16 Feb 2012: Abed cross exam day 1

After Professor Abed gave his evidence in chief, the first day of his cross examination took place undertaken by the defence counsel Mr. Mizanul Islam.

Defence: Do you know Mr Mawlana Abdur Rahim who was the founder of the East Pakistan?

Witness: Yes, I know.

Defence: Is renowned journalist Mr. Akram Kha, your relative?

Witness: Yes.

Defence: Daily Azad and its editor was the supporter of Language movement? Was not it?

Witness: No, Daily Azad was not the full supporter of Language movement.

Defence: But the editor of that newspaper Mr. Abul Kalam Shamsuddin was the supporter of Language movement. Was not he?

Witness: Yes.

Defence: At that time office of Daily Shongram was burnt by agitated people as it opposed the Language movement in 1952 and the owner of the Daily Shongram was the then chief minister Nurul Amin and most probably the editor was Khairul Kabir.Is that true?

Witness: Yes.

Defence: Did Jamaat take part in the election led by Joktafrant in 1954.

Witness: So far I know Jamaat did not participate.

Defence: Mr.Mowdudi was sentenced death penalty because of his involvement at ‘Kadeani Danga’ and Mr Hossain Shahid Sohrowardi was his appointed lawyer at the highest court. Do you know that?

Witness: Yes, Mr. Mowdudi was punished for instigating at ‘Kadeani Danga’ but whether his lawyer was Hossain Shahid Sohrowardi or not, I do not know.

Defence: Can you tell us, which type of instigation was given by him?

Witness: Yes, he wrote a book claiming a declaration to recognise Kadyani as non-muslim.

Defence: Was this book banned by the Pakistan Government?

Witness: I do not know.

Defence: For assassination of Kadyani, was any other person sentenced death?

Witness: I do not know.

Defence: The last election held during the regime of Ayub Khan (Fundamental Democratic Government), Fatema Jinnah contested against Ayub Khan from the banner of combined opposite party. Do you know that?

Witness: I do not know it.

Defence: Awami-league and Jamaat-i-islam was the party of combined opposition party. Do you know it?

Witness: So far I know Awami-league was the party of combined opposition party but whether the Jamaat-i-islam was the party or not, I do not know.

Defence: Khane Shabur was the leader of ruling party of national assembly.

Witness: Yes.

Defence: Who was the leader of opposition party?

Witness: Mr. Mashiur Rahman .

Defence: The then speaker of national assembly was Fazlul Kader Choudhury and after that Abdul Zabber khan was the speaker for few days.

Witness: Yes.

Defence: Abdul Zabber Khan was the father of Rashed Khan Menon. Do you know that?

Witness: Yes.

Defence: At that time Asdusjjaman Khan was the leader for opposition of provincial assembly.

Witness: No, Advocate Afseruddin was the opposition leader of provincial assembly.

Defence: At that time Mr. Mawlana Abdus Subhan was the deputy leader for opposition of provincial assembly. Is it true?

Witness: No, it is not.

Defence: Was there any report published during 1966-1969 regarding the ‘Let Ayub Khan rule the country’?

Witness: During 1966-1969 Ittefaq newspaper was not published and whether any other newspaper published that type of report or not, I do not know.

Defence: In 1905 the then British Government divided the East Bengal from West Bengal (Bangabhanga) based on the idea of divided and rules.

Witness: Yes.

Defence: They made an excuse that they wanted to divide the two part of the Bengal for making improvement of the East Bengal. Is that true?

Witness: Yes.

Defence: Was Dhaka the then capital East Bengal?

Witness: Yes.

Defence: Indian National Congress initiated their movement against the decision of ‘Bangabhanga’ (separation of Bengal). Is that true?

Witness: Yes

Defence: Rabindranath Thakur also opposed the Bangabhanga by writing a song. Do you know that?

Witness: Yes he oppposed but whether he wrote a song or not, I do not know.

Defence: In 1940 Lahore Resolution was proposed to make more than one Muslim state by the minority of Muslim. Is that true?

Witness: Yes.

Defence: In 1946 by an amendment the word ‘more than one state’ was replaced by the word only ‘one state’. Is that true?

Witness: [answer not clear]

Defence: Muslim-League was led by Hossain Shahid Shorwardi, Abul Hashim and Mawlana Mohammad Akram Khan. Is that true?

Witness: Yes.

Defence: Jatir Janak Bangabnadhu Sheikh Majibur Rahman was also one of the activists of Muslim league. Is that true?

Witness: Yes.

Defence: In 1946 Shere Bengal A.K Fazlul Huq left Muslim League because the provision of making ‘more than one Muslim states’ by Lahore Resolution was amended by the word ‘one state’. Is that true?

Witness: I want to explain something that basically Mr. A.K Fazlul Huq was the activist of Krishok-Proja Party. Subsequently he became a member of the Muslim league for a very short time. Then he left Muslim League and joined again to the Krishak-Proja party. Only for the amendment of Lahore resolution he did not leave the Party.

Defence: In 1940 when Lahore resolution was passed Shere Bengal A.K Fazlul Huq was general secretary All-Indian Muslim League.

Witness: I am not sure.

Defence: Shere Bengal A.K Fazlul Huq resigned the Muslim League and then Abul Hashim became the General Secretary of All-Indian Muslim League. Is that true?

Witness: I am not sure.

Defence: Abul hashim was the father of renowned columnist Badruddin Omar. Do you know that?

Witness: Yes.

Then court adjourned till 2pm.

Before the cross examination finished, Justice AKM Zaheer asked the defence to please finish it by today. Mizanul Islam responded by saying that the 'witness has said a lot of things. That is why it will take time. '

The tribunal chairman said, 'We shall continue until 4 pm; try to finish by that time.'

Defence: The Indian National Congress (a party; widely known as ‘Congress’) was against creation of new state Pakistan, right?

Witness: It is not 100% true. A part of the party supported the cause as well.

Defence: RSS (Rashtriya Shayangshebak Shongha) also took part in the movement supporting the Congress, is that true?

Witness: I cannot answer this question.

Defence: The then Communist Party of India was also against the division of India (creation of Pakistan), right?

Witness: True.

Defence: After the division of India, the leaders and MPs of Congress in Pakistan part formed a new party named ‘Nikhil Pakistan Congress’, is that true?

Witness: Yes.

Defence: In the same way the communists formed a new communist party in East Pakistan, right?

Witness: Yes, however, I need to explain the background. (He asked permission of the Tribunal and duly permitted to explain that) After the emergence of Pakistan in 1947, a popular saying was originated by communists- ‘Ye aazadi jutha hai, lakho insaan vukha hai’ (This independence is unfruitful because thousands people are starving). The ruling government did not like that. A lot of communists were arrested and tortured. Some of them died in the jail custody and some of them left the country. Thus to fill up the political vacuum, the Communist Party was formed in East Pakistan.

Defence: Shyam Proshad Mukhopoddhai and Ballabh Bhai Patel were involved in Congress’s and RSS’s politics at the same time, is that true?

Witness: It is not true. One cannot be involved with two parties at the same time. Basically the left the Congress and formed RSS.

Defence: In 1971, during the Independence of Bangaldesh, Indian National Congress was the ruling power in India, right?

Witness: True.

Defence: After the emergence of Pakistan, Muslim failed to fulfil the hope and desire of the people of East Pakistan and thus the Awami Muslim League was formed, is that true?

Witness: Yes, on 23rd June 1949.

Defence: Later on, the word ‘Muslim’ was omitted from the name of the party (Awami Muslim League) and Pakistan Congress (Nikhil Pakistan Congress) was incorporated with Awami League, is that true?

Witness: The fact is not exactly like that. Some of the leaders and supporters personally joined Awami League and that does not mean that the party was abolished then.

Defence: Well, all the Congress MPs of ‘Bangiyo Gono Porishad’ (provincial assembly for East Pakistan) joined Awami League, is that true?

Witness: True.

Defence: And afterwards (after 1954) Congress did not take part in any election as a party, right?

Witness: True but explanation required for that. No election held then until 1970 due to Martial Law in Pakistan. And it is true that Congress did not take part in the 1970’s election in the capacity of a party.

Defence: Principle of ‘Secularism’ was included in the Indian Constitution in 1970’s, right?

Witness: Yes, end of 1970’s; most probably in 1976.

Defence: 1975, by an amendment in the (Bangladeshi) constitution, ‘democracy’ was changed to ‘one-party system’, is that true.

Witness: No. BAKSHAL was formed by that amendment. There were some other parties who did not join BAKSHAL.

Defence: (being surprised) Can you please name some those parties?

Witness: Yes, Jashod (National Socialist Party), Communist Party, NAP etc. There were some other parties as well, however, I cannot remember the name right now.

Defence: After the formation of BAKSHAL, one cannot participate in the national election without being member of BAKSHAL, right?

Witness: Not true. There was no election held afterwards. Sheikh Muzib was assassinated in the same year.

Defence: Mr Moijuddin Ahmed Manik’s, the then MP from Rajshahi-2, membership in the Parliament was cancelled as he did not join BAKSHAL and Mr Abdul Hakim was elected from that seat upon a by-election, do have any idea about that?

Witness: I cannot remember that right at this moment.

Defence: Now I am saying, after the formation of BAKSHAL, ‘one party system’ was introduced in the country and knowing the same you are intentionally concealing that.

Witness: It is not true.

Defence: No person had right to politics without being a member of BAKSHAL, right?

Witness: Not true.

Defence: Can please tell us East Pakistan Communist Party alias Shorbohara Party was valid or forbidden?

Witness: I think it was not officially forbidden.

Defence: Do you have any idea that arrest warrant was issued against two of the then opposition leaders Comrade Shiraj Shikder and Comrade Abdul Haq and they were absconded?

Witness: I do not have any idea. However, so far I know, whoever involved in leftist politics, sometimes they go underground on their own will.

Defence: In 1974, the government did not allow the people gathering of the great leader Maulana Abdul Hamid Khan Bhashani (founder leader of Awami Mislim League), do you remember that?

Witness: I do not know that.

Defence: After the formation of BAKSHAL, government stopped the publication of newspapers except 4, right?

Witness: True.

Defence: And government took over the control of those 4 newspaper, right?

Witness: True.

Defence: After the change of BAKSHAL government, by the 5th amendment (by President Ziaur Rahman) permission of publication of newspapers was given once again.

Witness: True.

Defence: After the change of BAKSHAL government, the martial law government enacted an Ordinance named PPR (Political Party Regulation) for the formation of political party, is that true?

Witness: True. For the purpose of forming political party limitedly under the martial law government.

Defence: The political parties, namely, Bangladesh Awami League, Jago Dol, Muslim League, Islamic Democratic Party started their activities under PPR, right?

Witness: True.

Prosecutor Haider Ali raised objection to above question. He submitted that Awami League’s name should be omitted from the question as the name of Awami League cannot be written together with such rightist parties. He further submitted, Awami League was formed long before.

Tribunal chairman Justice Nizamul Huq asked him to sit down and opined, “It is not a big deal as it does not affect anything. We heard you but we shall keep that as it is.”

Prosecutor Haider Ali said, “I have objection against that.”

Defence counsel Mizanul Islam said, “Where the witness is admitting the fact there is no scope for the prosecution to raise an objection.” He further submitted, “Awami League was abolished and replaced by BAKSHAL in 1974 and by PPR it started its activities like a newly born baby.”

Prosecutor Haider Ali made his point again and again until Justice Nizamul Huq ordered that the record should include the words: ‘it has been recorded with an objection of the prosecution.’

Defence: Who was the founder President of IDL (Islamic Democratic League), right?

Witness: Maulana Abdur Rahim.

Defence: He was the Nayeb-e-Ameer (in Arabic; in English it is similar to ‘secretary general’) of Pakistan Jamat-e-Islam in 1971, is that true?

Witness: I do not know that exactly, however, it is true most probably.

Defence: Due to a internal clash, Maulana Abdur Rahim and Maulana Siddique Ahmed formed separate IDLs, is that true?

Witness: I do not have any idea about that. I have not studied that.

Defence counsel Mizanul Islam prayed adjournment at that time on the ground that he is sick (another defence counsel M Tazul Islam informed the Tribunal about the fact on an earlier hearing date) and he has come to the court directly from the hospital with the permission from the doctor and he has not been released from the hospital yet.

Prosecutor Ziad-al-Malum told the Tribunal  that he is an Editor of a newspaper and he will come to the Tribunal if he is summoned. The Tribunal should consider that.

Tribunal decided they will allow an early adjournment, however, they will continue until 3:30 pm. Thus the cross examination continued.

Defence: During the regime of Ziaur Rahman, Mr Ali Khan applied for registration on behalf of Jamat-e-Islam under PPR, however, it was not granted.

Witness: Well, the situation was not in favour that is why Jamat-e-Islam was not allowed to come on the surface.

Defence: And afterwards, by the 5th Amendment of the Constitution, PPR was legally abolished (as it was not submitted before the Parliament for ratification) and then the Jamat-e-Islami started their political activities, right?

Witness: After the abolition of PPR, opportunity was created for Jamat-e-Islam to take part in the politics openly. (he agreed slightly differently; he meant actually Jamat-e-Islami did not start their activities at that time. Simply the door was open for them by the abolition of PPR)

Defence: In the election of 1977 during the regime of Ziaur Rahman, the Jamat-e-Islami leaders/activists/supporters under the leadership of Maulana Abdur Rahim and under the banner of IDL made a ‘front’ (coalition) with Muslim League which was lead by Khan-a-Sobur. And they took part in the election.

Witness: The two parties did not participate in the election as a ‘front’. The front was formed after the election.

Defence: I am saying they formed the front before the election and they had a clash after the election and then they (Maulana Abdur Rahim and Khan-a-Sabur) leaded the 2 groups.

Witness: I cannot remember that at this moment.

Defence: In that election. 12 from Muslim League and 6 from IDL were elected as MPs, do you have any idea about that?

Witness: I cannot remember that right at this moment.

Defence: In that election, Muslim League candidate Razia Foyej became MP by a direct vote, do you know that?

Witness: Yes.

Tribunal chairman Justice Nizamul Huq: Stop here for today. It will be continued. When shall we fix the next hearing date?

The prosecution informed the tribunal on next day they will bring another witness named Syed Hafizur Rahman for examination. Mr Aded Khan will be present before the Tribunal any day it may thinks fit and then this cross examination will be continued.

Tribunal chairman Justice Nizamul Huq adjourned the matter until 20.02.2012 (Monday).