A belated ban of criminal organisations
Verdict in Ghulam Azam’s case had given the legal scope one decade ago
The verdict in the case against Ghulam Azam for his crimes against humanity in 1971 Liberation War had given the government a legal scope to ban Jamaat and Shibir on similar charges.
Eleven years have gone by since the judgment proclaimed by the International Crimes Tribunal (ICT).
The ban finally took place and crimes against humanity committed in 1971 was one of the three reasons the government imposed a ban on Jamaat-e-Islami and Islami Chhatra Shibir. Two other reasons included their terrorist activities in the recent violence.
Apart from known history, their 1971 crimes was in legal evidence in the trial of the war criminals.
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The ICT, formed for holding trial of the crimes against humanity, in almost every cases found Jamaat and its student front Islami Chhatra Shibir (formerly Islami Chhatra Sangha) had been responsible for genocide and other war crimes during the country's Liberation War in 1971.
In banning the Jammat and Shibir, the government referred to at least three such cases: one against Ghulam Azam (ICT-BD case no 06 of 2011), one against Abdul Qader Molla (ICT-BD case no 02 of 2012) and another against Kamaruzzaman (ICT-BD case no 03 of 2012).
A revisit to the verdict of the case against Ghulam Azam, proclaimed by ICT-1 on 15 July 2013 found it held responsible Jamaat and its student front for such heinous crimes and observed the government can debarring the anti-liberation elements in politics.
"In the interest of establishing a democratic as well as non-communal Bangladesh, we observe that no such anti-liberation people should be allowed to sit in the helm of executives of the government, social or political parties including government and non-government organisations," the verdict had said.
The three-member ICT-1 included Justice ATM Fazle Kabir (chairman), and Justice Jahangir Hossain (member) and Justice Anwarul Haque (member).
"We are of the opinion that the government may take necessary steps to that end for debarring those anti-liberation persons from holding the said superior posts in order to establish a democratic and non-communal country for which millions of people sacrificed their lives during the war of liberation," the verdict had said.
Taking the contextual circumstances coupled with documentary evidence into consideration, the judgment said: We are led to observe that Jamaat-e-Islami as a political party under the leadership of accused Prof. Ghulam Azam intentionally functioned as a 'Criminal Organisation' especially during the War of Liberation of Bangladesh in 1971.
The three-member tribunal had also expressed annoyance as the Jamaat was being led by the anti-liberation elements and the leadership was misguiding the young generation.
"Jamaat-e-Islami along with its subordinate organs actively opposed the very birth of Bangladesh in 1971 and after 42 years (in 2013), it is noticed that some of the anti-liberation people are still staying in the helm of Jamaat-e-Islami," the judgment had said.
As a result, the verdict had said, young generation belonging to Jamaat-e-Islami are being psychologically reared up and nurtured with anti-liberation sentiment and communal feeling which is a matter of great anxiety for a nation.
"There is no proof before the nation that those who played anti-liberation role in 1971, have ever changed their attitude towards liberation war by expressing repentance or by showing respect to the departed souls of 3 million martyrs," the tribunal had observed.
It said: At that time (1971) Jamaat-e-Islami itself acted as an auxiliary force under the Pakistan armed forces. Leaders of Jamaat had also leadership over Al-Badar Bahini and Islami Chatra Shangha was the student front of Jamaat and the Chatra Shangha formed Rajakar Bahini, and they also formed Al-Badr Bahini.
A ban on Jamaat and Shibir had been long, precisely since their comeback, from a 1972 constitutional ban, to politics following the assassination of Bangabandhu in 1975.
The demand got momentum since the late Jahanara Imam built a massive movement demanding trial of the war criminals in 1992. The 2013 Gonojagoron had also a demand to put a ban on politics of Jamaat-Shibir and all other religious political organisations.
Although the demand was met today (1 August, 2024), the Jamaat had lost its registration with the Election Commission following an apex court verdict in 2014.
