8 Jan 2011: Mistri cross examination

After the examination in chief of tenth witness, Basu Deb Mistri, was completed in the morning, ,the defence asked the tribunal if the cross examination could start at 2 pm in the afternoon session, and suggested that in the meantime the prosecution could introduce another witness. However, Justice Zahir said it will not be a good idea to do so as it will break the chronology. He suggested the defence counsel Mizanul Islam to start the cross examination and he allowed him to do it slowly. The defence lawyer however asked for a short adjournment, but Justice Zahir requested him to start the examination at least.

Mizanur Islam then started the cross examination

Defence: Do you know rajakar Ruhul Amin?

Witness: Yes.

Defence: Is he alive?

Witness: Yes. He practises as a lawyer.

Defence: Where is he from?

Witness: He is from Gazipur village of Pirojpur. He was a member of Al-Badar force.

Defence: What did Ruhul Amin do before 1971?

Witness: I do not know.

Defence: You said in your statement that Manik Poshari’s family members left his homestead. Can you please tell us how many days before the Pakistanis/rajakars set fire to their house?

Witness: On the same day.

Defence: Can you please tell us how many family members of Manik Poshari ran away on that day?

Witness: I cannot say you the number right now. Each and every family left the house including his parents.

Defence: So, when did they run away?

Witness: The Pakistani army and rajakars set fire to their house that noon. And they ran away in the morning around 8:00am - 9:00am.

Defence: What do you mean by ‘noon’? After zahar prayer?

Witness: At noon.

Defence: Ibrahim and Mofiz were at home when the family members left away?

Witness: Yes.

Defence: When did you come to work?

Witness: At the morning; before they ran away.

Defence: Did you see Manik Poshari, Ibrahim Kutti, Mofiz Uddin Poshari in the morning when you went Manik Poshari’s house to work there?

Witness: Yes, I saw everyone.

Defence: So Ibrahim Kutti and Mofiz Uddin Poshari was present in that house from morning to until the time they were being caught, right?

Witness: Yes. They were there.

Defence: Did you see the house where Ibrahim Kutti and Mofij used to live?

Witness: Yes.

Defence: How did the rajakars come on that day- on foot or by rickshaw?

Witness: On foot.

Defence: What about the family members of Manik Poshari? How did they ran away?

Witness: They ran away on foot as well.

Defence: The dwelling house was severely damaged and became unfit to live, right?

Witness: Yes.

Defence: Can please tell us whether the house was set on fire before 8th May 1971?

Witness: No. It was set on fire only once on 8th May 1971.

Defence: Where did Mofiz Uddin Poshari used to live?

Witness: At Manik Poshari’s place.

Defence: Where was he from basically?

Witness: From the same village- Chithulia.

Defence: Do know where was his father-in-law’s house?

Witness: Yes, I know where it is.

Defence: How far was his father-in-law’s house from Manik Poshari’s house?

Witness: 2-3 miles.

Defence: What about Mofiz Uddin Poshari’s own house? How far was that?

Witness: It was very near to Manik Poshari’s house; just on the other side of the canal.

Defence: Can you please tell us, whether or not rajakars set fire to Mofiz Uddin Poshari’s house or his father-in-law’s house?

Witness: I have no idea.

Defence: When did you meet Mofiz Uddin Poshari for the first time after he escaped from rajakar’s camp?

Witness: After the victory.

Defence: So he told you how he escaped from the rajakar camp after you met each other, right?

Witness: Yes.

Defence: Did you leave Bangladesh during the war?

Witness: No. I was in Bangladesh hiding here and there.

Defence: So when did you run away after the war started?

Prosecutor Ziad Al-Mamun raised an objection and claimed that the defence counsel Mizanul Islam is leading or trying to lead the witness. He further claimed that Mr. Islam was being too rude to the witness and he wants the Tribunal to protect the witness in accordance with the Tribunal’s own witness protection policy. Justice Nizamul Haque over ruled the objection.

Witness: After the rajakar set fire to my house.

Defence: Did you meet Manik Poshari after that?

Witness: Yes, I met him several times. However, I cannot remember the dates.

Defence: Did you work at Manik Poshari’s house after 8th May?

Witness: No.

Defence: Did you ever work for him after 1971?

Witness: No. Not at all.

Prosecutor Ziad Al Mamun again raised an objection claiming that the above question is irrelevant. In reply, Justice Nizamul Haque replied that they will take care of that. He does not need to worry about that.

Defence: Which part of Manik Poshari’s house you and you father used to work? I mean inside or outside?

Witness: Both of the places; wherever required.

Defence: Can you please tell us for what kind of work you went to Manik Poshari’s house on that day (8th May 1971)?

Witness: I do not know that.

Defence: Did you know the fact that the War of Independence was started on 26th March 1971?

Witness: I did not know that.

Defence: How many days in a month?

Witness: 30 days.

Defence: Well, do you know what the month after May is?

Witness: June?

Defence: What month before May is?

Witness: July.

Defence: Are you sure?

Witness: August.

The Tribunal said that the witness does not know the English calendar month.

Defence: Then who taught you the date ‘8th May 1971’?

Justice Zahir: It is a redundant question. We cannot take that.

Defence: Where did the Pakistani army established their camp?

Witness: At Raj Laxmi School.

Defence: When was the peace committee/rajakar force formed in Pirajpur?

Witness: I do not know.

After that the witness told that he is feeling unwell. One of the prosecutors and Justice Nizamul Haque asked a court staff to give him water. Defence counsel Mizanul Islam again asked for an early adjournment until 2 pm so that they can take adequate preparation for the cross examination. The Tribunal then decided to adjourn trial hearing until 2 pm due to unavoidable situation.

Cross examination resumed in the afternoon.

Defence: So Mr Basu Deb Mistri, on that day (8th May 1971) Pakistani armies and/or rajakars did not set fire to any other houses of Chithulia village apart from 5 houses of Manik Poshari’s homestead, right?

Witness: Thats true.

Defence: Among those 5 houses, was there any house belonged to Shohid Uddin’s brother?

Witness: No.

Defence: Can you please tell us, whether or not Manik Poshari’s brother’s home was set fire to before or after of 8th May 1971?

Witness: No.

Defence: Well, when did the rajakars set fire to your house?

Witness: 3-4 days later on. (after 8th May 1971)

Defence: How many people were living in your homestead?

Witness: About 15 people including my parents and uncles.

Defence: How many houses did you have then in 1971?

Witness: 2 houses.

Defence: Were there any houses at the northern side of your homestead?

Witness: Yes. On the other side of the road there were houses of Himangshu Master (school teacher), Yadav and Chitto.

Defence: Were there any houses at the southern side of your homestead?

Witness: Yes. On the southern side there were houses of Shokhi Charan and Laxmi Charan.

Defence: Were there any houses at the western side?

Witness: No.

Defence: What about the eastern side?

Witness: There was no house within a mile on the eastern side.

Defence: About how many houses was set fire to on the day your houses were arson?

Witness: 15-20 houses.

Defence: Who were the owners of those houses?

Witness: Himangshu Master (school teacher), Hitangshu, Yadav and Chitto

Defence: Was Manik Poshari aware of the fact that your houses were burnt as well?

Witness: Yes. He knew that.

Defence: How many years did your father survive after the war?

Witness: 5-7 years I guess.

Defence: Do have any idea that before this case another case has been filed to the Pirojpur Chief Judicial Magistrate’s Court?

Witness: Yes. I know. I am a witness in that case.

Defence: The day you went to that court, Manik Poshari, Ayub Ali, Mofiz Uddin Poshari, Mostafa Halader, Mokhles Poshari and Haripad also went with you, right?

Witness: Manik Poshari went with us but did not enter into the court room/building. However, others name you have just mentioned went to court to give evidence.

Defence: So, you did not state in that court the incidents of looting, arsoning of houses and killing of Kutti, is that true?

Witness: I cannot remember whether I have told the same or not in that court.

Defence: In that witness you did not even mention that Delwar Hossain Saidi alias Delu Shikder formed the Peace Committee/rajakar force, right?

Witness: I cannot remember.

Defence: Now listen carefully. Did Poet Sufia Kamal, Jahanara Imam, AFM Mejbah Uddin, Shahriar Kabir of Gono Todonto (Mass Investigation) Commission or anyone on behalf of them go to you or any people of your area?

Witness: I never heard their name before.

Defence: Apart from this Tribunal, before the CIO Helal Uddin and before the Pirojpur CJM’s court, you never told anyone about the incidents of looting, torture and arson by rajakars or anyone never asked you about the same?

Witness: True.

Defence: Can you please tell us whether or not CIO Helal Uddin is present here?

Witness: Yes, he is here.

Defence: When did you give your statement before him?

Witness: I cannot remember.

Defence: Well, can please tell us the month and year at least?

Witness: I cannot remember.

Defence: The day you gave evidence, did anyone inform you the fact that someone will come to take evidence?

Witness: Yes, Manik Poshari told me that someone will come to take evidence and whenever they come you come to my place.

Defence: What was the time when you went to meet the CIO?

Witness: Around 12 pm.

Defence: Did it take place at Manik Poshari’s house?

Witness: No. On the road in front of his house.

Defence: Who were present there then?

Witness: Jolil, Ayub Ali, Mokhles and others.

Defence: When did you come back?

Witness: It took 10-15 minutes to give the statement and then I came back.

Defence: Did you see any other people giving statement on that day?

Witness: I did not see. I came back instantly after giving my statement.

Defence: Is there any evidence of arsoning or part of it still in your house?

Witness: Is that possible? It happened long time before you know.

Defence: What about others in your village? Do they have any such evidence?

Witness: How could I say that?

Defence: Was there any police officer went to you in relation to the case in the Pirojpur CJM’s court?

Witness: I cannot remember.

Defence: Was there any TV crew, journalist went to your area to take your interview?

Witness: I do not know.

Defence: For the last 2 years, did you see any sign/evidence of arson which took place 40 years back?

Witness: No.

Defence: In your area, are any people are still alive of your age or older than you?

Witness: Yes.

Defence: You said you knew Ibrahim Kutti. Do know where was he from?

Witness: I do not know.

Defence: Do you know anything about his father?

Witness: No.

Defence: What about his wife? Do you know him?

Witness: Not at all.

Defence: Since when Kutti strated working at Manik Poshari’s house?

Witness: I do not know. Since my childhood I saw him work in that house.

Defence: When did you start working at Manik Poshari’s house for the first time?

Witness: From age of 13-14 years. (from 1971)

Defence: Since when you know Mofiz Uddin Poshari?

Witness: From my childhood when I was a boy of 7-8 years.

Defence: Do have any idea whether Manik Poshari and Ibrahim Kutti used to live in the same house at Manik Poshari’s homestead?

Witness: No idea.

Defence: Do know Shaheb Ali alias Shiraj of Nolbunia village who was killed by rajakars/Pakistani army?

Witness: No.

Defence: Do you know Asrab Ali?

Witness: No.

Defence: Do you know Asmot Hawlader?

Witness: No.

Defence: Do you know Ayub Ali s/o Arob Ali?

Witness: No.

Defence: Do you know Kalam Choukider (village police)?

Witness: No.

Defence: Do you know Ruhul Amin Hawlader s/o Anwar Hawlader of Parerhat village?

Witness: No.

Defence: Do you know Momin Ali s/o Abdul Ali of Gazipur village?

Witness: Yes.

Defence: Do you know Sekender Ali Shikder of Hogla Bunia village?

Witness: Yes.

Defence: Do you know Moslem Maulana?

Witness: Yes.

Defence: Is he still alive?

Witness: Yes.

Defence: Is he involved in politics?

Witness: I do not know.

Defence: Do you know Assistant Sub-Inspector (ASI) Shamsur Rahman?

Witness: No.

Defence: Now I am saying, you are intentionally concealing the fact that those people mentioned above take away Ibrahim Kutti, his brother in law Shaheb Ali and his mother in law Setara Begum at the end of the war (not on 8th May 1971). They killed Kutti and Shaheb Ali and set Setara Bagum free.

Witness: I do not know anything about that.

Defence: Do you know Delwar Shikder s/o Rosul Shikder from Chila village?

Witness: I do not klnow him.

Defence: Since when you know Delu alias Delwar Hossain Saidi (before 1971)?

Witness: From long before.

Defence: What was his profession in 1971?

Witness: He used to sell cooking oil, chilli, turmeric etc.

Defence: Where?

Witness: At Parerhat marketplace.

Defence: Did he have any shop?

Witness: No. He used to sell on footpath.

Defence: He used to sell every single day?

Witness: No only one weekly haat days.

Defence: What did he do on the other day?

Witness: I do not have any idea.

Defence: Since when he started the business?

Witness: I cannot remember.

Defence: After the war of independence when did you see him for the first time?

Witness: I cannot remember.

Advocate Kofil Uddin then came to the dais to undertake cross examination.

Defence: You said the incident happened on 8th May- is that in English or Bengali calendar month?

Witness: English calendar month.

Defence: So when did the rajakars arson your house?

Justice ATM Zahir: We cannot take that as this question has been asked earlier.

Defence: Do know how to see time (at watch/clock)?

Witness: Yes. Little bit.

Defence: Where did you take your breakfast and lunch on 8th May 1971?

Witness: At my home.

Defence: How far was Manik Poshari’s house from your house?

Witness: 1000-1200 metres.

Defence: Did the rajakars set fire to the cow shed?

Witness: No.

Defence: Did not they take away the cows and bullocks?

Witness: No. Those were grazing in the field then.

Defence: Was that visible from the house that cows and bullocks were grazing in the field?

Witness: Yes. It was visible.

Defence: What kind of material your house was made of?

Witness: It was a wooden house.

Defence: Did you or your father participate in the freedom fight?

Witness: No.

Defence: Can you please name some people of Hindu community of you area who were in very good position then in 1971?

Witness: Yes. I can. They were- a. Gauranga Mondal (professor), b. Hare Kirshna Mondal (professor), c. Haren (school teacher), d. Dhiren (school teacher) and e. Nirmal (school teacher).

Defence: Your house and Mofiz Uddin Poshari’s house were very close, right?

Witness: Not at all. Our houses are far from each other’s.

Defence: Did you go to Mofiz Uddin Poshari’s house to know the whereabouts of him from his relatives or his family members?

Witness: No.

Defence: You have mentioned the names of Moslem Maulana. Do you know he was a religious teacher at Dhaka Residential Model College?

Witness: I do not know that.

Defence: Did he have any other profession you know?

Witness: I do not know.

Defence: Who were the freedom fighter commanders of your area?

Witness: I do not know.

Defence: Did you ever go to see the camp of Pakistani Army?

Witness: No.

Defence: Did you ever go to see the camp of freedom fighters?

Witness: Yes, I went to Fakir Das house which the freedom fighters took over from rajakars.

Defence: When did your area become enemy free?

Witness: No idea.

Defence: Have you heard the name of freedom fighter commander Jamiul Haque who looted the arms depot of Pirojpur at the beginning of the war?

Witness: I have heard the name but I do not know him personally.

Defence: Jagat Priyo Das, Ranjan Mallik, Manik Mandol were the freedom fighters of your area. From 2003 to 2007, they interviewed 100 freedom fighters of your area. Did they interview you?

Justice Nizamul Haque: The witness has not even said he was a freedom fighter then why you are asking him the same?

Defence: You have stated before the court that the rajakars looted rice and jute from Manik Poshari’s house. Can you please tell us how they took away that tons of rice and jute?

Witness: No idea.

Defence: Who is the plaintiff in this case?

Witness: Manik Poshari. (He did not understand what does ‘plaintiff’ means then Justice Nizam and Justice Zahir explained him)

Defence: Have you heard the name of Shamsul Alam Talukder?

Witness: Yes. I have heard the name.

Defence: Was he a freedom fighter or rajakar?

Witness: I do not know.

Defence: Have heard the name of Miznur Rahman Talukder?

The court then adjourned the case until the next day