The International Crimes Tribunal Bangladesh delivered its first verdict in the case of AbulKalam Azad on January 22, 2012. The Tribunal framed eight charges against Azad, who was accused of crimes against humanity and genocide as a member of the auxiliary Razakar force in Faridpur district during the 1971 Liberation War of Bangladesh. Azad absconded and could not be located to be arrested. The Tribunal therefore held the trial in absentia, with a state defense counsel appointed to represent Azad. In its lengthy judgment, the Tribunal provided historical background on the liberation war and the atrocities committed, as well as details of the investigation and procedural history of the case.
This document discusses the various justifications and exceptions in tort law, including voluntary assumption of risk, act of God, necessity, private defense, statutory authority, and judicial acts. It provides definitions and examples for each of these. For voluntary assumption of risk, it explains that consent must be freely given and cannot be for an illegal act. For act of God, the occurrence must be extraordinary and not reasonably foreseeable. Private defense allows reasonable force in self-defense of person or property. Statutory authority and judicial acts provide immunity for actions carried out within official capacity. Contributory negligence can reduce damages if the plaintiff was also at fault.
The document discusses different types of economic systems and how they answer the three basic economic questions of what to produce, how to produce it, and who gets what is produced. It explains that modern economies are mostly mixed, combining market forces with some government intervention. A free market uses supply and demand to determine production and distribution, while a centrally planned economy has the government control and direct all economic decisions. Most countries today utilize a mixed system with market allocation and private enterprise alongside policies to promote public goods and correct market failures.
The document outlines the consumer dispute resolution process in India. It discusses the District Forum, State Commission, and National Commission which make up the three-tier system for resolving consumer complaints. The District Forum is the lowest level and handles first complaints. It must have a president with district judge qualifications. The State Commission is the appellate body that handles appeals from the District Forum and its president must be a High Court judge. The National Commission is the highest level and handles appeals from State Commissions, with its president appointed from Supreme Court judges.
Civil Procedure Code, 1908,
a Universal Doctrine, applied in civil proceedings.
Shah Muhammad
Lecturer,
University Law College Quetta Khojjak Road Quetta
Cantt
The document discusses principles of natural justice that must be followed in disciplinary proceedings against government employees in India according to the country's constitution. It outlines that employees have the right to reasonable opportunity as defined by case law, including knowing the charges against them, accessing documents, cross-examining witnesses, and presenting a defense. The principles of natural justice that must be followed are the rights to an unbiased hearing and judge, and for justice to manifestly appear to have been done. Speaking orders are also required.
This document summarizes John Austin's analytical positivism school of jurisprudence. It outlines that Austin viewed law as the command of the sovereign, with three key aspects: 1) commands are general rules for a community backed by sanctions, 2) a sovereign is the ultimate human source of law, and 3) law and morality are separate, with law defined by its coercive power rather than moral content. The document also notes chief legal philosophers of this school and some criticisms of Austin's theory.
1) The document discusses the legal maxims "injuria sine damno" and "damnum sine injuria".
2) "Injuria sine damno" means a legal injury without damage, and refers to situations where a person's legal right was violated but they did not suffer any financial loss. In these cases, compensation can still be claimed.
3) "Damnum sine injuria" means damage without injury, and refers to situations where a person suffered financial loss but no legal right was violated. In these cases, no compensation can be claimed since no legal wrong occurred.
This document discusses the various justifications and exceptions in tort law, including voluntary assumption of risk, act of God, necessity, private defense, statutory authority, and judicial acts. It provides definitions and examples for each of these. For voluntary assumption of risk, it explains that consent must be freely given and cannot be for an illegal act. For act of God, the occurrence must be extraordinary and not reasonably foreseeable. Private defense allows reasonable force in self-defense of person or property. Statutory authority and judicial acts provide immunity for actions carried out within official capacity. Contributory negligence can reduce damages if the plaintiff was also at fault.
The document discusses different types of economic systems and how they answer the three basic economic questions of what to produce, how to produce it, and who gets what is produced. It explains that modern economies are mostly mixed, combining market forces with some government intervention. A free market uses supply and demand to determine production and distribution, while a centrally planned economy has the government control and direct all economic decisions. Most countries today utilize a mixed system with market allocation and private enterprise alongside policies to promote public goods and correct market failures.
The document outlines the consumer dispute resolution process in India. It discusses the District Forum, State Commission, and National Commission which make up the three-tier system for resolving consumer complaints. The District Forum is the lowest level and handles first complaints. It must have a president with district judge qualifications. The State Commission is the appellate body that handles appeals from the District Forum and its president must be a High Court judge. The National Commission is the highest level and handles appeals from State Commissions, with its president appointed from Supreme Court judges.
Civil Procedure Code, 1908,
a Universal Doctrine, applied in civil proceedings.
Shah Muhammad
Lecturer,
University Law College Quetta Khojjak Road Quetta
Cantt
The document discusses principles of natural justice that must be followed in disciplinary proceedings against government employees in India according to the country's constitution. It outlines that employees have the right to reasonable opportunity as defined by case law, including knowing the charges against them, accessing documents, cross-examining witnesses, and presenting a defense. The principles of natural justice that must be followed are the rights to an unbiased hearing and judge, and for justice to manifestly appear to have been done. Speaking orders are also required.
This document summarizes John Austin's analytical positivism school of jurisprudence. It outlines that Austin viewed law as the command of the sovereign, with three key aspects: 1) commands are general rules for a community backed by sanctions, 2) a sovereign is the ultimate human source of law, and 3) law and morality are separate, with law defined by its coercive power rather than moral content. The document also notes chief legal philosophers of this school and some criticisms of Austin's theory.
1) The document discusses the legal maxims "injuria sine damno" and "damnum sine injuria".
2) "Injuria sine damno" means a legal injury without damage, and refers to situations where a person's legal right was violated but they did not suffer any financial loss. In these cases, compensation can still be claimed.
3) "Damnum sine injuria" means damage without injury, and refers to situations where a person suffered financial loss but no legal right was violated. In these cases, no compensation can be claimed since no legal wrong occurred.
Jurisprudence is the study of law and legal concepts. It has value in better understanding legal complexities and solving problems. There are several schools of jurisprudence including natural law, imperative theory, and legal realism. Jurisprudence is interrelated with other social sciences like sociology, psychology, ethics, economics, history, and political science. Understanding these relationships provides context to legal concepts. Jurisprudence helps with effective interpretation and application of law.
The preamble of the Indian Constitution establishes India as a sovereign, socialist, secular, democratic republic. It aims to secure justice, liberty, equality and fraternity for all citizens. The people of India adopted this constitution on November 26, 1949, establishing the key objectives and principles of the government.
A beautiful poem by Walt Whitman, covering Class XI English Poetry (both CBSE & TBSE). The Poet, the Poem and Summary, with some important questions are added.
Custom in Jurisprudence what is custome and From where it came fromsarwarrahman871
Custom refers to traditional and widely accepted ways of behaving that are specific to a particular society or place. There are two types of customs: legal customs and conventional customs. Legal customs operate as binding rules of law and can be general or local. General customs must be reasonable, exist from time immemorial, and not conflict with statute or common law. Local customs are specific to a defined locality. Conventional customs govern parties to an agreement and must be clearly established and known to the parties. For a custom to be valid and recognized as law, it must meet conditions such as antiquity, continuance, obligatory force, certainty, reasonableness, and conformity with statute law.
The document is a student's project certificate and report on the topic "Going Places" completed under the guidance of their English teacher, Sr. Sunitha. It includes a summary of the short story "Going Places" by A.R. Barton about a teenage girl named Sophie who dreams big but faces disappointment when her fantasies of meeting a famous soccer player don't come true. The student expresses gratitude to their teacher and school for the opportunity to complete the project.
The document discusses several jurisprudential schools of thought including the imperative school, historical school, sociological school, and analytical school. It focuses on the analytical school, noting its main exponents were Bentham, Austin, Holland, Gray, Salmond, and Kelson. The analytical school reacted against natural law theory and was influenced by scientific methods. It viewed law in a positivist manner as commands by a sovereign backed by sanctions. John Austin is discussed as developing this theory in more detail, defining law as a command by a sovereign and distinguishing general and particular commands.
The document summarizes key aspects of the Constitution of India, including its history, preamble, fundamental rights and duties. It discusses the following main points:
- The Constitution came into effect on January 26, 1950, and establishes fundamental political principles and rights.
- The Preamble states the guiding values of the Constitution, including justice, liberty, equality and fraternity.
- The Constitution provides six fundamental rights to citizens, including freedom of speech, religion and equality of opportunity.
- Fundamental duties establish a code of conduct for citizens to uphold the Constitution and national values.
This Presentation I am uploading just for the purpose of guiding on the subject. It might not give the reader whole explanation of the topic so it is advisable to refer other sources also in order to understand the topic. Publisher is not responsible for anything.
Case Comment Presentation - September 10, 2013Gordon Behan
This case discusses an interim distribution from an estate that had been in administration for over 10 years. The three non-executor beneficiaries sought an interim distribution of $15,000-$20,000 each, which the executor opposed claiming the court did not have jurisdiction. The court found it did have general jurisdiction and that the executor did not show just cause for refusing distribution, given the estate had significant liquid assets and few anticipated future costs. It ordered an interim distribution of $10,000 to each beneficiary and costs against the executor personally. This case provides a framework for seeking interim distributions and opens the door slightly for others to do so, but is not an ordinary precedent.
This document discusses when property in goods passes from the seller to the buyer. It outlines several key rules and reasons regarding the passing of property, including:
1. Property passes when the goods are specified, ascertained, appropriated, or delivered. Property may also pass when the risk transfers according to the agreement or custom, even if separated from the property.
2. Determining when property passes is important for deciding who bears the loss if goods are damaged or who is responsible in the event of insolvency.
3. The rules regarding passing of property depend on whether the goods are specific, ascertained, future goods, or if the seller reserves the right of disposal. Risk typically passes with
LLB LAW NOTES ON LAW OF TORTS
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Lecture 1 statutory interpretation on Literal Ruleshummi
The document discusses statutory interpretation and the literal rule approach. It provides examples of cases where the literal rule was applied:
1. R v Bloxham - Bloxham was found liable for theft for selling a stolen car under a literal interpretation of the law, even though he may not have intended to handle stolen goods.
2. Fisher v Bell - A shopkeeper displaying knives for sale was found not liable under a literal interpretation because "display" does not technically constitute "offering for sale" according to contract law.
3. Procter & Gamble v HMRC - Pringles were ruled to not be potato crisps and thus not subject to VAT since, under a literal interpretation of what they are
Role of trade unions in wage rate rate determinationMd. Furqan Sabri
views of classical and modern economist for trade unions in influencing wage rates.
how can trade unions influence wages rates ?
To what extent they can get their wage rates increased ?
Causes of low bargaining power of labour class
CASE ANALYSIS ON - Aruna Ramchandra Shanbaug v. Union of India.
This is widely known as " Passive Euthanasia case". This Landmark judgement is a brief insight on the concept of " Right to Die" & legalizing of Passive Euthanasia in the country.
The document discusses the law of equi-marginal utility, which states that consumers will allocate their expenditures across goods in such a way that the marginal utility per rupee spent is equal for all goods. It assumes utilities are independent and the marginal utility of money is constant. The law allows consumers to maximize satisfaction under their budget constraint. The document provides an example of a consumer with Rs. 5 to spend on goods A and B, each priced at Rs. 1, and calculates the marginal utility for spending units of money on each good until the marginal utilities are equal.
This document provides an introduction to law and economics, covering several key topics:
- It discusses the basic principles of economics and how they relate to areas of law like criminal law, property, contracts, and intellectual property.
- It explains how economic concepts like incentives, costs, benefits, and risk management can help analyze legal issues. For example, analyzing crime through a cost-benefit framework.
- It summarizes some of the economic theories behind different areas of law, such as Coase theorem applications to property disputes and analyzing intellectual property through the lens of transaction costs and incentives.
The International Crimes Tribunal Bangladesh delivered its final judgment in the case of Abdul Quader Mollah on February 5, 2013. The court framed six charges against Mollah relating to the commission of crimes against humanity during the 1971 Liberation War of Bangladesh. Over the course of the trial, both prosecution and defense made arguments from legal and factual perspectives. In its judgment, the court discussed the historical background of the war, charges against Mollah, evidence presented, and found Mollah culpable for the crimes. He was sentenced to life in prison.
The Vested Property Act originated from laws passed in Pakistan in 1965 during its war with India to confiscate properties owned by those deemed "enemies of the state." After Bangladesh's liberation war in 1971, the law was continued under the new name of the Vested Property Act. It allowed the government to seize land and property from religious minorities like Hindus. Over 40% of Hindu families lost property, totaling over 1.6 million acres of land. The law disproportionately impacted Hindus and benefited political parties in power. It caused widespread displacement and hardship and undermined principles of equality and secularism.
Jurisprudence is the study of law and legal concepts. It has value in better understanding legal complexities and solving problems. There are several schools of jurisprudence including natural law, imperative theory, and legal realism. Jurisprudence is interrelated with other social sciences like sociology, psychology, ethics, economics, history, and political science. Understanding these relationships provides context to legal concepts. Jurisprudence helps with effective interpretation and application of law.
The preamble of the Indian Constitution establishes India as a sovereign, socialist, secular, democratic republic. It aims to secure justice, liberty, equality and fraternity for all citizens. The people of India adopted this constitution on November 26, 1949, establishing the key objectives and principles of the government.
A beautiful poem by Walt Whitman, covering Class XI English Poetry (both CBSE & TBSE). The Poet, the Poem and Summary, with some important questions are added.
Custom in Jurisprudence what is custome and From where it came fromsarwarrahman871
Custom refers to traditional and widely accepted ways of behaving that are specific to a particular society or place. There are two types of customs: legal customs and conventional customs. Legal customs operate as binding rules of law and can be general or local. General customs must be reasonable, exist from time immemorial, and not conflict with statute or common law. Local customs are specific to a defined locality. Conventional customs govern parties to an agreement and must be clearly established and known to the parties. For a custom to be valid and recognized as law, it must meet conditions such as antiquity, continuance, obligatory force, certainty, reasonableness, and conformity with statute law.
The document is a student's project certificate and report on the topic "Going Places" completed under the guidance of their English teacher, Sr. Sunitha. It includes a summary of the short story "Going Places" by A.R. Barton about a teenage girl named Sophie who dreams big but faces disappointment when her fantasies of meeting a famous soccer player don't come true. The student expresses gratitude to their teacher and school for the opportunity to complete the project.
The document discusses several jurisprudential schools of thought including the imperative school, historical school, sociological school, and analytical school. It focuses on the analytical school, noting its main exponents were Bentham, Austin, Holland, Gray, Salmond, and Kelson. The analytical school reacted against natural law theory and was influenced by scientific methods. It viewed law in a positivist manner as commands by a sovereign backed by sanctions. John Austin is discussed as developing this theory in more detail, defining law as a command by a sovereign and distinguishing general and particular commands.
The document summarizes key aspects of the Constitution of India, including its history, preamble, fundamental rights and duties. It discusses the following main points:
- The Constitution came into effect on January 26, 1950, and establishes fundamental political principles and rights.
- The Preamble states the guiding values of the Constitution, including justice, liberty, equality and fraternity.
- The Constitution provides six fundamental rights to citizens, including freedom of speech, religion and equality of opportunity.
- Fundamental duties establish a code of conduct for citizens to uphold the Constitution and national values.
This Presentation I am uploading just for the purpose of guiding on the subject. It might not give the reader whole explanation of the topic so it is advisable to refer other sources also in order to understand the topic. Publisher is not responsible for anything.
Case Comment Presentation - September 10, 2013Gordon Behan
This case discusses an interim distribution from an estate that had been in administration for over 10 years. The three non-executor beneficiaries sought an interim distribution of $15,000-$20,000 each, which the executor opposed claiming the court did not have jurisdiction. The court found it did have general jurisdiction and that the executor did not show just cause for refusing distribution, given the estate had significant liquid assets and few anticipated future costs. It ordered an interim distribution of $10,000 to each beneficiary and costs against the executor personally. This case provides a framework for seeking interim distributions and opens the door slightly for others to do so, but is not an ordinary precedent.
This document discusses when property in goods passes from the seller to the buyer. It outlines several key rules and reasons regarding the passing of property, including:
1. Property passes when the goods are specified, ascertained, appropriated, or delivered. Property may also pass when the risk transfers according to the agreement or custom, even if separated from the property.
2. Determining when property passes is important for deciding who bears the loss if goods are damaged or who is responsible in the event of insolvency.
3. The rules regarding passing of property depend on whether the goods are specific, ascertained, future goods, or if the seller reserves the right of disposal. Risk typically passes with
LLB LAW NOTES ON LAW OF TORTS
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Lecture 1 statutory interpretation on Literal Ruleshummi
The document discusses statutory interpretation and the literal rule approach. It provides examples of cases where the literal rule was applied:
1. R v Bloxham - Bloxham was found liable for theft for selling a stolen car under a literal interpretation of the law, even though he may not have intended to handle stolen goods.
2. Fisher v Bell - A shopkeeper displaying knives for sale was found not liable under a literal interpretation because "display" does not technically constitute "offering for sale" according to contract law.
3. Procter & Gamble v HMRC - Pringles were ruled to not be potato crisps and thus not subject to VAT since, under a literal interpretation of what they are
Role of trade unions in wage rate rate determinationMd. Furqan Sabri
views of classical and modern economist for trade unions in influencing wage rates.
how can trade unions influence wages rates ?
To what extent they can get their wage rates increased ?
Causes of low bargaining power of labour class
CASE ANALYSIS ON - Aruna Ramchandra Shanbaug v. Union of India.
This is widely known as " Passive Euthanasia case". This Landmark judgement is a brief insight on the concept of " Right to Die" & legalizing of Passive Euthanasia in the country.
The document discusses the law of equi-marginal utility, which states that consumers will allocate their expenditures across goods in such a way that the marginal utility per rupee spent is equal for all goods. It assumes utilities are independent and the marginal utility of money is constant. The law allows consumers to maximize satisfaction under their budget constraint. The document provides an example of a consumer with Rs. 5 to spend on goods A and B, each priced at Rs. 1, and calculates the marginal utility for spending units of money on each good until the marginal utilities are equal.
This document provides an introduction to law and economics, covering several key topics:
- It discusses the basic principles of economics and how they relate to areas of law like criminal law, property, contracts, and intellectual property.
- It explains how economic concepts like incentives, costs, benefits, and risk management can help analyze legal issues. For example, analyzing crime through a cost-benefit framework.
- It summarizes some of the economic theories behind different areas of law, such as Coase theorem applications to property disputes and analyzing intellectual property through the lens of transaction costs and incentives.
The International Crimes Tribunal Bangladesh delivered its final judgment in the case of Abdul Quader Mollah on February 5, 2013. The court framed six charges against Mollah relating to the commission of crimes against humanity during the 1971 Liberation War of Bangladesh. Over the course of the trial, both prosecution and defense made arguments from legal and factual perspectives. In its judgment, the court discussed the historical background of the war, charges against Mollah, evidence presented, and found Mollah culpable for the crimes. He was sentenced to life in prison.
The Vested Property Act originated from laws passed in Pakistan in 1965 during its war with India to confiscate properties owned by those deemed "enemies of the state." After Bangladesh's liberation war in 1971, the law was continued under the new name of the Vested Property Act. It allowed the government to seize land and property from religious minorities like Hindus. Over 40% of Hindu families lost property, totaling over 1.6 million acres of land. The law disproportionately impacted Hindus and benefited political parties in power. It caused widespread displacement and hardship and undermined principles of equality and secularism.
This document summarizes a report by the UN Special Rapporteur on the situation of indigenous peoples in Nepal. It discusses the country's ongoing transition towards democracy and constitution-making process. It notes that indigenous peoples called Adivasi Janajati make up over a third of Nepal's population but have faced marginalization. While the government has committed to advancing indigenous rights, many challenges remain, including ensuring participation in constitution drafting. The report evaluates implementation of international standards and offers recommendations to strengthen protections for indigenous peoples' rights in line with Nepal's commitments.
This presentation summarizes the genocide of Bangladesh that occurred in 1971 when the Pakistani occupation army and their collaborators mass killed people in East Pakistan during the war of liberation. It defines genocide as the deliberate killing of a large group of people from a particular nation or ethnic group. It describes how Operation Searchlight marked the beginning of the genocide in March 1971, where Pakistani forces attacked across Dhaka and other cities, killing an estimated 50,000 people in the first three days. No international action was taken against the perpetrators of this genocide, which is considered one of the worst in history, though it drew media attention from July 1971 onwards.
Human rights in India face several challenges due to its large population diversity and status as a developing democracy. The constitution provides for fundamental rights including freedom of religion, speech, and movement. However, significant human rights issues remain such as police brutality, extrajudicial killings, torture, and lack of accountability for security forces. Various groups have faced discrimination and rights violations throughout India's history, but the legal system and independent organizations have also worked to protect rights and enact progressive reforms over time.
This document discusses crimes against humanity under international law. It defines crimes against humanity as specific crimes committed as part of a widespread or systematic attack against civilians, regardless of nationality. The Rome Statute lists murder, torture, rape and other inhumane acts as crimes against humanity. Perpetrators of such crimes in locations like Bangladesh, Syria and Palestine in recent decades have caused millions of deaths and displaced persons. The ongoing persecution of Rohingya Muslims in Myanmar, involving killings, rape and destruction of homes, likely constitutes crimes against humanity as well. Landmark trials in Bangladesh have sought to prosecute suspects for crimes against humanity during its war of liberation in 1971.
This document summarizes the rise of Bengali nationalism and self-determination movement in East Pakistan (modern Bangladesh). It discusses the resistance against cultural domination by West Pakistan, the historic Six Point Movement led by Sheikh Mujibur Rahman demanding greater autonomy, and the Agartala Conspiracy Case in 1968 where Mujibur and others were falsely accused of conspiring for independence. The case and subsequent mass protests led to Mujibur's popularity and the withdrawal of the case, weakening the dictatorship of Ayub Khan, which was a key step towards Bangladesh's liberation in 1971.
Introuction: The Representation of Religious Minorities in Pakistani Presskikampus
This document is a thesis that analyzes the representation of religious minorities in two major Pakistani newspapers, Daily Dawn and Daily Jang, over a three month period. It provides historical context on the treatment of religious minorities in Pakistan since its founding, including various discriminatory laws and constitutional amendments that have marginalized groups like Ahmadis, Christians, Hindus, and Zoroastrians. The thesis argues that as an important source of information, newspapers have a responsibility to give adequate and fair coverage to religious minority issues and communities in order to foster mutual understanding and respect between all citizens of Pakistan.
This document provides biographical information about Zulfikar Ali Bhutto and an overview of the contents of a three-volume collection of his writings titled "Politics of the People". It describes Bhutto's early involvement in Pakistan's independence movement and his education in law and political science. It then outlines his career in Pakistan's government, including roles as Commerce Minister and Foreign Minister. The document notes the formation of Bhutto's new political party after leaving government in 1966 and his party's victory in 1970 elections. It concludes by listing the contents of the first volume in the collection, titled "Reshaping Foreign Policy", which contains 27 of Bhutto's speeches, articles and statements from 1948 to 1962 related to Pakistan's foreign policy
This document provides biographical information about Zulfikar Ali Bhutto and an overview of the contents of a three-volume collection of his writings titled "Politics of the People". It describes Bhutto's early involvement in Pakistan's independence movement and his education in law and political science. It then outlines his career in Pakistan's government, including roles as Commerce Minister and Foreign Minister. The document notes the political movement he started after leaving government and his party's election victory in 1970. It concludes by listing the chapter titles for the first volume of his writings, titled "Reshaping Foreign Policy", which are a collection of Bhutto's articles, statements and speeches from 1948 to 1966 on foreign policy topics.
This document provides biographical information about Zulfikar Ali Bhutto and an overview of the contents of a three-volume collection of his writings titled "Politics of the People". It describes Bhutto's early involvement in Pakistan's independence movement and his education in law and political science. It then outlines his career in Pakistan's government, including roles as Commerce Minister and Foreign Minister. The document notes the political movement he started after leaving government and his party's election victory in 1970. It concludes by listing the chapter titles for the first volume of his writings, titled "Reshaping Foreign Policy", which are a collection of Bhutto's articles, statements and speeches from 1948 to 1966 on foreign policy topics.
The document summarizes the key points of Pakistan's constitutional history and the 1973 Constitution. It discusses the origins of the two-nation theory and how it was the basis for Pakistan's creation. It then provides details on the 1973 Constitution, including that it established Pakistan as a parliamentary democracy with the prime minister as head of government and president as ceremonial head of state. It also notes the constitution incorporates Islamic principles and created institutions to interpret Islamic law.
The document discusses the rights of indigenous people in India according to the Indian constitution and international law. It notes that the Indian constitution provides certain protective rights to tribal communities, known as Scheduled Tribes, including educational, cultural, social, economic, political, and employment rights. However, laws aimed at protecting indigenous land rights and self-governance have many shortcomings and failures in implementation. While India voted for the UN Declaration on the Rights of Indigenous Peoples, it does not consider the concept of indigenous peoples or the declaration applicable within India.
THE DIGNITY OF MAN, An Islamic Perspective.pdfccccccccdddddd
This document provides background information on the author Dr. Mohammad Hashim Kamali and his book "The Dignity of Man: An Islamic Perspective". It discusses the origins and development of the concept of human rights after World War II, including the drafting of the Universal Declaration of Human Rights in 1948. It notes that while the Declaration was an important milestone, there was debate around its philosophical underpinnings and cultural influences being predominantly Western. Some Asian and Muslim-majority countries raised objections or concerns that cultural and religious contexts were not fully considered. The document provides this context and history to frame Kamali's examination of human dignity and rights from an Islamic perspective.
This document provides an outline and overview of the constitution and constitutional development of Bangladesh. It begins with definitions of what a constitution is, then discusses the various methods of establishing constitutions, types of constitutions, and the history of Bangladesh's constitutional development. Specifically, it describes how Bangladesh was initially governed by a proclamation of independence and two constitutional orders before adopting its first constitution in 1972. It also summarizes the 14 amendments that have been made to Bangladesh's constitution since its inception.
This document summarizes human rights in India based on a research paper. It discusses key events in India related to human rights protection, including establishing fundamental rights in the constitution and setting up the National Human Rights Commission. It also outlines some continuing human rights issues such as violations by police, communal violence between religious groups, and the historical criminalization of homosexuality. The role of the judiciary in protecting human rights is also examined through landmark court cases related to due process, custodial torture, honor killings, sexual harassment, and inheritance rights for women.
Violation of tribal right in north east IndiaS M Zaki Ahmad
It is the study of the violation of human right in north east India by the state in the name of development and security. In the north east most people are tribal people. According to our constitution tribal people have some special rights. But really these tribal people are not enjoying even basic human right or tribal right. In my study I have tried to understand the problem of tribal people in north east.
The document summarizes the history of Bangladesh from 1947 to 1971, beginning with the partition of British India and the creation of Pakistan and India as separate states. It describes the establishment of East and West Pakistan on either side of India, and the tensions that arose from their separation and cultural differences. Key events included the Bengali language movement of 1952, the election of 1954 which brought Sheikh Mujibur Rahman to power, and his formulation of the Six Points demand for greater autonomy of East Pakistan. Despite Awami League's victory in the 1970 elections, talks over power sharing failed and led to Bangladesh declaring independence in 1971 after the Pakistan army launched a violent crackdown, resulting in war and Bangladesh gaining independence in December 1971
The report documents the state repression of protests against the Citizenship Amendment Act in Uttar Pradesh, India's most populous state. It estimates that approximately 350 FIRs were filed against around 5000 named individuals and over 100,000 unnamed people. Around 3000 people were illegally arrested, many remaining in jail over two years later. At least 23 Muslims were killed by bullet injuries, but the state has denied responsibility and not initiated investigations. Over 500 arbitrary recovery notices were issued for damages of Rs. 3.55 crores without due process. The report highlights how fundamental rights to protest and dissent were violated and many families faced intimidation, harassment and denial of justice after the crackdown on peaceful protests. It calls for the state to make
Similar to Judgment of moulana abul kalam azad bachchu by ict (20)
The document provides information about the International Telecommunication Union (ITU), including its objectives, mission, sectors, leadership, membership, development activities, and the 2012 World Conference on International Telecommunications (WCIT-12). Some key points:
- ITU is a UN agency that coordinates global use of radio spectrum and satellite orbits and sets standards for telecommunications.
- It has 3 sectors: radiocommunication, standardization, and development.
- WCIT-12 addressed proposed changes to international telecom regulations that concerned some as potentially increasing government control over the internet.
- An amended treaty was signed by 89 countries but not the US and others who support the current multi-stakeholder model
China is the world's largest emitter of greenhouse gases and consumer of coal. Coal supplies around 70% of China's energy needs and its coal consumption has increased dramatically in recent years. China has taken steps to address its carbon emissions through plans like increasing renewable energy and implementing more stringent carbon intensity reduction targets. It also has vast shale gas reserves that it aims to develop to replace coal and reduce emissions. However, China still faces challenges in balancing energy demand with sustainable supply and reducing its heavy reliance on coal.
The document summarizes the history and development of telecommunications in Bangladesh. It discusses how the system originated from the British colonial government and was established as the Bangladesh Telegraph and Telephone Department after independence in 1971. It then overviews the legal framework including the Telegraph Act of 1885, the establishment of regulatory bodies like the Telecommunication Regulatory Commission, and policies like the National Telecom Policy of 1998. Finally, it provides details on the current status of telephone services, transmission networks, and international connectivity in Bangladesh.
Assignment on Interpretation of Statutes in Common Law and Civil Law System 0...Asian Paint Bangladesh Ltd
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Judgment of moulana abul kalam azad bachchu by ict
1. International Crime Tribunal Bangladesh
22 Jan 2012: Azad judgment:
The Judgment of Tribunal in the case of AbulKalam Azad:
I. Opening words
In the judicial history of Bangladesh, it is indeed the historic occasion that today
this Tribunal (ICT-2), a lawfully constituted domestic judicial forum, after dealing
with the matter of prosecution and trial of internationally recognized crimes i.e.
crimes against humanity, genocide which were perpetrated in 1971 in the territory
of Bangladesh, during the War of Liberation is going to deliver its first verdict. At
all stages of proceedings the prosecution and the defence have made laudable
efforts extending their precious arguments on academic and legal aspects including
citation of the evolved jurisprudence. It inevitably has inspired us to address the
legal issues closely involved in the case, together with the factual aspects as well.
We take the privilege to appreciate their significant endeavor.
In delivering the verdict we have deemed it necessary in highlighting some issues,
in addition to legal and factual aspects, relating to historical and contextual
background, characterization of crimes, commencement of proceedings, procedural
history reflecting the entire proceedings, charges framed, in brief, and the laws
applicable to the case for the purpose of determining culpability of the accused.
Next, together with the factual aspects we have made effort to address the legal
issues involved and then discuss and evaluate evidence adduced in relation to
charges independently and finally have penned our finding on culpability of
accused.
Now, having regard to section 10(1) (j), section 20(1) and section 20(2) of the
International Crimes (Tribunals) Act, 1973[Act No. XIX of 1973] this „Tribunal‟
known as International Crimes Tribunal-2 (ICT-2) hereby renders and pronouncing
the following judgment.
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2. II. Commencement of proceedings
1. The Chief Prosecutor, on the basis of the report and documents submitted
therewith by the Investigation Agency, after completion of investigation, submitted
the „Formal Charge‟ on 02.9.2012 under section 9(1) of the Act of
1973[hereinafter referred to as the „Act of 1973‟] before this Tribunal alleging that
the accused MoulanaAbulKalam Azad @ AbulKalam Azad @ Bachchu as a
significant member of Razaker, the auxiliary force and also as an „individual‟, had
committed the offences of crimes against humanity, genocide including the offence
of providing contribution and moral support to the accomplishment of such crimes
in different places of Faridpur district during the period of War of Liberation in
1971 and thereby proceedings commenced.
2. Thereafter, the Tribunal, under Rule 29(1) of the Rules of Procedure[hereinafter
referred to as „ROP‟], took cognizance of offences as mentioned in section 3(2)
(a)(b)(g)(h) of the Act of 1973 and issued warrant of arrest for causing appearance
of the accused as required under Rule 30 of the ROP. But the warrant could not be
executed as the accused remained absconded. Thereafter, in compliance of legal
requirement for holding trial in absentia by appointing state defence counsel to
defend the absconded accused, the Tribunal on hearing both sides on charge
framing matter framed 08 charges against the accused AbulKalam Azad @
Bachchu by its order dated 04 November 2012 and thus the trial commenced.
III. Historical Background
3. Atrocious and horrendous crimes were committed during the nine- month-long
war of liberation, which resulted in the birth of Bangladesh, an independent state.
Some three million people were killed, nearly quarter million women were raped
and over 10 million people were forced to flee to India to escape brutal persecution
at home, during the nine-month battle and struggle of Bangalee nation. The
perpetrators of the crimes could not be brought to book, and this left a deep wound
on the country's political psyche and the whole nation. The impunity they enjoyed
held back political stability, saw the ascend of militancy, and destroyed the nation's
2
3. Constitution.
4. A well-known researcher on genocide, R.J. Rummel, in his book Statistics of
Democide: Genocide and Mass Murder Since 1900, states: “In East Pakistan
[General Agha Mohammed Yahya Khan and his top generals] also planned to
murder its Bengali intellectual, cultural, and political elite. They also planned to
indiscriminately murder hundreds of thousands of its Hindus and drive the rest into
India. And they planned to destroy its economic base to insure that it would be
subordinate to West Pakistan for at least a generation to come.”
5. Women were tortured, raped and killed. With the help of its local collaborators,
the Pakistan military kept numerous Bengali women as sex slaves inside their
camps and cantonments. Susan Brownmiller, who conducted a detailed study, has
estimated the number of raped women at over 400,000.
[Source: http://bangladeshwatchdog1.wordpress.com/razakars/]
6. In August, 1947, the partition of British India based on two-nation theory, gave
birth to two new states, one a secular state named India and the other the Islamic
Republic of Pakistan. The western zone was eventually named West Pakistan and
the eastern zone was named East Pakistan, which is now Bangladesh.
7. In 1952 the Pakistani authorities attempted to impose „Urdu‟ as the only State
language of Pakistan ignoring Bangla, the language of the majority population of
Pakistan. The people of the then East Pakistan started movement to get Bangla
recognized as a state language thus marking the beginning of language movement
that eventually turned to the movement for greater autonomy and self-
determination and eventually independence.
8. In the general election of 1970, the Awami League under the leadership of
Bangabandhu Sheikh MujiburRahman became the majority party of Pakistan.
Despite this overwhelming majority, Pakistan Government did not hand over
power to the leader of the majority party as democratic norms required. As a result,
movement started in this part of Pakistan and Bangabandhu Sheikh
MujiburRahman in his historic speech of 7th March, 1971, called on the people of
Bangladesh to strive for independence if people‟s verdict is not respected and
3
4. power is not handed over to the leader of the majority party. In the early hour of
26th March, following the onslaught of “Operation Search Light” by the Pakistani
Military on 25th March, Bangabandhu declared Bangladesh independent
immediately before he was arrested by the Pakistani authorities.
9. The massacres started with program called “Operation Searchlight,” which was
designed to disarm and liquidate Bengali policemen, soldiers and military officers,
to arrest and kill nationalist Bengali politicians, soldiers and military officers, to
arrest and kill and round up professionals, intellectuals, and students (Siddiq 1997
and Safiullah 1989). Actions in concert with its local collaborator militias
,Razakar, Al-badar and Jamat E Islami (JEI) were intended to stamp out Bengali
national liberation movement and to crush the national feelings and aspirations of
the Bengalis.
10.In the War of Liberation that ensued, all people of East Pakistan wholeheartedly
supported and participated in the call to free Bangladesh but a small number of
Bangalees, Biharis, other pro-Pakistanis, as well as members of a number of
different religion-based political parties, particularly Jamat E Islami (JEI) and its
student wing IslamiChatraSangha (ICS) joined and/or collaborated with the
Pakistan military to actively oppose the creation of independent Bangladesh and
most of them committed and facilitated the commission of atrocities in violation of
customary international law in the territory of Bangladesh. As a result, 3 million
(thirty lac) people were killed, near about quarter million women were raped, about
10 million (one crore) people deported to India as refugees and million others were
internally displaced. It also experienced unprecedented destruction of properties all
over Bangladesh.
11.The Pakistan government and the military setup number of auxiliary forces such
as the Razakars, the Al-Badar, the Al-Shams, the Peace Committee etc, essentially
to collaborate with the military in identifying and eliminating all those who were
perceived to be sympathized with the liberation of Bangladesh, individuals
belonging to minority religious groups especially the Hindus, political groups
belonging to Awami League and other pro-Independence political parties,
Bangalee intellectuals and civilian population of Bangladesh. Jamat E Islami (JEI),
as an organization, substantially contributed in creating these para- militias forces
(auxiliary force) for combating the unarmed Bangalee civilians, in the name of
4
5. protecting Pakistan. Undeniably the road to freedom for the people of Bangladesh
was arduous and torturous, smeared with blood, toil and sacrifices. In the
contemporary world history, perhaps no nation paid as dearly as the Bangalees did
for their emancipation.
IV. Brief account of the accused
12.Accused MoulanaAbulKalam Azad @ Bachchu son of late Abdus Salam Mia &
late MagfuraKhatun of village-Barakhardia (Choi ani), Police Station- Saltha,
District-Faridpur at present sector no. 07, road no. 33, house no. 06, Police
Station–Uttara, DMP, Dhaka and „Azad Villa‟, 279/6 Chan Para, Uttarkhan, Dhaka
was born on 05.03.1947 in village „Barakhardia‟. He studied in FaridpurRajendra
College and was a close associate of Ali Ahsan Mohammad Mujahid, the then
President of East Pakistan IslamiChatraSangha (ICS). Till formal formation of
Razaker force, MoulanaAbulKalam Azad @ Bachchu actively aided the Pakistani
army as an armed member of volunteer Razakar Force formed in Faridpur in
committing criminal acts alleged. He, during the war of liberation in 1971, assisted
the Pakistani occupation force initially in the capacity of „Razaker‟ and
subsequently as chief of Al-Badarbahini of Faridpur. At one time,
MoulanaAbulKalam Azad @ Bachchu was „rokan‟ of jamat-E-Islami and now he
is not associated with any political party. He is the chairman of „Masjid Council, a
non government organization [NGO]. He could speak in Urdu well as he
studied in ‘madrasa’. On 21 April, 1971 he being united with the local anti
liberation circle welcomed the Pakistani army in Faridpur district. He was a close
associate of Pakistani army and actively and substantially assisted them as a
potential member of Razakar (Volunteer) force in committing atrocities targeting
the civilians and Hindu community and pro-liberation Bangalee people. In
Faridpur, he was in charge of Razakerbahini which was equipped with rifles.
V. Introductory Words
13.International Crimes (Tribunals) Act, 1973 (the Act XIX of 1973)[hereinafter
referred to as „the Act of 197‟] is an ex-post facto domestic legislation enacted in
1973 and after significant updating the ICTA 1973 through amendment in 2009,
the present government has constituted the Tribunal ( 1st Tribunal) on 25 March
2010 . The 2nd Tribunal has been set up on 22 March 2012. The degree of fairness
5
6. as has been contemplated in the Act and the Rules of Procedure (ROP) formulated
by the Tribunals under the powers conferred in section 22 of the principal Act are
to be assessed with reference to the national needs such as, the long denial of
justice to the victims of the atrocities committed during 1971 independence war
and the nation as a whole.
14.There should be no ambiguity that even under retrospective legislation (Act
XIX enacted in 1973) initiation to prosecute crimes against humanity, genocide
and system crimes committed in violation of customary international law is quite
permitted. It is to be noted that the ICTY, ICTR and SCSL the judicial bodies
backed by the UN have been constituted under their respective retrospective
Statutes. Only the ICC is founded on prospective Statute.
15.Bangladesh Government is a signatory to and has ratified the ICCPR, along
with its Optional Protocol. It is necessary to state that the provisions of the ICTA
1973 [(International Crimes (Tribunals) Act,1973] and the Rules framed there
under offer adequate compatibility with the rights of the accused enshrined under
Article 14 of the ICCPR. The 1973 Act of Bangladesh has the merit and
mechanism of ensuring the standard of safeguards needed universally to be
provided to the person accused of crimes against humanity.
16. As state party of UDHR and Geneva Convention Bangladesh cannot evade
obligation to ensure and provide justice to victims of those offences and their
relatives who still suffer the pains sustained by the victims and as such an
„executive act‟ (tripartite agreement) can no way derogate this internationally
recognized obligation. Thus, any agreement or treaty if seems to be conflicting and
derogatory to jus cogens (compelling laws) norms does not create any hurdle to
internationally recognized state obligation.
VI. Jurisdiction of the Tribunal
17.The Act of 1973 is meant to prosecute and punish not only the armed forces but
also the perpetrators who belonged to „auxiliary forces‟, or who committed the
offence as an „individual‟ or a „group of individuals‟ and nowhere the Act says that
without prosecuting the armed forces (Pakistani) the person or persons having any
6
7. other capacity specified in section 3(1) of the Act cannot be prosecuted. Rather, it
is manifested from section 3(1) of the Act of 1973 that even any person (individual
or group of individuals), if he is prima facie found individually criminally
responsible for the offence(s), can be brought to justice under the Act of 1973.
Thus, the Tribunals set up under the Act of 1973 are absolutely domestic Tribunal
but meant to try internationally recognised crimes committed in violation of
customary international law.
VII. Procedural History
18.At pre-trial stage, the Investigation Agency constituted under section 8(1) of the
Act of 1973, through the Chief Prosecutor prayed for causing arrest of the accused
AbulKalam Azad @ Bachchu by filing an application on 25 March 2012, for
effective and proper investigation [Rule 9(1) of the ROP]. The Tribunal directed to
submit a progress report about the task of investigation and fixed 03 April 2012 for
hearing and disposal of the application. On having the progress report as
mentioned the Tribunal on hearing application issued warrant of arrest against the
accused. But the enforcement agency of the Dhaka Metropolitan Police could not
execute it as the accused AbulKalam Azad @ Bachchu, on sensing the matter of
issuance of warrant of arrest had absconded.
19. However, finally, the Chief Prosecutor, on the basis of the report and
documents submitted therewith by the Investigation Agency, after completion of
investigation, submitted the „Formal Charge‟ on 02.09.2012 under section 9(1) of
the Act of 1973 before this Tribunal alleging that the accused as a potential
member of Razaker force in Faridpur, the auxiliary force and also as an
„individual‟ had committed the offences of crimes against humanity, genocide
including the offence of providing substantial contribution, assistance and moral
support to the Pakistani army to the accomplishment of such horrific crimes in
different places of Faridpur district during the period of War of Liberation in 1971
and thereby proceedings commenced. Thereafter, the Tribunal, under Rule 29(1) of
the Rules of procedure, took cognizance of offences as mentioned in section 3(2)
(a)(b)(g)(h) of the Act of 1973 and issued warrant of arrest for causing appearance
of the accused as required under Rule 30 of the ROP.
7
8. 20. Dhaka Metropolitan Police (DMP) submitted the execution report before the
Tribunal stating that the accused AbulKalam Azad @ Bachchu could not be
arrested as he has already absconded and he is learnt to have left the country
instantly before the earlier warrant for arrest issued by this Tribunal. In this
circumstance, the Tribunal, as required under Rule 31 of the ROP, ordered to
publish a notice in two daily news papers, one in Bangla and another in English
asking the accused to appear before this Tribunal within ten (10) days from the
date of publication of such notice. Accordingly, the notice has been published on
25 October issue of „The Daily Janakantha‟ (Bengali daily) and „The Daily Star‟
(English daily). But despite publication of such notice the accused has not
appeared before this Tribunal.
21.On 07 October , the Tribunal has observed in its order that there have been
reasons to believe that the accused has absconded or has concealed himself so that
he cannot be arrested and produced before the Tribunal and there is no immediate
prospect for arresting him, and as such it ordered that the trial against the accused
shall be held in his abesntia under section 10A(1) of the International Crimes
(Tribunals) Act 1973 (as amended up-to-date) together with the Rule 32 of the
ROP and accordingly it appointed Mr. AbdusShukur Khan, Advocate, Bangladesh
Supreme Court, as state defence counsel to defend the absconded accused who will
have remuneration to be determined by the Tribunal [Section 10A(2) of the Act] .
Tribunal also directed the prosecution to submit copy of formal charge and the
documents which it intends to rely upon by 11 October for supplying the same to
the appointed state defence counsel. On 11 October, the state defence counsel
informed the Tribunal that he received the copy of formal charge, statement of
witnesses and documents submitted therewith from the office of the Registrar.
Thereafter, the Tribunal fixed 21 October for hearing the charge matter. After
hearing both sides, the Tribunal framed eight (08) independent charges including
the charge of crimes against humanity and genocide against the accused
AbulKalam Azad @ Bachchu by its order dated 04 November 2012.
8
9. VIII. Applicable laws
22. The proceedings before the Tribunal shall be guided by the International
Crimes (Tribunals) Act 1973, the Rules of Procedure 2012 (ROP) formulated by
the Tribunal under the powers given in section 22 of the Act. Section 23 of the Act
of 1973 prohibits the applicability of the Code of Criminal Procedure, 1898 and the
Evidence Act 1872. Tribunal is authorized to take into its judicial notice of fact of
common knowledge which is not needed to be proved by adducing evidence
[Section 19(4) of the Act]. The Tribunal may admit any evidence [Section 19(1) of
the Act]. The Tribunal shall have discretion to consider hearsay evidence too by
weighing its probative value [Rule 56(2)]. The defence shall have liberty to cross-
examine prosecution witness on his credibility and to take contradiction of the
evidence given by him [Rule 53(ii)]. Cross-examination is significant in
confronting evidence, even in case of holding absentia trial. The Act provides right
of accused to cross- examine the prosecution witnesses. The Tribunal may receive
in evidence statement of witness recorded by Magistrate or Investigation Officer
only when the witness who has subsequently died or whose attendance cannot be
procured without an amount of delay or expense which the Tribunal considers
unreasonable [Section 19(2) of the Act]. But in the case in hand no such statement
of witness has been received, although the prosecution by filing an application has
prayed to receive statement of four witnesses made to the Investigation Officer.
The defence shall have right to cross-examine prosecution witnesses. Accordingly
the state defence counsel duly cross-examined all the prosecution witnesses.
23.The Act provides provision of holding trial in abesntia [section 10A] after due
compliance of necessary legal requirement as contemplated in the Act and the
ROP.
24.Both the Act and the Rules (ROP) have adequately ensured the universally
recognised rights of the defence. Additionally, the Tribunal, in exercise of its
discretion and inherent powers as contained in Rule 46A of the ROP, has adopted
numerous practices for ensuring fair trial by providing all possible rights of the
accused. The Tribunal however is not precluded even from seeking guidance from
international reference and relevant jurisprudence, if needed to resolve any crucial
and relevant issue revealed in course of proceedings.
9
10. IX. Right to Disclosure
25. Article 9(2) ICCPR contains-“Anyone who is arrested shall be informed, at the
time of arrest, of the reasons for his arrest and shall be promptly informed of any
charges against him.” This provision seems to have been reflected compatibly in
the Rule (3) of ICT-BD ROP that provides-“At the time of executing the warrant
of arrest under sub-rule (2) or later on, copy of allegations is to be served upon
such person.” But it could not be complied with, in the instant case, as the accused
AbulKalamAzda @ Bachchu remained absconded and finally, pursuant to
execution report of the warrant of arrest, he fled away from country.
26. Further, Rule 18 (4) of ICT-BD ROP provides “The Chief prosecutor shall file
extra copies of formal charge and copies of other documents for supplying the
same to the accused(s) which the prosecution intends to rely upon in support of
such charges so that the accused can prepare his defence.” For the reason of
absconsion of accused the Tribunal, after necessary procedural formalities as
required under the ROP, ordered for holding absentia trial by appointing Mr.
AbdusShukur Khan, Advocate, Bangladesh Supreme Court as state defence
counsel to defend the absconded accused and it also ordered to submit copies of
the formal charge, statement of witnesses and documents which the prosecution
intends to rely upon for supplying the same to the state defence counsel for
preparation of defence. Thus, this Tribunal has the ability to hold trials in absentia
in such a way as to refrain from violating human rights norms guaranteed by the
International Covenant on Civil and Political Rights (ICCPR) and other
agreements.
27.Therefore, right to disclosure and adequate opportunity to prepare defence have
been adequately ensured so that the appointed state defence counsel can have due
opportunity to defend the interest of absconded accused AbulKalam Azad @
Bachchu keeping consonance with the Article 9(2) and 14(3)(a) ICCPR.
X. Witnesses adduced by parties
28.Prosecution adduced and examined in all 22 witnesses of whom P.W.21 is a
seizure witness and P.W.22 is the Investigation Officer. It took 13 working days to
10
11. complete examination and cross-examination of 22 P.W.s. After closing of P.W.s,
the learned state defence counsel informed the Tribunal once again that he would
not adduce and examine any witness in support of defence as he could not have
been able to submit the list of witnesses, documents as required under section 9(5)
of the Act as he failed to have instruction from relatives of the absconded accused,
despite contact that he made to them. Accordingly the Tribunal fixed next date for
summing up of prosecution case as required under section 10(1)(i) of the Act of
1973. Accordingly the learned Prosecutor Mr. Syed Haider Ali and Mr.
ShahidurRahman have summed up prosecution case and thereafter the learned state
defence counsel also presented summing up of defence case by agitating several
crucial legal issues.
XI. The way of adjudicating the charges
29.The evidence produced by the prosecution in support of its respective case is
mainly testimonial. The Tribunal considered that most of prosecution witnesses
directly experienced and witnessed the terrible events they have narrated and that
such trauma could have an impact on their testimonies. However, despite this
reality, their testimony seems to be invaluable to the Tribunal in its search for the
truth on the horrendous and atrocious incidents that happened in 1971 war of
liberation in different areas of Faridpur district directing the Bangalee Hindu
community, after duly weighing value and credibility of such testimonies. Despite
the indisputable atrociousness of the crimes committed during the war of liberation
in 1971 by the Pakistani armed force in collaboration with the local perpetrators
like accused AbulKalam Azad @ Bachchu, we require to examine the facts
constituting offences alleged in a most dispassionate manner, keeping in mind that
the accused is presumed innocent.
30.The incidents took place about 40/41 years back, in 1971 and as such memory
of live witnesses may have been faded and as a result discrepancy may have
occurred in their version made in court. Such discrepancy is usual. The case before
us, as we have already said, depends mostly on narratives of live witnesses who
claim to have witnessed the commission of crimes and sustained trauma as well, as
sufferer. Their testimony is based on their explicit memories.
11
12. 31.Therefore, in the case in hand, together with the testimony of prosecution
witnesses of whom most are live witnesses, we shall have to depend upon too (i)
facts of common knowledge (ii) context of the attack directed against unarmed
Hindu civilians (iii) documentary evidence, if any (iv) relevant facts (v)
circumstantial evidence (vi) Political status of the accused at the relevant time (vii)
link of the accused with the local Pakistani armed force and (viii) the jurisprudence
evolved on these issues in the adhoc Tribunals, if it is considered essential to rely
upon. In the prosecution of crimes against humanity, principally accused‟s status,
position, authority, activities, link with the state organization are pertinent issues.
In determining culpability of the accused, all these factors have to be addressed
and resolved as well.
XII. Burden of the Prosecution
32. The prosecution, in the light of the charges framed, is burdened to prove (a) the
commission of crimes narrated in charges (b) mode of participation of the accused
in committing the crimes for which he has been charged (c) What was the status
and role of the accused at the relevant time and how he had maintained association
with the Pakistani army (d) the context of carrying out alleged atrocious crimes
directed against civilian population and a particular group of population. In
determining culpability of the accused prosecution is to establish too that (1) the
perpetrator must know of the broader context in which the act occurs and (2) the
act must not have been carried out for purely personal motives of the perpetrator.
XIII. Backdrop and Context
33. The backdrop and context of commission of untold barbaric atrocities in 1971
war of liberation is the conflict between the Bangalee nation and the Pakistani
government that pushed the Bangalee nation for self-determination and eventually
for freedom and emancipation. War of Liberation started following the „operation
search light‟ in the night of 25 March 1971 and lasted till 16 December 1971 when
the Pakistani occupation force surrendered. Ten millions (one crore) of total
population took refuge in India under compelling situation and many of them were
compelled to deport.
34.As we see in the case in hand, the crimes are alleged to have been committed
between the period of May 1971 to July 1971 in furtherance of accomplishment of
12
13. policy and plan of Pakistani army. Why? What was the role of the accused during
this period? What were his activities? How he acted to the accomplishment of
crimes alleged? What he did and for whom and in which capacity? Had he link, in
any manner, with the Pakistani occupation force or local administration in
implementing organizational policy or plan and if so, why?
35.Admittedly , during the period of War of Liberation in 1971 parallel forces
e.gRazakerBahini, Al-Shams, Al-BadarBahini, , Peace Committee were formed as
auxiliary forces of the Pakistani armed force who provided moral supports ,
assistance and substantially contributed and also physically participated to the
commission of horrendous atrocities in the territory of Bangladesh. It is the fact of
common knowledge that thousands of incidents happened throughout the country
as part of organized and planned attack. Target was the pro-liberation Bangalee
civilian population, Hindu community, pro-liberation political group, freedom
fighters and finally the „intellectuals‟. We are to search for answers of all these
crucial questions which will be of assistance in determining the culpability of the
accused for the offences for which he has been charged. The charges against the
accused arose from some particular events allegedly constituting the offences of
crimes against humanity and genocide, during the War of Liberation in 1971.
XIV. Points to be determined
36. In determining culpability of the accused for the perpetration of offences with
which he has been charged we are to adjudicate the fundamental issues such as (i)
Whether the accused was a potential member of Razakar (Volunteer) force at the
relevant time (ii) whether the accused was substantially associated with Pakistani
army and their activities for facilitating commission of offences (iii) whether the
accused physically participated in the commission of crimes alleged and (iv)
whether the allegations against the accused constitute a serious case of „crimes
against humanity‟ and „genocide‟ within the Tribunal‟s jurisdiction.
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