30 Jan 2012: Seizure witness 20 to 22

Tribunal chairman Justice Nizamul Haq asked the prosecutor to produce the prosecution witness before the Tribunal.

One of the prosecutors came to the dais and informed the Tribunal that one of their witnesses named Modhusudhan Ghorami had been hospitalized and he has not got permission from the concerned doctor to appear before the Tribunal for giving his deposition as a witness because of his physical condition.

In the meantime, one of the defence counsels Imran Siddique came to the dais and submitted a petition before the tribunal for fixing date to meet with their client Golam Azam.

In response to the petition Justice Zaheer ordered that,

“4th February, 11th February and 18th February has been fixed for privileged communication. Any two of the three counsels mentioned in the application will be permitted to meet with him between 10 am to 1 pm.”

After that, tribunal chairman Justice Nizamul Huq asked the prosecutor again whether there were any witnesses ready to give evidence or not?

Prosecutor (Saiduur Rahman): Yes, my Lord, they are already at the Tribunal.

Prosecution witness 20 (who is a seizure list witness) 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 Ejabuddin Mia.

Prosecution: How old are you?

Witness: I am 39 years old.

Prosecution: What do you do?

Witness: I am an Assistant Librarian of Bangla Academy Library.

Prosecution: Would you please tell us, were you appointed in the same post during the period of seizure on 30th March 2011?

Witness: Yes, I was appointed in the same post and at the same library. On 30th march 2011 Investigation Officer came to the library and seized Daily Azad, dated 3rd February 1972.

Justice Zaheer: Did you sign there?

Witness: Yes, I put my signature there.

At that time there was confusion in the tribunal because the documents which have been submitted to the Tribunal as well as to the defence counsels by the prosecution were not corresponding to same page numbers which the prosecution had. Due to the error in page numbers the tribunal chairman was unable to follow the documents.

At this stage the Tribunal chairman adjourned the hearing for 30 minutes and ordered the prosecution to rectify the errors in the page numbers as it was difficult for the Tribunal as well as defence to find out corresponding pages when prosecution witness was referring to then.

After the recess, the prosecution continued the examination in chief again.

Prosecution: Can you please tell us, were you working as an assistant librarian on 24th March 2011?

Witness: Yes, I was also working on that day at the same post and at the same library. From a number of daily newspapers 16 items had been seized by the Investigation Officer. After that those were given under custody of Acting Head Librarian Mr. Mobrrak Hossain.

Justice Zaheer: Did you sign there?

Witness: Yes, I did my Lord.

Prosecution: Can you please tell us about seizure list of 27th March 2011?

Witness: Yes, on that day 10 items from different dailies had been seized. And as usual as a part of my duty, I have put my signature in the seizure list.

Prosecution: Can you please tell us about seizure list of 3rd April 2011?

Witness: Yes, on that day 9 items from different Daily Newspapers had been seized. And I have put my signature in the seizure list as well.

Prosecution: Can you please tell us about seizure list of 30th March 2011?

Witness: Yes, on that day 24 items from different daily newspapers had been seized. And as usual I have put my signature in the seizure list.

After that, the prosecution asked the witness about a seizure list dated 31st March 2011. However, the Tribunal Judges were having difficulties with the corresponding page numbers again. Prosecution, after several attempt, could not help the Tribunal and so withdraw the question about that seizure list.

Thus the examination in chief of the prosecution witness 21 finished.

Defence counsel Mizanul Islam then started the cross examination of prosecution witness 21:

Defence: Item No. 4 of seizure list of 29th March 2011 is Daily Azad, dated 8th May 1971, containing headline ‘Priojpur Mahakuma Peace Committee Formed’, is that true?

Witness: Yes.

Defence: Can you please confirm us, every newspaper, which had been seized in Bangla Academy Library, was published in either 1971 or 1972, is not it?

Witness: Yes.

Defence: Does any headline of those newspapers contain the name of Delwar Hossain Saidee?

Witness: No.

Thus, the cross examination of prosecution witness 21 finished and the prosecution produced the next witness (No. 22) before the Tribunal. Prosecutor Saidur Rahman opened the examination in chief.

Prosecution: What is your name?

Witness: My name is Saieed Masumul Kabir.

Prosecution: How old are you?

Witness: I am 43 years old.

Prosecution: What do you do?

Witness: I am distributor of Bangla Academy Library.

The above witness was also a seizure list witness and the prosecution termed him as ‘tender’ i.e. he is a seizure list witness on similar matter. Thus, defence did not cross examine him.

There was no further witness for that day. The prosecution then informed the Tribunal they will produce Modhushudan Ghorami on the next day. The judges advised the prosecution to prepare other witnesses if they were unable to produce the said prosecution witness Modhushudan Ghorami. The prosecution confirmed to the Tribunal they would produce the said witness taking permission from the concerned doctor.

The tribunal chairman Justice Nizamul Huq then adjourned the hearing until next day.