Extracts from Charge Framing order

Today is fixed for passing order on charge in consideration of the formal charge, the discharge petitions as well as the incidental documents.

Accuseds 1. Major General Sheikh Md. Sarwar Hossen, 2. Brigadier General Md. Mahbubur Rahman Siddique and 3. Brigadier General Ahmed Tanvir Majahar Siddique have been produced from custody.

Accuseds 1. Sheikh Hasina, 2. Major General Tarique Ahmed Siddiqui, 3. Lieutenant General Md. Akbar Hossain (Retd.), 4 Major General Md. Saiful Abedin (Retd.), 5. Lieutenant General Md. Saiful Alam (Retd.), 6. Lieutenant General Ahmed Tabrez Shams Chowdhury (Retd.), 7. Major General Hamidul Huq (Retd.), 8. Major General Mohammad Towhid-Ul-Islam (Retd.), 9. Major. General Kabir Ahmed and 10. Lieutenant Colonel Mokhsurul Haque (Rtd.) have been in absconsion.

In the formal charge, the prosecution brought specific -allegations against all the accuseds under section 3 and 4 punishable under section 20(2) and 20A of the International Crimes (Tribunals) Act, 1973. The prosecution submitted relevant documents in support of the allegations.

The accused persons filed applications entreating their discharge.

In the discharge application filed by Mr. Amir Hossain, learned Stage defence counsel for absconding accused Sheikh Hasina (absconding) has been stated that the allegations of abduction, unlawful detention and enforced disappearance of eleven persons labeled against former Prime Minister Sheikh Hasina are quite baseless since she did not have any knowledge of such criminal acts and she did not pass any order to the concerned authorities for committing such acts. In the circumstances accused Sheikh Hasina deserves to be discharged.

Mr. M. Hasan Imam learned state defence counsel for accused Maj. General Tarique Ahmed Siddiqui (absconding), Lt. Gen. (Retd.) Md. Akbor Hossain (absconding), Maj. Gen. (Retd.) Md. Saiful Abedin (absconding), L. Gen. (Retd.) (Retd.) Saiful Alam (absconding) and L. Gen (Retd.) Ahmed Tabriz Shams Chowdhury (absconding) sated in their discharge application that they did not have any complicity with the alleged offences and that they did not pass any order to the concerned subordinates to commit any such offence as labeled against them and thus they ought to be discharged.

Mr. Advocate Md. Sujad Miah, learned state defence counsel
(Accused Maj. Gen. Hamidul Haque (absconding), Maj. Gen. (Retd.) Mohammad Tauhid-ul Islam (absconding), Maj. Gen. Kabir Ahammed (absconding) and Lt. Col. (Retd.) Makhsurul Haque (absconding)) averred in his application for discharge that they did not have any involvement in the alleged offences. They further stated that he did not pass any unlawful order to the concerned subordinates to commit any of the criminal acts as alleged and thus they ought to be discharged.

Mr. Azizur Rahman Dulu learned defence counsel
In the petition for discharge of accused Brig. Gen. Ahmed Tanvir Mazhar Siddique (present) it has been stated that he was not at all involved in the enforced disappearance or torture of Brigadier General (Retd.) Abdullahil Amaan Azmi and Mr. Mikel Chakma. It has further been stated in the petition that Mr. Siddique did not arrest or detain or abduct any person during his tenure in CTIB and that he had no control over the entry and release of the victims. He did not also pass any direction to the concerned subordinates for doing any acts as alleged whereupon he deserves to be discharged.

[in relation to] Accused Brigadier General Mahbubur Rahman Siddique (present) stated in the petition that he was not involved in the abduction, detention, torture and enforced disappearance of any of the victims as narrated in the formal charge. He claimed that he was not posted in the DGFI during the alleged abduction or enforced disappearance of the victims. It has further been stated in his application that the detention of the victims was not within his ambit nor was committed within his knowledge nor did he pass any order to the concerned subordinates for doing any of the alleged acts and therefore he is not liable to be charged.

[In reelation to] Accused Maj. Gen. Sheikh Mohammad Sarwar Hossain (present) he sought discharge on the ground that he was not posted in the DGFI at the time of alleged abduction of the victims and that there was no JIC (Joint Interrogation Cell) or ‘Aynaghar’ within his jurisdiction. It has further been stated in his petition that he did not have any complicity in the abduction, unlawful detention, torture and enforced disappearance of the victims and that he did not give any direction at all to the concerned subordinates for doing any acts as alleged.

It transpires from the perusal of the discharge petitions as well as the submissions of the concerned learned defence counsels that the claims and contentions raised on behalf of the petitioner accuseds in support of their prayer for discharge can only be inferred through trial. There is no cogent ground to discharge any of the accuseds at this stage. The grounds on basis of which the accused petitioners solicited discharge will be taken into consideration during trial. The accused will definitely get the benefit of the said grounds if substantiated in trial. Therefore, in consideration of the formal charge together with the connected documents, the discharge petitions and the submissions of the learned Chief Prosecutor as well as the learned Defence Counsels the discharge petitions are hereby rejected and thereupon following charges are framed against the accuseds.

The charges can be seen here. The order continued.

You accused (in dock)

Maj. Gen. Sheikh Mohammad Sarwar Hossain,

Brigadier General Mahbubur Rahman Siddique, and

Brig. Gen. Ahmed Tanvir Mazhar Siddique

Do you plead guilty or not?

Three present accuseds namely I. Maj. Gen. Sheikh Mohammad Sarwar Hossain, 2. Brigadier General Mahbubur Rahman Siddique and 3. Brig. Gen. Ahmed Tanvir Mazhar Siddique pleaded not guilty and claimed to be tried according to the law. Three present accuseds namely I. Maj. Gen. Sheikh Mohammad Sarwar Hossain, 2. Brigadier General Mahbubur Rahman Siddique and 3. Brig. Gen. Ahmed Tanvir Mazhar Siddique pleaded not guilty and claimed to be tried according to the law.

The rest 10 (ten) accuseds namely 1. Sheikh Hasina, 2. Major General Tarique Ahmed Siddiqui, 3. Lieutenant General Md. Akbar Hossain (Retd.), 4. Major General Md. Saiful Abedin (Retd.), 5. Lieutenant General Md. Saiful Alam (Retd.), 6. Lieutenant General Ahmed Tabrez Shams Chowdhury (Retd.), 7. Major General Hamidul Huq (Retd.), 8. Major General Mohammad Towhid-Ul-Islam (Retd.), 9. Major General Kabir Ahmed and 10. Lieutenant Colonel Mokhsurul Haque (Rtd.) having been at large the charges framed could not be read over and explained to them.

Let 19.01.2026 be fixed for the opening statement and examination of the prosecution witness respectively. Prosecution is directed to submit copies of all the documents it relies upon, for the purpose of furnishing the same to the defence, if, meanwhile, the same are not supplied to the defence.

The defence shall be at liberty to submit a list of witnesses along with the documents, if any, which the defence intends to rely upon, as required under section 9(5) of the Act on or before the date fixed.

The accuseds in dock be sent back to custody with direction for their production on the next date fixed.