9 Jan 2012: Jalil cross examination

After witness number 11 gave his examination in chief, and before the cross examination, Justice AKM Zaheer Ahamed said to the defence counsel Mizanul Islam, “Today we will control you in the cross examination. You will get a total 45 minutes. Please, do not ask irrelevant questions. Yesterday you took all the day for cross examining the former witness. Experienced lawyers like you should not take that much time to cross such a witness.”

In reply defence counsel Mizanul Islam said, “My Lord! I believe you can just direct us not to ask unnecessary questions.' The cross examination of Abdul Jalil Sheikh then started.

Defence: Did you vote in the 1970’s National Election?

Witness: Yes.

Defence: Are you an enrolled as a freedom fighter in the Register of the Freedom Fighter Command Council?

Witness: No.

Defence: Have applied to be enrolled as a freedom fighter?

Witness: Yes.

Defence: When did you apply? After Awami League become the ruling party for this time?

Witness: Yes. I made an application earlier though.

Defence: So, you did not get enrolment then, right? And this time you have got recommendation from your local MP AKMA Awal.

Witness: I do not know.

Defence: Before this case, have you ever given statement to anywhere else?

Witness: Yes, to the investigation committee.

Defence: Where did you make the statement?

Witness: At the bank of the river Kocha; on the road in front of Manik Poshari’s house.

Defence: What was the time then?

Witness: Around 12:00-12:30 pm.

Defence: Who were there then?

Witness: Selim Khan, Montu Khan etc.

Defence: What about Manik Poshari?

Witness: He was not there.

Defence: Did you see Mahabubur Rahman Hawlader?

Witness: Yes I saw him once.

Defence: When did you reach there?

Witness: I reached at 12 and then gave my statement over half an hour.

Defence: What about Mostafa Hawlader? Did you see him?

Witness: No, he was not there.

Defence: Did you see him on that day?

Witness: No.

Defence: Did you see Mofiz Uddin Poshari at the place where you gave your statement?

Witness: Yes.

Defence: What about Ruhul Alam Nabin?

Witness: No.

Defence: What about Basu Deb Mistri? Did you see him?

Witness: No.

Defence: Did you see anything else apart from giving statement over there?

Witness: No.

Defence: Did you se anything there which was an example of arsoning in 1971?

Witness: No.

Defence: What is your educational qualification?

Witness: I passed class IX (secondary level).

Defence: What was the name of your school?

Witness: Raj Laxmi School, at Parer Hat.

Defence: When did you drop out from your school?

Witness: 2/3 years before 1971.

Defence: Upon completion of your study you started working under your father, right?

Witness: Yes.

Defence: You said you have fish business. Can you please explain whether this meant fishing or you used to sell fish in the marketplace?

Witness: Fishing.

Defence: So, did you go for fishing regularly?

Witness: Yes.

Defence: Whom did you sell the fish? I mean to individual buyers or to the whole sellers?

Witness: To the whole sellers.

Defence: At which cold storage?

Witness: There was no cold storage.

Defence: Well, in that case, can you please tell us the name of whole sellers?

Witness: I cannot remember.

Defence: What was the usual time you used to go for fishing?

Witness: Normally in the morning. Sometimes in the night time.

Defence: When did you use to come back home from fishing and after selling fish to the whole sellers?

Witness: Normally in the afternoon. Sometimes we used to come late as well.

Defence: So you knew the Parerhat area very well then in 1971, right?

Witness: Not at all. I just used to go to my school there.

Defence: Do know when did the National Assembly election take place in 1970?

Witness: I cannot remember the date.

Defence: Do know when did the Provincial Assembly election take place in 1970?

Witness: I cannot remember the date.

Defence: Can you remember the gap (time) between the two?

Witness: I cannot say.

Defence: Do you know when did the Movement for Non-cooperation take place?

Witness: I cannot remember the date.

Defence: Do you know when did the War of Independence start?

Witness: On 25 March 1971.

Defence: Who organized and motivated the supporters of independence in your area?

Witness: I do not know that.

Defence: Where did the Pakistani Army come first- Pirojpur or Parer Hat?

Witness: Pirojpur.

Defence: Can you please tell us when?

Witness: On the first week of May, 1971.

Defence: Where did they set up their camp?

Witness: No idea.

Defence: Have you ever heard the name of Minister Afzal Khan?

Witness: No.

Defence: What about A.K. Fazlul Haq?

Witness: Yes, I have heard of him.

Defence: Where was he from?

Witness: From the district Barguna.

Defence: Have you heard the names of Manik Khandakar and Shama Khandakar?

Witness: Yes.

Defence: Are they still alive?

Witness: No.

Defence: How did they die?

Witness: I do not know.

Defence: What was their profession?

Witness: No idea.

Defence: Where were they from?

Witness: From the other side of the river (in our village).

Defence: Do you know what the relationship between them was?

Witness: I do not know.

Defence: When did the peace committee and rajakar force form in Pirojpur town area?

Witness: I do not know.

Defence: Well, can you just tell us whether it was formed before/after the Pakistani force had come?

Witness: I do not know that.

Defence: What about Parerhat area?

Witness: Before the Pakistani army came.

Defence: Can please tell us the date when the peace committee and rajakar force was formed in Parerhat area?

Witness: On 3rd or 4th May I guess.

Defence: Can please tell us at which place, I mean in whose/which house/office?

Witness: I do not have any idea.

Defence: Who was the President of that peace committee?

Witness: I do not know.

Defence: Who was the General Secretary?

Witness: I do not know.

Defence: Well, how many members were in that committee?

Witness: I do not know that.

Defence: After (forming of peace committee) how many days the rajakar force formed in Parer Hat?

Witness: I guess 2/1 days later on.

Defence: Where? I mean at which place- house/office?

Witness: No idea.

Defence: Were the rajakars armed or not?

Witness: I did not see them carrying arms before the Pakistani army came.

Defence: Well, did the rajakars used to wear uniform?

Witness: I cannot remember that exactly.

Defence: Did the rajakars started torturing just after it formed?

Witness: No. Before the Pakistani army came, they just showed their power.

Defence: Apart from the names of the rajakars you have told previously, can you please tell the names of other rajakars of your area?

Witness: Yes- Ruhul Amin Ukil (advocate), Moslem Maulana and Momin.

Defence: Do you know rajakar Ruhul Amin s/o Anwar Hossain?

Witness: No.

Defence: Where did the rajakars set up their camp in Parer Hat?

Witness: At Fakir Das’s Building.

Defence: What was the date then?

Witness: 3rd or 4th May 1971.

Defence: Was Fakir Das real owner of that building?

Witness: Yes, he was the real owner of that building in 1971.

Defence: Can you please tell us, whether it was shop or homestead?

Witness: It was a homestead.

Defence: Where did Fakir Das go after Pakistani Army came to Parerhat?

Witness: He ran away hearing the news that Pakistani Army has come to Parerhat. The rajakars set up their camp in that empty house. Fakir Das and his family went to India and they came back after the war.

Defence: Did you know Fakir Das then?

Witness: No.

Defence: Had he got any issue/child?

Witness: Yes.

Defence: Do you know their name?

Witness: Jona Das. I cannot remember other’s name.

Defence: How many brothers do you have?

Witness: We are 6 (six) in numbers.

Defence: Are you the eldest?

Witness: Yes.

Defence: How far the market place is from your house?

Witness: I cannot tell you the exact distance. However, it is just 5-7 minutes’ walk to go there from my house.

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

Witness: We live in the same homestead.

Defence: What is your relationship with him?

Witness: He is my maternal cousin.

Defence: What is your relationship with Mofiz Uddin Poshari?

Witness: He my brother-in-law (maternal cousin’s husband).

Defence: He used to live in the same house as well?

Witness: No.

Defence: Then where did he live then?

Witness: On the other side of the river; at the village Badura; 2-3 roshi (1 roshi = 300 feet) away.

Defence: Where was his father-in-laws house?

Witness: That house I mentioned earlier is his father-in-law’s house. He used to live at his father-in-laws house.

Defence: Did the rajakars arson Mokhles Poshari’s house?

Witness: No.

Defence: Did the rajakars arson Alam Poshari’s house?

Witness: Yes.

Defence: Did the rajakars arson Jahangir Poshari’s house?

Witness: Yes.

Defence: Did the rajakars arson Manik Poshari’s house?

Witness: Yes.

Defence: Did the rajakars arson Mahabub Poshari’s house?

Witness: I do not know that.

Defence: Did the rajakars arson Chan Mia Poshari’s house?

Witness: Yes. He belonged to same homestead Manik Poshari’s. They are full brothers.

Defence: Did the rajakars arson Kanchan Poshari’s house?

Witness: Yes. He belonged to same homestead Manik Poshari’s. They are full brothers.

Defence: Alamgir Poshari is younger than Manik Poshari, right?

Witness: True.

Defence: Chan Mia Poshari, Jahangir Poshari and Kanchan Poshari are younger than Alamgir Poshari, right?

Witness: Not at all. They are younger than Manik Poshari.

Defence: Who is the youngest among the four- Alamgir Poshari, Chan Mia Poshari, Jahangir Poshari and Kanchan Poshari?

Witness: Alamgir Poshari.

Defence: How many jungles near Manik Poshari’s house?

Tribunal Chairman Justice Nizamul Haque: The hearing is adjourned until 2 pm.

After the lunch break Justice AKM Zaheer then told defence counsel Mizanul Islam that he will get only 20 minutes more for finishing his part of cross examination.

Defence: You have told that you used to live in the same homestead of Manik Poshari’s. There were 5 houses in that homestead including- 3 houses, 1 (kachari) living house and 1 store house. Now can you please tell us whether there was boundary wall around the houses?

Witness: No. There was no wall in 1971. There were boundary wall previously, however, that was completely damaged in the cyclone and flood of 1970.

Defence: What was the storing capacity of the store house (in mon)?

Witness: 1000/2000 mons (1 mon = 40 KGs).

Justice AKM Zaheer: Well, Mr. Jalil, there is a far difference between 1000 and 2000 mons.

Defence: 1000 or 2000?

Witness: 2000.

Defence: Was there in cow-shed in that homestead?

Witness: Yes. Outside of the homestead area.

Defence: How many cows and buffalos were there?

Witness: 20-25 buffalos and 15-20 cows and oxen.

Defence: Ibrahim Kutti was Shohid Uddin Poshari’s bodyguard, right?

Witness: No. He used to do household chores.

Defence: When did the family members leave the house?

Witness: Well, Shohid Uddin Poshari left the house 2/3 days earlier. And the women and children left the house on the day the homestead arson.

Defence: Alamgir Poshari was among the women and children, right?

Witness: Yes.

Defence: What about Manik Poshari?

Witness: He also left the house at that time.

Defence: Where did he go?

Witness: I do not know that.

Defence: How did the armies came?

Witness: They came on their foot.

Defence: Can please tell us how many of people came including rajakars?

Witness: 10 to 15 persons.

Defence: On which side of the jungle was where you hid on that day?

Witness: Eastern side.

Defence: And on which side Manik Poshari’s house situated?

Witness: It was a south-facing house on the northern side.

Defence: What about Alamgir Poshari’s house?

Witness: Same as Manik Poshari’s.

Defence: What about another house?

Witness: It was east-facing house on western side.

Defence: What about the store house?

Witness: It was west-facing.

Defence: What about the (kachari) living house?

Witness: It was south-facing.

Defence: In which house Ibrahim Kutti used to live?

Witness: In the kachari (living) house.

Defence: Did Mofiz Uddin Poshari also live with him in the same house?

Witness: Yes. Not only him but also some other servants also lived in the same house.

Defence: Can please tell us names among whom the rajakars distributed the rice and jute they got by looting at Manik Poshari’s house?

Witness: I cannot remember the names.

Defence: How long did the house burn after the arson?

Witness: Until evening. We can see the flames even after the evening.

Defence: After many days of that incident you met Manik Poshari?

Witness: After 4/5 days.

Defence: Where?

Witness: At his house when he came back home.

Defence: Where did you take shelter after your house was burnt?

Witness: At the Sundarbans.

Defence: When did you leave Parerhat for the Sundarbans?

Witness: After 6-7 days of the incident.

Defence: Where did you stay during these 6-7 days?

Witness: Here and there.

Defence: Did not you go to home during 6-7 days?

Witness: No.

Defence: Where did you meet Mofiz Uddin Poshar then?

Witness: At the Sundarbans.

Defence: After how many days?

Witness: After 15-20 days.

Defence: Did you not come back to your area before the victory?

Witness: No, I did not.

Defence: Was Manik Poshari’s house arson before 8th May 1971?

Witness: No.

Defence: Since when did you know Ibrahim Kutti?

Witness: 1-2 years before the war of independence; since he started working at Shohid Uddin Poshari’s house.

Defence: So you used to chat with him very frequently?

Witness: Not really.

Defence: Where was he from?

Witness: I never asked him that.

Defence: Was he married?

Witness: I do not know.

Defence: So you know Mofiz Uddin Poshari for long time?

Witness: Yes, from his childhood. He used to work for some days and then he used to leave.

Defence: After leaving the house, what did he use to do during the time when he did not stay at home?

Witness: I do not know.

Defence: Before 8th May 1971, was he ever arrested by Pakistani army?

Witness: I do not know that.

Defence: Manik Poshari has filed a case at Pirojpur Court. Do you know that?

Witness: No, I do not know that.

Defence: Have you seen or heard sub-inspectors Nur Mohammad and Azim Hawlader from Pirojpur police station came to Manik Poshari’s house?

Witness: I do not have any idea about that.

Defence: Did some TV crews from Dhaka go to your place before filing this case?

Witness: I did not see.

Defence: Do you know complainant of this case Mahbubul Hawlader?

Witness: Yes. He is commander of freedom fighters.

Defence: Since when you know him?

Witness: May be for 10/15/20 years.

Justice AKM Zaheer: 10/15/20 years? Here the differences too long.

Witness: For 20 years.

Defence: Since when you know Delu Shikder alias Delwar Hossain Sayedee?

Witness: Since he got married with Yunus Munshi’s daughter.

Defence: When did he (Sayedee) got married to her (how long before the war)?

Witness: 2/3 years before 1971.

Defence: What was his profession?

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

Defence: How long he used to do the same?

Witness: No idea.

Defence: He used to open his shop daily?

Witness: No, sometimes.

Defence: What was the location of his shop?

Witness: At the southern side of the marketplace; under the banyan tree.

Defence: Can you please tell us the name of the shopkeepers who got shops adjacent to his shop?

Witness: I do not remember.

Defence: Do you have any idea about his educational background?

Witness: No.

Defence: How long he continued his profession as a shopkeeper?

Witness: I did not see him after the war.

Defence: Well, did he continue his profession as a shopkeeper during the war?

Witness: I do not know because I left Parerhat for the Sundarbans.

Defence: You left in May so far you have told us. What about those days? Did you see him open his shop before you left Parerhat?

Witness: Well, he stopped opening his shop 15 days before it was war-like situation.

Defence: Where did he live then?

Witness: I do not know that.

Defence: When did you first see him after the war?

Witness: After 5-7 years.

Defence: Where?

Witness: At Parerhat marketplace.

Defence: Since then you see him frequently, right?

Witness: Yes.

Defence: Do you know the village Nol Bunia?

Witness: Yes

Defence: A person from that village named Shiraj was killed by Pakistani force during the war, do you have any idea about that?

Witness: No.

Defence: Have you heard that even after the war?

Witness: I cannot remember whether I have heard that or not.

Defence: Do you know rajakar Danesh Molla?

Witness: Yes. I know him.

Defence: Do you know rajakar Ayub Ali?

Witness: Yes.

Defence: Do you know rajakar Asrab Ali?

Witness: No.

Defence: Do you know rajakar Abdul Mannan?

Witness: Yes, I know him.

Defence: Do you know rajakar Kalam Chokider (village police)?

Witness: No, I do not know him.

Defence: Do you know rajakar Ruhul Amin (not Advocate Ruhul Amin) of Parer Hat?

Witness: Yes.

Defence: Do you know rajakar Abdul Hakim Munshi?

Witness: Yes.

Defence: Do you know rajakar Mumin?

Witness: Yes.

Defence: Do you know rajakar Moslem Maulana?

Witness: Yes.

Defence: Do you know Assistant Sub-inspector Shamsur Rahman of Pirojpur Sadar police station?

Witness: Yes.

Defence: All these people I mentioned above arrested Ibrahim Kutti, his brother-in-law Shiraj and his mother-in-law Setara Begum with assistance of Pakistani Army. And on 01.10.1971 acquitting Setara Begum they killed Ibrahim Kutti and Shiraj. Now I am saying, you know all these fact and concealing the same before the Tribunal intentionally, is that true?

Witness: Those are not true.

Defence: Jahanara Imam, Asif Nazrul, Shahriar Kabir and poet Sufia Kamal formed the Gono Tadanta (Mass Investigation) Commission in 1994. Did anyone of them or any person on behalf of him go to your area for enquiry about killing, rape or looting in 1971?

Witness: No.

Defence: Did you give any statement in respect of this crimes coming outside your area?

Witness: No, I did not.

Defence: Are you taking the benefit of government’s project named ‘one house, one farm’ for last 1 (one) year?

Witness: Yes.

Defence: The name your first wife is Sokhina, right?

Witness: Yes.

Defence: The name your third wife is Firoza, right?

Witness: Yes.

Defence: The name your second wife is Gole Noor, right?

Witness: Yes.

Defence: She filed a case against you on accusation that you demanded dowry from her, is that ture?

Witness: No.

Defence: Now I am saying, she filed a case against you under section 4 of the ‘Joutuk Nirodh Ain’ (Dowry Prevention Act), case No. 74/90 and you got bail under a aaposhnama (settlement deed) on the conditions that you won’t torture your wife, you won’t claim dowry from her, you will give due respect to her and you will provide adequate maintenance to her- is that true?

Witness: Yes, it is true. However, it was a false allegation.

Defence: Then you take her back to your own home, right?

Witness: Yes.

Defence: Then on 14.11.1990, your mother-in-law Motijan filed a case against you under section 307 of the Penal Code on the allegation that you had cut the throat of your wife by sharp knife. You were in jail custody for 7 months. Later on your mother-in-law Motijan withdrawn the case and you were acquitted then- is that true?

Witness: Yes.

Defence: Then on 19.02.1991, you, being the complainant, filed a murder case at Pirojpur Upazilla Court against your wife Golenur, mother-in-law Motijan, brother-in-law Adam, father-in-law Nektar Ali, is that true?

Witness: Yes.

Defence: In that complaint case, you gave your statement before the learned Magistrate Court under oath/affidavit- is that true as well?

Witness: Yes, that is true.

Defence: For the investigation of the case, it was sent to the Officer-in-Charge of Police Station, right?

Witness: Yes.

Defence: The Officer-in-Charge, in his investigation report to the Court, wrote that you filed the case on false allegation.

Witness: Not true.

Defence: Did he (Officer-in-Charge) ‘charge sheet’ in that case?

Witness: I do not know any update of that case because later on state become the plaintiff in that case.

At that time, there was a dispute between the prosecution and defence team. As the defence claimed that Officer-in-Charge reported to court that the allegation was false (he read out the report before the Tribunal) and the Court dismissed the case then. Defence counsel Mizanul Islam wanted to include the ‘false allegation’ in the notes taken by the judges. Initially judges did not agree with him, but then agreed to include it.

Defence: What happened then?

Witness: The case was then mutually settled down by way of mediation by the UP chairman, members and other respected men from our locality.

At this stage, there was change of defence counsel. Kofil Uddin came to the dais and he continued the cross examination afterwards. However, judges were reluctant to allow him to do this on the ground that his patterns of questions are same for every witness and were really unnecessary for this trial.

Defence: You went for fishing following the Bengali calendar months, right?

Witness: Yes.

Defence: So count the months as ‘Boishakh’, ‘Joishtho’ (first two months according to Bengali calendar), right?

Witness: Yes, that is true.

Defence: What was the date as per Bengali calendar on 8th May 1971?

Witness: I cannot tell that without counting it.

Defence: You got married for 3 times, can please tell us on which dates?

Witness: I do not remember those dates.

Defence: You wrote on the Kabin Nama (deed of marriage) of your 2nd marriage dated 05.10.1989 that you are just 30 years old, right?

Witness: I do not know.

Defence: Do you know what your name is?

Witness: (surprisingly) Abdul Jalil Sheikh.

Defence: What is your father’s name?

Witness: Majed Ali Sheikh.

Defence: Really? But in your marriage it is written that you name is Abdul Jalil Hawlader and your father’s name is Majed Hawlader.

Justice AKM Zaheer explained, “Normally, senior relatives give that information in the marriage deed. And Hawlader, Talukder and Jameender are not the surname basically. Those title were taken by those whose ascendants were landlords. Sheikh might be his surname.”

Defence: You have become a voter by filing up the form, duly signing it and your photo was being taken at that time, right?

Witness: Well, its my wife who filled up the form and signed on behalf of me.

Defence: Now I am saying, at various occasions and various ways you have used different names, father’s name, age and profession. And now by saying ‘I do not know’ you are giving false evidence concealing the truth, is that true?

Witness: What you are saying is not true.

Defence: When did you agreed to give statement about the incident of 8th May 1971? And who requested you to give the same?

Witness: Nobody request me. I went on my free will. Police just called me from my home then.

Defence: Did you try to know the where about of Mofiz Uddin Poshari on that day or the day after?

Witness: No.

Defence: Did you meet him afterwards?

Witness: Yes.

Defence: Did he tell you then how he escaped from rajakar’s camp?

Witness: No.

Justice intervened at this stage. He said to the defence counsel that the witness did not mention anywhere of his statement that Mafiz told him the same. Therefore, you cannot ask him that. I am alerting you not to repeat it again.

Defence: Well, Delwar Hossain Sayedee’s shop was on the footpath you said. Can you please tell us some names of shopkeepers who also had shop like that and/or adjacent to him?

Witness: No.

Defence: Who was the freedom fighter’s commander at your area?

Witness: No one.

Defence: What about rajakar’s?

Witness: There were lots of rajakars, however, I do not know who was the commander.

Defence: Do you know Delu Shikder s/o Rosul Shikder from Shikder Bari of Chila village?

Witness: No.

Defence: Do you know Delwar Hossain Mollik s/o Late Yousuf Ali Mollik from village Krishna Nagar? The freedom fighters arrested him and then sent him jail.

Witness: No idea.