Tanim Ahmed
Dhaka, Jan 11 (bdnews24.com)—The war crimes tribunal ordered Jamaat-e-Islami linchpin Ghulam Azam –the most high-profile war crimes suspect in Bangladesh – into the Dhaka Central Jail, refusing him bail on Wednesday.
The International Crimes Tribunal, set up to try crimes against humanity committed during the 1971 Liberation War, rejected the bail plea noting that there were formal charges against Azam which it had taken cognisance of.
Azam was produced before the tribunal according to a previous order of Monday.
The court room was filled to the brim as the Jamaat guru's hearing began amid palpable tension.
The former Jamaat chief appeared to have come prepared to go to jail as a small dark grey hard top suit case, the size of a carryon cabin baggage, was also taken aboard the Black Maria.
Rejecting his bail plea, the three-judge panel ordered the prosecution to submit a list of witnesses and all documents that it wished to rely upon by Thursday.
Azam's defence was directed to collect them by Sunday (Jan 15). Justice Nizamul Huq-led tribunal set Feb 15 for hearing on framing charges against him.
His counsel Abdur Razzaq said in his petition that the bail plea was made solely on compassionate and humanitarian grounds given that his client was almost 90 and suffered from a number of old-age ailments.
The senior defence counsel said that Azam was suffering from hypertension, diabetes, electrolytic imbalance, neck pain, back pain, knee pain, arthritis, vision loss besides a few other ailments.
He also said that Azam had been recommended complete bed rest by a medical board, the repertoire of which he read out in detail. Razzaq added that his client had very restricted movement. "We have categorically mentioned that [Ghulam Azam] cannot move without the help of another person."
At this point the tribunal chief, Justice Huq asked, "Where have you written that?"
Razzaq read out a paragraph which stated that Ghulam Azam had limited movement and could not move freely. He then explained, "Well it says the same thing in so many words."
Razzaq then inquired if it might be amended. Justice Huq said that would not affect the order.
Chief prosecutor Ghulam Arieff Tipoo then rose up to say that the accused petitioner's old age should certainly be taken into consideration. But the case at hand, Tipoo said, warranted more serious consideration.
He said this man headed the Jamaat-e-Islami, "which mobilised its forces from one corner of the country to another."
Tipoo continued that Jamaat had then activated is student wing, the Islami Chhatra Shangha and formed Al Badr, Al Shams and Razakar units to actively oppose the liberation forces and carry out nationwide atrocities.
"Even the defence does not deny that there were atrocities across the country in 1971."
Tipoo went on, "The involvement of Ghulam Azam was of a serious nature and impacted the whole country."
He noted that there were three million lives lost, 400,000 women raped and about 10 million people were made refugee, which was partly due to the atrocities of the forces under Azam's command.
The chief prosecutor referred to a case of an 89-year old US citizen who was extradited to Germany in 2009 once there was evidence that this man was an accessory to the murder of 27,000 Jews in 1942 during the World War II.
"He was taken into custody on May 12, 2009 in Munich."
The man was convicted two years later, Tipoo said. He also referred to deliberations of Razzaq who had referred to the case of Abdul Alim since the same tribunal had given him bail on the same grounds. Tipoo said the case was different since the man was visibly in a wheel chair and could not move about at all.
The chief prosecutor, who has been practising law for over 50 years, pointed out that he himself was a man of 82 and had to wear knee cups and cover his knees with crepe bandage in order to be able to move about.
"But old age alone cannot be a consideration in this instance. Furthermore, his bail would seriously put the case at risk. So his bail prayer may be rejected."
Tribunal chief Nizamul Huq then noted down the arguments of the defence about the compassionate ground and the prosecution's contention that Ghulam Azam was the main man who had been charged with the crimes against humanity.
He noted that the tribunal was only interested in ensuring a fair trial. "Who is guilty and who is not will be decided after the trial."
But considering the seriousness of the case at hand and its stature, he said the tribunal was "not inclined to enlarge Ghulam Azam on bail." He went on, "Let him be taken into custody." The bail petition was thus rejected.
When defence counsel Abdur Razzaq requested for division in jail, the tribunal declined to give the order and referred him to the jail authorities.
"We have not given such an order up to this point. Why don't you apply to the jail authorities and see what happens?"
Razzaq was insistent that the tribunal could still issue such an order using its 'inherent powers', upon which Justice Huq told him that he may return to the court if Ghulam Azam were refused division in the jail.
After the hearing, he was taken to a prison van, which immediately started for jail amid tight security.
The former Jamaat chief was escorted out of the court room at 11:30am. He left the premises at noon and reached the Dhaka Central Jail around a quarter hour later.
The tribunal on Monday took prosecution charges of crimes against humanity against Azam into cognisance and asked his lawyer to produce him before the tribunal on Wednesday. In case of failure, the tribunal had said an arrest warrant would be issued.
He had filed a bail petition on Tuesday, citing old-age and health complications.
Azam entered the tribunal with some lawyers after 10am. He was taken inside on a wheel chair.
Meanwhile, various groups gathered on the tribunal premises with placards and festoons demanding trial of Azam on Wednesday.
Extra police were deployed to ensure security.
On Dec 12, the prosecution brought a 52-point charter of charges against Azam and appealed for his arrest. Later, following the tribunal order, charges were re-arranged and presented to the tribunal on Jan 5.
A Pakistani citizen until 1994, Azam had allegedly lead the infamous, 'Peace Committees' and collaborated with the Pakistan Army.
He also reportedly advocated a unified Pakistan in the Middle Eastern countries during the war.
He stayed in London for seven years after 1971 and came back to Bangladesh during the rule of Ziaur Rahman in 1978. He led Jamaat as its Ameer until 2000.
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