1 Jan 2012: Mostafa cross exam day 1

After witness number eight, Mostafa Howlader, had given his statement, defence counsel Mizanul Islam started the cross examination.

Below is an unofficial translation of the cross examination. (Notes and translation undertaken by Fazle Elahi. Every attempt has been made to ensure accuracy, but there may be some small omissions.)  

Defence: Do you know Abdur Rashid Bayati s/o Late Azhar Ali of village: Hogla Bunia?

Witness: Yes. I know him.

Defence: He filed a theft case against you and the court awarded sentence against you in that matter- is that true?

Witness: Not true. The conviction is not in force right now.

Defence: Can you please explain us why it is not in force?

Witness: I settled the matter with the plaintiff Abdur Rashid Bayati during the appeal.

Defence: When did you start your business of selling chola-muri (home made local food) at Parerhat marketplace?

Witness: 1 or 2 years before the War of Independence.

Defence: Had you got any permanent shop for selling the same?

Witness: No. I used sell them by ferrying (temporary like street hawkers).

Defence: How did you ferry (sell) the same?

Witness: In a big plate which I used to carry with me.

Defence: Was there any permanent marketplace in the Parerhat area? On which days of the week people used to come to Parerhat for buying and selling their goods?

Witness: People used to come for shopping for every single days of the week. However, weekly hat (market in bigger atmosphere than other days of the week) days were Sunday and Thursday.

Defence: How many shops were in Parerhat marketplace then in 1971?

Witness: 200-300 shops.

Defence: Were there any separate place for street hawkers/seller/buyers those used to come on hat days only?

Witness: No. However, they used to sit on the road.

Defence: Who were the richest business of Parerhat then?

Witness: Narayan Saha and Gauranga Pal.

Defence: Parerhat area was under control of the people who were on the side of freedom fighters until the Pakistani Army came to that area, right?

Witness: Not true.

Defence: When did the camp at Raj Laxmi School get established. I mean how long before the Pakistani Army came to your area?

Witness: The camp was not established the before the Pakistani Army came. It was established afterwards.

Defence: When and where was the rajakar camp established in Parerhat area?

Witness: 15-30 days before the Pakistsani Army came to our area. The camp was established in the Parerhat marketplace.

Defence: What was the colour of the uniform of the rajakars?

Witness: Khaki.

Defence: Do you know where they get those uniforms?

Witness: No idea.

Defence: When was the peace committee formed- before or after the Pakistani army came?

Witness: After the Pakistani army came.

Defence: What is the status of Parerhat as per administrative division?

Witness: It is a union.

Defence: Who was the chairman of Parerhat union then?

Witness: Ramani Bala.

Defence: What is the name of your village?

Witness: The name of my village is Hogla Bunia.

Defence: Where was the market place for your villagers?

Witness: It is Parerhat. It is the marketplace for both the villagers from Hogla Bunia and Umedpur.

Defence: Who was the Union Porishad (UP) member of Umedpur village then in 1971?

Witness: I do not know.

Defence: Can please tell us what was Danesh Molla’s profession?

Witness: He was a teacher.

Defence: What was the profession of Sekender Shikder?

Witness: He was a rich man. Sometimes he used to sit at his shops at Parerhat marketplace.

Defence: What was the profession of Khalil Moulovi? Where was he from?

Witness: He was MadrasaI (an education system in Bangladesh focusing Arabic and religious teachings) teacher. He has also had an opticians. He was from Hoglabunia village.

Defence: What was Moslem Maulana’s profession?

Witness: He was a student then in 1971.

Defence: Just after the rajakar force formed they started torturing Hindus and AL activists/supporters, right?

Witness: Yes. That is right.

Defence: What were the types of torturing by rajakars- looting and arson?

Witness: Yes.

Defence: Due to this fear of torture by rajakars, some of the Hindus and AL activists/supporters left Parerhat then, is that true?

Witness: Yes.

Defence: Can you please name the persons/families those left Parerhat then?

Witness: I cannot remember.

Defence: Do you know Pirojpur Arms Depot and Treasury were looted during the war?

Witness: I do not know anything about it.

Defence: Why did you state Roijuddin Poshari’s name as Roijuddin Company?

Witness: He had launches and trollers (engine boats)...something like a transport company that is why.

Defence: So he was involved in human trafficking in India, right?

Witness: Thats not true. He has got business in the Sunderbans.

Defence: What kind of business?

Witness: Fishing business.

Defence: Have ever been to the Sunderbans?

Witness: No.

Defence: During the whole war of independence in 1971, you had got the same business of chola-muri, right?

Witness: Yes. I started the business 1/2 years before the war and continued the same after 4/5 years of the victory.

Defence: Since when did you knew Ibrahim alias Kutti before the time of his death?

Witness: About 1/2 years ago.

Defence: Since when he (Kutti) started working as servant at Manik Poshari’s house?

Witness: I do not have any idea.

Defence: Where was he (Kutti) from basically?

Witness: He was from Badura which was 1-1½ miles north direction from there.

Defence: What was his father’s name?

Witness: His father’s name was Gafur Sheikh.

Defence: Did he (Kutti) get married?

Witness: Yes.

Defence: Where was his father-in-law’s house?

Witness: Nol Bunia.

Defence: Do you know his father-in-law’s name?

Witness: No.

Defence: Do you know his brother-in-law Shaheb Ali?

Witness: No.

Defence: So you have never heard that he had got a brother-in-law named Shaheb Ali, right?

Witness. Right. I have never heard about him.

Defence: What kind of torture rajakars did in the Hogla Bunia village?

Witness: I do not know.

Defence: What kind of torture rajakars did in the Nol Bunia village?

Witness: I do not know that as well.

Defence: Do you know whether Ibrahim alias Kutti had got any child?

Witness: I do not know that.

Defence: Have ever tried to know that whether he (Kutti) had got a child or not?

Witness: I do not need to know that.

Defence: Where is his (Kutti’s) wife now? And what does she do? Do you know that?

Witness: No. I do not know that.

Defence: So the Pakistani armies threw Ibrahim alias Kutti’s dead body in the canal. What happened to his dead body then?

Witness: I heard that nobody found that.

Defence: Was Shohid Uddin Poshari known to you?

Witness: Yes.

Defence: Had you got any personal relationship with him?

Witness: No.

Defence: Since when Mofiz Uddin Poshari (Witness) is known to you (before 1971)?

Witness: Roughly 1/2 years ago.

Defence: Since when he (Witness) started working for Manik Poshari?

Witness: I do not know.

Defence: Where is he (Witness) from?

Witness: He is from Badura.

Defence: Badura and Chigholia are separate villages, is that true?

Witness: Yes. Just adjacent. There is just a canal between the villages.

Defence: When did Parerhat become enemy free?

Witness: I cannot remember the exact day.

Defence: Well, in that case, can please tell us how many days before 16 December Parerhat became enemy free?

Witness: I cannot say.

Defence: Under whose leadership Parerhat become enemy free?

Witness: Ruhul Amin Nabin [Witness number 2]

Defence: Where did he (PW2) set up his camp?

Witness: At the same place where rajakars sat up their camp previously.

Defence: Have heard the name of freedom fighter Khoshrul Alam of Parerhat?

Witness: No.

Defence: What about Mokarram Hossain Kabir?

Witness: Yes. I know him.

Defence: Have heard the name of Zia Mia alias Major Zia Uddin (he was 2/Lt then)?

Witness: Yes.

Defence: Can you please tell who came earlier at Parerhat- Ruhul Amin Nabin (PW2) or Major Zia?

Witness: I have no idea.

Defence: Well, Ruhul Amin Nabin (PW2) was the first freedom fighter to come back to Parerhat. None came before him, right?

Witness: Right.

Defence: So he (PW2) was not known to you long before- is that true?

Witness: It is not true. He is known to me for long time before.

Defence: What was his (PW2’s) profession before the war of independence?

Witness: He was a student then.

Defence: Where/What did he study then?

Witness: I do not know.

Defence: Well, in that case, can please tell whether he studied in a school or in a Madrasha?

Witness: No idea.

Defence: You said you saw Mofiz Uddin Poshari (Witness) and Ibrahim alias Kutti after the rajakar arson of Roijuddin’s homestead. How much time elapsed in between the 2 incidents?

Witness: Almost instantly.

Defence: You have also mentioned that the rajakars also set fire to Shohid Uddin’s gola ghor (store house for rice). Can you please tell us the storing capacity of that store house?

Witness: I do not know. However, he used to produce thousands mons (1 mon = 40 KGs) of rice.

Defence: In that case, can you please tell us the length and width of the store house?

Witness: No idea. However, it was very big one.

Defence: Did you go to the place after it was burnt?

Witness: No. I did not on that day. However, I visited the place on the next day around 10/11 am.

Defence: So, whom did you meet/see then?

Witness: I did not meet anyone of his family.

Defence: Well, did you see anyone else?

Witness: The store house was still burning until next day. Thus, like others I also came to see that.

Defence: When did Shohid Uddin Poshari and his family members leave their house I mean how long before the arson?

Witness: I do not know that.

Defence: Do you have any idea that whether their house suffered arson by local people before 8th May 1971?

Witness: I do not have any idea.

Defence: Did you meet Shohid Uddin Poshari and/or Manik Poshari in between rajakar force was formed in Parerhat and the incident of arson of their house on 8th May 1971?

Witness: I cannot remember at this moment.

Defence: When did you meet Shohid Uddin Poshari for the first time after the incident of 8th May 1971?

Witness: After the victory.

Defence: What about Manik Poshari I mean when did you meet him for the first time after the incident of 8th May 1971?

Witness: I cannot remember.

Defence: Well, just tell us before or after the victory?

Witness: I cannot remember that even.

Defence: How many houses Roijuddin had?

Witness: 2 houses.

Defence: When did you meet CIO Helal Uddin?

Witness: May be on 18.08.2010.