2013-10-10

An international crimes tribunal on Wednesday sentenced Abdul Alim to prison term until his ‘natural death’ on the charges of genocide and killings in Jaipurhat during the Liberation War.

A BNP leader and former minister Alim, 83, was in the dock.

Sitting on a chair, Alim looked pensive holding his crutch, as the judges delivered the verdict.

Alim became the eighth person to be sentenced for 1971 war crimes in the independent Bangladesh.

The three-judge International Crimes Tribunal-2 delivered the unanimous judgment in the bigger and packed courtroom of ICT-1 in the Old High Court Building amid tight security.

Alim is the first accused to get bail during the trial due to his old age complications.

Alim deserved death sentence, said the verdict sentencing him to imprisonment for the rest of his life, considering the exceptional circumstances of his severe old age complications and inability to move.

Alim, in fatua and lungi, was produced before the tribunal in a wheelchair.

Alim’s two sons – Sazzad Bin Alim and Khaled Bin Alim and a few other relatives present in the courtroom to hear the verdict, looked sad.

The news of the verdict was received with loud protests by hundreds of youth, carrying banners of Ganajagan Mancha at Shahbagh in the city.

They held demonstrations demanding Alim’s death sentence.

Accused Md Abdul Alim, has been found guilty beyond reasonable doubts and is sentenced to imprisonment for the rest of his life, that is until his natural death, said the unanimous verdict read out at a full court hearing at 12.45 PM by the presiding judge,  Justice Obaidul Hassan.

The verdict said Alim has been sentenced   under section 20(2) of the International Crimes (Tribunals)] Act of 1973.

Two other judges, Justice Md Mozibur Rahman Miah and Justice Md. Shahinur Islam, also read out parts of the verdict.

Section 20(2) of the Act stipulates, ‘Upon conviction of an accused person, the tribunal shall award sentence of death or such other punishment proportionate to the gravity of the crime as appears to the tribunal to be just and proper.’

As the chairman or an influential leader of Peace Committee in Jaipurhat in 1971, the accused was found guilty of facilitating, abetting the criminal acts.

For his conduct and the actions he took in 1971, using his substantial position of authority and domination, the tribunal found him guilty of ‘superior’ responsibility in the perpetration of the crimes.

Out of 17 charges of 1971 crimes against humanity brought against Alim by the prosecution, the tribunal found him guilty of nine charges.

He was found not guilty of eight charges.

After the war, Alim was in jail under the Collaborator Order of 1972.

Alim was awarded ‘a single sentence of imprisonment for remaining part of life,’ that is he has to served the term until his ‘natural death’ on four of the nine charges – two for committing genocide in Karai Kadipur, Chawkpara, Sonapara, Palpara, Munshipara of Jaipurhat on April 26, 1971 and another at Uttar Hatsahar and Harunja Hat of Khetlal in Jaipurhat towards the end of May, 1971, one for killing 15 youths at West Amatra of Jaipurhat on June 14, 1971 and the other for killing three freedom fighters at Khanjanpur Khuthibari in October 1971.

Alim was awarded a ‘single sentence of imprisonment for 20 years’ on four charges – for killing of nine people in Akkelpur of Jaipurhat in May, 1971, for killing four people of Nowda village of Panchbibi in Jaipurhat on May 26, 1971, for killing 15 youths at Paschim Amatra of Jaipurhat on June 14, 1971 and for killing Awami League leader Abul Kashem of Devipur Kajipara in Jaipurhat on July 26, 1971.

Alim was awarded 10 years’ imprisonment on charge of looting Awami League leader Meher Uddin’s house at Panchbibi in Jaipurhat on April 20, 1971, setting the house ablaze and forcing deportation of the family from the area.

‘However, as the convict Md Abdul Alim is condemned to a single sentence of “imprisonment for remaining part of life,” the sentence of “imprisonment for ten [10] years” and the single sentence of “imprisonment for twenty [20] years” will naturally get merged into the sentence of

“imprisonment for remaining part of life”,’ said the verdict.

‘This Tribunal perceives that his being at liberty shall be rather pain for human civilization and humanity. Being confined in within the fences till remaining part of life may let the convict to sense what extreme deliberate criminal acts he committed directing the unarmed civilians, by taking culpable stand against the birth of Bangladesh,’ said the verdict.

On June 11, 2012, Alim was indicted on 17 war crimes charges including genocide, murders, abductions, torture in confinement, looting, arson attack, and superior responsibility in the perpetration of the crimes during the Liberation War.

The tribunal said that the convict was at liberty to prefer appeal to the Appellate Division of the Supreme Court against the order of conviction and sentence within 30 days from the date of passage of the order of sentence.

The prosecution did not produce any witness to prove two of the charges – one for Killing 19 pro-liberation civilians in Koktara, Ghorapa, Bagjana and Kutakara in Jaipurhat in early May, 1971 and the other for killing 67 Hindus at Pagla Dewan in Jaipurhat between May 9 and 15, 1971 and the tribunal acquitted Alim from the charges.

The tribunal acquitted Alim of six other charges for killing 22 pro-liberation and Awami League men in Jaipurhat on June 18, 1971, killing 19 bullock-cart pullers at Khanjanpur Khuthibari between June 25 and 30, 1971, killing 11 youths at Bara Ghati Pukur in the first week of September, 1971, killing 25 people inside the Jaipurhat Sugar Mill between October 25 and November 2, 1971, confining 29 civilians to Jaipurhat Sugar Mill between October 25 and November 2, 1971 and killing Jabbal Hossain towards the end of November, 1971.

This is the eighth war crimes case verdict and the fifth verdict of the ICT-2 since its establishment on March 22, 2012.

Better known as war crimes tribunal, the two ICTs were set up for bringing the suspects of 1971 crimes against humanity to justice.

The ICT-1 has so far delivered verdicts in three war crimes cases since its establishment on March 25, 2010.

A large number of freedom fighters, lawyers from the two sides, intellectuals, cultural activists and journalists were present to hear the verdict.

Immediately after the verdict, the prosecution chief coordinator MK Rahman, told reporters that he was ‘happy’ with the verdict.

The other members of his team were present.

Asked whether the prosecution would file an appeal before the Appellate Division seeking Alim’s highest punishment, Rahman said they would decide about it after reading the full verdict.

Junior defence counsel Tariqul Islam Tarique said he was not satisfied with the verdict as his client was not involved in any crimes during the liberation war.

‘We will go to the Appellate Division against the sentence and we are sure that we will get justice there,’ he said.

Abdul Alim’s son Sazzad Bin Alim said his father was not in Jaipurhat during the Liberation War and his father had been nursing his ailing mother then at the place where they were hiding.

‘The prosecution witnesses gave false and imaginary statements before the tribunal,’ he claimed.

He said that they were denied justice and would go to the appellate division against the verdict.

On September 22, on completion of hearing both the sides, the judges kept the in the case reserved for pronouncement at a later date.

Arrested on March 27, 2011, Alim got conditional bail on March 31, 2011 due to his health condition.

Wheel chair-bound Alim needs support for any movement.

His bail was cancelled on September 22.

Justice Obaidul Hassan, before delivering the verdict, advised the critics to read out the full text of the judgement before making any comment on it.

He said that the full judgment was of 688 paragraphs in 191 pages and the tribunal would read out a summary judgment of 137 paragraphs.

Alim was born on November 1, 1930 in village Pandua in Hooghli of West Bengal in India.

Alim migrated to the then East-Pakistan with his family in 1950-51 and settled at Jaipurhat.

In 1958, he joined the Muslim League and became divisional organizing secretary of the party in 1962.

In 1971, he was an influential leader of Convention Muslim League and vice-chairman of Bogra district council.

He established an army camp, peace committee office and training centre for Razakars and lodging arrangement for one Pakistani Major Afzal by occupying the trading office and homestead premises of Shaonlal Bajla , a significant Marwari jute trader of Jaipurhat when they became compelled to deport to India leaving all of their assets.

In 1979, he joined the Bangladesh Nationalist Party and was elected Member of Parliament and then a Cabinet Minister of Ziaur Rahman’s government.

He was elected MP from Jaipurhat Sadar-Panchbibi constituency in 1979, 1996 and 2001 on BNP tickets.

The prosecution produced 35 witnesses to prove the charges against Alim.

Three defence witnesses, including Alim’s son, testified pleading his innocence saying that Alim had to pass his days in hiding from April 20, 1971 to December 16, 1971 in fear of his life and that he was not involved in the crimes against humanity during the Liberation War.

The tribunal found that the defence could not prove their claim.

Earlier, the two tribunals delivered verdicts in seven war crimes cases and six of the convicts were present or former leaders of Jamaat-e-Islami and one was a BNP leader.

Former Jamaat chief Ghulam Azam was sentenced to 90 years in jail.

Death sentences were handed to five others, including Jamaat leaders – Delwar Hossain Sayedee, Ali Ahsan Mohammad Mojaheed, Mohammad Kamaruzzaman, absconding former Jamaat member Abul Kalam Azad alias Bachchu Razakar and BNP standing committee member and lawmaker Salauddin Quader Chowdhury.

Jamaat leader Abdul Quader Molla was awarded life term imprisonment by a tribunal but the Appellate Division allowed a prosecution plea seeking Quader’s death sentence.

The trial of Al-Badr commanders – Md Ashrafuzzaman Khan and Chowdhury Mueenuddin on war crimes charges has been completed and awaits verdict.

Jamaat leaders Matiur Rahman Nizami,  AKM Yusuf, Mir Quasem Ali, expelled Awami League leader Mobarak Hossain and absconding Nagarkanda  BNP leader Zahid Hossain Khokon are in different stages of  trial on war crimes charges

Jamaat leaders Abdus Subhan, ATM Azharul Islam and absconding Nagarkanda  BNP leader Zahid Hossain Khokon await indictment on war crimes charges.

The war crimes investigation agency has completed its probe against former Jatiya Party state minister Syed Md Qaisar and found his involvement in crimes against humanity in 1971.

-With New Age input

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