The defence of Motiur Rahman Nizami, a top war crimes accused, finally ended their closing arguments on Tuesday claiming that the Jamaat-e-Islami chief did not commit any kind of crimes against humanity in 1971.
They also claimed that the prosecution had failed to prove the case as well as establishing that Nizami had been the chief of para-militia force al-Badr during the Liberation War.
Chief defence counsel Abdur Razzaque pointed out that Nizami’s name had not been mentioned as the chief of al-Badr for a single time in the prosecution documents. Even the book titled “al-Badr,” on which the prosecution relied upon, “did not describe my client as the chief of al-Badr anywhere.”
The International Crimes Tribunal 2 said in its verdict which hanged Ali Ahsan Mujaheed, the then chief of Islami Chhatrashanga of Bangladesh chapter from October, for leading al-Badr. Both tribunal said in their judgements al-Badr was mainly formed by the Chhatrashanga men. Admittedly, Motiur Rahman Nizami was chief of the student organisation of Jamaat before October in 1971 and became chief of all Pakistan Chhatrashanga.
Later, the International Crimes Tribunal will hear the prosecution’s rebuttal on Wednesday.
On Monday, Tajul Islam claimed that Nizami had addressed during the Liberation War “to protect his beloved country [Pakistan] from enemy and it is a duty of every citizen to do so.”
Razzaque, also assistant secretary general of Jamaat, said: “Incitement itself cannot be termed an offence. It should have been referred as ‘incitement to.’ So, these charges cannot stand valid.”
The prosecution on November 6 concluded their part of arguments on the charges, seeking death sentence for Nizami, who they say, had been the chief of al-Badr force – formed with the members of Islami Chhatra Sangha, then students’ wing of Jamaat.
Al-Badr had collaborated with the Pakistani occupation army to commit genocide, murder, rape and arson against the unarmed people who supported the birth of Bangladesh.
The tribunal on November 13 closed the defence case as the counsels had remained absent for four consecutive days, and put the case for verdict. It gave the defence five days to place written statement.
The next day, the defence filed an appeal seeking review of the order and pleaded for allowing them place the closing arguments.
Nizami was indicted on May 28 last year for committing crimes against humanity including murder, rape, arson and inciting violence in Pabna and Dhaka during the nine-month-long war when some three million people had been killed.