A defence lawyer while placing closing arguments in the case against Jamaat Secretary General Ali Ahsan Mohammad Mojaheed Wednesday said “al- Badr and al- Shams were two sections of razakars,” a collaborator force which helped Pakistani occupational army in committing atrocities during the 1971 War of Independence.
Following such remark by Syed Mizanur Rahman, the International Crimes Tribunal 2 of Justice Obaidul Hassan, Justice Md Mozibur Rahman Miah and Judge M Shahinur Islam asked: “Are you saying that all al-Badrs are razakars but all razakars are not al- Badr?”
Mizanur replied: “Yes.”
The tribunal, popularly known as war crimes tribunal, was instituted for the trial of war crimes suspects of the Liberation War. The first tribunal was formed in 2010 following the election mandate of the ruling Awami League, and the second tribunal was set up last year to speed up the trial process.
On June 21 last year, the tribunal indicted Mojaheed on seven counts of genocide, killing of intellectuals and crimes against humanity which he allegedly committed during the War of Independence in 1971.
Defence lawyer Mizanur said membership of the al-Badr group was merely a job. He claimed that the prosecution failed to prove his client as a member or leader of the force.
The prosecution in its argument had mentioned that Mojaheed as a “villain”. It particularly mentioned a report published on October 31, 2010 in Bhorer Kagoj, a Bengali daily. The report was extracted from a news item run in the Daily Sangram in April 1971. The report quoted Mojaheed as saying, “Wherever there are muktibahini [freedom fighters], al-Badr will be there. Al-Badr will play the role of Azrael [an Islamic term meaning angel of death].”
The prosecution also claimed that Mojaheed was a “superior civilian leader” who directed the al-Badr force to kill the most meritorious citizens of Bangladesh in 1971.
Mizanur Wednesday also submitted in the tribunal that in 1971, his client was a leader of Islamic Chhatra Sangha – the then student wing of Jamaat. He suggested that it was not logical to assume that Mojaheed was involved in crimes against humanity during the Liberation War only because of his being a Chhatra Sangha leader.
He pointed out that sixth prosecution witness Abdul Malek Mia was a “hearsay witness,” hence, without corroborating with any other kinds of evidence, his deposition was not enough to convict any person.
He mentioned the contradiction in the 9th prosecution witness’s deposition in the tribunal and the statement he made to the investigation officer, and the 11th prosecution witness’s inconsistency in the deposition and the cross examination. “Such contradiction hampers the reliability of the witness,” Mizanur said.
The tribunal then set May 26 for further procedure in the case. It earlier asked the defence to complete placing arguments by May 27.
In the afternoon session, defence lawyer AHM Ahsanul Haque Hena cross examined 21st prosecution witness Abdul Hamid Shikder in the case against detained war crimes suspect Abdul Alim, a former BNP minister and lawmaker.
On June 11 last year, the tribunal 2 indicted Alim on 17 counts of genocide and crimes against humanity he allegedly committed in 1971.
In the afternoon session, defence lawyer AHM Ahsanul Haque Hena cross examined 21st prosecution witness Abdul Hamid Shikder in the case against detained war crimes suspect Abdul Alim, a former BNP minister and lawmaker.
On June 11 last year, the tribunal 2 indicted Alim on 17 counts of genocide and crimes against humanity he allegedly committed in 1971.