A war crimes tribunal in Dhaka has awarded death penalty to Bagerhat razakar leader Sheikh Sirajul Haque alias Siraj Master and imprisonment until death to another razakar leader Khan Akram Hossain for genocide, murder, abduction and forceful conversion of Hindus into Islam in 1971.
Former Muslim League leader Siraj Master, who was also known as Siraj the Butcher, was sentenced to death on five charges and acquitted of one charge. Three charges were brought against Akram Hossain of which he was found guilty in one.
The International Crimes Tribunal 1 pronounced the judgement yesterday morning. It said that Kosai Siraj could be executed by hanging by the neck or by shooting until he is dead, as decided by the government.
Siraj was so vicious that he used to slit the throat of at least one person captured by his followers, before taking breakfast. He was also a key associate of razakar founder AKM Yusuf during the war.
According to a 2001 report of the daily Janakantha, Siraj used to kill 10 freedom fighters every day by axe. He was also named in the list of Peace Committee members of Khulna as a razakar. The verdict says that Siraj was a surrogate of local Razakar commander Rajob Ali Fakir.
In its observation, the three-member tribunal led by Justice M Enayetur Rahim said that no punishment other than death can be proper for Siraj Master’s horrific crimes committed during the 1971 Liberation War.
“...The fierceness of the events of genocide and crimes against Humanity were extremely detrimental to basic humanness. It deserves to be evaluated as ‘crimes of serious gravity’ intending to demean the human civilisation,” it said in the judgement.
The tribunal started reading the 133-page verdict against the war criminals around 11am in presence of the duo.
The court earlier abated the third accused, Abdul Latif Talukder, from the charges as he died at Dhaka Medical College Hospital on July 28.
They were indicted on November 5 last year on eight charges of crimes against humanity including genocide, murder, abduction and forceful conversion of Hindus into Islam in Bagerhat during the war.
The prosecution submitted a list of 64 witnesses along with formal charges and documents. But at the time of the trial, the prosecution produced 32 witnesses including the investigation officer.
Of the charges, Siraj was indicted on four charges – for the killing of 600-700 Hindus in Rampal; 50 Hindus in Ranjitpur; abduction and killing of 19 people at Besargati and Kandapara; and the killing of seven people at Chulkathi.
Two common charges were brought against all of them – for the killing of 47 people while one each against Khan Akram and Latif.
Welcoming the verdict, locals in Bagerhat brought out processions and demanded quick execution of the death penalty.
The state-appointed lawyer for Siraj, Mohammad Abul Hasan said: “The prosecution wanted to establish him as deputy commander of razakar force’s Bagerhat sub-division unit but could not submit any documents in favour of their claim. We will appeal against the verdict.”
Abul was appointed as Siraj claimed that he had not been financially capable of appointing a lawyer. If Siraj moves the appeal, the state will need to appoint a lawyer for him again.
Khan Akram’s lawyer M Sarwar Hossain said that they would file an appeal to get justice.
On the other hand, prosecutor Haider Ali said that death penalty was appropriate for Siraj considering his crimes.
Another prosecutor Syed Sayedul Haque Sumon said: “During the trial, we told the tribunal that the freedom fighters had caught Siraj Master after the independence. But they handed him over to the police failing to control a huge crowd who came to see him.”
According to the prosecution, the trio took training under the Pakistani occupation forces at an Ansar Camp in Khulna and set up razakar units in different areas of Bagerhat. Subsequently they carried out killings, genocide, rape, loot, arson and forced conversion from those camps.
According to the indictment order, Siraj Master was a teacher of Khulna Multilateral High School until 1971. He was an activist of National Students’ Federation during his student life and thereafter he joined the Muslim League. In 2001, he joined the BNP and was active in the party until 2006.
During the war, he joined the razakar force, an auxiliary unit of the Pakistani Army, became a potential leader of the force in the then Bagerhat sub-division.
On the other hand, Akram served as a mechanic at the Agriculture Department and retired from the service in 2011. He joined razakar force and become the camp commander of Daibbagati and engaged in crimes in Bagerhat.
Latif was elected a member of Raripara union Kochua police station in 1985. He was a local leader of Jatiya Party. In 1990, he joined the Awami League. He died under trial.
Akram and Latif were arrested on June 10 and June 20 last year, and Siraj on July 21.
Charges
According to their indictment order, Siraj on May 13, 1971 was involved in the killing of 40-50 Hindus in Ranjitpur village under Bagerhat sadar and looting their houses. The tribunal said that the attack had been launched “with specific intent to destroy, in whole or in part, the Hindu religious group.”
On May 21, when several thousand Hindu men gathered at Kalimandir in Dakra of Rampal to take refuge in India, an armed group killed around 600-700 Hindus. Siraj was involved in the killings.
Collaborators on June 18 captured 19 pro-Liberation people of Besargati and Kandapara under Bagerhat sadar, tortured and killed them. Siraj is found to have been involved in the killings.
The notorious collaborator allegedly took part in the looting of 50 houses of Chulkathi village. A total of seven pro-Liberation people were murdered and 50 houses looted and torched.
On November 5, the trio attacked civilians at Shakharikathi Haat under Kochua. A total of 42 pro-liberation people were killed and many houses looted in that incident.
Five persons of different villages of Kochua were abducted, confined, tortured and subsequently killed by the three war crimes accused on November 22, the charge sheet says.
Akram and Latif detained freedom fighter Fazlur Rahman of Teligati village and killed him on December 13.
Execution of death sentence
The tribunal in its judgement said that there is no specific provision relating to the mode of execution of death sentences.
It, however, mentioned about section 368 of the Code of Criminal Procedure which provides that when any person is sentenced to death, it shall direct that he be hanged by the neck till he is dead. On the other hand, section 34 (A) of the Special Powers Act, 1974 says that when a person is sentenced to death, the sentence may be executed by hanging him by the neck or by shooting him till he is dead.
“So, it appears that in our jurisdiction a death sentence may be executed either by hanging the accused by the neck or by shooting him, till he is dead,” the verdict reads. “However, as and when any one of the five sentences to death will be executed, the other sentences to death would naturally get merged into the sentence to death first executed.”
Celebration in Bagerhat
War trial campaigners were jubilant over the verdict in Bagerhat town and other places including Siraj’s native village Gotapara under the sadar upazila. They also distributed sweetmeats among the locals.
District Muktijoddha Sangsad brought out a procession in the town. Freedom fighters and local Awami League lawmakers Dr Mozammel Hossain and Mir Shawkat Ali Badshah were present at that time. They welcomed the verdict but said that Akram should have been given capital punishment too.
Kosai Siraj never returned to his village after independence. His aunt Noorjahan said: “He also wanted to kill me … they torched my houses during the war.”
