Discharge Petition of Mojaheed
Defence arguments continue
The defence counsels yesterday continued their arguments for the petition that seek discharge of Jamaat leader Ali Ahsan Mohammad Mojaheed from the charges of crimes against humanity at International Crimes Tribunal-2.
Abdur Razzaq, chief of defence counsels of the detained Jamaat leaders, started his submission by saying that the trial was being held for “political purposes”, an argument the defence counsel had iterated in the cases of all war crimes accused.
Citing comments of some cabinet members on the war crimes trial published in newspapers, Razzaq claimed that the trial was being “interfered by executives.”
“And the executive interference proved that the prosecution is for political purposes”, the counsel said and sought his client's discharge.
Repeating his arguments from other war crimes cases, Razzaq claimed that 195 Pakistani army personnel were the “principal accused” of war crimes, and since they were released under a tripartite agreement, their abettors or aides could not be tried.
Mojaheed was a mere student leader during the war, Razzaq said, but the prosecution accused him as a leader of Al Badr Bahini [a collaboration force of Pakistan Army].
“That he [Mojaheed] was the commander of Al Badr must have to be established through evidence. But where is the evidence?” he said. “There is no evidence that he was even a member of Al Badr Bahini.”
The prosecution however on May 24 placed a photo of Daily Azad published on December 11, 1971, which shows Mojaheed addressing a meeting of Al Badr.
Earlier, the prosecution alleged that the accused, through his speeches and media statements, provoked his followers to “eliminate” freedom fighters and pro-liberation Bangalees in 1971.
Refuting the allegations, Razzaq said as the secretary general of East Pakistan Islami Chhatra Sangha, Mojaheed visited different districts and delivered speeches during the war, but the prosecution had failed to establish a causal link between the speeches and the alleged crimes.
The three-member tribunal headed by its Chairman Justice ATM Fazle Kabir with member Justice Obaidul Hassan and Judge Md Shahinur Islam adjourned the proceedings till today
Razzaq completed his arguments on seven charges and will resume his arguments today.
Mojaheed, who is facing 32 charges of crimes against humanity allegedly committed during the Liberation War of 1971, was produced at the dock yesterday.
Earlier on the day, the prosecution placed two separate petitions before the tribunal for its consideration.
The tribunal will hold hearing on the petitions tomorrow.
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