16 Feb 2012: 26th witness statement

The 26th witness, Abed Khan went to the witness box and the Prosecutor Haider Ali opened the examination in chief.

Prosecutor: What is your name?

Witness: My name is Abed Khan.

Prosecutor: How old you are?

Witness: I was born on 16th April in 1945. I am about 67 years old.

Prosecutor: What do you do?

Witness: I am a journalist. I have started journalism in November, 1962 when I was a student.

Prosecutor: In 2007 where you were appointed?

Witness: I was editor of the Daily Shomokaal.

Prosecutor: What was the news published in Daily Shomokaal in 10th February 2007.

Witness: That was the time of care taker government in Bengaldesh, the report was ‘God father of Jaamat-e-Islam are out of reach’. Names of four persons was published in that report, they are (1) Delwar Hossain Sayedee.(2) Shahjahan chowdhury (3) Golam Sarwar (4) Abu Taher.

Prosecutor: What is the basis of that report?

Witness: Basically news is sent by different reporters and before publishing this news as a report we compile this news in our office desk.

Prosecutor: What was mentioned in that report regarding Delwar Hossain Sayedee?

Witness: It was mentioned that during the Liberation War he formed a Razakaar Force, tortured people and looted the shops of Narayan Shaha, Bhajon Shaha, at Parer haat bazaar.

Prosecutor: After the publication of that report, did he take any action against you?

Witness: Yes, he filed a defamation suit claiming compensation a sum of ten core taka against 3 people including me.

Prosecutor: Did you appear before the court?

Witness: Yes, that suit was filed in Pirojpur Joint District Judges Court and the case no. was 4/2007. I appeared before the court. Few days later that suit was dismissed.

Prosecution: Where were you in post when the investigation officer came to you for recording your statement?

Witness: I was appointed as founding editor of ‘Kaaler Kantha’.

Witness: My lord, as an active freedom fighter and as an journalist I am very much involved with the history of our country, that is why I seek permission from the Tribunal to submit my Speech before the Tribunal.

Justice Nizamul Huq: You can submit but it should be related to the concerned case.

Prosecution: Yes, my speech is related to the concerned case.

Justice Nizamul Huq: okay, then you may submit.

Defence raised objection and Mr. Mizanul Islam said “My lord, I think matter which is undisputed need not to be submitted before the court”

Justice Zaheer: Historical background of our country need not to be submitted as well as it is already in our notice.

Witness: Emergence of jamaat-i-islam is very much relevant to this case. Mr. Mawlana Mowdudi was the founder of Jamaat-i-islam. In 1947 when Pakistan and India was divided according to the two-nation theory he did not support Pakistan then and declared in his article Pakistan as No-Pakistan. After that Mr. Mowdudi entered into Pakistan and then there started “Kadeani Danga” which was instigated by him, for that reason he was punished for death penalty. Later his sentence was indemnified and from the history it appears that Mr. Mowdudi and whole Jamat-i-islam yielded to the then Pakistan Government. After that they started to work against democracy. As a reference I can say from the autobiography of Mr. Abbas Ali which reflects the philosophy of Mr. Mowdudi. And now it is the philosophy of Jamaat-i-islam. It is proved enough that Mr. Sayedee also in his different religious speech have discussed that philosophy. Basically the main purpose of autocratic government of Pakistan was the destruction of the nationalism of Bangali and Bengali culture. In that case rightist especially Jamaat-i-islam played an important role. For that reason they opposed the Language movement in 1952, 1954’s election led by joktofrant, movement against martial law in 1962, 6 point movement, and movement for self determination. Jamaat-i-islam played a mysterious role when Ayub khan handed over the power due to the 1969 mass-people movement and martial law administrator Yahya khan took over the power. From that time, Golam Azam and his party Jamaat-i-islam worked as an association and they were active in forming Al Badar, Al Shams, Razakaar force. So when Mr. Sayedee used to do any anti-social act, commit looting, act as a spy of West Pakistan then naturally his force was considered as Al Badar, Al Shams and Razakaar force. After the period of Liberation war Sayedee along with other members of Jamaat hide there selves. In 1975 after the assassination of Jatir Janak Bangabandhu Sheikh Majibur Rahman, Jamaat-i-islam came before the society and by establishing Islamic Democratic Party Jamaat started their political activities, at that time Golam Azam came to Bengaldesh by a special arrangement and Jamaat openly started their political activities.

At this point Defence Counsel Mr. Tajul Islam raised objection by saying that “My lord, Tribunal is not a place for a political lecture.”

The witness said, 'My lord, as I was journalist I was going different places during the war. No one was stable that time. Village people was coming to the town and town people was going to the village. One crore people left the country ...'

At this point Justice Zaheer stopped the Witness no.26 and said these are the universal truths of our country so you need not submit it before the court.

Prosecution: Mr. Abed Ali why did you leave the country?

Witness: I was bound to leave the country to escape from genocide, torture. We know 3 million people lost their lives, 4 hundred thousands women were raped, 1 core people left the country and many others became shelter less. And later, in different times Sayedee and other members of Jamaat by their different religious speech and other activities were trying to give validity of those acts.

Justice Zaheer: You have to say what was exactly happening during the Liberation war, not subsequent incident of the war and you should speak accurate and specific involvement of Mr. Sayedee during the Liberation war.

Witness: My lord, my word may be irrelevant but I am saying this on my own motion. And the incident of liberation war which I was explaining before Tribunal was my submission.

Thus examination in chief was completed.