13 Feb 2011: Twenty fifth witness

At the very beginning of the hearing, defence counsel Tajul Islam had came to the dais and told the judges that the defence was unable to undertake any cross examination as one of their counsels who leads the cross examination was injured when he was on his way to Dhaka when he fell from his seat while the bus was breaking hard. At first Tajul Islam said there were fractures on legs but after that other counsels confirmed that there were no fractures other than a cut. He said that Mizanul Islam was the main person involved in preparation for cross examination and that is the reason why they wanted an adjournment for calling further witness to Delwar Hossain Sayedee. However, no adjournment was given.


Following applications relating to the case of Nizami and and another to the case of Salauddin Quader Chowdhury, the 25th witness to give evidence against Delwar Hossain Sayedee was then called.

The prosecution Saiful Islam took the witness through his evidence-in-chief.

Prosecution: What is your name?

Witness: My name is Mobbarak Hossain.

Prosecution: What do you do?

Witness: I am acting chief librarian of the Bangla Academy.

Prosecution: where were you appointed in 30.03.11?

Witness: I was appointed at the same post and in same office on that date.

Prosecution: In 30.03.11 Mr. Helal went in Bangla Academy library and seized some documents. And then did you sign in seizure list?

Witness: Yes, I signed there.

Prosecution: How many items were there?

Witness: There were 24 items.

Prosecution: Can you tell us please, actually what those items were?

Witness: These were the newspaper of 1970, 1971, and 1972.

Prosecution: If Tribunal orders you to bring these items before the Tribunal, then will you bring it before the Tribunal?

Witness: Yes, I have brought it with me now and if Tribunal order then I can produce it again.

Prosecution: On 28.03.11 Mr. Helal went in Bangla Academy library and seized some documents. And then did you sign in seizure list?

Witness: Yes, I signed there.

Prosecution: How many items were there?

Witness: There were 16 items.

Prosecution: Can you tell us please, actually what those items were?

Witness: These were Headlines of different newspaper in 1970, 1971.

Prosecution: If Tribunal ordered you to bring these items before the Tribunal, then will you bring it before the Tribunal?

Witness: Yes, I have brought it with me now and if Tribunal order then I can produce it again.

Prosecution: In 29.03.11 Mr. Helal went in Bangla Academy library and seized some documents. And then did you sign in seizure list?

Witness: Yes, I signed there.

Prosecution: How many items were there?

Witness: There were 12 items.

Prosecution: Can you tell us please, actually what those items were?

Witness: These were headlines of different newspaper in 1970, 1971.

Prosecution: If Tribunal orders you to bring these items before the Tribunal then will you bring it before the Tribunal?

Witness: Yes, I have brought it with me now and if Tribunal order then I can produce it again.

Prosecution: In 29.03.11 Mr. Helal went in Bangla Academy library and seized some documents. And then did you sign in seizure list?

Witness: Yes, I signed there.

Prosecution: How many items were there?

Witness: There were 12 items.

Prosecution: Can you tell us please, actually what those items were?

Witness: These were headlines of different newspaper in 1970, 1971.

Prosecution: If Tribunal orders you to bring these items before the Tribunal then will you bring it before the Tribunal?

Witness: Yes, I have brought it with me now and if Tribunal order then I can produce it again.

Prosecution: In 03.04.11 Mr. Helal went in Bangla Academy library and seized some documents. And then did you sign in seizure list?

Witness: Yes, I signed there.

Prosecution: How many items were there?

Witness: There were 9 items.

Prosecution: Can you tell us please, actually what those items were?

Witness: These were headlines of different newspaper in 1970, 1971.

Prosecution: If Tribunal orders you to bring these items before the Tribunal then will you bring it before the Tribunal?

Witness: Yes, I have brought it with me now and if Tribunal order then I can produce it again.

Prosecution: In 03.04.11 Mr. Helal went in Bangla Academy library and seized some documents. And then did you sign in seizure list?

(Note: In the above-mentioned date there were 13 seized items and examination in chief was not continued any longer as the serial no. and pages no of the prosecution documents and judges document wwere not the similar. Then prosecution told the tribunal that it was their last question.

Thus examination in chief was completed.

 Cross examination of the witness was then undertaken by Manjur Ahmed Ansari

Defence: Can you tell us, have you any personal knowledge regarding the news published in newspaper?

Witness: No.

Defence: Can you tell us, do any headlines or any seizure list items contain the name of Mawlana Delwar Hossain Saidee ?

Witness: No. His name is not mentioned anywhere.

The cross-examination of prosecution witness no.25 finished.

After this the defence counsel Tajul Islam again came to the dias prayed for the adjournment of Sayedee’s matter till Sunday (19.02.12) as Mizanul Islam was sick but the chairman said that they had many senior lawyers on your team so it should not be a big problem. Mr. Tajul Islam said that he is involved with this case from the very beginning but he has hardly cross examined any witness. The Tribunal then fixed the next date for hearing on 16 February.