Motiur Rahman Nizami was not an ordinary war criminal but one of the top designers who did everything possible to stop the journey towards Bangladesh's independence – through abduction, mass killings and conspiracies.
Apart from aiding the Pakistani Army in person, he had formed the ruthless militia, al-Badr Bahini, which mounted Gestapo like attacks, with a goal to wipe out the brightest sons and daughters of the soil towards the end of the Liberation War, under his command.
The members of al-Badr killed the intellectuals taking them away blind-folded and inflicting inhuman tortures upon them and thereafter dumped the bodies at Rayerbazar and other mass graves.
The International Crimes Tribunal and the Appellate Division of the Supreme Court in their verdicts against the Jamaat-e-Islami leader repeatedly said that Nizami had been the ex-officio chief of al-Badr “death squad” and a civil superior officer in its true sense as the president of Jamaat's then student wing Islami Chhatra Sangha.
Being the chief of both Chhatra Sangha (from 1966 to at least September 30, 1971) and al-Badr, Nizami had a superior-subordinate relationship with al-Badr members.
Apart from his participation in the crimes in person, he was responsible for all the criminal activities committed by al-Badr Bahini and was liable to be punished because of his superior status.
The International Crimes (tribunals) Act 1973 – under which the collaborators of the Pakistani Army have been tried for 1971 war crimes – narrates the concept of “superior responsibility.”
Section 4(2) of the ICT Act says: “Any commander or superior officer who orders, permits, acquiesces or participates in the commission of any of the crimes specified in Section 3 or is connected with any plans and activities involving the commission of such crimes or who fails or omits to discharge his duty to maintain discipline, or to control or supervise the actions of the persons under his command or his subordinates, whereby such persons or subordinates or any of them commit any such crimes, or who fails to take necessary measures to prevent the commission of such crimes, is guilty of such crimes.”
The tribunal in its verdict said: “Nizami being the president of ICS exercised his superior position in transforming Islami Chhatra Sangha [ICS] into al-Badr Bahini knowing the consequence of his actions that substantially encouraged his fellows giving them moral support.
“... he cannot be relieved from the responsibility for the planned crimes committed by the members of al-Badr Bahini with whom he had de facto superior-subordinate relationship. It is evident on record that during Liberation War the accused gave a lot of provocative speeches before [the] members of ICS who ultimately became members of al-Badr Bahini and committed crimes against humanity at random.”
The Appellate Division that upheld Nizami's death sentence said that it was proved beyond doubt that Nizami had total control over the ruthless al-Badr militia.
It said: “... speeches delivered by the appellant [Nizami] in different meetings praising and encouraging the members of Islami Chhatra Sangha and al-Badr Bahini, and also directing them to co-operate with the Pakistani occupation forces prove that this appellant had control over the members of al-Badr Bahini even after 30th September, 1971.”
It said that al-Badr Bahini was formed with the members of Chhatra Sangha, of which Nizami was the president for a long period of five years.
“... The fact that al-Badr Bahini was raised and controlled by the Pakistani Army does not disprove the fact that this appellant [Nizami] also, being president of Islami Chhatra Sangha, became a leader of al-Badr Bahini and he also had control on the members of al-Badr Bahini.
“... More than one person can be superiors and can hold effective control on the same subordinates and more than one superior may be liable for the crime committed by the subordinates.”
After reviewing its judgement upon the war criminal's petition, the Appellate Division again mentioned about role of Nizami in the killing of intellectuals by al-Badr at the fag end of the war.
“… Some others also might have any involvement in the conspiracy of killing of intellectuals, but that does not exonerate the appellant [Nizami] from his criminal liability in killing the intellectuals which has been proved before the tribunal by sufficient evidence ...
“In the circumstances the alleged non-implication of this appellant [Nizami] in the alleged earlier cases does not relieve him of the liability in intellectuals killing which has been proved in this case by sufficient evidence.”
Replying to the defence counsel's arguments that Nizami had no control over al-Badr as he never issued ID cards for the force, the court said: “The failure of the prosecution to produce any ID card of any al-Badr with the signature of the appellant is not fatal at all for the prosecution – especially in consideration of the fact that those ID cards were issued long 42 years before.”
The tribunal also criticised Nizami and his party Jamaat for misusing Islam during the war. It said that Nizami had violated the Quranic injunctions and prophetic traditions by forming al-Badr force, and encouraging its members to exterminate and kill Bangali intellectuals and pro-liberation people.
A top leader of the collaborators, Nizami visited different places of the country during the war and in his speech he abused Islam by saying “Pakistan is the house of Allah,” “Hindus are always enemies of Muslims” and “Islam and Pakistan are one and indivisible.”
Before Nizami, the tribunal sentenced to death al-Badr leaders Ali Ahsan Mohammad Mujahid, Chowdhury Mueen-Uddin and Ashrafuzzaman Khan for the killing of intellectuals. Of them, Mujahid was executed on November 21 last year while the two other death-row convicts have remained absconding.
Thursday, April 25, 2024
