In another historic verdict, the International Crimes Tribunal-2 (ICT-2) on Wednesday sentenced to death Ali Ahsan Muhammad Mujahid, secretary general of the Jamaat-e-Islami, for his involvement in 1971 atrocities. Of seven charges, Mujahid was found guilty of five, while two charges were not proved. The former Al Badr mastermind got the death penalty for three charges: charge 1 — abduction and murder of journalist Serajuddin Hossain; charge 6 — killing of intellectuals during the Liberation War; and charge 7 — murder of nine Hindu civilians in Faridpur.
The tribunal awarded him life sentence for charge 5 — murder of Altab Mahmud, Rumi and two other freedom fighters, and five years’ jail sentence for charge 3, which is abduction and torture of Ranjit Kumar Nath.
On the other hand, the two charges which were not proved are charge 2 — contribution to genocide of Hindus in Faridpur — and charge 4 — abduction and torture of Abu Yusuf Pakhi. Mujahid, a former minister during the tenure of the BNP-led four-party alliance government, was acquitted in these two charges.
While pronouncing its order, the Tribunal said: “That the accused Ali Ahsan Muhammad Mujahid, son of late Moulana Abdul Ali and late Begum Nurjahan of ‘Paschim khabashpur’, under Kotwali police station, district Faridpur, at present Road No. 10, House No. -05, Flat No. 2/A, Sector-11, Police Station Uttara, Dhaka Metropolitan Police, Dhaka found guilty of the offences of ‘crimes against humanity’ enumerated in ICT-BD[ICT-2] Case No. 04 of 2012: Judgement Chief Prosecutor v. Ali Ahsan Muhammad Mujahid section 3(2) of the International Crimes (Tribunals) Act, 1973 as listed in charge Nos. 1, 3,5,6 and 7.”
“The accused Ali Ajsan Muhammad Mujahid be convicted and condemned to a ‘single sentence of death’ for the crimes as listed in charge Nos. 6 and 7 and he be hanged by the neck till he is dead under Section 20(2) of the International Crimes (Tribunals) Act, 1973”. However, as the convict Ali Ahsan Muhammad Mujahid is “sentenced to death”, the sentence of “imprisonment for life” and the sentence of “imprisonment for 5 years” will naturally get merged into the “sentence of death”. This sentence shall be carried out under Section 20(3) of the Act of 1973,” the tribunal said in its order.
The judgement comes just two days after the verdict against former ameer of the Jamaat-e-Islami, professor Ghulam Azam, who was given a 90-year jail term for crimes against humanity during the Liberation War by the Tribunal-1.
The three-member tribunal, comprising Justice Obaidul Hassan, Justice Mozibur Rahman Miah and Shahinur Islam, unanimously took the decision and passed the verdict in the presence of the accused person, who was shifted to Dhaka Central Jail from the Narayanganj
prison on Tuesday to hear the judgement.
However, as soon as the Tribunal pronounced its verdict, a visibly aggrieved Mujahid shook his head in disapproval and termed the judgement as “100 per cent injustice”. “I was not in Faridpur even in the nine months of the Liberation War. I was given punishment simply for my involvement in Islamic politics,” he said standing in the dock.
Defence lawyer Advocate Saifur Rahman too expressed dissatisfaction, saying Mujahid was not involved in any crime during the Liberation War. “He (Mujahid) was implicated and punished for political reasons. We must appeal against the verdict and hopefully he would be released by the higher court,” he said.
Mujahid was a student leader in 1971 and it is ridiculous to say that he went to the Pakistan army camp to give them instructions for crimes.
Referring to the killing of Sirajuddin Hossain, he said a case was filed in this regard in 1972 and an accused was given life sentence on that charge. “Mujahid’s name was not in that case. But he is being punished after 42 years in the name of superior responsibility,” he said, adding that the accused person’s right was also demeaned by the 2009 amendment to the International Crimes (Tribunals) Act, 1973.
However, the prosecution hailed the decision, saying the judgement would ensure the fitting punishment of a 1971 criminal.
“Mujahid was involved in different crimes against humanity during the Liberation War. Allegations were proved beyond reasonable doubt. It (the judgement) also reflected the desire of the people of the country,” chief prosecutor Advocate Ghulam Arieff Tipoo said.
Earlier, Mujahid was brought to the Tribunal from Dhaka Central Jail at around 9:35 am. He was taken to the dock from the custody at around 10:40 am. Clad in white pyjamas and punjabi, the bearded Mujahid looked anxious. He was seen putting his hand on the handrail of the dock or on his cheek most of the time when the judges were reading out the verdict at the crowded Tribunal chamber.
The three judges entered the chamber at 10:45 am and after a brief introductory speech by the Tribunal chairman, Justice Obaidul Hassan, judge Md Shahinur Islam started delivering the judgement at 11:05 am. They took turns in reading out 37 pages of the 209-page judgement. Justice Hassan read out the final part of the judgement.
In the conclusion of the order, the chairman said Mujahid was condemned to death and he would be hanged by the neck till he is dead for charges 6 and 7 under Section 20(2) of the International Crimes (Tribunals) Act, 1973. In all, the accused Mujahid was found guilty of the offences of “crimes against humanity” under Section 3(2) of the International Crimes (Tribunals) Act, 1973 in charges 1, 3, 5, 6 and 7, he said. He was condemned to the sentence of “imprisonment for five years” for charge three and to the sentence of “imprisonment for life” for charge five. However, as the convict has been “sentenced to death”, the sentence of life imprisonment and the sentence of five years’ imprisonment will naturally get merged into the “sentence of death” , he said, adding that the sentence should be carried out under Section 20(3) of the 1973 Act.
Mentioning Mujahid as an Al Badr leader, the order said the accused person was in a position of authority in the auxiliary force that made him criminally liable under the theory of “superior responsibility” as contemplated in Section 4(2) of the 1973 Act in relation to charges 1 and 6.
Chief prosecutor Ghulam Arieff Tipoo, Advocate Mokhlesur Rahman Badal, Advocate Tureen Afroz took part in the arguments for the prosecution.
Barrister Abdur Razzak, Advocate Mizanr Rahman, Advocate Munshi Ahsanul Kabir and Barrister Imran Siddique appeared for Mujahid.
The prosecution brought 17 witnesses to prove the charges against Mujahid. Although on April 22 the tribunal allowed three defence witnesses, the defence produced only Mujahid’s son Ali Ahmad Mabrur to defend his father.
According to the prosecution, born in Paschim Khabaspur in Faridpur town in 1948, Mujahid acted as the Faridpur district Islami Chhatra Sangha president from 1968 to 1970.
After being enrolled at Dhaka University in 1970, he was made Dhaka district Chhatra Sangha president. The same year, he was assigned the responsibility of East Pakistan Chhatra Sangha and finally elected provincial president of the organisation in October 1971. He became the chief of Al-Badr during the Liberation War.
Mujahid was shown arrested in the war crimes cases on August 2, 2010. He was indicted on June 21, 2012 and his formal trial began on July 19, 2012 with the opening statement of the prosecution. On June 5, the Tribunal kept the Mojaheed case as CAV (Curia Advisari Vult, a Latin legal term meaning verdict would be delivered anytime).
The seven charges brought against Mujahid are as follows:
Charge No. 1: Abetting, facilitating and contributing to the abduction and murder of eminent journalist Sirajuddin Hossain. Verdict: found guilty and sentenced to death.
Charge No. 2: Abetting, facilitating and contributing to genocide in Hindu-dominated Baidyadangi, Majhidangi, Baladangi in Faridpur. Verdict: allegation not proved and acquitted.
Charge No. 3: Abetting and facilitating the confinement and torture of Hindu civilian Ranjit Kumar Nath in Faridpur. Verdict: found guilty and sentenced to five years’ imprisonment.
Charge No. 4: Abetting and facilitating the confinement and torture of Abu Yusuf Pakhi in Faridpur. Verdict: allegation not proved and acquitted.
Charge No. 5: Participating, abetting and facilitating the murder of eminent musician Altab Mahmud Rumi, son of Shaheed Janani Jahanara Imam, and two other freedom fighters. Verdict: found guilty and sentenced to life imprisonment.
Charge No. 6: Abetting and facilitating killing of intellectuals during the Liberation War. Verdict: found guilty and sentenced to death.
Charge No. 7: Participating and facilitating the murder of nine Hindu civilians in Faridpur. Verdict: found guilty and sentenced to death.
With the judgement of Mujahid, six war criminals, all belonging to the Jamaat-e-Islami, have been convicted and sentenced so far by the two Tribunals.
On January 21, the ICT-2 sentenced to death former Jamaat member Abul Kalam Azad, also known as Bachchu Razakar, who is still in hiding; Jamaat assistant secretary general Abdul Quader Molla was given life imprisonment on February 5 and Jamaat leader Mohammad Kamaruzzaman was sentenced to death on May 9.
On February 28, the ICT-1 pronounced the death sentence for Jamaat-e-Islami Nayeb-e-Ameer Delwar Hossain Sayedee.
And yesterday (16 July), the Tribunal awarded 90 years’ imprisonment to the former Jamaat chief, Ghulam Azam.
-Wwith The Independent input
