The International Crimes Tribunal-2 (ICT-2) on Thursday sentenced Jamaat-e-Islami leader Muhammad Kamaruzzaman to death as he was found guilty of crimes against humanity committed during the Liberation War of Bangladesh in 1971. The three-member tribunal, comprising its chairman justice Obaidul Hassan, justice Md Mozibur Rahman Miah and judge Md Shahinur Islam, convicted the Jamaat leader in connection with five, out of seven, charges.
Of these five charges, Kamaruzzaman was awarded the death penalty for charges three and four. He was awarded lifelong imprisonment in connection with charges one and seven and a 10-year jail term for charge two. Kamaruzzaman, assistant secretary general of Jamaat-e-Islami, was acquitted over charges five and six.
The three members of the tribunal unanimously delivered the judgment against Kamaruzzaman.
Earlier, the same tribunal handed down the death penalty to Abul Kalam Azad alias Bachchu Razakar and sentenced to life imprisonment the other assistant secretary general of Jamaat-e-Islami, Abdul Quader Mollah, for their participation in crimes against humanity in 1971.
Nayeb-e-ameer of Jamaat-e-Islami, Delwar Hossain Sayedee, was also awarded capital punishment by the ICT-1.
In the order, justice Hassan said the accused, Muhammad Kamaruzzaman, was found guilty of the offences of “crimes against humanity” enumerated in Section 3(2) of the International Crimes (Tribunals) Act, 1973, in connection with the charges 1, 2, 3, 4 and 7.
“He is convicted and condemned to a single sentence of death for the charges three and four. He will be hanged by the neck till he is dead,” he said.
Kamaruzzaman was convicted and condemned to a single sentence of imprisonment for life for charges one and seven, he said, and the Jamaat leader was sentenced to 10 years over charge two. “As the convict Kamaruzzaman is sentenced to death over two charges, the sentence of imprisonment for life and the sentence of imprisonment for 10 years will naturally get merged into the death sentence,” the chairman stated. The punishments were given under Section 20(2) of the International Crimes (Tribunals) Act, 1973, he added.
Regarding the role of Jamaat-e-Islami, the tribunal said the potential religion-based political party was the brainchild of Mawlana Sayyid Abu’l-A’la Mawdudi. It had been significantly proactive in collaboration with the Pakistan occupation army in carrying out its mission of wiping out the Bengali nation. It stood firmly against the War of Liberation in 1971 in the name of shielding Pakistan. Al-Badr was formed mainly of workers of its student wing Islami Chhatra Shibir (ICS), the order added.
Earlier, Kamaruzzaman was brought to the tribunal from Quashimpur prison in the morning before the tribunal had started the proceedings at around 11am.
Clad in a white shirt and black trousers, most of the time he sat in the dock. Judge Md Shahinur Islam started reading out the judgment at 11:20am at the jam-packed tribunal chamber and took about two-and-a-half hours to complete the delivery of the verdict.
The 62-page summarised version of the verdict was read out by the three judges. Justice Hassan pronounced the final part of the judgment.
Kamaruzzaman stood up inside the dock at the instant the verdict was delivered and said, “Wrong judgment, wrong judgment. History will not forgive…” But the on-duty policemen were quick to take him into the tribunal’s custody, giving Kamaruzzaman no chance to speak further.
Soon after the verdict was delivered, Kamaruzzaman’s son, Hasan Iqbal, told reporters that his father has been deprived of justice. “The allegations against him (Kamaruzzaman) are false and baseless. He is a victim of the political vengeance of the Awami League-led government,” he said.
Chief prosecutor Golam Arief Tippo, however, said: “People were eagerly waiting for such a judgment. The verdict sentencing Kamaruzzaman to death has proved that the prosecution team has duly done its job.”
“We are satisfied with the judgment and the judges of the tribunal have delivered the verdict against Jamaat leader Kamaruzzaman very competently,” he said.
Rejecting the verdict, the chief defence counsel for Jamaat leaders, Barrister Abdur Razzaq, said, “We are stunned. We had feared such a judgment. It is a verdict of a very low standard.”
He alleged that the prosecution has completely failed to prove the war crimes cases that were brought against Jamaat leader Mohammad Kamaruzzaman, as one of the prosecution witnesses, Mohon Munshi, gave a self-contradictory deposition against Kamaruzzaman.
“In accordance with the testimonies of the prosecution witnesses, Kamaruzzaman, a boy of 18 years during the Liberation War, should be acquitted of all cases that were brought against him,” he said.
He, however, added that they will file an appeal challenging the verdict with the Supreme Court after forming a highly qualified defence team.
Kamaruzzaman, the son of late Insan Ali Sarker, was born in Sherpur district on July 4, 1952. He began his activities in student politics as a supporter of the ICS, the students’ wing of Jamaat-e-Islami, in 1967 when he was a student of class X at Sherpur GKM Institution.
He was the secretary of a hall unit of ICS at Jamalpur Ashek Mahmud Degree College when he was a degree student. He held the post of office secretary of East Pakistan ICS. He played a key role in the formation of Al Badr in the greater Mymensingh area as an ICT leader during the Liberation War.
Under the leadership of Kamaruzzaman, all the students belonging to ICS in the greater Mymensingh area were absorbed into Al Badr.
As he was closely associated with the Pakistani army, he actively aided, abetted, facilitated and substantially contributed towards committing dreadful atrocities in the greater Mymensingh territory in 1971.
The prosecution submitted formal charges against Kamaruzzaman to the tribunal-1 on January 15, 2012, implicating him in connection with nine allegations. The tribunal took the charges into cognizance on January 31 the same year.
Kamaruzzaman’s case was transferred to the tribunal-2 following the request of the chief prosecutor on April 16 last year.
The tribunal-2 framed seven charges against Kamaruzzaman on June 4 for his alleged involvement in crimes against humanity including murder, torture, rape, arson, confinement and deportation during the Liberation War.
A total of 18 prosecution witnesses, including investigation officer Abdur Razzaq Khan, gave their depositions against Kamaruzzaman, while five defence witnesses appeared to testify for the Jamaat leader.
The tribunal kept the verdict pending, announcing court adjourned verdict (CAV) after the legal proceedings ended on April 16.
Kamaruzzaman was arrested in connection with a case of mass killing on July 13, 2010.
He was shown arrested by the ICT in connection with the allegations of crimes against humanity on August 2 the same year.
Barrister Abdur Razzaq, Advocate Kafiluddin Chowdhury and Barrister Ehsan Siddque appeared for Kamaruzzaman during the proceedings. But none of them were present during the judgement.
On behalf of prosecution Advocate Ghulam Arieff Tipoo, Advocate AKM Saiful Islam, Advocate Tureen Afroz and Advocate Noorjahan Mukta took part in the proceedings. All of them were present during the verdict delivery.
Charges:
Charge 1: A group of Al-Badr members, under the leadership of Kamaruzzaman, picked up Badiuzzaman of Ramnagar village under Jhenaigati upazila in Sherpur on June 29, 1971. They took him to Ahammednagar army camp. The Al Badr men shot him dead on the following day.
Kamaruzzaman was found guilty and sentenced to life imprisonment.
Charge 2: Kamaruzzaman and his accomplices tortured and molested Syed Abdul Hannan, the principal of Sherpur College, in public. They forced him to walk naked through the town while he was constantly whipped for his pro-Liberation stand in mid-May, 1971.
Kamaruzzaman was found guilty and sentenced to 10 years’ imprisonment.
Charge 3: The members of Al Badr and Razakars carried out mass killings in association with the Pakistani occupation army under the guidance of Kamaruzzaman in Sohaghpur village of Nalitabari upazila in Sherpur on July 25, 1971. They killed 120 unarmed civilians, including a number of women, who were also raped by the anti-Liberation elements.
Kamaruzzaman was found guilty and sentenced to death.
Charge 4: A group of collaborators took Golam Mostafa Talukder to an Al-Badr camp set up at the house of Surendra Mohon Saha in Sherpur on Kamaruzzaman’s instructions on August 23, 1971. Kamaruzzaman and his accomplices fired shots at Mostafa and one Abul Kasem. Kasem survived with bullet injuries in his fingers as he had jumped into a river, but Mostafa died on the spot.
Kamaruzzaman was found guilty and sentenced to death.
Charge 5: Kamaruzzaman and his followers picked up Liaquat Ali and Mujibur Rahman Panu from their respective houses. They took them to a Razakar camp and tortured them during the month of Ramadan. After four days, they, along with 11 other civilians, were taken to the Ahammednagar army camp at Jhenaigati on Kamaruzzaman’s instructions. Later, eight of them, including Liaquat, were shot dead. Kamaruzzaman and his aide Kamran were present during the killing.
Kamaruzzaman was found not guilty and acquitted.
Charge 6: Some Al Badr members, under Kamaruzzaman’s instructions, abducted Tunu and one Jahangir from Golki Bari, Mymensingh, and took them to the Dak Bungalow in November 1971. Tunu was tortured to death, while Jahangir was detained. Later, Jahangir was released.
Kamaruzzaman was found not guilty and acquitted.
Charge 7: Kamaruzzaman, accompanied by 15-20 armed Al Badr members, picked up one Tepa Mia and his elder son, Zahurul Islam Dara, from Golapjan Road in Mymensingh on Ramadan 27 in 1971. They were taken to the Al Badr camp at the Dak Bungalow. The next morning, Tepa Mia and his son, along with five others, were taken to the bank of the Brahmaputra river. Tepa Mia managed to escape by jumping into the river, but the others were killed on the spot.
Kamaruzzaman was found guilty and sentenced to life imprisonment.
-With The Independent input
