Tag Archives: evidence

9 Jan 2013: ICT 1 Daily Summary: Gholam Azam Defense Case-in-Chief

Today the Tribunal heard matters in the following cases:

  1. Chief Prosecutor vs. Professor Gholam Azam: Defense Witness 1 Direct examination

The Defense continued the testimony of Defense Witness #1, Abdullahil Aman Azmi, who began giving his testimony on November 12, 2012. Today he introduced 3 volumes of documents into evidence as exhibits. A few items still remain to be exhibited but were not allowed today due to the objection of the Prosecution that these items are not legible. The Tribunal agreed and the Defence assured the court that the illegible documents would be typed so as to make them readable. The Defense sought adjournment for time to complete the task. Tribunal allowed their prayer and adjourned until Sunday.

Details of Exhibited Items and Defense Witness #1
Today Azmi exhibited photocopies of numerous books including: Secret documents of America, edited by Mizanur Rahman Khan; Not the Whole Truth, written by Shoforraz Hossen Mirza (page 19-25); Bangladesh: Emergence of a Nation, by A M A Muhith (page 235-257); Pakistan crisis in leadership, by Mejor General Fozle Mukim Khan (Retired) (page 92-146); Muktijudher Purbapor Kothapokothon, published by Prothoma Prokashoni (page 37-143); Behath Biplob, by Ahmed Sofa; Blood and Tears, by Kutubuddin Ahmed; Declaration of Independence, Myth and Documents, by Masudul Huq; Pakistan’s failure in National Intrigation, by Rawnak Jahan (page 185-205); Last few days of undivided Pakistan, by G W (page 74-103); Bangladesh O Shaetho-sashon Theke Shadhinota, by Moudud Ahmed (page 168-207); Bangladesh Document; Ekathor ar Judhoporadh abong Judhaporadhi-der Bichar, by Shahriar Kobir (page 63-65); Mujib r Karagar a Powne Sathsho Din, by Advocate Sadh Ahmed.

The witness then exhibited photocopies documents, including: Press Note of the Government of Pakistan, letter written by Sector Commander-1 to Commander in Chief of Bangladesh Force dated 04 December 1971; Dhaka Gazette dated 10 August 1971; Press release dated 07 July 1971, 04 December 1971, 06 December 1971; 08 December 1971 taken from Bangladesh, Liberation War, Mujibnagar Government’s Document 1971; Gazette Notification of 1972; Notification of Peoples Republic of Bangladesh Government dated 18 April 1973; Bangladesh Gazette dated 31 January 1972; ICT Act 1973 Bill, First Amendment of the Constitution; Discussion upon the ICT Act 1973 Bill at the Parliament; Tripartite Agreement between Bangladesh, India and Pakistan; Shimla Treaty taken from Bangladesh Document; and a document taken from http//history.state.gov/countries/Bangladesh.

Azmi then exhibited photocopies reports published in different newspapers including ‘The Guardian’ dated 06 June 1972; Observer dated 01 December 1973; Daily Shongram dated 01 March 2012; reports published in the Daily Inquelab and the Daily Ajker Kagoj in March 1992 ; Editorials of the daily Noya Diganto and Amer Desh dated 01 November 2011; the Daily Inquelab dated 28 August 2000; the Daily Prothom Alo dated 07 December 09; the Daily Amardesh dated 27 April 2011 (on-line publication) and reports published in the Daily Ittefaq in 1992.

The Tribunal allowed the Defense to exhibit two documents over the objection of the Prosecution. Prosecutor Zead-al-Malum raised his objection against the report published in Daily Bangla and related Press release of the Government in 1973 since it was a type-written copy, and against a report published in the Daily Jonokhontho dated 05 August 2000 because he alleged that it was not clear whether it was a report of Jonokontho or not.

In the beginning of the morning session Lead Prosecutor Zead-al-Malum said that while exhibiting the documents the Defence had repeated some documents. Justice Jahangir Hossain stated that given the number of documents being exhibited by the Defense it was understandable that there be some repetitions.

Chairman was not present in the Tribunal since he is on leave. The Members of the Tribunal was reluctant to adjourn the case and was willing to finish the deposition of the DW-1 by Thursday. However, Defence Counsel Mizanul Islam submitted that it would be very difficult for him to exhibit the rest of the documents since they have to type almost a volume so Defence need time and DW-1 will not be able to come on Thursday due to his personal difficulty.

8 January 2013: Daily Sumary Tribunal 1- Golam Azam

The Tribunal heard matters in the following case:

  1. Chief Prosecutor vs Golam Azam – Defence Case-in-Chief

Proceedings focused solely on the Defense’s exhibit of documents that they will rely on for their case:

The defense used the witness to exhibit many books, newspapers and documents, including a photocopy of ‘What happened in 1971 and who were Razakars’; ‘Bangladesh: Unfinished Revolution (Part-2)’; ‘Pakistan Crisis in Leadership’; ‘The Re-trial of East Pakistan’ a book written by General Niazi; ‘The Pakistan Army 1966-71’ written by Mejor General Shawkat Reza (Retired) (Chaper-4,5; page 101-131); ‘Pakistan Crisis in Leadership’ written by Mejor General Fazal Muhim Khan (Retired)(page 115-131; 159-173); ‘Dhaka’s Dibbled’ written by Syed Alamder Raja (page 61-65); ’71: in the eyes of Pakistani’ written by Professor Muntasir Mamun and Mohiuddin Ahmed (page 311-360); ‘Internal Strife and External Intervention’ written by Hasan Azkari Rizvi (page 114-271); ‘The deliberate dib able’ written by Dr Shafder Mahmud (page 55-199); ‘Bangladesh: Victim of Black Propaganda Intrigue and Indian Hegemony’ written by Azammal Hossain (page 32-52); ‘Crisis of East Pakistan’ written by Shoforraz Hossain Mirza (page 59-90); ‘Unprotected Independence is the subordination’ written by Mejor Jalil and edited by Atique Helal; and ‘Detained in an Indian Jail’ written by Muhammad Alamgir (page 11-31).

While Mizanul Islam was exhibiting ‘Documents of the Liberation War in Bangladesh,’ a book written by Hakkani, Prosecutor Zead-al-Malum raised objection alleging that  it is a banned book.

Mizanul Islam exhibited photocopies of two books written by Professor Golam Azam: ‘Aggression of India and Bengali Muslims’; ‘Palashi to Bangladesh’; ‘The Question about the Existence of Independent Bangladesh’.

Mizanul Islam on behalf of Azmi exhibited photocopies of the daily statements about the activity of Razakars in Modoni, Lokhiganj, Chollisha, Rahurhat, Amtola, Jahangirpur in July, 1971. He exhibited the daily statements of Razakars in Netrokona in August and September, 1971.

He exhibited a lot of documents, including the certified copy of a gazette dated 07-09-1971, regarding Razakar Ordinance 1971; Syllabus and Documents on Razakars and their Training and Organizations dated 16-12-1971; a photocopy of a letter written by the Director of Razakars to a Assistant Director of the Razakars; a photocopy of documents about the verification of the Razakars G.S.O-2 dated 08-09-1971 and G.S.O-3 dated 09-09-1971; a list of the armed Razakar dated 22-09-1971; a list of selected Razakar commanders; the Complaint Register No-1 dated July 21, 2010, search list and evidential documents Volume-3,4,5 and 6 from the Investigation Authority, International Criminal Tribunal Bangladesh; Photocopies of the interviews of the Golam Azam published in different medias; Documents of the India-Bangladesh relation (1971-2002) including the speeches of former Prime minister Indira Gandi; Statement of Lokshova dated 27-03-1971; Speech of the Mr Muhammad Ali in the General Assembly of the United Nations  on September 27, 1971 as found in the Bangladesh Document volume-2;  and a whitepaper of the crisis in East Pakistan (page 45-53) as found in Pakistan Horizon, journal volume-xxv no 1, 1972 (page 21).

The Defense then exhibited numberous photocopies newspapers dated from 2008 to 2011 about banning Jamaat-e-Islami, punishment and trial and accused of the war criminals, statements of different Awami-League leaders published in different newspapers, and statements of the current Prime minister about the Razakars as published in Daily Amer Desh dated 22-04-10. While Mizanul Islam was exhibiting different newspapers Prosecutor Zead-al-Malum raised question regarding the relevancy of these documents.