Charges In Full
Charge 01
That during the first week of June, 1971, during the War of Liberation, at about 10:00am you, Moulana Abul Kalam Azad, alias Bachchu, being a member of Razakar Force and subsequently the local commander of Al-Badar Bahini and/or as a member of a group of individuals and your accomplices, apprehending Ranjit Nath alias Babu Nath from near the shop of Habi Matabbar at 'Khabashpur' in Faridpur town started torturing him and then brought him to Major Akram Qureshi at Faridpur circuit house where Ali Ahsan Mohammad Mujahid, president of Islami Chhatra Sangha, was also found present. Thereafter, after having discussions with him, you brought the apprehended Ranjit Nath alias Babu Nath in front of Faridpur Zilla school, wherefrom he was taken to the house of one Rashid Mia at Molla Bari road in the eastern part of 'Bihari colony' as ordered by the army, with intent to kill him, was kept there confined and in torture. However, at 02:00/02:30am in the night, he somehow managed to escape therefrom by breaking the window.
Therefore, you, Moulana Abul Kalam Azad alias Bachchu (absconding) are hereby charged for your physical participation in and also for substantially contributing to the actual commission of the offence of 'abduction, confinement and torture as crime against humanity' by directing attacks against the Hindu civilian population as specified in Section 3(2) (a) of the Act, punishable under Section 20(2) read with Section 3(1) of the Act.
You are thus liable for the above offences under Section 4(1) of the Act.
Charge 02
That on 26 July 1971 during the War of Liberation, the local Razakers, apprehending Abu Yusuf Pakhi from the locality of Alfadanga, handed him over to the Pakistani army at Faridpur stadium where at about 11:00 am you, Moulana Abul Kalam Azad alias Bachchu, being a member of Razakar Force and subsequently local commander of Al-Badar Bahini and/or as a member of a group of individuals and Ali Ahsan Mohammad Mujahid, discussing with Pakistani army Major Akram Qureshi kept Abu Yusuf confined and caused him inhuman torture. Yusuf saw unarmed civilians, namely, Khalilur Rahman, Masud, Hamed and about more 4/5 hundred men and women confined in different cells of the camp at the stadium. Abu Yusuf Pakhi, during his confinement there for one month and thirteen days, witnessed torture and atrocities committed on youth girls brought by abducting them to that camp by you and your accomplices.
Therefore, you, Moulana Abul Kalam Azad alias Bachchu (absconding) are hereby charged for physical participation in and also for substantially contributing to the actual commission of offence of ‘abduction, confinement and torture as crime against humanity’ by directing attack against the Hindu civilian population as specified in Section 3(2) (a) of the Act which are punishable under Section 20(2) read with Section 3(1) of the Act.
You are thus liable for the above offences under Section 4(1) of the Act.
Charge 03
That on 14 May 1971 at about 15:00 during the War of Liberation you Moulana Abul Kalam Azad alias Bachchu, being a member of Razakar Force and subsequently local commander of Al-Badar Bahini and or as a member of group of individuals being accompanied by 10/12 armed Razakers in a planned way, with intent to commit crime, directing the unarmed Hindu community, attacked the village Kolaron (…) under police station Boalmari district Faridpur, and then entering the house of Sudhangsu Mohan Roy, dragged him and his elder son Monimoy Roy, out to the road of eastern part of their house and that you, after having a talk with Sudhangsu Mohon Roy and his son Monimoy Roy ordered them to go back home and then on their way back to home you, with the rifle in your hand, opened fire, causing the death of Sudhangsu Mohan Roy and grievous injury to his son.
Therefore, you, Moulana Abul Kalam Azad alias Bachchu (absconding) are hereby charged for physical participation in and also for substantially contributing to the actual commission of offence of ‘murder as crime against humanity’ by directing attack against the Hindu civilian population as specified in Section 3(2) (a) of the Act which are punishable under Section 20(2) read with Section 3(1) of the Act. You are thus liable for the above offences under Section 4(1) of the Act
Charge 04
That on 16 May 1971 at about 15:00, during the War of Liberation you, Moulana Abul Kalam Azad alias Bachchu being a member of Razakar Force and subsequently local commander of Al-Badar Bahini and/or as a member of group of individuals being accompanied by 10/12 armed Razakers in a planned way came to the house of Madhab Chandra Biswas at village ‘Purura Nampara’ under police station Nagarkanda, district Faridpur and entering his house apprehended him, who during the War of Liberation used to provide assistance to the freedom fighters, and then dragging him outside about 300 yards far from his house near a pond of Tushti Kumar Mondol you, with the rifle in your hand, gunned him down to death.
Therefore, you, Moulana Abul Kalam Azad alias Bachchu (absconding) are hereby charged for physical participation in and also for substantially contributing to the actual commission of offence of ‘murder as crime against humanity’ by directing attack targeting the Hindu civilian population as specified in Section 3(2) (a) of the Act, punishable under Section 20(2) read with Section 3(1) of the Act. You are thus liable for the above offences under Section 4(1) of the Act.
Charge 05
That on 08 June 1971 at about 12:00 hrs, during the War of Liberation you, Moulana Abul Kalam Azad alias Bachchu being a member of Razakar Force and subsequently local commander of Al-Badar Bahini and/or as a member of a group of individuals, being accompanied by 10/12 armed Razakars, attacked the house of Sudhir Biswas alias Gosai Pada Biswas of village ‘Natibodia’ under police station Boalmari, district Faridpur. The neighbours being panic-stricken started to escape. Then, you and your accomplices apprehended Devi Rani and Shova Rani, the female family inmates of Sudhir Biswas and some other women and took them near a pond where they were lined up. In the course of the incident, you, and your accomplices, brought Devi Rani and Shova Rani back to their house, segregating them from other apprehended women and thereafter, you and your 4/5 accomplices committed gang rape upon them.
Therefore, you, Moulana Abul Kalam Azad alias Bachchu (absconding) are hereby charged for physical participation in and also for substantially contributing to the actual commission of offence of ‘rape as crime against humanity’ by directing attack targeting the Hindu civilian population as specified in Section 3(2) (a) of the Act, punishable under Section 20(2) read with Section 3(1) of the Act.
You are thus liable for the above offences under Section 4(1) of the Act.
Charge 06
That on 03 June 1971, during the War of Liberation you, Moulana Abul Kalam Azad alias Bachchu being a member of Razakar Force and subsequently local commander of Al-Badar Bahini and/or as a member of group of individuals being accompanied by 10/12 armed Razakars launched a planned attack targeting the Hindu community of village ‘Fulbaria’ under police station Nagarkanda, district Faridpur and started looting the house of civilians. In the course of the event, you and your 7/8 accomplices entering inside the house of Chitta Ranjan Das dragged him out and then you, with the rifle in your hand, gunned down him to death.
Therefore, you, Moulana Abul Kalam Azad alias Bachchu (absconding) are hereby charged for the physical participation and also for substantially contributing the actual commission of offence of ‘murder as crime against humanity’ by directing attack targeting the Hindu civilian population as specified in section 3(2) (a) of the Act, punishable under Section 20(2) read with Section 3(1) of the Act.
You are thus liable for the above offences under Section 4(1) of the Act.
Charge 07
That on 17 May 1971, during the War of Liberation you, Moulana Abul Kalam Azad alias Bachchu being a member of Razakar Force and subsequently the local commander of Al-Badar Bahini and or as a member of group of individuals, being accompanied by 30/35 armed Razakers, by launching a planned attack upon the Hindu populated village Hasamdia under police station Boalmari, district Faridpur, in whole or in part, the Hindu religious group, started looting and burning the houses of Hindu civilians causing indiscriminate destruction and killed (1) Sharat Chandra Poddar, (2) Suresh Poddar, (3) Shyama Pada Saha, (4) Jatindra Mohan Saha, (5) Nil Ratan Samadder, (6) Subol Koyal and (7) Mallik Chakravarti, the members of Hindu community, by gun shot. In conjunction of the incident, you and your accomplices abducted (8) Haripada Saha, and (9) Probir Kumar Saha alias Puitta there from and brought them to the river bank of ‘Maindia bazar’ and then you gunned down them to death.
Therefore, you, Moulana Abul Kalam Azad alias Bachchu (absconding) are hereby charged for the physical participation and also for substantially contributing to the actual commission of offence of ‘genocide’ for ‘killing the members of Hindu community’ with intent to destroy the Hindu religious group, either whole or in part as specified in Section 3(2) (c)(i) of the Act, punishable under Section 20(2) read with Section 3(1) of the Act.
You are thus liable for the above offences under Section 4(1) of the Act.
Charge 08
That on 18 May 1971 at about 10:00 hrs, during the War of Liberation you, Moulana Abul Kalam Azad alias Bachchu being a member of Razakar Force and subsequently the local commander of Al-Badar Bahini and/or as a member of group of individuals, being accompanied by 7/8 armed Razakers entering inside the house of Guru Das, a civilian dwellers of village ‘Ujirpur Bazarpara under police station Saltha, district Faridpur and forcibly abducting his daughter Anjali Das (18) there from brought her to the house of one Chan Kaji of village ‘Khardia’ and had caused torture to her keeping confined. After undergoing confinement life for 7/8 days, she got free from your clutches and returned back home.
Therefore, you, Moulana Abul Kalam Azad alias Bachchu (absconding) are hereby charged for the physical participation and also for substantially contributing to the actual commission of offence of ‘abduction, confinement and torture as crimes against humanity’ by directing attack targeting the Hindu civilian population as specified in Section 3(2) (a) of the Act, punishable under Section 20(2) read with Section 3(1) of the Act.
You are thus liable for the above offences under Section 4(1) of the Act
Thus, you have committed the offences under Section 3(2) (a) and Section 3(2)(c)(i) which are punishable under section 20(2) read with Section 3(1) of the Act.
The aforesaid charges of crimes against humanity and genocide described under Sections 3(2)(a) and 3(2)(c) (i) respectively of the Act are punishable under the provisions of Section 20(2) read with Section 3(1) of the Act which are within the cognizance and jurisdiction of this Tribunal. And we hereby direct you to be tried by this Tribunal on the said charges.
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