Thursday, July 5, 2012

14 May 2012: Chowdhury 1st witness cross exam day 1

(For those looking at the blog in date order, this post should have been posted before the posts those dealing with 15 May! Apologies)

After the first witness in the Salauddin Quader Chowdhury case, Professor Anissussaman completed giving his evidence in chief to the tribunal,  Fakrul Islam for the defence then started his cross examination of the first witness in the trial of Salauddin Quader Chowdhury
Defence: I’d like to ask you some questions?  
Witness: Yes.  
Defence: Where is your birth place in Kolkata, India?  
Witness: Park Circus, Kolkata.  
Defence: You took asylum in India with your wife and daughters . You have referred to some points like this from your book “Amar Ekattor” during the conversation you had with the Investigation Officer.  
Witness: I didn’t refer. I’ve just told her about it. There are some words about this on my book.  
Defence: Now I would like to show you page-96 of your book. 
Justice Nizamul Huq: No, Mr. Counsel. You can’t show him the book as the book has not been produced before the tribunal. You will proceed on with your cross examination on the basis of your evidence. If you would like to ask question about birthplace; simply proceed on with that.

Defence: Your birthplace is not in Kolkata. You have stated several places as your birthplace in several references.  
Witness: In my book, at first my birthplace was mentioned as Khulna, afterwards it as amended in 1996.  
Defence: How come you did those amendments?  
Witness: At the time of preparing my passport for the first time in 1955, Khulna was stated as my birthplace. Afterwards in 1996 I’ve applied towards the Home Ministry for amending the birthplace.  
Defence: During the preparation of making your passport for the first time at 1955, you have stated Khulna as your birthplace with the affidavit. [To the people in court: You will see; he has stated how many lies in how many places.] 
Justice Nizamul Huq: Mr. Counsel; mind your language. He is a respectable person and a witness. We’ve to show him due respect. Otherwise serious action will be taken against you for uttering such types of words. This is not a petty Magistrate Court, that you will do such kinds of misconduct.
Defence: You have said different things in different places about staying at Kolkata with your wife and daughter.  
Witness: When the question about my wife and daughter has been asked, I’ve mentioned them. Otherwise without any question I didn’t make any comments about them.  
Defence: At the time of partition of India in 1947, did your family leave India towards the East Pakistan?  
Witness: Yes.  
Defence: Did you have your own dwelling house in India?  
Witness: No. We resided there at a house on a rental basis.  
Defence: Did your family have any property in India?  
Witness: There was a house of my Grandfather under Mohammadpur Police Station District: Chobbish Porgona, Boshihat Mohkuma in India. 
Defence: Do you know anything about the amount of property.  
Witness: No. And the residue of the property is being enjoyed by the children of my paternal uncle.  
Defence: State something about your earlier educational institutions.  
Witness: We reached Khulna at 1947. At 1948 I continued my education at Khulna Government School for 1 year. Then I get admitted at Prionath High School. Then I’ve passed the Matriculation Examination at 1951.  
Defence: After the partition, you have left the secular India towards the East Pakistan as a refugee.  
Witness: Yes. The people who have left India might be termed as refugee, but my family has not claimed anything from the Government by using the refugee status.  
Defence: Do you know how many Muslims left East Pakistan from India?  
Witness: They were numerous in number.  
Defence: Did you need any passport at 1947 to leave the country towards another?  
Witness: No.  
Defence: Whether there was any necessity to hold an entry pass as a refugee?  
Witness: No it was not needed then.  
Defence: When did you formally became a citizen of Pakistan? 
Justice Nizamul Huq: By law he became a citizen. You might not ask such types of questions again and again Mr. Counsel.

Salahuddin Quader Chowdhury started asking the Chairman why these questions can’t be raised, raising his voice, shouting the name of the Chairman and asking the same question and asking him not to do injustice.]

Justice Nizamul Huq then passed the following order (summary)
During the cross examination of the Prosecution witness Professor Dr. Anisuzzaman by the defence counsel Fakhrul Islam, there arose some different law points so the Tribunal was required to interfere. It was found that the accused is trying to interfere, though the accused has got his own counsel. In presence of his counsel an accused can’t talk. We repeatedly requested the accused about this. In previous order the accused had to leave the court room for his misconduct.  
We order the accused for the last time to keep himself quiet otherwise we will pass the same order again in this case.  
The tribunal is adjourned today for this case and opens  tomorrow at 10:30 A.M. 

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