This hearing involved both the evidence-in-chief and the cross examination of the fifth witness Mahtab Uddin Howlader. Following this the sixth witness also gave evidence, and this is dealt with n a separate post.
The prosecutor asking questions to the witness was Haider Ali.
Below is an unofficial translation of first the evidence in chief, and then the cross examination of this witness. (Notes and translation undertaken by Onchita Shadman. Every attempt has been made to ensure accuracy, but there may be some small omissions.)
The prosecutor asking questions to the witness was Haider Ali.
Below is an unofficial translation of first the evidence in chief, and then the cross examination of this witness. (Notes and translation undertaken by Onchita Shadman. Every attempt has been made to ensure accuracy, but there may be some small omissions.)
Prosecutor: Where were you in 1971?The cross-examination was undertaken by the defence lawyer Mizanul Islam.
Witness: I was in my village, Tengrakhali of Parerhat union.
Prosecutor: At that time there were forces for and against liberation.
Witness: yes Peace Committee, Razakars, Al Badar and Al Shams.
Prosecutor: Who had formed the Peace Committee?
Witness: Danesh Ali Molla, Maulana Moslemuddin, Delwar Hossain Shikder (now Sayedee) and Sekander Ali Shikder.
Prosecutor: Who had formed the Razakar forces?
Witness: The same people had led the formation of Razakar forces 2-3 days after the Peace Committee was organised.
Prosecutor: Umedpur village was located around your area?
Witness: yes
Prosecutor: What had happened in that village?
Witness: After March 26, at the command of Peace Committee, Razakar forces had looted Hindu localities and houses of pro-liberation people and Awami League members. They committed arson, raped women and handed women over to the Pakistani army for rape.
On June 2, 1971, at around 10-10:30 am, I was going to Parerhat from the direction of Umedpur village when I saw Peace Committee’s Sekander Shikder, Danesh Ali Molla, Delwar Hossain Shikder (now Sayedee) and Moslem Maulana entering Umedpur’s Hindu locality. They were accompanied by armed Razakars and Pakistani soldiers. I hid myself in the jungle on left side of the Hindu neighbourhood and saw that these Razakars and Peace Committee members were plundering houses of Anil Mandal, Nalita Bali, Harendranath Chakrabarti, Muken Chakrabarti, Satish Bala, Chittaranjan Talukder and Robi Talukder. They divided the loot amongst them and set 20-22 houses on fire. They had strapped Bisha Bali to a coconut tree and beaten him. When Sayedee said something in Urdu, a Razakar shot Bisha Bali. Frightened, I went to my house using a different route. When I reached home, I heard that those Razakars had plundered freedom fighter Mahbubul Alam’s house and robbed cash and gold.
I went to Parerhat in the middle of June and saw that Delwar Hossain Sayedee had made Tayab Ali dismantle Madan Saha’s room. Sayedee took it to his in-law’s, who lived east of the canal.
This is my statement. I know Delwar Hossain Sayedee. He is in the dock.
Defence: You knew the Razakars from your area?Manzur Ahmed Ansari took over as defence lawyer
Witness: I know many of them
Defence: Do you know when this Razakar force was formed initially and in which district?
Witness: no
Defence: Do you know when and where this Razakar force was formed officially in East Pakistan?
Witness: no
Defence: The place you live in is within Barisal district.
Witness: yes
Defence: You don’t know when district based Razakar force was organised in Barisal district.
Witness: no (true)
Defence: You don’t know when subdivisional Razakar force was organised in Pirojpur district.
Witness: no
Defence: Your house isn’t in Char Tengrakhali.
Witness: No, it’s in Tengrakhali.
Defence: When was Razakar force formed in Tengrakhali?
Witness: There wasn’t any.
Defence: Was there any Razakar from your village
Witness: yes, one
Defence: Can you name a Razakar from Barisal?
Witness: no
Defence: Can you name the Razakar commander of Pirojpur Mahkuma?
Witness: no
Defence: When was the first Peace Committee formed in East Pakistan?
Witness: I don’t know
Defence: You wouldn’t know where this was formed?
Witness: no
Defence: You wouldn’t know who was the head of the central Peace Committee?
Witness: no
Defence: You wouldn’t know when and where Peace Committee was formed in Barisal district.
Witness: no
Defence: You can’t name the chairperson of this Committee?
Witness: no
Defence: You can’t name any significant member of Peace Committee of Barisal district.
Witness: no
Defence: Have you heard of A K Faizul Haque of Barisal Peace Committee?
Witness: yes
Defence: Do you know about his position and role during the liberation war?
Witness: no
Defence: When and where was Peace Committee of Pirojpur Mahkuma organised?
Witness: I don’t know
Defence: Can you name the chairman and secretary of this Peace Committee?
Witness: no
Defence: Parerhat was a union at that time
Witness: yes, it still is.
Defence: Is your village, Tengrakhali within Parerhat Union?
Witness: yes
Defence: How many wards did Parerhat union consist of?
Witness: In 1971, it was made up of nine wards.
Defence: In which was your house located?
Witness: I don’t know.
Defence: Who was the ward member?
Witness: Hasan Ali Howlader
Defence: Who was the chairman in 1971?
Witness: Amzad Hossain Gazi was the chairman of Parerhat Union. After 25 March, he had joined in the liberation war and Danesh Ali Molla took charge.
Defence: In between commencement of the liberation war and arrival of the Pakistani army, Parerhat region was under the control of pro-liberation forces. On 4 May, 1971 Pakistani army arrived in Pirojpur.
Witness: on 3 May, 1971.
Defence: They came to Parerhat on 8th May.
Witness: no on 7th May.
Defence: After their arrival on 7th May, Pakistani forces had set their camp first of all.
Witness: No they had looted different houses and then camped at Rajlaxmi School.
Defence: Do you know Shah Alam Hossain, son of Late Tofeluddin of Tengrakhali village?
Witness: I knew him before he passed away.
Defence: He had complained to your father that you and few of your brothers had stolen his bed.
Witness: not true
Justice Zaheer: If you have the documentary evidence, then only mention it.
Defence: It’s not that we have to show documents for each count.
Justice Zaheer: The prosecution may follow your foot.
Justice Nizamul Haque: This question will not go.
Defence: My lord we may have some documents which we’ll submit or we couldn’t submit. Even though court will decide which materials are to be presented when, we have the right to draw witness’s attention to materials he is aware of.
Justice Zaheer: In case of PW1, we have allowed that because he had a dowry case. But this is just an informal complaint. We have objections to allegations made without any documentary evidence.
Defence: The community had surrounded your house with the help of police and restore the bed.
Witness: not true.
Justice Zaheer: Now that you’ve mentioned the police, this is ok with us.
Defence: Until its ownership was resolved, the stolen item was kept in charge of witness no. 1 of this case, Mahbubul Alam Howlader (recorded with objection from the prosecution)
Witness: not true
Golam Arif Tipu (Chief Prosecutor): Mahbubul Alam had left and wasn’t asked regarding this matter.
Defence: Later it was returned to Shah Alam Hossain
Witness: not true
Defence: Your father has four wives.
Witness: yes
Defence: You have married twice
Witness: yes
Defence: In your union, you are the general secretary of Awami League
Witness: yes
Defence: Your son (Abu Bakar Siddique Lablu) is the president of Chatra League’s Zianagar district unit.
Witness: Yes
Defence: The SSC exam of 1970-71 sessions was held after the liberation in 1972.
Witness: I don’t know
Defence: Which school did you attend?
Witness: Parerhat Rajlaxmi Secondary School.
Defence: Balipara Secondary School is 12-13 miles south of your house.
Witness: yes
Defence: You were a regular student of that school.
Witness: no
Defence: Even though you were not a student of that school, you had registered for SSC exam of 1974-75 under Jessore Board as a regular student of class nine of that school.
Witness: Yes
Defence: Admit card for 1976’s SSC exam was issued in your name.
Witness: Yes
Defence: In that registration form your birthday was given as 6 June, 1959.
Witness: I don’t know what the headmaster had written there.
Defence: I am suggesting that it’s student’s responsibility to fill out their registration forms.
Witness: The clerk had dealt with registration which I signed. I didn’t fill it up.
Defence: Later on (very recently) birth registration card was issued in every union.
Witness: yes. But I’d like to add that I couldn’t pass the exam in 1976. So I registered again in 1979 and passed the exam. I had to hide my real age.
Defence: Did you rectify your correct age in the birth registration card?
Witness: no
Defence: You had registered this card on 28/1/2008 where your birthday is given as 15/9/1963.
Witness: I can’t remember.
Defence: Do you know what had happened to Bisha Bali’s corpse?
Witness: no
Defence: You didn’t try to find out in the last 40 years?
Witness: no.
Defence: You didn’t try to find out the name of the Razakar who had shot him?
Witness: no
Defence: Do you know Niranjan Bali and Pabitra Bali?
Witness: no
Defence: Did you give a witness statement anywhere previously?
Witness: yes
Defence: Where and when?
Witness: In 2008, at Pirojpur Divisional Magistrate’s court.
Defence: Do you remember the date or the month?
Witness: no
Defence: Was Mahbubul Alam with you at that time?
Witness: He was there in the court.
Defence: Who else were there to give testimony?
Witness: Altaf, Abdul Latif and Mahbubul Alam.
Defence: Mahbubul Alam was the applicant of that case.
Witness: yes
Defence: Before that instance in 2008, you haven’t given any statement or speech against Maulana Delwar Hossain Sayedee at any other place.
Witness: no
Defence: In between the statement made in 2008 and that made today, you haven’t testified against Maulana Delwar Hossain Sayedee elsewhere.
Witness: I have testified to the IO of this case on 19/8/2011 at Parerhat Rajlaxmi School.
Defence: at what time?
Witness: around 12-1 pm.
Defence: Who else was there?
Witness: I was there by myself
Defence: Who had asked you to go there?
Witness: Mahbubul Alam, the applicant.
Defence: He accompanied you to the school?
Witness: no, I went alone
Defence: Did anyone else accompany you?
Witness: no
Defence: Who did you see present over there?
Witness: Witnesses Altaf, Latif, Ruhul Amin Nabeen, Abdul Hanif Babu.
Defence: Their testimonies were not taken in your presence.
Witness: no
Defence: You have no idea when those had been taken.
Witness: On the same day, after me.
Defence: Did you sign the statement you’d given?
Witness: no
Defence: The testimony was video recorded on that day.
Witness: yes
Defence: Where in Rajlaxmi school was this testimony recorded?
Witness: In headmaster’s (principal) room.
Defence: Was school off on that day?
Witness: yes
Defence: You’ve mentioned Delwar Hossain Shikder (now Sayedee). I’m suggesting his name was Delwar Hossain Sayedee.
Witness: not in 1971
Defence: His name has always been Delwar Hossain Sayedee.
Witness: not true.
Defence: You haven’t mentioned the term, ‘now Sayedee’ before today.
Witness: not true.
Defence: What was the costume of the Razakars who had gone to Bisha Bali’s place
Witness: of Khaki colour
Defence: Did they wear trousers?
Witness: yes
Defence: How long have you known Delwar Hossain Sayedee?
Witness: from 1970.
Defence: How did you get to know him?
Witness: He used to sell oil, salt, chillies in Parerhat bazaar.
Defence: Danesh Ali Molla was the chairman around June 2?
Witness: yes
Defence: He was also a teacher of the high school?
Witness: Once elected as a member, he’d given up his job in 1970.
Defence: What did Danesh Ali Molla do?
Witness: He worked as a chairman.
Defence: What did Sekander Shikder do?
Witness: He used to look after his property and roam around in Parerhat Bazaar.
Defence: He had rented out his shop in Parerhat Bazaar.
Witness: yes
Defence: Although he didn’t own much land, Sekander Shikder was an influential person.
Witness: He was a respectable man.
Defence: What did Moslem Maulana do at that time?
Witness: He looked after his property and lived in Bipod Saha’s house in Parerhat.
Defence: He’d married Bipod Saha’s daughter Bhanu Saha.
Witness: I didn’t hear of their marriage, but he lived with her.
Defence: In the beginning of the liberation war, when news of the Pakistani army’s advancement had spread out, many Hindus had left the area for India
Witness: yes
Defence: Moslem Maulana is still alive.
Witness: yes
Defence: He is the president of Pirojpur Awami Olama League.
Witness: no
Defence: At present, he is involved with Awami League’s politics
Witness: not true.
Defence: You were in your area until 2 June, 1971.
Witness: yes
Defence: After 2 June until independence, you were in India.
Witness: no I was in my area.
Defence: On 8 December, 1971 Pirojpur including the current Zianagar sub-district became free from enemies.
Witness: yes
Defence: Who had freed Pirojpur Sadar thana (main police station)?
Witness: Major Ziauddin.
Defence: He’d come to Parerhat from Sundarban and then went to Pirojpur Sadar thana.
Witness: not true.
Defence: At what time on 8th December, did he go to Pirojpur Sadar thana?
Witness: I don’t know
Defence: Who had freed Parerhat area?
Witness: Ruhul Amin Nabeen.
Defence: When did he reach Parerhat’s (ferry) port?
Witness: around 12-1pm.
Defence: When did you hear of them coming?
Witness: It was market day and I was at the Bazaar.
Defence: Did you meet Nabin?
Witness: yes
Defence: What did they do on reaching Parerhat?
Witness: They seized few Razakars and Peace Committee members.
Defence: Can you name some of those captives?
Witness: Mobin, Atahar Ali Member, Abdul Bari Mintu, Habibur Rahman Mridha, Sobahan.
Defence: Give us the figure. Is that all or more people were captured?
Witness: More, but I don’t remember everyone’s names.
Defence: At that time some Razakars were killed due to public violence.
Witness: No, at the command of freedom fighters.
Defence: When did the freedom fighters camp in Fakir Das’s building?
Witness: On 9th.
Defence: Who was in charge of that camp?
Witness: Ruhul Amin Nabeen.
Defence: Do you know freedom fighter commander Khasrul Alam?
Witness: no
Defence: You have never heard this name.
Witness: I’ve heard his name but don’t know him.
Defence: Have you heard of him as a freedom fighter?
Witness: yes
Defence: Ruhul Amin Nabeen was chief of the freedom-fighter’s camp as long as it was there in Fakir Das’s building.
Witness: yes
Defence: At that time, from December 8 until the camp was dissolves, Ruhul Amin Nabeen was in charge of the entire area?
Witness: Yes, of Parerhat area
Defence: After the liberation of Parerhat, when did you first see Major Ziauddin?
Witness: 2-3 days after the liberation.
Defence: At that time no member of Peace Committee, Razakar, Al Badar and Al Shams was killed in that area
Witness: no
Defence: From around Parerhat no member of the Peace Committee, Razakar, Al Badar and Al Shams were captured and sent to the Sundarban to be killed by the killing squad.
Witness: no
Defence: Have you heard of freedom fighter commander Shahjahan Omar?
Witness: yes
Defence: Did he come to Pirojpur after it was liberated?
Witness: I don’t know
Defence: Have you heard of the infamous Razakar of Pirojpur, Manik Khandakar?
Witness: yes
Defence: Is he alive?
Witness: no
Defence: Do you know when he died?
Witness: He was killed by the freedom fighters in 1971, a few days after independence.
Defence: Do you know how many Razakars from Pirojpur Thana (police station area) were killed after independence?
Witness: no
Defence: Did you know or hear of Razakar Delwar Hossain?
Witness: no
Defence: I suggest that you are denying the fact of Delwar Hossain’s arrest by the freedom fighters.
Witness: not true.
Defence: West to Bisha Bali’s is Nazem Howlader’s house?Hearing was adjourned for lunch.
Witness: half km (0.5) away.
Defence: West to Nazem Howlader’s is the house of PW1 Mahbubul Alam Howlader.
Witness: yes
Defence: What’s the distance between the two houses?
Witness: 1 ¼ km
Defence: Do you know Mahbubul Alam Howlader’s brother Baten Howlader.
Witness: yes
Defence: South of Bisha Bali’s place is the road running from east to west.
Witness: yes
Defence: South of that road is house of Abdul Alam Howlader
Witness: yes
Defence: Late Hasan Howlader’s house is south of Aziz Talukder’s house.
Witness: yes
Defence: His son Shah Alam Howlader is the chairman at present.
Witness: yes
Defence: Shah Alam Howlader has a brother named Abdus Salam Howlader.
Witness: yes
Defence: At north-east corner of Bisha Bali’s house is Fakir Bari (house).
Witness: it’s not there any more.
Defence: Where is their (Fakir family’s) house now?
Witness: in Tengrakhali village.
Defence: How far is the Hindu locality from Fakir Bari?
Witness: 1km south-west across the field.
Defence: How far is Fakir Bari from Mahbubul Alam Howlader’s house?
Witness: half of a km towards north.
Defence: In which direction is your house from Mahbubul Alam Howlader’s?
Witness: 1km straight to the west.
Defence: East to your house is Parerhat Bazaar?
Witness: yes
Defence: Do you know the relationship between Chittaranjan Talukder and Satish Bala?
Witness: I don’t know.
Defence: Do you know the relationship between Anil Howlader and Harendranath Chakrabarti?
Witness: They were neighbours; that’s all I know
Defence: Do you know of relationship between Nalita Bali and Muken Chakrabarti?
Witness: no
Defence: There are six brothers including you in your family. All of them are alive.
Witness: Out of our eight brothers, six are now alive
Defence: Who is the eldest of the six?
Witness: I am.
Defence: What’s the age difference between you and your immediate younger brother?
Witness: Mohsin Howlader is eight years younger than me.
Defence: Was your father alive in 1971?
Witness: He is still alive.
Defence: Can you name the owners of the 20-22 houses that you had mentioned were burnt?
Witness: I can name most of them, but not all.
Defence: You didn’t tell the IO that Allama Delwar Hossain Sayedee with Danesh Ali Molla, Maulana Moslemuddin, Sekander Ali Shikder and others had organised Peace Committee in the end of April, and that the Razakar forces was formed 2-3 days later.
Witness: I can’t remember
Defence: Have you mentioned the above lines in your statement given to the Magistrate?
Witness: I don’t know
Defence: You didn’t tell the Magistrate that, “In the morning of June 2, 1971, I was going to Parerhat”.
Witness: I did.
Defence: You didn’t tell the IO that, “houses of Anil Mandal, Nalita Bali, Harendranath Chakrabarti, Muken Chakrabarti, Satish Bala, Chittaranjan Talukder and Robi Talukder had been burnt, plundered.”.
Witness: I can’t remember.
Defence: You didn’t tell the Magistrate that, “On June 2, 1971, at around 10-10:30 am, Peace Committee’s Sekander Shikder, Danesh Ali Molla, Delwar Hossain Shikder (now Sayedee) and Moslem Maulana were entering Umedpur’s Hindu locality, accompanied by armed Razakars and Pakistani soldiers.
Witness: I can’t remember.
Defence: You didn’t tell the Magistrate that these people had plundered and divided the loot amongst them.
Witness: I can’t remember
Defence: You didn’t tell the Magistrate that you had seen Bisha Bali being shot.
Witness: not true.
Defence: You didn’t mention of loot at Mahbubul Alam’s house in your statement given to the Magistrate.
Witness: I can’t remember
Defence: In your statement to the IO you haven’t mentioned that, Madan Saha’s house (/room) had been dismantled and taken to Sayedee’s in-laws.
Witness: I can’t remember
Defence: What’s the name of Tayab Ali mistiri’s (carpenter) uncle?
Witness: Ishak Ali Howlader.
Defence: Their village?
Witness: Togra.
Defence: Whose is the jungle where you’d hidden yourself?
Witness: Jonab Ali Sheikh’s
Defence: The jungle isn’t there anymore.
Witness: Shah Alam Chairman’s holiday home exists in that place now.
Defence: Is Shah Alam Chairman’s house adjacent to it?
Witness: no, Aziz Talukder’s house is in the middle.
Defence: Is this Shah Alam Chairman’s ancestral property or his own?
Witness: He bought it.
Defence: You went to Parerhat Bazaar regularly in 1971.
Witness: Yes since I went to school.
Defence: No one had stopped you from filing a case against after 1971.
Witness: no. I haven’t filed a case till now
Defence: You haven’t brought any accusation against Sayedee.
Witness:
Defence: You pay income tax
Witness: no
Defence: You have lied about Peace Committee being formed at Sayedee’s direction, and Razakar forces being organised 2-3 days after that.
Witness: not true.
Defence: You have lied about seeing Peace Committee’s Sekander Shikder, Danesh Ali Molla, Delwar Hossain Shikder (now Sayedee) and Moslem Maulana entering Umedpur’s Hindu locality, on June 2 1971, at around 10-10:30 am accompanied by armed Razakars and Pakistani soldiers
Witness: not true
Defence: You have lied about Bisha Bali being strapped to a coconut tree and shot after Sayedee said something in Urdu.
Witness: not true.
Defence: You have lied that you had seen Sayedee walking on the road on the west; being frightened, you went to your house using a different route. When you reached home, you heard that those Razakars had plundered freedom fighter Mahbubul Alam’s house.
Witness: not true
Defence: You have lied that you went to Parerhat in the middle of June and saw that Delwar Hossain Sayedee had made Tayab Ali dismantle Madan Saha’s room and taken it to his in-law’s place.
Witness: not true
Defence: Bisha Bali had died in a different way at a different place
Witness: no he was killed in his house.
Defence: Until mid-July (of 1971) Allama Delwar Hossain Sayedee was not in Parerhat area.
Witness: not true
Defence: At that time, you were a student of either year five or year six. You have made up the statement that you went to Parerhat Bazaar regularly and observed the event of 2 June.
Witness: I was a student of year ten back then.
Defence: You don’t have any specific job. Since you are an Awami League leader, at local MP Auwal’s direction you’ve stayed in Dhaka under government supervision, enjoyed all government facilities and took training to file a false case against Sayedee.
Witness: It’s an utter lie.
Nizamul Haque: Witnesses have been kept under government supervision to provide them with security. Are you referring to that?
Mizanul Islam: The court had passed order to give protection, not to train them.
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