10 Jul 2012: Chowdhury 6th witness cross exam, day 2

Tribunal one
After dealing with issues relating to Sayedee, the cross examination of the prosecution witness Nirmal Chandra Sharma who gave evidence against Salauddin Quader Chowdhury continued. This follows on the previous day's hearing.

Defence: Are you an APP of the Chittagong District Court?

Witness: Yes I have been appointed as an APP in the period of this Government and working on the same post till date.

Defence: You have mentioned about Daru Mia. How many children did he have?

Witness: I don’t know.

Defence: You have mentioned yesterday that Daru Mia died. Did you attend his funeral?

Witness: No.

Defence: You are concealing the truth by saying he is dead. Actually he is alive.

Witness: As far as I know he has died.

Defence: From whom you have got the information of his death?

Witness: I have heard from Shadhon Uncle, whose father’s name is Mr. Shaymol.

Defence: You have mentioned about one Shadhon Uncle yesterday, what is his father’s name?

Witness: Mr. Suresh.

Defence: You have uttered a Kolema yesterday, whether you have mentioned it to the Investigation Offficer?

Witness: Yes.

Defence: What is the name of the road which starts from the Rangamati road to your house?

Witness: There is no name for this road.

Defence: Where is the road Mobarelkhil located at?

Witness: It starts besides the Gohira School and goes towards the south side.

Defence: Whether it was raining on the day of incident; i.e. 13th April, 1971?

Witness: No.

Defence: Where you gave water to your injured father, as you have mentioned yesterday?

Witness: At the place of incident, it was approximately 7.00 P.M. /7.30 P.M.

Defence: Whether the place of incidence was shadowed with darkness?

Witness: Yes, there was no light.

Defence: Whether you have worked at the Court as an Advocate Commissioner?

Witness: Yes.

Defence: Whether you do civil practice?

Witness: I do both practices- civil and criminal.

Defence: You are the APP of 7th Additional Sessions Judge Court.

Witness: Yes.

Defence: When did your brother reach to the place of incidents after the occurrence?

Witness: Approximately after 1 hour.

Defence: Whether you and your brother have tried to move your father from the place?

Witness: No. He was a healthy man and was so injured, it so not possible to move him.

Defence: How many people were living at your area, Sharma Para on 1971?

Witness: Approximately 60/70 people.

Defence: Whether you have shouted loudly after the incidents?

Witness: No. We were crying in a low voice and left the place.

Defence: Do you know, whether the Army has returned for the second time on that day?

Witness: I don’t know.

Defence: Whether you have taken any information about the visit of the Army for the second time?

Witness: No.

Defence: Whether anyone of your neighbors has visited the place of incident within 1 hour of the occurrence?

Witness: No.

Defence: How many rooms were there at the front side of your house?

Witness: 2/3 rooms.

Defence: Who were the owners of those rooms?

Witness: My uncles Dr. Makhonlal Sharma, Jotilal Sharma, Horipod Sharma, Suresh Sharma- belongs those rooms.

Defence: Who was Ms. Bipula?

Witness: I had an aunty named Bipula. She was residing near Kundeshwari Oushodhaloi which was situated at a 2 miles distant place from our house.

Defence: Whether you have talked over telephone with Mr. Profullo Chandra Singha within 7/8 days?

Witness: Yes.

Defence: Whether Chondroghona is located under Rangunia Police Station?

Witness: No.

Defence: There is a big Christian Missionary Hospital of Dr. Tailor at Rangunia?

Witness: Yes I have heard about that.

Defence: You and your brother went to India; then who was taking care of your father?

Witness: My elder sister who was mother of my deceased nephew Dulal was taking care of him.

Defence: Whether your father was cared by treatment?

Witness: No, because on that- it was too risky for the Hindu people to move here and there. He has taken some local medicine.

Defence: Whether you have taken him to the doctor after returning from India?

Witness: No.

Defence: The house of ABM Mohiuddin CHoudhury and Ali Chodhury’s one is the same house.

Witness: No.

Defence: Have you asked Bimol, where did he go at such a morning on the day of occerence?

Witness: He went for shopping at shop located near the south side of our house.

Defence: What is the name of the owner of that shop?

Witness: I don’t know.

Defence: I say here, Bimol was staying at the home on the day of incident.

Witness: Not true.

Defence: Whether you were a voter from the village Gohira?

Witness: I was a voter before many days.

Defence: When did you last visit Gohira?

Witness: In 1978.

Defence: Your brother Bimol is a respectable man in your area.

Witness: I don’t know.

Defence: How many Army men have you watched at your house on that day?

Witness: 5.

Defence: In total what was the number of Army men there?

Witness: I don’t know.

Defence: What is the distance between the rooms of your and Makhonlal’s one?

Witness: It is almost adjacent, partitioned by a fence.

Defence: What is the height of the fence?

Witness: Approximately 6 hands high.

Defence: The inner portion of the room of Makhonlal was not visible from your room because of the partition of the fence.

Witness: Yes. But that was visible from the Balcony.

Defence: You had not stepped up at the Balcony when the Army came.

Witness: Yes I had not gone there, as I was eating rice.

Defence: whether Makhonlal got any medical treatment?

Witness: As far as I know, No.

Defence: On that time where did his wife stay at?

Witness: At the room.

Defence: Now where does she reside at?

Witness: After 4/5 years of the incident, she got second marriage and went to her in laws house.

Defence: Now who stays at Makhonlal’s room?

Witness: His nephew. I can’t recall his name right now.

Defence: You have told that you were passing beside a Mosque towards India? Whose Mosque was that?

Witness: Now it is late Advocate Rofik’s house’s mosque.

Defence: Did you meet someone beside the mosque when you were passing at the time of prayer?

Witness: No.

Defence: You have said that you have sat over a high land beside your house; whose property was that?

Witness: Once it was owned by us, but in 1971 it was owned by Mr. Yakub Ali.

Defence: For how long you have stayed there?

Witness: From 8:45 P.M. to 9:00 P.M.

Defence: Whether there was any paddy field near the high land?

Witness: No, then it was an empty place.

Defence: Whether you have met anyone, when you were sitting over there?

Witness: No.

Defence: When you have returned home for the second time, what time was that?

Witness: Approximately it was 7:30 P.M.

Defence: Whether the cremation ground of your area was located at the Boro Pukur Ghat?

Witness: Yes.

Defence: What was the distance of the cremation ground from your place.

Witness: It was at the south-eastern side and the distance was 50 to 60 yards.

Defence: Whether have you arranged any funeral for your deceased family members?

Witness: No.

Defence: I say, the matter of the visit of your nephew Dulal at your house and the incident of his death is a false statement.

Witness: Not true.

Defence: You and your brother have departed towards India before 13th April, 1971.

Witness: Not true.

Defence: Your brother Sunil has one daughter named, Amrita and a Son named- Gopal at India.

Witness: Not true.

Defence: When did you last go to India?

Witness: In 1988.

Defence: Whether on 12th April, 1971 you have gone to Hathajari Boro Pukur Par?

Witness: No. But I have gone before.

Defence: That was the road to go to your house.

Witness: There was other road also.

Defence: Look, you have said in the examination in chief that- ‘There was a resistance center of the liberation craving people to resist the Pakistan Army, which was situated at the north side of the Hat-hajari Thana Dighi- located under the Hat-Hajari Police Station, Rangamati Road- which is running towards the Chittagong District.’— You have not mentioned the matter to the Investigation Officer.

Witness: I can’t remember.

Defence: “On 12th April, 1971 the Pakistan Army has crossed the resistant center and reached the Hat-Hajari Bus Station. After getting the news we became very much puzzled.”—You have not mentioned this words to the Investigation Officer.

Witness: I can’t remember.

Defence: “After getting the news we became very much puzzled. After the Hat-Hajari Bus Station no resistant center was being formed. We have passed the 12th April, 1971 with a great anxiety.”—You have not mentioned the words to the Investigation Officer.

Witness: I can’t remember.

Defence: ‘On that night we were unable to decide where we would go for shelter. On the next morning mother said to us- “we don’t know where we should go, but take some rice before leaving the house.’—You have not mentioned this to the Investigation Officer.

Witness: Not true.

Defence: ‘At that time me, my brother Shunil Sharma, Nephew- Dulal Sharma, Father- Joyonto Sharma were taking preparation to have some meal before leaving the house. Right at that moment we have heard an announcement from the Mosque of Hanif Khondokar, which was situated at the north side of the Rangamati Road.’—You have not mentioned anything about this to the Investigation Officer.

Witness: Not true.

Defence: ‘After hearing this announcement we got some relief. In the mean time my elder uncle Jotilal Sharma who has left towards Hat-Hajari with family has returned home after listening the announcement.’—You have not mentioned anything about this to the Investigation Officer.

Witness: Not true.

Defence: From whom you have got the news that the Pakistan Army has reached?

Witness: I have heard about this at Gohira Choumohoni.

Defence: Have you met any respectable person at Gohira Choumohoni on that day?

Witness: I can’t recall.

Defence: ‘After that we all have started taking meal and my mother was serving the foods for us.’—you have not mentioned it to the Investigation Officer.

Witness: Not true.

Defence: ‘At the last stage of our meal, we have watched that- Salahuddin Quader Chowdhury along with the armed forces have arrived at our doorstep.’—You have mentioned it to the Investigation Officer.

Witness: Not true.

Defence: ‘Among those armed group one has confirmed that- “No worries, we will not kill you. Step out from the room.’—You have not mentioned it to the Investigation Officer.

Witness: Not true.seeing Salahuddin Quader Chowdhury at your doorstep on 13th April, 1971.

Witness: Not true.

Defence: A group of evil minded people had insisted and make you learn to say these words.

Witness: Not true.

Defence: ‘When I have just stepped down from my room, they have shouted at me- “Hands Up”. I have raised my hands. Three soldiers had come forward to me. Among those two were coming forward by triggering their guns.’—You have not mentioned it to the Investigation Officer?

Witness: Not true.

Defence: ‘Then I thought that- if I try to start resisting, in that case they will kill all of our family members and will burn our house. On that time my mother, fathers, brother, uncle, nephew all were crying loudly.’—You have not mentioned that to the Investigation Officer.

Witness: Not true.

Defence: When you were standing on the line who were standing on your left and right side?

Witness: I was standing at the north side of the line then Jotilal Uncle was standing next to me.

Defence: Whether you all were standing or sitting on the line?

Witness: At first we were standing after that on their instruction we have sat down on the line. My father was next to my uncle, then my mother was next, my nephew was at the lap of my mother, then my brother Sunil was sitting next to our mother and Uncle Makhonlal was sitting at his side and was shouting.

Defence: Where was the Pakistan Army standing at?

Witness: Next to 7/8 yards from us.

Defence: Whether you were sitting very closely?

Witness: Yes.

Defence: What was the distance between all of you?

Witness: I can’t recall.

Defence: For how many times they have shot down brushfires?

Witness: 2 times.

Defence: How many Army men were involved at Brushfiring?

Witness: 1.

Defence: Whether he has changed the Magazine?

Witness: I don’t know.

Defence: The statement of Brushfire by the Pakistan Army is a false statement.

Witness: Not true.

Defence: What was the duration in between the two sets of Brushfires?

Witness: I can’t recall, but it was not a long duration.

Defence: When you have returned home for the second time, whether you have watched the sign of bullets over the ground?

Witness: It was dark place, so it was not possible to watch that.

Defence: You, your brother and nephew have left toward India before the day of occurrence and stated false words about the invasion of the Army.

Witness: Not true.

Defence: Your father- mother and Uncle all have met natural death after the liberation war.
Witness: Not true.

Defence: So that you have not collected any death certificate from the Union Cpuncil Office.

Witness: Not true.

Hearing adjourned till the afternoon. Afterwards the tribunal continued with the same matter

Defence: Whether there was any person in your area who had seen Salahuddin Quader Chowdhury in your area on 13th April, 1971?

Witness: I cannot tell the name of any person.

Defence: In which side of the house is that of Jotilaal Shorma’s situated?

Witness: It is adjacent to my house and in north side.

Defence: He died naturally after the Liberation War?

Witness: It is not true.

Defence: Did you know whether his wife Pramila is living in that house or not?

Witness: She lived here but whether she is now living or not, I do not know.

Defence: What did Jotyilaal do?

Witness: Jotyilaal was a tailoring master.

Defence: How far a distance was the fence from the balcony of your house?

Witness: It is in North side and 10 to 12 yards distance.

Defence: In which side is the house of Makhon laal situated from your house?

Witness: It is adjacent to my house and situated in north side.

Defence: Were the house of you and the house of Jotylaal and makhonlaal situated in opposite.

Witness: No these were in side by side.

Defence: Whether there was any other house just opposite to yours?

Witness: No, there was no other house.

Defence: You have said about corridor, Would please tell me how long distance it was?

Witness: Yes, tt was 2 or 2 and half feet high.

Defence: You have said about a narrow road between you and the house of Makhon laal and Jotylaal. Would you please tell us the width of that corridor?

Witness: It might be 2 and half or 3 feet.

Defence: Did you see any advertisement on newspapers that the investigation agency is seeking those persons who have knowledge upon the Liberation war.

Witness: I do not know.

Defence: The way from Chittagong to your house was muddy path during the Liberation war.

Witness: Yes.

Defence: Pakistan Army came with a car and stopped before your house.

Witness: I did not see any car.

Defence: Did you see them when they were going back.

Witness: Yes, they were going back on foot.

Defence: They were coming to your house through the road.

Witness: They were coming from the west side and way back to the east side.

Defence: Who was beside you?

Witness: My uncle Joylaal shorma was with me.

Defence: Did Pakistan Army surround your house?

Witness: No.

Defence: Did you get any sound of firing and fighting while army coming to your house?

Witness: No.

Defence: In which business you were doing during the Liberation war?

Witness: I cannot say.

Defence: Have you seen that Pakistan army coming from the west and going to the east side?

Witness: Yes.

Defence: When did they leave your house?

Witness: After 10 or 15 minutes later

Defence: Who helped you to take your injured father inside the house?

Witness: No one since there was no person.

Defence: Where did you complete your S.S.C?

Witness: From Gahira High School.

Defence: Where did you complete your H.S.C?

Witness: I cannot say.

Defence: Where did you complete your Graduation?

Witness: From city College.

Defence: In which Year?

Witness: I cannot remember.

Defence: Did you go to the village Gorduara of Haathazari?

Witness: It was on 13th April.

Defence: Who lived there?

Witness: My Aunt (mother’s sister) was living there.

Defence: What was the name of your Uncle and Aunty?

Witness: I cannot remember at this moment.

Defence: Did you get the Inheritance certificate from the Union Council?

Witness: No, I did not get.

Defence: Did you go Gorduara on foot?

Witness: Yes.

Defence: When did you back to your house?

Witness: At 7 or 8pm.

Defence: Did you meet with Kaji Farid within those 9 months.

Witness: No.

Defence: Did you meet with Mr. Kristto son-in-law of Natun Chandra in India?

Witness: No, even I did not know him.

Defence: On 26. 8.2012, the Investigation Officer met with you.

Witness: I cannot say the date exactly.

Defence: How many times you have met with Investigation Officer?

Witness: Total three times.

Defence: Where did you meet with him?

Witness: I have met with him at the circuit house Chittagong.

Defence: You did not show that said place to the Investigation Officer.

Witness: Yes because I did not go to my village.

Defence: Nearghata is situated in which side of your house.

Witness: It is in the North-east side.

Defence: There was living and now there continues to live many Muslim people at the way to Rangamati to your houses.

Witness: Yes.

Defence: Did you tell the incident of 13th April to those Muslims?

Witness: I did not tell it anyone; they knew it as they had come to see our house at that time.

Defence: How many days later after that incident they came to your house?

Witness: After returning from India I heard that they had come to see my father.

Defence: Would you please tell us the name of five persons who came?

Witness: They were Kaji Farid, Danu Uncle, Kamal Uddin, Abdul Khalek and others.

Defence: They all are alive.

Witness: No, they have all died except Kamal Uddin.

Defence: Particularly upon which sector Dr. Makhon Laal Shorma was involved?

Witness: Basically he was village doctor; he had a pharmacy in Khondokia market of Haathazari village.

Defence: Did you tell it to the Investigation officer that your uncle Makhon Laal Shorma was heavily injured.

Witness: I have said.

Defence: When did he die from the date of Incident.

Witness: I cannot say.

Defence: When did you reach at Sabroom?

Witness: On 16th April.

Defence: Whilst going to India, did you take food from one of your relatives house? Would you please tell us the name of that relative?

Witness: His name is Jadu Mahajan.

Defence: Whether children of Jadu mahajan were alive.

Witness: Yes.

Defence: Did you tell them that incident?

Witness: No as they knew it before.

Defence: Whether they went to India with you?

Witness: No, they came a few days later.

Defence: Who was the sector commander of sector no. 1?

Witness: I do not know.

Defence: You were not fighting for liberation under the sector no.1.

Defence: “At that time two soldiers started coming forward and after getting them close all of my present family members started crying loudly by holding their legs” You did not tell it to the investigation officer

Witness: I have said.

Defence: “At that time me, my brother- Sunil Sharma, my uncle- Jotilal Sharma, younger uncle- Makhonlal Sharma surounded Salahuddin Quader Chowdhury and other soldiers and broke out crying, some of us have hold their legs. They have instructed us to stand in a line. We were not moving for making a line at first, afterwards when we apprehended that there would be great damages if we won’t follow the instructions. Then we have started standing on line. Then Salahuddin Quader Chowdhury and other soldiers have gone back from 15 hands step from us and instructed us to sit down. They were standing by facing at the east side. They have started taking the preparation of Brushfiring over us by slightly moving at the south-western angle. Just before they started brushfiring I fell down, they have brush-fired for two times. I was lying there numbly, because if I would stand up they might shoot me. When everything became silent I have heard a sound of someone moaning. Then I rose up and saw that- Salahuddin Quader Chowdhury and other soldiers were moving towards the eastern side”. You did not tell it to the I.O.

Witness: I have said it.

Defence: “Then I saw a bullet has pierced the left side of my mother’s stomach and all the intestines have come out. [Crying] She has lost her soul already” You did not tell it to the I.O.

Witness: I have said.

Defence: “My younger Uncle Makhonlal Sharma was having a heavy injury on his head by bullet after sometimes he died”. You did not tell it to the I.O.

Witness: I have said.

Defence: “My father was a healthy man. His left hand was heavy injured by bullets. He got injured in his left thigh by the bullets and his bone got broken. After listening the sound of bullets and fire, my other brother who was out of home at the time of incident came home and saw this massacre. At this above circumstance me and my brother fled away from the place and crossed the Halda River and reached the Gorduara village under Hathajari Police Station and stayed there for the whole day” You did not tell it to the I.O.

Witness: I have said.Defence: “My father was asking for water in a very low voice and was instructing us leave the place. We have served a pot of water to our father and left the house. Then we sat on the high land of the right side of our house and I was thinking whether I am in a bad dream or is it a reality. At 8:30 to 9:00 P.M. we were trying to cross the Rangamati Road to go towards the North side” You did not tell it to the I.O.

Witness: I have said.

Defence: “There was a house at the north side of our house; the owner of the house was Mr. Ali Chowdhury. We have observed that a slight beam of light is coming from their holes of the fence of the house. By following the light we went towards the front side of the house. By listening our call, the residents have taken us inside. They were taking preparation for sleeping. They have let us lie on their bed. But we all were unable to sleep in the night. The residents were just thinking- how they could let us leave the place safely. There was a man named Daru Mia, we used to call him Daru Uncle. He has waked us up from sleeping; he has stated that if you stay longer here, in that case all of us would get in trouble. Then he has put two caps over the head of me and my brother and wore another cap over his head” You did not tell it to the I.O.

Witness: I have said.

Defence: “The people who have gone to India from Bangladesh were being given a pass. After receiving a pass from there we have took shelter in a school. After that we went to Agortola from Sabrum. At the Agortola we were at the shelter of my friend” You did not tell it to the investigation officer

Witness: I have said.

Justice Nizam: We have said that you will be given three sessions. This is the last session and time is already going to be over.

Defence: My lord, if you say like this then how can I will continue? I am not used to doing like this manner.

(Then by gathering up all his documents and papers he left the dais)

Justice Nizam: We have allotted three sessions for you, now if you do not complete it I have said it before that I have to pass an Order at the end of the day. We have had passed an Order setting the time limit and now we are passing another Order as the third session is expired.

Justice Nizam: Would you like to pass the Order now?

Defence: Yes, my lord.

Justice Nizam: It could go either way.

Justice Zaheer: Why don't you continue until 4:30pm and then we shall see. Do continue until 4:30pm then if you are not able to complete, we will see.

Then the defence lawyer went to the dais for completing the cross-examination within the day.

Ahsanu-Haq-Hena: On 13th April Your father, brother, uncle, mother, nephew no one was killed and injured.

Witness: it is not true.

Defence: In your house Bimol, your mother was in your house but you, Sunil were not in the house.

Witness: It is not true.

Defence: Dr. Makhon laal and your father no one was injured. You are giving false statement in a false case.

Justrice Nizam: Why you have asked this question?

Defence: My lord, I am going to complete my cross. I have to complete it today.

Justice Nizam: Mr. Hena stt down and take rest. (Tribunal chairman repeatedly said counsels to take his seat)

Ahsanu-Haq-Hena: My lord, I am well and I have to complete it today.

Justice Nizam: Mr. Hena please take your seat and your face does not indicate that you are well. Just please tell us how much time you need to complete the cross examination.

Defence: I need 1 and half hours to complete.

Justice Nizam: Mr. Hena, you are here to assist us.

Order Given by Justice Nizam (summary)

Justice Normal Chandra was produced before us by the prosecution to give evidence of this case. Under the Act and rules we are authorised to regulate time management. We have stated categorically both of the parties the reasons for it.

In examination-in-chief, we allotted two sessions but it took one sessions to complete the Chief. After the completion of Examination-in-chief and before the starting of cross examination, I have seen the volume recorded by us. After that we have allotted three sessions to the defence although we are of the view that doubled time will be given to the cross examination. Only seeing the gravity of the offence we allotted three sessions to the defence.

Ahsanul-Haq-hena started cross examination yesterday but because of not taking proper preparation cross was stopped on 3:30pm and thus he could not avail to cross half an hour from the usual time, So we consider for fair trial time should be given to him.

Today, it is smoothly continued. We found that Mr. Hena is not able to complete it today then we ask him and he requires 1 and half hours.

We intends to continue it today but seeing his health condition we inclined to allow him adjournment today and allow Mr. Hena to start cross-examination 10:30 to 12:00am tomorrow with this the matter is adjourned.

Justice Nizam: Mr. Hena, there is no reason to become angry. I do not want to say anything but the way you reacted is really……(just shake his head)

Mr. Hena: My lord, I am not angry but I am a human being.

Thus the court is adjourned.