Monday, July 2, 2012

22 Mar 2012: Mujahid charge framing 3

The date was set for a cognizance hearing in relation to Abdul Alim

Justice Nizamul Haq passed the following order (summary)
Today Mr. Abdul Alim is present before the tribunal. Today is fixed for passing order on cognizance matter. But today one of our members of this tribunal is not present with us. Under Rule-26(1) the presence of all the members is required in case of cognizance matter. So, today the order cannot be passed. 27th March, 2012 is settled for passing the order. 
And the accused had prayed for the extension of bail. Let the bail be extended till the next date. And the accused has to be produced before the tribunal on that day. 
The matter of Mujahid then came up for hearing

Advocate Munshi Ahsan Kabir said that he we would like to submit a discharge petition but needed to have some time. The prosecution team has taken only a short time to present their argument, but we need time.

Justice Nizamul Haq: Mr. Munshi, please start your argument. Then it would be easier for us to pass an order. It is so odd to adjourn Court right within half an hour after start-up.

Advocate Tajul Islam, the Defence Counsel supported his colleague and said, My fellow counsel would like to present his submission by submitting the discharge petition. For the end of justice we require time.

Justice Nizamul Haq: Mr. Islam; we would like to write it on the order paper that, The defence has started their argument. Justice Fazle Kabir: Could not you please start your argument by two lines?

Advocate Munshi Ahsan Kabir [Defence counsel]: My Lord, there are 24 statements of the accused which have been found from the 32 counts produced by the prosecution team. The prosecution has failed to show whether there was any offences of Crimes against Humanity, which was committed by the accused. He was admittedly a leader of Islamic Chatro Shangha [Islamic Student Alliance]. Mr. Mujahid got admitted in the Law faculty of the University of Dhaka at January, 1971. He was not involved with Al-Badar.

On 25/03/1971 the overall situation deteriorates. However Mr. Mujahid admits that- the organization [Islamic Chatro Shangha] was so small that he became the Secretary of Dhaka region.

My Lord, it is easily assumable, what was the actual condition of that small student organization which holds only 125-130 members. So this small student organization could not be termed as the auxiliary force.

Justice Nizamul Haq: Mr. Munshi; you state that the organization was so small, but you know Mr. Munshi, it is a matter of evidence. The prosecution has stated that Albadar was formed by the members of ICS and the accused was the President of Islamic Chatro Shangha [ICS]. Al-Badar has borne out from the wings of ICS.

Advocate Tajul Islam [Defence Counsel]: My Lord, the question you have asked is a matter of evidence. The allegation against Mr. Mujahid has been brought just to create a situation of Political Persecution. The main aim was to harass the accused. The masterminds behind the trials are responsible for this ground of harassment. To eradicate and destroy a particular group is their main aim.

We will submit it on your argument that- There are a lot of documents and statements which shows that- he was the leader of Islamic Chatro Shangha [ICS]. A man is free to run on a particular belief. The endeavor from which the then Pakistan was formed was a noble cause. To protect the country from any kind of eradication, one can certainly support a side by observing the Muslim Sovereignty. Now, it is not clear, how could supporting a cause, result in anyone to the charge of committing Crimes against Humanity.

The prosecution has brought the charge of superior responsibility under section- 4(2). Now, if it is the situation in this case, then will the prime minister be responsible for the crimes and offences committed each day in the country, as because she is the chief of the country? Committee to eradicate the Collaborators and the killers of 1971 has urged to eradicate Jamate Islami. But who has assigned them for the eradication of a particular political group.

Justice Nizamul Haq: They are not the Jamaat-e-Islami eradication Committee.

Tajul: My Lord, the Prosecution is just referring that it has been stated in Daily Shangram- ‘the sovereignty of Pakistan should be protected.’ But just for this simple headline no one would be liable. 40 years have been passed since 1971; but after this long time why the students of that time have been brought before this tribunal under the charge of Crimes against humanity; it is totally clear as because they are playing some important political roles right now. My Lord on that time there were the involvements of some ministers and Army’s with the mass killings and destructions. But they have not been brought before the tribunal.

At this stage, the defence has prayed for the adjournment.

Barrister Abdur Razzak, the defense counsel said that he would like to have 15 minutes to talk with his client and the court agreed,

Justice Nizamul Haq passed the following order:
Accused Ali Ahsan Mujahid has been produced before the tribunal. Today is fixed for charge hearing matter. Defence counsel Mr. Tajul and Mr. Kabir has started their submission. It was incomplete. Let the date be fixed on 28th March,

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