Peace Committee; etc.[55]  

26.                       My Lords, evidence establishes that during 1971 Peace Committees had specific political affiliation too. For example, evidence shows that the peace committees formed by the Convention Muslim League were known as ‘Peace Cum Defense Committee’.[56] Also, it was stated at page 171-172 of the Muktijudhhe Joypurhat:[57]

‘1971 mv‡ji 12B wW‡m¤^i I c‡ii `yB w`b A_©vr 14B wW‡m¤^i ch©š— w`b¸wj Rqcyinv‡Ui BwZnv‡mi AZ¨š— ¯§iYxq| KviY, GB w`b¸wj‡Z RqcynvUevmx Zv‡`i wPivKvw•LZ gnvb gyw³hy‡×i weRq †`Lvi my‡hvM jvf K‡i| AÎ A‡ji ¯^vaxbZvKvgx RbZv Zv‡`i wcÖq ¯^vaxbZv AR©‡bi ØvicÖv‡š— hLb Ae¯’vb KiwQj, wVK †mB gyû‡Z© 12B wW‡m¤^i c~e©v‡ü RqcyinvU kn‡i cuvPzi †gvo bvgK e¨¯— ¯’v‡b gvBK ¯’vcb c~e©K RbM‡Yi mgx‡c wKQz AccÖPvi I weåvwš—gyjK e³e¨ Dc¯’vcb Kivi Av‡qvRb K‡i| ZrKvjxb Ôcxm Kvg wW‡dÝÕ KwgwUi †bZ…e„›`, hvi Awdm wQj evey †mvnb jvj evRjv Mw`Ni| Zviv GB Mw`Ni‡KB Zv‡`i KwgwUi Awdm wn‡m‡e e¨envi K‡i RbM‡Yi gv‡S wewfbœ fw½‡Z e³e¨ †ck KiwQj-ÔRqevsjvi ¯^v` wPiZ‡i wbg©~j n‡q †M‡Q| cvwK¯—vb †mbvevwnbx Pig AvµgY K‡i gyw³evwnbx I fviZxq evwnbx‡K wcQy nV‡Z eva¨ K‡i‡Q| Zv‡`i GB e³‡e¨ gyw³Kvgx RbmvaviY `ytL fvivµvš— g‡b wb‡R‡`i‡K Amnvq g‡b K‡i| wew¶ßfv‡e †Nviv‡div KiwQj| Zviv AviI †f‡½ c‡owQj hLb Dwj­wLZ     KwgwUi me‡P‡q eo GK‡bZvi †gvUv I M¤¢xi K‡Ú D”PvwiZ n‡jv, ÔAvgv‡`i †`k‡cÖwgK cvwK¯—vb †mbvevwnbx U¨vsK, †gwkbMvb, gU©vi I Ab¨vb¨ fvix A¯¿k¯¿ wb‡q wnwj mxgvš— AwZµg K‡i Amxg mvnwmKZvi m‡½ fviZ f~L‡Û cÖ‡ek K‡i‡Q| Ab¨w`‡K cwðg cvwK¯—vb †_‡K exi †mbvevwnbx fviZ f~L‡Ûi Ag„Zmi kniwU `Lj K‡i Zv‡`i c~Y©wbqš¿‡Y †i‡L‡Q| AviI e‡j †h, Z_vKw_Z gyw³‡hv×viv f‡q fxZ n‡q AvZ¥i¶v‡_© fvi‡Zi ebR½j-G AvZ¥‡Mvcb K‡i‡Q| fvi‡Zi cÖavbgš¿x Bw›`iv MvÜx Zuvi †`‡ki ¯^vaxbZv i¶vi ¯^v‡_© †Mvc‡b cvwK¯—v‡bi †`k‡cÖwgK ‡cÖwm‡W›U Bqvwnqv Lv‡bi Kv‡Q   cÖ¯—ve cvwV‡q‡Qb †h, wZwb Avi Z_vKw_Z gyw³evwnbx bvgavix mš¿vmx‡`i cÖkªq w`‡eb bv| weRq Avgv‡`i mywbwðZ| Avgiv cvwK¯—v‡bi mve©‡fŠgZ¡ Z_v Bmjvg‡K i¶v Ki‡Z m¤ú~Y©fv‡e m¶g n‡qwQ| wKQz¶‡Yi g‡a¨B Avgv‡`i cvKevwnbx RqcynvU n‡q wnwji w`‡K AMÖmi n‡e| RqcyinvUevmxi Kv‡Q Avgvi Av‡e`b I Dc‡`k Avcbviv mK‡jB cuvPzi †gv‡o GKwÎZ n‡q mg‡eZ K‡Ú Avj­û AvKei, cvwK¯—vb wR›`vev` cvK‡mbv wR›`vev`, gyw³evwnbx wbcvZ hvK aŸwb‡Z Rqcyinv‡Ui AvKvk evZvm gyLwiZ K‡i Zzjyb| cieZ©x‡Z msev`¸wj GB gvB‡Ki gva¨‡g GB ¯’vb †_‡K Avcbv‡`i ch©vqµ‡g Rvbv‡bv n‡e|Õ hLb GB †NvlYv †`Iqv nq, ZLb Rqcynv‡Ui gyw³cvMj RbZv gg©vnZ, `ytwLZ I w`‡knviv n‡q †Nviv‡div Ki‡Z _v‡K| `ycyi Nwm‡q Avmvi ci †`Lv †Mj H eo †bZvi wKQy msL¨K ¯^vaxbZvwe‡iv‡a f³ cvwK¯—vwb cZvKv nv‡Z cvwK¯—vb wR›`vev` aŸwb w`‡q cvwK¯—vwb †mbv‡`i Awfb›`b Rvbv‡Z cuvPzi †gv‡o mg‡eZ n‡q‡Q| Zv‡`i gy‡L nvwm, Dj­v‡m fiv gb, K‡Ú aŸwb Avi nv‡Z Zv‡`i dz‡ji gvjv| Zv‡`i Avkv GB †h, Zv‡`i wcÖq cvK‡mbviv gnvmgv‡iv‡n Avm‡Q| Aí wKQz¶Y c‡iB K‡q‡KwU U¨vsK I mymw¾Z cvK‡mbv cuvPzi †gv‡o G‡m Dcw¯’Z n‡jv| cvwK¯—vwb cZvKvewnx ¯^vaxbvZvwe‡ivaxiv H †bZvi †bZ…‡Z¡ cvwK¯—vb wR›`vev` aŸwb‡Z †g‡Z EVj| wKš‘ ev‡M¨i wbg©g cwinvm Ae¯’v nj wecixZ| cvwK¯—vwb evwnbxi eo Awdmvi K‡b©j †eM †gv‡oi GKwU Pv‡qi †`vKvb †_‡K GK Kvc Pv †L‡q mivmwi e¸ovi w`‡K iIbv n‡jb| Ges Zvi wb‡`©‡k cvwK¯—vwb †mbvivI `ª“Z MwZ‡Z Zv‡K AbymiY Kij| K‡b©j †eM‡K wenvix ivRvKvi AvwZKzj­vn e¨¯—Zvi mwnZ wRÁvmv Kij- wKqv evZ Kx avi hvivnv? †eM mv‡n‡ei gyLgÛ‡j wQj wegl©Zvi Qvqv| Avi †mbvevwnbxi †Rvqvbiv wQj LyeB bxie I wPš—vMÖ¯—| K‡b©j †eM Av‡¯— DËi w`j Ô`ykgb waiwjqvÕ| ivRvKvi‡`i Awfb›`b Zv‡`i g‡b †Kvb mvov RvMv‡Z cv‡iwb| Zviv `yªZMwZ‡Z e¸ovi w`‡K cjvqb Ki‡Z _vK‡jv| ¯’vbxq ivRvKvi cvwK¯—vb evwnbxi †`vmiiv †`ix‡Z n‡jI Ae¯’v †eMwZK eyS‡Z †c‡i wew”Qbœfv‡e ¯’vb Z¨vM Kivi cÖwZ‡hvwMZvq wjß n‡jv| wcm Kvg wW‡dÝ KwgwUi H cÖfvekvjx †bZv Rxc‡hv‡M AvZ¥‡Mvcb Kivi Rb¨ c~e©w`‡K cjvqb Ki‡jb| Rvgv‡Z Bmjvgxi Ôwcm KwgwUÕ I gymwjg jx‡Mi Ôwcm Kvg wW‡dÝÕ KwgwUi m`m¨e„›` AvZw¼Z n‡q w`Kwew`K †QvUvQzwU Ki‡Z jvMj| wenvix ivRvKvi AvwZKzj­vn I kvgxg †Kv_vq †m A`„k¨ n‡q †Mj Zvi wVKvbv †bB|’[58]

27.                       My Lords, it has already been established that Mr. Md. Abdul Alim was an influential leader of the Convention Muslim League by 1971. Evidence further shows that he also contested the 1970 election from Joypurhat representing the Convention Muslim League. Also, as per the evidence adduced, the 1971 bye-election in which Mr. Md. Abdul Alim won uncontested, had his candidature through Convention Muslim League only.

28.                       My Lords, the Prosecution therefore submits that the accused Mr. Md. Abdul Alim was the chairman/leader/member of the Peace Cum Defense Committee formed by the Convention Muslim League in 1971.

PEACE COMMITTEE: TIME OF FORMATION

29.                       My Lords, evidence shows that as early as 13 April 1971 there was already in existence a peace committee, titled, ‘Citizen Peace Committee’, which organized a public procession on 14 April 1971 in Dhaka city.[59] Volume 9 of the Defense Document at pages 004 and 005 contains excerpts of the ‘Fortnightly Report on Political Situation for the First Half of April 1971 from Special Branch, East Pakistan, Dacca’[60] which endorses exactly the similar information. 

30.                       My Lords, evidence further shows that on 10 April 1971 (Saturday) a 9-member Steering Committee under the leadership of Moulavi Farid Ahmed was formed.[61] The aim of such Steering Committee was to form Peace Committee Units of ‘Pakistan Peace and Welfare Council’ in every district of Bangladesh in 1971. Volume 9 of the Defense Document at page 004 contains excerpts of the ‘Fortnightly Report on Political Situation for the First Half of April 1971 from Special Branch, East Pakistan, Dacca’[62] which again endorses exactly the similar information.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      

31.                       Now, My Lords, evidence shows that on 15 April 1971 one Peace Committee with 91 members and a Managing Committee with 21 members were formed in Jahangirpur and was duly reported to the Sub-Divisional Officer, Netrokona on the same day. Volume 9 of the Defense Document at pages 102-106 contains the details of such information.[63]     

32.                       My Lords, the Prosecution submits that the Convention Muslim League was the pioneer political party which formed their own party-political Peace Cum Defense Committee at the earliest instance. Evidence shows that soon after the 9-member Steering Committee was formed under the leadership of Moulvi Farid Ahmed on 10 April 1971, the Convention Muslim League was the first political party to have directed its own units to immediately form Peace Committees in their respective areas.[64] This can be evidenced from reports published in Dainik Pakistan on 13 April 1971[65] and in Dainik Azad on 14 April 1971.[66] My Lords, the Prosecution further relies upon the statements made by Ghulam Azam in his book, Jibon e Ja Dekhlam (Vol III)[67] at page 157.

33.                        Further, My Lords, PW 7 in his deposition stated that between 16 and 19 April 1971 the Joypurhat Peace Committee (Peace Cum Defense Committee) (of which the accused was the chairman) was formed.

SUMMARY

34.                       My Lords, the Prosecution thus submits that by the time Panchbibi Haat Atrocity took place (20 April 1971), the accused Mr. Md. Abdul Alim was, beyond reasonable doubt, the chairman of the Peace Cum Defense Committee. 

ALIM AS LEADER/MEMBER OF THE ‘RAZAKAAR’

35.                       As far as the Razakaar Nexus is concerned, My Lords, the Prosecution submits that in all of the charges, except Charge 16, against Mr. Md. Abdul Alim, he was charged, inter alia, as a local influential leader of the Razakaar Militia.

WITNESS TESTIMONIES

36.                       My Lords, the witnesses in their testimonies have identified the accused Mr. Md. Abdul Alim as an influential leader of the Razakaar Militia:

Witnesses	Razakaar Head	Razakaar Commander	Razakaar Organizer
PW 1	-	-	-
PW 2	-	-	√[68]
PW 3	-	-	√[69]
PW 4	-	-	√[70]
PW 5	-	-	√[71]
PW 6	-	-	-
PW 7	-	√[72]	-
PW 8	-	√[73]	-
PW 9	-	-	-
PW 10	-	√[74]	-
PW 11	-	√[75]	-
PW 12	-	-	-
PW 13	-	-	-
PW 14	-	-	-
PW 15	-	√[76]	-
PW 16	-	-	√[77]
PW 17	-	-	-
PW 18	√[78]	-	-
PW 19	-	-	-
PW 20	-	-	-
PW 21	-	-	-
PW 22	-	-	-
PW 23	-	-	√[79]
PW 24	-	-	-
PW 25	-	-	-
PW 26	-	-	-

37.                        My Lords, further, the following documentary evidence shows that the accused Mr. Md. Abdul Alim was a leader of the Razakaar Militia:

	Description	Year of Publication	Exhibit	Original Document
1	‘Hanadar Bahinir Borborota’, Dainik Bangla, 18 January 1972	1972	Exhibit No. 17	VOL 12, p. 3304
2	‘Pakahanadar Bahinir Borborota’, Dainik Bangladesh (Bogra), 23 January 1972	1972	Exhibit No. 32	VOL 32, p. 2901-2902
3	Abul Kashem (ed.), Muktijudhhe Joypurhat (Joypurhat: Zilla Proshashok, 1999).	1999	Material Exhibit No. VI
4	‘Muktijoddha Hottakari Abdul Alim Ekhon Jonoprotinidhi’, Dainik Janakantha, 21 December 2000.	2000	Exhibit No. 5 Series	VOL 9, p. 2340-2341
5	‘Joypurhat e Shei Razakaar Abdul Alim er Kushoputtolika Daho: Bichar Dabi’, Dainik Janakantha, 22 February 2001	2001	Exhibit No. 11	VOL 12, p. 3282-3283
6	‘Abdul Alim er Poishachikotay Ajo Manusher Ga Shiure Uthe’, Bhorer Kagoj, 8 November 2007.	2007	Exhibit No. 8 Series	VOL 9, p. 2270-2271
7	‘Alim Khun Koriyechhe Oshonkhyo Muktijdhhake’, Dainik Janakantha, 13 April 2010.	2010	Exhibit No. 12	VOL 12, p. 3279

           

RAZAKAAR: TIME OF FORMATION

38.                       My Lords, evidence shows that the accused Mr. Md. Abdul Alim became the chairman of the Peace Cum Defense Committee before the Panchbibi Haat Atrocity of 20 April 1971. It is also submitted that in most of the instances, the Peace Committee played a crucial role in Razakaar recruitment and operation. Therefore, My Lords, Rezakaar nexus of the accused Mr. Md. Abdul Alim was also established before 20 April 1971.

39.                       My Lords, the Prosecution concedes that the East Pakistan Razakaar Ordinance, 1971 was promulgated on August 2, 1971.[80] However, evidences show that the recruitment and training of Razakaar militia started long before that.

40.                        My Lords, in the book, The Betrayal of East Pakistan (Karachi: OUP, 1998),[81] A A K Niazi stated that:

‘The proposal for raising an organized Razakaar Force remained under consideration with HQ CMLA and CHQ for a long time. Although their recruitment had started earlier, sanction for the raising of this force was given at the end of August 1971.’[82]

41.                       My Lords, similarly in an interview A A K Niazi commented that the Razakaar recruitment started by May 1971. The interview was published  in the book, Pakistan er Drishtite Ekattur,[83] the relevant part of the book was incorporated in Volume 10 of the Defense Document, at p. 425.

  

42.                       My Lords, further evidence shows that Razakaar Militia started their operation long before the East Pakistan Razakaar Ordinance, 1971 was promulgated on August 2, 1971. Volume 10 of the Defense Document, at p. 346, 347 and 349 clearly evidences such fact.[84]

                                                                

SUMMARY

43.                       My Lords, the Prosecution thus submits that by the time Panchbibi Haat Atrocity took place (20 April 1971), the accused Mr. Md. Abdul Alim was, beyond reasonable doubt, an influential leader of the Razakaar Militia. 

ALIM AS MEMBER OF ‘GROUP OF PERPETRATORS’

44.                        My Lords, in all of the charges against the accused Mr. Md. Abdul Alim, it is clear that the alleged crimes were committed by a group of perpetrators, including, the Pakistani Army, members of Peace Committee, members of Razakaar Militia, Biharis and the accused.

45.                       My Lords, the Prosecution submits that the accused, as a member of the said ‘group of perpetrators’, committed the alleged crimes through ‘aiding and abetting’.

SUMMARY

46.                        My Lords, the Prosecution thus submits that the accused Mr. Md. Abdul Alim was one of the partners in the alleged crimes and as such, bears the liability for Joint Criminal Enterprise (JCE) under the 1973 Act.

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[1] The Convention Muslim League was a faction of the Pakistan Muslim League that split-off in 1962 in support of the military regime of the then President of Pakistan, General Ayub Khan. The Pakistan Muslim League was the original successor of All India Muslim League that led the Pakistan Movement achieving an independent nation – Pakistan in 1947. On the foundation of Pakistan, the President of the Pakistan Muslim League, Muhammad Ali Jinnah, became the new nation's Governor-General, and the secretary general of the Pakistan Muslim League, Liaquat Ali Khan became the Prime Minister. Muhammad Ali Jinnah died in September 1948 and Liaquat Ali Khan was assassinated in October 1951. Robbed of its two senior leaders, Pakistan Muslim League began to disintegrate.[1] By 1953, dissensions within Pakistan Muslim League had led to the formation of several different political parties. Pakistan was racked by riots and famine, and at the first national elections in May 1955 (held by a system of indirect voting) Pakistan Muslim League was heavily defeated. In October 1958 the Army seized power and thereafter the martial law regime of Muhammad Ayub Khan banned all political parties. This was the end of the old Pakistan Muslim League. Ayub Khan formed a new party, the Convention Muslim League.

[2] Chief Prosecutor v. Md. Abdul Alim, Charge Framing Order, dated 11.06.2012, p. 3.

[3] Deposition of DW 3 at p. 188 (last paragraph).

[4] Deposition of DW 3 at p. 190 (second paragraph).

[5] Chief Prosecutor v. Md. Abdul Alim, Charge Framing Order, dated 11.06.2012, p. 3.

[6] Deposition of PW 1 at p. 1 (second paragraph).

[7] Deposition of PW 2 at p. 11 (first paragraph).

[8] Deposition of PW 3 at p. 23 (first paragraph).

[9] Deposition of PW 4 at p. 30 (first paragraph).

[10] Deposition of PW 14 at p. 90 (second paragraph).

[11] Material Exhibit VI.

[12] ‘gyw³hy‡×i cUf~wg'’ in Abul Kashem (ed.), Muktijudhhe Joypurhat (Joypurhat: Zilla Proshashok, 1999), Material Exhibit VI, p. 19.

[13] G¨vW‡fv‡KU †gvwgb Avn‡g` †PŠayix, ‘‡`‡k we‡`‡k gyw³hy‡×i ivR‰bwZK I mvsMVwbK ZrciZv: †cÖw¶Z RqcyinvU’ in Abul Kashem (ed.), Muktijudhhe Joypurhat (Joypurhat: Zilla Proshashok, 1999), Material Exhibit VI, p. 24.

[14] Avwgbyj nK eveyj, ‘1971-Gi Rvbyqvwi †_‡K 25†k gvP© ch©š— evOvjxi Av‡›`vjb: we‡kl K‡i gywKhy‡×i cÖ¯‘wZ‡Z cuvPwewe’ in Abul Kashem (ed.), Muktijudhhe Joypurhat (Joypurhat: Zilla Proshashok, 1999), Material Exhibit VI, p. 41.

[15] Deposition of DW 3 at p. 190 (third paragraph).

[16] Deposition of DW 3 at p. 190 (second paragraph).

[17] Depositions of PW 2, PW 5 and PW 6.

[18] Deposition of PW 4.

[19] Deposition of PW 9.

[20] Deposition of PW 1.

[21] Deposition of PW 2.

[22] Depositions of PW 2, PW 22 and PW 23.

[23] Deposition of PW 10.

[24] Depositions of PW 12 and PW 13.

[25] Deposition of PW 21.

[26] Depositions of PW 4 and PW 23.

[27] Depositions of PW 5 and PW 6.

[28] Depositions of PW 5 and PW 6.

[29] Original Documents Vol. No. 8, p. 2002.

[30] ‘Uponirbachon: Pradeshik Porishad e Eksho Ekashi Jon Prarthir Talika’, Dainik Sangram, 23 October 1971, Exhibit No. 28, Original Documents VOL. 11, p. 3068-3070.

[31] Please refer to the second column, line 20 of the published report.

[32] ‘Pradeshik Porishad er Uponirbachan: Chhoyti Dole r Shommoto Prarthider Naam er Talika Ghoshona’, Dainik Sangram, 28 October 1971, Exhibit No. 28, Original Documents, VOL. 11, p. 3060-3061.

[33] Id.

[34] ‘Pradeshik Porishad e Uponirbachan: Aro Ekotrishjon Prarthi Bina Protidonditay Nirbachito’, 31 October 1971, Exhibit No. 30, CD Part 7, p. 1860-1861.

[35] Deposition of PW 2 (p. 11, 1^st paragraph).

[36] Deposition of PW 3 (p. 24, 1^st paragraph).

[37] Deposition of PW 4 (p. 30, 2^nd paragraph).

[38] Deposition of PW 5 (p. 38, 1^st paragraph).

[39] Deposition of PW 6 (p. 44, 2^nd paragraph).

[40] Deposition of PW 7 (p. 49, 1^st paragraph; p. 51, 2^nd paragraph).

[41] Deposition of PW 8 (p. 56, 2^nd paragraph; p. 57, 2^nd paragraph).

[42] Deposition of PW 9 (p. 66, 3^rd paragraph).

[43] Deposition of PW 10 (p. 72, 2^nd paragraph).

[44] Deposition of PW 11 (p. 77, 2^nd paragraph).

[45] Deposition of PW 12 (p. 80, 1^st paragraph).

[46] Deposition of PW 14 (p. 91, 2^nd paragraph).

[47] Deposition of PW 16 (p. 101, 3^rd paragraph).

[48] Deposition of PW 18 (p. 108, 2^nd paragraph).

[49] Deposition of PW 21 (p. 116, 2^nd paragraph).

[50] Deposition of PW 22 (p. 119, 2^nd paragraph).

[51] Deposition of PW 23 (p. 123, 3^rd paragraph).

[52] Deposition of PW 24 (p. 134, 3^rd paragraph).

[53] Deposition of PW 25 (p. 149, 3^rd paragraph).

[54] Deposition of PW 62 (p. 144, 2^nd paragraph).

[55] For further, see, Muntassir Mamun, Shanti Committee 1971 (Dhaka: Mawla Brothers, 2012).

[56] ‘Dushkritokari Greftar’, Dainik Sangram, 1 September 1971.

[57] Abul Kashem (ed.), Muktijudhhe Joypurhat (Joypurhat: Zilla Proshashok, 1999), Material Exhibit VI.

[58] L›`Kvi †gvt Iqv‡R` Avjx, ‘RqcyinvU ¯^vaxb nevi c~e©gyn~Z©¸‡jv’ in Abul Kashem (ed.), Muktijudhhe Joypurhat (Joypurhat: Zilla Proshashok, 1999), Material Exhibit VI, p. 171-172.

[59] ‘Aaj Nagorik Shanti Committee r Michhil’, Dainik Pakistan, 13 April 1971, Exhibit No. 25, Original Volume 11, p. 3008-3009.

[60] Dated 19 April 1971, signed by A M Mesbahuddin, Deputy Inspector-General of Police, Special Branch, East Pakistan, Dacca.

[61] ‘Bharotiyo Procharonar Mokabila r Jonno: Farid Ahmed r Netritte Steering Committee’, Danik Pakistan, 13 April 1971, Exhibit No. 25, Original Volume 11, p. 3008 and 3010.

[62] Dated 19 April 1971, signed by A M Mesbahuddin, Deputy Inspector-General of Police, Special Branch, East Pakistan, Dacca.

[63] Dated 19 April 1971, signed by A M Mesbahuddin, Deputy Inspector-General of Police, Special Branch, East Pakistan, Dacca.

[64] ‘Bharotiyo Procharonar Mokabila r Jonno: Farid Ahmed r Netritte Steering Committee’, Danik Pakistan, 13 April 1971, Exhibit No. 25, Original Volume 11, p. 3008 and 3010.

[65] ‘Shanti Committee Gothon er Ahoban’, Danik Pakistan, 13 April 1971, Exhibit No. 25, Original Volume 11, p. 3010.

[66] ‘Muslim League Netribrinder Bibriti: Shorbotro Shanti Committee Gothon er Ahoban’, Dainik Azad, 14 April 1971, Exhibit No. 25, Original Volume 11, p. 3013.

[67] Ghulam Azam, Jibon e Ja Dekhlam (Vol III) (Dhaka: Kamyaab Prokashon Ltd, 2004), Material Exhibit V, at p. 157.

[68] Deposition of PW 2 (p. 11, 2^nd paragraph).

[69] Deposition of PW 3 (p. 24, 1^st paragraph).

[70] Deposition of PW 4 (p. 31, 2^nd paragraph).

[71] Deposition of PW 5 (p. 38, 1^st paragraph).

[72] Deposition of PW 7 (p. 49, 2^nd paragraph; p. 50, 2^nd paragraph).

[73] Deposition of PW 8 (p. 57, 2^nd paragraph).

[74] Deposition of PW 10 (p. 72, 2^nd paragraph).

[75] Deposition of PW 11 (p. 77, 2^nd paragraph).

[76] Deposition of PW 15 (p. 96, 2^nd paragraph).

[77] Deposition of PW 16 (p. 101, 3^rd paragraph).

[78] Deposition of PW 18 (p. 108, 2^nd paragraph).

[79] Deposition of PW 23 (p. 123, 3^rd paragraph).

[80] East Pakistan Ordinance No. X of 1971.

[81] Volume 10 of the Defense Document, at p. 141.

[82] A A K Niazi, The Betrayal of East Pakistan (Karachi: OUP, 1998) at p. 78.

[83] Muntassir Mamun and Mohiuddin Ahmed, Pakistan er Drishtite Ekattur (Dhaka; UPL, 2005) at p. 350-351.

[84] Also, see, Syed Alamdar Raza, Dacca’s Debacle (Lahore: Jang Publishers, 1993) at p. 61-65, incorporated in Volume 10 of the Defense Document, at p. 400-402.