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War Crimes Trial

Suspects freed after Bangabandhu killing

Prosecution witness in Subhan's case tells tribunal

Staff Correspondent
A freedom fighter yesterday said the local collaborators of the Pakistani army in Pabna, who had committed numerous crimes during the liberation war, got released after the Collaborators Act-1972 was repealed following the political change-over in August 1975.
Fazlur Rahman Fantu, the 11th prosecution witness in the case against Jamaat-e-Islami leader Abdus Subhan, also said the accused left Bangladesh for Pakistan probably in November 1971 along with his political guru Ghulam Azam, a war crimes convict.
Subhan, then Pabna Jamaat chief and a
top leader of Pabna Peace Committee, returned to Bangladesh after Bangabandhu Sheikh Mujibur Rahman's assassination on August 15,1975, hesaid.
Fazlur, an acting editor of a local weekly in Pabna, gave the information, while being cross-examined for the second day yesterday. Fazlur testified on Sunday that he saw Subhan and his cohorts stab three people to death in Ishwardi on April 17-18,1971.
He also said Jamaat men operated a torture cell in Iswardi, where the lists of proliberation people were prepared and decisions were taken before killing them and Subhan used to visit the cell. At one stage of cross-examination yesterday, defence lawyer Mizanul Islam asked Fazlur whether he had felt any necessity to bring the people, who had committed crimes in collaboration with the Pakistani army, to book immediately after the war. “I didn't file any complaint personally," Fazlur replied.
"However, Khoda Baks Kha, Ismail Moulana, Hariuddin, Akmal, advocate Mojaheed, Abdul Quader, Siddique were behind the bars after independence on charges of different crimes during the liberation war [in Pabna]," he continued.
"But, they came out of jail after the then government repealed the Collaborators Act on December 31,1975. As they [collaborators] were in jail, I didn't lodge any complaint |againstthem]," hesaid.
Khoda Baks controlled a torture cell in Iswardi while Harisuddin accompanied Subhan in committing crimes, Fazlur said.
According to historical documents, the government formed special tribunals under the 1972 act for trying the collaborators of the Pakistnai army during the nine-month war.
On November 30, 1973, the Mujib government announced a general amnesty and around 26,000 people, who were in jail on the charge of collaboration, were freed.
But individuals punished for or accused of rape, murder, arson and looting did not come under the purview of the amnesty and around 11,000 were behind bars.
The collaborators got freed when the martial law government headed by president ASM Sayem and practically dominated by Gen Ziaur Rahman, who was one of the three deputy chief martial law administrators, repealed the Collaborators Act on December 31,1975.
In response to a query of the court, Fazlur said Subhan returned to Bangladesh after the killing of Bangabandhu on August 15,1975. The court, however, did not record this answer.
Later, Mizanul completed cross-examining Fazlur with a suggestion that the witness gave "false testimony" implicat-ingSubhan after beingtutored, which Fazlur denied.
The three-member tribunal led by Justice Obaidul Hassan adjourned the proceeding until today.