Summary judgement
Read out by Mr. Justice Md. Golam Mortuza Mozumder. ICT-1 Chairman
(Transcribed from the video of proceedings)

Today is fixed for the delivery of judgment in the case of Chief Prosecutor versus Habibur Rahman and others. Bearing number ICTBD case no 1 of 2025.

The tribunal has framed charges against the accused in view of the formal charge and the documents submitted with the formal charge. The submissions of the learned Chief prosecutor, learned defence counsels and in consideration of all other pending facts and circumstances, the charge goes as follows that during July uprising 2024 that is from 1 July to 5 August 2024 being a regular participant in the core committee meetings held nightly at the residence of the then Home Minister Asaduzzaman Khan Kamal to make illegal strategies to suppress the July movement and eliminate the unarmed civilian protesters.

Accused Habibur Rahman, the Commissioner, DMP Commissioner Dhaka, issued orders to the subordinate police personnel to open fire using lethal weapons on unarmed peaceful civilian protesters and also monitor the operation to instil fear to the public and prevent protesters from advancing. Accused Sudip Kumar Chakraborty, Joint Commissioner of the Dhaka Metropolitan Police, ordered the subordinate police personnel to shoot, kill and leave the dead bodies of the protesters in the streets and the lanes so that the protesters cannot move ahead. Acting on orders from accused Habibur Rahman and under the control and on-site supervision of accused Sudip Kumar Chakraborty, Accused Shah Alam Muhammad Akhtarul Islam, Additional Commissioner of DMP and accused Muhammad Imrul, Assistant Commissioner of DMP supervised the operation to be carried out by the law enforcers against the protesters at Chankharpul area, accompanying 40-45 DMP and APBN forces.

He ordered subordinates to fire indiscriminately using lethal Chinese rifles, shotguns, tear gas and sound grenades on unarmed peaceful civilian protesters who were heading to participate in the March to Dhaka programme to be held in the central Shahid Minar. Acting on orders from the state superiors on 5 August 2024 at about 12.30, when they reached at Chankharpul, MD Arshad Hussain, Inspector of Police, Dhaka Metropolitan Police, ordered and instructed the police personnel to indiscriminately fire with lethal Chinese rifles, shotguns, tear gas, sound grenades on unarmed civilian peaceful protesters who were heading to participate in the March to Dhaka programme to be held in the central Shahid Minar. Accordingly, Accused Constable Sujon Hussain, Accused Constable Imaj Hussain Emon and Accused Constable Md Nasirul Islam opened fire on 5 August 2024 at about 12.30 to 1.00pm with lethal weapons.

Under order and instruction of DMP Commissioner Habibur Rahman, DMP Joint Commissioner Sudip Kumar Chakraborty, ADC Shah Alam Muhammad Akhtarul Islam, Assistant Commissioner Mohammad Imrul and Inspector Mohammad Arshad Hussain, they shot and killed six unarmed civilian peaceful protesters target-wise who participated in the March to Dhaka programme. By doing the said acts, Accused Habibur Rahman, Accused Sudip Kumar Chakraborty, Accused Shah Alam Muhammad Akhtarul Islam, Mohammad Imrul, MD Arshad Hussain, MD Sujon Hussain, Imaj Hussain Emon and MD Nasirul Islam committed the said acts which constituted part of widespread and systematic attack on unarmed civilian peaceful protesters and thereby they committed offences of murder, abetment of murder, incitement of murder and direct complicity of the murder in question. The murdered victims may be named as Shahid Sharier Khan Anas, Shahid Sheikh Mahadi Hasan Junaid, Elias Mustakin, Shahid Md Yakub, Shahid Rakib Hawlader, Shahid Muhammad Ismamul Haque and Shahid Manik Mia alias Shahri at Chankharpul area Bongshal under district Dhaka and they committed crimes against humanity as enumerated in section 3(2)(a), section 3(2)(g), section 3(2)(h) and section 4(1), 4(2), 4(3) of the Intentional Crimes Tribunal Act 1973 punishable under section 20 (2) and 20 A of the Act.

Points for determination whether there was any movement named Quota Reforms Movement 2024 or Anti-Discrimination Students Movement 2024 in July-August 2024, widely known as July-August Movement 2024, whether the deceased victims participated the movement at Chankharpul area on 5-8-2024 or were present there for any other reason during the March to Dhaka programme, whether the deceased victims as aforesaid were killed in the July-August Movement 2024 at Chankharpul area on 5-8-2024, whether the accused persons are liable for the killing of the said victims, whether killing of the said victims constituted crimes against humanity under section 3 and 4 of the Intentional Crimes Tribunal Act 1973 punishable under section 20 and 20A of the Act.

I am giving the description in brief of the evidences. The prosecution examined 26 witnesses and the defence had used three witnesses.

Amongst the other evidences, there are material evidences comprising pen drive, CD, DVD containing videos and audios of the occurrences. Documentary evidences submitted by the prosecution consist of medical documents, expert reports, newspaper reportings, report of the Human Rights Commission of the United Nations, report of Human Rights Organisation, ODHIKAR, gazette notification containing list of the six victims as named above at Chankharpul on 5-8-2024. A letter of deceased victim Sharier Khan Anas addressed to his mother on the eve of his leaving home for participating the March to Dhaka programme. Transcript of the wireless messages.

I am now going to the summary of the findings and our observations and decision in order to save time and to read out within a very short span. I have come to the main observations from the facts, circumstances, findings and evidences above.

It has been substantiated that on 5-8-2024 as part of the July-August movement 2024, students and people of all walks of life from all over the country marched towards Dhaka to observe the March to Dhaka programme and as such a lot of people gathered at Chankharpul area of Dhaka to be united with others at the Central Shahid Minar. It should be noted that curfew proclaimed by the government was in force on that day. That said, protestors, students and public were proceeding towards Shahid Minar and they were halted by police within Chankharpul area and then fired upon them by lethal weapons causing many of the protestors severely injured and death to six of them namely Shahriar Khan Anas and five others.

The DMP Commissioner Habibur Rahman, DMP Joint Commissioner Sudip Kumar Chakraborty, Additional Deputy Commissioner of Police Shah Alam Muhammad Akhtarul Islam ordered the police force in the morning at Shahbagh police station at a briefing and thereafter also at Chankharpul area where police forces namely Constable Sujan, Constable Imaj Hussain Emon and Constable Nasirul Islam opened fire with lethal weapons at the participants of March to Dhaka programme under supervision and presence of Ramna Zone Assistant Police Commissioner Muhammad Imrul causing death to six persons and severely injuring many of them. The DMP Commissioner Habibur Rahman also ordered through wireless messages to all the units of  the Metropolitan Police to use maximum force with lethal weapons to the protestors. It has been found that ADC, Additional Deputy Commissioner of DMP Police Shah Muhammad Akhtarul Islam compelled the subordinate police forces to shoot at the protestors with lethal weapons.

Some of the police personnel refused to open fire at his instance and under his instruction. It has also been found that accused Constable Sujan was issued a shield and a lathi, he was not issued any arms but he was forcefully given a China rifle and bullets by Additional Deputy Commissioner Akhtarul Islam taking the same from another constable Ajay Ghosh. It is notable that, some of some other police forces declined to open fire upon the protestors and as such ADC Akhtarul Islam threatened them and objugated them with filthy words.

The said accused DMP Commissioner Habibur Rahman, Joint Commissioner Sudip Kumar Chakraborty, Additional Deputy Commissioner Akhtarul Islam and Assistant Commissioner Muhammad Imrul fled away after the fall of the Sheikh Hasina government on 5-8-2024. Whereupon their fleeing also lends support to the presumption that they committed the alleged offences. Records show that only 4-5, including accused Nasirul Islam of the said police forces returned back the arms and ammunition issued in their names.

The register also shows that accused Nasirul Islam was issued one rifle and 40 rounds of bullets and he deposited back the same rifle and the bullets at Shahbagh police station. He did not also abscond but it appears from the video recordings that he opened fire with lethal weapons. Perhaps ADC Akhtarul Islam compelled him to open fire with the arms taken from other constables.

It also appears that accused constable Sujon and Imaj Hussain Emon opened fire with lethal weapons at the protesters as stated above. There are evidences that Imaj Hussain fired at the protesters with lethal weapons. We find that Imaj Hussain Emon could not deposit back all the bullets issued in his name. Constable Sujon is seen rejoicing after firing at the protesters. He looked very happy when his bullets hit someone. It is noteworthy here that he was not given any arms and ammunitions from the authority as stated before.

He was given only one shield and one lathi, but ADC Shah Mohammad Akhtarul Islam had forcibly handed over to him a China rifle and ammunitions taking the same from the constable Ajay Ghosh as stated beforehand. Anyway, in the video Sujon was seen firing with the said arms and being burst into exultation while his bullet hit some protesters. Had he not been given the arms as aforesaid, he would not be the victim of firing.

There may be a misunderstanding that since Sujon was seen rejoicing, enjoying after shooting someone, why he has not been inflicted with the maximum sentence. The tribunal opines that he has been made victim by his authority, the superior boss, Additional Deputy Commissioner Akhtarul Islam. Had he not given him the arms, he would not shoot and he would not be the victim and he would not be subjected to any punishment.

It appears from the evidences that about 40-50 members of police were deployed at Chankharpul on 5-8-24. Since curfew was enforced and the protesters launched a massive programme in the name of march to Dhaka, it was the duty of the police and the other law enforcing agencies to be prepared at the key points to maintain law and order and thus mere presence of the members of police or other law enforcers there is not at all an offence. It was their duty to be there to maintain law and order for the protection of the life and property of the people.

It appears that accused Sujon joined the service just a few months ago. In the circumstances, it was not possible on his part to say no to his boss while he was ordered to shoot. It appears that PW 15 constable Ajoy Ghosh, PW 16 constable Abdul Rahman and PW 17 constable Asif Khan were issued arms and ammunition and they participated in the Chankharpul operation on 5-8-2024.

It further appears from the concerned register that constable Ajay Ghosh returned 18 rounds of bullets out of 40 rounds issued in his name. We find from the supplementary seizor list that SI armed Md Ashraful Islam had actively participated in the Chankharpul operation and he made a statement before the Dhaka Metropolitan magistrate giving an account of the Chankharpul operation and also implicating himself though mildly in the said operation but he has neither been made an accused nor been made a witness. It may be that it has been done for the purpose of facilitating trial of the innocent case as against the others.

It further transpires that at least 40 members of police participated in the Chankharpul operation and among them 8 were issued China rifle, 15 were issued shotgun and 2 were issued SMG. Moreover, they were issued huge number of bullets. The register shows that only 4 or 5 of them returned back the arms and ammunition issued in their name but there is no account of the arms and ammunition of the rest.

It has been revealed from the evidences that many of them fired at the protesters. Some of the witnesses also said that firing was so huge that it looked like raining. Notwithstanding such scenario, it is evident that accused Habibur Rahman, Sudip Kumar Chakraborty, Shah Alam MD Akhtarul Islam are liable for the murder of the said 6 victim protesters. The remaining accused as well are liable to the extent of their complicity but they cannot be dubbed or considered as murderer of the victims. Now the question arises as to whether the alleged acts constituted crimes against humanity. We have to see whether the said offences of killing and injuring the protesting people are crimes against humanity.

The crimes against humanity has been defined in section 3 of the International Crimes Tribunal Act 1973. Before proceeding, I have to mention another point in the context of the aforesaid constables who fired at the protesters. It has not been found nor been substantiated anyway by who of the victim protesters, that is deceased protesters, was hit by the bullets of whom or whose bullets hit who of the 6 of the victims. It has not been substantiated. Now we have to see whether these acts that is the killing and severely injuring the victims as aforesaid constitute crimes against humanity. Crime against humanity has been defined in section 3 of the International Crimes Tribunal Act 1973 which includes murder and other offences. Article 7.2 of the Rome Statute as well has given the similar definition. It has been defined both in the Act of 1973 and in the Rome Statute of the International Criminal Court that in order to constitute a crime against humanity three ingredients have to be met. The attack, there must be an attack against civilian population and the attack must be widespread and systematic.

We have to see whether the attack in question has been made against civilian population and whether it was widespread and systematic. In this context, we may refer the decision of the International Criminal Tribunal of Yugoslavia, the then Yugoslavia, in which the concerned tribunal held that in order to be a crime against humanity, the attack must be directed against any civilian population and it must be widespread or must demonstrate a systematic character. In this context, the testimony of Mr. Asif Mahmood Sajeeb Bhuiya, advisor to the interim government of Bangladesh, who deposed as PW 19 is relevant. In his testimony, he describes how the attack on the civilian population, that is the students and common people, did take place from 1 July to 5 August. He describes every incident of every day and in every part of Bangladesh.

It also transfers from the newspapers, electronic media and social media, that they published news of the day-to-day attacks upon the protesting students and public during the whole period of the movement. It has been elaborately described in the judgement of Chief Prosecutor v. Sheikh Hasina and others, bearing ICTBD, case No. 2 of 2024, as to how widespread and systematic the attack was. There has been a threadbare illustration of the nature of the attack, bearing the judgment discloses that the various law enforcement agencies like Police, ANSAR, BGB, Army and activists of Awami League and its associated organisations were deployed to eliminate and kill the protesters. Moreover, lethal weapons, helicopters and drones were used for the purpose. Furthermore, the internet service was stopped. Dead bodies of the victims were destroyed. Ambulances carrying the dead bodies and the injured persons were impeded. Medical treatment of the victims was interfered.

The medical documents of the treatments of the victim protesters were interpolated. The burial and funeral of the dead were hindered, and even the doctors were kept under threat. It has been substantiated in the aforesaid judgement of the ICT-BD, case No. 2 of 24, that the protesters were attacked in almost all parts of the country in a systematic way. Moreover, the United Nations Human Rights Commission Office held an investigation into the July-August movement to 2024 and published a report thereof, stating that there was a widespread and systematic attack upon the protesting students and public, and specifically mentioned therein that about 1,400 protesters were killed and 25,000 were gravely injured by using lethal weapons. In the said report, the occurrence of killing and injuring the protesters with lethal weapon sets by police has been specifically mentioned. Human Rights Organisation ODHIKAR also published a report stating making the similar statements and giving similar accounts of attack upon the protesting students and common people of all walks.

Therefore, the impugned attack upon the protesting students and public and killing of the six of them at Chankharpul was a part of the said widespread and systematic attack, and thereupon the offences in question committed by the accused persons are indubiously the crimes against humanity within the ambit of Section 3(2)(a) of the International Crimes Tribunal, Act 1973, as well as Article 7.2 of the Rome Statute of the International Criminal Court. In addition to the direct perpetration, the accused DMP Commissioner Habibur Rahman, Joint Commissioner Sudip Kumar Chakraborty and Additional Deputy Commissioner Shah Allam Mohammad Akhtarul Islam held superior status over the other accused subordinates to them, and as such they had the responsibility to stop the killing and injuring the protesters at some stage of the operation, but they abstained from recharging this superior responsibility as well, whereupon they are also liable under the principle of superior command responsibility.

It is noteworthy here that the Learned State Defence Councils first examined all the prosecution witnesses but could not bring out any material departure or substantial discrepancies in their testimony. All the suggestions put by the Learned State Defence Councils have been disavowed by the witnesses and termed as untrue by them.

Under all the aforediscussed facts and circumstances, we do find and hold beyond reasonable doubt that accused DMP Commissioner Habibur Rahman, Joint Commissioner Sudip Kumar Chakraborty and Additional Deputy Commissioner Shah Allam Mohammad Akhtarul Islam committed crimes against humanity under section 3(2)(a), section 3(2)(g), section 3(2)(h) and section 4(1), 4(2), 4(3) of the Intentional Crimes Tribunal Act 1973 punishable under section 20 (2) and 20 A of the Act.

Accused Assistant Commissioner Imrul, Inspector M.D.

Sorry, I have to add. They are punishable under Sections 20 and 20-A of the Act and they deserve to be awarded the maximum sentence. Accused A.C. Imrul, Inspector M.D. Arshad Hussain, Constable M.D. Sujon Hussain, (11:39) Constable Imaj Hussain Emon and Constable M.D. Nasirul Islam committed crimes against humanity under section 3(2)(a), section 3(2)(g), section 3(2)(h) and section 4(1), 4(2), 4(3) of the Intentional Crimes Tribunal Act 1973 punishable under section 20 and 20 A of the Act.

These accused deserve to have the benefit of the extenuating circumstances as enunciated herein before.

Hence order that accused the DMP Commissioner Habibur Rahman absconding, Joint Commissioner Sudip Kumar Chakraborty absconding and Additional Deputy Commissioner of Police Shah Alam M.D. Akhtarul Islam absconding, be found guilty for the commission of crimes against humanity under section 3(2)(a), section 3(2)(g), section 3(2)(h) and section 4(1), 4(2), 4(3) of the Intentional Crimes Tribunal Act 1973 and thereafter each of them is hereby awarded a single sentence of death for all the offences together.

Accused Assistant Police Commissioner M.D. Imrul absconding, be found guilty under section 3(2)(a), section 3(2)(g), section 3(2)(h) of the Intentional Crimes Tribunal Act 1973 and thereupon he is hereby awarded a single sentence of imprisonment for six years for all the offences together.

Accused Inspector M.D. Ashraf Hussain in custody, be found guilty under Sections 3(2)(a), section 3(2)(g), section 3(2)(h) of the Intentional Crimes Tribunal Act 1973 and thereupon he is hereby awarded a single sentence of imprisonment for four years for all the offences together.

Accused Constable M.D. Sujan Hussain in custody, Constable Imaj Hussain Emon in custody and Constable M.D. Nasirul Islam in custody be found guilty under Sections 3(2)(a), section 3(2)(g), section 3(2)(h) of the Intentional Crimes Tribunal Act 1973 and thereupon they are hereby awarded a single sentence of imprisonment for three years for all the offences together.

The sentence of death shall be carried out in accordance with the provisions laid down in Section 20 (3) of the International Crimes Tribunal Act 1973, preferably pursuant to the long-standing practice.

The period of sentence of imprisonment of the accused in custody shall be computed from the date of their being taken to the custody in connection with this case. The period of sentence of imprisonment of the absconding accused shall be computed from the date of their surrender or arrest, as the case may be. The properties of the accused sentenced to death be confiscated in favour of the State.

The convict accused be at liberty to prefer appeal to the Appellate Division of the Supreme Court of Bangladesh against the order of conviction and sentence within 30 days from today, in accordance with the provisions under Section 21 of the Act.

Let the accused, Inspector MD Arshad Hussain, Constable Sujon Hussain, Constable Imaj Hussain, Emon and M.D. Nasirul Islam be committed to the prison at once with the warrant of commitment.

Let a conviction warrant be issued towards the Concern Jail Authority accordingly.

Let a warrant of arrest being issued against the absconding accused, Habibur Rahman and others.

Let a warrant of arrest together with a copy of this judgement be transmitted to the Inspector General of Police, another one to the District Magistrate Dhaka, another copy to the Honourable Minister, another copy to be transmitted to the Secretary, Ministry of Law, Justice and Parliamentary Affairs, another copy to the Secretary, Ministry of Home Affairs.

Let a copy of the judgment be supplied to the accused, Constable M.D. Sujan Hussain in custody, Constable Imaj Hussain Emon in custody and Constable M.D. Nasirul Islam in custody, free of cost.

Let a copy of the judgment be supplied to the prosecution, free of cost.

The Registrar of the Tribunal shall do the needful in connection with the judgment and order.

So, thank you all for being present and listening to the judgment.

Chief Prosecutor: My Lord, whatever the judgment, always every side is to say much obliged, but my lord, we have a different understanding. So, we had to file an appeal.

Application on behalf of the Accused Arshad Hussain to continue his Police division, opposed by the Chief Prosecutor, that after pronouncing the judgment, such an application is irrelevant.