IN THE SUPREME COURT OF BANGLADESH

APPELLATE DIVISION

PRESENT:

Mr. Justice Surendra Kumar Sinha, Chief Justice Mr. Justice Syed Mahmud Hossain

Mr. Justice Hasan Foez Siddique

Mr. Justice Mirza Hussain Haider

Mr. Justice Mohammad Bazlur Rahman

CRIMINAL APPEAL NO.144 OF 2014.

(From the judgment and order dated 02.11.2014 passed by the International Crimes Tribunal No.2 (ICT-2) ICT-BD Case No.03 of 2013)

Mir Quasem Ali:                 Appellant.

=Versus=

The Chief Prosecutor, International Crimes

Tribunal, Dhaka Bangladesh: Respondent.

For the Appellant: For the Respondent:

Mr. Khondaker Mahbub Hossain, Senior Advocate (with Mr. S.M. Shahjahan, Advocate), instructed by Mr. Zainul Abedin, Advocate-on-Record.

Mr. Mahbubey Alaam, Attorey General, Bangladesh, (with Mr. Murad Reza, Additional Attorney General, Mr. Momtaz Uddin Fakir, Additional Attorney General, Mr. Biswajit Debnath, Deputy Attorney General, Mr. Md. Ekramul Haque, Deputy Attorney General, Mr. Kh. Diliruzzaman, Deputy Attorney General, Mr. Masud Hasan Chowdhury, Deputy Attorney General, and Mr. Bashir Ahmed, Assistant Attorney General), instructed by Mrs. Mahmuda Parveen, Advocate-on-Record.

Date of hearing: 9th, 10th, 15th, 16th, 17th, 23rd and 24th February, 2016. Date of Judgment: 8th March, 2016.

J U D G M E N T

Surendra Kumar Sinha, CJ.:

Prelude

Yahya Khan in a press conference in Dhaka on November 27, 1969. declared that the elections would be held on December 17 except in the cyclone affected

constituencies which would be decided by the Election Commission. He further made it clear that until elections in all constituencies were completed the National Assembly would not sit. Yahya further declared that it was his duty “to see that proposed constitution assured integrity, safety and security of the country and that all those who were participating in elections accepted Legal Framework Order (LFO). If they reject LFO after the elections, I will treat it as if they have not participated in elections and martial law continues in that case.” He also assured that all the federating units would have maximum autonomy.

 The elections were held in peaceful atmosphere.

Awami League won 160 seats out of 162 constituencies in the then East Pakistan now Bangladesh in the National Assembly and 288 out of 300 in the Provincial Assembly. In West Pakistan, Bhutto’s party (PPP) won 81 seats out of 138 constituencies. In the ultimate analysis, Awami League emerged as the absolute majority party in the National Assembly as well as in the Provincial “Assembly acquiring thereby the democratically to form government in the centre and  therefore  to  frame  the  constitution  of  the country at its instance.

On January 12 and 13, 1971 Yahya met Sheikh Mujibur Rahman, the majority leader and his top colleagues in Dhaka and discussed six points. Yahya Khan made a disclosure to the pressmen that Sheikh Mujibur Rahman was going to be the future Prime Minister of Pakistan. By the end of January, Bhutto came to Dhaka and learnt from Sheikh Mujibur Rahman that  he  was  firm  on  six  points,  and  that  his discussions on revenue and tax matters with Yahya Khan were inconclusive. On February 13, Yahya Khan announced that the National Assembly would meet in Dhaka on March 3, 1971.

On February 15, Bhutto declared that it would be pointless for PPP to attend the Constituent Assembly if PPP could not participate in framing the constitution. On February 29, Bhutto declared that he would organize all of West Pakistan in violent protest if the National Assembly should be convened on March 3. To avert the deteriorating situation, Sheikh Mujibur Rahman is known to have developed attitude to relax provincial power over aid and trade within the framework of foreign policy of the country and to clarify that express constitutional provisions were contemplated to empower the National Assembly to impose a federal levy on the federating units.

On March 1, Yahya Khan made announcement postponing the National Assembly session without consulting Sheikh Mujibur Rahman. This gave rise to angry demonstration of protests, processions with slogans against Yahya Khan, Bhutto and West Pakistan. The postponement was castigated as an entente with Bhutto and army to nullify Awami Leaque’s massive victory in the elections. Thousands of people gathered before Purbani hotel where Sheikh Mujubur Rahman was holding a meeting of party leaders. He at once convened a press conference, asked the agitating angry people to remain peaceful and non-violent, declared hartal (strike) for March 2. All offices, businesses, shops, institutions, trains, airplanes etc. stopped functioning. The Martial Law Administrator (MLA) called army to prevent agitation. Curfew was imposed. Vice-Admiral Governor Ahsan was removed for his softness. Lt General Yakub was made the new Governor. He issued punitive martial law order, forbidding printing, publishing pictures, news items, views etc. against the integrity of Pakistan. Governor Yakub was replaced by Lt General Tikka Khan who was ruthlessly oppressive.

On March 3, Yahya Khan invited political leaders for discussion about holding National Assembly session a few weeks later after a conference. Sheikh Mujibur Rahman rejected the invitation and termed it a cruel joke after the killing of unarmed civilians after the elections by the army in different places on miscellaneous pretexts. On the same date, Sheikh Mujibur Rahman held a massive public meeting and mourned the death of the people killed by the army during protest demonstrations and before, and extended hartal up to March 6, and announced a public meeting at race course to be held on March 7. He called upon Governor Yakub to bring back the army to the barracks. People across ‘East Pakistan had already started to build barricades to impede the movement of the army. There was a press report on March 6 that MLA decided on March 5 to return army to the barracks as there were no untoward incidents during the past two days. It would appear that the postponement of National Assembly session without consulting Sheikh Mujibur Rahman was a blunder of Yahya Khan. Since March 1, economic, industrial, and all other activities in East Pakistan were carried on under order of AL.

Bhutto with his 81 seats in the National Assembly started to masquerade his party’s majority in West Pakistan, and designed to demand two Prime Ministers for Pakistan – one in himself and the other in Sheikh Mujibur Rahman. This demand obviously meant that Bhutto’s party would not agree to a parliamentary majority rule of East Pakistan in the centre. His demand, by definition, meant a federation of Pakistan, each part having its regional Prime Minister. Bhutto was silent as to whether or not there would be any President in his scheme to look after Pakistan. It was generally presumed that Bhutto might have meant a confederation under a titular Yahya Khan. He further demanded that his party’s consent must be taken in all matters of national importance. This meant that Awami League with an absolute majority in the National Assembly would not be able to take any majority decision in “matters of national importance” – such a perception which was, in fact, undemocratic, vague and unacceptable. Political leaders of West Pakistan other than those belonging to Bhutto’s party kept almost mum over what Bhutto was demanding and saying. Bhutto stood firmly by his demands, while Sheikh Mujibur Rahman fervently requested the President to convene session of the National Assembly. It may be noted that there was a

Military rulers calculated that Sheikh Mujibur Rahman would declare independence on March 7, and accordingly, they kept necessary preparation ready to strike Sheikh Mujibur Rahman and his audience at the race course. Sheikh Mujibur Rahman sized up the danger and decided not to make imprudent declaration of independence in the public meeting. So, he worded his speech in a manner so as to avoid the instant danger. In the speech, he prudently demanded withdrawal of martial law, immediate transfer of

power, judicial enquiry into the killings of Bengalees by the army, return of the armed forces to the barracks. He, however, urged upon the people of East Pakistan to get prepared for sangram (struggle) and not to wait for any order from him in case he would not be in a position to give further order. “I am prepared to give my blood but shall not betray my people”, said Sheikh Mujibur Rahman and proclaimed thunderously “ the sangram this time is a sangram for liberation, the sangram this time is a sangram for independence”.

The speech of March 7 was a masterpiece of Sheikh Mujibur Rahman’s courage and political prudence and sagacity as an ultimatum to the military rulers. It inspired Sheikh Mujibur Rahman’s immediate listeners and the rest of the people of East Pakistan but alarmed all in West Pakistan and the military rulers. The speech created the needed implicit force of determination and for popular fighting for independence. The unarmed people were already roused to fury against, and hatred for, West Pakistan and the military rulers, and the speech inspired people to fight for independence of Bangladesh.

It would appear that the speech of Sheikh Mujibur Rahman outlined all that was to be done to make the non-cooperation stand successful and highlighted the atrocities perpetrated on the people of East Pakistan by the army. He, however, suggested peaceful settlement of the demands of East Pakistan and finally warned the rulers of relentless struggle for independence without any further order if no heed was paid to the grievances and demands. There was a speculation that something was going to happen. West Pakistan leaders like Wali Khan and Asghar Khan tried vainly for a compromise.

On March 10, German and Japanese citizens started to depart from Dhaka. The United Nations Secretary General, U Thant, advised his Resident Representative to remove U. N. officials if necessary. Sheikh Mujibur Rahman did not hesitate to comment “Removal of U. N. O. officials is not enough in the context of the killing and the violation of Human Rights”. Yahya Khan flew to Dhaka on March 15 with a proposal for dialogue with Sheikh Mujibur Rahman, while Bhutto went on making provocative speeches in

West Pakistan. Bhutto declared that majority party rule would not apply in Pakistan and repeated that there should be two Prime Ministers in Pakistan. For the dialogue, Yahya Khan brought with him retired Chief Justice of the Supreme Court (Justice Cornelius), the Deputy Chairman of the Planning Commission (M.M  Ahmed)  and some Generals and Intelligence officers. Sheikh Mujibur Rahman joined the dialogue in deep consideration of the fact that in the West he was looked upon as a democrat and as such he should not disappoint the Western leaders by rejecting the dialogue, and so he included in his team some stalwarts of Awami League.

On March 16, Sheikh Mujibur Rahman met Yahya Khan with a black flag in his car and proposed a judicial enquiry to find out why army (called in civil duty) killed the people. Army continued its atrocities and on March 19 killed a lot of people at Joydebpur where people under leadership of Major K. M. Shafiullah vehemently resisted army movement. The

dialogue continued. Its proceedings were strictly guarded secrets. Press releases simply mentioned “progress”. On March 21, newspapers had it that the dialogue was progressing satisfactorily and that General Yahya Khan asked Awami league and Pakistan People’s Party of Bhutto to draft a constitution jointly on the basis of the points agreed upon, for discussion on the floor of the National Assembly.

The people of East Pakistan naturally believed that the settlement of the political, economic and constitutional issues was being made in a peaceful atmosphere. Information soon trickled down that Bhutto raised objection to the withdrawal of martial law before final and conclusive settlement of the issues and argued that withdrawal of martial law would create insurmountable legal vacuum. Justice Cornelius, Dr. Kamal Hussain and some legal stalwarts including advocate Brohi of Sind, however, did not see any insurmountable vacuum, because an Order of the President could obviously cover the interim constitutional vacuum.

It was supposedly a wrong belief that the military rulers would spare East Pakistan for all that was done under Sheikh Mujibur Rahman’s leadership since the declaration of non-cooperation. It was clear that Bhutto conspired with the military junta to undo the election victory of Awami league. From the attitude of General Yahya Khan towards the Assembly session one could easily predict that. The possibility of parliamentary government under Awami League as an absolute majority party was intolerable to the army in which East Pakistan had insignificant representation. The so-called dialogue was devised by military and intelligence strategists not only to reinforce Pakistan’s military strength in East Pakistan for a massive assault but also to keep Awami League engaged in the dialogue, so that it could not find time to organize the people for resistance and offensive operations against the pre-planned military assault. Sheikh Mujibur Rahman did not refuse to have a dialogue, because he was known in the West as a champion of democracy and for peaceful settlement of disputes.

When Awami League was in the dialogue, political agitation had not been relaxed and the students were spectacularly burning in agitation to get rid of the Pakistan rulers, although there was no objective armed preparation in East Pakistan for an armed confrontation. The six-point demands now lost their relevance to the students who by now became much more openly determined to go ahead for one point (independence). March 23 (Pakistan Day) was declared by Awami League as Resistance Day, which by implication marked the end of allegiance to Pakistan. It was on March 23, 1940 that the All-India Muslim League in its session in Lahore (Punjab) resolved a two-nation theory for Indian sub-continent with the objective purpose to create three independent states

under a partition scheme of India. And the creation

of Pakistan was the outcome of this resolution with radical changes in 1946 (two states in place of three), and in 1947 (partition of Bengal and Punjab) accepted by Muslim league without any referendum. And the people of East Pakistan got a territory as Bangladesh, which was not our original demand.

March 25 was a day of speculation as to what was going to happen when the dialogue apparently came to a close without any proclamation of result. It was not known what the Awami League leaders decided about the next course of action, after it was declared that 23rd March (Pakistan Day) would be celebrated in East Pakistan (Bangladesh) as Resistance Day as a result of which Bangladesh Flag prepared by students was hoisted in Dhaka and outside and in foreign missions.

Students held a meeting in the morning of March 23 at Paltan, which commenced with the song – “Amar Sonar Bangla ......” and a flag of Bangladesh. A procession from the meeting marched to the residence of Sheikh Mujibur Rahman and the flag was presented

to him in a ceremonial style. The hoisting of Bangladesh flag on the Pakistan Day was an end of allegiance to Pakistan. On March 24, Yahya visited Dhaka cantonment and the Generals visited garrisons outside Dhaka. Yahya left Dhaka at 7 p.m. on March 25.  

(Extracts from SHEIKH MUJIB: LIBERATION WAR: BANGLADESH by Abdul Khaleque.)  

On the night following March 25, 1971, the Pakistani army had begun a relentless crackdown on Bangalees, all across what was then East Pakistan and is today an independent Bangladesh. Untold thousands of people were shot, bombed, or burned to death in Dhaka alone. Archer Blood, the United States’ Consul General in Dacca had spent that grim night on the roof of his official residence, watching as tracer bullets lit up the sky, listening to clattering machine guns and thumping tank guns. There were fires across the ramshackle city. He knew the people in the deathly darkness below. He liked them. Many of the civilians facing the bullets were professional colleagues; some were his friends.

It was, Blood and his staffers thought, their job to relay as much of this as they possibly could back to Washington. Witnessing one of the worst atrocities of the Cold War, Blood’s Consulate documented in horrific detail the slaughter of Bangalees civilians: an area the size of two dozen city blocks that had been razed by gunfire; two newspaper office buildings in ruins; thatch-roofed villages in flames; specific targeting of the Bengalis’ Hindu minority.

The U.S. Consulate gave detailed accounts of the killings at Dhaka University, ordinarily a leafy, handsome enclave. At the wrecked campus, professors had been hauled from their homes to be gunned down. The provost of the Hindu dormitory, a respected scholar of English, was dragged out of his residence and shot in the neck. Blood listed six other faculty members “reliably reported killed by troops,” with

several more possibly dead. One American who had visited the campus said that students had been “mowed down”  in  their  rooms  or  as  they  fled,  with  a residence hall in flames and youths being machine- gunned.

“At least two mass graves on campus,” Blood cabled. “Stench terrible.” There were 148 corpses in one of these mass graves, according to the workmen forced to dig them. An official in the Dhaka Consulate estimated that at least five hundred students had been killed in the first two days of the crackdown, almost none of them fighting back. Blood reckoned that the rumored toll of a thousand dead at the University was “exaggerated, although nothing these days is inconceivable.” After the massacre, he reported that an American eyewitness had seen an empty army truck arriving to get rid of a “tightly packed pile of approximately twenty five corpses,” the last of many such batches of human remains.

Blood detailed how Pakistan was using U.S. weapons-tanks, jet fighters, gigantic troop transport airplanes, jeeps, guns, ammunition-to crush the Bangalees. In one of the awkward alignments of the Cold War, President Richard Nixon had lined up the democratic United States with this authoritarian government, while the despots in the Soviet Union found themselves standing behind democratic India.

The onslaught would continue for months. The Dhaka Consulate stubbornly kept up its reporting. But, Blood later recalled, his cables were met with “a deafening silence.” He was not allowed to protest to the Pakistani authorities. He ratcheted up his dispatches, sending in a blistering cable tagged “Selective Genocide,” urging his bosses to speak out against the atrocities being committed by the Pakistani military.

But Pakistan’s slaughter of its Bangalees in 1971 was starkly different. Here the United States was allied with the killers. The White House was actively and knowingly supporting a murderous regime at many of the most crucial moments. There was no question about whether the United States should intervene; it was already intervening on behalf of a military dictatorship decimating its own people.

Indians were overwhelmingly outraged by the atrocities in East Pakistan. In a factionalized country where popular harmony is a surpassingly rare thing, there was a remarkable consensus: Pakistan was behaving horrifically; the Bangalees were in the right; India had to act in defense of democracy and innocent lives. Almost the entire Indian political spectrum, form Hindu nationalists on the right to socialists and communists on the left, lined up behind the Bangalees.

Bangladeshis still mourn their losses from not so long ago. This book (The Blood Telegram) is not – and does not purport to be – anything like a comprehensive account of these crimes against humanity. It mostly documents the American eyewitness perspective on them, which is obviously only a part of the complete record of horrors. Still, this is an important portion, because it is the true local viewpoint of the Pakistani Government’s superpower ally. After all, Archer Blood and the other U.S. officials reporting back to the Nixon administration knew they had every career incentive to downplay the enormity of what they saw; their stark reporting thus stands as a crucial and credible part of that wider story. 

Yahya Khan had a green light for his killing campaign. At the White House, Richard Nixon and Henry Kissinger knew that a fierce assault was starting, but made no move to stop or slow it. He recounted the killing of politicians, professors, and students. The streets were flooded with Hindus and others trying desperately to get out of Dhaka. This assault, he wrote, could not be justified by military necessity: “There is no r[e]p[ea]t no resistance being offered in Dacca to military.” 

Blood’s team also saw the Pakistan Air Force using F-86 Sabres, U.S. jet fighters famed for their performance in the Korean War. Blood reported daily sorties flown by an F-86 squadron at Dhaka’s heavily fortified airfield, in flights of two or four. Two F- 86s were seen taking off from Dhaka to crush Bangalee resistance in a nearby town.

Yahya’s slaughter drove Bangalees to take up arms. The nucleus of the resistance was trained Bangalees serving in Pakistan’s military, in units called the East Pakistan Rifles and the East Bengal Regiment, as well as police officers. Unable to stomach the crackdown, many of these Bangalees rebelled. They became early targets for Yahya’s assault. As Archer Blood remembered, the Pakistani army “deliberately set out first to destroy any Bengali units in Dacca which might have a military capability,” particularly the Bangalee troops in the East Pakistan Rifles. “And so they just attacked their barracks and killed all of them that they could.” Scott Butcher, the junior political officer in  the  U.S.  Consulate  in  Dhaka,  says  that  the Pakistan army swiftly turned on the Bangalees in their ranks: “a lot of the gunfire we heard were executions of some of those personnel.”

As one of Yahya Khan’s ministers later wrote, “The Pakistan Army’s brutal actions . . . can never be condoned or justified in any way. The Army’s murderous campaign in which many thousands of innocent people including women, the old and sick, and even children, were brutally murdered while millions fled from their homes to take shelter either in remote places or in India, constituted a measureless tragedy,”. Days after the shooting stopped, Bhutto set up a judicial commission to investigate the battlefield defeat in East Pakistan led by Pakistan’s chief justice Hamoodur Rahman as well as two other eminent judges. It produced a scathing official record condemning the military for corruption, turpitude, and brutality, and demanding courts-martial for Yahya, Niazi, and other disgraced military leaders. While the report concentrates on military defeats, it includes frank testimony on the atrocities from senior army officers and civilian officials. This judicial commission convinced that “there can be no doubt that a very large number of unprovoked and vindictive atrocities did in fact take place,” urged Pakistan’s government to set up a “high-powered court or commission of inquiry” to “hold trials of those who indulged in these atrocities, brought a bad name to the Pakistan Army and alienated the sympathies of the local population by their acts of wanton cruelty and immorality against our own people.”

But nothing happened. The report was so harsh on the military that it was suppressed, and only came to light in an Indian magazine in 2000 and in Karachi’s intrepid Dawn newspaper in 2001. While Bhutto was keen to discredit the likes of Yahya Khan and Niazi, he – far from facing up to the horrors – refused to

accept losing Bangladesh and insisted on the necessity of the crackdown. “I would have done it with more intelligence, more scientifically, less brutally,” Bhutto told an interviewer, heaping all blame on “Yahya Khan and his gang of illiterate psychopaths.” Bhutto put the notorious General Tikka Khan in charge of the army, insisting that during the massacres “he was a soldier doing a soldier’s job.”  

As for the women who were raped and killed, he flatly said, “I don’t believe it.” While saying that “such brutality” against the people was unnecessary, Bhutto defended the use of force at home: “You can’t

build without destroying. To build a country, Stalin was obliged to use force and kill. Mao Tse-tung was obliged to use force and kill.”

(The Blood Telegram by Gray J. Bass - extractions)

On March 25, 1971, the army occupation of East Pakistan turned into a genocide. On the late afternoon of 25 March, the political confusion ended abruptly when the last President of united Pakistan, Yahya khan, suddenly flew home to West Pakistan. Just prior to mid-night when the city was about to seek refuge from all the hustle and bustle of daily chores, the attack came. The Pakistani army indiscriminately attacked the Bangalees.

Army tanks went in different directions to demolish different targets. One contingent rolled through the main street from airport to the city and attacked a newspaper office in front of the Radio Pakistan Dhaka office, and the same contingent took over the control of the radio station. Another went towards Dhaka University and attacked students’ dorms. This attack was actually video tapped by a professor of Dhaka Engineering University, and the tape was smuggled out of the country as a first hand report of the massacre to the outside world. The area where the attack took place in the student dorms, there were also selective break-ins at the faculty residences and a couple of professors were killed on that fearful night.

U.S M-24 tanks led the Punjabi-Baluchi assault upon student dormitories on the campus of the University of Dhaka. Iqbal and Jaganath halls were filled with sleeping students and faculty when the tanks opened fire and continued shooting at least five minutes. Soldiers crouched behind the tanks then charged into the shell-battered dorms with fixed bayonets and killed all persons still alive: students, professors, caretakers, and servants.

The highly equipped Pakistani army attack Dhaka city’s largest police station (Police Line/Barrack at Rajarbag. The local police responded with their three-not three rifles. They were in their beds when the attack took place. Thus, they were in their traditional night suit-a loongy and a ganji. They scattered all over the neighborhood to escape the attack, then started organizing a resistance. It was beyond their imagination that the Pakistani army would attack law enforcement officers of the same country when there was no declaration of war and there were no charges against the local police about major violations of the law of the land. The attack was swift and brutal. There were no accounts of the deaths as the army wiped out evidence and cleaned the city after seizing control. Before the so-called control of Dhaka city it was “a night of infamy” ... one could watch with horror the constant flash of tracer bullets across the dark sky and listened to the more ominous clatter of machine gun fire and the heavy clump of tank guns...(Blood, 2002: 195). “that night, the holocaust began” (Loshak, 1971:79).

The administration took maximum measures to keep the operation completely away from any foreign journalists. However, two journalists, Michel Laurent, a French photographer working for the Associated Press news agency, and Simon Dring, of the Daily Telegraph  of London, resourcefully evaded the administration’s control. In his report, Dring gave

the first eyewitness account of the terror campaign, which Pakistan’s leaders had designed to “save” the “integrity” of their nation. “The first targets as the tanks rolled into Dacca”, Dring reported, “were the students. Caught completely by surprise, some 200 students were killed in Iqbal Hall,...as shells slammed into the building and their rooms were sprayed with machine gun fire” (Loshak, 1971:80). As the Pakistani army violated the trust of the local police forces consequently many Bangalee lawenforcement agents left the force and joined the freedom fight. After the crack down the political protests turned into a resistance movement with the goal of creating a nation state-Bangladesh.

These selective attacks were also followed by many more random attacks. The rampage the West Pakistani army unlashed against the Bangalees of Dhaka City was not an isolated incidence. The West Pakistani army actually initiated a calculated and well coordinated attack on Bangalees across the

country. The attack of 25th March was a planned attack. The tragic events of 1971 need not be re- catalogued. Genocide, torture, murder, rape all were characteristic of West Pakistan’s military regime’s fumbling an unsuccessful attempt to maintain its repressive rule over its de facto eastern colony (Fickell, 1973:130).

Obviously, it was a fact that West Pakistani armies committed genocide in East Pakistan. People may try to ignore the veracity of the attack and downplay the atrocities committed by the Pakistani army and some of their stooges like the members of Al-Badar and Al Shams, “two separate wings” of Razakars organization. “Well-educated and properly motivated students from the schools and madrasas were put in Al-Badar Wing, where they were trained to undertake ‘Specialized Operations’ while the reminder were grouped together under Al-Shams, which was responsible for the protection of bridges, vital points, and other areas,” - - Niazi wrote (1998: 78). However, Niazi did not elaborate on “Specialized Operations, ” but those who lived through the period were very much aware of the meaning of “Specialized Operations” – killing innocent Bangalees.

The West Pakistani attack in March was an attack on a specific ethnic group to suppress their hopes and aspirations, destroy their identity and eliminate their existence; thus it was genocide. Genocide is the deliberate act, typically of a state, to destroy a specific group, typically defined in ethnic terms (Dictionary of Sociology, 2000). The word is derived from the genos (people or race) and the Latin caedere (to kill). The target of Pakistani armies was the Bangalees and not any other ethnic group.

When thousands of innocent people were being massacred and their houses were burnt, and women were being raped, the two most powerful nations in the world- America and China- were engaged in diplomatic networking, and the facilitator was the instrumental of the genocide. History repeatedly confirms that political dynamics behave strangely and are mostly devoid of humanity or justice.

The calculated genocide on the part of West Pakistani army and administration created a backlash for the rulers. A resistance force was born which was known as Mukti Bahini with the total support of the people of the country except a handful of disgruntled political activists who did not believe in the power of people and supported genocide for their personal gains. The West Pakistani Army did not get the picture of the situation. “Despite their long and careful preparations, the generals’ plans misfired... The plan recoiled. For the military elite never had

any conception of the strength of Bengali feeling, nor the faintest idea of the determined spirit that would inspire the Bangla Desh resistance movement” (Loshak, 1971:88). The spirited Bangalee rose like a Royal Bengal Tiger and gave birth of another movement Shadinater Songram –Movement for Freedom- and the fighters were known as “Mukti Bahani” or “Mukti Fauz”. (From Protest to Freedom : The Birth of Bangladesh by Mokerrom Hossain by Mokerrom Hossain)

For Genocide hard evidence of both local and foreign provenance abound to the effect that the primary responsibility is to be fixed on the Pakistani military that authored the “Operation Searchlight” and unleashed the genocide. To be added to this category of complicity is the role of the local collaborators called razakars. Robert Payne gives a chilling account of the Pakistani genocide in his widely read book Massacre : “For month after month in all the regions of East Pakistan the massacres went on. They were not the small casual killings of young officers who wanted to demonstrate their efficiency, but organised massacres conducted by sophisticated staff officers, who knew exactly what they were doing. Muslim soldiers sent out to kill Muslim peasants, went about their work mechanically and efficiently until killing defenseless people became a habit like smoking cigarettes or drinking wine...

Such a narrative, among the many blood-curdling and heart-rending ones, clearly demonstrates that the mass killing in Bangladesh was among the most carefully and centrally planned of modern genocide’s. Records suggest that a group of five generals planned and orchestrated the genocide : Yahya Khan, Tikka Khan, Chief of staff Pirzada, security chief Umar Khan, and intelligence chief Akbar Khan. None of the generals or the lower ranking officers involved on the ground has ever been brought to trial.

In a secondary sense, Zulfiqar Ali Bhutto is to be accused of complicity in the genocide. But the Jamaat-i-Islami in both the wings, was the main back- up political force that had its distorted and obscurantist Islamic ideology at the services of the genocidal military junta.

But as far as trial of the perpetrators of genocide in Bangladesh is concerned our immediate focus is on those who are called razakars, who in 1971, belonged either to Jamat-i-Islami in the then East Pakistan and its student wing Islami Chatra Sangha. Moreover, there were other collaborators who did not belong to these organisations, had their own political platforms, but shared the ideology of razakars in opposing Bangladesh and actively participating in the genocide. To this category belonged such rightist political parties as the Muslims League, (Council/Convention) and the Nejam-i- Islam. Of the many political personalities quarters who aided and allotted genocide special wanton should be made of late Fazlul Quader Chowdhury and his son Salahuddin Quader Chowdhury.

(Genocide in Bangladesh, 1971 : Fixing Responsibility By Dr. Syed Anwar Husain, published in ‘Bangladesh Genocide 1971 And The Quest For Justice’)

International Media highlighted the massacre The Times London

The slaughter in East Pakistan.

“The more than news from East Pakistan accumulates, the more horrowing it becomes. Senseless murder hysterical cruelty and what must be a creeping fear run like a current

throughout this packed mass of human beings. “ 16.04.1971

New Statesman

“The Blood of Bangladesh, If blood is the price of a people’s right to independence Bangladesh has overpaid. “

05.04.1971

The Time Magazine

Pakistan Toppling over the Brink.

“In Dacca, army tanks and truckloads of troops

with fixed bayonets came clattering out of their

suburban base shouting “victory of Allah” and “

victory to Pakistan” --- Dan Coggin reported:

Before long, howitzer tank, artillery and rocket

blasts rocket half a dozen scattered sections of

Dacca. Tracers arched over the darkened city.” 07.04.1971

The New York Times

Bloodbath in Bengal.

“---- On any basis, the United States would have

a humanitarian duty to speak against bloodbath in Bengal.”

12.04.1971

Time

“---Reports coming out of the East via diplomats, frightened refugees and clandestine broadcasts varied wildly. Estimates of the total dead ran as high as 300000.”

14.04.1971

The New York Times

“----- The Pakistan military are using jet fighter bombers, heavy artillery and gun boats mostly supplied  by the United States, the Soviet Union and Communist China.”

17.04.1971

The Evening Star

Death in East Pakistan

“----- A New York Times correspondent, who

crossed from India into East Pakistan, reported that government troops, acting on orders from Karachi, have killed engineers, doctors, professors and students in an attempt to eradicate the future Bengali leadership.”

03.05.1971

Time

“Dacca, City of the Dead.

----- a Westerner heard soldiers cry, “ Kill the bastards !”

15.06.1971

The Washington Daily News

Slaughter in East Pakistan

“Eyewitness reports, one more ghasty than

another, continue to filter out of East

Pakistan, telling of the massacre of the Bengali people by Pakistani Army------- evidence mounts that it is cold bloodedly murdering minority Hindus, Bengali separatists,  intellectuals, doctors, professors, students, in short those who could lead a self governing East Pakistan.“

28.06.1971

News Week.

The terrible blood bath of Tikka Khan

“----- Anthoney Mascaranhas, a Karachi newsman who also writes for the London Sunday Times was so horrified by the events he witnessed that he and his family fled to London to publish the story. He wrote , “ I’ve seen people literally strick dumb by the horror of seeing their children murdered in front of them or their daughters dragged off into sexual slavery. I have no doubt at all that there have been a hundred “Mylaies and Liddices” in East Pakistan and I think, there will be more.”

02.08.1971

Times Magazine

The Ravaging of Golden Bengal.

“----- Kushtia a city of 40,00 now looks, as a

world Bank team, reported, “like the morning after a nuclear attack”

13.06.1971

The Sunday Times Gencocide

By Anthony Mascarenhas

“For six days as I travelled with officers of the 9th Division head quarters at Comilla, I

witnessed at close quarters the extent of the killing, I saw Hindus, hunted from village to village and door to door shot off hand after a cursory “short arm inspection” showed they were uncircumcised. I have heard the screams of men bludgeoned to death in the compound of Circuit House ( Civil administration head quarters) in Comilla. I have witnessed the brutality of “kill and burn missions” as the army units, after clearing out the rebels, pursued the pogrom in the towns and the village”   

10.07.1971

The Sunday Times

A Regime of Thugs and Bigots

An account by Murray Sayle.

“---- From Satkhira I proceeded to Khulna, administrative capital of the district. -------- -A quarter of the population of the whole district, which was more than three million at the last census, is missing , dead or gone to

India. “

14.05.1971

Friday,

 House of Commons

Estimates of the numbers who have died.

-  “The official estimate of the West Pakistan Government is that only 15,000 have died, but the lowest independent estimates start at 100,000 and many estimates are over a million have died already.

31.03.1971

Statement by Mr. Russel Johnston,  Member, House of Commons, U.K. on March 31, 1971. According to eye witness reports, have been savage and indiscriminate and have resulted in the widespread slaughter

 of civilians. “

24.04.1971

Avb›` evRvi

Òc~e©es‡M MYnZ¨v m¤ú‡K© e„wUk cvj©v‡g‡›Ui cªkwgK `jxq m`m¨ wgt eª“m WMjvm g¨vb Gi e³e¨|

Òwf‡qZbv‡g ÒgvBjvBÓ GKwU e¨wZµg, Avi †MvUv c~e©e½B gvBjvB-

evqvd«vi m‡½ Zzjbv nq bv|

evsjv‡`‡ki Ae¯nv‡K A‡b‡K evqvcªvi m‡½ Zzjbv K‡i‡Qb wKš‘ kªx g¨v‡bi g‡Z, evqvd«vi m‡½ GLvbKvi cwiw¯’wZi ZzjbvB nq bv| evqvd«v‡Z c~e©evsjvi gZ GK wbe©vPb nq wb|Ó

April, 1971

Jhon  Stonehouse’s interview with B.B.C. “What happened in East Bengal “makes Vietnam look like a tea- party .”

05.07.1971

    The Statesman

ÒBritish M.P. Arther Bottomley said this had been the most horrowing mission he had

undertaken in his entire public life.

 Oxfam Report 

The testimony of 60 on the crisis in Bengal. They are eye witnesses, and the story they tell is horrifying. It is a story of millions hounded, homeless and dying. It is too a story of the world community engaged in a communal ostrich act. Ó

Senator Edward Kenedy

ÒThe tragedy of East Bengal is not only a tragedy for Pakistan. It is not only a tragedy for

India. It is a tragedy for the entire world community, and it is the responsibility of that community to act together to ease the crises. Ó

Nicolas Tomalian

ÒThe Paksitan crises is the worst disaster that

has faced the world for the past 30 years.

The villains, those Pakistani generals who ordered a military attack on their own countrymen last March 25th , are more obviously in the wrong than any military aggressors since the Hitler war. Ó

John Pilger, Daily Mirror

“The life, or death, of Bangladesh is the single most important issue the world has had to face since the decision to use nuclear weapons as a means  of political blackmail . It is that because never before have the world’s poor confronted the world’s rich with such a mighty mirror of Man’s inhumanity.”

Dr. R.C. Hioman, MRCP, Save the Children fund, Bengal.

“Tens of thousands of children have already died in the refugee camps in the India border area.“

 James Cameron, Journalist

“For six months we have stood by in shocked surprise and watched disaster grow into catastrophe and hourly nearer to tragedy and we still stand by and watch.”

P190-   Claude Azonlay, Paris Match

“The whole world stands accused of inaction while seven million people are in danger of death. A graveyard of children.------. In Bengal two million children are dying, killed by hanger, and we remain idle and no sanctions will be imposed on us except may be-of so remote- that of guilt. “

Ernest Hillen, Weekend Magazine (Canada)

“Unprecedented numbers of people are suffering and dying, and the members are growing, there is widespread famine, and there is the very real of war.

The blame for the catastrophe rightly enough belongs to the men who run the West Pakistan Government. The sheme belongs to all of us. Almost from the start, the World community could have stopped it; And it must be stopped now by whatever manner or means. Our children

will inherit enough shame.“

John Drewary, Canadian Broadcasting Corporation.

“I found it impossible to shut away the memories of what I saw, in the refugee camps of west Bengal and along with trials leading out of East Pakistan, in that corner of my mind reserved for other horrors I witnessed during wards I covered in Korea, the Congo, Egypt , Vietnam and Biafra. It is not that the brutization of the people of East Pakistan is worse than what has happened to countless others throughout history. The effect of sword, fire and starvation differ very little in degree on the individual body and spirit.

It is simply that the magnitude of the tragedy is so immense, so overwhelming, it overshadows all other things. The cry for help coming out of in and East Pakistan is echoing all around the world. If we ignore it we are killing our future too.”

  May 12, 1971 Congressional record- Extension of Remarks 

A letter written by an American Family Evacuated from East Pakistan in the House of Representatives.

“We have been witness to what amounts to genocide. The west Pakistan army used tanks, heavy artillery and machine guns on unarmed civilians killed 1,600 police while sleeping in their barracks, demolished the student dormitories at Dacca University and excavated a mass grave for the thousands of students; they systematically eliminated the intelligentsia of the country, wiped out entire villages I could go on and on. Its hard to believe it happened-- ---- That was great human tragedies of modern times.”

Senator Tany Congressional record Senate

July 7, 1971. The war in East Pakistan.

U.S. Arms for Pakistan . A shameful record. “This is, we submit, an astonishing and shameful record, with two meanings.

   The first is that, for the shabbiest of political reasons, the United States is supplying military equipment to a brutal regime that has killed an estimated 200,000 of its citizens and driven me six million others out of their country.”

Congressional record-Senate

July 20, 1971- Tragedy in Pakistan.

“The tragedy in Pakistan worsens each

day.”

University of California.

14 Professors of Univeristy of California.

Loss Angeles, Calif, May 17, 1971.  Wrote a letter to the Editor

Loss Angeles Times.

They said;

“We,  the under  signed scholars of Asian Studies on the faculty of UCLA  write to express our profound sense of anguish and shock at the  news we have read and personally received of the brutal and protracted massacres of Bengali civilians by West Pakistan’s armed forces since March 25,  1971. From every creditable  report we have seen it appears that General Yahya Khan’s Army directed the full strength of its fire power at such bastions of “resistance” to his military dictatorship as the unarmed camp of Dacca University.”

July 20,1971.

Congressional record- Senate

“Tragic incidents in East Pakistan.

Mr. Saxbe, Mr. President, I invite the attention of Senators to further events and accounts relating to the tragic incidents in East Pakistan.

Mr. Saxbe readout an articles published in the Boston Sunday Globe July 11, 1971.

Title was :

East Pakistan a mounting crisis – witness reports on Death, Destruction .

An eye witness account of the devastations left by West Pakistani troops, fanning out along the river leading from Dacca to the Bay of Bengal, is told in the following exparts from a tapeletter recorded in the area in late May, 

William H. Ellies, a Canadian engineer working on coastal embankments near the Bay of Bengal , recorded his comments on an unofficial and highly dangerous survey of the area in which he worked- ---- ---------------------------------------------------- Barisal was completely deserted, only the dogs on the streets although it was still an hour and a half before curfew. I traveled to Jessore-------- a road that I have traveled many times before -------- villages on both sides of the road have been burnt. As was pointed out to me, there is not a family in this whole country that has not been affected that has not lost members that have not been shot or not looted, or had their women raped, or young girls taken away.”

July 23, 1971.

Congressional record- Senate

The situation in East Pakistan.

“Mr. McGovern, Mr. President, the present situation of bloodshed and repression in the East Pakistan should concern us all -----. One need only read the report of the mission of the World Bank to be moved by the sufferings of the Bengalies, For example, in the town of Jessore, where 80,000 lived a few months ago, only 15,000 to 20,000 people remained; 20,000 have

been killed and the rest of the population has fled into the country side. Thousands of East Pakistani are being slaughtered daily in a Gestapo like orgy of killing.”

Some other news headings of the most influential and

widely circulated newspapers and magazines in the world regarding genocide committed in Bangladesh are mentioned here.

Genocide (the Sunday Times, London 13.06.1971), A regime of Thugs and Bigots (The Sunday Times, London-11.07.1971), In Dacca, Troops use artillery to held revolt (The New York times, 28.03.1971), Plunge into chaos (The Synday Morning Herald-29.03.1971), Pakistan Tragedy (the AGE,- Canberra-29.03.1971), A Massacre in Pakistan (The Guardian, London 31.03.1971), In the name of Pakistan (The New York Times-31.03.1971), Weep for Bengal(The New Stateman, London-02.04.1971), The Slaughter in East Pakistan (The Times, London-03.04.1971), The Holocaust in East Pakistan must be ended (The New Nation-Singapore- 06.04.1971), Mass murder in Bengali (Expression, Stock home 12.04.1971), Blood of Bangladesh (The New Stateman, London-16.04.1971), Death in East Pakistan (The Baltimore Sun-04.05.1971), Genocide in East Pakistan, (The Saturday review, USA-22.05.1971), East Bengal tragedy, (The Guardian, London-27.05.1971), Tragedy in Bengalis, (Commentary Broadcast in the afro Asian Service of Radio Prague Zechoslovakia- 14.06.1971). Another Genghis, (The Hongkong Standard- 25.06.1971), Guilt and disaster over Pakistan (The Manila Chronicle-05.07.1971), East Pakistanis cry for help, (The Palaver Weekly-Ghana-08.07.1971); Normalse with bayonets (Vecernje Novosti-Yogoslvia- 08.07.1971), Pakistan condemned (The New York Times- 14.07.1971). The Bengal the murder of people , ( The News Week – 02.08.1971); Cruel steps against population of East Pakistan (USSR Press, trued- 02.04.1971), Premeditated brutality (Le-Monde, Paris- 09.04.1971), Stop this genocide (DJakarta Times- 15.04.1971), Army Terror (The Sun, London- 26.04.1971).

Al-Badar

Islami Chhatra Sangha (ICS) was the student organization of Jamat-e-Islami. Solim Monsur Khaled, a Pakistani researcher, made a research work on Al- Badar Bahini. He took interviews of the members of Al-Badar Bahini who fled away to Pakistan after the War of Liberation as well as their friends in Bangladesh who were members of “Badar Bahini” and their organisers. He wrote a book named “Al-Badar” published by Talaba Publishers Lahore, Pakistan. It

has been narrated in the said book that on 10th March, 1971 a meeting of ICS was held in Dhaka where members of Mazlish-e-Sura and District Nazems of ICS were present.  In four days meeting, the participants  discussed about the   prevalent situation of the country and led the following three proposals for the members of ICS.

1| cwiw¯nwZ wb‡Ri MwZ‡Z Pj‡Z w`‡q wew”QbœZvev`x‡`i m½x n‡q hvIqv|

2| cwiw¯nwZ wb‡Ri MwZ‡Z Pj‡Z †`qv Ges wbi‡c¶ f~wgKv cvjb Kiv|

3| cwiw¯nwZi †gvo Nywi‡q †`qv|

Out of those three proposals, the ICS decided

to follow the 3rd proposal, that is, ”cwiw¯nwZi †gvo Nywi‡q †`qv” ignoring the mandate of people given in the election held in 1970 in which Awami League got absolute majority in the National Assembly, ICS took aforesaid cruel/inhuman decision against the will of the people. In that meeting it was resolved, Ò------my‡hvM G‡m‡Q hv‡Z GLv‡b Avj−vni Øxb‡K Zvi Avmj AvKw …Z‡Z Kv‡qg Kiv Avi `ywbqvi

mvg‡b Gi mZ¨Zvi ev¯ e— mv¶¨ †ck Kiv| Avgv‡`i Rb¨ GwU me‡P‡q eo †bqvgZ| Avgiv PvB  †h cvwK¯ v— ‡bi cªwZwU gymjgv‡bi g‡a¨ GB †bqvg‡Zi gh©v`v `v‡bi RbK m„wó Kie| Zv‡`i ü`‡q Aš ‡— i GB wPš v— wU ewm‡q †`e †h, GB †bqvg‡Zi †ndvh‡Zi Rb¨ †h †Kvb Kzievbx ¯^xKvi Kiv KwVb bq| ----- Avi RbK wb‡q kvnv`Z bmxe n‡j Zv n‡e eû DbœZgv‡bi kvnv`vZ| ---- Avgv‡`i      cvwK¯ v— ‡bi GB Ask‡K †ndvRZ Ki‡Z n‡e| wVK Ggbfv‡e †hfv‡e gmwR` †ndvRZ Kiv nq| ---- Bmjvgx QvÎ msN cvwK¯ v— ‡bi A¶zbZ œ I RbM‡bi Rvbgvj I B¾Z †ndvR‡Zi Rb¨ mvg‡b AMªmi n‡e| ------- Avgiv Gw`‡K Bmjvgx kw³ wb‡q `ykg‡bi mv‡_ gq`v‡b msNv‡Z AeZx©b ne Ab¨w`‡K ¶gZvi KvQvKvwQ †cŠ‡Q Zvi ms‡kva‡bi gZ Avgv‡`i gZ K‡i  †Póv Kie|Ó Though Pakistani Army slaughtred and destroyed  united Pakistan and buried their own country on the night following 25th March, 1971 by opening fire and shelling using tanks, heavy machine guns etc.  and thereby massacred thousands of innocent unarmed people when they were sleeping, the members of ICS started collaborating with the Pak army to save Pakistan in the name of Islam and thereby frustrated the mandate of the people. In order to form a separate Rajaker force ICS took decision in a meeting on 15.05.1971. Thereafter, on 16th May, 1971 , Major Riyad Hossain Malik, of

13 Baluch Regiment started giving training to 47 ICS members. On 21.05.1971, they were named as “Al Badar” Bahini. In the said book the author narrated the formation and activities of Al-Badar Bahini in Chittagong as under:

ÒPÆMªvg

GLv‡b 10‡g 1971 †j. K‡Y©j AvRg I Acv‡ikb Pxd dv‡Zgx QvÎ ms‡Ni `vwqZ¡kxj‡`i

mv‡_ civgk© K‡ib| GB ch©v‡q GKwU wgwUs †bfvj †nW‡KvqvU©‡i Avi GKwU †mbv hvÎx QvDwb‡Z n‡qwQj| Bmjvgx QvÎ ms‡Ni PÆMªv‡gi bv‡Rg mnvqZv `v‡bi e¨vcv‡i kZ©v‡ivc K‡ib Ges e‡jb

†h, Avcbviv hw` mwZ¨B Avgv‡`i Kv‡Q mnvqZv Pvb Zvn‡j †Kvb Acv‡ikbB civgk© e¨wZ‡i‡K

n‡e bv| GB K_vwU g~jbxwZ wn‡m‡e P~ovš— K‡i †jLv nq| e¯ Z— t Ryb Gi gvSvgvwS mg‡q PÆMªvg kn‡i myjZvb Lv‡j` web Iqvwj`, Rwni“wÏb gynvg¥` evei I Zv‡iK web wiqv‡`i bv‡g Avj-

e`‡ii KÕwU †Kv¤úvwb MVb Kiv nq| mgMª †Rjvq 37wU cv −Uzb wQj| GLv‡b cvK evwnbxi 24 d«wóqvi †dvm© †iwR‡g›U †gvZv‡qb wQj| ------ AvevwmK GjvKv ¸‡jvi wRg¥v`vi wQj Avj e`i

Gi Dci| ------- PÆMªvg †m±‡i Avj- e`‡ii me‡P‡q ‡ekx KvR wQj wmwfj cªkvmb‡K cªkvmwbK I cªwZi¶vi  Kv‡R mnvqZv Kiv|Ó  The author published the extracts of the interview given by Abdur Rahman ( Chittagong), one of the members of Badar Bahini. He

said : Òc~e© cvwK¯ v— ‡bi `~¯‹„wZKvix‡`i g~‡jv‡”Q` Kivi Rb¨ c Kevwnbx hLb ZrciZv ïi“

Kij , ZLbKvi QvÎ msN Gi Kgx© †jUvi c¨v‡W Qwe jvwM‡q  mwfj I mvgwiK cªkvmb †_‡K mZ¨vwqZ K‡i wbZ| GwUB nZ Zv‡`i AvB,wW, KvW©| ---- Avj e`‡ii wZbwU e¨vP †U«wbs wbj | Avgiv mv`v †Wª‡m KvR KiZvg| ----- PÆMªv‡gi †fZi wZbwU A¯¿ †K›`ª wQj| GKwU ga¨Lv‡b, GKwU  Dˇi, Av‡iKwU wQj `w¶‡b|Ó Lt. Gen. A.A.K. Niazi in his

book, “Betrayal of East Pakistan”, stated about the formation of Badar Bahini with the following words:

 ÒTwo separate wings called Al-Badar and Al-Shams

were organized. Well educated and properly motivated students from the schools and madrasas were put in Al- Badar Wing, where they were trained to undertake

“        Specialized OperationsÓ while the remainder were

grouped together under Al-Shams, which was responsible for the protection of bridges, vital points, and other areas.Ó (underlined by us)

ÒThe campaign confirmed the IJT’s place in national politics, especially in May 1971 , when the IJT ( Islami Jamiete Tulba= Chatro Sangho) joined the army’s  counterinsurgency  campaign  in West Pakistan. With the help of the Army the IJT organized two paramilitary units, called al-Badar and al-Shams,to fight the Bengali guerrillas. Most of al- Badar consisted of IJT members, who also galvanized support for the operation among the Muhajir community settled in East Pakistan, Matiur Rahman Nizami, the IJT’s nazim-I a’la ( supreme head or organizer) at the time, organized al-Badar and al- Shams from Dhaka University,” [Seyyd Vali Reza Nasr, The Vanguard of the Islamic Revolution: The Jama’at Islami of Pakistan] (emphasis supplied)

Hussain Haqqani in his book  ÒPakistan Between Mosque and MilitaryÓ has narrated the formation of Al- Badar Bahini which is as follows: 

ÒArmy decided to raise a Razakaar (volunteer)

force of one hundred thousand from the civilian non Bengalis settled in East Pakistan and the Pro Pakistan Islamic groups. The Jammat-e-Islami and specially its students wing, the Islami Jamiat-e- Talaba (IJT), joined the military’s efforts in May 1971 to launch, two paramilitary counterinsurgency units. The IJT provided a large number of recruits. By September, a force of fifty thousand Razakaars had been raised. Secular West  Pakistani Politicians complained  about “an army of Jamaat-e-Islami nominees”. The two special brigades of Islamis cadres were named Al- Shams ( the sun, in Arabic) and Al- Badar ( the Moon). The names were significant for their symbolic value. Islam’s first battle, under Prophet Muhammad, had been the battle of Badar, and these paramilitary brigades saw themselves as the sun at the crescent of Islamic revival in South Asia.Ó

(underlined by us)

Admittedly, the appellant Mir Quasem Ali was leader of ICS Chittagong town unit in 1971. It is also admitted that he became the Secretary General East Pakistan ICS on 7th November, 1971. Admittedly, he was selected as Secretary General of ICS considering his performance and activities as leader of Chittagong ICS and Al- Badar Bahini.  It is evident that while discharging his duties as Secretary General of East Pakistan ICS he was given charge of Chittagong Division of ICS as well. Such promotion and prize post were given definitely on consideration of his effective activities and

performance as leader of ICS Chittagong town unit. In the case of Ali Ahshan Mohammad Mujahid- Vs. the Chief Prosecutor, 20 BLC (AP)266 and in the unreported case of Motiur  Rahman Nizami, this Division held that the Al-Badar Bahini was formed with the members of ICS. The Pakistani politicians admitted that the members of Badar bahini were ÒJamat-e-Islami nominated armyÓ.

There are overwhelming strong evidence that the above crimes were committed by Pakistani regular and auxiliary forces during the Bangladesh War of Liberation in 1971 (anti-liberation forces call it civil war which, however, in no way diminishes the criminal liability of the perpetrators). In terms of number of people killed (about three million), women raped (two hundred thousand) and persons forced to flee their homes to turn refugees (ten million took shelter in India), the above crimes undoubtedly rank first after Nazi holocaust during the Second World War, followed by genocide committed by Khemr Rouge regime of Pol Pot in mid-seventies in Cambodia, brutal elimination of about one million Hutus by the Tutsis in Rwanda in the late eighties and the ethnic cleansing of the Muslims by the Serbs in Bosnia in the early nineties of the last century. While these latter offenders had been prosecuted, or are being prosecuted, it is preposterous that the crimes committed in Bangladesh during 1971 have remained to date with impunity.

The rationality of holding the trial can be explained from several perspectives:

•        These crimes are so heinous in nature that it shocks the conscience of the human kind. It shakes the foundation of human civilization itself. The perpetrators are regarded as the hostis humani generis i.e. enemy of the human kind under international law. That is why such crimes should not go unpunished.

•        Peaceful co-existence is not possible between the violators and the victims. From the viewpoints of restorative justice even after so many years such trial should be held. 

•        Holding of such trial also deserves significance for the sake of revival of the spirit of liberation war and the ideals for which the people fought in 1971. To get relief of ignominy (we have for not able to punish the committers) such trial is necessary.

•        From a sense of deterrence, that is, to create an example for the future violators (holding of trials of) the suspected criminals should be brought to justice.

•        In order to show respects to the departed souls of 1971, the trial should take place.

(War Crimes and Genocide 1971: Bringing the Perpetrators of Justice by Dr. Mizanur Rahman and S. M. Masum Billah, published in Bangladesh Genocide 1971 And The Quest Fr Justice).

Newsweek in its 28th June, 1971 issue published a news with the heading “The terrible Blood Bath of

Tikka Khan” in which descriptions of brutality were given with following words: “ Other foreigners, too, were dubious about the atrocities at first, but the endless repetition of stories from different sources confined them. “ I am certain that troops have thrown babies into the air and caught them on their bayonets” says Briton, John Hastings, a Methodist missionary who have lived in Bengal for twenty years

“            I am certain that troops have raped girls repeatedly, then  killed them by pushing their bayonets up between their legs”. In the said news item another fact, which goes deep into the heart, was narrated which was “ Another woman, the bones in her upper leg shattered by bullets, cradles an instant in her arms . She had given birth prematurely in a paddy field after she was shot. Yet , holding her newborn child in one hand and pulling herself along with the other she finally reached the border”.  The most brutal armed anti-civilian state machinery in modern times, taking help of Razakars, Al-Badar, Al- shams bahinies committed such genocide.

Pictures of rape committed by brute Pakistani army and their auxiliary forces came out in the light in the interview of Dr. Jefree Davis taken by one Bena De Costa which was translated by Shilabrata

Borman and published in the book “ MYnZ¨v” of Ain –O- Shalish Kendra. Relevant portions of the contents of

the said interview are as follows:

W. †Rwd« †Wwfm

hy×wea¡¯— evsjv‡`‡ki  †¯^”Qv‡mex GKRb Wv³vi    

exYv wW K¯—v

Avwg bvix gyw³‡hv×v, mgvRKgx©, exiv½bv cªgy‡Li mv¶¨rKvi MªnY I Kvwnbx msMªn Kivi GK ch©v‡q bw_c‡Î Wt †Rwd« †Wwfm bv‡g GK wPwKrm‡Ki D‡j−L cvB, whwb 1972 mv‡j hy×wea¡¯— evsjv‡`‡ki KvR K‡i‡Qb| wb‡g¥  Zvi mv¶vrKviwU Zz‡j  †`Iqv n‡jv| GB mv¶vrKv‡ii Askwe‡kl wmWwb‡Z Zvi evwo‡Z  †bqv Ges evwKUv KvQvKvwQ GKwU †i‡¯— vivuq e‡m| GB mv¶vrKv‡i RvwZ MV‡bi Kg©Kv‡Û m¤ú„³  bvix I cyi“‡li Kvwnbx¸‡jv msMªn‡bi cª‡qvRbxqZv ¯cófv‡e dz‡U D‡V‡Q| Avgv‡`i A‡b‡KB GLb m¼xY© ivRbxwZi †eovRv‡j Ave× n‡q Av‡Qb| Avi Gi d‡j BwZnvmwem¥„wZ‡Z Avµvš— n ”Q Avgv‡`i RvZxq eqvb|

cvVK‡`i g‡b ivLv cª‡qvRb, Avgvi cª‡kœi DËi LyuR‡Z wM‡q W. †Wwfm cªvq 32

eQi Av‡MiKvi NUbvewj m¥ib Kivi †Póv KiwQ‡jb| G Kvi‡Y K‡qK ¯nv‡b Zvi Reve

A¯có g‡b n‡Z cv‡i| wmWwb , GbmWe−y , A‡ówjqvi GK  †gwW‡Kj MªvRy‡qU W. †Rwd« †Wwfm 1972 mv‡ji gvP© †_‡K cªvq Qq gvm evsjv‡`‡k KvR K‡i Qb| wZwb B›Uvib¨¨kbvj c−¨vbW  c¨v‡i›UûW , BDGbGdwcG Ges We−y GBPI Gi c„l‡cvlKZvq KvR K‡i‡Qb| m¥„wZPvibvi ïi“‡ZB wZwb Rvbvb, Zvi Kv‡Ri AZ¨vš— ¯úk©KvZi cªK…wZi Kvi‡b †Kvb msMVbB Zv‡K Zv‡`i †jvK wnmv‡e `vex Ki‡Z ivwR wQj bv|

W. †Wwfm m¥„wZPviY Ki‡Z wM‡q e‡jb, cwðg cvwK¯ v—wb ˆmb¨iv Zv‡`i K¨v‡¤ú

ev½vwj †g‡q‡`i ew›` K‡i ivLvi mgq Rb¥v‡bv †hme wkï †eu‡P ‡M‡Q, Zv‡`i‡K wUwK‡q ivLvi †Póv KiwQjvg Avgiv| GQvov Avgv‡`i Ici wb‡`©k wQj, †h mg¯— bvixi å“Y Rb¥Mªn‡Yi Rb¨ ˆZix nq bvB Zv‡`i Mf©cvZ NUv‡bvi †Póv Kiv hv‡Z Zv‡`i‡K †ivMvµvš—

I cywónxb wkïi Rb¥ w`‡Z bv nq| Avi G Kv‡R Avgiv mdj n‡qwQ| GUv wVK †h, wbh©vwZZ †g‡qi msL¨v wQj wecyj| Z‡e Avgiv †mLv‡b †cŠuQv‡bvi Av‡MB A‡bK gwnjv‡K †g‡i

†djv n‡qwQj| A_ev A‡b‡KB Zv‡`i cwiev‡i †diZ cvVv‡bv n‡qwQj| cwiw¯’wZ wQj AvZ¼RbK| Avgiv eySjvg, Avgv‡`i e‡m _vK‡j Pj‡e bv| Kx Kiv hvq †mUv †f‡e †ei

Kivi †Póv KiwQjvg| †mmgq Bsj¨vÛ †_‡KI Av‡iKRb GmwQ‡jb| wKš y — c‡i Avwg Zvi †LvuR nvwi‡q †dwj| cwiw¯’wZUv mwZ¨ exfrm wQj|

cªkœ t Avcwb wK †¯^”Qvcª‡Yvw`Z n‡q †mLv‡b wM‡qwQ‡jb?

‡Rwd«t nu¨v, †¯^”Qvcª‡Yvw`Z n‡qB †MwQ|

cªkœ t GB KvR Kivi B‡”Q Avcbvi †Kb n‡qwQj?

‡Rwd«t  GWfvÝ †cªM‡bwÝ Uvw©g‡bU Kivi †KŠkj Rvbv wQj Avgvi | Avwg g~jZ Bsj¨vÛ

†_‡K †U«wbs  wb‡qwQ| hv †nvK Avwg mvaviš— 30 mßv‡ni wb‡Pi   †cªM‡bwÝ  Uvwg©‡bU KiwQjvg|

 cªkœ t XvKvq †Kv_vq KvR K‡i‡Qb Avcwb?

‡Rwd«t Avwg avbgwÛi  GKwU  wK¬wb‡K KvR K‡iwQ| Ab¨vb¨ kn‡i nvmcvZv‡ji †hme a¡smve‡kl wQj, †m¸‡jv‡ZI Avwg KvR K‡iwQ| Avwg g~jZ hv K‡iwQjvg msL¨v G‡Zv wecyj wQj -- †mme kn‡ii †jvKRb‡K cªwk¶Y w`‡Z ïi“ Kwi| Zviv wKQyUv iß K‡i  †dj‡ZB Avwg c‡ii kn‡ii w`‡K cv evovB|

cªkœ t †iK‡W©i ¯^v‡_© Avcwb `qv K‡i ej‡eb wK, †mLv‡b Avcwb wVK Kx KvR KiwQjvg?

‡Rwd«t Avwg hvIqvi mvgvb¨ Av‡M †mLv‡b GKwU bvix c~Yev©mb msMVb ˆZix Kiv nq| †mwUi `vwq‡Z¡ wQ‡jb wePvicwZ †K,Gg,  †mvenvb| Zviv Mf©eZx© mKj gwnjv‡K GK RvqMvq wbivc‡` ivLvi †Póv KiwQ‡jb Ges hv‡`i †¶‡Î m¤¢e Zv‡`i Mf©cvZ NUv‡bvi e¨e¯nv KiwQ‡jb | Avi hviv mš v— ‡bi Rb¥ w`‡q‡Q Zv‡`i      mš v— b‡`i msMªn K‡i Avgiv B›Uvib¨vkbvj †mvk¨vj mvwf©‡mi (AvBGmGm) nv‡Z Zz‡j w`w”Qjvg ----- | 

cªkœ t ‡mmgq Avcbvi m‡½ Avi Kviv KvR K‡iwQj g‡b Ki‡Z cv‡ib wK?

‡Rwd«t hy‡×vËi cybevm©b †K‡›`ªi cªavb wQ‡jb wePvicwZ †mvenvb| Avi gyj mwµq e¨w³wU wQ‡jb fb mPzK--- wZwb wQ‡jb myBwWk| Zvi bv‡gi cª_g AskwU g‡b Ki‡Z cviwQ bv| Avgvi g‡b nq, Zvi ¯¿xi bvg wQj †gwi| Zviv A_© w`‡q mvnvh¨ K‡iwQ‡jb | ev½vjx Kg©KZ©v‡`i bvg Avwg g‡b Ki‡Z cviwQ bv ----| ZvQvov †KD †Zv GB BwZnvm Rvb‡Z KLbI AvMªn cªKvk K‡iwb--- |

cªkœ t G K_v †Kb g‡b n‡q‡Q Avcbvi ?

‡Rwd«t Gi KviY Gi m‡½ Mf©cvZ Ges mš v— b `ËK †bqvi welq RwoZ wQj| Av‡iKUv e¨vcvi n‡jv, cwðg cvwK¯ v— b GKwUv KgbI‡qj_fz³ †`k| Avi Gi Kg©KZ©v‡`i mK‡jB weª‡U‡b cªwk¶Ycªvß| GUv e„wUk miKv‡ii Kv‡Q wQj AZ¨vš— weeªZKi GKUv e¨vcvi| cwðg cvwK¯ v— wb Kg©KZ©viv eyS‡Z cviwQj bv G wb‡q G‡Zv ˆn‰P Kiv n‡”Q †Kb| Avwg Zv‡`i A‡b‡Ki m‡½ K_v e‡jwQ| Zviv Kzwgj−vi  GKwU KvivMv‡i e ›` wQj| Lye Ki“Y Ae¯nvq wQj Zviv (nvwm--- ‡hwU Zv‡`i cªvc¨ wQj)| Avi Zviv e‡jwQj, Giv Kx Ki‡Z Pv‡”Q ? Avgv‡`i Kx Kiv DwPr wQj e‡j Giv g‡b K‡i? GUv †Zv hy× †i fvB|

cªkœ t Zviv bvix al©‡Yi e¨vcviUv Kxfv‡e Rv‡qR Kivi  †Póv K‡i‡Q?

‡Rwd«t I‡i evcm ! Zv‡`i Ici wU°v Lv‡bi GK cªKvi Av‡`k ev wb‡`©kB wQj †h, GKRb mv”Pv gymjgvb Zvi evev Qvov meviB  m‡½B jovB Ki‡e| Kv‡RB Zv‡`i hv Ki‡Z n‡e Zv n‡jv h‡ZvUv cviv hvq| †ewkmsL¨vK ev½vjx bvix‡K Mf©eZx Kiv| GUvB wQj Zv‡`i Kv‡Ri ‡cQ‡bi ZI¦| 

cªkœ t †g‡q‡`i Mf©eZx Ki‡Z n‡e †Kb? Gi KviYUv wK Avcbv‡K Zviv e‡j‡Q?

‡Rwd«t nu¨v, e‡j‡Q, (Zviv e‡j‡Q) | Gi d‡j c~e© cvwK¯v— ‡b Ggb GKUv †MvUv cªRb¥ m„wó n‡e, hv‡`i kix‡i eB‡e cwðg cvwK¯ v— wb‡`i i³ Zviv GK_vUvB e‡j‡Q|

cªkœ t cvwK¯ v— wb‡`i AmsL¨ bw_c‡Î GLbI ejv nq, al©‡Yi NUbvi msL¨v AZ¨vš— evwo‡q ejv n‡”Q Avcwb wK Zv‡`i G `vwe mZ¨ g‡b K‡ib?

‡Rwd«t bv, bv, --- Zviv al©Y K‡i‡Q| m¤¢eZ Zviv cªK…ZB h K‡i‡Q , Zvi Zzjbvq A‡bK¸Y KgmsL¨v `vwe Kiv nq| Zviv  †h c×wZ‡Z kni `Lj Ki‡Zv Zvi weeiY  Lye †KŠZzn‡jvÏxcK| Zviv Zv‡`i c`vwZK evwnbx‡K †cQ‡b †i‡L †Mvj›`vR evwnbx‡K mvg‡b wb‡q Avm‡Zv | Zvici nvmcvZvj, ¯‹zj-K‡jR †Mvjv Q~u‡o ¸uwW‡q w`‡Zv| Gi d‡j kn‡i

†b‡g Avm‡Zv Pig wek„sLjv | Avi Zvici c`vwZK evwnbx kn‡i Xz‡K c‡o †g‡q‡`i †e‡Q

†e‡Q Avjv`v Ki‡Zv| wkïiv Qvov †hŠbfv‡e g¨vwPIiW mKj †g‡q‡K Zviv GK‡Î R‡ov

Ki‡Zv| Avi kn‡ii evwK †jvKRb‡K ew›` K‡i †dj‡Zv c`vwZK evwnbxi Ab¨viv| AvIqvgx jx‡Mi m‡½ hy³ mevB‡K ¸wj K‡i †g‡i †djv n‡Zv| Avi Zvici †g‡h‡`i cvnvov w`‡Z K¤úvD‡Û wb‡q G‡m ˆmb¨‡`i gv‡S wewj‡q †`qv n‡Zv| AZ¨vš— RNb¨ GKUv e¨vcvi wQj GUv| we‡k¡i †Kv_vI KLbI Ggb NUbvi bwRi cvIhv hvq bv| ZeyI GgbUvB N‡UwQj|

cªkœ t hy‡×i AwfÁZv wb‡q wK¬wb‡Ki bvix-cyi“l ev †K‡bv mgvRKgx©‡`i I m‡½ †Kv‡bv K_v n‡q‡Q Avcbvi? we‡klZ al©Y wkwe‡ii (†ic K¨v¤ú) †g‡q‡`i AwfÁvZvi e¨vcv‡i ?

‡Rwd«t nu¨v, Avgiv me mgq Gme AwfÁZvi K_v ïbZvg| Zviv †hme NUbvi K_v ej‡Zv

Zvi  †Kv‡bv †Kv‡bvUv wQj ixwZg‡Zv i³ wng Kiv| wekvj‡`nx cvwK¯ v— bx ˆmb¨‡`i Øviv evievi awl©Z nIqvi Kvwnbx ï‡bwQ Avgiv| Avcwb wek¡vm Ki‡Z cvi‡eb bv, †KD G ai‡bi

KvR Ki‡Z cv‡i| abx Ges my›`ix †g‡q‡`i‡K Awdmvi‡`i Rb¨ †i‡L †`qv n‡Zv Avi evwK‡`i Abvvb¨ i¨v‡¼i ˆmb¨‡`i g‡a¨ e›Ub K‡i †`qv n‡Zv| Avi †g‡q‡`i `vi“Y K†ó  †d‡j †`qv n‡Zv| Zv‡`i‡K ch©vß  †L‡Z †`qv n‡Zv bv| Amy¯n n‡q co‡j Zv‡`i wPwKrmv †`qv n‡Zv bv| A‡b‡KB K¨v‡¤úi g‡a¨ gviv †M‡Q| Gme NUbv mn‡R †KD wek¡vm KiwQj bv| G¸‡jv †h mwZ¨ NU‡Z cv‡i, GUv wek¡vm Ki‡Z †KD ivwR wQj bv| wKš y — G msµvš— Z_¨¸‡jvB cªgvY Ki‡Q †h, NUbv¸‡jv mwZ¨|

cªkœ t n¨vu , Avcbvi K_v Avwg eyS‡Z cviwQ| Avcwb Rv‡bb MZ Pvi eQi a‡i Avwg wb‡RI Gme †g‡q‡K Luy‡R †ei Kivi †Póv KiwQ| Zviv msL¨vq wecyj| Z ‡`i A‡bK‡KB cvIqv hvIqvi K_v wKš‘ Avwg wb‡R LyeB KgmsL¨K †g‡q‡K L~u‡R †c‡qwQ|

‡Rwd«t nu¨v, A‡b‡KB A¯^xKvi K‡i‡Q| Zviv e¨vcviUv G‡Kev‡i †P‡c †M‡Q| GgbUv nq|

cªkœ thy‡×i ciciB cwiw¯’wZ wK wKQyUv wfbœ wQj? †KD wK Zvi AwfÁZv Rvwb‡q‡Q?

‡Rwd«t †KD G wel‡q K_v ej‡Z ivwR wQj bv | Avcwb cª‡kœi ci cªkœ K‡i hv‡eb, wKš— †Kv‡bv DËi cv‡eb bv| gv‡S gv‡S GgbI n‡q‡Q , Zviv m¥„w nvwi‡q †d‡j‡Q| cyi“livI †KD G wel‡q GK`g K_v ej‡Z ivwR wQj bv| †Kbbv Zv‡`i g‡Z, †g‡qiv Kjw¼Z n‡q †M‡Q| Avi evsjv‡`‡k †g‡q‡`i gh©`v A‡bK Kg, GUvI wVK| GiKg Ae¯nvq Zviv m¤£g nviv‡j Zv‡`i †Kv‡bv gh©`vB Avi Aewkó _v‡K bv| Zv‡`i ZLb evuPv givi †Kv‡bv ZdvZ _v‡K bv| Avi cyi“liv Zv‡`i †g‡i †d‡j‡Q| Avwg wek¡m Ki‡Z cviwQjvg bv| cwðgv we‡k¡ GgbUv KíbvB Kiv hvq bv|

cªkœ t Avcwb wbðq evsjv ej‡Z cvi‡Zb bv| Avcbvi c‡¶ g by li m‡½ K_v ej‡Z wK †eM †c‡Z n‡Zv?

‡Rwd«t bv| Avgvi GKRb †`vfvlx wQ‡jb| GKRb cyi“l †`vfvlx| Zviv mevB Lye `ª“Z msMwVZ n‡q wM‡qwQj| Zviv Avgv‡K GKUv j¨vÛ‡ivfvi †hvMvo K‡i w`j| GKRb WªvBfvi Avi GKRb wdì Awdmvi †c‡qwQjvg Avwg| 62IB wdì Awdmvi Avgvi †`vfvlxi KvR K‡i w`‡Zb| WªvBfv‡ii bvg wQj ggZvR | Z‡e wdì Awdmv‡ii bvg Ki‡Z cviwQ bv| wZwb GKRb miKvix PvKz‡i wQ‡jb| miKvwi Kg©KZ©v‡`i AwaKvskB  Bs‡iRx‡Z K_v ej‡Z cvi‡Zb| wZDwbwkqvq †h Kó Ki‡Z n‡q‡Q, GLv‡b †mUv nqwb (W. †Wwfm wZDwbwkqvq RbmsL¨v Kvh©µ‡gi KvR K‡i‡Qb)|

cªkœ t †g‡qiv †Kb G e¨vcv‡i bxie wQj, Avcbvi Kx g‡b nq?

‡Rwd«t AvZ‡¼ | Zviv mevB `yt¯^cœ †`L‡Zv| †mB AvZ¼ KL‡bvB KvwU‡q IVv hvq bv| AwaKvs‡kiB fxlb m èvqweK D‡ØM †`Lv †`q| Avi ZvQvov Avgiv wQjvg we‡`wk| Zviv †Kv‡bv we‡`wk‡K wek¡vm Ki‡Z cviwQj bv | Zv‡`i‡K wb‡q Avgiv Kx Ki‡Z hvw”Q Zviv Rvb‡Zv bv---

cªkœ t al©Y wkwei¸‡jv †hLv‡b wQj, †miKg †Kv‡bv Rvq?Mvq wK Avcwb †M‡Qb?

‡Rwd«t al©Y wkwei¸‡jv Z‡Zvw`‡b Zz‡j †`qv n‡qwQj Ges cbevm©b m MVb †mLvb †_‡K †g‡q‡`i‡K Zv‡`i wbR wbR Mªvg I kn‡i cvwV‡q †`qvi †Póv KiwQj| Z‡e A‡bK ‡¶‡Î †hUv N‡U‡Q †h, ¯¿x‡K ¯^vgxi Kv‡Q †diZ cvVv‡bvi ci ¯^ gx ¯¿x‡K †g‡i †d‡j| †Kbbv ¯¿x Zvi m¤£g nvwi‡q‡Q| A‡bK †¶‡Î Kx N‡U‡Q RvbviI †Póv Ki‡Zv bv Zviv | †`‡ki cªZ¨š— A‡j, hgybv b`x‡Z jvk fvm‡Z †`Lv †M‡Q| G NUbvwU BD‡iv‡c D‡ØM m„wó K‡iwQj| wKš‘ G¸‡jv Ae¨vnZ wQj|

cªkœ t ‡h me †g‡qiv K_v wK Avcbvi g‡b Av‡Q? K‡ZvR‡bi Mf©cvZ NwUqv‡Qb Avcwb? ‡Rwd«t mwVK cwimsL¨vb m¥ib Kiv KwVb| Z‡e w`‡b cªvq GKk Rb K‡i|

cªkœ t XvKvq, bv †`‡ki Ab¨vb¨ As‡k?

‡Rwd«t msL¨v D‡j−L Kiv KwVb| XvKvq M‡o w`‡b GKk RbK‡i, Avi †`‡ki Ab¨Î msLvvUv IVvbvgv K‡i‡Q| †KD †KD KjKvZvq wM‡qwQj----

cªkœ t kZKiv nv‡i ej‡Z cvi‡eb? †hgb ai“Y †kªbxwfwËK, ag© fwËK w`K †_‡K KZRb †g‡qi †`Lv †c‡q‡Qb Avcwb?

‡Rwd«t me †kªbxi †g‡qB wQj| Zv‡`i ag© wb‡q Avgv‡`i gv_ve¨v_¨v wQj bv---Avgiv ïay Zv‡`i wec` †_‡K D×vi Kivi †Póv K‡iwQ| Z‡e †gv‡Ui Ici ejv hvq, hviv abx Zviv hy‡×i ciciB KjvKvZv P‡j wM‡q Mf©cvZ NUv‡Z †c‡iwQj|

cªkœ t Mf©cvZ NUv‡Z ivwR wKbv †g‡q‡`i Kv‡Q †mUv wK Rvb Z PvIqv n‡Zv? Zv‡`i B”Qv- Awb”Qvi e¨vcvi wQj wK?

‡Rwd«t n¨uv , Aek¨B | Avgvi h‡ZvRb †g‡q †c‡qwQjvgZv‡`i mevB Mf©cvZ NUv‡Z

†P‡qwQj| G‡Z ivwR bq| Ggb KvD‡K Avgiv cvBwb| Ab¨w`‡K †hme †g‡q mš v— ‡bi Rb¥ w`‡qwQj, Zviv Zv‡`i mš v— b‡K cyY©ev©mb msMV‡bi nv‡Z Zz‡j w`‡qwQj| Avi Gfv‡e Gme wkï AvBGmG‡mi Kv‡Q Ges Ab¨vb¨ †`‡k †cŠu‡Q‡Q| Z‡e Zviv msL¨vq K‡Zv Avgvi ‡Kv‡bv avibv †bB|

cªkœ t G e¨vcv‡i wek` cªkœ Kivq Avwg Avcbvi Kv‡Q ¶gv †P‡q wbw”Q | Z‡e cyY©evmb Kg©Kv‡Û Zv‡`i gZvgZ ev B”Qv-Awb”Qvi my‡hvM ivLv  n‡qwQj wKbv G e¨vcv‡i Avgvi mwZ¨Kvi †KŠZznj i‡q‡Q| Mf~cvZ NUv‡bvi mgq †Kv‡bv gwnjv Kvu`wQj ev gvbwmKfv‡e †f‡½ c‡owQj Ggb †Kv‡bv NUbv wK g‡b Ki‡Z cv‡ib?

‡Rwd«t bv Zv‡`i †KDB Kv‡`bx| Zviv LyeB k³g‡bi cwiPq w`‡qwQj| Zviv G‡Kev‡iB KvbœvKvwU K‡iwb| Zviv G‡Kev‡i kvš— †_‡K‡Q| I, Ck¡i‡K aY¨ev`| Gi d‡j Avgv‡`i c‡¶ KvRUv mnR n‡qwQj|

cªkœ t Avcwb e‡j‡Qb, †hme gwnjv Mf©cvZ NUv‡Z ivwR wQ‡jb, Avcwb ïay Zv‡`iB wPwKrmv w`‡q‡Qb| Avwg Avgvi  †m cªm‡½  wd‡i  †h‡Z PvB| gwnjviv  Zv‡`i mg¥wZ Kv‡K Rvwb‡qwQj? mswk−ó Wv³vi‡`i, bvm©‡`i, mgvR-Kgx©‡`i?

 ‡Rwd«t I nu¨v|

cªkœ t Zv‡`i wK †Kv‡bv KvM‡R ¯^v¶i Ki‡Z n‡q‡Q?

‡Rwd« t Avgvi g‡b nq Zv‡`i‡K mg¥wZm~PK GKUv WKy‡g›U ¯^v¶i Ki‡Z n‡qwQj| Z‡e Avwg wbwðZ bB| miKvi c‡iv¶fv‡e e¨vcviUv Av‡qvRb K‡iwQj| GUvi Av‡qvRb gyjZ K‡iwQj c~Yev©mb msMVb Ges Avi †hme gwnjv Zv‡`i mvnvh¨ K‡iwQj Z iv| Z‡e GUv wbwðZ †h,

hviv Mf©cvZ NUv‡Z ivwR wQj bv, Zviv †KD wK¬wb‡Ki Kv‡Q †Nu‡lwb| Kv‡RB GUv †Kv‡bv Bmy¨ wQj bv|

cªkœ t Avcwb wK †kl ch©š— Mf©cvZ NwU‡q‡Qb ? †mUv †Zv Mf©avi‡Yi GKUv AMªmi ch©¨q

nIqvi K_v, ZvB bv?

‡Rwd«t nu¨v , †mLv‡b Avgvi Qq gv‡mi Ae¯nvbKv‡j cy‡iv mgqUvB Avwg Mf©cvZ NwU‡qwQ | gwnjviv Ggb Zxeª Acywó‡Z fzMwQj †h, 40 mßv‡ni å“Y cªvq 18 mßv‡ni GKwU 哇bi

mgvb n‡Zv|

cªkœ t bvix‡`i †Kv‡bviKg civgk© †`qv n‡Zv wKbv g‡b Ki‡Z cv‡ib?

‡Rwd«t civgk©? cyYev©mb msMVb Zv w`‡Zv| †mLv‡b bvix mgvRKgx©iv Zv‡`i m‡½ K_v ej‡Zb| Avgvi g‡b nq bv Zv‡Z Zv‡`i Lye GKUv jvf n‡Zv| ‡Kbb Zviv mevB wQj Acywó‡Z †fvMv| †hŠb‡ivM I AcywóRwbZ †ivMevjvB‡q Avµvš— wQj Zviv | Lye fq¼i cwiw¯’wZ wQj †mUv | †`‡k ZLb Gme mgm¨v †gvKvwejvi g‡Zv m¤ú` , JlacÎ ev my‡hvM myweav G‡Kev‡iB wQj bv| mxwgZ m¤ú` hvwQj ZvI hy×vnZ ˆmb¨‡`i Rb¨ ivLv wQj|

†g‡q‡`i Rb¨ wKQyB Aewkó wQj bv| Avgv‡`i wb‡R‡`i óvd wb‡q Avm‡Z n‡qwQj|

cªkœ t Avcbviv mieivn †Kv_v †_‡K †c‡Zb ? †m¸‡jv wK h‡_ó wQj?

‡Rwd«t Bsj¨vÛ  †_‡K | Avgv‡K Avgvi wb‡Ri cª‡qvRbxq wRwbmcÎ wb‡q Avm‡Z ejv n‡qwQj| GQvov Avwg `yB †mU hš¿cvwZ I Gw›Uev‡qwUK m‡½ wb‡qwQjvg|

cªkœ t Qqgvm a‡i Mf©cvZ NUv‡bvi Kv‡R Avcwb gvÎ `yB †mU hš¿cvwZ e¨envi K‡iwQ‡jb?

‡Rwd«t nu¨v | ¯’vbxq nvmcvZv‡ji hš¿cvwZM‡vj me aesm K‡i †djv n‡qwQj| IlyacÎ hv

Aewkó wQj, Zvi meB wQj hy×vnZ‡`i Rb¨|

cªkœ t ‡mB hš¿cvwZMy‡jvwK kvixwiKfv‡e wbivc` wQj?

‡Rwd«t n¨uv | we‡klÁ Aí eqmx‡`i †¶‡Î †mme †ivMevjvB kix‡i wb‡q mš v— b Rb¥ †`qvi †P‡q GUvB eis wbivc` wQj|

cªkœ t Avcwb wK Mf©cvZ I `ËK MªnY Dfq Kg©Kv‡Ûi m‡½B hy³ wQ‡jb?

‡Rwd«t nu¨v| Z‡e `ËK Kg©m~Pxi †¶‡Î ïay wkï‡`i AvBGmG‡mi nv‡Z Zz‡j †`qv Avgvi

KvR wQj| Mf©cvZ NUv‡bv I Rb¥ †bIqv wkïi msL¨v wQj wecyj| hy‡×i mgq †g‡q‡`i

‡hme mvgwiK K¤úvD‡Û ivLv n‡qwQj, †m¸‡jvi AvKvi wbðqB wekvj wQj| Z‡e Avwg †mLv‡b hvIqvi Av‡MB †m¸‡jv eÜ K‡I ‡`qv n‡qwQj|

cªkœ t XvKv kn‡ii evB‡i †hme RvqMvq Avcwb †M‡Qb †m¸‡jvi Ae¯nv ‡Kgb wQj? †mLv‡b

Kx ai‡Yi my‡hvM- myweav Avcbviv †c‡q‡Qb| ?

‡Rwd«t nvmcvZvj Avi cybev©mb msMVb --- †mUvi bvg Kx wQj, Avwg g‡b Ki‡Z cviwQ bv| m¤¢eZ  evsjv‡`k RvZxq bvix cybe©vmb msMVb ev G RvZxq  wKQy | †ewki fvM eo †K›`ª¸‡jvi GivB KvR KiwQj | Avgvi hvIqvi Av‡M †mLv‡b Lye AímsL¨vK Mf©cvZ Kiv n‡qwQj| †Kbbv †KD †mUv Ki‡Z Pvw”Qj bv | nvmcvZv‡ji †gwWK¨vj óvd‡`i †ewki fvM

g‡b KiwQj GUv †e-AvBbx KvR|hv †nvK, Avgvi KvR Aby‡gv`b K‡i Avwg ¯^ivó mwPe ie †PŠayixi KvQ †_‡K GKwU  wPwV †c‡qwQjvg| †mLv‡b ejv n‡qwQj , Avwg hv Ki‡Z Pvw”Q, Zv AvBbwm× Ges Zviv meiKg mvnvh¨ w`‡Z ivwR Av‡Qb| wPwVUv Avwg GLb Avi Luy‡R †ei Ki‡Z cvi‡ev bv| GUv m¤¢eZ GLv‡bB †Kv_vI Av‡Q--- evsjv‡`k msµvš— cªPzi KvMRcÎ Rwg‡q †i‡LwQ Avwg---- G¸‡jv‡K Avgvi ¸i“Z¡c~Y©  ‡b n‡q‡Q, †Kbbv Avgvi g‡b n‡q‡Q, evsjv‡`‡k hv †`‡LwQ †ZgbUv c„w_exi Avi †Kv_vI NU‡Z †`L‡ev bv Avwg| Kv‡RB  Avwg Gme KvMRcÎ †i‡L w`‡qwQ| †mmgq G¸‡jv LyeB fq¼i  g‡b nw”Qj| 

cªkœ t †g‡q‡`i mevB wK Mf©cvZ Kiv‡Z ev mš v— b‡K `ËK w`‡Z ivwR n‡q‡Q?

‡KD wK mš v— b‡K †i‡L w`‡Z Pvqwb?

‡Rwd«t nu¨v --- `y‡qKRb †P‡q‡Q---

cªkœ t Avcwb wK Rv‡bb Zv‡`i fv‡M¨ Kx N‡UwQj ?

‡Rwd«t Avgvi †Kvb avibv †bB | AvBGmGm †mLv‡b h‡Zvwkï cviv hvq msMªn K‡i‡Q| †Kbbv Av‡gwiKvI cwðg BD‡iv‡c ZLb `ËK †bqvi g‡Zv wkïi Afve †`Lv w`‡qwQj|

Avi Zviv h‡ZvUv cviv hvq †ewkmsL¨K wkï msMªn Kivi  †Póv KiwQj|

cªkœ t B›Uvib¨vkbvj †mvk¨vj mvwf©‡mm ?

‡Rwd«t nu¨v| ms¯nvwU IqvwksUb wWwm wfwËK | `ËK msµvš— cª_g mvwii ms¯nv|

cªkœ t gv‡q‡`‡i Kx n‡Zv ?

‡Rwd«t Mf©cvZ ev mš v— b Rb¥ †`Iqvi ci Zviv wKQyw`b †mLv‡b _vK‡Zv Avi Zvici Îvb cybe©vmb †K‡›`ª wM‡q Avkªq wb‡Zv| Zviv h‡Zvw`b Lywk †mLv‡b _vK‡Z cvi‡Zv | Zvici Zviv bvbviKg †K‡›`ª wM‡q Avkªq wb‡Zv| h‡Zvw`b Lywk †mLv‡b _vK‡Z cvi‡Zv| Zvici Zviv bvbviKg cªwk¶Y Kg©mywP‡Z †hvM w`‡Zv| Avwg Zv‡`i `y‡qKRb  †`‡LwQ| evwbwR¨K wfwËK †cvkvK ˆZix KiwQj Zviv|  XvKv, w`bvRcyi, iscyi †bvqvLvjx‡Z GgbUv †`‡LwQ|

mv¶vrKvi †`Iqvi Rb¨ W. †Wwfm‡K Avgvi Avš w— iK aY¨ev` | Zvui KvQ †_‡K          we`vh  †bqvi Av‡M Avgiv Av‡iKevi Zvui evsjv‡`k md‡ii e¨vcv‡i we¯ v— wiZ Av‡jvPbv K‡iwQ| Avgv‡`i Av‡jvPbvq ¯^vfvweKfv‡eB fwel¨‡Z GKwU hy×vciva UvBey¨bvj MV‡bi m¤¢ve¨Zvi cªm‡½ G‡m c‡o| †Rwd« Avgvi nvZ k³ K‡i a‡i †mwU Zviu ey‡K iv‡Lb| Zvui †Pv‡L Akª“| evsjv‡`k b¨vq wePvi cvIqvi †Póv Ki‡j wZwb Zvi mv‡a¨ mewKQy Ki‡eb e‡j Rvbvb| cªv_wgK c`‡`¶c wn‡m‡e Avwg mwZ¨ Avkv Kwi,GB mv¶vrKvi AvMªnx Mª“c‡K Zvui

Kvwnbx AvbyôvwbKfv‡e wjwce× Ki‡Z DrmvwnZ Ki‡e|Ó

Appellant Mir Quasem Ali, produced exhibit-“B” cªvgvb¨ `wjj- gyw³hy‡×  PÆMªvg  written by Gazi Salauddin and

relied on this book. Since he himself relied on this

book, he could not question the reliability and authencity of the contents of the book. From the

book it appears that the father of the author was killed at Pahartoli slaughter centre in Chittagong.

In the preface of the said book the author stated – “evsjv‡`‡ki gyw³hy‡×i bq gv‡m wÎk jvf ev½vjx knx` nIqv, `yBjv¶ gv- †evb‡K al©Y Kiv Ges ------ ¸wj I RevB K‡i cvwLi gZ nZ¨v K‡i‡Q Acvgi Rb mvavib‡K| Zv‡`i G nZ¨vKvÛ †_‡K †invB cvqwb 90 eQ‡ii e„× †_‡K gv‡qi †Kv‡ji `y‡ai wkïch©š—| Mªv‡gi ci Mªvg AwMœ`» K‡i‡Q| G nZ¨vKv‡Û Zv‡`i‡K mnvqZv K‡i‡Q G †`kxq `vjvj ivRvKvi Avj-e`i, Avj- kvgm, Rvgv‡qZ Bmjvgx gymwjg jxM, †bRvgx Bmjvgx mg_©K ev½vjx bicï I wenvixiv| He added- gyw³hy× PjvKvjxb cvK evwnbx I Zv‡`i †`vki ivRvKvi, Avj-e`i, Avj-kvgm, Rvgvqv‡Z Bmjvgx I wenvixiv †h b„ksm a¡skhÁ Pvwj‡qwQj Zv AvR ev½vwji m¥„wZ †_‡K nvwi‡q †h‡Z e‡m‡Q hvi Ab¨Zg KviY GKw`‡K ¯^vaxbZv we‡ivax P‡µi my‡KŠkj AwfmwÜ, Ab¨w`‡K msi¶‡bi Afve| Ó

The publisher of the book in his comment has said- ÒG‡Z Av‡Q GKvˇi cvwK¯ v— bx nvbv`vi evwnbx I Zv‡`i mn‡hvMx‡`i b„ksm ee©iZv Ges †Mwijv hy‡×i `vwjwjK avivcvZ| Mª‡š’i mKjZ_¨ DcvË ev½vjx RvwZmËvi Avb›` †e`bvi Akª“cvZ|Ó ............ ÒGB eB‡Z PÆMªvg †Rjvq gyw³hy‡×i bq gv‡m PÆMªv‡g Kx Kx N‡UwQj , † v_vq †Kv_vq cvK nvbv`vi evwnbx I Zv‡`i †`vmiiv gyw³‡hv×v I wbixn ev½vjx‡K nZ¨v K‡i‡Q Zv mwbœ‡ewkZ n‡q‡Q|Ó

It appears from this defence document that the author holding research and inquiry over the subject matter for few years found the following places as slaughter centres and concentration camp of Pakistani

army, Badar Bahini and other auxiliary forces who

committed genocide in Chittagong :

“1. Kalurghat Betar Kendra, 2, Shershah Housing Estate, Parbat Rifle Club, behind Dr. Mazhar High School,  Chandmari. 3. Infront of Medical College and behind of Appello Pharmacy, 4.  Nashirabad Housing Society, Road No.2, 5. Between Enam Khar Pahar field and Forest Research Institute, 6.  Infront of the Central Store of Bangladesh Betar Central Store, 7. Nathpara and Abdurpara , South

Kawkhali, 8. Sholoshahar Rail Station , 9. Hill of Probortok Shangha, 10. Panchlaish Police Station 11. In front of Pahartali Eye Hospital , 12. West Rampura (Sabujbagh), 13. Chasma Pahar, Sholoshahar, 14. West Rampura ( Sabujbagh), 15. South Kattoli Jelepara,16. Purba Pahartoli Bhaddya Bhumi (more than 10,000 persons were killed here) 17. Besides of Custom Academy and Chittagong Divisional Stadium , 18. South Kattoli (east side of Rail Line) Sddique Counsiler’s house, 19. East side of City Gate, Dhaka Trunk Road, 20. No.11,  South Kattoli, house of Mohammad Chowdhury, 21. Godown of Leather, Chaktai Khal, 22. Chaktai Khalpar, 23. Middle place of New Market, Ice Factory Road, 24. South Corner of Gulbabahar Hamdu Miah Road, 25. Mohamaya Dalim Bhaban, infront of T &  T Bhaban, 26. Goods Hill, Chittagong, 27. Chittagong Circuit House, 28. Army Camp besides Chittagong Stadium 29. Hotel Dewan, Dewan Hat More, 30. Chandrapura  Rajakar Camp, 31. Hotel Tower, Jamalkhan Torture Cell, 32. C.R.B. Torture Cell, 33. Banglo in front of Hill,  Sarson Road, 34. Chittagong General Post Office, 35. Lalkhan Pahar,36. Al Badar Bahini Camp,Panchlaish, 37. Railway Banglo of Batali Hill, 38. Ispahani Moar ( at present Highway Plaza Bhabon), 39. Tulshi Dham, 40. Lalkhan Bazar, 41. South Bakolia Mozaher Ulum Madrasha, 42. Sowat ship massacre in Karnaphuli river, 43. Eid Ga Radio Store Army Camp, 44.Dampara Police Line, 45. Chittagong Police Line, Old Gate Grave yard, 46. Char Chaktai Khalpar, 47. Jhautala Bihari Colony, 48. Labonghata, Middle place of Sadar Ghat and Majhi Ghat,49. Army Camp of Jamburi Math, 50. Ambagan, Railway Workshop, 51. Pahartoli Hazi Camp Torture Cell, 52. Dewan Hat Civil Godown, 53. Char Chaktai Khalpar, 54. Sulkabahar, Hamdu Miah Road, 55. Doublemooring Navy Camp Club, 56.1 No.1, Jetty Gate Booking Office, 57. Bandor Army Camp, beside of Bandar Police Station, 58. Pakistan Bazar Camp, 59. Chittagong Port,  Jetty No.1 to  no.15, 60. Sadarghat Rajakar Camp ( Torture Cell and Slaughter House), 61. Pahartali Railway School, 62. Railway Safety Tank, 63. Tigerpass Neval Office, 64. Behind of Hazrat Garib Ullah Shah Mazar, 65. House of Saadi, in front of Ambagar School, 66. Hallishahar Bihari Colony, 67. E.P.R. Camp, 68. Semen’s Hostel, 69. Airport Army Camp, 70. Zelepara Baddya Bhumi, 71. Navy Head Quarter, Patenga, 72. Chittagong Dock Yard camp, 73.  South Chittagong Airport, 74. Inside of Padma Oil Company Ltd., 75. Khoiyarchara Purba Pool Moghra, Dr. Ahmed Shobhan Sarak Station Road, Trunk Road, under the bridge of Barotakia Bazar, 76. Zorargonj Baddyabhumi, south east point of Chhuti Kha Digi and South east point of Babu Kha Dighi, 77. Besides of Highlu Pool, south side of Highlu Court, Dumghat Rail Station, 78. Adjacent of Eshakhali Lushakhali Jhulanta Bridge, 79. Middle Mirsharai Sadar Trunk Road and Mirsharai Station Road Uttor Bhalbaria, 80. Jagoth Mallapara, Raozan, 81. 9 No Pahartoli Union , Ward No.2, Unasattarpara, 81. No.9, Pahartoli Union, Ward No.7, Unasattwarpara, 82. Sitakhunda Urban area, Railway Station adjacent to Railway Colony, 83. Sitakunda Urban area Railway Station to Chandranath Mandar Road, Sitamondir, 84. In front of Mahantabari,  Sitakunda Urban area Railway Station to Chandranath Mandari Road, 85. Purba Mondakini, 86. Dewan Nagar,  87. South

Many news item, regarding the genocide committed in Chittagong by brute Pak army and its auxiliary forces namely Al-Badar, Al-Shams, Razakars etc., were published in different news papers in subsequent after 16.12.1971. Two of those news items published were as follows:

‰`wbK evsjv

03-02-1972

Avi GK ea¨f~wg PÆMªv‡gi `vgcvov

Rj−v` evwnbx GLv‡b K‡qK nvRvi †jvK nZ¨v K‡i‡Q|

t wbR¯^ cªwZwbwat

Ò PU«Mªvg, 31 †k Rvbyqvix | GB kn‡ii `vgcvovq Mixeyj−vn kvni gvRv‡ii cv‡k GKwU †jvgnl©K ea¨f~wg Avwe¯‹„Z n‡q‡Q| MZ 30‡k gvP© †_‡K wW‡m¤^i cª_g mßvn ch©š— GB ea¨f~wg‡Z ee©i cvK evwnbx cªvq K‡qK nvRvi †jvK‡K nZ¨v K‡i‡Q e‡j Abygvb Kiv n‡”Q| ea¨f~wgi ¯nvbwU Avgv‡K  †`wL‡qwQj Mixeyj−vn kvni gvRv‡ii msjMœ †`vKvb`vi bvwmi Avng`|

MZ 25 †k gvP© †_‡K 16B wW‡m¤^i evsjv‡`k ¯^vaxb bv nIqv ch©š— GB nZ¨vKv‡Ûi †lvj AvbvB wZwb ¯^P‡¶ †`‡L‡Qb| GB `xN© mgq wZwb Zuvi †`vKv‡bB wQ‡jb| bvwmi Avng` Avgv‡K e‡j‡Qb , MZ 30‡k gvP©  †_‡K wW‡m¤^i cª_g mßvn ch©š— AwZwi³ e„wói w`b Qvov cªZ¨n mÜvq Kov wgwjUvix cvnvivq cvuP †_‡K Qq U«vK †evSvB †jvK wb‡q Avmv nZ|

GB nZf¨vM¨‡`i †PvL Kvco w`‡q evuav _vK‡Zv| Zv‡`i ea¨f~wg‡Z bvwg‡q w`‡q U«vK¸wj P‡j †h‡Zv| GB nZfvM¨‡`i ea¨f~wg‡Z jvBb w`‡q ` uo Kwi‡q ¸wj Kiv nZ¨v Kiv n‡Zv| Zvici Ab¨ GK`j wgwjUvix U«vK wb‡q ea¨f~wg‡Z G‡m jvk¸wj U«vK †evSvB K‡i AbÎ mwi‡q wb‡q †hZ| bvwmi Avng` Avgv‡K Av‡iv e‡j‡Qb †h, wbqwgZ GB nZ¨vh‡Ái ïi“‡Z jvk cuyZevi Rb¨ ea¨f~wgi cv‡k GKwU Mfxi MZ© Lbb Kiv nq|

gvÎ K‡qK w`‡b jv‡k GB Mfxi MZ© fwZ© n‡q †M‡j m`¨giv jvk¸wj‡K U«v‡K PwW‡q Ab¨Î mwi‡q †djvi e¨e¯nv Kiv nq| Avgvi Aby‡iv‡a bvwmi Avng¥` GB M‡Z©i gyL †_‡K mvgvb¨ gvwU mwi‡q cvuPwU biKsKvj DVvb| Zvui  g‡Z †mB M‡Z©  Kgc‡¶ cvuP nvRvi biKsKvj i‡q‡Q| GB †jvgnl©K ea¨fzwg‡Z Pvwiw`‡K cvnvo w`‡q †Niv | ea¨f~wgi Pvwiw`‡K wew¶ßfv‡e Qwo‡q i‡q‡Q nZfvM¨‡`i Rvgv-Kvco RyZv cªf…wZ | gvwU‡Z i‡q‡Q Pvc Pvc we¯— i i‡³i `vM hv cªgvb K‡i‡Q †h MZ wW‡m¤^‡ii cª_g w`‡K GLv‡b K‡qKk †jvK‡K nZ¨v Kiv n‡q‡Q|

ea¨f~wgi cv‡k nvuUvi mg‡q gvwU‡Z Avwg †MvUv `k my¨U I †`L‡Z †c‡qwQ| G‡Z cªgvwYZ n‡”Q †h, †ijI‡q ‡cvU© U«vó Ges Ab¨vb¨ Awd‡mi †h me nZfvM¨ Awdmvi wbu‡LvR i‡q‡Qb, Zvu‡`i  A‡bK‡KB  GB ea¨f~wg‡Z nZ¨v Kiv n‡q‡Q| bvwmi Avng‡`i g‡Z AZ¨vPv‡ii Kv‡jv w`b¸‡jv‡Z ee©i cvKevwnbx GB ea¨f~wg‡Z K‡qK nvRvi †jvK‡K nZ¨v K‡i‡Q| wZwb e‡j‡Qb †h,wbqwgZ GB nZ¨vh‡Ái ïi“‡Z †PvL evuav Ae¯nvq ea¨f~wg‡Z Avbv GK`j †jvK‡K ¸wj K‡i nZ¨v Ki‡j ¸wji AvIqv‡R nZfvM¨‡`i jvBb K‡i `vuov‡bv Ab¨`j g„Zz¨f‡q wPrKvi Ki‡Zv e‡j c‡i ivB‡d‡j mvB‡jÝvi jvwM‡q ¸wj K‡i gvivi c×wZ cªewZ©Z nq|

wbqwgZ GB †jvgnl©K nZ¨vKv‡Ûi AviI `yBRb mv¶x cvIqv ‡M‡Q|Ó

PÆMªv‡gi 20wU ea¨f~wg‡Z ev½vjx wbaYhÁ P‡j‡Q

t c~e©‡`k cªwZwbwat

PU«Mªvg, 12B Rvbyqvix | -PÆMªvg kni I kniZjx GjvKv m‡gZ †Rj i Av‡iv 9wU _vbv‡Z nvbv`vi Lvb †mbviv me©‡gvU 20wU ea¨f~wg‡Z ev½vjx wbaYhÁ Abyôvb Pvwj‡q‡Q| kni I kniZjx GjvKvi 10wU ea¨fzwgi g‡a¨ AvUwU‡Z M‡o cvuP nvRvi K‡i ev½vjx‡K nZ¨v Kiv n‡q‡Q e‡j AbygwZ n‡”Q|

GQvov †cvU© GjvKv Ges †bfx e¨vivK GjvKv‡Z my`xN© 9 gvme¨vcx gvbyl‡K nZ¨v K‡i wK nv‡i KY©dzwj b`x‡Z fvwm‡q †`qv n‡q‡Q , Zvi †Kvb nw`mI †ei Kiv m¤¢e bq| PÆMªvg kni I kniZjx GjvKvi 10wU Ges Mªvg A‡ji †MvUv cvu‡PK ea¨f~wg BwZg‡a¨ Avwg Ny‡i †`‡LwQ|

Gme ea¨f~wg ev½vjx nZ¨vi mwVK msL¨v nq‡Zv cvIqv hv‡e bv, wKš‘ GL‡bv miKvi hw` e¨vcK AbymÜvb I Z_¨ msMª‡ni Rb¨ GwM‡q Av‡mb Z‡e nZ¨vh‡Ái e¨vcKZvmn GKUv AvbygvwbK msL¨vI wbb©q K‡iZ cvi‡eb e‡j wek¡vm | †Kvb †Kvb gnj PÆMªv‡g wbnZ †jv‡Ki msL¨v 1 jvL n‡e e‡j Abygvb Ki‡Qb|

wKš‘ Avgvi g‡b nq, wewfbœ _vbvmn I msL¨v Aš Z— t wZb jv‡L `vuov‡e| kni I

kniZjxi Avg evMvb, Iqvi‡jm K‡jvbx, †kikvn K‡jvbx I d‡qR †jKmn †MvUv cvnvox GjvKv‡Z GL‡bv 20 †_‡K 25 nvRvi ev½vjxi gv_vi Lywj cvIqv hv‡e| GQvovI i‡q‡Q Pvu`MvI, jvjLvb evRvi, nvwjkni, KvjyiNvU I †cvU© K‡jvbx BZ¨vw` ea¨fzwg| PÆMªvg K¨v›Ub‡g›U I mvwK©U nvD‡mI nvRvi nvRvi †jvK‡K a‡i wb‡q nZ¨v Kiv n‡q‡Q|

Mªvgv‡j wg‡ik¡ivB I mxZvKz‡Ûi cvnvo, ivRDRvb, cwUqv mvZKvwbqv Ges evukLvjxi ebv‡ji I nvRvi nvRvi ev½vjx‡K nZ¨v Kiv n‡q‡Q| †emiKvix D‡`¨‡M mg¯— GjvKvq wi‡cvU© msMªn A‡bKUv KwVb KvR| Avgvi e¨w³MZ AwfÁZv Abyhvqx mviv PÆMªv‡g †Rjv‡Z wZb jvL ev½vjx‡K nZ¨v Kiv n‡q‡Q|

wewfbœ ea¨f~wg‡Z Av‡Rv eû biKsKvj BZ¯ Z— t wew¶ß Ae¯nvq cvIqv hv‡”Q| kn‡ii Iqvi‡jm K‡jvbx, SvDZjv I bvwQivev‡`i cvnvox GvjvKv¸‡jv‡Z jyKvwqZ eû biKsKv‡ji Aw¯ Z— ¡ Av‡Rv cvIqv hv‡e| BwZg‡a¨ SvDZjv GjvKvi wewfbœ †mcwUK U¨v¼, cvnvox †Svc Sv‡oi g‡a¨ A‡bK¸‡jv KsKvj †`L‡Z †c‡qwQ|

mxZvKz‡Ûi wkebv_ cvnv‡o K‡qK nvRvi ev½vjx‡K nZ¨v Kiv n‡q‡Q| wgi‡k¡ivB‡qi †RviviMÁ Ges Iqvi‡jm GjvKv‡Z gvbyl R‡en Kivi ¯’vqx‡K›`ª ¯’vcb Kiv n‡qwQj| iv¯ v— i U«vK, evm Ges †U«b †_‡K nvRvi nvRvi †jvK‡K a‡i G‡b AvUK K‡i ivLv n‡Zv Ges cªwZw`b 50 Rb A_ev 100 Rb K‡I nZ¨v Kiv n‡Zv|

G mg¯— GjvKv‡Z AmsL¨ Kei Av‡Rv †`L‡Z cvIqv hvq| gvby‡li cwiwnZ Kvco- †Pvco, RyZv m¨v‡Ûj BZ¨vw`I GLv‡b c‡o Av‡Q| ¯nvbxq Rbmvavi‡bi avibv g‡Z ïay wgi‡k¡ivB I mxZvKz‡Ûi ea¨f~wg¸‡jv‡Z 15 †_‡K 25 nvRvi †jvK‡K nZ¨v Kiv n‡q‡Q|

G Qvov ivDRvb, cwUqv I evukLvjx BZ¨vw` _vbv‡ZI cªvq Abyi“cnv‡i MYnZ¨v Pvjv‡bv

n‡q‡Q|Ó

Those  are few instances out of  thousands brutality committed by the Pak army with the active support and participation of the local auxiliary forces started on the night of March 25,1971, which were acts of treachery unparalled in contemporary history, a programme of calculated genocide. From the above stated news items, statements, press releases and articles there is was no doubt to hold the view that it was a widespread and systematic attacks against civilian population. There is no reasons to believe that the appellant had no knowledge about the genocide and atrocities committed by Pakistani army. The appellant, without standing besides the helpless unfortunate  people of his motherland, involved himself with the atrocities and brutalities as deposed by the P.Ws. 1,2, 3,4,5, 6,7,8, 9, 10, 11, 14, 15, 16, 17 , 18, 19 and 20. The oral and documentary evidence clearly show that he participated, instigated, suggested, aided, provoked

the Pak army and also involved in abduction, torturing and killing of unarmed civilians which were crimes against humanity.

Dalim Hotel : torture cell

Material exhibit VI is a book named  Ò‡mB mgq Avb›` †e`bvqÓ written by Advocate Shafiul Alam who, in an article,  Ò`yt¯^‡cœ©i bi‡K †nv‡Uj WvwjgÓ, had given discriptions about the brutality committed in the Dalim Hotel. Mr. Khandaker Mahbub Hossain, learned Counsel for the appellant in course his submission admitted that Advocate Shafiul Alam was well-known Advocate of Chittagong Bar Association and he was a man of integrity. Advocate Shafiul Alam  in the said article, published in the book Ò1971 fqven AwfÁZvÓ edited

by Rashid Haider in 1989 and in the Òˆ`wbK mycªfvZ evsjv‡`kÓ, had given descriptions of the atrocities committed

in Hotel Dalim which are as follows:

`yt¯^‡cœi bi‡K t †nv‡Uj Wvwjg

Ò‡mw`bwU wQj mvZv‡k b‡f¤^i 71| mܨv †_‡KB kn‡i KviwdD| Avgvi Avkªq evwo‡Z M„nKZ©vi mv‡_ †iwWI ïbwQjvg|

miKvix wb‡`©kvewj cªPvi nw”Qjt AvBb nv‡Z wbI bv ; c‡ivqvbv Qvov KvD‡K †MªdZvi Ki‡e bv; a„Z `y¯K…ZKvix‡`i _vbvq †mvc©` Ki BZ¨vw`| fvewQjvg, KZ wg_¨v Amvi G Dw³¸‡jv| nVvr

Kovbvovq kã ï‡b M„nKZ©v `iRv Ly‡j w`‡jb| Avi Agwb GK`j †jvK ûogywo‡q N‡i Xz‡K coj|

mK‡ji nv‡Z ZvK Kiv Av‡Mœqv¯G| bvK-gyL Kv‡jv Kvc‡o XvKv| m`‡c© AvZ¥cwiwPwZ nvKj; Avgiv e`ievwnbxi †jvK, bovPov Ki‡e bv †KD| jvBb n‡q `uvwo‡q bvg ejvi wb‡`©k Kij| Avgvi bvg

ej‡ZB bvK gyL XvKv Db¥xwjZ †Pv‡Li A¯Gavix `j‡bZv ejjt †Zvg ‡K †MªdZvi Kiv n‡jv| miKvix wb‡`©‡ki D‡j−L K‡i Avgvi †MªdZvwi c‡ivqvbv †`L‡Z PvBjvg| ejjt Avgv‡`i Ime jv‡M

bv| Avm‡jB jvM‡Zv bv; Av‡Rv jv‡M bv| GL‡bv Zviv hy×iZ, Av‡Rv nv‡Z †mB civwRZ A¯G|

AZtci `j‡bZv Avgvi nvZ †PvL †e‡a †Kvg‡i iwk jvMv‡Z ûKzg w`j| wKš‘ nVvr †`wL, Avgvi M„nKZ©v †m A¯Gavixi mvg‡b †`Š‡o G‡m ej‡Q, bv, I‡K Avgvi evwo †_‡K wb‡Z †`‡ev bv| Avwg Rvwb, e`ievwnbx gvbyl Lyb K‡i| †Zvgiv Z`š— K‡iv , I †Kvb `y¯K…ZKvix bq| `j‡bZv ivMZ¯e‡i Zv‡KI †MªdZvi Ki‡Z wb‡`©k Ki‡jv, Avi Agwb `yRb †jvK G‡m Zvi †Kvg‡i iwk cwi‡q w`j|

Avwg †Rvi cªwZev` Rvbvjvg, †Zvgiv Avgv‡K wb‡Z G‡mQ; Avwg †Zv hvw”Q| Zuv‡K †Q‡o `vI, bqZ GK cvI boe bv Avwg| †Kvb 哇¶c bv K‡i av°v‡Z av°v‡Z iv¯Z q wb‡q G‡jv| †mLv‡b Zv‡`i KÕRb cwiwPZ †jvK| we¤ZvwiZ cwiPq Rvbvevi ci Iiv Avgvi M„nKZ©v‡K †Q‡o w`j| AwZkq gnr n“`‡qi AwaKvix lv‡Uva© m`vnvm¨gq G i“Mœ gvbylwU wQ‡jb Avg„Zz¨ ALÛ cvwK¯nv‡b wek¡vmx| wKš‘ Ab¨vq evovevwoi mv‡_ Rxe‡b Av‡cvm K‡ib wb KL‡bv; ‡mw`bI bv| K‡Zv bv gyw³‡mbv Áv‡Z, AÁv‡Z G evwo‡Z Zuvi †mèngq AvbyK~‡j¨ kw³ mÂq K‡iwQ‡jv †mw`b| wZwb AvR †e‡P †bB| wKš‘ Avgvi me‡P‡q Av`‡ii gvbyl giûg ˆmq` gCbDÏxb †nvmvBb wPiw`b †e‡P _vK‡e Avgvi ü`‡q , Avgvi ¯gi‡Y|

iv¯Zvq bvg‡ZB Iiv Avgvi †PvL `y‡Uv Kv‡jv Kvc‡oi k³ AvUzwb‡Z †eu‡a, nvZ `y‡UvI †cQb w`‡K gy‡o iwk w`‡q †eu‡a †djj| K'wgwbU nuvU‡ZB †cŠ‡Q †Mjvg Mš ‡— e¨| eySjvg, Avgv‡`i cvovi

†kl cªv‡š i— †nv‡Uj Wvwjg; GLb e`i evwnbxi wbh©vZb wkwei| wZbZjvq| eviv›`vi gvSvgvwS †cŠQy‡ZB weKU ee©i ¯^‡i †K GKRb †PuwP‡q DVj ; në| Avwg `vwo‡q †Mjvg| mevB Pj‡b ej‡b mewKQy‡Z mvgwiK; K_vevZ©vq D`y© Bs‡iwRi e¨enviB †ewk| nVvr `iRv †Lvjvi kã †cjvg| `ycv †fZ‡i w`‡ZB nVvr wc‡V ey‡Ui AvNv‡Z ûgwo †L‡q N‡ii †g‡Sq jywU‡q cojvg| g‡b n‡jv, Dcweó

kvwqZ KwZcq gvbyl †hb hš¿Yvf‡i nVvr KvZ‡i DVj| gy‡L Mig i³ cªevn Abyfe Kijvg| `uvZ

†f‡O‡Q, bqZ wRe †K‡U‡Q| `iRv eÜ nIqvi mv‡_ mv‡_B †K GKRb wR‡Ám Kij, †K Zzwg fvB?

bvg ej‡ZB `yRb Rwo‡q ai‡jv ¯^‡mè‡n| Giv Avgvi AwZ wbK‡Ui gyw³‡hv×v, RvnvsMxi Avi QvbvDj−vn †PŠayix| Avgv‡K †`qv‡ji mv‡_ †Vm w`‡q ewm‡q w`j Iiv | nvZ-†PvL Avgvi ZL‡bv evav|

Avi mK‡jiI ZvB| Ggb wK c‡b‡iv w`b Av‡Mi †jvK‡`iI; GUvB GLvbKvi wbqg| mK‡j Rvb‡Z D`Mªxe evB‡ii Ae¯nv †Kgb, hy‡×i Ae¯nv, Kxfv‡e aiv cojvg BZ¨vw`| Avevi nVvr ey‡Ui AvIqvR Kv‡b G‡jv| g‡b n‡jv †ek KRb µgk wbKUZi n‡”Q| †mw›U« `iRv Ly‡j nuvK w`‡jv; Lvb mv‡ne G‡m‡Q, mK‡j D‡V `uvovI| evB‡i _vK‡Z ï‡bwQjvg G Lv mv‡ne fqvj wbôzi kw³ai GK

†jvK| GLvbKvi m`©vi| cª_‡g, bvg avg Avi wKQy mvaviY †Mv‡Qi i RwbwZi K_v wR‡Ám Kij| g‡b

n‡jv †K †hb wjLwQ‡jv Gme| nVvr †fswP D”Pvi‡Y Lvb mv‡ne ej‡jvt ÒRq evsjv e‡jv bv?Ó

ejjvg, †m‡Zv mK‡jB ej‡Q| Avi Agwb gy‡L G‡m jvMj GK Zxeª Nywl| Zvici, AK_¨ MvjvMvj,

Avi Pviw`K †_‡K †ek KRb mgvb Zv‡j B”Qvg‡Zv mviv Mv‡q m‡Rv‡i jvw_ Nywl †g‡i Pjj| eySjvg,

`vZ †f‡O‡Q Avi bvK w`‡q i³ Mwo‡q co‡Q| Amn¨ AvNv‡Zi †Zv‡o †g‡Sq c‡o †Mjvg| hš¿Yvq

nVvr Dn Avj−vn kã K‡i DVjvg| Avi Agwb gy‡L m‡Rv‡i AvNvZ †n‡b ejjt Òkvjv, †jwbb Avi

gvI †m Zzs ej- Avj−v- bqÓ| gvÎv †hb µgk evoj| wbh©vZ‡bi K‡Zv bv Awfbe Kvq`v‡KŠkj |

Zvici wKQyB Avi g‡b co‡jv bv| nVvr KLb Nyg †f‡½ †M‡jv; VvÛv †g‡Si Ici c‡o AvwQ| mviv

Mv R¡‡i cy‡o hv‡”Q| fxlY cvwbi †Zóv jvM‡Q| IVvi kw³I †bB Avgvi| Avevi †bwZ‡q cojvg|

ïbjvg `~‡i †Kv_vq KvK WvK‡Q; nqZ †fvi Avm‡Q c„w_exi ey‡K|

‡hb †fvi †_‡KB G e`icyix‡Z †m Kx GK nš `— š—- Qy‡UvQywU Pj‡Q| wmwo eviv›`v Qv‡` m‡Rvi Pjb Avi ey‡Ui IVv bvgvi kã| AÜKvi cª‡Kv‡ôi cyi‡bv eÜz‡`i wbKU Gm‡ei bvbv A_© Zvrch© †`Ljvg AwZ ¯có| ¯eM‡Zvw³i gZB A‡b‡K wdmwdm K‡i ej‡Qt Bm&! Qv` n‡Z jvk¸‡jv bvgv‡”Q

ev GUv †evanq Rmx‡gi Mjvi kã wKsev, †Kb †h †Q‡jUv G‡Zv †ewk K_v e‡j eywS bv, A_ev, ïbQ,

GUv bZzb Pvjvb wbðqB BZ¨vw`| kixi Avi gb `y‡UvB APj Aek n‡q c‡o‡Q| Ggb mgq nVvr

`iRv †Lvjvi kã †cjvg| mv‡_ mv‡_B eÜziv †PvL Avi nv‡Zi euvab c‡i wbj| e¨vcviUv Lye Avgy‡`

jvMj Avgvi| GKUz ¯evfvweK _vKvi R‡b¨ `iRv eÜ _vKvi mg‡q †PvL Avi nv‡Zi euvab nvjKv K‡i †djv Ges `iRv †Lvjvi kã †kvbvi mv‡j mv‡_ wbR wbR `¶Zvq Avevi D³ euvab c‡i †djvi

†KŠkj eÜziv B‡Zvg‡a¨B iß K‡i †d‡jwQj wKš‘ aiv c‡o †h‡Z A‡b‡KB|

A¯¿avix †mw›U« N‡i Xy‡KB ïi“ Kij KzrwmZ AK_¨ MvjvMvwj | Aciva, nvZ Avi †Pv‡Li

euvab nvjKv ev †Lvjv †Kb| Zvici Kv‡iv Pzj a‡i Uvb w`j ev Kv‡KI jvw_ wKsev †`qv‡ji mv‡_ gv_v Vz‡K w`‡q Pjj| ey‡Ui WMv w`‡q Avgvi Mv‡q av°v w`‡q ejj, ZzwgB eywS Kvj iv‡Zi †gngvb? me K_v Lvb mv‡ne‡K mwZ¨ mwZv e‡j †`‡e; bq‡Z H kvjvi `kv n‡e|Ó eySjvg bv wVK Kvi w`‡K wb‡`©k Kij| Zvici jvBb K‡i mevB‡K Uq‡jU i“‡g hvIqvi wb‡`©k w`bj| Gmgq wKQy¶‡Yi Rb¨ nvZ I †Pv‡Li evuab †Lvjv nq| RjfwZ© wU‡bi GK eo M−vm v g‡M| G‡ZB cª‡qvRbxq †kŠPKvR mvi‡Z n‡e, cvjvµ‡g| GKB e¨e¯’v LvIqvi †ejvqI| GK_vjv cvš v— fvZ, KzwP KzwP K‡i KvUv GKgy‡Vv †c‡c-gyjv ZiKvwi| †Kvb g‡Z `yR‡bi Lvevi | GLb fvM K‡i mvZR‡b †L‡Z

n‡e| Avi RjfwZ© mKv‡ji IB gM | Rjcv‡bi fvb K‡i Mjv †fRvZvg mevB| A_P Kv‡iv †Kvb †¶vf †bB| Afz³ K…òvZ© mvZRb †jvK cªkvš— g‡bB cªwZ PweŸk N›Uvq GKevi cvbvnvi ce© †kl KiZ| cªxwZ Avi åvZ„‡Z¡i Kx Ac~e© `„óvš—|

`ycy‡i ¯^cb G‡m ejjt AvR `v`v , cuvPRb LZg| GZ¶‡b KYd ©zjx‡Z fvm‡Q| Rmxg fvB †evanq evuP‡e bv Gevi| Qv` †_‡K jvwd‡q cvjv‡Z wM‡q †h †Q‡jwU aiv c‡owQj , wZbwZb A‡PZb _vKvi ci AvR gviv †M‡Q|

G ¯^cb wQj Avgv‡`i AÜKvi cª‡Kvô Avi e`icyixi †hvMm~Î| K‡qK gvm Av‡M †m aiv

c‡o R‰bK gyw³‡mbv‡K Zvi evoxi cv‡k¡©i †Mvcb c_ †`Lve i A iv‡a | wek¡¯— AvPi‡bi cyi¯‹vi wnmv‡e, GLb wK‡kvi ¯^cb Gu‡UvRj Avi Ni‡gvQvi KvR Ki| me N‡i Zvi Aeva MwZ| Kv‡Ri duv‡K ¯^M‡Zvw³i g‡Zv weoweo K‡i cªwZw`b †m msev` I wm×v‡š i— eû K_v Rvbv‡Zv| Avgiv †gvUvgywU mewKQy AvuP K‡i wbZvg| Avgv‡`i wVK Ic‡iB G e`icyixi wbh©vZb K¶| ¯^cb ejZ,

Iiv bvwK e‡j ÔGUv nvweqv †`vRLÕ ; †m GUvi A_© eySZ bv| †m ejZ , G Ônvweqv‡ZÕ †M‡j †KD Avi †d‡i bv †Zgb| Avgv‡K ejjt Ô`v`v Avcwb GLv‡b †ewkw`b Avi _vK‡eb bv, Avcwb I Av‡iv PviRb , LvZvq AvR Avcbv‡`i bvg wj‡L‡QÕ| mwVK wKQy eySjvg bv, †mI †Zgb wKQy cwi¯‹vi †ev‡Swb| gbUv Lye fvix jvMj| MZiv‡Z ‡gv‡UB Nyg nqwb| †mwK fqvZ© ivZ| gv_vi Ic‡i Qv‡` mvivivZ P‡j‡Q ûoyg-`yoyg j¼vKvÛ| †m Kx fqv_© eyKdvUv Kvbœv Avi AvwZ©| gv‡S gv‡S bi wcPvk¸‡jvi wbôzi AÆnvwmi †ivj|  Ônvweqv †`vRLBÕ e‡U|

‡mw`b `ycy‡i nVvr `iRv Ly‡j †M‡jv wZb PviRb †jvK A‡bKUv Kvu‡a Szwjqv †K GKRb‡K wb‡q G‡jv i“‡g| A‡bKUv wb‡¶c Kivi g‡Zv `y‡i †d‡j w`j †hb| `iRv e‡Üi mv‡_ mv‡_B †PvL

Avi nv‡Zi evuav Ly‡j Zv‡K †Kv‡j Zz‡j wbjvg| Ô†fw›U‡jUiÕ duy‡o Avmv GK wPj‡Z †iv‡` Zvi gyLUv Zz‡j aij mK‡j | mevB AvuZ‡K DVj, G †h Rmxg| wK‡kvi gyw³ h ×v Rmxg| gv_vUv †hb nV¨vr  †Kvj †_‡K AvjMv n‡q †M‡jv| Kv‡iv †evSvi evwK iB‡jv bv, Rmxg Avi †bB| IB GK wPj‡Z

†iv‡` Zvi wbtkã gyLUv wPKwPK K‡i R¡j‡Q| Kx my›`i gvqve gyL|

‡mw`b we‡K‡jB `yRb G‡m Avgv‡K wb‡q †Mj IB Ônvweqv †`vR‡LÕ|  †Pv‡Li evuab Lyj‡ZB †`wL Kv‡jv †cvkvKavix `yRb ÔRj−v`Õ †g‡Sq kvwqZ GK hye‡Ki ey‡Ki Ici ivLv Z³vq `vuwW‡q Av‡Q| cv‡k GKRvZxq Kv‡jv j¤^v †eë nv‡Z Av‡iv `yRb `vw uW‡q , `y‡i Av‡iv K‡qKRb †Pqv‡i Dcweó| hyeKwUi cªwZ wbw¶ß nw”Qj bvbv cªkœevYt ¯^xKv‡ivw³ Av`v‡qi GK ˆcPvwkK Kvq`v| hyeKwU m‡PZb wK Aa©g„Z †evSv hvw”Qj bv| Pviw`‡K †MvUv Qv`UvB XvKv| GK fqvZ© Av‡jv- Avuav‡i g‡b n‡jv G †hb GK wecyj A¯¿fvÛvi|  Pviw`‡K † ‡L coj iKgvwi wbh©vZb mvgMªx| †jvnvi io, m~uB, BU, Kv‡Vi Z³v, †eq‡bUhy³ ivB‡dj BZ¨vw`| mewKQyi e¨enviB PjZ a„Z e¨w³‡`i Ô¯^xKv‡iv³xÕ I ÔwRÁvmvev`Õ MªnYKv‡j| nVvr †`wL GK m‡Rvi jvw_i AvNv‡Z hyeKwU dzUe‡ji g‡Zv Mwo‡q †Mj, Avi cvke AÆnwm‡Z Iiv †hb †d‡U coj| Avgvi `vwq‡Z¡ wb‡qvwRZ evw³wU GK wbtk¡v‡m GKivk cªkœ Qy‡o ÔwVKwVKÕ Reve bv w`‡j Avgvi cwiYwZ Av‡iv fqen n‡e GB g‡g© mveavb K‡i w`j| K_v¸‡jv wQjt Ôev‡ci evox BwÛqv †_‡K KLb G‡mQ; Kx Kx G‡b‡Q; †Zvgvi cvwU©i Avi me †bZviv †Kv_vq Av‡Q; kn‡i Kx `vwqZ¡ cvjb Ki; KvMRcÎ- Kkv †Kv_vq †i‡LQÕ BZ¨vw`| ejjvgt ÔAvwg KL‡bv fvi‡Z hvBwb, GZw`b Mªv‡gi evwo wQjvg ; MZ Pvi gvm †_‡K kn‡i †ckvMZ Kv‡R e¨¯Z|Õ jvw_ av°v-Nywl A¯¿ e¨envi Ki‡jv Ô¯exKv‡ivw³Õ cª`v‡bi R‡b¨| Avwg

`„pfv‡e ejjvg| ÔGi †P‡q †ewk Avi wKQy Avgvi ejvi †bB |ÕÕ GKUz c‡i i“‡g wb‡q G‡jv| Avmvi

mgq ejjt †Zvgv‡K ÔAvmj RvqMvqÕ cvVv‡Z n‡e|

`yw`b ci †`Ljvg nVvr Ôe`icyix‡ZÕ n¯ `— ¯— †kvi‡Mvj wPrKvi c o‡Q| †ek KRb‡K wewfbœ

i“g †_‡K wb‡P G‡b GK U«v‡K DVv‡bv n‡jv, Avgv‡KI| ejj ÔGevi †mvRv RvbœvZÕ D‡V ‡`wL Avgvi `yRb wewkó eÜz b¨vc †bZv byi“bœex mv‡ne Avi mvBdzÏxb Lvb| Aci `yRb mvsevw`K †gQevn Lvb I gyw³‡hv×v †mwjg| PovB-DrivB n‡q U«vKwU †hb †Kvb GK DuPz RvqMvq _vgj| †Kvb GK †mbvQvDwb g‡b n‡jvt ˆmb¨iv D`y©‡Z K_v ejwQj| GKRb ivMZ ¯e‡i ejjt mgy‡`ª †d‡j bv w`‡q GLv‡b †Kb? Ab¨Rb ejjt ÔÔ nu¨v gvQwj- Kv †LvivK, gvQwj Lvn‡j‡Z, AvIi nvg jvM gvQwj Lvn‡K ‡gvUv †nv‡Z|ÕÕ G‡`i K_vi duv‡K eySjvg Avgv‡`i ÔmvwK©U nvDm QvDwb‡ZÕ Avbv n‡q‡Q| gbUv †hb AvuZ‡K DVj nVvr| ZL‡bv Avgv‡`i nv‡Z G evwoi K‡Zv bv Z_¨ ÔÔ B‡jKwU«K †Pqv‡iÕÕ kK w`‡q cªwZw`b gvbyl gviv n‡”Q GLv‡b| G‡`i MYKe‡ii Qwe m¤úªwZ Avgiv msMªn K‡iwQ| fvejvg, mgq wK Z‡e G‡Kev‡e dzwi‡q G‡jv! Gi g‡a¨ GKRb ˆmwbK U«v‡K D‡V Avgv‡`i bvg-avg Z_¨ wjLwQj| GKRb

e`i †mbv ejj †Kvb wgwUs Gi gvSLv‡b †_‡K Avgv‡K a‡i‡Q| ÔÔ Avwg ejjvgt wgwUsUv wK Avwg GKvB KiwQjvg? Ab¨ †jvK¸‡jv Z‡e †Kv_vq †Mj?ÕÕ ˆmb¨wU ejjt ÔÔAv‡i e`ix B‡q †Zv wejKzj

wVK evr Ze Amwj evr †Kqv n¨vq evZvI|ÕÕ †m AvgZv AvgZv K‡i K_v LuyRwQj| ˆmb¨wU AU«nvwm‡Z

ejj, ÔÔ †Kqv evr n¨vq evnv`yi RIqvb?ÕÕ AvgivI m‡Rv‡i †n‡m DVjvg|

nVvr Av‡`k G‡jv Avgv‡`i †diZ wb‡q hvIqvi| Pviw`‡K Qy‡UvQywU Avi wPrKvi| KzrwmZ fvlvq MvjvMvj, ivMZ ¯e‡it eySjvg, Ôevnv`yi wmcvB‡`iÕ AvR Ôgyw³i ev”PvivÕ †evanq †ek fvj gviB w`‡q‡Qt Gevi †nv‡Uj Wvwjg bq; PU«Mªvg KvivMvi| AviI `yevi wRÁvmvev‡`i ZvwiL †cjvg| wKš‘ Iiv Avcb cªvY euvP‡ZB e¨¯Z ZLb|

Ae‡k‡l G‡jv †m KvswLZ weRq w`em †lvjB wW‡m¤^i Dwbkk GKvËi| wKš‘ Av‡Rv wK n‡q‡Q evOvwji `yt¯e‡cœi Aemvb?Ó (emphasis supplied)

If we read the oral and documentary evidence

regarding descriptions of brutality committed in hotel Dalim and we have no hesitation but to draw conclusion that the appellant and his accomplices are

responsible for the holocaust committed in Dalim Hotel. It is proved beyond all shadow of doubt from the evidence of P.Ws. 1, 2,3, 4, 5, 6, 7, 8,9, 10, 11, 14, 15, 16, 17, 18, 19 and 20 and from the contents of material exhibit-VI that the Dalim Hotel was used as one of the torture cells of Badar Bahini, Chittagong and the appellant was in command position of that brutal force.

ACTIVITIES OF BADAR BAHINI

Let us see the news items regarding the activities of Al-Badar Bahini which were published in the different news paper subsequent after 16th

December, 1971:

23.12.1971

The Observer

“Al-Badar leader held-

“Abdul Khaleque, a collaborator of the notorious fascist Al- Badar Bahini was caught on Wednesday in Rampura. He disclosed the names of nine Al- Badar members who conducted the cold blooded murders of the intellectuals in the city prior to the shamefull surrender of the occupation arms.”

29.12.1971

The Morning News.

“Nazmul Huq: Victim of Badar Bahini.”

26.12.1971

The Dainik Pakistan/ Bangla ÒKzL¨vZ Avj e`i evwnbx

G‡`i awi‡q w`b|Ó

18.12.1971

The DainiK Purbadesh

ÒKzL¨vZ Avj e`i evwnbx wkKvi H me eyw×Rxweiv AvR †Kv_vq?Ó

20.12.1971

The Dainik Purbadesh Ògvb‡ewZnv‡mi RNY¨Zg Aciv‡ai wePvi PvB |Ó

28.12.1971

The Dainik Purbadesh

ÒI‡`i Lyu‡R †ei Ki‡Z n‡e| Ó

Ò`Lj`vi cvwK¯ v— bx evwnbxi †hvMmvRmKvix I evsjv‡`‡ki KwZcq Kz-mš v— ‡bi †bZ…‡Z¡ Avj- e`i, Avj- kvgm I †iRvKvi evwnbx †mvbvi evsjvi Ávb cª`xc eyw×Rxwe‡`i nZ¨vi Rb¨ hviv `vqx Zv‡`i Luy‡R  †ei Kivi I we‡kl U«vBey¨bv‡j wePvi Kivi `vex D‡V‡Q| Ó

19.12.1971

The Dainik Purbadesh ÒGB b„ksm nZ¨vKv‡Ûi Reve wK ?Ó

Gikv` gRyg`vi

BwZnv‡mi N„Y¨Zg nvbv`vi cvK evwnbx I Zv‡`i c`‡jnx Avj-e`i I Avj kvgm ¯^vaxbZvi

†mvbvjx j‡Mœ †kl ev‡ii g‡Zv wnsmª †Qvej †g‡i wPiw`‡bi g‡Z †K‡o bw‡q‡Q Avgv‡`i RvwZi Áv‡bi D¾¡j cª`xc cªvq `y‡kv eyw×Rxwe, wk¶vwe` I mvsevw`K‡K|

¯^vaxbZvi Dò Av‡jvi avivi mèvb K‡iI Avgviv AvR Av‡jvi Afve Abyfe KiQ|

wKš y — g‡b cªvb Rv‡M Avgiv wK BwZnv‡mi GB b„ksmZg nZ¨v Kv‡Ûi Reve L~‡R cve bv?

‡Kb GB nZ¨vKvÛ? ev½vjx Rvw‡Z‡K Áv‡bi Av‡jv †_‡K ewÂZ Kivi Rb¨?

evsjvi eyw×Rxwe, mvsevw`K I wk¶vwe`‡`i GB nZ¨v K‡Ûi mv‡_ RwoZ KzL¨vZ K‡b©j BRvR I we‡MªwWqvi ikx` GLb †Kv_vq? GB bicky‡`i wK †MªdZvi Kiv n‡q‡Q?

evsjv gvby‡li GB Áv‡bi cª`xc bqbgwb‡`i †kl gyû‡Z© wbwðZ Kivi Rb¨ `vqx †Rbv‡ij wbqvwRi wei“‡× wK Awf‡hvM Avbv n‡q‡Q?

cªkœ D‡V‡Q GKUvRvwZ‡K wbwðn“ Kivi Rb¨ wbqvRx †Mvôx †h D‡`¨M MªnY K‡i‡Q Ges BwZg‡a¨ hv‡`i nZ¨v Kiv n‡q‡Q †mB Awf‡hv‡M Zv‡`i wei“‡× hy× Aciv‡ai Awf‡hvM Avbv n‡e bv †Kb?

Avš R— vwZ©K †iWµm jxMe¨vcv‡i wK †Kvb D‡`¨M Mªnb Ki‡Z cv‡ib bv ? ï‡bwQ †nv‡Uj B›UviK‡g Ae¯nvbiZ †iWµm Kg©KZ©vi wbnZ A_ev GLbI wb‡L uR 155 Rb eyw×Rxwei bvg †c‡q‡Qb|

23.12.1971

The Dainik Purbadesh

ÒAvj e`‡ii bi wcPvkiv I‡`i ürwcÛ †U‡b †ei K‡i‡Q ?Ó

XvKv, 22‡k wW‡m¤^i| - MZ 1jv wW‡m¤^i †fvi PviUvi , ag©vÜ Avj-e`i evwnbxi GKRb --- ‰mq` bvRgyj nK , mv‡eK wcwUAvB Gi Pxd wi‡cvU©vi Ges ---- --- i I digvb Avjxi cªZ¨¶ Z`viwK‡Z

KzL¨vZ e`i evwnbxi evsjvi kZ kZ eyw×Rxex‡K GKB Dcv‡q AcniY K‡i Ges Zv‡`i Dci

AgvbywlK wbh©vZ‡bi ci nZ©¨v Kv‡i| evsjvi GB me m~h©¨ mš v— b‡`i Lybxiv cª_‡g †gvnvg¥`cyi¯’ wdwRK¨vj †U«wbs ¯‹z‡j wb‡q hvq Ges iv‡qi evRv‡ii BU‡Lvjvi Kv‡Q ea¨f~wg‡Z wbôzifv‡e nZ¨v K‡i| ˆmq`bRgyj n‡Ki fv‡M¨ GB N‡U‡Q|

Rbve n‡Ki g„Z‡`n GL‡bv Luy‡R cvIqv hvqwb Z‡e †h me nZfvM¨ †`i g„Z‡`n Luy‡R cvIqv †M‡Q Zv‡`i kix‡i AK_¨ wbh©¨Z‡bi wPn“ †`Lv †M‡Q| Kv‡iv bvK †K‡U †`qv n‡q‡Q| Kv‡ivi nvZ, Av½yj, Kv‡iv eyK wP‡i bi-cïiv †ei K‡i‡Q ürwcÛ| Kv‡iv †`‡n dvwj dvwj KvUvi `vM| wcPvkiv Kv‡iv gyL cywo‡q w`‡q‡Q GwmW w`‡q|

kZvwaK we‡`kx mvsevw`K †`L‡Z wM‡qwQ‡jb GB bviKxq nZ¨vKvÛ|wcPvk‡`i GB i³wccvmv †`‡L Zviv ¯ w— ¤¢Z n‡q evKi“× n‡q †M‡Qb| Zviv e‡jb we‡k¡i BwZnv‡m Gi“c wbôzi ai‡bi nZ¨vhÁ GB cª_g|

GKRb we‡`kx mvsevw`K Gi“cI e‡j‡Qb, ÒAvgiv †h gvbyl Zv G †`‡L wek¡vm Kivi †Kvb

Dcvq ‡bB| wb‡R‡`i gvbyl e‡j cwiPq w`‡ZI Avgv‡`i j¾v nIqv DwPZ|Ó

05.01.1972

The Dainik Purbadesh

Òe`i evwnbxi wkKvi AviI mvZRb eyw×Rxexi jvk D×vi Ó ÒbicïwU †Mvi¯ v— ‡bi cv‡k `vuo Kwi‡q ¸jx K‡i Zvu‡`i †g‡i‡Q| Ó

27.12.1971

The Dainik Azad

ÒAvi GKUv mßvn mgq †c‡j Iiv ev½vjx eyw×Rxex‡`i mevB‡K †g‡i †dj‡Zv|Ó

Òe`i evwnbxi gvóvi c−vbÓ

ÒwbR¯^ wbeÜKviÓ

cvwK¯ v— bx nvbv`vi evwnbxi MYnZ¨vq mvnvh¨Kvix `j¸‡jvi g‡a Rvgv‡Z Bmjvgxi f~wgKv wQj me‡P‡q N„Y¨ I RNY¨| gI`y`x †Mvjvg AvRg- Ave`yi iwn‡gi †bZ…‡Z¡ cwiPvwjZ Rvgv‡Z Bmjvgx evsjv‡`‡ki ¯^vaxbZv msMªv‡gi ïay ‡NviZi we‡ivwaZvB K‡iwb- j¶ j¶ ev½vjx‡K cvBKvixfv‡e nZ¨vi Kv‡R mwµq mn‡hvMxZvI K‡i‡Q| Avi GB RNb¨ nZ¨vKv‡Û mn‡hvwMZv Ki‡Z wM‡q Zviv cweÎ Bmjv‡gi bvg e¨envi K‡i‡Q| a‡g©i bv‡g GZeo RNb¨ ee©iZv mf¨ `ywbqvi Avi †Kvb †`‡k KLbI msNwUZ K‡i‡Q e‡j KL‡bv ïbv hvq w |

nvbv`vi cvwK¯ v— bx evwnbxi wbwe©Pv‡i MYnZ¨vi mwµq mn‡hvwMZv K‡iB Rvgv‡Z Bmjvgx ¶vš— nqwb- evsjv‡`‡ki eyw×Rxex mgvR‡K m¤ú~Y© wbg~©j Kivi D‡Ï‡k¨ Zviv M‡o Zz‡j wQj GK

¸ß mš¿vmev`x msMVb e`i evwnbx bv‡g hv me©mvavi‡bi wbKU cw wPZ wQj| cvwK¯ v— bx

nvbv`vi evwnbxi AvZ¥mgc©‡bi †kl gyû‡Z© GB e`i evwnbx eû msL¨K eyw×Rxex‡K iv‡Zi AÜKv‡i a‡i wb‡q b„ksmfv‡e nZ¨v K‡i‡Q G Lei GLb mevB †R‡b †M‡Q| ---------Ó     

19.12.1971

The Dainik Pakistan 

ÒkZvãxi RNY¨Zg nZ¨vKvÛ msNwUZ K‡i‡Q, 

ÒAvj- e`i ee©i evwnbx Ó

eû jvk D×vi|

‡Kvb fvlvq cªKvk Kie

ÒAvj- e`i cï‡`i GB b„ksmZv | Ó

(evsjv‡`k wi‡cvU©vi)

Ò¯^vaxbZvi Avb›` D”Qv‡¯^i gv‡S MZKvj kwbevi evsjv‡`‡ki i Ravbx XvKv bMix‡Z 

†kv‡Ki Qvq †b‡g Av‡m| gyw³i Av›`b‡K Qvwc‡q I‡V Kvbœvi †ivj| kZvãxi RNb¨Zg nZ¨vKvÛ msNwUZ n‡q‡Q XvKv bMix I evsjv †`‡k MZ †deª“qvix †_‡K| Zv Avevi Pi‡g D‡VwQj gyw³i c~e©¶‡Y| 

 GB b„ksm nZ¨vKvÛ Pvwj‡q‡Q MZ mßvn a‡i Rvgv‡Z Bmjvgxi Avj e`i|

kn‡ii K‡qKRb eyw×Rxex I hyeK‡K G‡K G‡K a‡i wb‡q wM‡q AgvbywlKfv‡e nZ¨v  

K‡i----- Ó

19.12.1971

The Dainik Pakistan  

Ò‡Kvb fvlvq cªKvk Kie ÒAvj e`iÓ cï‡`i GB b„ksmZv Ó

              (evsjv‡`k wi‡cvU©vi)

Ò‰`wbK evsjv Mfxi †e`bv Ges †¶v‡ci mv‡_ Rvbv‡”Q ‡h, Avj- e`i Ges Avj kvgm evwnbx wnsmª kvc‡`i bLi we¯ v— i K‡i msNe×fv‡e MZ K‡qKw` b Avgvi †`‡ki eû msL¨K MY¨ mvsevw`K, mvwnZ¨K kwk¶K, wPwKrmK AvBbRxex I Qv·K b„ksmfv‡e nZ¨v K‡i‡Q| MZ K‡qK

gvm hver nvbv`vi cvK evwnbxi mn‡hvMx d¨vwm÷ Rvgv‡Z Bmjvgx Ges Ab¨vb¨ DMª `w¶Ycš’x `‡ji msMwVZ Avj - e`i I Avj- mvgm evwnbx evsjv †`‡ki AwaK…Z GjvKvq ga¨hyMxq ee©iZvi †P‡qI wbôzi ZvÛe jxjv Pvwj‡q hvw”Qj nvbv`vi evwnbxi Pig civR‡qi cªv‡š— G‡mI Zviv Zv Ae¨vnZ †i‡LwQj| Av‡Mi †P‡q AwaKZi bviKxq Dj−vm wb‡q Zviv Svuwc‡q co‡j, Avgvi †`‡ki mvsevw`K, mvwnwZ¨K, wPwKrmK, wk¶K I AvBbRxe‡`i Dci nvbv`vi cvK evwnbxi wei“‡× wgÎevwnbxi Pig ch©v‡q msMªvg ïi“ nIqvi ci Zviv evox evox nvbv w`‡q a‡i wb‡q †M‡jv wcªq ¯^Rb‡`it Avgvi

†`‡ki †mvbvi mš v— b‡`i| ---------- Ó

19.12.1971

The Dainik Ittefaq Ò‡mvbvi evsjvi b„ksmZg nZ¨vhÁ|Ó

Òmvsevw`K, mvwnwZ¨K Aa¨vcK wPwKrmK I eyw×Rxexmn kZvwaK †mvbvi `yjvj wbnZ|Ó 05.01.1972

The Dainik Ittefaq ÒbiwcPvk‡`i Øiv AcüZ AviI KwZcq eyw×Rxei MwjZ jvk D×vi|Ó

12.01.1972

The Dainik Ittefaq Ò`yBwU inm¨gq K~c

eyw×Rxex‡`i nZ¨vi in‡m¨i bqv m~Î?|Ó

19.12.1972

The Dainik Ittefaq  

Òb„ksmZg nZ¨vhÁ

Bnviv GLbI  wb‡LvuR| Ó

(B‡IdvK wi‡cvU©)

Ò`Lj`vi cvK mvgwiK evwnbxi c¶cyó ee©i e`i evwnbxi b„ksm I BwZnv‡mi RNY¨Zg

nZ¨vh‡Ái wkKvi evsjv †`‡ki AMwYZ cªwZfvi g‡a¨ MZKj¨ (iweevi) ch©š— Aa¨vcK gybxi †PŠayix, XvKv wek¡we`¨vj‡qi †iv‡Kqv n‡ji cª‡fvó †eMg AvLZvi Bgvg mn AviI K‡qK R‡bi jvk ea¨ f~wg nB‡Z mbv³ I D×vi Kiv nBqv‡Q| B‡Ëdv‡Ki Kvh©¨wbe©vn m¤úv`K Rbve wmivRyÏxb †nv‡mb, ˆ`wbK msev‡`i hyM¥ m¤cv`K Rbve knx`yj−vn K qmvi, Aa¨vcK †gvdv¾j nvq`vi †PŠayix cªgyLmn †mvbvi evsjvi cªwZfvm¤úbœ eû † mbviv mš v— ‡bi AvRI †Kvb mÜvb wg‡j bvB| †Kn †Kn GLbI Abygvb Kwi‡Z‡Q †h, ea¨fzwgi cvk¡©eZx© mvZ gmwR‡`i mw›`KU¯— GjvKvq NvZK‡`i †Kvb AÜ cª‡Kv‡ó AcüZ‡`i †Kn †Kn nq‡Zv RxweZ Av‡Qb| Z‡e GB GjvKvq wMqv GLbI †Kvbi“c AbymÜvb Pvjv‡bv m¤¢e bq| Ó

09.01.1972

The Dainik Purbadesh Òea¨f~wg wkqvjevox

Ògxicy‡ii DcK‡Ú †Svc-Svo I cvZKzqvq nvRvi nvRvi biKsKvj cvIqv †M‡Q| Kvj e„n¯cwZevi ¯’vbxq GKRb †jv‡K Lei †c‡q Avgiv AKz¯nj cwi`k©b K‡i G‡mwQ| GB GjvKvi e‡b-ev`v‡o- jvk AmsL¨ KsKvj Qwo‡q wQwU‡q Av‡Q| cvwK¯ ‡— bi nvbv`vi `my¨ evwnbx I Zv‡`i m‡½vcv½‡`i KzL¨vZ Avj e`i I gyRvwn` evwnbx GB ¯’vbwU‡K ea¨f~wg wn‡m‡e wbe©vPb K‡iwQj e‡j g‡b n‡q|

ea¨f~wgi bvg wkqvjevox| GKKv‡j †h GLv‡b Rbc` wQj Zv AvR †evSvi Dcvq †bB| we¯ x— Y© AÂj †SvcSvo I jZvcvZvq †Q‡q Av‡Q| c_NvU `y‡Mv©g ïay i‡³i ¯^v¶i Mv‡q wb‡q BwZnv‡mi Ki“Y Kvwnbx n‡q wb‡Ri aeske‡k‡li Ici `vwo‡q Av‡Q  wkqvjevoxi Mªvg| ------ ------- wkqvjevox M«v‡g GKw`b hviv my‡Li bxo †e‡awQ‡jb Zviv †KD †bB| Lvb †mbv I KzL¨vZ e`i- gyRvwn` evwnbxi ˆcPvwkK AZ¨vPv‡ii f‡q †KD nq‡Zv cªvY wb‡q cvjv‡Z †c‡i wQ‡jb, †KD cv‡ib

wb| Zv‡`i Qvov evB‡ii AmsL¨ †jvK‡K †h ILv‡b wb‡q b„ksm wbwe©Pv‡i nZ¨v K‡i‡Q Zvi my¯có wPý GLv‡b we`¨gvb---Ó

23.01.1972

The Dainik Sangbad ÒGKvš ‡— ii evsjvqÓ

Ò knx`yj Bmjvg Ó

 Ò¯^vaxbZv| DËß i‡³i e`‡j ¯^vaxbZv i‡³i mvMi nv‡Z Zz‡j Avbv ¯^vaxbZv|

†bK‡oi  gyL  n‡Z  wQwb‡q  jIqv  ¯^vaxbZv|  G  GKwU  BwZnvm|  GKwU  b„ksm  ee©iZvi BwZnvm|  wbg©g I wbôzi  BwZnvm| GKwU Ki“b BwZnvm| †e`bvi BwZnvm| mf¨Zvi

RNb¨Zg Aa¨v‡qi ˆckvwPK BwZnvm| j¾vi BwZnvm| N„Yvi BwZnvm| KZ Rxeb| KZ

cªvY| KZ cªwZfv| ¯^vgx-evc- cyÎeay ¶q †M‡Q| ¶q n‡q †M‡Q KZ beRvZ wkï| ewji

wkKvi n‡q‡Q jvL jvL gv‡qi mš v— b| UzK‡iv UzK‡iv K‡i KvUv n‡q‡Q Zv‡`i| kvb †`qv

ewU‡Z RevB Kiv n‡q‡Q| iv¯ v— q    iv¯ v— q †e‡q‡b‡Ui †LvuPvq †LvuPvq wP‡o wP‡o cªvY †bqv n‡q‡Q KZ Kzjeayi| DËi muvovkx w`‡q wRnev †U‡b †ei Kiv n‡q‡Q - †PvL Dcwo‡q †djv

n‡q‡Q KZ wbixn gvby‡li| nvZ- cv- bvK -Kvb †K‡U †K‡U GKUv exfrm | gvby‡l gvbyl

gv‡i | nZ¨v K‡i| RevB K‡i| mf¨Zvi GwK cwigvb? gv‡qi eyK †_‡K wQwb‡q wb‡q‡Q KZ

wkï KZ hyeK KZ hyeZx| KZeay n‡q‡Q ¯^vgx nviv| ¯^vgx n‡q‡Q eaynviv Avi mš v— b m¤¢ev gv‡K AvQ‡o AvQ‡o gviv n‡q‡Q| MjvwU‡c nZ¨v Kiv n‡q‡Q KZ evc‡K|

‡mB 25‡k gvP© | †mw`b †_‡K ïi“ n‡jv nZ¨v| `xN© 10wU gvm Pvjv‡jv nZ¨vjxjv|

Iiv KvD‡K LvwZi K‡iwb| ¶gv K‡iwb| kªwgK-K…lK- mvsevw`K mvwnwZ¨K-Wv³vi-Aa¨vcK- ivRbxwZwe`- QvÎ-hyeK Z_v evsjvi Avevjey×ewYZv mKj‡KB nZ¨v K‡i‡Q| ee©i ‰mb¨‡`i mn‡hvMx Avj-e`i, wPZvi gZ †PvL--- A`„k¨ nvZ| GLv‡b ¸i“Zi gv †evb‡K  R¨vš— cy‡o‡Q| gvwU‡Z cy‡Z ˆcPvwkK AZ¨vPvi Pvwj‡q‡Q| Zvi K‡Úi wPrKvi gg©‡f`x AvZ©bv`

AvR I cw_K‡K w`‡knviv K‡i| fzwj‡q †`q|

¯ yc— ¯ yc— nvo BZ¯ Z— c‡o Av‡Q| nvRvi eQi ci †Kvb cªZœZvwZ¥ hw` Lbb Pvjvb

Z‡e Lyu‡R cv‡e DwbkÔ k GKvˇii evsjvi i“c| †Kvb BwZnvwmK hw` BwZnv‡mi wiPvm©

K‡i Z‡e L~u‡R cv‡eb †Pw½k, ˆZgyi, wnUjvi, g~‡mvwjbx---Ó

The Guinness Book of Records lists the Bangladesh Genocide is one of the top genocides in

the 20th Century. It was one of the worst genocides

of the world. “There is no doubt that mass killing in Bangladesh was among the most carefully and centrally

planned of modern genocides. For month after month

in all the regions of East Pakistan the massacres

went on. They were not the small casual killings of young officers who wanted to demonstrate their efficiency, but organized massacres conducted by sophisticated staff officers, who knew exactly what they were doing. Muslim soldiers, sent to kill Muslim peasants, went about their work mechanically and efficiently until killing, defenseless people became a habit like smoking cigarettes or drinking wine---- Not since Hitler invaded Russia had there been so vast a massacre” (Robert Payne). Those “willing executioners” were fuelled by an abiding anti-Bengali racism, especially against Hindu minority.”

Facts

This statutory appeal is directed from a

judgment of the International Crimes Tribunal No.2 convicting the appellant Mir Quashem Ali in respect of charge Nos.2, 3, 4, 6, 7, 9, 10, 11 and 14 analogously and sentencing him to 20 years in respect of charge No.2; 7 years in respect of other charges except charge No.11 in which he is sentenced to death and also convicting him in respect of charge No.12 by majority and sentenced to death. He was acquitted in respect of the charge Nos.1, 5, 8 and 13.

Charge No.2

This charge is as follows:

‘The on 19 November, 1971 at about 2.00 p.m. during the War of Liberation you Mir Kashem Ali being the President of Islami Chhatra Sangha, Chittagong Town Unit and or a member of group of individuals and under your leadership Victim Lutfar Rahman Faruk and Seraj were abducted while they were staying in the house of Mr. Syed At 35 Bokshirhut ward under Chaktai area of Baklia Police Station by Pakistani invading force and members of Al-Badar Bahini. They were taken to Mohamaya Hotel popularly known as Dalim Hotel Torture Cell at Andarkilla under Kotwali Police Station organized by you. In your presence and instigation they were tortured there. Victim Lutfar Rahman Faruk was taken outside thereafter to identify houses of pro-liberation activists and were set fire on those houses. Keeing Lutfar Rahman Faruk under torture for 2/3 days at Dalim Hotel, was handed over to Circuit House under control of Pakistani occupation force where he was again tortured and then sent to Chittagong jail. Thereafter, Faruk was freed after 16th December, 1971.

Therefore, you are hereby charged for abetting and facilitating commission of offences of abduction, confinement and torture as crimes against humanity and thereby you have substantially contributed to the actual commission of offence of crimes against humanity as specified in section 3(2)(a)(g)(h) of the International Crimes Tribunal Act of 1973, which are punishable under section 20(2) of the Act. You are also liable for commission of above offences under Section 4(1) and 4(2) of the Act.’

In support of this charge, the prosectuion examined one witness , the victim P.W.20 Lutfur Rahman Faruk. From the evidence of P.W.20, it appears that he is a Science Graduate and in 1971 he was aged at about 22 years. In his evidence, he stated that about 3 p.m. on 19th November, 1971 the members of Al-Badar bahini, Al-Shams and Pak army surrounded their shelter where Munsurul Haque Chowdhury, Abul Kalam, freedom fighter Seraj and this witness were gossiping. At that time, his mother called him. He opened the door and found the members of Al-Badar bahini and Pak-army in front of the door. Siraj and this witness tried to flee away but they ordered, “Hands Up” and he stood up. Abul Kalam fled away. Confining Shiraj and this witness, they brought them in hotel Dalim where he found Mir Quashem Ali and another person. This witness found many people confined in hotel Dalim. As per direction of Mir Quashem Ali, members of Badar bahini locked up him

in blindfolding condition. They, pursuant to the order of Mir Quashem Ali, tortured this witness whole night by electric wire. At one stage, he became senseless. When he was brought to hotel Dalim he requested the appellant to give him a glass of water

to  for  “Ifter”  since  he  was  fasting but  the appellant directed to give urine instead of water.

Mir Quashem Ali uttered, Ô†Zv‡`i Avevi †ivRv wK‡mi, I‡K cªkªve `vI LvIqvi Rb¨Õ . He said that he was kept confined for about

7 / 8 days. Every day members of Badar bahini tortured this witness inhumanly and did not allow him

to have food regularly. He said that Mir Quashem Ali

was the leader of Badar Bahini camped in hotel Dalim.

He was brought to Circuit house and keeping him confined the army tortured him brutally. At one stage, he was brought to a room behind circuit house where he saw deadbodies of 400-500 people. He saw a killer killing a young man there. He also attempted

to kill this witness. This witness added that due to inhuman torture he became impotent. (saying so, he started crying on dock). 

In his cross-examination, he said that Hotel Dalim is situated about 1½ Kilometer off from his

house. On 19.11.1971, Mir Quasem Ali was the President, Islami Chhatra Sangha of Chittagong Town Unit. To answer a question put by the tribunal, this witness said that he knew Mir Quashem Ali as student leader before his arrest on 19.11.1971. He denied the defence suggestion that he did not see the appellant Mir Quasem Ali in Dalim Hotel and that at his instance the members of Al-Badar Bahini tortured this witness through out the whole night and he lost his senses. He also denied the defence suggestion that he did not request the members of Al-Badar Bahini to give him some water since he was fasting and that Mir Quashem Ali directed to give him (witness) urine instead of water.