No more Azam witnesses: ICT
Mon, Dec 10th, 2012 4:58 pm BdST
Dhaka, Dec 10 (bdnews24.com) The first war crimes tribunal of Bangladesh has stopped production of defence witnesses in the former Jamaat-e-Islami chief Ghulam Azam's case, though with a rider.
The order came in response to a two-day adjournment petition of the defence moved by Mohammad Mizanur Rahman, who was the lone defence lawyer present in the court throughout the day.
The three-judge International Crimes Tribunal 1, set up to try crimes against humanity during the 1971 Liberation War, said on Monday that if the Jamaat guru's defence came to court on Wednesday with their witness and satisfied the judges with their explanation, then they could be allowed to present further witnesses in the case.
The tribunal had ordered on Sunday, when there was an opposition blockade of the streets and no defence lawyer once again with the sole exception of Mizanur Rahman was present, that if the defence could not produce its witness on Monday then it would be barred from producing further witnesses.
Most of the ongoing war crimes trials are against the top Jamaat leadership and include, besides Azam, the current party chief Motiur Rahman Nizami, his deputy, Jamaat Secretary General Ali Ahsan Mohammad Mujaheed, two assistant secretaries general and an executive council member of the party.
Almost all the defence lawyers are Jamaat men or party faithfuls. Arguably the largest Islamist organisation in the subcontinent, the Jamaat-e-Islami remains a key ally of the main opposition party BNP.
While Sunday was an opposition blockade, the BNP called for a mass demonstration on Monday and a day-long general strike for Tuesday.
Monday saw the tribunal convene proceedings after midday almost two hours behind the schedule due to an oath-taking ceremony of judges. Justice Anwarul Haque, the third member of the first war crimes tribunal, was one of the judges to get confirmation of their appointments at the country's apex court.
Mizanur Rahman appeared before the court and pleaded for an adjournment of two days Monday and Tuesday.
He said that the senior defence counsel, Mizanul Islam, who has been leading the trial of the top Jamaat leaders, currently behind bars for war crimes charges, could not appear due to serious personal difficulty.
The court had on Sunday taken a lenient view about Mizanul's appearance before the court noting the opposition blockade when there were scarcely any vehicles on the streets compounding the counsel's difficulty to commute since he moves in a wheel chair and does not command the use of one of his legs.
In the morning session, the court was only able to sit for about half-an-hour and directed Mizanur Rahman to have his witness brought to court by 2pm when the court returned from lunch recess.
However, the defence lawyer failed to do so. Currently, Abdullahil Amaan Azmi is currently evidence on behalf of his father Ghulam Azam and is in the process of submitting documents as court exhibits.
Summarily sacked when he was a Brigadier in the Bangladesh Army in 2009, after the current government took office, the 30-year infantryman has already spoken about civil-military relationship, command structure and military in aid to civil power.
Prosecutor Zead-Al-Malum reiterated his submission of the previous day and said it was clear that the witness was not anymore interested to give testimony. He further pointed out that the tribunal had given an order the previous day that production of defence witnesses would be stopped if there were no witnesses on Monday.
The prosecutor prayed that the court give an appropriate order in accordance with its previous order.
The tribunal in its order, which came after several minutes of discussion among the judges, noted that none of the defence lawyers except Mizanur Rahman was present although there were no political activities on the day.
The order said that it believed the defence should be given sufficient scope to produce its witnesses. But the tribunal added, "The order of stopping defence witnesses has already been passed. We are of the view that that order should stand. The defence is barred from producing witnesses."
The court then set Dec 12 for closing arguments, but added that if on that date the defence were to produce their witness and provided a satisfactory explanation for its failure to come to the court and produce witness, then further defence witnesses would be allowed.
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, the 89-year-old former Carmichael College professor has been kept at the prison cell of the Bangabandhu Sheikh Mujib Medical University for better treatment considering his delicate health.
Ghulam Azam's indictment hearing began on Feb 15 and the court charged him on May 13.
A former chief of Jamaat-e-Islami, arguably the largest Islamist organisation in the subcontinent, 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.
Azam was indicted on five charges including incitement, conspiracy and complicity on May 13.
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No more Azam witnesses: ICT | Politics | bdnews24.com
i bet roybot our residential jamai is being made to take up Bangladeshi citizenship by our bhabi, thus all the civic concerns about Bangladesh.
