death sentence of jamaat leader ali ahsan mohammad mujahid how just is that?
DESCRIPTION
But ignoring all the recommendations, the government continued the trial and already executed two top leaders of Jamaat-e-Islami namely martyr Abdul Quader Molla and martyr Muhammad Kamaruzzaman and now Mr. Ali Ahsan Mohammad Mujahid is apparently going to accept the same fate.TRANSCRIPT
![Page 1: Death Sentence of Jamaat Leader Ali Ahsan Mohammad Mujahid How Just is that?](https://reader036.vdocuments.site/reader036/viewer/2022081821/563db7c4550346aa9a8dbfff/html5/thumbnails/1.jpg)
BDINN Newsletter / October 26, 2015
Death Sentence of Jamaat Leader
Ali Ahsan Mohammad Mujahid
How Just is that? Ali Ahsan Mohammad Mujahid is the Secre‐
tary General of Bangladesh Jamaat‐e‐Islami
and former Social Welfare Minister of the
Government of People’s Republic of Bangla‐
desh. He has gained huge reputa on for his
transparency, honesty and corrup on free
life. He also played outstanding role for the
establishment of democracy, rule of law and
human rights in Bangladesh. The na on ad‐
mired him for his sincere role in all the demo‐
cra c and an ‐autocra c movement.
The incumbent government in Bangladesh is
extremely envious of his popularity. They are
also in fear witnessing the growing ac‐
ceptance of Bangladesh Jamaat‐e‐Islami. To
resist this expanding force, they ini ated a
tribunal just immediate a er coming to the
power in order to prosecute the opposi on
Islamist forces. As the government did not
find any misdeeds or corrup on in the previ‐
ous record of these leaders, they had ini at‐
ed the trial implica ng them with some
offences which had been commi ed 44 years
back, during the war of independence in
1971. In the name of trying the war criminals,
the government started a new conspiracy
against the opposi on leaders, par cularly
against the leaders of Jamaat‐e‐Islami includ‐
ing Mr. Ali Ahsan Mohammad Mujahid.
The Government of Bangladesh has established an
interna onal crimes tribunal in 2010 to prosecute
the leaders of Bangladesh Jamaat‐e‐Islami . Though
it is interna onal in name, but actually it is a do‐
mes c court. All the judges and prosecutors are lo‐
cals, even with some ruling party connec ons. No
foreign lawyers and interna onal observers are al‐
lowed to witness this trial.
In past couple of years, many interna onal organi‐
za ons like UN, European Union, Human rights
watch, Amnesty Interna onal, Interna onal Bar As‐
socia on and many dis nguished personnel around
the world raised ques ons and expressed concern
over the standard and par san ac vi es of the tri‐
bunal. Terming the court as a government’s tool of
repression, they asked the government to halt the
trial process.
But ignoring all the recommenda ons, the govern‐
ment con nued the trial and already executed two
top leaders of Jamaat‐e‐Islami namely martyr Abdul
Quader Molla and martyr Muhammad Kama‐
ruzzaman and now Mr. Ali Ahsan Mohammad Mu‐
jahid is apparently going to accept the same fate.
![Page 2: Death Sentence of Jamaat Leader Ali Ahsan Mohammad Mujahid How Just is that?](https://reader036.vdocuments.site/reader036/viewer/2022081821/563db7c4550346aa9a8dbfff/html5/thumbnails/2.jpg)
The trial court (Interna onal Crimes Tribunal)
merged charge number one (the murder of
journalist Shirajuddin Hossen) into charge
number 6 (criminal offence in Mohammadpur
Physical Training ins tute) and awarded death
sentence to Ali Ahsan Mohammad Mujahid.
The Appeal court has acqui ed him from
charge number one and maintained the death
penalty for making conspiracy to conduct intel‐
lectual killing.
The lawyers of Ali Ahsan Mohammad Mujahid
filed the review pe on in the concerned sec‐
on of the Supreme Court on 14th October,
2015 at 10 am. In the 38 pages of the pe on
the lawyers have included 32 grounds. Some of
those are as follows:
‐ In support of the intellectual killing allega‐
ons, the prosecu on brought two witnesses.
One is Rustom Ali Molla who was 14 in 1971
and the second one is Jahir Uddin Jalal who
was just 13 during the 1971 war. Rustom Ali
Molla claimed himself as eyewitness though
there are severe discrepancies in his statement
while Jalal has appeared as a hearsay witness.
‐ Rustom Ali Molla did not see Mujahid to plot
conspiracy or to design planning with the sen‐
ior army officers. He claimed to see Mujahid at
the gate of the Mohammadpur Physical Train‐
ing ins tute 3/4 months a er the war begins.
He further admi ed that he did not know Mu‐
jahid. The security guards who were working
over there, they were talking about the arrival
of Ghulam Azam, Nizami and Mujahid at the
Mohammadpur Physical Training ins tute and
then he came to know Mujahid. It becomes
crystal clear from Rustom’s tes mony that he
knew none of these aforesaid 3 persons. No‐
body has introduced him with Mujahid specifi‐
cally as well. Then naturally the ques on
comes up, without any prior knowledge about
the face or the iden ty of Mujahid, how did
Rustom recognize him? However, if it is taken as
assumable truth, thus it proves that Mujahid
plo ed conspiracy or designed planning for
these killings with the army officer?
‐ Jahir Uddin Jalal stated in his tes mony that
Rustom Ali Molla informed him about the fre‐
quent movement of Nizami, Mujahid at the
Mohammadpur Physical Training Ins tute. But
the inves ga on officer clearly denied such
claim and said Rustom had never told him that
he had knew Jalal before. So the claim of Jalal in
this regard is being proved false.
‐ Raham Ali Molla, the father of Rustom Ali Mol‐
la was the security guard of Mohammadpur
Physical training ins tute in those days of war.
Inves ga on officer admi ed in the cross exami‐
na on that Raham Ali Molla is alive now but the
prosecu on did not produce him as witness. The
then Principal of the Physical training ins tute
Mohibbullah Khan Majlish and his son and cur‐
rent principal Tareq Iqbal Khan Majlish (who was
a student of class 8 in 1971) were not produced
as witness as well. Moreover the inves ga on
officer did not talk to anyone who had been
working in the Mohammadpur Physical Training
ins tute in 1971 or any staffs who had resided
inside the ins tute or even the IO did not pro‐
duce any of them as witness. Ignoring and defy‐
ing the availability of the senior and credible
persons of those incidents, the prosecu on
brought an immature man of that me and
based on his false and contradictory statement,
the death penalty of Mr. Mujahid is maintained.
‐ It has been alleged that Mujahid had hatched
conspiracy with the army officials for commi ng
intellectual killing. But the prosecu on failed to
reveal that how, when and with whom he had
made this conspiracy. Even, the prosecu on
u erly failed to produce any evidence to prove
that who had been murdered for this alleged
conspiracy.
Secretary General of Bangladesh Jamaat‐e‐Islami and former Social Welfare Minister and pop‐
ular leader Mr. Ali Ahsan Mujahid is held cap ve in prison unlawfully for last 5 years. He is a
vic m of poli cal vengeance of the ruling government in Bangladesh. Government in order to
kill him has conspired to convict him through the false accusa on and cases of crime against
humanity and false witnesses given by party men guided by the blueprint design of the govern‐
ment. The allega ons brought against him are totally fabricated and staged drama.
What are the allega ons against him? ‐ Though the prosecu on brought allega on
of killing a specific intellectual namely Shi‐
rajuddin Hossen, a renowned journalist
against Mr. Mujahid, but the appellate divi‐
sion has acqui ed him from the charge.
‐ Mr. Mujahid has been convicted and sen‐
tenced as a commander of Al Badar (An
auxiliary force of the Pakistani Army). But
the prosecu on failed to address following
burning ques ons in this regard
‐ Who and when appointed Ali Ahsan Mo‐
hammad Mujahid as the commander of Al
Badar force?
‐ Was he the first and last commander of Al
Badar? Who had discharged this duty before
and a er his office?
‐ According to the prosecu on, Al Badar was
formed in Jamalpur district with the ini a‐
ve of one Pakistani officer Major Riaz.
Mujahid was the President of Dhaka district
Islami Chhatrashangha at that me. How he
became the chief of the force staying in
Dhaka while the force was established in
some other parts of the country?
‐ In the book ‘The Vanquished Generals’
edited by noted academician Professor
Muntasir Mamun, two top generals of the
Pakistani Army Rao Forman Ali and AAK
Niazi admi ed that Al Badar was operated
under the command and control of the
Pakistani army. Being a student, how Mr.
Mujahid became the chief of such a para‐
military force. We have submi ed this book
as the ‘Fresh Evidence’ along with our re‐
view pe on.
‐ During the trial, the inves ga ng officer of
the case categorically admi ed that during
his two yearlong inves ga ons, he did not
find out the name of Mujahid in any list of Al
Badar, Al Shams, Razakars or peace com‐
mi ee. Then how did the court convict him
as the commander of Al Badar?
‐ Immediate a er the war of independence
(17th December to 1972), many news had
been published in the then dailies about the
atroci es and crimes of Al Badar which also
asked the countrymen to assist in process of
arres ng the people who had involved with
![Page 3: Death Sentence of Jamaat Leader Ali Ahsan Mohammad Mujahid How Just is that?](https://reader036.vdocuments.site/reader036/viewer/2022081821/563db7c4550346aa9a8dbfff/html5/thumbnails/3.jpg)
How biased and poli cized was the court?
Though the government and ICT have
stated that jus ce was the priority,
opposi on par es Jamaat‐e‐Islami and
the BNP accused the prime minis‐
ter Sheikh Hasina of using the tribunal
to persecute them.
In December 2012, conversa ons and
emails between the judge and a Brussels‐
based lawyer were published, which according
to The Economist revealed that the govern‐
ment wanted a quick verdict from
the Interna onal Crimes Tribunal.
Following the revela ons, the controversial
chief Jus ce Nizamul Huq resigned from the
post and Fazle Kabir was appointed there.
It was absolutely clear, from the very begin‐
ning, that these courts are merely kangaroo
courts, where standards of law and jus ce are
blatantly disregarded and the verdicts have
already been decided before the trials have
begun. Several key incidents made this obvi‐
ous:
As revealed in #SkypeGate, the judges of this
mockery of jus ce were directed by Ziauddin
Ahmed, a member of a notorious an ‐Jamaat
group. He was not an official of the court and
yet, like a Czar, he controlled every aspect of
the tribunal. On many occasions, he has
wri en orders that were handed down by the
court as‐is. He has also designed a guideline
for the judges and a basic structure for all the
verdicts to come, way before the trials com‐
pleted.
A number of the Tribunal members par cipat‐
ed in the so called Gana Adalat Commission (or
People’s Court) that prejudged these cases in
the early 1990s. Indeed the former Chairman
of the Tribunal is listed as a member of the
Secretariat of the Commission.
There was clear evidence of collusion between
the Tribunal, the prosecu on, and members of
an an ‐Jamaat organiza on during the trial
process. The prosecutor and judges would
meet regularly in secret and decide how they
would act in unison against the defense.
Former Chairmen of the ICT‐1, Jus ce Nizamul
Huq, admi ed that a state minister, Quamrul
Islam, pressured him for quick verdicts and a
judge of the Appellate Division of the Supreme
Court, Jus ce SK Sinha, offered him promo on
in return.
On several occasions, the judges de‐
clared that they have a par cular view
of the events of 1971 and they would
never change that view irrespec ve of
whatever evidence or witness tes mo‐
ny are presented before them.
those crimes. But no news is found men oning the
name of Mujahid. If he really was the commander
of AL Badar, then immediate a er independence,
why did the people fail to blame him for any
offence?
‐ In connec on with the intellectual murder, 42
cases had been filed under the collaborator act in
1972. The prosecu on did not submit the docu‐
ments of those cases during the trial of the instant
case. But it is truly ques onable that a er 42
years, the liabili es of all those murders are being
imposed upon a single man, Mujahid.
‐ A 7 member inves ga on commi ee led by re‐
nowned film maker Zahir Raihan had been formed
on 29th December, 1971 for probing the intellectu‐
al murder. Veteran lawyer Barrister Amirul Islam
and Barrister Maudud Ahmed were also included
as a member in this commi ee. The prosecu on in
the case against Ali Ahsan Mohammad Mujahid
did not submit the findings of that inves ga on
commi ee or not even discussed the ma er with
any of the commi ee members. Why the prosecu‐
on did not disclose the report of this probe com‐
mi ee before the na on?
The honorable Appellate Division did not
award death sentence to Ali Ahsan Mo‐
hammad Mujahid for any specific murder
or offence. Simply based on assump on,
they have made Mujahid liable for
plo ng the conspiracies of the intellectu‐
al murder as a whole. There is no prece‐
dence in the 400 hundred year long histo‐
ry of judiciary that, a man is being sen‐
tenced with death penalty for his role as a
conspirator even a er his physical in‐
volvement is not confirmed.
Actually, this is not a trial. This is simply a
game of the current government with the
public sen ment about the war of libera‐
on. This is a strategy of repression which
has been adopted by the ruling authority
to destroy the possible rising opposi on
forces.
![Page 4: Death Sentence of Jamaat Leader Ali Ahsan Mohammad Mujahid How Just is that?](https://reader036.vdocuments.site/reader036/viewer/2022081821/563db7c4550346aa9a8dbfff/html5/thumbnails/4.jpg)
Who is Mujahid?
Mr. Ali Ahsan Mohammad Mujahid is the Secretary General of
Bangladesh Jamaat‐e‐Islami, a party in opposi on in Bangla‐
desh. He also served the na on as the Social Welfare Minister
from 2001‐2006. He has played pivotal role in all the previous
movement against the autocracy to restore democracy in the
country. But simply out of poli cal vende a, the present gov‐
ernment brought some false and concocted charges against him
as they failed to tackle him poli cally.
Mujahid was sentenced to death in 2013 in line with the allega‐
on of commi ng crimes against humanity during the libera‐
on war of 1971, charges which had never been heard in last 44
years.
Mr Mujahid was a student leader in 1971 and among those who
supported a unified Pakistan.
He later became social welfare minister in the Bangladesh Na‐
onalist Party‐led government from 2001‐2006.
He is highly regarded for his oratory and organiza onal skills.
On 22th Oct, Advocate Asad Uddin, who is making regular
effort in the Appeal prepara on of Jamaat leaders has been
picked up by the law enforcing agencies while going to his
na ve district Sirajganj and taken into an unknown place.
Police also raided into the house of Advocate Mohammad
Shihir Monir that evening. Shishir Monir is one of the key
members of the defence team and he is engaged now at the
prepara on of the review pe on hearing of Jamaat’s Secre‐
tary General Ali Ahsan Mohammad Mujahid. The date of the
review hearing of Mr. Mujahid is fixed at 2nd November.
Police is crea ng obstruc on in his professional ac vi es by
conduc ng raid into his house. Harassment of the lawyers is
somehow similar to create obstruc on in the judicial process.
Earlier, the defence team members had faced similar harass‐
ment and police raid in their houses and chambers. Subse‐
quently the defence team had filed an applica on in the
interna onal crimes tribunal seeking protec on. Later, the
tribunal ordered not to harass or arrest the members of the
defence team. That order of the tribunal is s ll valid.
Just before the appeal hearing begins, such harassment, raid
and abduc on of the defence lawyers from the vehicle is
amount to create obstruc on in providing the legal assis‐
tance. The lawyers are being regarded as the officers of the
court. So by harassing them, actually the government is ham‐
pering the judicial procedure.
Commen ng on this unjust situa on son of Mujahid, Ali Ah‐
mad Mabrur, said:
“We have been taking prepara on maintaining the legal and
approved course of ac ons. Already our lawyers have sub‐
mi ed the review pe on as per the Supreme Court’s rules
and it is ready for hearing. Then why our lawyers are being
harassed? The people who are talking about rule of law,
would they kindly explain that why our lawyers are being
obstructed in performing their du es? Why the lawyers, the
officers of the court are being barred?”
“We do not know that whether we would get jus ce or not,
but are we going to lose our minimum right to face the case
legally?”
We are condemning such role of the government and calling
upon the concerned authori es to stop the harassment of
the lawyers and to assist them in discharging their profes‐
sional du es properly.
Law enforcers have been
harassing the defence
lawyers of Mujahid.