War criminals Mahidur Rahman and Afsar Hossain have been jailed until death for their involvement in killing 24 people and committing large-scale atrocities in Shibganj, Chapainawabganj during the 1971 Liberation War.
They were also jailed for five years on charge of looting and arson in Kabirajtola and Eradot Biswasertola villages on October 13, 1971 with the help of armed razakars, an auxiliary force of the Pakistani occupation forces.
The three-member International Crimes Tribunal 2 led by its Chairman Obaidul Hassan delivered the verdict as it found Mahidur, 84, and Afsar, 65, guilty in two of the three charges levelled against them.
The judges unanimously sentenced the duo to imprisonment until death on the first charge. On the second charge, the tribunal maintaining majority ordered them five years’ prison term.
The third charge was dropped as the duo had already been sentenced under the 1972 Collaborators Act for the same offence. The tribunal blamed the investigator for his inefficiency.
“This is an absolute failure of the investigation officer,” Justice Obaidul said.
Investigation Officer Altafur Rahman did not carry out the probe sincerely as “he brought a charge against them for which the convicts had already served life-term imprisonment under the Collaborators Act after the Liberation War.”
Abdul Hannan Khan, coordinator of the investigation agency, told reporters that there were definitely mistakes in the investigation. “The IO should have paid more attention.”
The matter of the previous conviction came to light during the trial.
However, Altaf was not available for comment on the issue as he is staying abroad.
After the verdict, the plaintiff of the case and family members of the martyrs expressed dissatisfaction over the verdict saying that they expected death sentence for both the war criminals.
Complainant Badiur Rahman Buddhu said razakars led by Afsar and Mahidur had killed 15 villagers in August 1971 and 48 people in October on a ground near Binodpur High School. They buried the bodies there. His father was among the victims.
“The duo should have been awarded death sentence,” said Badiur, who filed the case in 2013.
Safikul Islam, who lost nine members of his family, echoed Badiur.
However, the prosecution expressed satisfaction over the verdict while the defence said they would appeal before the Supreme Court’s Appellate Division after getting a copy of the full verdict.
Prosecutor Shahidur Rahman said: “We are happy with the verdict and will decide whether to file an appeal or not after receiving a copy of the verdict.”
Mahidur, son of Subedar Ali Biswas of Dadanchak village under Durlabhpur union of Shibganj, was a farmer in 1971. He was an active worker of Muslim League, the case says.
During the war, he openly opposed the independence struggle and joined the local Peace Committee and razakar forces. He used to live in a razakar camp and committed killings, looting and torture in the locality with the help of the Pakistan Army.
Son of Kutub Mondol, Afsar hails from Satrasia village of Binodpur in Shibganj. He too was a farmer and involved with Muslim League. He joined the Peace Committee and the razakar forces during the war.
The duo were arrested on September 16 last year in a local criminal case. The prosecution submitted a petition to show them arrested in war crimes offences and they were produced before the tribunal on September 23. However, the tribunal did not accept the petition to show them arrested in the case.
But following investigation, as the prosecution submitted formal charge sheet against them on November 16 last year, the tribunal took the charges into cognisance on November 24. The duo were shown arrested in the case that day.
The tribunal indicted them on three charges on December 11 last year. Ten prosecution witnesses including the IO testified in the case but no one stood in favour of the war criminals.
After hearing closing arguments, the court ended the trial on April 22 and kept the case for verdict.
Charges
Mahidur and Afsar, aided by hundreds of armed razakars and members of the Pakistani Army, had attacked Chandshikari, Chamatol, Kabirajtola and Eradot Biswasertola villages, and abducted 39 people in two phases on October 6, 1971. They were later tortured in confinement and 24 of them shot dead.
According to the second charge, the duo, accompanied by razakars, launched a systematic attack in Kabirajtola and Eradot Biswasertola villages and burnt down houses after looting on October 13.
The third charge says the duo together with 30-35 armed razakars attacked the houses of Kalumuddin Mondol, Abdur Rashid, Gajal and Ilias Mondol of Sherpur Bhandar village, detained and tortured them on November 2.