In its verdict that annulled the registration of Jamaat-e-Islami, the High Court has categorically observed that a provision must be inserted in the International Crimes (Tribunal) Act 1973 specifying punishment for organisations involved in war crimes.
On February 18, the government included organisations in the tribunal law to be prosecuted for crimes against humanity. But the verdict said it was unfortunate that the law had no specific provision mentioning the types of punishment for those organisations.
The High Court said: “Recently the International Crimes Tribunal has termed Jamaat-e-islami a criminal organisation in many judgements since it has found that the party committed crimes against humanity during the Liberation War. As the judgements are pending with the Appellate Division, without commenting more it can be said without hesitation that the people of Bangladesh had witnessed the party had opposed the birth of Bangladesh with arms.”
Although it was a split verdict, all the three judges were of the same opinion about the atrocities carried out on the people of Bangladesh by Jamaat in 1971.
The High Court said: “The RPO does not have any provision which bars a party convicted for crimes against humanity during the Liberation War or any time from being registered to contest in the polls. So, parliament…has to insert a provision in the RPO so that no criminal organisation declared by the court could be registered with the EC.”
Justice M Moazzam Husain, who does not favour the view of cancelling registration of a political party, said: “As for the question of Jamaat’s reprehensible role in our war of liberation and by the same token losing moral right to do politics in Bangladesh, there would, to my mind, be scarcely anyone here to say otherwise or not to share the sentiment.”
Justice M Enayetur Rahim said: “Although the Almighty Allah in the Quran repeatedly says not to kill any individual, it does not cause Jamaat-e-Islami to be refrained from forming various types of armed forces including Razakar and al-Badr to actively help the Pakistani brutal army in killing thousands of people, rape. It is the rude truth, it is the history.”
Justice Quazi Reza-Ul Hoque said: “Jamaat, under a different name with almost the same persons created auxiliary forces by the names of Razakar, al-Badr, al-Shams, Peace Committee (Shanti Committee), etc and under its direct patronage and supervision took out atrocities like killing, rape, arson etc. It was the Jamaat, who had the knowledge of every locality of the country, not the Pakistan Army, and they took the army to households and killed many innocent people and also freedom fighters, raped more than a million girls/women and destroyed thousands of houses by fire and force. It is very notable that according to the government and international statistics three million innocent Bangladeshis were killed, 1 million girls/women were raped and more than 10 million people were driven out of Bangladesh. All those happened by the Pakistan Military Forces in aid with Jamaat and its members.”