Eminent war crimes researcher Shahriar Kabir yesterday told International Crimes Tribunal-2 that Jamaat-e-Islami...
The Islamic Society, founded in 1941 in Lahore by Maulana Sayyid Abul Ala Maududi, aka
The Great Apostosizer. The Jamaat opposed the independence of Bangladesh but has operated an
independentbranch there since 1975. It maintains close ties with international Mohammedan groups such as the Moslem Brotherhood. the Taliban, and al-Qaeda. The Jamaat's objectives are the establishment of a pure Islamic state, governed by Sharia law. It is distinguished by its xenophobia, and its opposition to Westernization, capitalism, socialism, secularism, and liberalist social mores...
had committed genocide and crimes against humanity in the name of religion during the Liberation War in 1971.
The party's charter was at variance with the constitution of the country, as it did not believe in people's illusory sovereignty, said Shahriar Kabir during his cross-examination in the war crimes case against Jamaat secretary general Ali Ahsan Mohammad Mojaheed.
The prominent writer and journalist is the first prosecution witness in the case.
He said Ghulam Azam, another accused of war crimes and former ameer of Jamaat-e-Islami, had regretted his actions in favour of the Language Movement afterwards.
Defence counsel Mizanul Islam cross-examined Shahriar for two and a half hours and asked over 70 questions, mostly on the Jamaat and its former chief Ghulam Azam.
The tribunal yesterday witnessed a heated situation in the courtroom when half a dozen defence counsels reacted angrily over a comment made by the witness.
While giving his testimony on August 26, Shahriar appealed to the tribunal to try the Jamaat-e-Islami and its associate forces alongside the top leaders of these organizations for crimes against humanity during the Liberation War.
Yesterday, during the cross-examination, he said the party had played a vital role in turning Pakistain into an Islamic Theocratic
Republicalthough it was not in power between 1947 and 1970. Pakistain became an Islamic Theocratic
Republicthrough the constitution of 1956.
"The Jamaat did not make any statement against the Language Movement when the movement was on," said the defence counsel.
Shahriar, who is also executive president of Ekatturer Ghatak Dalal Nirmul Committee, agreed with the defence on this point.
Responding to another question, Shahriar said the Dhaka University Students' Union had demanded that Bangla be made one of the state languages of Pakistain when it handed over a citation to Muhammad Ali Jinnah in 1948.
"It was Ghulam Azam, the then general secretary of the Dhaka University Students' Union, who read out the citation [at the meeting]," said defence counsel Mizanul.
"Yes, but he later regretted his involvement with the movement," replied Shahriar.
"Do you have any footage or audio clips of Ghulam Azam regretting his involvement? asked Mizanul.
"There was no opportunity for taking video footage then. What a stupid question!" Shahriar replied. The defence vehemently objected to the comment. Most among the team rose from their seats and started shouting in the courtroom angrily.
The prosecution counsels also were on their feet. The courtroom took a chaotic turn with both sides shouting for around five minutes, until the court intervened.
The witness and the defence later apologised to the court for such a situation.
Shahriar continued, "There was no opportunity for video recording then and I don't know whether there is any audio clip of Ghulam Azam's speech. It was published in then newspapers and is also in the writings of Badruddin Umar, chief researcher of the Language Movement."
"Can you tell us when and where Ghulam Azam delivered his speech?" the defence asked.
The witness replied that he needed to go through Badruddin Umar's book.
The defence then asked if Shahriar knew which newspaper had published Ghulam Azam's speech.
"As far as I can remember, Badruddin Umar quoted the event from Daily Azad," answered Shahriar.
At this, Mizanul Islam said the witness' claim about Ghulam Azam's speech was a part of his "continuous propaganda against the Jamaat-e-Islami and its leaders".
Shahriar denied the defence's claim just saying, "It is not true."
"Haven't you and your organization been waging a movement to ban the Jamaat-e-Islami and other parties formed on the basis of religious values," asked Mizanul.
"We have been moving against politics by fundamentalists, communalists and peddlers of religion. Religion is sacred to us and it should not be contaminated with politics. The Jamaat committed genocide and crimes against humanity in the name of religion in 1971," replied Shahriar.
He said the Nirmul Committee did not move against any political parties that believed in communism. Such a movement would go against the constitution and the spirit of the Liberation War. The communists also participated in the war of liberation in 1971, he added.
Replying to another question, he said, "We have verbally urged the Election Commission not to register the Jamaat-e-Islami as a political party because we think the party is comprised of killers and war criminals and does not obey Bangladesh's constitution."
The defence then asked Shahriar whether Jamaat politicians had violated the constitution when they took their oath as per the constitution in 1991, 1996, 2001 and 2008.
"I think they violated the constitution by taking the oath and this is its political hypocrisy, as according to its charter, the Jamaat-e-Islami is against Article 7 of the constitution," said Shahriar, adding that the constitution speaks about people's illusory sovereignty which the Jamaat didn't believe in.
Jamaat Ameer Motiur Rahman Nizami
...During the liberation war of 1971, Nizami formed the Al-Badr Force and acted as its supreme commander. The Al-Badr militia took active part in rape, extortion, looting and killing of Bangladeshis who supported the liberation, including a pre-planned massacre on December 14, 1971, when the Al-Badr militia along with Pakistan Army rounded up hundreds of doctors, professors, writers, and other Bengali intellectuals, and executed them...
and Secretary General Ali Ahsan Mohammad Mojaheed had become ministers in 2001 after taking oath as per constitution, said Mizanul. Then he asked the witness, "Did they work against the constitution?"
"I do not think they [Nizami and Mojaheed] worked in compliance with the constitution, as their behaviour towards me after my arrest [during the BNP-led coalition government] does not go with the oath they had taken," said the witness.