MOTIUR RAHMAN NIZAMI Vs. GOVERNMENT OF BANGLADESH

JUDGEMENT

(1.) This Criminal Appeal under section 21(1) of the International Crimes (Tribunals) Act, 1973 has been preferred by the convict appellant Motiur Rahman Nizami against the judgment and order dated 29.10.2004 passed by the International Crimes Tribunal-1 in ICT-BD Case No. 03 of 2011 convicting the accused-appellant on the Charge Nos. 1,2,3,4,6,7,8 and 16 for the offences of Crimes Against Humanity under section 3(2)(a)(g) and (h) read with section 4(1) and 4(2) of the International Crimes (Tribunals) Act, 1973 and sentencing him to imprisonment for life in respect of Charge Nos. 1,3,7 and 8 and to 'death' in respect of Charge No. 2, 4,6 and 16 under section 20(2) of the said Act of 1973. During the War of Liberation of Bangladesh in 1971, the Pakistani armed forces, with the cooperation and aid of its auxiliary forces namely Rajakars, Al-Badr, Al-shams, committed atrocities, including murder, rape and other crimes against humanity and genocide throughout the whole of Bangladesh. During nine-month long Liberation War of Bangladesh about three million people were killed, nearly a quarter million women were raped and over ten million people were deported to India causing brutal persecution upon them. Following the launching of "Operation Search Light" by the Pakistani military on the night following 25th March, 1971 the Liberation War of Bangladesh started and ended on 16th of December, 1971 with surrender of Pakistani military personnel present in Bangladesh. The people of the then East Pakistan wholeheartedly supported and participated in the war of liberation of Bangladesh but a small number of Bangalees, Biharis and members of some religion-based political parties collaborated with the Pakistani military to oppose the creation of independent Bangladesh. They co- operated and aided the Pakistani armed forces to commit murder, rape, and other crimes against humanity and genocide. Towards the end of nine-months War, sensing Pakistan's imminent defeat, the Pakistani military with the aid and co-operation of its auxiliary forces namely Razakars, Al-Badr, Al- Shams, systematically rounded up, tortured and killed hundreds of intellectuals of different professions- the nation's brightest luminaries-to intellectually cripple Bangladesh.