When the recent apex court verdict in war criminal Delwar Hossain Sayedee’s appeals case frustrated many, a war crimes tribunal is set to pronounce judgement in the case against Jamaat chief Motiur Rahman Nizami, the alleged al-Badr chief during the 1971 Liberation War.
Jail Supernintendent Forman Ali last night told the Dhaka Tribune that Nizami had been shifted to Dhaka Central Jail from Kashimpur around 8:30pm. His physical condition was well.
There have been widespread speculation centring this verdict especially after it was stayed at the eleventh hour on June 24 due to Nizami’s sudden illness.
The prosecution claims that they have been able to prove beyond reasonable doubt 15 out of 16 charges pressed against the accused, the chief of key BNP-ally Jamaat-e-Islami. They did not place any witness in one charge.
On the other hand, refuting the charges, the defence alleged that the prosecution had presented many false evidence and fabricated many others to convict Nizami, who was allegedly the chief of notorious al-Badr during until September 1971.
“Nizami was not responsible for any alleged offences during the Liberation War. During the trial, we made our point clear that he faced the trial because of being the ameer of Jamaat-e-Islami,” defence lawyer Tajul Islam said after the announcement of the verdict date yesterday.
During the indictment hearing, Nizami said: “I had no role other than politics in 1971. I was not involved with any thing [incidents of crimes against humanity].”
Jamaat ameer since November 2000, Nizami is already facing death penalty in 10-truck arms haul case for his involvement in the sensational incident while holding office as the industries minister in 2004.
The three-member International Crimes Tribunal 1, led by Justice M Enayetur Rahim, will deliver the much-delayed verdict. Other members of the tribunal are Justice Jahangir Hossain and Justice Anwarul Haque.
Tight security measures have been taken in and around tribunal area as well as in the capital after announcement of the date.
This would be the 10th verdict by the two war crimes tribunals. Three more cases are kept for verdict.
The trial against Nizami began on May 28, 2012.
He was arrested on July 29, 2010 on charges of hurting religious sentiments. After three days, he was shown arrested in a war crimes case. The prosecution on December 11, 2012 brought specific charges against him.
The Jamaat chief is facing 16 charges of crimes against humanity including conspiracy, planning, complicity, incitement and active participation.
The charges against him include killing of 70 people and torching 72 houses in December 1971 at Brishalika village in Pabna’s Bera upazila; murdering 450 people in Demra and Baushia villages; killing of several people in front of a Hindu temple at Kormocha village of Santhia upazila as well as looting, rape and abduction.
As per prosecution documents, Nizami was born in 1943 at Mohammadpur village of Pabna’s Santhia upazila. As the head of East-Pakistan Islami Chhatra Sangha, then student wing of Jamaat, he led al-Badr group – a para militia force blamed for the systematic abduction and killing of intellectuals – until September, 1971.
He was one of the alleged war criminals arrested in the very beginning of the war crimes trials in 2010. However, the case proceedings advanced in a snail’s pace mainly due to frequent adjournments and shuffle in the tribunal 1.
Trial of the case ended in last November and the tribunal kept it for verdict. But due to the retirement of the then tribunal chairman on December 31 before delivering the judgement, it was delayed by several more months.
In February, Justice Rahim was appointed and the two tribunals shuffled. The judge ordered fresh arguments in the case. On March 24, the tribunal kept the case pending for verdict again and later fixed June 24 for delivering the judgement.
But only hours before the verdict, the jail authorities claimed that they could not place the accused as he had fallen sick. The tribunal stopped pronouncing the verdict and ordered the authorities concerned to inform it about the physical condition of Nizami.
Even though the jail authorities within one week confirmed that Nizami’s physical condition was stable, it took the tribunal several months to set the latest date.
In the meantime, the Appellate Division of the Supreme Court in a verdict commuted the death penalty of Sayedee to life term imprisonment. From justice seekers to the country’s prime minister feel that the sentence had not been enough.
Witness deposition in Nizmai’s case began in August, 2012 and ended in October last year with the testimony of Investigating Officer Abdur Razzak Khan, the 26th prosecution witness. The defence produced four witnesses including son of the accused Md Nazibur Rahman.
The prosecution began placing closing arguments in the case on November 3 and took four days to complete it. At that time, the defence repeatedly failed to appear before the court mentioning “personal difficulties.”
The tribunal 1 closed the case on November 13 and kept it for verdict. However, after the new chairman came, the defence was given the opportunity to place their closing arguments.