29 Jan 2012: Witnesses 17 to 19

Abdul Quader Molla charge hearing adjournment application
Defence counsel Tajul Islam came to the dais and submitted an application regarding Abdul Quader Mollah’s matter. He submitted the following:

“The documents which had been sent to my client Abdul Quader Mollah, who is in the Jail custody now, could not be received by him. The Jail authority told him that they required Inspector General of Police’s (IGP) permission to allow him to read them. That is why we are making this petition before your Lordship for an adjournment of the charge hearing on the ground that he could not instruct us. Further, we could not even meet our client and we could not finish reading the entire document ourselves yet. Furthermore, we humbly submit before your Lordship that treatment in the jail custody which has been provided to Mr Mollah is insufficient. Thus, we humbly pray to you make such order as the Tribunal thinks fit for Mr Mollah’s proper treatment as well as to allow our petition for adjournment to enable us to take sufficient preparation for the charge hearing.'

Tribunal chairman Justice Nizamul Huq fixed the new date for the charge hearing on 19th February 2012 finding no other date for hearing before that day.

Sayedee Witnesses, 17 to 19
Prosecution witness 17 came to the witness box, took oath and the examination in chief by the prosecution started.

Prosecution: What is your name?

Witness: My name is Rabiul Anam Khan.

Prosecution: How old are you?

Witness: I am 44 years old.

Prosecution: What do you do?

Witness: I am Cataloguer of PIB (Press Institution of Bangladesh)

Prosecution: Can you please tell us the name of newspapers which were seized? Can please mention the respective seizure dates as well?

Witness: Newspapers which were seized:

(1) Daily Shomokaal, dated 10 th February 2007, pages No. 1 and 2.

(2) Daily Janakantha, dated 17th July 2010, pages no. 20 and 19.

Prosecution: Were you appointed at the same post and in the same office during the period of seizure?

Witness: Yes, I was. After seizing newspapers those were given to me and I had also put my signature on the seizure list of newspaper. The details of other seized newspapers are:

(1) Daily Janakantha, dated 14th April 2001, page No. 9.
(2) Daily Janakantha, dated13th February 2002
(3) New age, dated 16th March 2004.
(4) Daily Janakantha, dated 14th December 2000, pages No. 18 and 21.
(5) Daily Janakantha, dated 19th December 2000, pages No. 1 and 11.
(6) Daily Janakantha, dated 20th December 2000, pages No. 1 and 11.
(7) Daily Janakantha, dated 21st December 2000, pages No. 1 and 15
(8) Daily Janakantha, dated 22nd December 2000, pages No. 1 and 15.
(9) Daily Janakantha, dated 23rd December 2000, pages No. 1 and 11.
(10) Daily Janakantha, dated 26th December 2000, pages No. 1 and 2nd half of 11.

Justice Zaheer: Can you please confirm us whether you will be able to submit the seized newspapers again if the Tribunal so requires?

Witness: I have brought seizure list with me and it will be submitted before the Tribunal again when it is so requires.

Thus the examination in chief of the prosecution witness 17 finished and the Tribunal then adjourned for 30 minutes to enable the defence to prepare for the cross examination.

After the recess defence counsel Mizanul Islam opened the cross examination of prosecution witness 17 which was as under:

Defence: Can you tell us what the highest post in PIB (Press Institute of Bangladesh) is?

Witness: Yes, highest post is the Director.

Defence: Who is the head of Archives?

Witness: Archives and library section is managed by one who is called Librarian.

Defence: Do you know the founding year of PIB?

Witness: No, I do not know that. However, collection in the archives has been started from 1984.

Defence: Did you make the seizure list of evidence?

Witness: Yes. I along with my assistant have done that as per the requirement of the Chief investigation Officer Helal Uddin.

Defence: Whether there were any headlines of that reports which were seized?

Witness: Yes, there were headlines of the reports; however, the names of concerned reporters had not been disclosed.

Defence: Do you know the launching dates of major newspapers in Bangladesh?

Witness: No.

Defence: Do you have any idea regarding the objectivity of newspaper?

Witness: No.

Thus, the cross examination of prosecution witness 17 finished.

The prosecution then produced the next witness (No. 18) before the Tribunal. As usual Prosecutor Haider Ali opened the examination in chief.

Prosecution: What is your name?

Witness: My name is S. M. Amirul Islam.

Prosecution: How old are you?

Witness: I am 41 years old.

Prosecution: What do you do?

Witness: I am Book Sorter of PIB (Press Institution of Bangladesh).

Thus the examination in chief of prosecution witness No. 17 finished and the defence declined to cross-examine the above witnesses on the ground that he worked with the investigation officer at the time of preparing seizure list of evidence. The prosecution then produced the next witness (No. 18) before the Tribunal and the examination in chief of the said witness was as follows:

Prosecution: What is your name?

Witness: My name is Fatima Begum.

Prosecution: How old are you?

Witness: I am 32 years old.

Prosecution: What do you do?

Witness: Guide cum computer operator of the Jatir Janak Bangabondhu Memorial Museum.

Prosecutor: Where were you appointed in 17th October 2010?

Witness: I was appointed at the same job in the same place. Mr. Helal Uddin (CIO) seized some things, those were:

(1) Two computer type page of historic speech of 7th March 1971 (by Sheikh Mojibur Rahman).
(2) Audio cassette “BAJRAKANTHA” of historic speech of 7th March 1971.
(3) Album “JATIR JANAK” (pages No. 1 to 244) published by Jatir Janak Bangabandhu Sheikh Majibur Rahman Memorial Trust, Road No. 32, Dhanmondi Residential Area (R/A), Dhaka 1209, the 1st edition published on 1st August 1997.

I also signed this list of seizure.

Thus the examination in chief of prosecution witness 18 finished. Defence also declined to cross-examine the above witnesses on the ground that she worked with the investigation officer at the time of preparing seizure list of evidence.

Prosecution then produced the next witness (No. 19) before the Tribunal and examination in chief of the said witness was as under:

Prosecution: What is your name?

Witness: My name is Mohammad Nesar.

Prosecution: How old are you?

Witness: I am 36 years old.

Prosecution: What do you do?

Witness: I am a Guide cum Computer Operator of the Jatir Janak Bangabondhu Memorial Museum.

Defence also declined to cross-examine the above witnesses on the ground that he workers with the investigation officer at the time of preparing seizure list of evidence. Thus, the all 4 witnesses produced by prosecution examined and the Tribunal Chairman Justice Nizamul Huq then adjourned the hearing until the following day