The tribunal holding trials of people for crimes against humanity committed during the 1971 Liberation War is set to pronounce its verdict Wednesday in the case against Jamaat-e-Islami Secretary General Ali Ahsan Mohammad Mojaheed.
Mojaheed, 66, was allegedly a key man of the secret killing squad al-Badr, an auxiliary force of the Pakistan army, blamed for the abduction and killing of intellectuals only days ahead of the country’s victory in the War of Independence against Pakistan.
The International Crimes Tribunal 2, led by Justice Obaidul Hasan, set the verdict date Tuesday, a day after the tribunal 1 sentenced former Jamaat chief Ghulam Azam to 90 years in jail. The two other judges, Justice Md Mujibur Rahman Mia and Judge Shahinur Islam, were also present.
Mojaheed, also a former technocrat minister of the previous BNP-led alliance government, was in the dock Tuesday. He is facing seven charges of crimes against humanity, including genocide, murder, torture, conspiracy, planning incitement and complicity in atrocities.
After the announcement of the verdict date, the prosecution said they could prove the charges against Mojaheed and thus, pleaded for capital punishment.
Abdur Razzaq, the chief defence counsel for Mojaheed and also a senior Jamaat leader, while wrapping up the argument, claimed that the case was politically motivated. “He is an honest person and the tribunal will find him not guilty.”
The trial against Mojaheed ended on June 5, when the tribunal concluded the proceedings, fixing no date and time for the verdict. It was kept as CAV which means the verdict could be delivered any time.
Like the other accused in war crimes cases, Mojaheed was tried under the International Crimes (Tribunals) Act 1973.
According to the prosecution, Mojaheed, the then alleged chief of al-Badr had reportedly masterminded exterminating the intellectuals and executed his plan by designating the members of his squad, which was formed with the activists of Islami Chhatra Sangha, then student wing of Jamaat.
Mojaheed was allegedly behind the abduction of noted journalist Sirajuddin Hossain, the then executive editor of the daily Ittefaq, and noted music composer Altaf Mahmud from their residences in the capital.
The Jamaat leader was arrested on June 29, 2010 on charges of defying court orders and was shown arrested in the war crimes case on August 2 of the same year.
On December 11, 2011, the prosecution submitted 34 charges to the tribunal against Mojaheed. The tribunal indicted him on June 21 last year on seven charges – two counts of genocide against the Bengali Hindus and five counts of crimes against humanity for killing, forced deportation, abduction, torture and arson.
The formal trial began on July 19.
According to the prosecution, Mojaheed was a “superior civilian leader” who directed the al-Badr force to kill the most meritorious citizens of Bangladesh in 1971. They termed Mojaheed as a “villain” of the Liberation War.
Jamaat mouthpiece Daily Sangram on a day in April 1971 quoted Mojaheed as saying: “Wherever there are muktibahinis [freedom fighters], al-Badr will be there. Al-Badr will play the role of Azrael [an Islamic term meaning angel of death].”
The prosecution brought 17 witnesses to prove Mojaheed’s crimes. However, the defence produced the son of the accused, Ali Ahmad Mabrur, as the lone witness to prove Mojaheed innocent.
The first tribunal was instituted in 2010 to try the war crimes suspects and was dealing the case against Mojaheed. It was later transferred to the second tribunal on April 25 last year.