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Tribunal
Advocate Tajul on the hearing of an application of discharge: No relation of accusation brought against Nizami with reality
Tuesday, 17 April 2012
Accusation of war crimes, crimes against humanity committed during 1971 brought against Jamaat Ameer, previous Minister Moulana Motiur Rahman Nizami has not been proved as related with the reality by the prosecution and nothing of 15 accusations has been brought against him specifically by the prosecution ifso facto these are baseless. So discharge of Moulana Moitur Rahman is the claim and demand of justice. Lawyer of Moulana Motiur Rahman, advocate Tajul Islam said these above things before the International tribunal on yesterday, Sunday and such hearing was held with the presence of Justice Nizamul Hoque, Justice Anwarul Hoque and  Justice A K M Zaheer Ahmed in tribunal-1. Senior Advocate Barrister Abdur Razzaq will conduct more hearing on today, Monday.
In the hearing of the yesterday, Advocate Tajul Islam said, “Jamaat-e-Islami congratulated the Awami League as the party gaining majority in the 1970 election and congratulated the members of the National Council and Motiur Rahman Nizami threw a demand to the president of Pakistan for  handing over the power to the party gaining majority (Awami League)  as the political and constitutional crisis was created  during that time because of canceling the  national council session predetermined on  March 1, 1971. But the proposal of him was rejected. He also applied to save the bare and shelter less people from the torture of military force. He showed the acute protest against the torture of military but the speech of him was not published in the newspaper because of the injunction of the government”.
Advocate Tajul also said, “a huge number of people opposing the liberation war were being faced the trial but no accusation or case has been filed against Moulana Motiur Rahman since 40 years. Non-filing of any accusation or GD in any Thana or the court proves the non-involvement of Moulana Motiur Rahman Nizami in the prejudicial activities during 1971 liberation war”.
He again added, “Jamaat conducted movement against despotic ruling of Ershad for 9 years  with alliance leading by the Awami League and BNP for which Ershad was obliged to resign from the post of president on December 6, 1990 and the chief of lieasue committee of Aami League (a representative committee of awami League) constituted by an influential Awami League leader came to Ali Ahsan Mohammad Muzahid (chief of lieasue committee of jamaat ) to get assistance from Jamaat to constitute the government in 1991. They were intended to give the post of three ministers and half dozen of reserved seats for female. But after lengthy discussion of the Mojlishe Shura (standing committee of jamaat) was decided to give the assent to BNP though they did not sit in the power with BNP (meaning non-taking of any ministerial seats or reserved seats for female) ”. He also said, “the demand of the caretaker government was emphatic because of the sub-election of Magura in 1994 where the Jamaat and Awami League were moved for the care taker government jointly and by utilizing this system of care taker government, Awami League came in power 1996. Jamaat got three seats in that national election. Jamaat made the four allied parties’ union with BNP in 1999 which union came in power in 2001. Jamaat won in 17 seats conducting election in 31 seats.  Ameer-e-Jamaat, Muolana Motiur Rahman and Secrtary General Ali Ahsan Mohammad Muzahid became ministers where they conducted the ministry for five years with strong ability, efficiency, honesty and punctuality”.
Tajul Islam said, “The present ruling party is promised to destroy Jamaat and they conspired in 2001 to destroy Jamaat. Jmaat is a political party respecting the existing law. Two seats are available in the parliament till now. Nevertheless the party’s activities are not allowed to be continued. The office of Jamaat has been kept locked by the police. This government filed more than two thousands cases  against more 30,000 Jamaat leaders including jamaat Amerr Moulana Motiur Rahman and secretary General Ali Ahsan Mohammad Muzahid throughout the country which are toally baseless. rootless and intentionally made. Cases of dozens have been filed against the central leaders of Jamaat and the Jammat leader have been given the bail form the court but they (the) have managed to detain the leaders in jail by filing another case”.
He said, ‘the charges brought by the prosecution against Moulan Motitur Rahmmna are totally baseless. So it is necessary to give the discharge of Nizami from the case. The prima facie cause to file a case has not been shown  against Moulana Motiur Rahman and they failed to bring anything against Nizami which is essential to frame a charge sheet’. He also said, “To frame a charge sheet, the address of the accused and witness is necessary to be specified along with the date, time and place of occurrence is also necessary to be specified as per section 20(1). Such date, time, place of occurrence have not been mentioned and by the prosecution specifically in respect of the accusations brought against Moulana Motiur rahman Nizami”.