Badr Bahini:
This Bahini is mixed with Punjabi, Bihari and Bangalee. Almost all the persons are educated and well trained. The Bahini, most of the persons, selected from Razakars and Muzahids. Their dress is Milishian. Their monthly salary is Rs. 150/-. This Bahini has been deployed with local Razakars in different districts" (B.D Documents Vol.II)
Golam Azam, the killer:
Honorable Speaker,
it is highly unfortunate that after all this time we have to verify whether Golam Azam was actually a leader of the Razakars. I am now providing proof that Golam Azam was indeed a murderer. I am sure that the Homna Thana representative is present here. Mr. Siru Miya Daroga, from Ramkrishnapur village of Homna Thana, and his infant son were murdered under the direct written instruction of Golam Azam. Siru Miya had joined the freedom forces at the beginning of the war. He conducted operations and trained freedom fighters along the Comilla front. Siru Miya, his son and other freedom fighters were on their way to the training camp on 27th October, 1971, when they were captured by Razakars. Siru Miya had done many brave deeds during the liberation war. One of his greatest contributions came when he helped Mrs. Tajuddin, the wife of the then Prime Minister Tajuddin, who was living abroad, and her family escape across the Comilla border. That Siru Miya was murdered under Golam Azam's instructions. This paper (shows a paper) bears proof of the heinous crime. I can furnish you with this paper if you so desire.
Honorable Speaker,
we are groping for laws that would permit the trial of Golam Azam. The BNP barristers have had much to say regarding this issue. Today we are citing Act XIX 1973 (International Crime Act) for our case. Our members had earlier put forth the idea of forming a tribunal to judge Golam Azam's crimes, an action that is entirely permissible under the said Act, and the motion was met with several objections form the government side. Golam Azam is a murderer. It is incredible that anyone who believes in the freedom of Bangladesh, will believe otherwise. We know that no one has any doubt regarding this issue.
Real criminals were not forgiven:
Today our government is saying that the Awami League government had granted forgiveness. But why did it grant forgiveness? You are well aware, Honorable Speaker, that Bangabandhu had declared general clemency due to certain prevailing contingencies. Around 37,000 anti-liberation personnel were captured after the war and among the 26,000 were freed after the general clemency was declared. Even then, 11,000 War criminals were held captive and were being tried. Among them many had been indicted for crimes during the war. Some of these indicted criminals later became ministers and even Prime Minister of the country.
It is said today, Honorable Speaker,
that the Awami League government had done nothing to punish the war criminals. The Clemency provided by the Awami League, according to the three party agreement, has also been mentioned. But why was the general pardon issued? Who was brought back in exchange of the freed captives?
I am sure Honorable Speaker that
you and the people of this country know that at the time of general pardon almost four lakh Bengalis were held prisoners in Pakistan. Their families and relatives had taken the streets and gone to Bangabandhu to plead for their freedom. Many even came to us with their ardent pleas. The Clemency was issued in order to bring back these Bengalis. Because of this act, our present head of armed forces General Nuruddin, the head of BDR General Latif, General Mahmudul Hasan, General Salam and many others could come back to Bangladesh. Mr. Majid-Ul-Haq and Mr. Mustafizur Rahman, both of whom are sitting on the ministerial row, could both return to the country because of the three party agreement. I am sure they gratefully remember Bangabandhu's declaration of Clemency and do not consider it a mistake. There is, however, nothing that dictates that war criminals cannot be tried just because Clemency was provided. Bangabandhu had issued an Act just under which war criminals could be tried and that was Act XIX of 1973 (International Crime Act). Section 47 (3) of the constitution clearly states that the criminals can indeed be tried. There were other reasons for issuing a general pardon. I am sure, Honorable Speaker, that you are well aware of those reasons. That is because you yourself are a freedom fighter. The fight for freedom was guerilla warfare. In many cases it was seen that because some member of a household held a position in the Razakar forces, the household could offer shelter to freedom fighters. Bangabandhu pardoned these members. However, those Razakars who were real war criminals, those who perpetrated acts of mass murder, rape, loot and arson were not pardoned. The following steps were taken to address the latter group:
° The Bangladesh Criminal Act was issued on 24th January 1972.
° On 14th February 1972, Professor Golam Azam was ordered to appear in front of the Sha Sha Jela Court.
° The Bangladesh Citizenship Act was introduced on 15th December 1972.
° On 18th April 1973, Golam Azam and Co. were stripped off their citizenship through a gazette declaration.
° On 4th November 1972, all kinds of religion based politics were abolished according to the sections 12 and 38 of the constitution.
° According to sections 66 and 122, the rights of anti-liberation activists to vote and contest elections were cancelled.
° On 30th November 1973, Bangabandhu issued the general pardon.
However, the real criminals, as in those who committed mass murder, arson and loot were never forgiven. Bangabandhu had created laws to address them.