14 May 2012: Sayedee IO cross exam day 8

After the session relating to the cross examination of the first witness in the Chowdhury trial took place, and following lunch, the tribunal continued with the cross examination of the investigation officer in the Sayedee case

At the start of the afternoon session, Justice Nassim told that court the following: I want to say one thing to the prosecution as well as to the defence. During the examination-in-chief, lawyers for the defence should keep quiet and in cross-examination the lawyers for the prosecution should also keep quiet. If any other party has any objection then it should raise their hand seeking permission of the tribunal. If there is any irrelevant question then Tribunal is there to look after the matter.

Judge Zahir Ahmed also said to the witness that he should carefully answer the question. ‘If you do not understand you may ask for clarification. But do not answer without understanding the question. We may not allow you to change a statement. ‘

The cross examination of the investigation officer continued by the defence counsels Mizanul islam (to see the previous day)

Defence: Did you tell me whether the shop of Madon Saha is situated at North-South alley?

Witness: Yes.

Defence: In 1971, the shop situated at the left of the shop of Madon Saha belonged to whom?

Witness: I do not know.

Defence: In 1971, the shop situated at the right side of the shop of Madon Saha belonged to whom?

Witness: I do know.

Defence: Shop across the road belonged to whom at that time?

Witness: I do not know.

Defence: Whether there were any other shops besides this one?

Witness: Yes, there were shops of Makhon Saha, Bipod Saha, Nagorbashi Saha.

Defence: How long was the distance between the shop of Nagorbashi Saha and the Shop of Madon Saha?

Witness: I do not know.

Defence: Who is the present owner of Madon Saha’s shop?

Witness: Mizanur Rahman khan is the present owner and the name of the shop is Masers Dihan Store.

Defence: How did he became the owner of this shop?

Witness: By purchasing this shop, he became the owner of it.

Defence: When did he purchase it and to whom he purchase it?

Witness: I do not know.

Defence: How long was Madon Saha the owner of that shop?

Witness: I do not know.

Defence: When did he get the ownership?

Witness: He got the ownership before the Liberation war but he went to India at the end of liberation war.

Defence: How did you come to know that he went to India?

Witness: From many people I have heard it; a person named Gouranga is one of them.

Defence: Do you know in which state of India he lives?

Witness: No, I did not collect any information in this regard.

Defence: You did not include the present owner Mizanur Rahman khan as a witness of the case.

Witness: No, I did not.

Defence: Who are the owners of the shop situated at right and left side?

Witness: I do not know.

Defence: Who is the present owner of Nagarbashi Saha’s shop?

Witness: Nasir Mawlana is the present owner.

Defence: In which year did he get the ownership?

Witness: I do not.

Defence: Do you know at present where Madon Saha is?

Witness: I do not know. He went to India during liberation war, then he did not come back.

Defence: Who is the present owner of the house and shop of Bipod Saha?

Witness: Son of Bipod Saha is the owner of his house and shop.

Defence: What is his name?

Witness: Ram Saha. He has another two brothers and one sister. Two brothers are physically handicapped.

Defence: Is Ram Saha included as a witness of this case or not?

Witness: I questioned him but we did not include as witness.

Defence: How old he is?

Witness: He is near about 50 years old.

Defence: Could you please tell us the date of interrogation.

Witness: No, I did not record the date of interrogation.

Defence: Can you tell us about the age of his elder brothers?

Witness: No, I can not.

Defence: Are they married?

Witness: I do not know.

Defence: At present where does Bhanu Saha live?

Witness: I do not know.

Defence: Did you try personally to know where does he live?

Witness: Yes but I could not manage to find out.

Defence: Who is the present owner of the shop of Makhon Saha.

Witness: Delwer Hossain and Shapon Saha is the present owner.

Defence: How did Delwer Hossain became the owner of this shop.

Witness: He became the owner by purchasing this shop.

Defence: Where is Makhon Saha?

Witness: He also left for India during the Liberation War.

Defence: Madon Saha also did not come back to Bangladesh?

Witness: No, he did not come back.

Defence: Delwer Hossain and Sapon saha is not included as witness of this case.

Witness: Yes, they are not included as witnesses of the case.

Defence: Relatives of Makhon saha, Bipod Saha, Nagorbashi Saha and no member of this village included as witness of this case.

Witness: Yes, no one is included as witness of the case.

Defence: Could you please tell us, regarding those shops situated at left and right side of shop Makhon Saha, whom did they belong?

Witness: On the left there was a building of Fakir Sas and on the right there was a shop of Bipod Saha.

Defence: Who is the present owner of the Fakir Das Building?

Witness: Shukkur is the present owner.

Defence: How old is he?

Witness: He is near about 40 years old.

Defence: Did you question him and include him as witness?

Witness: Yes, I have questioned him but did not include him as witness.

Defence: In this film it is exhibited that Delwer Hossain Sayedee was arrested for sedition. Did you investigate who was petitioner of that case and what was the consequence of that case?

Witness: During investigation I have come to know that he was arrested under the Special Power Act and after that he was released by filing a writ petition.

Defence: That means, there was no case of sedition.

Witness: I do not know.

Defence: In 1975, when was he arrested and when he was released?

Witness: I do not know as it was not mentioned in my report.

Defence: Did you want to collect the memoranudum of the arrest?

Witness: No, I did not.

Defence: You intentionally are hiding the truth that you did not collect the memo because this memo did not contain the case of seditious matter.

Witness: It is not true.

Defence: In 1975, after the fourth amendment of the constitution the provision of writ petition did not exist in our constitution that time.

Witness: It is not true.

Defence: Did you collect any information which has been exhibited in this movie film that Delwer Hossain Sayedee filed a petition in the lower court then in the High court division regarding the election held in 1996 and after that it was stayed at appellate division of the Supreme Court?

Witness: It is not true.

Defence: You know the facts that the case is stayed at Appellate Division that is reason you hiding truth knowing the facts.

Witness: It is not true.

Defence: Do you know whether there is any governmental organisation in Bangladesh and Indian Sub-continent to declare a person as “Allama” (religious designation)

Witness: I have no idea in this regard but I have come to know that a person without having P.H.D cannot be designated an “Allama”

Defence: Did you ask the Khatib (religious designation of a person at mosque called khatib) of Baitul Mukkram Mosque in this regard?

Witness: No.

Defence: Did you send any letter to the authority of Islamic University at Kustia to know when the designation Allama is given?

Witness: No.

Defence: Did you send any letter to the Islamic studies department of Dhaka University, Dhaka alia mosque, Deoband Mosque in India in this regard?

Witness: No.

Defence: Did you hear the name of Saikhul Hamij Allama Azizul haque.

Witness: Yes.

Defence: Did you take any information whether the organisation of U.S.A which declared Mr. Saydee as “allama” has any state recognition or not?

Witness: No, I did not do it.

Defence: ETV illegally got the license of telecasting and for that reason this was declared as illegal by the Highest Court of the Bangladesh. Do you know it?

Witness: No, I did not know