Supporting Pakistan cannot be an offence: Mojaheed's counsel
Just because Jamaat-e-Islami leader Ali Ahsan Mohammad Mojaheed worked for an undivided Pakistan in 1971, it does not mean he committed crimes against humanity, said his counsel Tajul Islam before the International Crimes Tribunal yesterday.
“I admit that he [Mojaheed] was a leader of Islami Chhatra Sangha [the student wing of Jamaat in 1971]. They [Mojaheed and his associates] had addressed the people at different rallies to uphold the sovereignty of the country [Pakistan] and to save the country from Indian aggression,” Tajul claimed.
“They had taken a side to uphold the country's sovereignty but it does not mean that they had committed crimes against humanity,” he said, adding, “Supporting an undivided Pakistan cannot be an offence unless crimes were committed on his direct orders.”
Tajul was placing his arguments during the charge framing against the Jamaat-e-Islami secretary general in the case filed in connection with his involvement in crimes against humanity committed during the Liberation War in 1971. Mojaheed, a former minister of the BNP led four-party alliance government, was produced before the court yesterday. He is facing 32 charges.
The tribunal headed by Justice Md Nizamul Huq recorded the argument of the defence counsels and adjourned the hearing until March 28 following an adjournment petition filed by the defence.
The prosecution finished reading out the 109 pages of formal charges and placing its arguments in support of the charges on March 20. The tribunal had fixed yesterday for placing defence lawyers' arguments.
After hearing the defence arguments, the tribunal will decide whether to frame charges against the Jamaat leader.
Mojaheed, the then secretary of East Pakistan Islami Chhatra Sangha, through speeches delivered in Rangpur, Bogra, Comilla and Faridpur provoked and instigated the then Pakistani occupation force and its collaborators--the Razakar, Al Badr, Al Shams and other organisations--in killing pro-liberation people, according to the prosecution.
He later went on to become president of Islami Chhatra Sangha.
The prosecution also charged Mojaheed with the murders of Rumi, son of author Jahanara Imam, and journalist Shahid Sirajuddin Hossain, who were killed during the Liberation War.
Mojaheed is among six Jamaat and two BNP leaders facing charges of crimes against humanity at the tribunal.
Yesterday, Munshi Ahsan Kabir, a defence counsel of Mojaheed, began the argument regarding the charges. He said the prosecution tried to establish that Mojaheed was second-in-command of Al Badr but actually it was the Pakistan army that controlled Al Badr.
Tajul Islam later took over the defence's argument.
He said the people who had been campaigning for the setting up of the tribunal believed that the Jamaat-e-Islami was an anti-liberation force consisting of war criminals; and they believed that this political party needed to be uprooted.
The defence counsel said there was a historic explanation behind Jamaat's stance during the Liberation War of 1971. He then argued that Mojaheed did not commit any crimes just by working for an undivided Pakistan during the war.
Tribunal Chairman Justice Md Nizamul Huq then told the counsel that the court would frame charges after getting the “prima facie” [primary proof of offence] of the crimes against the Jamaat leader.
The prosecution noted Mojaheed's superior position as he was the leader of an organisation that allegedly committed war crimes, argued Tajul Islam. He asked why the prime minister was not being accused of the crimes committed in the country as she was the “chief executive”.
The counsel then told the tribunal that it was an “independent” court and appealed for holding the trial following “internationally recognised jurisprudence” and “being free from emotions”, and not considering the accused as “Jamaat leaders”.
Tajul said there was a government as well as the Pakistani army but they were not brought in for trial; instead some student leaders of that time have been brought before the court because they are now a vital element in the country's politics. The Jamaat leaders are facing trial because of a political conflict with the people behind the tribunal, the counsel added.
He said Ekatturer Ghatak Dalal Nirmul Committee wanted to root out Jamaat-e-Islami. “Who gave them the power to root out [the Jamaat]?'
Justice Nizamul Huq responded by saying, “It is called Ekatturer Ghatak Dalal Nirmul Committee, not Jamaat Nirmul Committee.”
The defence had earlier appealed for adjourning yesterday's proceedings, saying that it would file a discharge petition, which was yet to be prepared.
The tribunal then asked the defence to begin their arguments. The court will consider the adjournment prayer later in the proceedings.
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