Muhammad Kamaruzzaman The Supreme Court has upheld death sentence earlier awarded to Jamaat leader Muhammad Kamaruzzaman by the ICT for wartime crimes committed during Bangladesh Liberation War in 1971. He is the second war crimes accused in the line of execution as earlier Abdul Kader Mollah was hanged for similar offence. There is a common issue between the two persons. Both of them used to holdthe post of assistant secretary general of Jamaat. A four-member bench of the Appellate Division headed by Justice SK Sinha pronounced its verdict upon an appeal preferred by the accused against his death sentence awarded by the subordinate court. Justice SK Sinha completed reading out the judgment within one and half minutes at 9:10am in a jam-packed courtroom on Monday. Three other judges of the bench include Justice Md Abdul Wahhab Miah, Justice Hasan Foez Siddique and Justice AHM Shamsuddin Choudhury Manik. Death sentence The subordinate court awarded him death sentence on two counts of charges each. These are charge nos 3 and 4. But the SC considered one charge as the basis of capital punishment. The SC upheld death sentence of Kamaruzzaman on charge no-3 for committing large-scale massacre in Sohagpur village of Nalitabari upazila of Sherpur. He along with Pakistani forces eliminated almost all men of the village. It is rumoured that the village turned male-less during liberation war. Several widows adduced their evidence with tearful eyes. The SC upheld death sentence to Kamaruzzaman on charge no 3 on majority view. Of the four judges, three agreed with death sentence while another gave dissenting view. All of the judges, however, agreed to the point the accused person committed the crimes as described in charge no-3. Apart from upholding death sentence on the above charge, the SC modified the verdict a little bit. Modification of other sentences The death sentence awarded by the subordinate court on charge no 4 has been commuted to life imprisonment. Life imprisonment awarded earlier on charge no 7 has been upheld. However, the accused was acquitted of charge no 1. He was awarded life imprisonment on the count. The subordinate court sentenced him to 10 years’ rigorous imprisonment (RI) on charge no-2. The conviction remains unchanged in the SC. Execution of the SC order Law Minister Anisul Haque said the SC verdict should be executed within 21-28 days. The condemned prisoner Kamaruzzaman may seek clemency of the President within 7 days. He was addressing a press briefing at his Gulshan office yesterday afternoon. He said if Kamaruzzaman does not seek mercy, his execution may be expedited. Replying to a query, he said Kamaruzzaman has no right to seek review of the judgment. He cited the case of Kader Mollah. The SC rejected Mollah’s review petition and he was hanged finally. On the other hand, Attorney General Mahbubey Alam said it is just a matter of procedure to execute the order. It is necessary to get certified copy of the verdict. Such copy will be sent to the Dhaka DC/district magistrate and jail authorities. The SC may issue short order or complete verdict. I prayed for a short order. The court said the matter will be looked into. Echoing the view of law minister, Mahbubey Alam said Kamaruzzaman has no right to get his judgment reviewed. The war crimes trial is being held under a special law which is protected by the constitution. So, article 105 of the constitution which provides for review is not applicable for war crimes convict. However, defence lawyer Tajul Islam said they will file review petition after getting certified copy of the verdict. He said it is a constitutional right of a convict to file review petition. Kamaruzzaman was facing seven counts of crimes against humanity charges. On May 9 last year, the International Crimes Tribunal (ICT) sentenced Kamaruzzaman to death on two counts and life term for two other charges. Besides, he was sentenced to 10 years’ rigorous imprisonment (RI) on yet another. He was acquitted of two other charges. On June 6 last year, Kamaruzzaman filed appeal with the SC against the ICT verdict seeking acquittal. The SC closed the curtain of appeal hearing on September 17 and kept the matter Case Awaiting Verdict (CAV). Jamaat assistant secretary general Kamaruzzaman was allegedly one of the key organisers of the infamous Al Badr force who committed crimes against humanity during Bangladesh Liberation War in 1971. His involvement in killing 164 people in Sohagpur village and one Golam Mostafa of Gridda Narayanpur village in Sherpur in 1971 earned him the highest penalty. The Jamaat leader was found guilty of mass killing, murder, abduction, torture, rape, persecution, and abetment of torture in greater Mymensingh district during the Liberation War in 1971. In its verdict, ICT said the accused, Muhammad Kamaruzzaman son of the late Insan Ali Sarkar of village Mudipara, Police Station-Sherpur, Sadar, District Sherpur at present House No. 105, Road No. 4, Block No. F, Section-11, Journalists Residential Area, Police Station Pallabi, Dhaka Metropolitan Police [DMP], Dhaka, is found guilty of the offences of crimes against humanity and be hanged by the neck till he is dead. Death sentence charge Charge no 3 says in the early morning of July 25, 1971, Kamaruzzaman advised members of Al-Badr and Razakar [another auxiliary force] to commit a large- scale massacre, in association with Pakistani troops, in Sohagpur village of Nalitabari upazila of Sherpur. The collaborators murdered 164 unarmed civilians, 44 of whom are named, and raped women. Life imprisonment charges Charge no 4 says on August 23, 1971, at the behest of Kamaruzzaman, collaborators took Golam Mostafa, son of late Asir Uddin of village Gridda Narayanpur in Sherpur, to an Al-Badr camp. The Jamaat leader and his accomplices brought Mostafa and one Abul Kasem to Serih Bridge and shot dead them. Kasem survived as he jumped into the river but suffered injuries in his fingers. Mostafa died on the spot. Charge no 7 says on Ramadan 27, one Tepa Mia and his elder son Zahurul Islam Dara were abducted by Kamaruzzaman, who was accompanied by 15-20 armed Al-Badr members, from Golapjan Road, Mymensingh. They were brought to the Al-Badr camp at District Council Dak Bungalow. The following morning, along with five others, the father and the son were lined up on the bank of river Brahmaputra. Tepa Mia, when he was about to be charged with a bayonet, jumped into the river. As the collaborators fired at him, he received injuries in the leg but managed to escape. But the remaining six were killed. 10 years RI charge Charge no 2 says he along with his accomplices compelled pro-liberation intellectual Syed Abdul Hannan, the then principal of Sherpur College, to walk naked through the town under constant whipping in mid-May of the same year. Acquittal charge Charge no 1 says Kamaruzzaman along with others abducted Badiuzzaman on June 29, 1971 and tortured him to death at Ahammed Nagar army camp the following day. Birth and political background Born in Sherpur on July 4, 1952, Kamaruzzaman was president of Islami Chhatra Sangha (ICS) in greater Mymensingh in 1971. The pro-Jamaat student body was later renamed Islami Chhatra Shibir. ICS members formed AL-Badr to collaborate with the Pakistani military that committed genocide and mass killing during the Bangladesh War of Liberation, according to historical records. Under Kamruzzaman’s leadership, all members of ICS of greater Mymensingh district were recruited in Al Badr. Arrest Kamaruzzaman was arrested on July 13, 2010 from outside the High Court area in a case for committing massacre at Pallabi in Dhaka in 1971. Jamaat assistant secretary general Kader Mollah was already executed for war crimes charge had been arrested at the afternoon of the same day. Formal charge The prosecution placed formal charges against Kamaruzzaman on January 15, 2012, and he was indicted for various crimes against humanity on June 4.
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