As the Supreme Court yesterday released the full text of verdicts in the appeal cases of war criminals Ali Ahsan Mohammad Mujahid and Salauddin Quader Chowdhury, the defence are now preparing for filing review petitions against the judgements that confirmed the duo’s death penalty.
Chief Justice SK Sinha, who heads the four-member Appellate Division bench, wrote the main part of judgement in BNP leader Salauddin’s case, delivered on July 29. The other members of the bench are Justice Nazmun Ara Sultana, Justice Syed Mahmud Hossain and Justice Hasan Foez Siddique.
Justice Hasan prepared the main part of Mujahid’s verdict. The top court on June 16 upheld his capital punishment given by a war crimes tribunal in 2013.
Lawyers for the death row convicts will have a chance to file review petitions within 15 days from the publication of the full verdict. Defence lawyer Shishir Monir yesterday told reporters that they would file review petitions within the stipulated time.
The government will begin the processes to execute the war criminals after the tribunal receives the verdict’s copy and issues death warrants.
The tribunal registrar received the full text yesterday evening.
Upon receiving the warrants, the jail authorities will read them out to the convicts. If the review petitions are disposed of and their death sentences are upheld, the convicts will have the opportunity to seek mercy from the president admitting the crimes and meet the family members.
If they are denied pardon or if they decline to appeal, the government will execute the convicts through the jail authorities.
A notorious al-Badr leader during the 1971 Liberation War, Mujahid is currently in Dhaka Central Jail. Former BNP lawmaker Salauddin, who had taken part in the annihilation of the Hindus in Chittagong during the war, in kept at the Kashimpur High-Security Jail.
So far, the government has executed two war criminals following legal procedures. They are Jamaat leaders Abdul Quader Molla and Muhammad Kamaruzzaman. The apex court earlier commuted the death penalty of another Jamaat leader Delawar Hossain Sayedee to imprisonment until death. None of the convicts admitted to committing the crimes.
The International Crimes Tribunal on October 1, 2013 sentenced Salauddin, son of Convention Muslim League leader Fazlul Quader Chowdhury, to death on four out of nine proven charges including the murder of Nutan Chandra Singha and genocides in Unosottor Para, Banik Para and Madhya Gohira. Salauddin and his father had used their Goods Hill residence as a torture camp. He filed the appeal seeking acquittal on October 29 the same year.
On the other hand, al-Badr commander Mujahid, 69, filed the appeal on August 12, 2013 seeking acquittal from all the charges. Social welfare minister (technocrat) during the BNP-Jamaat alliance’s 2011-06 tenure, Mujahid was sentenced to death by the tribunal on July 17 the same year.
Mujahid was given capital punishment on two charges – for abetting and facilitating the torture and murder of intellectuals at the fag end of the war, and the murder of nine Hindu civilians in Faridpur.
As a leader of Islami Chhatra Sangha – Jamaat’s then student wing – Mujahid in 1971 had led “death squad” al-Badr. He is the incumbent secretary general of Jamaat, which the tribunal labelled as a criminal organisation.
In the full judgement, the apex court said that Mujahid and his paramilitary force had been involved directly in the killing of intellectuals and atrocities between December 10 and December 16, 1971.
Mujahid had always instigated, actively suggested, intentionally aided and supported his al-Badr force for the commission of brutal killings in the name of Islam and defence of United Pakistan. He also instigated his fellows to kill the freedom fighters addressing them as miscreants, “Dalals of Hindustan,” dogs, and traitors. “...It is clear from his activities, speeches and conduct that he instigated his subordinates to commit such brutal offence...”
Mujahid and other members of Chhatra Sangha had formed al-Badr taking support of the Pakistan Army and started fighting against the mass people at large and the freedom fighters in particular. At one stage, they kidnapped and killed the intellectuals, who were the best sons and daughters of the soil, just before the victory.
The judges also said that Mujahid along with some other members of his force had rushed to the cantonment and met with the high officials of the Pakistan Army, on the morning of December 16, 1971 and demanded arms for fighting against the freedom fighters, though the Pakistan Army had already decided to surrender.
“...It will be a mockery of justice to permit the accused to escape the extreme penalty of law when faced with such evidence and such cruel acts...The sentence awarded by the tribunal for intellectuals killings is not disproportionate in view of the nature of charge and evidence adduced. The people of this earth did not forget Hiroshima and Nagasaki. This nation did not and shall never forget 1971.”
Mujahid was arrested on June 29, 2010 on charges of hurting religious sentiment and defying court orders. He was later shown arrested the war crimes case on August 8. The tribunal indicted him on June 21, 2012.
In the full verdict of Salauddin’s case, the top court judges said that he had persecuted, killed and caused disappearance of civilian people solely on religious and political grounds. He had direct involvement in the killing of innocent people.
The judges also mentioned about his behaviour during the trial at the tribunal. “He showed no repentance or remorse for his conduct at any point of time rather he neglected the process of trial. The tribunal recorded his demeanour observing that he was arrogant and violated the decorum of the tribunal by shouting off and continued to such conduct throughout the process of the trial despite warnings.
“In view of his conduct and behaviour, and also in view of his direct participation, and the brutality exerted in those incidents, awarding of death sentences was proportionate to the gravity of those crimes,” the full verdict reads. “...His participation was intentional with a motive to eliminate a religious community as a whole for political vengeance.”
Salauddin, now 66, committed the crimes with the highest ruthlessness and extreme atrocity at his Goods Hill residence and the localities of Raozan in Chittagong.
“The offences were not the one envisaged in the penal laws of any country, the accused in committing those crimes in the synchronised plan and design that were developed and put into execution with cool blood.”
He had thoroughly designed plan and common objectives to commit those crimes with specific intention to exterminate the Hindu religious community and his political opponents from that locality. “...We find no cogent ground to interfere with the sentences of death,” the full verdict reads.
Salauddin, who had served then prime minister Khaleda Zia as her parliamentary affairs adviser during 2001-06, was arrested on December 16, 2010, and shown arrested in the war crimes case on December 19 the same year. The tribunal indicted him on April 4, 2012.
The convict, however, refuted all the charges claiming that he had been in Pakistan from March 29, 1971 to April 20, 1974, and three other defence witnesses echoed him. His counsel reiterated the claim during the appeal hearing, but failed to prove it.
On the other hand, seven people including Salauddin’s family members, lawyer and manager were sued for their alleged involvement in leaking the draft verdict from the tribunal’s computer.
