The lawyer for condemned war criminal Ali Ahsan Mohammad Mujahid yesterday told the apex court that his client could not be held responsible for the acts of anti-liberation militia force al-Badr in 1971 claiming that it operated under the authority of the Pakistan Army.
Senior lawyer Khandaker Mahbub Hossain also argued that a total of 42 cases had been filed over the killing of intellectuals in December 1971 but Mujahid’s name was not mentioned in any one of them.
After the arguments, Mahbub told reporters that in other war crimes cases, there were specific charges of killings, torture, arson and looting against the accused. “But there is no specific charge against Mujahid [in which he was given death penalty]. The allegation is superior command responsibility as he was the chief of Islami Chhatra Sangha [then Jamaat’s student body],” he said.
The four-member Appellate Division bench headed by Chief Justice SK Sinha heard the arguments of Mujahid’s chief counsel and the prosecution for more than two and a half hours and kept today for verdict.
The International Crimes Tribunal handed down death sentence to the 69-year-old Jamaat-e-Islami leader for the murder of intellectuals. He was also jailed for life and sentenced to five years in prison on five separate war crimes charges.
The Appellate Division of the Supreme Court upheld his death sentence on June 16 this year for planning and instigating the killing of intellectuals. It also upheld his life sentence for killing several freedom fighters at the Old MP Hostel at Nakhalpara of Dhaka and his five years’ jail term for confining and torturing Ranjit Nath, a civilian, at a Bihari camp in Faridpur.
Mujahid’s lawyer Mahbub, also an adviser to the BNP chairperson, argued on charge number six that involves the killing of intellectuals. He later told reporters that they had not argued on all the three charges.
“We argued only on one charge for which he was given death penalty. We told the court that awarding death relying on such evidence and witnesses was illegal,” he said, adding that scope for commuting sentence was very limited in review stage.
“The Appellate Division has given its decision on the other charges in accordance with the law. But when we move a case, we always hope that the accused will be acquitted in all of the charges,” he added.
On the other hand, Attorney General Mahbubey Alam said that Mujahid as the president of Chhatra Sangha urged his fellows to eliminate the pro-liberation people and freedom fighters. His speeches encouraged the al-Badr men.
“His presence at the killing sites is not necessary [to sentence him]. There are many instances in the world in war crimes trials where people are given death penalty for planning and instigation.
“Mujahid planned the murder of freedom fighters and intellectuals. He was seen at the Mohammadpur Physical Training Centre several times where intellectuals were tortured and killed. He was an accomplice of war criminals like Nizami and Ghulam Azam,” Mahbubey said.
“There are books and evidence on Mujahid’s role. And the court accepted that though al-Badr was formed by the Pakistani Army, it operated under the local al-Badr leaders [mostly Chhatra Sangha leaders]. They committed those murders,” he said.
Mujahid submitted the review petition on October 14 seeking acquittal from all the charges. He sought reconsideration of the judgement claiming that he had been sentenced for “offences committed by others.”
The tribunal issued death warrants for him on October 1, a day after the Supreme Court released the full verdict.
In the full judgement, the apex court said that Mujahid and his paramilitary force had been involved directly in the killing of intellectuals and atrocities between December 10 and December 16, 1971.
Mujahid had always instigated, actively suggested, intentionally aided and supported his al-Badr force for the commission of brutal killings in the name of Islam and defence of United Pakistan. He also instigated his fellows to kill the freedom fighters addressing them as miscreants, “Dalals of Hindustan,” dogs, and traitors. “...It is clear from his activities, speeches and conduct that he instigated his subordinates to commit such brutal offence...”
Mujahid and other members of Chhatra Sangha had formed al-Badr taking support of the Pakistan Army and started fighting against the mass people at large and the freedom fighters in particular. At one stage, they kidnapped and killed the intellectuals, who were the best sons and daughters of the soil, just before the victory.
The judges also said that Mujahid along with some other members of his force had rushed to the cantonment and met with the high officials of the Pakistan Army, on the morning of December 16, 1971 and demanded arms for fighting against the freedom fighters, though the Pakistan Army had already decided to surrender.
“...It will be a mockery of justice to permit the accused to escape the extreme penalty of law when faced with such evidence and such cruel acts ... The sentence awarded by the tribunal for intellectuals killings is not disproportionate in view of the nature of charge and evidence adduced. The people of this earth did not forget Hiroshima and Nagasaki. This nation did not and shall never forget 1971.”