Review Petition: Ali Ahsan Muhammad Mujahid v The Chief Prosecutor

Case Law

Citetion: Criminal Review Petition no. 62/2015

Summary of the Case:

In total seven charges have been brought against Ali Ahsan Muhammad Mujahid, the then President of Islami Chhatro Sangho, East Pakistan and Head of AL-badar bahini. The first charge brought against Ali Ahsan Mohammad Mujahid for abetting, facilitating and contributing the actual commission of offence of ‘ abduction as crime against humanity’ or in the alternative, for abetting, facilitating and contributing the actual commission of offence of ‘murder as crime against humanity’, by his conduct which was part of attack against civilian population and also targeting a notable member of ‘intellectuals’ as specified in section 3(2) (a) (g) of the Act for which the accused has incurred liability under section 4(1) and 4(2) of the Act. The first charge is specifically related to the Event of notable Journalist Seraj Uddin Killing in Dhaka. The ICT-2 BD found the accused guilty of this charge but did not award any sentence for this separate offence as this charge and number 6 charges are identical. The appellate division also confirmed this conviction. The second charge was framed against the accused that accompanied the group of perpetrators to the crime site and thereby he facilitated and provided moral support to the commission of crimes of mass killing of civilians belonging to Hindu community. But the court acquitted him of this charge despite the testimony of P.W-8 and P.W-10. The charge no 3 against Mujahid is offence of confinement and torture of Ranjit Nath in the June, 1971 in Faridpur. The accused also had the clear intention to kill Ranjit Nath. With the testimony of victim himself the ICT-2 BD found the accused guilty and sentenced him to suffer 5 years of imprisonment for the crimes as listed in Charge No. 3. The charge No. 4 was framed against accused relating to the event of confining and causing torture to Abu Yusuf Pakhi. Though in this charge the ICT-2 BD didn’t find the accused guilty and acquitted him. The charge no.5 of killing of numerous civilians at the army camp at Nakahlpara old MP hostel, which constitutes offence of murder as crime against humanity. With the testimony of P.W-2 Bicchu Jalal, the ICT-2 BD found the accused guilty of this offence and sentenced him imprisonment for life for the crimes under charge no. 5. The appellate division also did confirm this punishment. The charge no. 6 is about the intellectual killing in Dhaka just before the victory of Freedom fighters. The accused’s superior position in the infamous Al-badar force and instigation made by him cause the killing of the nation’s brightest sons. Testimonies from Shahriar Kabir, Bicchu Jalal, Mahbub Kamal, Shahin Reza Noor were given and documentary evidences like the paper cutting with pictures and statements quoting the accused of Dainik Sangram, Dainik Pakistan were presented before the Court. Considering the evidences Court found the accused guilty and gave ‘single sentence of death’ for the crimes as listed in charge no 6. The appellate division also confirm this death penalty in it’s judgment.

The charge no. 7 against Mujahid relates to Hindu civilians killing at Bakchar village in Faridpur. The ICT-2 BD found him guilty through the testimony of Eye witness Shakti Saha who is relative of killed person. The court gave a ‘single sentence of death’ for the crimes as listed in charge no 7 and be hanged by the neck till he is dead under section 20(2) of the International Crimes (Tribunals) Act, 1973. The appellate division allowed the part appeal in this charge and commuted this to Imprisonment for life in the Judgment.

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Iftekhar Sahariar

Iftekhar Sahariar

Iftekhar Sahariar is currently persuing his LLB Degree in University of Rajshahi in his final year. He is the Senior Editor of Bangladesh Journal of Legal Studies. Continuing with excellent academic result he brought glory for his department as well as for his University in co-curricular activities. He has successfully completed an internship under USAID’s Justice for All Program where he worked in Govt Legal Aid program in the root level. He participated as a researcher in 10th Henry Dunant Memorial Moot Court Competition. He was the mooter of champion team of Barrister Syed Ishtiaq Ahmed and Justice Naimuddin Ahmed Memorial Moot Court Competitions. Iftekhar won the Justice KM Sobhan Memorial ‘Best Mooter; award in 16th Human Rights Summer school. He also achieved the ‘Best Performance Award’ in 2nd Winter school. Iftekhar works as an executive member of Rajshahi University Moot Court Society (RUMCS). He holds fellowship of 16th Human Rights Summer School, organized by ELCOP and 2nd Winter School, organized jointly by Liberation War Museum & Center for the Study of Genocide and Justice. Iftekhar is currently working with Liberation War museum on a research of collecting memories of Liberation War of Bangladesh. He can be reached at isahriar@gmail.com.
Iftekhar Sahariar

Iftekhar Sahariar

Iftekhar Sahariar is currently persuing his LLB Degree in University of Rajshahi in his final year. He is the Senior Editor of Bangladesh Journal of Legal Studies. Continuing with excellent academic result he brought glory for his department as well as for his University in co-curricular activities. He has successfully completed an internship under USAID’s Justice for All Program where he worked in Govt Legal Aid program in the root level. He participated as a researcher in 10th Henry Dunant Memorial Moot Court Competition. He was the mooter of champion team of Barrister Syed Ishtiaq Ahmed and Justice Naimuddin Ahmed Memorial Moot Court Competitions. Iftekhar won the Justice KM Sobhan Memorial ‘Best Mooter; award in 16th Human Rights Summer school. He also achieved the ‘Best Performance Award’ in 2nd Winter school. Iftekhar works as an executive member of Rajshahi University Moot Court Society (RUMCS). He holds fellowship of 16th Human Rights Summer School, organized by ELCOP and 2nd Winter School, organized jointly by Liberation War Museum & Center for the Study of Genocide and Justice. Iftekhar is currently working with Liberation War museum on a research of collecting memories of Liberation War of Bangladesh. He can be reached at isahriar@gmail.com.

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