Friday, July 6, 2012

27 May 2012: Sayedee IO cross exam day 12

After the end of the testimony provided in the Chowdhury trial, in the afternoon the cross-examination of Sayedee's investigation officer  by the defence counsel Mizanul islam continued
Defence: Did you know when the Book “Associates of Pakistan Army” has been published?

Witness: No, I do not know.

Defence: In this book there are 44 persons mentioned among them 43 persons has no relation with this case.

Witness: Yes.

Defence: You have seized the newspaper Daily Janokantha 5th march 2001 and it has been exhibited in exhibit no. 6.

Witness: Yes.

Defence: You have seized a total 27 newspapers from 1st march 2001 to 31st march 2001 as series of newspaper and these are exhibited in exhibit no.122. Among these newspapers the exhibit no. 6, exhibited again in exhibit no.122.

Witness: Yes.

Defence: Newspaper exhibited on exhibit no.6 and exhibit no.122 are the same.

Witness: Yes, these are same newspaper. Firstly this was seized as a single newspaper and secondly as series of newspaper.

Defence: Did you have any idea about exhibit no. 122 when you were seizing newspaper of exhibit no.6.

Witness: No, I did not have any knowledge that time.

Defence: Exhibit no. 28 and exhibit no. 128 are same newspaper?

Witness: Yes.

Defence: Did you analyse the newspaper Daily janakantha dated: 5th March 2011.

Witness: Yes, I have analysed this newspaper and after analysing chronologically I have divided this newspaper into 13 parts.

Defence: Did you tell us whether this report (5th march 2001 daily Janokantho) has been compiled by one person or more than one person?

Witness: It was done by the reporter of the Pirojpur assigned by Daily janakantha. His name was Shafiul haq Mithu.

Defence: Is he alive?

Witness: Yes, he is alive.

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

Witness: No.

Defence: Did you comparatively analyse the report of Daily Newspaper dated: 5th March 2001 and the books “Associates of Pakistan Army”.

Witness: No, I did not.

Defence: “After the liberation war he (Delwer Hossain saydee) fled away and then he came back in 1985 and started different religious meeting” written in this book and you have analysed this book. Now my question is, do you know whether this sentence is in the book of “Associates of Pakistan Army”?

Witness: Yes.

Defence: In this book (Associates of Pakistan Army), there are three incidents relating to Delwer Hossain Saydee, one occurred in 6 month of Liberation War another was occurred in 8 and other was on 9 month according to the report of Newspaper dated on 5th March 2001.

Witness: Yes, only name of the month is mentioned date is not mentioned here. 
Justice Anwarul Haque: Why you asking question from the Book “Associates of Pakistan Army” as this book is not exhibited before the Tribunal. You should confined to question on the report of 5th March 2001. It is not necessary for him have to read the whole book. So, I do not think that, it is very urgent to ask question upon this Book.

Defence: Investigation officer has included this book in his series of report. And he admitted that he has analysed the books. Therefore, I think it is his moral and legal duty to read the book.

Justice Anwarul Haque: I think, it is not relevant here to ask any question upon this book as he has not referred anything from the book.

Justice Nizamul haque: Prosecution has used the this documents against the accused. So, it is natural that accused will try to underweight the report of the newspaper. This book has been anlysed by the investigation officer. Therefore, for fairness of trial procedure we allow defence to ask question upon this book.

Haider Ali: My lord, we did not exhibit this book before the Tribunal and did not use this book as evidence also.

Justice Nizam: Mr. investigation officer has said that he analysed that book. So, defence has the right to cross-examine all of the things which are relevant here. This book has got value here when the investigation officer said that he analysed the books. Accused has the right to cross-examine the findings of the newspaper.
Defence: In 8th month of Liberation War it was assumed that Gopal Banik was arrested and killed by Pakistan Army.

Witness: Yes.

Defence: Brother of Mr. Himangshu Ganapati Hallder, educationist Anwer Hossain, Nurul islam khan, E.P.R Subeder Abdul Aziz was killed.

Witness: Yes, everything was mentioned in the newspaper daily janokantha.

Defence: Name of Advocate Ali Haider Khan, Advocate Abdur Razzak, Mr. Aluddin Kaiser, chairman, Parerhaat union council and Mr. Anwer Uddin Ahamed is mentioned in this newspaper.

Witness: Yes.

Defence: Did you investigate the “incident of killing” which are mentioned at the newspaper.

Witness: Yes, I have investigated but opinion is not given.

Defence: To whom you have seized the newspaper exhibited in exhibit no.6?

Witness: I have seized it from the witness Rabiul Anam Khan, catalogue. PIB.

Defence: How come you know from the book “Associates of Pakistan army” that the newspaper is in the PIB?

Witness: It is general sense that all newspaper could be found at PIB.

Defence: Newspaper Daily Janakantha was started its publication from the 21st February 1992.

Witness: I have no idea.

Defence: In 1971, Daily Ittefaq, Daily Inquilab, Daily Pakistan, Daily Azad, Daily Shongram, daily Purbadesh, Daily Poigaam, Daily Bagban (published in Urdu), Daily observer and Dhaka Times was published.

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