This article appeared on www.bdinn.com on 30th March 2012
On the 2nd day of hearing of the case brought against the elderly leader & former Aamir of Jamaat e Islami, Prof Golam Azam, his advocate Barrister Abdur Razzak has said that Jamaat has never formed any Al Badr, Al Shams or Rajakar force. This case cannot run because the government has failed to give the reasons for the delaying of 40 years to start the judgement procedure. Since no authentic complaints are against him, the case should be closed. They have no proofs but few paper cuttings. There are no examples in the World where judgement has started after 40 years.
In the last 25th March, Barrister Razzak started presenting his logics. He finished the last part of hearing yesterday. On Thursday the favor’s side will give out the hearing and then the decision will be passed.
On the 2nd hearing, the aged Prof Golam Azam was brought at the tribunal in an ambulance. He was taken on the 2nd floor on wheel chair. Barrister Razzak commenced the hearing in his presence. He said that in the past 40 years there are no cases, complaints or even any GDs in any of the Police stations in the country. No one filed any cases. If he did any crimes, there would have been cases in the last 40 years. The prosecution could not provide any logic for why this case was opened so late. There are no genuine evidences for supporting the cases against him. No information regarding the formation of Al Badr, Al Shams and Rajakar force by Jamaat e Islami is correct. These forces were not even auxiliary. Auxiliary forces are the ones those operate under the direct command of the Army.
On the part of the killing of Chiru Mia, in the hearing, Barrister Razzak announced it ridiculous and said, somebody took the order in an envelope in Dhaka and a group executed that order and no one in the group became criminal but instead, the man blamed is Golam Azam. How can that be? Where are the people who were into the killing? No descriptions of them are given. The first criminals should be the killers. Even if Golam Azam passed the order; he will be the next criminal. Where are the main killers? Since no info on them exits, the whole case is baseless.
Prof Golam Azam’s advocate Barrister Razzak further said that starting the judgement after 40 years is completely bizarre. Starting from Nuremberg to former Yugoslavia, Rwanda, Sierra Leone, Cambodia and Hague’s international court; no examples like this exists. In the hearing on 25th March, the tribunal Chairman asked about the judgement of Cambodia. Barrister Razzak said, the war in Cambodia started in 1975 and ended in 1979. But internal war went on for 19 years. Within 3 years from the ending of the war, in 2001, a tribunal was formed with the help of the UN and the judgement initiated. Barrister Razzak added that it is the duty of the government’s side to explain this unusual case to the tribunal. They could not present any logical facts. If they fail to satisfy the logical terms, then the judgement procedure should be closed. At a certain stage, Barrister Razzak gave an example of the highest court of Britain, The House of the Lords.
Barrister Razzak added, the government side has given charges against Golam Azam in which no materials were found for the eligibility of charge formation. In the law it is stated that mentioned things must include the name of the witness, where the crime was committed and the type of the crime. In this part, the favor is completely a failure. Prof Golam Azam is the victim of political jealousy and his crimes identified are only for his political statements. At that point, he (Barrister Razzak) raised many examples of War Crimes and said that tribunal at first gets sure on valid proofs that the charge can be put on the accused. Repeating the same incident the government has surpassed the law.
Giving reference from 1973, the Barrister said, Jamaat e Islami and Chatra Shangha, in no ways, fall under the definition of an auxiliary force. Jamaat e Islami was a political organization and Chatra Shangha was a student organization. Illustrating different sections of law, he further added, that even Rajakar does not fall under the category of an auxiliary force. He clearly said, Jamaat never formed Rajakar, Al Badr or Al Shams.
In 1972, on 2nd August, the back then government formed Rajakar passing an ordinance. The Chief of that force was a civilian appointed by the government.