Monday, July 2, 2012

14 Mar 2012: Molla charge framing 5

The proceedings started with the charge framing application on behalf of Abdul Kader Mollah, continued from the previous morning. [To read about the afternoon proceedings relating to the prosecutions reading out of the charge framing application concerning Motiur Rahmed Nizami, click here]

Advocate Md. Ali started by saying, that in response to the tribunal’s query about how it is a matter of fact that Mr. Abdul Kader Mollah was involved with Al-Badar, your Lordship may see page-9 of the Investigation Report.

Your Lordships, Mr. Abdul Kadir Mollah has admitted in the safe home that he was the secretary of the Islamic Student Alliance [Islamic Chatra Shangha] of Sahidullah Hall. [See- seizure List Page- 460, vol. Then he referred page- 460- 470 of the seizure list, vol-2]

Justice Nizamul Haq: Mr. Ali, now you are not giving the answer to our queries.

Ali said that It has been admitted that he was the secretary of the Islamic Student Alliance [Islamic Chatra Sangha].

Justice Nizamul Haq asked whether he had any evidence regarding his involvement with Islamic Student Alliance?

The prosecutor responded by saying, ‘Actually, Abdul Kader Mollah was a member of Al-Badar which was directly linked with Islamic Chatra Sangha. It may be good evidence.’

Justice Fazle Kabir: Actually you are totally unable to prove anything; even you cannot prove his involvement with the Islamic Student Alliance, which you have stated. Why do you submit anything which you cannot prove? And the matter is that everyone of Islamic Student Alliance were not involved with Al-Badar.

Advocate Md. Ali [Prosecutor]: My Lord, it is not a part of evidence. He has admitted the matter in the safe home.

Justice AKM Zaheer: Did you go to the office of the Provost of Shahidullah Hall to ask about his involvement with Islamic Student Alliance? You have not verified a report after its receipt. Is it admissible?

Prosecutor: My Lord, almost all the members of Islamic Student Alliance were the member of Al- Badar.

Justice AKM Zaheer: So you say, almost all the members of Islamic Student Alliance were the members of Al- Badar. Now, you have to provide supporting evidence regarding this matter.

Justice Nizamul Haq: It is known that the statement made before the Investigation Officer is not admissible. Have you brought any oral or Documentary evidence?

The prosecutor said ‘My Lord. We’re working on it.’

[In the meantime when a member of Special Branch of Police was peeping through the Court in a very informal manner, then the Justice called him up and accused him for his informal attitude and asked him to be present at the tribunal with his official uniform rather than any casual dress.]

Justice Nizamul Haq: Okay, Come to the count no- 1 of the formal charge.

Justice Fazle Kabir: What is the proof of your first formal charge?

Justice Nizamul Haq: You have stated that the Pakistan Army has dragged the martyr Pollob from Mirpur- 01 no section to mirpur-12 no section. It covers almost 3 kilometers area. Don’t you found any witness from this area regarding the incident?

Prosecutor: They are not available. There were a lot of non-Bengali people.

Justice Nizamul Haq: As per your referred book ‘Ekattorer Juddhaporadhider Bichar’ written by Mr. Shahriar Kabir. From this book you’ve found the incident as you have mentioned in count no: 1. So, someone has narrated the story to the book writer; now don’t you think that the Investigation Officer could go and ask him regarding the matter.

Prosecutor: Md. Fazar Ali who is a resident of Mirpur section-11 has informed about the matter to the Investigation agency.

Justice Fazle Kabir: As you have mentioned the incident in your count no:1 whether it has been included in the aforesaid book?

Prosecutor: Yes My Lord. [Then he started reading out the book]

Justice Nizamul Haq: What is the publishing date of the book?

Prosecutor: It has been published on 2007.

Justice AKM Zaheer: Now I would like to ask you have quoted from the book about the big graveyard which has been found in Shialbari of Mirpur. Don’t you think Investigation was needed before the citation?

Justice Nizamul Haq: Anyone can talk with the writer Shahriar Kabir about the location of the witness. The Investigation Officer could talk with him. It suggests that the documents have been submitted without any investigation.

Justice AKM Zaheer: You are also able to scrutinize a document to improve it. There are lots of evidences in favor of your case. But certainly we would not give you the direction to use those.

Prosecutor: My Lord, I would like to read count no: 5

It was 29th March, 1971, Location: Mirpur-10 Bus stand, Jollad-khana. On that day, Mr. Abu Talib coming from Arambagh; went to visit his house at Mirpur and found the house burnt. After watching this when he started towards Arambagh, he was killed in the direct leadership of Abdul Kader Mollah.

Nature of Offences were- 3(2) (a)(c), 3(2)(a)(g). It was involving the offences of attempt, abetment and conspiracy.

Please look at Serial No: 21 of Seizure List, Page-132, Shekh Shariful Islam (Serial No-21) stated … [Here the Justice Interfered]

Justice AKM Zaheer: Why did you include the names of 105 witnesses here in this particular case where they are not relevant with this case?

Prosecutor: We’ve included their names here to emphasize the points, who were the victims, how they have been tortured, who were the perpetrators…etc.

Justice AKM Zaheer: The names which have been included in the document are not relevant to this case, but you have included the names here.

Prosecutor My Lord, just to give the clear and general picture of that time, we’ve included the names.

Justice Fazle Kabir: By getting busy with this, you have forgotten to insert the original background of the accused.

Prosecutor: My Lord, he not only abated, not only collaborated but he has killed lot of person. Your Lordship may please look at page-41 of count: 05.

Justice Fazle Kabir: Mr. Ali, please let me highlight the matter of involvement of Mr. Abdul Kader Mollah with Islamic Student Alliance. Look at the statement of Dr. Hasan at page-25 where he has told about the involvement of Mr. Abdul Kadir Mollah.

Prosecutor started reading out the page

Justice AKM Zaheer: You could just highlight his involvement with Islamic Student Alliance other than making the matter complicated by invoking the issue of his involvement with Al-Badar?

Prosecutor: My Lord, I would like to relate section- 4(1) of ICT Act-1973 here. [Then he read out the section]

Justice AKM Zaheer: Why do you want to relate the section 4(1) here? Do you want to state that- Pallab’s killing would fall under this? Whether it has been stated anywhere that- the killing was done under the direct involvement of Abdul Kader Mollah? Read count-1 of formal charge.

Advocate Md. Ali [Prosecutor]: [He read out.]

Justice AKM Zaheer: Now, show us- whether there was any joint liability.

Prosecutor: My Lord, it has been presumed from his previous act of ordering.

Justice AKM Zaheer: You cannot make any mere presumption.

Justice Nizamul Haq: Go to Count No: 2.

Advocate Md. Ali [Prosecutor]: [He started reading out]

Justice Nizamul Haq: Here you have referred to a report from the Daily Bhorer Kagoj and a book of Shahriar Kabir, which has been published on 2007. Why did not you refer any other books or papers which have been published in 1971/ 1972? You may go to any news archive to collect the news clippings of 1971 about the killing of Poet Meherunnisa.

Justice AKM Zaheer: There is lot of documents about Poet Meherunnisa on the Newspapers of 1972.

Prosecutor then read out count no: 5

Justice Fazle Kabir: Mr. Ali, if the killing was done by following his order then why do you invoke section-4(1), and why not section- 4(2).

Prosecutor: In his presence the killing has been happened, so I have invoked here section-4(2).

My Lord I would like to read Count no: 6. Here he has mentioned the atrocities committed on 25th November, 1971, by the leadership of Abdul Kader Mollah with his companions on the Village Ghatarchar.

Then I would like to read count:7 Then he narrated the atrocities as has been mentioned in the formal charge. Where the Pakistan Army has landed at the village Alabdi and surrounded the whole village from the western and eastern corner with the leadership of Abdul Kadir Mollah. And they started killing.

Justice Nizamul Haq: If you’ve tated here that the collaboration was done by the Bengali community, in that case we could take the matter under the ICT ACT- 1973 section-3; but you have mentioned here with the involvement of non-Bengalis and Biharis, Abdul Kadir Mollah did those killings.

Barrister Fariduddin Khan [Defence Counsel]: My Lord, I’m starting to introduce myself as a newly appointed defence counsel on behalf of the petitioner. I need some times to take preparation.

My Lord, I would like to highly challenge the formal charges which has been presented by the Prosecution, because they have altered some points when they have presented it before the Tribunal.

Justice Nizamul Haq: It is assumed that there was a mere attempt to prove the accused as a member of local Al-Badar, by calling him as a member of the group in several places. Right now, at this stage we’re not considering his leadership with Al-Badar.

Justice Nizamul Haq: [Passing Order]

Accused Abdul Kader Mollah has not been produced before the tribunal. Part of the submission of the Prosecution of the formal charge has been done already. At this stage Mr. Fariduddin Khan appearing on behalf of the petitioner stated that- he needs time to take preparation. With this submission, we’re allowing him some times for taking preparation.

The next date for hearing on this matter was given as 21 March 2012

The Court is adjourned till 2 P.M.

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