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Barrister Razzak in the Hearing of Discharge The term “Commander of Al Badr” must be omitted - Documents do not support the Charge
Friday, 01 June 2012
In the Hearing of the discharging the charges against Ali Ahsan Mohammad Muzahid brought for Crime against Humanities, Barrister Abdur Razzak claimed that Prosecution didn’t prove the charge against Muzahid. He also said that though some papers and documents were produced by the Prosecution regarding the statements given in 1971, but none of them represented the name of Muzahid in them.  So he prayed for omitting the term Commander of Al Badr from the charge.
Barrister Razzak said that if the Trial treats Ali Ahsan Muzahid as the Commander, that will be a great injustice. If he is treated as both the leader of Chhatra Sangha and Commander of Al Badr, justice won’t be served because Prosecution didn’t produce single evidence regarding those facts. Apart from a self contradictory report of Dainik Azad, there is nothing in the thousand pages and volumes of the Evidences. Though Muzahid was showed as related with many offences, none of them bears hard evidence.
Barrister Razzak said that, the Azad reported a war criminal named Mujahidi, but that was not this Ali Ahsan Mohammad Muzahid. Besides, a man didn’t become a Commander of a force by mere news of a paper without evidences. Barrister Razzak pleaded before the Tribunal to not include the name of Ali Ahsan Muzahid as the Commander of Al Badr. Defense Team also pleaded for not accepting the introduction of three new charges in the Charge sheet against Muzahid.
Tribunal - 2 started the hearing led by the Chairman Justice ATM Fazle Kabir. Members of the Tribunal Obaidul HAsan and Shahinul Islam were also present. For Defense Team, Barrister Abdur Razzak was present along with Barrister Munshi Ahsan Kabir, Adv Najrl Islam and Adv Shahjahan Kabir and some other lawyers.
Barrister Razzak said, as per the Prosecution, in 15th September, 1971 and in 22nd September, 1971 Muzahid spoke on two occasions at Faridpur and Comilla, for the non-partition of Pakistan which never constitutes War Crime. Again, charges said that Muzahid went to the house of a Feroz Member at Fakirapul Garam Panir Gali on a regular basis. Judge Shahinul Islam asked that, it seems Muzahid still continues to visit that place. Obaidul Karim pointed out that the language of the Prosecution indicated so. The charge also said in one place that he went to that house only once in 1971. This is a self contradiction.
Barrister Razzak said that, Muzahid has been accused for the killing of Journalist Sirajuddin for writing in favor of Liberation war. But it was not clear how Muzahid was involved in that murder. Barrister Razzak claimed that a case was filed against some people with the charge for killing Sirajuddin Ahmed and some were punished as well, but Muzahid was none of them.
In May 1971 about 300 houses were burnt down in three villages of Faridpur, Char Vadrasan. The prosecution accused Muzahid for that but it was not specified whether he was an active participant or an assistant. The charge didn’t even clear his role on that incident.
Barrister Razzak also said that, as per Prosecution’s claim Muzahid himself declared as the Commander of Al Badr in a public meeting at Altafunnesa village at Bogra, but there is no hard evidence regarding that claim. How did they find him as the Commander? Even there is no such element in his speech given at that village which can constitute War Crime.
Thus Barrister Razzak debunked all the charges presented by the Prosecution against Muzahid one by one.
Barrister Razzak said that, only 195 out of 93,000 soldiers of Pakistan Army were prosecuted for War Crime. The rest 92,800 were left, even no investigation was run against them. They are not called as War Criminal altogether. And this trial is for the individual criminal responsibility. But there is no allegation against Muzahid, no intelligence report either. There is nothing in the Charge sheet which can constitute a charge for Killing, Genocide or Conspiracy under section 3(2) of the Act.
He told the Tribunal that this trial is not for prosecuting the Al Badrs or Razakars. Again, not all the razakars or Al Badr committed War Crime. How come mere requesting to observe the Badr Day constitute a War Crime? Again, how looting or burning a Library down constitutes a mental torture? Judge Shahinul Islam was surprised and said, how looting or burning a Library down constitutes a mental torture?
However, in afternoon Advocate Rana Dash Gupta responded for the Prosecution side on several Law points. He mainly pointed out that the proceedings of the Tribunal are free from govt. or executive influences. He also claimed that Muzahid must take full liability for the war crimes committed by Al Badr in 1971.