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POST TIME: 3 February, 2016 00:00 00 AM / LAST MODIFIED: 2 February, 2016 11:26:27 PM
Martyrs� number is resolved issue: ICT
Tribunal hands down death penalty to Taher, Noni
MUHAMMAD YEASIN

Martyrs’ number is resolved issue: ICT

The International Crimes Tribunal (ICT) yesterday observed that it is settled and an undisputed historical fact that 30 lakh people became martyrs in the Liberation War in 1971.  The three-member ICT panel, headed by Justice Anwarul Haque, made the observation while delivering its verdict in war crimes cases against two Razakars, Obaidul Haque Taher and Ataur Rahman Noni of Netrakona, for committing crimes against humanity during the Liberation War.
In the verdict, the ICT awarded the death penalty to 66-year-old Taher and his associate, 62-year old Noni, as four out of six charges pressed against them were proved beyond reasonable doubt. “Undisputed history says that the Bengali nation and freedom fighters fought for nine months to free their homeland Bangladesh from Pakistani armed forces,” it observed. “Three million people laid down their lives, hundreds of thousands of women sacrificed their supreme honour for the cause of freeing their dear motherland Bangladesh,” the ICT said. The observation comes at a time when BNP chairperson Khaleda Zia has raised questions on the number of martyrs of the Liberation War, and her party is backing it up. A sedition suit is now pending before the trial court against Khaleda for her comments about the number of freedom fighters. “This settled history is now indisputably mingled with the nation's holy emotion and the glory of the War of  Liberation through which the people achieved their motherland, Bangladesh,” the tribunal noted.
“As a result of the Liberation War in 1971, three million (30 lakh) people were killed, more than two lakh women  raped, about 10 million (one crore) people deported to India as refugees and millions of others were internally displaced. It also experienced unprecedented destruction of properties all over Bangladesh,” the tribunal observed.
In a jam-packed courtroom, the three-member panel of the ICT handed down the death penalty to Taher and Noni.
In its verdict, the tribunal said: “In view of the above discussion and considering the nature and gravity of offences, and also taking the factors as discussed above into account, we are of the view that no punishment other than death will be equal to the said horrendous and barbaric crimes for which the accused persons have been found guilty beyond reasonable doubt on charges 3 and 5. It may be mentioned that the accused persons expressed no repentance for their conduct at any stage, and we do not find any mitigating factors to award lesser sentence to the accused persons other than death.”
“They are convicted and sentenced to death for each of the two charges and the sentences are to be executed by hanging the accused persons by the neck or by shooting them till they are dead, as decided by the government, under Section 20(2) of the International Crimes Tribunal Act,” the tribunal verdict said.
It also said: “As for charges 1 and 2, they are to be convicted accordingly and sentenced thereunder to suffer imprisonment for life till their natural death, for each of the said two charges under Section 20(2) of the said Act.”
 However, as and when any one of the two death sentences will be executed, the other sentence of death and  sentences to suffer imprisonment for life till natural death would naturally get merged into the sentence of death first executed, the verdict added.
 The convicts are at liberty to prefer appeal before the Appellate Division of the Supreme Court of Bangladesh against their conviction and sentence within 30 days of the date of order of conviction and sentence, as per provisions of Section 21 of the International Crimes (Tribunals) Act, 1973, according to the verdict.
 The ICT started reading out the 268-page verdict at 10:34am in the presence of Taher and Noni. The prison authorities produced the two before the tribunal as per its directive yesterday morning.
 The prosecution has brought six charges against them for their involvement in wartime offences. But the prosecution has been able to prove four charges, while two were not proven.
 According to the first charge, Razakar commander Taher and his accomplice Noni, accompanied by other accomplices and the Pakistan army on August 17, 1971, attacked Baushi Bazar in the Barhatta police station area and looted valuables from 400-450 shops and 20-25 houses of Hindus.
They detained and tortured up to eight people, including local Awami League leader Fazlur Rahman. All but Fazlur were released. Taher, Noni and their accomplices took Fazlur to Trimohoni Bridge and shot him dead.
 The ICT awarded imprisonment till natural death for the charge.
 The second charge says Razakars, under the leadership of Taher, on October 4, 1971, caught footballer Dabir Hossain at Sree Sree Narosingh Jeur Akhra and took him to the Zilla Parishad Bungalow where he was tortured. He was later shot dead near Moktarpara Bridge in Netrakona town.
 The tribunal sentenced the duo imprisonment till their natural death for the charge.
 The third charge says the two, accompanied by other accomplices and Pakistani soldiers, attacked Laufa village in the Barhatta Police Station area around 2:30pm on October 19, 1971, and detained 10 people. Seven of them were later shot dead, while one survived with bullet injuries and two were freed. Their accomplices also raped several women.  The tribunal awarded them the death penalty for this charge.  According to the fourth charge, in May 1971 the accused occupied one Moloy Biswas’s house at Moktarpara and set up a Razakar camp. The house owner later left Bangladesh for India fearing for his life.  The ICT acquitted the duo of this charge as the prosecution failed to prove it.  According to the fifth charge, between November 15 and 16 Taher and Noni, along with other accomplices, detained seven people, including Badiuzzaman Mukto, an organiser of Mukijuddha, at Birampur Bazar and shot all but one dead.