22 Dec 2011: Sultan cross examination

This was the first and only day for the cross examination of the prosecution witness number four, Mr Sultan Ahammed Hawlader which was carried out by defence lawyer Mizanul Islam.

Prior to the start of the cross examination, Islam mentioned that the lower courts are closed in December and the both the Appellate Division and High Court Division of the Supreme Court of Bangladesh are also closed almost 4 months in a year, but that the trial hearing is continuing without any vacation, and they request that the Tribunal consider this matter.

Justice Nassim said that there would be a few days holiday in the weekend and providing holidays would delay the trial. Islam requested that they be given a few more days holiday over and above the weekend. Nasim said that he would think about it.

Witness evidence in chief

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: Are you an enlisted/registered freedom fighter?

Witness: No. I am not a freedom fighter at all.

Defence: You have recently applied for enlisting your name in the Register of the freedom fighters which was referred by your local MP AKMA Awal and he issued a D.O. letter thereof. Is that true?

Witness: It is not true. However, I have applied for enlisting myself an ‘associate’ freedom fighter.

Defence: Do you know Kader Kazi s/o Janab Ali Kazi of Parerhat area?

Witness: Yes. I know him.

Defence: The said Kader Kazi filed a criminal case against you on the accusation that you have stolen banana from his banana field and the court passed a sentence against you finding you guilty of that, is that true?

Witness: Not really. I have got problems with him in respect of land. He filed the case out of malice. I have appealed against the decision of the court and I got bail from the same court.

Defence: In which court?

Witness: In the High Court (Division of the Supreme Court of Bangladesh).

Defence: Can please tell us is that revision petition or appeal petition?

Witness: I want to give an explanation if the Tribunal permits me. (permission granted) After 1975 (just after the assassination of father of the nation Sheikh Muzibur Rahman), there was a trend that to file cases against rivals out of malice for the purpose of political or financial gain. This is a case likewise. After the case was filed, I settled it down with the plaintiff Kader Kazi and my lawyer said you do not need to come to the court as it has been settled down. However, after 10 years the court pronounced its judgement ex parte (without my presence) against me. I have not got a single summons from the court before pronouncing the same. Therefore, I did not defend myself in the court in that matter.

Defence: Kader Kazi is your relative, isn’t he?

Witness: Sort of. Distant relative. He has got married with my paternal niece.

Defence: There is a theft case against you in the Barisal Session Judge’s Court on the accusation that you stole fishing trawlar (engine boat), is that true?

Witness: Yes.

Defence: Do you know the father’s name of Ibrahim alias Kutti?

Witness: I cannot remember.

Defence: Do you know where he is from?

Witness: Most probably from Baroikhali. So far I can remember, his father-in-laws house is there.

Justice Kabir interrupted in this stage and asked the Witness to answer whatever he had been asked; not otherwise.

Defence: Do you know Shahi Uddin of village Badura is still alive or not?

Witness: I do not know.

Defence: Chighuliya and Badura are adjacent village, right?

Witness: Yes.

Defence: What is the name of the wife of Ibrahim alias Kutti?

Witness: I do not know.

Defence: Have they got any children?

Witness: I do not know that as well.

Defence: Where is his father-in-laws house?

Witness: I have already told that most probably his father-in-law’s house is Baroikhali.

Defence: The name of Ibrahim alias Kutti’s father-in-law is Ajgar Ali, right?

Witness: I do not know.

Defence: His brother-in-law’s name is Shaheb Ali alias Shiraj Uddin?

Witness: No idea.

Defence: Do you know Danesh Ali Molla s/o Naimuddin Molla who is a Chairman of Parerhat Union Parishad?

Witness: Yes I do know him. He was my teacher. He is an ex-chairman and he was elected for once.

Defence: Do you know Atahar Ali Hawlader s/o Ainuddin Hawlader?

Witness: I do not know him.

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

Witness: No idea.

Defence: What about Asrab Ali? Do you know him?

Tajul Islam raised an objection in this time on the allegation that the prosecutors were giving signal by nodding their head and helping the Witness in answering the questions on their way. The request the humble Tribunal to ask the Witness to answer the question looking at the judges. Mr Justice Nassim asked the prosecutors not to repeat this again as otherwise they will require the specific prosecutor to leave the court room.

Defence: Do you know Abdul Mannan of village Badura?

Witness: No.

Defence: Do you know Ayub Ali of village Baruikhali?

Witness: No.

Defence: Do you know Ruhul Amin s/o Anwar Hossian of Parerhat?

Witness: I cannot answer this without knowing the surname of said Ruhul Amin. I know a Ruhul Amin who was a Rajakar.

Defence: Do you know Abdul Munshi s/o Momin Al Munshi of village Baroikhali?

Witness: No.

Defence: Do you know Mobin Uddin s/o Abdul Goni of village Gazipur?

Witness: Yes, I know him. He was a Rajakar.

Defence: Do you know Sekendar Ali Shikder s/o late Mansur Ali Shikder of village?

Witness: Yes. He is my brother-in-law (paternal cousin’s husband). He was president of peace committee of our area in 1971.

Defence: And Danesh Ali Molla was the Secretary of that peace committee, right?

Witness: Yes.

Defence: Do you know Shamsur Rahman who was the Assistant Sub-Inspector (ASI) of Pirojpur police station in 1971?

Witness: No.

Defence: Do you know Moslem Maulana s/o Modasser Ali of village Badura?

Witness: Yes. He was also a member of peace committee of our area.

Defence: Is that true he is now involved with the politics of Bangladesh Awami League?

Witness: It is not true.

Defence: Now I am saying that he is the president of Awami Olama League, what do you say?

Witness: Not true.

Defence: I have mentioned 12 peoples name so far. Apart from the president, secretary, member of the said peace committee mentioned earlier and the then ASI of Pirojpur P.S., other 8 people I named were rajakars, is that true?

Witness: I do not know.

Defence: Do you know Abdur Razzak, Delwar Hossain, Taher Ali Hawlader, Abdus Sattar Hawlader, Setara Begum, Rani Begum Azhar Ali Hawader, Md. Ali and Mokbul Shikder of village Baroikhali?

Witness: I do not know anyone’s name from the Baroikhali village. However, I might know some of them by face.

Defence: From 7 March 1971 until Pakistani Army came to Pirojpur, Pirojpur sub-division was under control of the people who supported the liberation war, is that true?

Witness: It is not true.

Defence: The current Jiban Nagar upazilla was under Pirojpur sub-division then, right?

Witness: Yes.

Defence: Do you know when and where the first peace committee was formed in the East Pakistan?

Witness: I do not know.

Defence: Do you know who were the president and secretary of that committee?

Witness: I do not know.

Defence: Do you know when and where the rajakar force was first formed in the East Pakistan?

Witness: I do not know.

Defence: Do you know who were the president and secretary of that rajakar force?

Witness: I heard that Golam Azam was the president/secretary of that committee.

Defence: Who were the president and secretary of the peace committee of Pirojpur sub-division?

Witness: I cannot say. However, some Afzal Saber was involved in that committee.

Defence: When did the peace committee of Pirojpur sub-division was formed?

Witness: I cannot remember.

Defence: Have you heard about the name of the rajakar commander Manik Khandaker of Pirojpur sub-division?

Witness: I have heard his name.

Defence: He was killed by his paternal cousin liberation force commander Shamu Khandaker, is that true?

Witness: I do not know that.

Defence: Do you know another liberation force commander of Pirojpur sub-division named Amir Ali?

Witness: No. I do not know him.

Defence: Do you know the names of president and secretary of peace committee and commander of rajakar force by police station-wise of the then Pirojpur sub-division?

Witness: No.

Defence: Are you from Shangkar Pasha Union?

Witness: Yes.

Defence: Basically people from Shankar Pasha Union control the business of Parerhat market place?

Witness: Not true. The business of Parerhat market place is controlled by the people of both of the unions.

Defence: Well, most of the businessmen are from Shankar Pasha Union, right?

Witness: Partially true.

Defence: In 1971 you were the inhabitant of which ward of Shankar Pasha Union?

Witness: I cannot remember whether or not there was any ‘ward system’ then. However, subsequently our area fell under ward No. 3 whenever ‘ward system’ been introduced.

Defence: Can please tell us before 1971 Union Parishad elections were held by ward-wise or whole union-wise altogether?

Justice ATM Zahir: I think we should impose restriction on making question because I do not see any relevancy of such a question how the election used held before 1971 with the accusation against Delwar Hossain Sayedee.

Defence: Definitely you can impose restriction on making questions to prosecution witnesses; however, to me it is relevant My Lord.

Justice ATM Zahir: OK. Proceed.

Witness: I do not have any idea how the Union Parishad elections used to hold before 1971.

Defence: Who were the president and secretary of peace committee of Shankar Pasha Union?

Witness: There was no such peace committee in 1971 at our union.

Defence: Who were the commanders of rajakar force of Shankar Pasha Union?

Witness: There was no rajakar force at our union in 1971.

Defence: Do you know the rajakar commander Ekram Khalifa from Shankar Pasha Union?

Witness: Ekram Khalifa was not a rajakar.

Mi: Do you know someone named Ekram Khalifa from village Shankar Pasha of Shankar Pasha Union?

Witness: Yes.

Defence: You have stated in your witness statement that you were the student of Sohorawardi College in 1971. Now my question is what was name of govt. college in Pirojpur then?

Witness: There was no other college in Pirojpur in 1971 apart from the said Sohorawardi College. This college has become the govt. college of Pirojpur afterwards.

Defence: Where did you live in Pirojpur in 1971? How far was the place from your college?

Witness: Near the college. At the southern side. It was approximately 100-150 yards from the college.

Defence: Who was the Principal of the college then?

Witness: I cannot remember the name at this moment.

Defence: Prosecution witness number 2 Ruhul Amin Nabin was a student of your college, right?

Witness: Yes.

Defence: He was senior/junior to you in the college?

Witness: He was senior to me.

Defence: Prosecution witness number one Mahbubul Alam was your junior in the college. Is that true?

Witness: It is not true.

Defence: Prosecution witness number one Mahbubul Alam filed a case against Delwar Hossain Sayedee in Pirojpur Court. Is that true that you were a witness in the said case?

Witness: True.

Defence: You were also a witness in another case against Delwar Hossain Sayedee filed by Manik Pashari, right?

Witness: I cannot remember exactly. However, he called me to become witness for that case.

At this stage, defence counsel Tajul Islam again brought the matter before the Tribunal that prosecutors were giving signals to Witness. Both Justice Nassim and Justice Zahir scolded the prosecutors for that and warned them.

Defence: You were not involved in any politics from 7 March 1971 to 1 May 1971, right?

Witness: True.

Defence: What is your present profession?

Witness: Small business and agriculture.

Defence: Before becoming witness in this case, you have never become witness against Sayedee in any other case, is that true?

Witness: It is not true.

Defence: Have you become witness in the Gono Adalat (people’s court) in 1992?

Witness: No.

Defence: What about Gono Todonto Commission (People’s Investigation Commission)? Did you submit any accusation against Sayedee there?

Justice ATM Zahir: I shall not take the question because there is no evidence that he made such accusation or became witness in such court. Therefore, I am imposing restriction on this question.

Defence: You went to Chief Investigating Officer (CIO) with Prosecution witness number two Ruhul Amin Nabin, right?

Witness: Not true. I went to CIO alone.

Defence: From whom you got the information that CIO is collecting evidence against Sayedee?

Witness: From Manik Pashari.

Defence: When did you get the information that CIO is collecting evidence against Sayedee?

Witness: Most probably on 18/08/2010.

Defence: And when did you been to CIO to give evidence?

Witness: On the same day.

Defence: What was the time then?

Witness: Most probably 11 am or 11:30 am.

Defence: Where did you give the witness statement against Sayedee?

Witness: On the road in front of Manik Pashari’s house.

Defence: How did CIO take it? In written form or as video?

Witness: In written form. However, he has also got his laptop with him.

Defence: Was PW1 Mahbubul Alam Hawlader present there?

Witness: He was not there.

Defence: Was Mostafa Hawlader s/o late Yousuf Hawlader from village Hoglabunia present there?

Witness: Most probably he was there. However, I am not sure about that.

Defence: Name 2/1 persons who were present there as well.

Witness: Freedom fighter Salim, brothers of Manik Pashari, some journalist and a lot of inhabitants of that area.

Defence: How long you stayed there?

Witness: I left the place by 12 pm – 12:30 pm I guess; just after giving my witness statement.

Defence: Who were the other people that the CIO took witness statement from them then?

Witness: From a lot of people.

Defence: Name some of them.

Witness: Manik Pashari, Mostafa, another Manik from Umedpur..I have forgotten the name of others.

Defence: Most of the Hindus of Pirojpur Sadar P.S. left for India at the first instance of Independence War, right?

Witness: Not true.

Defence: In your area, have heard any speaking/making conversation in Arabic since 1971?

Witness: No idea. Neither I can distinguish Arabic from Urdu nor I understand either of the language.

Defence: You have told in your witness statement that you have heard that 22 kgs of gold and silver owned by Makhan Shaha was looted by rajakars which was buried in the soil. They had to dig the soil to loot the same. Do have any idea how long it took to dig the soil?

Witness: I was not present there; therefore, I do not have idea.

Defence: Have you seen that hole afterwards? What do you think how many people they needed to dig the same?

Witness: Yes. I have seen the hole afterwards. However, I do not have any such experience of digging holes. Therefore, I do not have any idea how long it took to dig the same.

Chief Prosecutor Golam Arif Tipu raised an objection on this question as basically the duration of digging a hole depends on how many people are being employed for digging the same. Justice ATM Zahir agreed with him.

Defence: You have also mentioned in your statement that you have seen another 20/25 holes in your area dug by rajakars for purpose of looting those who had buried their gold and money for safety. Do you know how long it took to dig 20/25 holes?

Witness: No idea.

Defence: In the National Election of 2008 you took part in the canvassing of Sayedee's opponent, is that true?

Witness: It is not true.

At this stage there was a change in the defence counsel. Advocate Kofil Uddin came to the dais and continued the examination in chief.

Defence: When did the theft case in respect of stealing banana file against you?

Witness: I cannot remember the date.

Defence: When did you make the appeal at judge court?

Witness: I did not make the appeal. Basically, I was acquitted from the Additional District Magistrate (ADM)'s Court. The plaintiff made the appeal afterwards against the judgement of ADM.

Defence: When did the judge of judge court pronounce the judgement of the appeal?

Witness: I cannot remember the date.

Defence: When did you make the appeal at the High Court Division of the Supreme Court of Bangladesh against the judgement of judge court?

Witness: I cannot remember at this moment.

Defence: You are a Muslim. Can you please tell us what was the date of Eid-ul-Fitr this year?

Witness: I cannot remember the exact date.

Defence: What about Eid-ul Azha? Can you please tell us the date?

Tribunal: It is an irrelevant question. Even we will not be able to remember the exact dates of the two of the most important holy festivals although we are Muslims by faith.

Defence: He is a super natural person My Lord!

Justice Nassim: The prosecution witnesses have come here on the summons issued by this Tribunal. And you do not have any right to insult them. We are under ethical obligation to protect their reputation and honour. I am giving you warning not to try the same further.

Defence: How did I insult the prosecution witness, My Lord?

Justice Nassim: You have done the same by addressing the Witness as a super natural person.

Defence: I am sorry about that.

Defence: Very recently there was a change in the cabinet members. Do you know when did it take place?

Witness: I do not know. I live in a village. Therefore, I do not have any scope to know that.

Defence: Where did you stay in Pirojpur when you were a college student?

Witness: Near the college. At western side.

Defence: Do you know Krishna Nagar near the Pirojpur town?

Witness: I did not know the place in 1971, however, now I know the place.

Defence: How far is Krishna Nagar from your college?

Witness: About 1 km to 1.5 km.

Defence: The court and other offices are situated in the Krishna Nagar area, is that true?

Witness: Yes.

Defence: Do you know Yousuf Ali Mallik or his son Anwar Hossain Mallik, Liyakat Hossain Mallik, Delwar Hossain Mallik of Krishna Nagar area?

Witness: No, I do not. I do not know anyone of that area.

Defence: He was imprisoned for two years for his involvement in rajakar force in 1971, do you know that?

Justice ATM Zahir: It is a redundant question as he has already told that he does not know Yousuf Ali Mallik. Therefore, I am not taking the question.

Defence: Do you know any rajakar named Delwar Hossain Mallik from Pirojpur Sadar?

Witness: I do not know.

Defence: You have told in your statement that Delwar Hossain Shikdar is basically Delwar Hossain Sayedee. Now I am saying that it is not true. What do you say?

Witness: What you are saying is not true.

Defence: Before giving witness statement in this case you have not told to CIO or any other person the name of Delwar Hossain Shikdar.

Witness: This is not true.

Defence: I am further saying that you are trying to impose the criminal liability of Delwar Hossain Mallik and Delwar Hossain Shikdar on Delwar Hossain Sayedee’s name taking advantage the similarity in the names listening to those who are guiding/directing you in this behalf.

Witness: This is not true.

Defence: How many siblings do you have?

Witness: 7 brothers and 2 sisters.

Defence: Among your brothers has anybody already died?

Witness: Yes. 4 of them died.

Defence: What are and were the profession and education of your brothers?

Justice ATM Zahir: You cannot ask any question about deceased persons. So Witness can only answer about his surviving brothers.

Witness: All of them are farmers by profession and none of them had not pass Secondary School Certificate Examination.

Defence: Did anybody of your family take part in any local elections?

Witness: No.

Defence: Pirojpur Sadar and Zia Nagar area are under the same constituency for the purpose of national election, right?

Witness: True.

Defence: In your area who are the majority - people on supporting the Independence War or the people against the Independence War?

Witness: People supporting the Independence War for sure.

Defence: The number of rajakar/albadar/people against the Independence War are very poor, arn’t they?

Witness: True.

Defence: In 1996 and 2001, Delwar Hosssain Sayedee was elected the Member of the Parliament (MP) getting vast majority over others. Is that true?

Witness: It is true.

Defence: In 2008, in the national parliamentary election he was not elected as MP losing only by a small number. Is that true?

Witness: I do not have any idea whether the difference was more or less.

Defence: He became MP twice. When he became MP, were not the people aware of the fact that he was a rajakar? Did not his opponant put the information in his leaflet that he was a rajakar?

Justice ATM Zahir: I cannot take the question for two reasons- (i) Witness cannot tell about others’ opinion, he can only give his opinion; (ii) it is a violation of Election Rules to attack someone personally to let down his reputation.

Defence: It is a fact that, in that area before Sayedee, every time the person nominated by Awami League became the MPs?

Witness: True.

Defence: Being jealous to Sayedee’s popularity, under the direct control and assistance by your local MP AKMA Awal and leaders of the Central Awami League, you are giving false evidence in this case. Is that true?

Witness: It is not true.

Defence: Cases filed by Prosecution witness number one Mahabubul Alam and Manik Poshari in Pirojpur Judge Court you agreed to become witness. However, you did not go to the court to give evidence finally.

Witness: It is not true.

Defence: You have mentioned four rajakars’ name in your witness statement. Where are they from?

Witness: Danesh Molla used to live in Parerhat. However, he is basically from Baroi Khali. Moslem Maulana is from Badura, Sekender Shikhder is from Hogla Buniya and Delwar Hossain Shikder alias Delwar Hossain Sayedee used to live at his father-in law’s house at Parerhat.

Defence: What were their professions in 1971?

Witness: Danesh Molla was a high school teacher; Sekender Shikhder was from a well being family, therefore, he did not have a profession. He used to preside as a judge in the village courts. Moslem was a Moulana. He did not do anything specifically. I have heard that Sayedee was a Moulovi when he got married and start staying at his father in-law’s place at Parerhat.

Defence: How do you know them?

Defence subsequently withdrew that question because one of the prosecutors has given the answer instead of Witness.

Defence: You have described in your witness statement the incidents happened/occurred 40 years ago. Did you describe the same from your memory or you took notes of that in post-1971 period?

Witness: I have described those incidents from my memory.

Defence: You have stated in your witness statement that in May, 1971, the rajakars of your area took the side of the Pakistani Army and promised to help them every possible way. Was you present at that place?

Witness: No, I was not there.

Defence: You have also stated that rajakars used to hand over women and girls to the Pakistani Army forcefully knowing that they are going to be raped by the Pak Army. Have you ever seen that?

Witness: No, I have just heard about that.

Defence: You have not even heard that. Is that true?

Witness: No, it is not true.

Defence: You have also stated that the rajakars tortured Mofiz, Manik Posari’s servent. Subsequently he escaped from rajakars’ camp. Did you go to see him after he escaped? Did you see where he had got wounds?

Witness: Yes, on the next day he escaped. He had got wounds everywhere in his body.

Defence: Was he bleeding anywhere?

Witness: Yes. I saw blood on his back and thighs.

Defence: When did you see that?

Chief Prosecutor: On the next day.

Defence raised an objection against the Chief Prosecutor for answering the question basically asked to Witness. Justice ATM Zahir accepted this told him off for doing that.

Witness: The next day he escaped.

Defence: Where did you see him?

Witness: At Manik Posari’s house.

Defence: Did you ask him when had he escaped?

Witness: In the early morning.

Defence: Anyone of your family did not take part in the Liberation War. Is that true?

Witness: Yes, it is true.

Defence: You did not suffer any loss. E.g: your house or shop was not looted or burnt, right?

Witness: We had nothing to lose.

The Tribunal was adjourned for an hour.

At 2pm, the defence lawyers were ready, and the justices were seated and cross examination started without any of the prosecution lawyers being present who cam 15 minutes later

Defence: You have said that you or your family do not have any property, right?

Witness: It is not true. We did not have in 1971.

Defence: Do you run any established business? I mean you pay taxes or got trade licence?

Witness: No.

Defence: You are involved with grabbing lands of innocent people of your area?

Witness: It is not true.

Defence: For this there are civil cases and injunctions against you, however, you do not care about that.

Witness: Not true.

Defence: You, along with you brother, grabbed 10 bighas (more than 1 acre) of land in the Chitolia Char (newly raised land from river) forcefully, is that true?

Witness: It is not true.

Defence: Have you signed anywhere in the investigation period of the present case?

Witness: I have signed once before the Chief Investigation Officer in my statement before him.

Defence: When did you come to Dhaka to become prosecution witness for this case?

Witness: 3-4 days ago.

Defence: Did you come to Dhaka before this time?

Yes: Yes.

Defence: When was your latest visit to Dhaka apart from this one?

Witness: I cannot remember the exact date.

Defence: How long did you stay?

Witness: 2 days.

Defence: With whom you have come to Dhaka this time?

Witness: Alone.

Defence: What about last time?

Witness: With the Chief Investigation Officer Salim Khan.

Tribunal members interrupted and said that we are here to try cases of special nature and the Witness Protection Order passed by this tribunal itself requires the Chief Investigation Officer/IO to bring the witnesses to court with them and keep them in a safe house and to provide sufficient police protection while bringing them in the court and taking them back to the safe house.

Defence: Are you aware of the fact some of the prosecution witnesses are present in this court? Can you please point out them?

Witness: Yes. I can see Mahabubul Alam (PW1) is present here. (pointed out him)

Defence: Have you told anything extra apart from whatever you have stated in this Tribunal?

Justice ATM Zahir: It is an absurd question because you can only take into consideration and ask questions about whatever he said/stated already. We cannot allow any question which he has not even said/stated.

Defence: Have you been to Sundarban during the war of 1971?

Witness: Yes, in September 1971.

Defence: How far is Manik Pashari’s house from yours?

Witness: Some 100 - 200 yards.

Defence: Is that true that Halim Talukder’s homestead is situated between your and Manik Pashari’s house?

Witness: Not true.

Defence: Well, Halim Talukder homestead then situated at the southern side of your one?

Witness: True.

Defence: There is pool (culvert/bridge) near Parerhat marketplace, right?

Witness: Absolutely right.

Defence: There is a Kali (Hindu Goddess) Mandir (praying place for Hindus) just next to the pool (culvert/bridge), is that true?

Witness: True.

Defence: The Mandir was situated there long before 1971, right?

Witness: No. It was not there in 1971.

Defence: You have mentioned the house of Gani Hazi in your statement. The house just next to Kali Mandir, right?

Witness: The house is adjacent to the pool (culvert/bridge); not beside the Kali Mandir.

Defence: Now please listen carefully. You have stated in your witness statement (herein after WS) that you went to your own village Parerhat from Pirospur on 1 May 1971. I am saying, you did not tell the same to the Chief Investigation Officer. What do you say?

Witness: I cannot remember whether I have told the same to the Chief Investigation Officer or not.

Defence: You further stated in you WS, “Just after arriving at Parerhat I came to know that the peace committee had been formed headed by Delwar Hosaain Sayedee” – you have not told the same to the Chief Investigation Officer, is that true?

Witness: It is not true.

Defence: You further stated in you WS, “On May 7, 1971 morning I went to Parerhat marketplace and stayed at my close relative Gani Hazi’s place which is adjacent to the Parerhat marketplace. I peeped through a window and saw the rajakar commanders Danesh Molla, Moslem Maulana, Sekender Shikder and Delwar Hossain Shikder alias Delwar Hossain Sayedee were waiting for the Pakistani Army to come” – you have not mentioned the same to the Chief Investigation Officer, is that true?

Witness: It is not true.

Defence: You further stated in you WS, “I came out from the house of Danesh Molla to see what is happening. After while the Pakistani army came and rajakar Delwar Hossain Shikder alias Delwar Hossain Sayedee, raising his hand, was showing them the shops and houses of Hindus and Awami League supporters. The rajakars started looting and the people started running here and there in fear. I came back to Danesh Molla’s house then.” – you have not told the same before the Chief Investigation Officer, is that true?

Witness: It is not true.

Defence: You further stated in you WS, “After about one and half hour or two hours, I came to know that the Pakistani force is approaching to the southern side of the marketplace with an intent to set camp in the Raj Laxmi High School.” – you have not state that before the Chief Investigation Officer, is that true?

Witness: It is not true.

Defence: You further stated in you WS, “Then I went out again and heard that at least 30-35 houses had been looted by rajakars headed by Sayedee.” – you have not mentioned this information to the Chief Investigation Officer, what do you say?

Witness: It is not true.

Defence: In your statement you have stated that you have heard that 22 KGs of gold and silver had been looted from a shop, however, you did not mention the name of the shop owner Makhan Saha, right?

Witness: Not true.

Defence: You further stated in you WS, “Hearing that news, I approached further with intent to see the goods grabbed through looting and I found the same near the Kheya Ghat (boating/ferry dock). I saw that the rajakars were distributing the goods among themselves headed by Delwar Hossain Sayedee.” – you have not mentioned the same before the Chief Investigation Officer, is that true?

Witness: Most probably I have told the Chief Investigation Officer the same.

Defence: You further stated in you WS, “I came to know afterwards and saw after going there physically that grabbing someone’s house near the Kheya Ghat (boat/ferry dock), the rajakars opened a shop which was being owned and controlled by Delwar Hossain Sayedee with intent to sell the goods he owned by looting.” – you have not stated the same to the Chief Investigation Officer, is that true?

Witness: Most probably I have told the same to Chief Investigation Officer.

Defence: You have not even mentioned that you had seen that rajakars took away Ibrahim alias Kutti and Mafiz tiding them with rope while giving statement before the Chief Investigation Officer, right?

Witness: I told the same to the Chief Investigation Officer.

Defence: You further stated in you WS, “...Delwar Hossain Shikder alias Delwar Hossain Sayedee was talking to Pakistani Army secretly and at moment suddenly I heard the sound fire opening and shouting of people. Being scared, I left place instantly. On the next day, I heard that the Pakistani Army killed Ibrahim alias Kutti and threw him in the river and took Mafiz with them.” – you have not told this fact to the Chief Investigation Officer, is that true?

Witness: It is not true. I told him the fact.

Defence: You further stated in you WS, “...In May 1971, I been to Parerhat marketplace with paternal uncle to buy fish. At time saw that destroying Makhan Saha’s house rajakars headed by Delwar Hossain Shikder alias Delwar Hossain Sayedee is stocking the goods he got from that house in a Bajra (big boat). I waited there for few minutes.” – you have not mentioned the same before the Chief Investigation Officer, is that true?

Witness: It is not true.

Defence: You have not even mentioned the fact to the Chief Investigation Officer that rajakars headed by Delwar Hossain Shikder alias Delwar Hossain Sayedee forcefully converted Vanu Shaha’s family including his father and brothers in Muslim and made them bound to say prayer at Mosque – is that true?

Witness: It is not true.

Defence: You have not stated the fact to the Chief Investigation Officer that all the women and girls from Parerhat who were raped and tortured by Pakistani force left Bangladesh for India just after the liberation war– is that true?

Witness: Not true.

Defence: How long the Pakistani Army took to set up camp in the Raj Laxmi School?

Witness: I do not know.

Defence: When did you sat for your Secondary School Certificate (SSC) Examination?

Witness: In 1969. And I passed in 1970.

Defence: So how many times you sat for the SSC Examination?

Witness: For once. The result was published in 1970. (so far I know it was delayed due to the natural disaster e.g. cyclone and flood in 1969-1970)

Defence: You already admitted among your 7 brothers, 4 of you are alive. Now among these 4, how many of them are elder than you?

Witness: 2 of them is elder than me.

Defence: Did Delwar Hossain Shikder alias Delwar Hossain Sayedee’s father-in-law own any property in Parerhat marketplace?

Witness: Yes, he was the owner of a shop. However, he did not own any homestead in/near Parerhat marketplace.

Defence: Ekabbor Biswas s/o Yunus Ali Biswas filed a theft case against you in the Pirospur Sadar P.S. on the allegation that you stole paddy from his field- is that true?

Witness: It is not true.

Defence: You have admitted in the examination in chief and stated in your witness statement that Gani Hazi is your relative. I am saying that he is not your relative- what do you say?

Witness: What you are saying is not true.

Defence: You have admitted in the examination in chief and stated in your witness statement that peace committee was formed and headed by Delwar Hoassin Shikder alias Delwar Hossain Sayedee. I am saying that it is not true- what do you say?

Witness: What you are saying is not true.

Defence: You have admitted in the examination in chief and stated in your witness statement that Delwar Hoassin Shikder alias Delwar Hossain Sayedee was a rajakar commader of Parerhat and on 7 May 1971 he along with other rajakars was waiting for Pakistani Army to come at Parerhat. I am saying that it is not true- what do you say?

Witness: What you are saying is not true.

Defence: You have admitted in the examination in chief and stated in your witness statement that Delwar Hoassin Shikder alias Delwar Hossain Sayedee pointed out the shops and homestead of Hindus and Awami League supports raising his hands. I am saying that it is not true- what do you say?

Witness: What you are saying is not true.

Defence: You have admitted in the examination in chief and stated in your witness statement that you have heard that 30-35 shops and houses had been looted. I am saying that you did not even hear that- what do you say?

Witness: What you are saying is not true. I have heard that.

Defence: You have admitted in the examination in chief and stated in your witness statement that you have heard that 22 KGs gold and silver had been looted from a shop. I am saying that you did not even hear that- what do you say?

Witness: What you are saying is not true.

Defence: You have admitted in the examination in chief and stated in your witness statement that you have seen that the goods of loot and also seen that those goods were being distributed among rajakars headed by Delwar Hossain Shikder alias Delwar Hossain Sayedee. I am saying that you did not even see that- what do you say?

Witness: What you are saying is not true. I saw that.

Defence: You have admitted in the examination in chief and stated in your witness statement that you have heard that the rajakars made camp capturing Fakir Das’s building. I am saying that you did not even hear that- what do you say?

Witness: What you are saying is not true.

Defence: You have admitted in the examination in chief and stated in your witness statement that on 8 May 1971 some 10-15 houses were looted including Manik Pashari’s house. I am saying that it is not true- what do you say?

Witness: What you are saying is not true.

Defence: You have stated in your witness statement that Delwar Hoassin Shikder alias Delwar Hossain Sayedee (i) took away Manik Pashari’s paternal cousin Ibrahim alias Kutti and his servent Mafiz tiding them with rope, (ii) was speaking to Pakistani Army secretly and you heard the sound of fire opening and people’s shouting/screaming. I am saying that these are not true at all- what do you say?

Witness: What you are saying is not true.

Defence: You have stated in your witness statement that as Delwar Hoassin Shikder alias Delwar Hossain Sayedee could speak Urdu and belongs to impressive personality, he maintained all sort of communications. I am saying your this statement is not true- what do you say?

Witness: What you are saying is not true.

Defence: You have stated in your witness statement that Delwar Hoassin Shikder alias Delwar Hossain Sayedee along with other rajakars helped killing, looting, setting fire and supplying women and girls to the Pakistani Army so that they could rape them. I am saying that it is not true- what do you say?

Witness: What you are saying is not true.

Defence: Delwar Hossain Sayedee was not in Parerhat from long before the liberation started to 20 June 1971. Is that true?

Witness: It is not true.

Defence: Your local MP AKMA Awal with the direction from the central Awami League leader asked to become witness against Delwar Hossain Sayedee. In return, they have promised you to get rid of the cases against you saying that it was filed because of political purpose. Is that true?

Witness: It is not true.

The Tribunal was adjourned until Tuesday 27 December 2011.