17 Jan 2012: Fourteenth witness

At this hearing involving the trial of Delwar Hossain Sayedee, both the evidence-in-chief and the cross examination was taken of the 14th witness, Abdul Halim Babul.

Evidence in chief

Prosecution: What is your name?

Witness: My name is Abdul Halim Babul.

Prosecution: How old are you?

Witness: I am 55 years old.

Prosecution: Where were you in 1971?Witness: I was at Parerhat on 2nd June 1971. (At first, the witness told that the date was 2nd March 1971 and then he changed the date. The defence raised objection however, the Tribunal ignored it on the ground that witness can change his statement during the examination in chief.)

Prosecution: What happened on that day?

Witness: I was at my home. I heard some chaos outside. I came out of my home and asked a passerby, ‘What happened?’ He replied that the Pakistani occupation force is coming. I was too scared during the war period. I came back home and asked my family members to hide. I also hid myself nearby.

Prosecution: What did you see then?

Witness: I saw Delwar Hossain Saidee, Danesh Molla, Moslem Maulana (all of them were armed) and Pakistani occupation force entered into my house and looted it. And finally they set fire to my house. Then they set fire to the houses of Khosru Mia and Ameer Khan of Shankarpasha village. I heard afterwards that they went to Hindu para (block) of Umedpur village from there, arson their houses and killed people.

Prosecution: Is Mr Delwar Hossain Saidee present here in this room?

Witness: Yes.

Cross-Examination

Defence counsel Mizanul Islam then started the cross examination

Defence: Are you a freedom fighter?

Witness: No.

Defence: When did Pakistani army came to Parerhat?

Witness: I do not know that.

Defence: When did rajakar force formed at Parerhat area?

Witness: I do not know that.

Defence: Can you just tell us whether it was formed before or after the Pakistani occupation force came to Parerhat ?

Witness: May be after the Pakistani occupation force came.

Defence: When was the peace committee formed at Parerhat area- before or after the Pakistani occupation force came there?

Witness: I do not have any idea.

Defence: Can you please tell us the date when did you give your statement to the Chief Investigation Officer Helal Uddin?

Witness: On 27.07.2010.

Defence: On 27.07.2010 did anyone give you the information that Helal Uddin would come to Parerhat?

Witness: We came to know that after going to Parerhat marketplace.

Defence: So when did you meet him?

Witness: Between 12 pm to 1 pm on that day.

Defence: Who were with you at that time?

Witness: People from the investigating office (he said ‘people from the Tribunal’, however, investigating office is not a part of the Tribunal.)

Defence: Was there any other people there from your locality?

Witness: I cannot remember that.

Defence: So where did you give your statement- at Parerhat or outside of Parerhat?

Witness: In Parerhat, at the Raj Laxmi High School.

Defence: Was your statement taken at the Headmaster’s room of that said school?

Witness: No, at the first floor of that school.

Defence: Did Mr Helal Uddin give any announcement using mic (loud speaker)?

Witness: I did not hear that.

Defence: Did you directly go to him and give your statement?

Witness: Yes. I went to the school and said I want to give statement.

Defence: What is your profession?

Witness: I am a village doctor. (Village doctors do not a have a bachelor degree on medicine and/or surgery; normally they do paramedic short course or gain experiences by working as a medical assistant at clinic/hospital under a registered doctor. Normally they have medicine shop in the village marketplaces where they examine their patients and they frequently visit their patient travelling to their house upon calls.)

Defence: Where is your medicine store cum chamber situated?

Witness: At Boudoobi marketplace.

Defence: Chalna Bridge is in between your house and Boudoobi marketplace, right?

Witness: Yes.

Defence: How far Chalna Bridge is from Boudoobi marketplace?

Witness: 2 kilometres.

The defence counsel Haider Ali suggested the Tribunal to take their note as ‘the witness guessed the distance as 2 kilometres’. However, the witness said that the distance is ‘exactly 2 kilometres as there are mileposts on the road’. Justice Fazle Kabir then scolded prosecutor Haider Ali for suggesting the same to the Tribunal.

Defence: When do you go to your medicine store/chamber?

The witness then become angry suddenly and refused to answer the same as there is no fixed time to go his medicine store cum chamber. The Tribunal Chairman Justice Nassim asked him to calm down and defence counsel Mizanul Islam explained him that he just wanted to know when the witness goes to his medicine store/chamber normally; it does not really mean that you need to go there every day at that time mentioned by you. Definitely there are exceptions.

Witness: Between 8 am to 9 am in the morning subject to certain exceptions.

Defence: Do you remember whether 27.07.2010 was haat day or not?

Witness: I cannot remember. I have to go to Parerhat frequently for various purposes including buying medicine etc.

Defence: Do you have any idea about the ‘Gono Adalaat’ (People’s Tribunal) of 1992?

Witness: No. (Later on he admitted he read news about the said tribunal in newspaper i.e. he was aware of that)

Defence: Well, do you have any idea about the ‘Gono Todonto Commission’ (People’s Investigation Commission) formed by Jahanara Imam, Poetess Sufia Kamal and other members of the civil society in 1994?

Witness: I do not have any idea about that.

Defence: Pirojpur ‘Zilla Porishod’ (district council) made advertisements in newspaper to give information about the persons who were for and against the war of liberation and also about their activities in the war of liberation. Do you have any idea about that?

Witness: I do not know about that.

Defence: Well, do know the fact that, after the independence the government took initiative to investigate the war crimes and crimes against humanity?

Witness: No, I do not know that.

Defence: Now, can you please confirm that since 1971 to till this date, apart from giving statements to the CIO Helal Uddin and before this Tribunal, you have not complained to anyone or authority about the fact that your house was looted and arson, right?

Witness: No, I did not.

Defence: Have you given any list of goods looted in 1971 from your house to the investigation officer?

Witness: No.

Defence: Who told you on that day (02.06.1971) that the rajakars and Pakistani occupation force are coming?

Witness: I cannot remember his name.

Justice Zaheer: He has already testified that he came to know that from a passerby.

Defence: On 08.12.1971 Parerhat become enemy free, right?

Witness: I do not remember.

Defence: In your statement you have told that the rajakar and Pakistani occupation force set fire to the house of Khoshru Mia. Do you know him very well?

Witness: Yes.

Defence: Is the said Khoshru Mia freedom fighter?

Witness: Yes, he is. (At first he told that ‘may be he is a freedom fighter’.)

Defence: The freedom fighters made their camp at Parerhat after the independence, right?

Witness: Yes, that is true.

Defence: The said Khoshru Mia was the commander of that camp, is that true?

Witness: No.

Defence: What is you date of birth according to the Secondary School Certificate?

Witness: 06.06.1960.

Defence: Now, Mr Babul I shall ask you some question. Please do not take it personally. I have to ask you the same as a part of my job of the defence lawyer. Is that ok?

Witness: Yes, go on.

Defence: You got a bail in theft case filed by Aklima Khatun wife of Abdus Sobhan from Indurkani village, is that true?

Witness: No. (Later on accepted when the defence provided the case No.)

Defence: Well, we have got the case No. It was CR Case No. 1160/1982. What do have any idea that the case was filed against you?

Witness: My Lord, May I have your permission to say something? (Permission granted by Justice Nassim) It was a false allegation. If you permit me I want to unbutton my shirt and show your Lordship the sign of the grievous bodily harm done to me by the said Aklima Khatun and his family members.

The witness started weeping and became emotional at this point. Then he suggested that the defence should not ask such question to let the witness down. He further made complaint to the Tribunal that the defence people went to house with 200/300 (later on claimed 500/700 people) to take his statement without even informing him which should be consider as a threat to him. He added, they should at least inform him that some lawyers/barristers from Dhaka would come to his place so that he can arrange some refreshment for them.

Chairman Justice Nassim said that that they would shall hear that later on, but that now they should continue with the cross examination.

Defence: Do you know a rajakar named Delwar Shikder s/o Rasul Shikder?

Witness: I do not know him.

There was a change of defence counsel at this stage. Defence counsel Manjur Ahmed Ansari took over:

Defence: Late Mosharrof Hossain lived in the same homestead you live now, right?

Witness: Yes.

Defence: His son’s name is Farooque, right?

Witness: Yes.

Defence: How old is he?

Witness: 60 years old.

Defence: Late Abdul Hakim belonged to the same homestead of yours, is that true?

Witness: No. He lived in the homestead of that Aklima Begum who filed false case against me. The homestead is about ¼ kilometres (250 metres) far from my house.

Defence: His son’s name is Joynal, right?

Witness: Yes.

Defence: How old is Joynal?

Witness: Around 25-30 years old.

Defence: I am saying he is from your age level.

Witness: No, that is not true.

Defence: Yakub Master lived in the same homestead of yours, right?

Witness: Yes.

Defence: His son’s name is Rafiqul, right?

Witness: Yes.

Defence: He is 52/53 years old, right?

Witness: No, he is 60 years old.

Defence: The adjacent house in the southern of your house belongs to Ishaq Fakir, right?

Witness: Not exactly. There is empty block in between his house and my house.

Defence: I see. He has got 2 sons, is that true?

Witness: Yes, that is true.

Defence: His elder son’s name is Khaleq and younger son’s name is Rashid, right?

Witness: Yes.

Defence: Khaleq is 60 years, is that true?

Witness: Yes.

Defence: And Rashid is 58 years old, right?

Witness: Not really. He is of my age. (55 years)

Defence: Mr Tawfiq lives in the same homestead, right?

Witness: Yes.

Defence: His son’s name is Kawsar, right?

Witness: Yes, that is true.

Defence: How old is he?

Witness: 42/43 years old.

Defence: There is a mosque at the entrance of your house. The mosque was established before 1971 and the mosque was there during the war time, right?

Witness: Yes.

Defence: Who was the Imam (muslim religious post) in that mosque then?

Witness: Hafez Abdul Khaleq.

Defence: Your younger brother is the central leader of the Jatiya Party (Monju) {National Party (Monju)}, is that true?

Witness: Yes.

Defence: Your another younger brother has passed Master of Arts (M.A.), right?

Witness: Yes.

Defence: What is his profession?

Witness: Business. He is a contractor.

Defence: You have not told to the Investigation Officer that on that day (02.06.1971) you heard some chaos outside then you came out of your home and asked a passerby, ‘What happened?’ He then replied to you that the Pakistani occupation force was coming.

Witness: No, I told him that.

Defence: You have not even told him that you came back home and asked your family members to hide and also hid nearby.

Witness: No, I told him the same.

Prosecution: And I am saying you did not tell the CIO, “I saw Delwar Hossain Saidee, Danesh Molla, Moslem Maulana (all of them were armed) and Pakistani occupation force entered into my house and looted it. And finally they set fire to my house. Then they set fire to the houses of Khosru Mia and Ameer Khan of Shankarpasha village. I heard afterwards that they went to Hindu para (block) of Umedpur village from there, arson their houses and killed people.”

Witness: That is not true. I told him.

Defence: You are an Awami League activist, right?

Witness: Yes.

Defence: Is that true that your mom and brothers cut of their relationships with you because you have given false statement against the accused Delwar Hossain Saidee even though your house was not set fire in 1971?

Witness: It is not true at all.

Defence: You are an Awami League activist and just because of that your giving false statement in a case filed on false allegations against a central leader of your rival party, is that true?

Witness: That is not true.

Thus the cross examination of prosecution witness No. 14 was finished the Tribunal then asked the prosecution to produce their next witness.

Prosecutor Haider Ali said the witness No. 15, Modhu Sudan Ghorami, was not yet ready to be produced before the Tribunal. He was  80 years old. He further submitted that he had not yet examined the witness yet and asked for an adjournment until the next day.

Tribunal Chairman Justice Nassim: This is unfortunate. Still we have got 4 hours to continue the hearing for today. Anyway, have you brought him to Dhaka already?

Prosecution: Yes, My Lord.

Tribunal Chairman Justice Nassim: Can you produce him before the Tribunal tomorrow?

Prosecution: I shall try.

Tribunal Chairman Justice Nassim: Have you served the notice to him?

Prosecution: No, my Lord.

Tribunal Chairman Justice Nassim: Then serve the notice on him today and let see what happens tomorrow.

Justice Zaheer: Now you (prosecution) are delaying the trial. We will take note tomorrow if you fail to produce him tomorrow as well.

Tribunal Chairman Justice Nassim adjourned the hearing for that day.