Ghulam Azam gets 90 yrs in jail to serve unto death

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Ghulam Azam being taken to ICT before pronouncement of verdict against him Monday — FE Photo

The International Crimes Tribunal-1 sentenced nonagenarian retired Jamaat-e-Islami ameer Ghulam Azam to 90 years to serve the jail term unto death on Monday for his crimes against humanity during the 1971 Liberation War, reports UNB. Keeping the nation waiting for 88 days since the trial proceedings were over, Justice ATM Fazle Kabir, chairman of the three-member tribunal, flanked by the two other members Justice Jahangir Hossain and Justice Anwarul Haque, pronounced the verdict at about 1.45 pm in a crowded court amid tight security. Giving explanations over its humanitarian stance taking a lenient view over sentencing the former chief of Jamaat-e-Islami, identified as criminal outfit, the tribunal said detained Ghulam Azam deserves capital punishment for the crimes, including genocide he had committed siding with the Pakistani junta in 1971 as the prosecution proved all the charges beyond any reasonable doubt, but the fact remains that he is now running 91 and suffers from geriatric complications. The accused is found guilty of all the five charges and will serve a 90-year jail term consecutively or unto death, said the tribunal order. A 65-page summary of the 243-page verdict was read out in phases with the convict in the dock defying the daylong hartal enforced by his Islamist party Jamaat-e-Islami. During the delivery of the judgment, Ghulam Azam was in the dock sitting on an armed chair wearing white panjabi and sky-blue check lungi with cotton stitched cap on head and off-white sleeper putting aside. "Ghulam Azam's case is a unique one. He was not physically present during these crimes but he has been accused of being the main man and the overseer of the war crimes during 1971," said Justice A T M Fazle Kabir, chairman of the three-member tribunal before pronouncing the judgment. On May 13 last year, the tribunal indicted self-confessed Pakistan collaborator (exonerated) Ghulam Azam for his involvement in crimes against humanity during the Liberation War. The charges against him include involvement in murder and torture of unarmed people, conspiracy, planning, incitement and complicity to commit genocide and crimes against humanity during the war in collaboration with Pakistani junta and its auxiliary forces like Razakar, peace committees, Al Badr and Al Shams. A total of 90 years jail terms were awarded to Ghulam Azam on five counts of charges such as Conspiracy-10 years, Planning -10 years, Incitement-20, Complicity-20 years and murder of SI Shiru Mia and others- 30 years. The tribunal had considered the five charges under 61 counts of crimes against humanity as proposed by the prosecution which fall under section 3 (2) and 4 (2) of the International Crimes (Tribunals) Act 1973. A total of 17 prosecution witnesses, including the investigation officer, testified against Ghulam Azam while son of the accused, Brig Gen (dismissed) Abdullahil Amaan Azmi, was the only defence witness for him. On January 11 last year, Ghulam Azam appearing in the dock on court's order was sent to Dhaka Central Jail after the tribunal rejected his bail prayer. The same day, he was taken to the prison cell at the Bangabandhu Sheikh Mujib Medical University Hospital (BSMMUH) for medical check-up and since then, he has been locked there. Chief prosecutor Golam Arif Tipu, prosecutors Syed Haider Ali, Dr Tureen Afroz, Zead Al Malum and Sultan Mahmud Simon jointly conducted the case while Barrister Abdur Razzaq, Mizanul Islam, Kafil Uddin Chowdhury, Tajul Islam and Barrister Emran Siddiq stood for accused Ghulam Azam. Emerging from the tribunal, son of convict Ghulam Azam Brig Gen (dismissed) Abdullahil Amaan Azmi told UNB that he would file appeal before the Appellate Division of the Supreme Court, terming the judgment 'not proper'. Meanwhile, Additional Attorney General and coordinator of the ICT prosecution team MK Rahman told UNB that they would go for appeal after getting the judgment at hand as the conviction has already done. The tribunal in its judgment identified Jamaat-e-Islami a criminal outfit. It said as its former ameer Ghulam Azam and his most members of Jamaat-e-Islami and its followers had turned into Peace Committee (collaborators), Razakar, Al Badr and Al Shams-the auxiliary forces of Pakistan occupation army-during the Liberation War in 1971, to actively thwart the liberation forces. The Al Badrs had spearheaded execution of the intellectuals of Bangladesh just days before the victory on Dec 16, 1971. The criminal acts of Ghulam Azam had resulted in the killing of 3.0 million people and loosing the chastity of 0.2 million women and displacing millions of freedom-loving Bangalees from homes during the liberation war, said the tribunal, adding that besides over 10 million people had taken refuge in neighbouring India during the nine-month war against Pakistan occupation forces. The tribunal said as a civilian superior, Ghulam Azam planned, hatched plots, incited and had complicity in the war crimes committed during the Liberation War in 1971. Ghulam Azam, held a high position among civilians and he being in a position of command, was liable for the crimes of his subordinates as he not only failed to prevent or punish them, he incited and encouraged them instead. Evidence shows Ghulam Azam met then governor of East Pakistan Lt Gen Tikka Khan and President of Pakistan Gen Yahya Khan several times, said the tribunal. He had formed auxiliary forces of the Pakistani army and delivered statements against the Liberation War, the tribunal added. This is the second judgment delivered by the ICT-1. On Feb 28, this year, the tribunal sentenced nayeb-e-ameer of Jamaat-e-Islami Delwar Hossain Sayedee to death for war crimes.