Tuesday, January 3, 2012

18 Dec 2011: Nabin cross-exam day 1

The main part of the day was taken up with the cross examination of the prosecution witness number 2, Ruhul Amin Nabin (who had given his evidence-in-chief to the court on 8 December) by the defence lawyer Mizanul Islam. Just before the cross examination started, the tribunal dealt with charge submission against another accused Mollah.

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: In your statement you have said that you came back from the independence war on 18 December 1971. Where did you come back?

Witness: At my own locality at Pirojpur.

Defence: Did your sub-sector commander Zia Uddin came with you from Bagerhat?

Witness: Until 18 December 1971 he did not come.

Defence: After the declaration of independence, was Pirojpur under the control of all-party alliance (i.e. freedom fighters) until Pakistani Army came?

Witness: True.

Defence: There was no incident of loot, rape, killing, setting fire to homestead during this time, is that true?

Witness: True.

Defence: When was the peace committee formed i.e. how many days after Pakistani army came?

Witness: I cannot remember the exact date. However, the peace committee was formed 1-2 days before the Pakistani Army came; not after.

Defence: Where were you then?

Witness: Bagerhat.

Defence: You did not go to Pirojpur at that time?

Witness: No.

Defence: Do you have any personal idea that where (particular place/house/office) the peace committee was formed?

Witness: No.

Defence: When did the freedom force leave Bagerhat?

Witness: 21 June 1971.

Defence: After that, who took over the control of Bagerhat?

Witness: I do not know.

Defence: When did the peace committee form in Shankarpasha union?

Witness: I do not know that.

Defence: When did peace committee formed in Pottashi union?

Witness: I do not know.

Defence: When did the peace committee form in Parerhat area?

Witness: I have forgotten the exact date.

Defence: When did razakar force formed in these 3 unions of Bagerhat?

Witness: I cannot remember the exact date.

Defence: Razakar force was a government force. It was formed by extinguishing the then Ansar force. Do you agree?

Witness: No.

Defence: To form the razakar force the then govt. made an ordinance. Did you know that?

Witness: No idea.

Defence: Do you know that there was a razakar commander for each and every area?

Witness: I know.

Defence: Razakar force was formed by direct control of peace committee. Who was the razakar commander of Shankarpasha union?

Witness: I do not know that.

Defence: Who was the chairman of peace committee at Prottashi union?

Witness: No idea.

Defence: Who was the razakar commander at Prottashi union?

Witness: I do not know.

Defence: You submitted in your statement that Moslem Maulana and Delwar Hossain Sayedee were ‘sole co-ordinators’ of peace committee. What did you really mean by that?

Witness: By that term I meant ‘all sort of responsibilities and functions’.

Defence: Did the peace committee members call for people to collect their members?

Witness: No idea.

Defence: Was there any advertisement in the newspaper for collecting members for razakar force?

Witness: No.

Defence: Was either Moslem Maulana or Delwar Hossain Sayedee a student during the liberation war?

Witness: No.

Defence: According to your statement in the port area the razakar force was formed by madrasa students. Can please tell us the number?

Witness: 20-22 students.

[Note: Justice ATM Zahir suggests writing ‘port camp’ instead of ‘port area’, but prosecution lawyers objected]

Defence: Can you please name some of the madrasa students who were razakars?

Witness: The names are- (1) Khalilur Rahman, (2) Mohsin, (3) Abdur Rashid Howladar, (4) Md. Abdul Halim and (5) Hakim Kari. There some other people but I cannot remember their names at this moment. 


Defence: The razakar force was also formed by the members of ‘student union’. Do you know the names of the president and secretary of the Barisal district wing of the said student union?

Witness: I do not know.

Defence: What about Pirojpur sub-division? Do you know the names of the president and secretary of the Pirojpur sub-division wing of the said student union?

Witness: No idea.

Defence: The present Zainagar Upazilla was under Pirojpur sub-division in 1971. Is that true?

Witness: True.

Defence: Do you know the names of the president and secretary of the Zianagar area of the said student union?

Witness: No.

Defence: Can please name 5 student union members who were in Razakar force?

Witness: (1) Ruhul Amin Howladar s/o: Late Anwar Uddin Howlader of village Parer hat, (2) Ruhul Amin-2 s/o: forgotten the police statition, Pirojpur Sadar and (3) Mosleh Uddin s/o: forgotten, of village Batura, P.S.: Pirojpur Sadar. I cannot remember others name at this moment.

Defence: Apart from madarasa students and student union members, were there any outsiders in razakar force?

Witness: Yes.

Defence: Among those was there any razakar named Delwar Mollik?

Witness: No, there was not.

Defence: How did you come to know that Golam Azam and AKM Yusuf were the President and Secretary of Khulna peace committee?

Witness: Hear say and also by East Pakistan Radio.

Defence: Did you listen to radio frequently then in 1971?

Witness: Sometimes I used to listen radio.

Defence: When did the East Pakistan Central Peace Committee forme?

Witness: I do not know the exact date.

Defence: Do you know where (in which office) it was formed?

Witness: I do not know but I heard that it was formed in Dhaka.

Defence: Do you know who was the president or convenor of the East Pakistan Peace Committee?

Witness: I know he was Golam Azam.

Defence: Do you know who was the general secretary or member secretary of the East Pakistan Peace Committee?

Witness: I do not have any idea.

Defence: Do you know how many members were in the East Pakistan Peace Committee?

Witness: I do not know.

Defence: Do you know that Abdul Malek was the Governor of the then East Pakistan?

Witness: I have heard that.

Defence: Who was the Governor of East Pakistan when the war broke down?

Witness: I do not have any idea.

Defence: Who was the Governor of East Pakistan at time of National and Provincial Assembly Election in 1970?

Witness: I do not know.

Defence: Do you know who were the presidents/commanders of peace committee and razakar force in the other police stations of Pirojpur sub-division?

Witness: I do not know.

Defence: So you are involved in politics, right?

Witness: I am not directly involved in politics.

Defence: Did you ever involve in politics?

Witness: Yes.

Defence: When did you leave politics?

Witness: For the last 13 years I have not been involved in politics.

Defence: There was an organizational territory of Awami League combining Indurkandi union and adjacent villages. You were the General Secretary of that territory. Is that true?

Witness: Yes, it is. It was 13 years ago.

Defence: You are a social worker. You have established a school named Sheikh Hasina Academy. Is that true?

Witness: Yes.

Defence: It was a coaching centre before, right?

Witness: Yes. However, I want to give an explanation for that. After I came back from abroad, all the people from my locality requested me to established a school. Upon their request, I established a girls’ school named Sheikh Hasina Academy on 28 January 1985.

Defence: The owner of the coaching centre was someone else named Delwar Hossain Chairman, right?

Witness: It is not true.

Defence: Who is the President of the school committee now?

Witness: AKMA Awal who is the local MP (Member of the Parliament).

Defence: Mr AKMA Awal is also known as Saidur Rahman. Is that true?

Witness: Yes.

Defence: Are you in the school committee now? Something like ‘founding member’?

Witness: No.

Defence: The school got govt. authorization during the 1st regime of Sheikh Hasina (1996-2001). Is that true?

Witness: It is not true.

Defence: The school got MPO [monthly payment order] incorporation during the same regime of Sheikh Hasina, didn’t it?

Witness: No, it is not.

Defence: You evicted Delwar Chairman from the coaching centre by way of force and coercion- is that true?

Witness: It is not true.

Defence: The present local MP AKMA Awal is the son of the president of the then peace committee Ekram Khalifa, right?

Witness: It is not true.

Defence: AKMA Awal MP has also evicted you from the school in the same way you evicted Delowar Chairman. Is that true?

Witness: Not really.

Defence: Have you given any wrong information to the Govt. while founding the school?

Witness: No. I have given all the information required by law of the land.

Defence: Have you given any wrong information about your personal life to the Govt. or any other authority?

Witness: No, I have not.

Defence: Have you signed the form containing your personal information in the last updated voter list?

Witness: True.

Defence: According to your birth certificate, which was issued in pursuance of the information given you, your date of birth is 03/11/1956, right?

Witness: It is not true.

Defence: What is your date of birth according to your birth certificate then?

Witness: I do not want to answer. You guys go and find it out.

Defence: You are bound to answer this question.

Witness: No, I am not.

The prosecution witness-2 was arguing that he was not bound to answer this question. However, the defence lawyer Mizanul Islam argued that according to section 18 of the ICT Act, the witness was bound to answer the question.

Upon reading the section 18, Justice Zahir then ordered the Witness to answer the question but that no action be taken against him even if he gives an inaccurate answer.

Witness: My date of birth is 30/11/1956. However, I want to give you an explanation.

The chairman then suggested that the witness does not need to give them an explanation as everyone knows that in Bangladesh date of birth is not authentic. In certain cases there are some mistakes.

The Prosecution lawyer Haidar Ali then request the Chairman of the tribunal to hear and accept the explanation, but the chairman refused.

Defence: Under whose command were the traitors arrested after 18 December in you area?

Witness: It was me.

Defence: You sent some of them to the killing squad of 2nd Lt. Zai Uddin situated at Sundarban- is that true?

Witness: It is not true.

Chairman: Learned defence counsel, are you sure Zia Uddin was a 2/Lt.?

Defence: Yes, my Lord. We have got a book with us written by him.
Chairman Ok. Proceed.

Defence: Did you make any list of the persons arrested?

Witness: Yes. I did. I included some of the names from hearsay.

Defence: Did you submit the list to district administration or police authority?

Witness: No.

Defence: You have submitted that list to Freedom-fighters Command Council after the present govt. got the power. Is that true?

Witness: Not at all. I have never submitted the list to any authority or person.

Defence: You were a student of school in 1971, right?

Witness: Yes, I was a student but not of school. I was a college student. I could not get admitted in the college in 1971 due to the war. Afterwards, I got admitted in Dhaka College and in 1973 in Dhaka University for my higher studies.

Defence: When did you pass your Secondary School Certificate (SSC)?

Witness: In 1970.

Defence: Your examination centre was at Chakhar in Barisal, right?

Witness: Yes. I registered from Pirojpur but sat for SSC from Chakhar.

Defence: When did the freedom-fighter council become established in Barisal?

Witness: I cannot remember.

Defence: What about Pirojpur? When did it was established in Pirojpur?

Witness: I cannot remember.

Defence: When were you incorporated into the freedom-fighter council?

Witness: I cannot remember but may be some time between in 2005-2006.

Defence: You submitted in your statement that you protested when Delwar Hossain Sayedee came to Pirojpur in 1996. How and in front of whom you have done the same?

Witness: Someone named Mokarram Hossain Kabir. He thought that I would protest if Sayedee would come to a Woaj Mahfil (agathering for the purpose Islamic teaching) at Parerhat High School field. Thats why they came to me requesting me not to do that. However, I told them, I would protest if he (Sayedee) would give any politically motivating speech.

Defence: You were not a member of any social or political forum/party in 1986, were you?

Witness: Not really. However, I am a social worker and freedom fighter that is why they came to me to seek my permission and then I expressed what I just said.

Defence: The said Mokarram Hossain Kabir you just mentioned is a freedom fighter as well, isn’t he?

Witness: Yes.

Defence: You raised objection only about not giving any politically motivated speech by Sayedee, right?

Witness: Right you are.

Defence: Your submission is untrue as were not a leader then so people would not go to you for permission.

Witness: I do not agree because they went to me.

Defence: I reject that. Nobody went to you this is the true fact.

Chairma: Learned counsel, why you are asking the same question again? You can raise this question at time of cross examination. Then why you are raising it now?

Defence: My lord, I am raising it because, it is a relevant question and it is a fact that he was not a leader then.
The Tribunal adjourned for lunch.


Defence: You protested only because of political reasons, right?

Witness: Yes.

Defence: Is Moslem Moulana still alive?

Witness: Yes.

Defence: He is now involved with Awami League politics. Is that true?

Witness: It is not true.

Defence: He is a leader of Awami Olama League.

Justice ATM Zahir: The Tribunal understands the fact that Witness has given false evidence in this regard knowing the fact that he is involved Awami Olama League.

Defence: Do you have any idea about ‘gono adalat’ (people’s court)?

Witness: No.

Defence: In 1994, there was a commission formed named People’s Investigation Commission who put advertisement in the news paper for collecting evidences against war criminals. Do you know that?

Witness: No.

Defence: Sayedee is known as Delwar Hossain Sayedee long before Independence War. Is that true?

Witness: It is not true.

Defence: I reject that. It is not true. Witness has intentionally given wrong information in his statement regarding Sayedee’s name as Md. Delwar Hossain Shikdar.

Defence: Do you have any idea about Operation Search Light?

Witness: Little bit. I came to know about that from radio.

Defence: Which radio?

Witness: The then East Pakistan Radio (Dhaka Centre).

Defence: Do you know the local time when the news from Dhaka Centre of East Pakistan Radio used to broadcast?

Witness: I do not know. I have heard that during 25-26 March 1971.

Defence: You did not know Sayedee in 1986.

Witness: It is not true.

Defence: You never told anyone that Sayedee was against the Independence War before coming to this trial. Is that true?

Witness: No.

Defence: When did you come to know about this trial?

Witness: Approximately seven months ago.

Defence: From whom did you come to know that? I mean who told you about the trial?

Witness: Prosecution witness-1 Mahabubul Alam Howladar of this trial.

Defence: Is that true that you did not given evidence in the Magistrate’s court (where PW1 has given evidence) even though you were asked to give the same by the Investigating Officer (IO) of the case?

Witness: It is not true.

Defence: When did you get introduced to the IO of this trial?

Witness: At the time when he went to investigate it. I cannot remember the exact date.

Defence: Roughly?

Witness: in 2010.

Defence: In which month? Or which part of the year-first/middle/end?

Witness: Most probably in March. However, I am not sure.

Defence: You did not give any statement to the Chief Investigtion officer of this trial (Helal Uddin), right?

Witness: I have given my statement to him at the first instance.

Defence: Where?

Witness: At Pararhat High School with other witnesses.

Defence: Who invited you to go there?

Witness: Nobody. I came to know that investigation is going on against Sayedee’s war crime. I went there willingly on my own.

Defence: How many people went there to give statement/evidence as well?

Witness: 3 or 4 people.

Defence: Can you please tell me their name?

Witness: (1) Sultan Ahmed, (2) Mahabubul Alam, (3) Khalilur Rahman. Mr Manik Poshra went there after I left the place.

Defence: Apart from the witnesses how many people were there?

Witness: 10/12 people were also present there.

Defence: Can please name 2/3 of them?

Witness: I cannot remember.

Defence: Do you know Mizanur Rahman Talukdar s/o Abdul Mazid Talukdar of the village Togra?

Witness: Yes.

Defence: Do you know Manik Poshra?

Witness: Yes.

Defence: Do you know Zafar Iqbal whose father Foyzur Rahman died in the Liberation War in 1971?

Witness: Yes.

Defence: Do you know Late Haripod Mondal?

Witness: Yes.

Defence: Do you know Shumoti Rani Mondal w/o Late Haripod Mondal?

Witness: No.

Defence: Do you know Shomor Mistri?

Witness: No.

Defence: Do you know Advocate Gopal Krishna Mondal s/o Kali Charan Mondal?

Witness: No.

Defence: Do you know Shuresh Chandra s/o Aku?

Witness: No.

Defence: Do you know Syed Sharafat Ali s/o Late Syed Abdur Gofur?

Witness: No.

Defence: Do you know Mahtab Uddin Howladar s/o Mosharof Howladar of the village Char Tengrakhali?

Witness: Yes.

Defence: Do you know Abdul Latif Howlader of the same village?

Witness: Yes.

Defence: Do you know Mostak Howlader of the village Hogla Buniya?

Witness: Yes.

Defence: Do you know Sultan Hawlader s/o Late Hossain Ali Howlader of the village Chighulia?

Witness: Yes.

Defence: Do you know Khalilur Rahman Sheikh s/o Late Imanuddin of the village Togra?

Witness: I know Khalilur Rahman Sheikh of the same village but I am not sure about his father’s name.

Defence: Do you know Abdul Latif Howlader s/o Hafiz Uddin Hawlader of the village Char Tengrakhali?

Witness: I know Abdul Latif Howlader from the same village, however, I do not know whether or not his father’s name is Hafiz Uddin Howlader.

Defence: Do you know Amit s/o Nokul of the village Lalitpur?

Witness: No.

Defence: Do you know Shukho Ranjan Bala s/o Lalit Kumar Bala?

Witness: No.

Defence: Do you know Shahidul Islam Selim s/o Nurul Islam Khan of the village Badura?

Witness: Yes.

Defence: Do you know Ayub Ali Hawlader s/o Shiraj Uddin Hawlader?

Witness: No.

Defence: Do you know Ruhul Amin Hawlader s/o Anwar Hawlader?

Witness: Yes, I know.

Defence: Do you know Mukunda Chakrabarti s/o Binod Bihari Chakrabarti?

Witness: I do not know him exactly.

Defence: Do you know Chan Mia Poshari brother of Manik Poshari?

Witness: Yes.

Defence: Do you know Basu Deb Mistri s/o Kali Kumar?

Witness: Yes. But I am not sure about his father’s name.

Defence: Do you know Mokhles Poshari?

Witness: Yes.

Defence: Do you know Mofiz Uddin Poshari s/o Moyej Uddin Poshari of the village Badulia?

Witness: Yes.

Defence: Do you know Manik Hawlader of the village Umedpur?

Witness: Yes. I know Manik of Umedpur, however, I am not sure whether or not his surname is Hawlader.

Defence: Do you know Abdul Kader Bepari s/o Tejbor Ali Bepari alias Tambu Bepari of the village Umedpur?

Witness: No, I do not know him.

Defence: Do you know Abdul Halim Babu of the village Parerhat?

Witness: There is no such person in Parer hat named Abdul Halim Babu.

Defence: Do you know Usha Rani Malakar w/o Haralal Malakar of the village Parerhat?

Witness: Yes.

Defence: Do you know Josna Biswas w/o Shamiron Biswas?

Witness: No.

Defence: Do you know Bimol Chandra Haldar s/o Kashinath Haldar of the village Andarpur?

Witness: No, I do not.

Defence: Do you know Abdul Halim s/o Solaiman Bashak Ali of the P.S. Shorupkathi, District: Bagerhat?

Witness: No.

Defence: Do you know Golam Hossain Talukdar s/o Rajab Ali Talukdar?

Witness: No.

Defence: Do you know Ishaq Ali Khan s/o Abdul Mazid Khan?

Witness: No, I do not know him.

Defence: Do you know Pulok Choudhuri s/o Hirendra Mohajan Choudhuri, President of District Chatra League in 1971?

Witness: No.

Defence: Do you know Gauranga Chandra Saha s/o Hari Das Saha of the village Parar Hat?

Witness: Yes.

Defence: Do you know Rani Begum daughter of Abdul Aziz Hawlader of the village Kadamtola?

Witness: No.

Defence: Do you know Abdul Aziz of the village Nol Munia?

Witness: Yes.

Defence: Do you know Mostofa Hawlader s/o Yousuf Hawlader of the Hawlader Bari?

Witness: I have already answered the question earlier.

Defence: Do you know Shafiul Islam s/o Abdul Joynal Abedin?

Witness: No.

Defence: Do you know Ramesh Chandra Saha s/o Priyo Ranjan Saha of Bagmara, Pirojpur?

Witness: No.

Defence: Do you know Ram Gopal Saha s/o Gauranga Saha?

Witness: I know his father Gauranga Saha but I do not know Ram Gopal Saha.

Defence: Do you know Bankim Chandra Saha s/o Radha Chandra Saha?

Witness: No.

Both the Tribunal Chairman Justice Nassim and Justice ATM Zahir asked the defence lawer Mizanul Islam to restrict the numbers of names he was asking since they appears irrelevant and it was killing the valuable time of the Tribunal.

Defence: Do you know Bajlur Rahman s/o Abdur Hamid Chaprashi of the village Indurkani?

Witness: No.

Defence: All these people you have told that you know are involved in the Awami League’s politics as a leader/activist/supporter.

Witness: I do not know.

Defence: Do you know any of them are involved in the politics of Jamat-e-Islam?

Witness: No idea.

Defence: My fellow counsel Kafil Uddin will conduct the further examination in chief.

Defence: Were you a class captain in the school/college?

Witness: No.

Justice ATM Zahir: It is irrelavent.

Defence: What was your father?

Witness: He was a school teacher.

Defence: Where did he study?

Witness: Pirojpur Govt. High School.

Defence: How far from the school was your home?

Witness: 5 to 5.5 miles.

Defence: From which centre did you sit for your SSC examination?

Justice ATM Zahir: It is irrelevant and the question was asked before. Therefore, we are not going to allow the defence to ask the question again.

Defence: You sat for your SSC examination from Chakhar Centre which is 50-60 miles far from your home.

Witness: It is not true. It is just 30-35 miles away from my home.

Defence: You sat for the SSC examination as a student of Chakhar School- is that true?

Witness: No, it is not.

Defence: You have submitted in your statement that you came to Parerhat market place from your previous house/address in mid-June, 1971 to buy supplies for freedom-fighters. How far is your previous house from Parerhat market place?

Witness: 1 to 1.5 kilometre.

Defence: Who was residing at that house then?

Witness: One of my sister-in-laws and two of my younger sisters.

Defence: Where were your parents then?

Witness: They were at our new house just beside Parerhat market place.

Defence: You were a well known person at Parerhat market place then, right?

Witness: Yes, I was at that time.

Defence: For whom you went to buy supplies at Parerhat Bazar?

Witness: For freedom fighters.

Defence: They were elder/younger than you?

Witness: They were elder as well as younger than me. Some of them were the same age.

Defence: Could you please name some of them?

Witness: Sure. Md Abdul Aziz who was an EPR soldier then, Md Shah Alam, Md Siddikur Rahman, Sahid and some others.

Defence: Are the still alive?

Witness: Two of them are no more alive. Md Abdul Aziz was killed by razakars later on and Md Shah Alam died in the freedom fight.

Defence: Why did you buy supplies?

Witness: To send the supplies for the other units of the freedom fighters.

Defence: How many freedom fighters were present at your house on that day?

Witness: Those four freedom fighters I have mentioned earlier.

Defence: Did you use any transport to go to Parerhat Bazar?

Witness: Yes. By a boat. The boatman’s name was Safi Majhi.

Defence: How long did you stay there roughly?

Witness: I reached at Parerhat market place at 10 am in the morning and I left the place by about 12 pm-1 pm.

Defence: Did you meet your parents on that day?

Witness: I did not meet my father. I met only my mother.

Defence: What were the supplies you bought?

Witness: Rice, lentils, cooking oil, soap etc.

Defence: How was the weight altogether?

Witness: In two jhakas (carrying basket made of bamboo locally) roughly 25-30 KGs (10-12 KGs in each basket)

Defence: Did anyone in the Parerhat market place know that you have joined liberation force?

Witness: Some people knew that; not each and everyone.

Defence: When did you join liberation force?

Witness: I tried to organize people of my age and seniors from the first week of April.

Defence: How and when did you get arms (revolver) you used?

Witness: I got the revolver from my brother-in-law Doctor Shamsuddin Ahamed who was the President of Morolgang Shangram Parishad (a forum of the people who wanted independence). I got it at the 1st week of May 1971.

Defence: You mentioned the name of a shop as Masum Store in your statement. Was it your father’s shop?

Witness: Yes.

Defence: You have also mentioned the name of Masum Uddin in your statement. Is he still alive?

Witness: Yes. He was a member of Peace Committee.

Defence: Where did you get the training?

Witness: Initially we were trained by Abdul Aziz who was an East Pakistan Rifles (EPR) soldier then using fake rifles of Mukul Fouj (an organization to train the youth to fight/support the regular force in an emergency of the state). The training took place in big field near my previous house.

Defence: How long did the training continue?

Witness: From the first week of March to until one to two days before Pakistani Army came to our area.

Defence: How many people got training then?

Witness: 10-12 people.

Defence: How did you manage your food at the time of training?

Witness: From our own house. Each and everyone arranges their own food.

Defence: When did the training take place?

Witness: At day time.

The chief prosecutor objected because the Witness was giving new information 'voluntarily'. Justice ATM Zahir replied that if the Witness says something voluntarily then the Tribunal has to accept it, therefore, the objection was over-ruled.

Defence: Can you please name those 10-12 people who got training with you?

Witness: I cannot remember their names.

Defence: So your elder brother is a freedom fighter as well?

Witness: Yes, he is.

Defence: Is he alive?

Witness: Yes.

Defence: Where did he study in 1971?

Witness: In Jagannath College.

Defence: What is your educational qualification?

Witness: I did my Bachelor of Arts (Hons) in Bengali Literature from University of Dhaka.

Defence: I am saying that you passed the Higher Secondary Certificate (H.S.C.)

Witness: It is not true.

Defence: Can please produce the certificate before the trial?

Witness: I do not have the certificate now. I have lost all of my documents in Sidre (name of cyclone). I have made a general diary (G.D.) in this regard at Pirojpur Sadar P.S.

Defence: Can please produce the certificate anytime before the Tribunal finishes?

Witness: Yes.

Defence: In the mid-June when you been to Parerhat market place, there was a camp of peace committee and razakars in the house of Fakir Das at that place. Is that true?

Witness: It is true.

Defence: Was there a Pakistani Army camp nearby?

Witness: Not nearby. At Raj Laxmi School.

Defence: In that dire situation no young boy would not dare to walk beside the camps, right?

Witness: It is not true.

Defence: If Razakars/Pakistani Army saw a young boy walking besides, they used to ask, arrest and interrogate them.

Witness: Not true. They arrested and interrogate only the people they doubted.

Defence: You were in the Parerhat market place for such a long time. Did anyone see you?

Witness: No one but Nurul Haq Moulvi at the time of looting.

Defence: There were lot people at the market then as that was the fixed day for the weekly hat. And lot of people know you. What do you say to that?

Witness: (Kept silent...)

Defence: Has the prosecution’s first witness Mahabubul Alam Hawlader know you for long time?

Witness: Yes, he was a freedom fighter.

Defence: What was his profession in 1971?

Witness: Student.

Defence: What is his present profession?

Witness: I do not know. He has got a well built house and he is upazilla commander of the freedom fighters.

Defence: Your area became enemy-free on 8 December. Do you know that?

Witness: Yes. Total area of Pirojpur including our area.

Defence: After becoming an enemy free area, the house of Fakir Das, which was previously Razakar’s camp was turned into freedom fighter’s camp.

Witness: It is not true. Freedom fighters took over that house on 18/12/1971.

Defence: Freedom fighters Khosrul Alam and your maternal uncle Amirul Islam Alam became the commanders and Mokarram Hossainn Kabir became the deputy commader of that camp after taking over the said camp. Is that true?

Witness: It is not true.

Defence: After taking over the said camp, they identified the razakar, peace committee members and their supporters on 13, 14, 15 & 16 December and sent them to the killing squad of 2nd Lieutenant Zia Uddin (later on Major) situated in Sundarban before you (came to your area, is that true?

Witness: It is not true.

Chairman: Same question was asked earlier. So, it will not be taken.

Defence: After taking over control over the area including the administration, they arrested the people who were against the independence Maulana Shah Mo. Abu Jafor, Ashraf Shikder, Advcate Shamsher Ali, Delwar Hossain Mallik- is that true?

Witness: I do not know because none of them are from Parerhat area.

Defence: Apart from that they filed case for the charge of killing, looting, rape, setting fire in the homestead against hundreds of razakars, peace committee members?

Witness: I do not know.

The chief prosecutor objected, but it was overruled.

Defence: In the post-war period none of the locality identified the said Delwar Hossain Shikder as against the independence war. You did the same for the first time before this tribunal- is that true?

Witness: It is not true.

Defence: You did not give the name Delwar Hossain Shikder even before the Investigation Officer of this tribunal.

Witness: Not true.

Defence: You were under 2nd Lt. Zia Uddin’s command during independence war, right?

Witness: For certain time but not for long time. We know each other.

The tribunal was then adjourned for the day

No comments:

Post a Comment

Post a Comment