The apex court yesterday upheld the death sentence of Chittagong al-Badr kingpin Mir Quasem Ali, who had earned titles like Bangali Khan and Sarder for leading the militia group to collaborate with the Pakistani occupation forces against the pro-liberation people in 1971.
The order paves the way for Quasem's walk to gallows for the crimes against humanity he had committed during the Liberation War including abduction, torture and murder of freedom fighters at torture cells in the port city.
A five-member full bench of the Appellate Division, headed by Chief Justice Surendra Kumar Sinha, delivered the short verdict before a packed courtroom at 9:42am yesterday.
The convict will get 15 days after the top court publishes its full verdict to file a review petition. If the petition is rejected or the convict does not file a petition, he will get a chance to seek the president's mercy. In case of its rejection or if he does not seek clemency, the government will carry out the sentence of the International Crimes Tribunal given in 2014.
The judgement was applauded by all quarters including those who had expressed doubts over Quasem's capital punishment in the backdrop of a rumour of the chief justice's favouring the defence in the case.
The defence said that they would file a review petition while Quasem's party Jamaat-e-Islami, like the previous instances, called a daylong countrywide shutdown for today terming the verdict a “judicial killing.”
The apex court upheld the Jamaat leader's sentences on seven charges, including one which had brought him death in the war crimes case. He was acquitted from three other proven charges including the one that earned him death.
Quasem's death was upheld for the abduction, torture and murder of 15-year-old freedom fighter Jasim of Sandwip in confinement at al-Badr torture cell in Daleem Hotel in Andarkilla area of Chittagong.
According to the charge, any time after the Eid-ul-Fitr day of 1971, Quasem made a plan and at his instigating, the members of al-Badr force abducted Jasim from an unknown place of the Chittagong City and took him to Daleem Hotel.
Thereafter, on November 28, under Quasem’s directive and hint, al-Badr members having confined Jasim therein tortured to death and then his body along with five other dead bodies of unknown persons, who had also been tortured to death by al-Badr men, were thrown into the Karnaphuli River.
Quasem, now 63, a member of Jamaat central executive council and considered by many as a top financier of the anti-liberation party, was handed down death by the tribunal on November 2, 2014 on two charges. He was also awarded a total of 72-year imprisonment on the eight other proven charges of abduction, conspiracy and planning. The tribunal acquitted him from four charges as the prosecution did not bring any witness against two charges and failed to prove the two others.
The tribunal ordered that “he be hanged by the neck till he is dead.”
The apex court acquitted Quasem from the charge of abduction and murder of Ranjit Das alias Lathu and Tuntu Sen alias Raju from Hazari Lane; and looting shops, torching 250-300 houses and forcing more than 100 families to go to India. The tribunal had given him death penalty on this charge by majority opinion.
The Appellate Division started the hearing on his appeal on February 9. The court completed hearing arguments in the case on February 24 and fixed yesterday for delivering the verdict.
It is the seventh appeals case heard by the top court.
Quasem was the al Badr’s third most important functionary after Jamaat chief Motiur Rahman Nizami and Secretary General Ali Ahsan Mohammad Mujahid. Nizami’s death sentence was upheld by the apex court on January 6 while Mujahid was hanged on November 21 last year.
Two other death row convict top al-Badr leaders – Chowdhury Mueen Uddin and Ashrafuzzaman Khan – have remained fugitive. The government is working to bring them back and execute the sentences.
Quasem joined Islami Chhatra Sangha, then student wing of Jamaat, in 1967 while studying at Chittagong Collegiate School. He later became its Chittagong city unit general secretary. During the war, he played an important role in forming al-Badr Bahini in Chittagong and led the criminal enterprise.
The Pakistani Army members were known as “Khan Shena” during the Liberation War. Quasem earned infamous titles for his atrocious acts in 1971 such as “Khan Shaheb,” “Bangali Khan,” “Sarder” (commander) as he and his force were actively collaborating with their killing mission against the Bangalis.
In the verdict, the tribunal said that Quasem had established himself as the “ring leader” of the criminal enterprise (al-Badr camp at Daleem Hotel). His conscious and active presence at the al-Badr camp, his inducing sayings, acts and conducts cumulatively suggest his “commanding position.”
The tribunal said that Quasem was found liable also under the doctrine of Joint Criminal Enterprise, which means he was liable for systematic form of killing and torture. Quasem was a “part of an ‘organised system’ of ill-treatment and cruelties … Quasem has incurred criminal liability also under the ‘theory of civilian superior responsibility’ in respect of offences proved.”
“His position of authority and domination over the al-Badr camp which was indeed a ‘death factory’ justifiably be taken onto account as an aggravating factor.”
He fled the country after the independence and resumed politics as the president of Islami Chhatra Shibir in 1977. He later became a business tycoon and established many enterprises under the supervision of top Jamaat leaders.
Quasem is the member secretary of the Islami Bank Foundation, an organisation that oversees all projects of Islami Bank Bangladesh Ltd and profits generated by it; chairman of Keari Ltd, a real estate and tourism company; founding trustee and also a member responsible for the administration of the Ibn Sina Trust and director (marketing) of Ibn Sina Pharmaceutical Industries. The Jamaat leader is also the member secretary of the Fouad Al-Khateeb Charity Foundation. He is the chairman of the daily Naya Diganta and Diganta television.
According to the government, Quasem had appointed a US lobbyist firm to make the war crimes trials controversial. The chief justice during the appeal hearing asked the government to sue Quasem for the move.
Next step
“We will wait for 15 days after the full verdict is released. If they do not pray for a review, the sentence can be executed,” Law Minister Anisul Huq told reporters yesterday.
Quasem’s lawyer Khandker Mahbub Hossain, also an adviser to the BNP chief, told reporters that they would wait for the copy of the detailed judgement to file a review against the verdict.
Wife of the convict Khondokar Ayesha Khatun in a statement said that the verdict had “no legal basis.”
“Evidences and witnesses presented by the prosecution were not sufficient enough to prove him guilty, which is clear from the chief justice’s comments during the hearing,” the statement reads.
Country’s chief law officer, Attorney General Mahbubey Alam, expressed satisfaction over the verdict.
“It is not still clear why he got acquittal on one charge – for killing Ranjit Das alias Lathu and Tuntu Sen alias Raju of Chittagong town for which he was sentenced to death by the tribunal. There will be explanations in the full verdict.”
“Justice has been served and we are satisfied,” he, however, said.
Quasem, now staying in a condemned cell of the Kashimpur Jail, was informed of the Appellate Division verdict several hours after the judgement was pronounced, jail authorities said.
Superintendent Prashanta Kumar Banik said that the convict looked normal when he had been formally informed of the verdict at noon.
