Dhaka, May 13 In a landmark decision, the first war crimes tribunal of Bangladesh indicted Jamaat-e-Islami guru Ghulam Azam for incitement, conspiracy, planning, abetment and failure to prevent crimes against humanity during the nation's War of Independence in 1971.
When asked to plead, the former Jamaat chief said there were numerous charges mentioned. "It is not possible to respond to all of them in a short time. But I do not consider myself guilty of the charges."
A political science graduate of Dhaka University and also a former leader of the university's central students union, Azam pointed out to the tribunal that the list of war criminals of 1973 did not have his name on it.
"I was, however, on the list of collaborators. But after pardoning principal war criminals, the government of Sheikh Mujibur Rahman declared a general amnesty. Hence I have been already forgiven."
The former teacher of Rangpur's Carmicheal College was not allowed to continue further when his remarks took a political turn and the tribunal advised him that he would get the opportunity to make these remarks once his defence called him to the stand presumably during the witness examinations.
The International Crimes Tribunal-1, set up on Mar 25, 2010, on the 39th anniversary of Bangladesh's independence to try crimes against humanity during the bloody war, read out five kinds of charges against the former chief of Jamaat, arguably the largest Islamist organisation of the region, having deferred the indictment order twice since Apr 17.
The three-judge tribunal, headed by chairman Justice Mohammad Nizamul Huq, read out charges for almost two hours dwelling upon the historical context, Ghulam Azam's history and procedural history of the case before beginning with the charges.
Justice Huq, reading out the charges, also noted the arguments of both the prosecution and Azam's defence along with the court's observations, as his court gave its third indictment order — the first being another Jamaat leader Delwar Hossain Sayedee on 20 counts and BNP MP Salauddin Quader Chowdhury on 23 counts.
Before beginning with the historical context, Justice Huq said the order was of 'considerable significance for the people of Bangladesh'. "It is a significant moment in the history of Bangladesh," he said before commencing on the historical development leading up to the Liberation War.
The order stated that the tribunal had prima facie case against Azam on the basis of formal charges, witness statements and other documents.
The thrust of the charges was based on Ghulam Azam's superior status, as the chief of Jamaat during 1971, and his influence over his party men.
The indictment order noted that Azam had been part of the 12-member delegation that met with Lt Gen Tikka Khan, the martial law administrator of East Pakistan, on Apr 4 of 1971 and suggested that he had thereby endorsed the heinous atrocities committed by the Pakistani Army from the very outset, since it was after the night of Mar 26 when Pakistani occupation forces had descended upon the Bangladeshi civilians across the country.
The order went on to note the numerous meetings between Ghulam Azam and central figures of the Pakistani junta of 1971 like Tikka Khan and Yahiya Khan, the then president, along with Azam's inciting speeches at meetings and rallies.
The charges linked Azam with the Razakars, through his position in the central Peace Committee and Jamaat-e-Islami, something that is denied by the 89-year old man's defence.
Upon noting that Azam had pleaded 'not guilty', the tribunal directed that the trial proceed against him commencing with the opening statement and witness examination on June 5 when the defence will also have to submit its list of witnesses and other documents that it intends to rely upon.
Jamaat Guru in ICT-1
On Dec 12, 2011, the prosecution brought a 52-point charter of charges against Azam and appealed for his arrest. Later, following the tribunal order, charges were re-arranged and presented to the tribunal on Jan 5.
He was produced before the tribunal on Jan 11 and sent to jail the same day. Since that evening, Ghulam Azam has been kept at the prison cell of the Bangabandhu Sheikh Mujib Medical University for better treatment considering his delicate health.
The prosecution's numerous charges against him mainly consist of incitement, conspiracy, complicity and command responsibility for crimes against humanity.
A former chief of Jamaat-e-Islami, Azam is allegedly among the key people who pioneered anti-liberation efforts in 1971 colluding with the Pakistani military junta of that time.
He is widely perceived to have been among core group of right-wing supporters of the Pakistani Army, who came out strongly in support of a united Pakistan.
Ghulam Azam, then chief of Jamaat, was instrumental in setting up the infamous Peace Committee at the national level. The Razakars, an auxiliary force set up mainly to actively thwart the liberation forces, are said to have been mobilised through the Peace Committees across Bangladesh.
Among the most notorious vigilante militia are the Al Badr, whose membership is said to have been mainly dominated by the Jamaat's student wing called the Islami Chhatra Sangha at that time.
The Al Badr is alleged to have spearheaded execution of the intellectual elites of Bangladesh just days before the victory on Dec 16, 1971.
Azam also spoke in favour of Pakistan to the Middle Eastern countries during the war, according to the prosecution.
He stayed in London for seven years after 1971 and returned to Bangladesh in 1978 during BNP founder Ziaur Rahman's rule. Having led Jamaat for long, Azam retired from active politics in 1999.
His party remains a key ally of the main opposition BNP. Two Jamaat leaders, also behind bars for war crimes charges, have even served as ministers during the BNP's last tenure in government between 2001 and 2006, when Azam's party was part of the ruling coalition.
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