Nizami to walk to gallows

ICT finds Al-Badr chief guilty in 8 out of 16 charges: Defence lawyers to file appeal

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Staff Reporter :In a long-awaited verdict, Motiur Rahman Nizami, the Ameer of Bangladesh Jamaat-e Islami, has been sentenced to death for his crimes against humanity during the Liberation War in 1971.A special court, the International Crimes Tribunal [ICT] -1, on Wednesday found him guilty of eight war crimes including the killing of intellectuals at the fag end of the Liberation War. The unanimous verdict said that eight of the 16 charges filed against him have been proved undoubtedly. The court sentenced him to ‘hang by the neck until death.’Nizami, 71, was the chief of the then Jamaat student wing Islami Chhatra Sangha that turned into Pakistan army’s infamous militia outfit Al-Badr, a secret killing force that had conducted planned killings and disappearances of the country’s intellectuals during liberation period.A former industries minister during the BNP-led four party alliance government in 2001-2006, Nizami was the last high-profile accused brought to justice on war crimes charges. Two special tribunals [ICT-1 and ICT-2] set up by the Awami League government have so far pronounced verdicts in 10 cases of war crimes.Chairman of the three-member court Justice M Enayetur Rahim pronounced the verdict in a high-security and jam-packed courtroom in Dhaka, saying Nizami would pay with his life for the wartime atrocities committed in 1971.After some preliminary remarks, Justice M Enayetur Rahim started reading the summary of the 204-page judgment at about 11: 10 am. Two other judges Jahangir Hossain and Mohammad Anwarul Haque were also present.The verdict said Nizami, chief of Islami Chhatra Sangha in 1971, was involved in ‘planning and conspiring’ for mass-killing, murders, rapes and loot at different villages in Pabna and instigated and helped the perpetrators to commit crimes.The verdict further said Nizami was involved in murders of intellectuals in Dhaka just before the final victory which carries the ‘supreme responsibility’ for the crimes.Besides, in its observation, the court said that Nizami, though claimed to be an Islamic scholar, misinterpreted the Quran to encourage his followers to conduct a massive genocide. The court observations also said that making Nizami minister was a slap on the faces of martyrs.In fact, the Wednesday’s ICT ruling was originally scheduled for June 24. But it was postponed at the eleventh hour because of Nizami’s sudden high blood pressure.Prosecutor Haider Ali said it was a historic verdict. “The ICT ruled that Nizami was chief of the Al-Badr militia, which took part in many heinous crimes,” he said.On the other hand, Nizami’s lawyers said they planned to file an appeal before the apex court.Tajul Islam, one of the defence lawyers, said that the tribunal had ‘exceeded its jurisdiction by commenting on Nizami’s appointment as minister’ during BNP regime.Earlier, Nizami was taken to the ICT -1 from Dhaka Central Jail at about 9:30am. He appeared before the court with his trademark Jinnah cap and wearing white kurta along a brown vest over it. He was looking indifferent with blank eyesight.The trial began on May 28, 2012 after his capture on July 29, 2010 for allegedly hurting religious sentiments. Later, he was shown arrest on Aug 2, 2010, for committing crimes against humanity. It took more than two years to complete the trial. In the trial, there were 26 prosecution witnesses, including the investigating officer.The prosecution claimed that they had been able to prove 15 out of 16 charges made against Nizami, except for charge number 5, for which they could not produce enough evidence.Earlier, Nizami had received another death sentence from a court in January 2014 for his involvement in the smuggling of 10 truckloads of arms and ammunition to Chittagong in 2004.Meanwhile, the security was tightened across the country before the verdict.Jamaat activists took to the streets in different cities to protest against the sentence, clashing with police and BGB, but it was quiet in the capital.Charges against NizamiCharge 1 [Guilty]: Nizami has been found guilty for killing Pabna Zilla School teacher Kasim Uddin in June 1971. He guided the Pakistan Army who had arrested Kasim Uddin from his house, tortured him and shoot him dead. Two others were also killed in his presence. The ICT sentenced him life in prison.Charge 2 [Guilty]: Nizami invited Baushbarhi villagers [Pabna’s Santhia Upazila] to gather at Ruposhi High School premises on May 10, 1971 and announced that Pakistan Army would ensure peace. The troops arrived on May 14 and killed 450 people of Baushbarhi and Demra villages. About 30 to 40 women were raped. Nizami and his associates forced many others to leave the country. The ICT sentenced him death by hanging for the guilt. Charge 3 [Guilty]: Nizami regularly visited the physical training centre at Mohammadpur in Dhaka, where Razkars and AL-Badrs were trained to kill general people. The intellectuals were taken there blindfolded and killed, and women were raped.The charge said “as a chief of the Al Badr Bahini”, Nizami visited the place for hatching conspiracy with Pakistan Army officers to commit war crimes and his complicity with the crimes committed there had been found. The ICT sentenced him life in prison. Charge 4 [Guilty]: Nizami ordered a group of Razakars to kill Habibur Rahman Sarder at a bus stop in Karamja village of Pabna in April 1971 for allegedly helping the freedom fighters.Being inspired and guided by Nizami, Pakistani troops surrounded the house of Megha Thakur, a local of Hindu community, at Karamja village on May 8, 1971, and killed several people and raped three women and also looted the house after the murders. The ICT sentenced him death by hanging for this crime.Charge 5 [Not guilty]: On April 16, 1971, about 21 civilians were killed when Pakistani army aided by Nizami and his associates attacked the Arparha and Bhuter Barhi villages. The houses of the village were looted and burnt to ashes.The court acquitted him from the charge.Charge 6 [Guilty]: Under the guidance of Nizami, the Pakistan Army raided the house of Abdul Awal and other houses nearby at Dhulaurha village of Pabna on Nov 27, 1971. They nabbed 30 villagers and shot them dead at a local school. After the army left, Razakars led by Nizami captured another 22 people and killed them on the bank of Ichhamoti River. The ICT sentenced him death by hanging.Charge 7 [Guilty]: Getting information from Nizami, the army arrested one Sohrab Ali from his home at Brishalikha village in Pabna on Dec 3, 1971. He was tortured to get information about his son freedom fighter Md Adbul Latif Selim. Ali was killed in presence of his family. The ICT sentenced him life in prison.Charge 8 [Guilty]: The accused Nizami and then the secretary of ICS Ali Ahsan Mohammad Mujaheed visited MP Hostel in Dhaka on August 30, 1971. He issued order for the murder of several youths, including Shafi Imam Rumi, son of ‘Shaheed Janani’ Jahanara Imam. The ICT sentenced him life in prison.Charge 9 [Not guilty]: Being tipped off by Nizam, Pakistan troops shot dead 70 people and torched 72 houses at Brishalika village of Berha Upazila in Pabna on Dec 12, 1971. The ICT acquitted him from the charge. Charge 10 [Not guilty]: Some Razakars burnt the house of Anil Chandra Kundu at Sonatola in Sathia in Aug 1971 for participating in the Liberation War. The ICT also acquitted him from the charge. Charge 11 [Not guilty]: Nizami at a meeting of ICS unit, Chittagong unit in August 1971 incited the Muslims as saying, ‘Pakistan is the house of Allah…there is no power on earth that can destroy Pakistan.’ His speech intended to exploit people’s religious sentiment and provoked them to ‘commit crime against Banglees, who were struggling for independence.” The ICT acquitted him from this charge also. Charge 12 [Not guilty]: On Aug 22, 1971, in a meeting held at Islamic Academy Hall in Dhaka Nizami inciting Muslims to go after freedom fighters. He had urged pious people to take up arms against the enemies of Pakistan. The ICT acquitted him from the charge. Charge 13 [Not guilty]: Nizami had incited Muslims at a meeting in Dhaka on September 8, 1971 marking the Defence Day of Pakistan. The ICT acquitted him from the charge.Charge 14 [Not guilty]: Nizami at a meeting at the Jessore district headquarters on September 10, 1971 had misinterpreted two verses of Surah Tauba of the al-Quran for inciting a gathering of Razakars. The ICT acquitted him from the charge.Charge 15 [Not guilty]: Nizami used to visit Sathia Razakar camp in Pabna during the war regularly for conspiracy. The ICT acquitted him from the charge. Charge 16 [Guilty]: As the head of ‘Al Badr’, Nizami orchestrated and executed the killing of intellectuals on Dec 14, 1971. It was the last charge. The ICT sentenced him death by hanging.

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