20 Feb 2012: Sayedee 27th prosecution witness

The tribunal first dealt with the examination in chief and cross examination of witness number 27 in the case against Sayedee (nb: the cross examination of witness number 26, Professor Abed, continued on 4 March), and then subsequently continued with the charge-framing against Gholam Azam. This page deals with the evidence of witness number 27. To read about the charge framing of Azam, go to this page.

The witness took an oath and the examination in chief was started by the prosecution.

Prosecution: What is your name?

Witness: Saif Hafijur Rahman.

Prosecution: How old you are?

Witness: I am 65 years old.

Prosecution: What do you do?

Witness: I was the parliament member in 1986 and 1988. I am the president of Noraels Lawyers Association for 6 terms.

Prosecution: Where did you live in 1970, 1971?

Witness: I was the student of law at University of Dhaka and my residential hall was S.M hall.

Prosecution: Can you tell us about the incident of 1970 and 1971?

Witness: 1970’s election was the expression of distressed people of East Pakistan. Discrimination between the East Pakistan and West Pakistan created agitation among the people of East Pakistan. Awami league won the majority seats at that election but Pakistani Military machinery was very much unwilling to hand over the power. Then Bangabandhu Sheikh Majibur Rahman called for movement for non-cooperation. In one point he declared independence and said “This movement is for independent, this movement is for freedom”

Prosecution: What was the relation between you and Shahid Saif Mijanur Rahman? What did he do?

Witness: He was my elder brother and he was appointed as Magistrate and deputy-collector of Pirojpur.

Prosecution: What was the condition of Pirojpur then?

Witness: Like other places of Bangladesh, the people of the administration who were the supporter of liberation and started taking preparation for Liberation war.

Prosecution: Who were the supporters of liberation in Pirojpur?

Witness: SDO-Faizur Rahman, Acting SDO-Abdur Razzak and Magistrate-Saif Mizanur Rahman.

Prosecution: What was happened with your brother?

Witness: My brother was arrested by Pakistan army on 5th may and after that he was killed by them.

Prosecution: What did you do after getting the news?

Witness: I, along with my father and my younger sister went to Khulna to meet with my sister-in-law (brother’s wife). Though she was exhausted mentally still she told us about the incident of Pirojpur. Then we left Khulna for Pirojpur.

Prosecution: Then what happened?

Witness: We met with Khan Bahadur Afjal and Razakaar Munnaf was also there. He described to us about the incident. He said, your brother was arrested for supporting the liberation war and taking out arms from the treasury. Before being killed he was asked to say “Long live Pakistan!” but he said “joy Bangla” [Joy means victory] then he, along with 2 others were taken to the bank of Dholeshshori River and firstly they were injured by a grenade and finally killed by brush fire. Their dead bodies was thrown out to the river.

Prosecution: From where they were arrested or by whom?

Witness: When my brother was arrested, Delwar Hossain and Munnaf was in the car. After arresting they were taken to the bank of Dholeshshoriy River.

Prosecution: From whom had you heard it?

Witness: I heard it from Afzal Hossain and other people from Pirojpur that Delwar Hossain Sayedee and Munnaf were actively involved in killing, arson, looting in Pirojpur. (This answer was taken after considering the objection from the defence side)

Prosecution: Do you know any thing else regarding Delwar Hossain Sayedee?

Witness: At that time he was known as Delwar Hossain but now he is now known as Delawar Hossain Saidee.

Prosecution: Can you identify Mr. Delwar Hossain Sayeedee?

Then Justice Nizamul Huq said that identification for known figures was not required.

Thus examination –in-chief was completed. The Cross-examination was opened by the defence Mr. Mizanul Islam.

Defence: Do please tell us, whether Khan Bahadur Saied Mohammed Afzal Hossain was a freedom fighter?

Witness: No, he was not a freedom fighter?

Defence: At first Peace committee was formed in Pirojpur on 7th may in 1971 under his leadership. Is that true?

Witness: No, it is not true. Peace committee was formed before 7th may but it was under the leadership of Khan Bahadur Saied Mohammed Afzal Hossain

Defence: Was any news published yet regarding the formation of peace committee?

Witness: No.

Defence: Do you know in which month the peace committee was formed?

Witness: I can not say any specific date, however; it might be end of the month of April.

Defence: When Pakistan Army first came in Pirojpur?

Witness: From hearsay, it was on 3rd May.

Defence: Was Pirojpur under the full control of freedom fighter before Pakistan army had entered into the Pirojpur?

Witness: Pirojpur was not under the full control of freedom fighter. Rather, Razakar and the freedom fighter both were trying to establish their full control over the Pirojpur.

Defence: Do you know that the treasury was looted two times. First there were arms looting on 27th March and then money looting on 3rd May.

Witness: No, it was not true. I can not remember the exact date, however; these looting were done on the same day.

Defence: Was there was any superior officer in Pirojpur?

Defence: No. There was no superior officer.

Witness: Razaakar Bahini was formed by cancelling Anser Act.

Defence: Yes.

Witness: Did they were used to wear any uniform?

Defence: I do not know.

Defence: Do you know when Razkaar Bahini was formed in Pirojpur?

Witness: No.

Defence: After the independence of Bangladesh, district wise history of 1971 was written by Government and Non-government organization. Is that true?

Witness: Yes, I have heard it.

Defence: After the independence of Bangladesh, a book was written by Hasan Hafizur Rahman which is named as “Documents of Liberation war” ( Shadinater dalil patro)

Witness: I have heard it but I did not read it.

Defence: Dr. Mohammad Mafizullah, former Pro V.C. University of Dhaka. . Have you heard the name of this person?

Witness: No, I have not heard the name.

Defence: Dr. Sallauddin Ahamed, Professor: department of history, University of Dhaka. Have you heard the name of this person?

Witness: No.

Defence: Dr. Anisuzzaman, professor: Department of Bangla, Chittagong University. Have you heard the name of this person?

Witness: Yes, I have heard it.

Defence: Dr. Enamul Huq, Director of Dhaka national Museam. Have you heard the name of this person?

Witness: Yes.

Defence: Dr. Ahmed Sharif, Professor: Department of Bangla, University of Dhaka. Have you heard the name of this person?

Witness: Yes, I have heard it.

Defence: Whether above-mentioned any of them was against Liberation war?

Witness: I do not know.

Defence: Whether Hasan Hafizur Rahman was against Liberation war?

Witness: No, he was not.

Defence: From which party were you the Parliament member in 1986 and 1988.

Witness: From the Jatiya Party.

Defence: In 1986 and 1988 election, Can you tell us, whether Awami league and BNP participated at that election?

Witness: No, They did not participate.

Defence: When you had first heard the news of your brother’s death?

Witness: I can not remember the exact date.

Defence: Can you tell us, how many days later you had heard it?

Witness: Most probably, 10 or 15 days later from the date of incident.

Defence: When did you go to Khulna, after getting news?

Witness: I can not remember.

Defence: How many days did you stay at khulana?

Witness: We did not stay there. After meeting with sister in law we left Khulna.

Defence: What is the name of your Sister-in law?

Witness: Lutfun Nahar.

Defence: At the time of your death, did your sister in law reside with your brother?

Witness: Yes, she was in Pirojpur then.

Defence: How many days did you stay in Pirojpur.

Witness: Only 1 day we had stayed there.

Defence: Where did you live?

Witness: At hotel.

Defence: Can you tell us the name of that Hotel?

Witness: No, I can not remember.

Defence: Where did you meet with Mr. Afzal?

Witness: At his home, I, along with my father and sister went to his home.

Defence: Did you go Munnaf House?

Witness: No, I saw him at Afzal’s house.

Defence: Did you go Police station in Pirojpur?

Witness: No.

Defence: Persosn opposing Liberation was either arrested or flew away after liberation. Is that true?

Witness: Yes.

Defence: Did the opposition party have any power to protest inside the country then?

Witness: No, they did not able to do it openly but secretly they were associated themselves.

Defence: Was there any news published in newspaper from 16th December 1971 to 15th august 1975 regarding their secret association?

Witness: No.

Defence: Did you attend any meetings of the Anti-liberation Party?

Witness: Never ever.

Defence: Did you file any case of your brother’s death before 15th august of 1975?

Witness: No, it was not possible since the situation was not like that.

Defence: Did you take any action against this genocide, war crime and your brother’s death when you were a parliament member?

Witness: No, I did not take any legal step. However, mass-investigation commission (Gono tadanto parishad) officer Mr. Mukul sent a form to me in this regard and after filling I had sent it by post

Defence: Where was their office situated?

Witness: I do not know as I have sent it by post.

Defence: Is there any copy of it?

Witness: No.

Defence: Do you know Mr. Faizur rahman and son-in-law (daughter’s husband) Mr. Advocate Ali Haider?

Witness: Yes, I knew him as he was the friend of my elder brother.

Defence: Is he alive?

Witness: May be.

Defence: Was he against the independence?

Witness: No.

Defence: He was permanent in Pirojpur then?

Witness: I do not know surely.

Defence: Have you heard the name of Ayesha Faizur wife of SDO Faizur Rahman?

Witness: Few days ago I have read her name in a newspaper.

Defence: Mrs. Ayesha Faizur filed a case against the killing of her husband and two others at Pirojpur Police Station, after taking out the dead body of Faizur Rahman from the grave and doing a the post-moretem then?

Witness: I do not know it.

Defence: Have you any idea about the arrest of war criminals and filing case against them after Liberation?

Witness: No.

Defence: In 1984 “Documents of Liberation war” was written by Hasan Hafizur Rahman by collecting millions of documents of liberation. Do you know it?

Witness: I have heard it but I never read the book.

Defence: At part 8, 9 and 10 of this book, Mr.Ali Haider Khan has written about the people who were in favour or who were in opposition of liberation, he has mentioned their name and their description in this book and the description of the appointment of freedom fighters also and specially, the incident of killing of your brother along with two others in Pirojpur.

Witness: I do not know as I never read the book

Defence: Actually you are willingly hide the real truth as the name of Mr. Sayedee is not mentioned anywhere in this book. Is that true?

Witness: No, It is not true.

Defence: Whether there is any book which was written describing the incident of Pirojpur?

Witness: I do not know.

Defence: Delwar and Delwar Hossain Sayedee, these two persons are different .That is why you intentionally hide the truth. Is that true?

Witness: No, It is not true.

Defence: When did you give your statement to the investigation officer?

Witness: I can not remember the date.

Defence: Where did you give your statement?

Witness: At my house in Norail.

Defence: Did your sister Afroza Banu give her statement ?

Witness: Yes.

Defence: When?

Witness: I do not know.

Defence: Have you heard the name of Major Ziauddin?

Witness: Yes, I have heard but never met with him.

Defence: He has written a book on Liberation war. Have you heard of it?

Witness: No, I did not hear it.

Defence: Were you the member of Awami-league or any other political party during the war?

Witness: Yes.

Defence: Until 1974 were you the member of NAP?

Witness: Yes.

Defence: In 2009 when you were president of Norail lawyers association, a resolution has been passed in this regard that “no lawyers move a case on behalf of indigenous people against you” and this news was published in Prothom Alo, dated, 25th July 2009.

Then the court is adjourned till 2pm.

Defence counsel Mizanul Islam continued with the cross examination.

Defence: On 25th July 2009 the daily Prothom-Alo published a report against you alleging that you have forcefully took over the lands of indigenous people and they quoted a false resolution of Narail Bar Association and you have admitted before the Tribunal by way of cross examination that you had sent them a letter protesting that report to be published in the newspaper. And you have further admitted that they did not publish that letter. Now can you please tell us, did you take any legal action against them for not publishing the same?

Witness: No, I did not.

Defence: You have been to Pirojpur once after your brother expired, is that true?

Witness: Yes, that is true.

Defence: Now, you have said in your deposition that you have come know that Delwar Hossain is known as Delwar Hossain Sayedee – when did you come to know that?

Witness: About 12/14 years ago.

Defence: And you have heard the same at Narail, right?

Witness: Yes.

Defence: Who told you the same in Narail?

Witness: I cannot remember his name right at this moment.

Defence: Did you try to verify that after hearing that Delwar Hossain is known as Delwar Hossain Sayedee?

Witness: Yes. Before this case initiated.

Defence: During that verification process at Pirojpur, did you meet anyone who told you the name of Delwar in 1971?

Witness: No.

At this stage there was a change of defence counsel. Counsel Monjur Ahmed Ansari came to the dais and continued the cross examination.

Defence: You have said in your examination in chief that, you have heard from Khan Bahadur (title given by British government) Afzal Hossain that when your brother was arrested Delwar Hossain and Munnaf was in the car – you have not told the same to the investigation officer (IO), is that true?

Witness: Not true. I have told the same to IO.

Defence: You further said, “After making further enquiry, I came to know from Khan Bahadur Afzal and other people that Delwar Hossain was directly involved in all looting, killing, raping and arsoning at Pirojpur in 1971.” However, you have not told the same to IO, right?

Witness: I have told the same to IO.

Defence: The then Delwar Hossain is now known as Delwar Hossain Sayedee – you have not even told the same to IO.

Witness: I have told that to IO.

Defence: Now I am saying, knowingly the incidents mentioned in the first 2 questions you are giving false deposition before this Tribunal – is that true?

Witness: It is not true.

Defence: And you said, “I have heard the name of Delwar Hossain at that time and later on I have come to know that he is now known as Delwar Hossain Sayedee.” – this is also false deposition.

Witness: Not true.

Defence: You were involved in anti-Awami league movement during 1971-1974, is that true?

Witness: I have said I was involved with the politics of another party, however, I never said that I was involved in anti-Awami League movement.

Defence: If you were not involved then just say, ‘No’.

Witness: No, I was not involved in anti-Awami League movement.

Defence: Later on you joined Jatiyo (National) Party, right?

Witness: In 1986; after long time.

Defence: To be a Member of the Parliament (MP) and to get other facilities, you have joined Awami League, is that true?

Witness: It is not true.

Defence: Now I am saying, being directed by central leaders of the Awami League, you have given false deposition in a malicious case because Sayedee is a central leader of party of different ideology – is that true?

Witness: Not true.

Thus the cross examination of the prosecution witness was finished.

Prosecutor Haider Ali drew to the attention of the fact that the witness is a learned senior lawyer and six times elected President of Narail District Bar Association and he was not well-respected by the defence counsels who asked him humiliating questions during the cross examination. They should have asked for his permission before asking such a question.

Tribunal chairman Justice Nizamul Huq did not agree with that. He said, “This Tribunal is fully aware to protect the dignity of the witness and I do not think any such question have been asked. Previously a member of parliament came before this Tribunal for making deposition and no such question of disrespect was even raised upon asking same sort of question.”

Defence counsel Mizanul Islam said, “My lord, I took his permission during the launch break. I explained to him ‘I might ask some questions you might be hurt however it would be for the interest of my client which is my prime concern. You are a senior lawyer, I hope you understand that.”

The witness then said, “It is ok. They did not ask any such questions disrespectful to me. Whatever, they have asked it was for the interest of their client. I did not mind.”

Finally the witness said, it was fine for him however, he requested not to ask such type of questions to the next witness who is his sister.

The Tribunal adjourned the matter until 22nd February