3 July 2012: Azam 1st witness cross exam day 2, am

Tribunal one

The tribunal members took their respective seats but Justice AKM Zaheer Ahmed was absent.

Recalling previous day's orders
Justice Nizamul Huq: We have passed two orders yesterday. We would like to recall those orders. He said that regarding the application for books for Sayedee we received a list of six books but we will allow only three. The defence counsel is directed to confirm which of the three books Sayedee should get.

Regarding the application for home cooked food the accused should first file application to the jail authority. If the Jail Authority rejects the application then only then can we consider an application for home cooked food.

Zead Al Malum: My Lord, I would like to draw your kind attention to let the cross examination be confined to the matters arising out of the examination in chief, and for the purpose of veracity of a fact.

Mizanul Islam: It seems that my learned friend is alluding something about me. During the argument your Lordship would kindly consider what is relevant or not. If you think during the cross examination that something is not relevant, in that case please let me know. But as for the necessity of the case I can go through Technaf to Tetulia across the country, because the case involves all the areas.

Cross examination of Azam witness one (continued)
The cross examination of Muntassir Mamun then continued with Mizanul Islam asking the questions on behalf of the defence

Defence: Whether during the liberation war of 1971, you were doing classes at the University of Dhaka?

Witness: After the start up of the liberation war till the victory we didn’t attend any classes.
Defence: What were your subsidiary subjects?

Witness: English and Political Science.

Defence: During the time of the examination in chief you have said that the topic of your research was about the East Bengal (at present Bangladesh) and its society, culture, politics, capitalism and the liberation war. Now tell me during the period of Moghal and British regime whether East Bengal was under any province or not?

Witness: I think it’s not relevant to answer.

Justice Nizamul Huq: It is not relevant as well as not required.

Zeyad Al Malum: He should confine his questions about the matter of Bangladesh and liberation war.

Defence: Whether the deprivation over East Bengal started since Moghal Period or from 1947.

Witness: I don’t find it relevant to answer.

Defence: It is the jurisdiction of the Court to fix, which is relevant or irrelevant.

Witness: I really don’t find it relevant to answer and it is not a question to be answered by one or two sentences.

Justice Nizamul Huq: Mr. Mamun, you could please answer whether the deprivation has been started before 1947.

Witness: During the partition of the states in 1947 we had a desire that there would prevail equity but it has not been maintained so the matter of deprivation has been created. And the deprivation which was prevailing before 1947 was sustaining among the group of “have or have not”- so the deprivation before this time was totally different and not comparable.

Defence: Before 1947 how many Commissioned Officers were there in the Indian Army from the East Bengal?

Witness: I don’t know.

Defence: How many first class gazetted officer were there in the Indian Civil Service and Bengal Civil Service from East Pakistan?

Witness: I don’t have any idea.

Defence: Whether there was any Jute mill before 1947 in East Bengal?

Witness: I don’t know.

Defence: Whether there was any heavy industrial unit at the East Bengal before 1947?

Witness: I don’t know.

Defence: The East Bengal and Sylhet of Asam area will be the part of individual State Pakistan- the majorities of peoples have choose that.

Witness: Yes.

Defence: There was no one among those who have been elected as the representative of Muslims who were involved with Jamate Islami.

Witness: As far as I know- there was no one.

Defence: During the Pakistan period Jamaat-e-Islami was in no manner possessed of the power of the Government.

Witness: Yes.

Defence: Before 1971, Awami League, Muslim League and Military Rulers were in the power of the Government.

Witness: Awami League was a part of Joint Front of East Pakistan and in that manner it was in the power and the Muslim League and the Military Rulers has also possessed the power.

Defence: Whether the first Constitution of Pakistan has been adopted by everyone’s consent?

Witness: There were opinion from all the parties but it is assumable that after the adoption of the Constitution everyone have accepted that.

Defence: Mr. Hossain Shahid Sohrawardi and Sheikh Mujibur Rahman were members of the council for preparing the Constitution.

Witness: Yes.

Defence: Afterwards there was another committee for adopting the Constitution of Military regime, of which Mr. Justice Abu Sayeed Chowdhury was a member.

Witness: I don’t know.

Defence: Awami League took part in all kinds of elections under basic democracy.

Witness: I don’t know.

Defence: Several political wings like PDM, COP, DAK have been formed during the moment of movement against Ayub Khan Government.

Witness: Yes.

Defence: Fatema Jinnah was a candidate in the Presidential election against Ayub Khan.

Witness: Yes.

Defence: She was a candidate from COP?

Witness: Yes.

Defence: Awami League and Jamaat-e-Islami both were there under COP?

Witness: Yes.

Defence: And they were taking role as the joint opposition party at the parliament.

Witness: I don’t know.

Defence: Who were the political leaders of the opposition party in the Pakistan National Council and East Pakistan Provincial Council for the last time during the regime of Ayub Khan?

Witness: I don’t know.

Defence: Almost all laws in Bangladesh have been promulgated in the British Period.

Witness: I don’t know.

Defence: You have referred a lot of books in the “Muktijuddho Kosh” which has been edited by you.

Witness: Yes I have referred so many write-ups of several writers there.

Defence: On the 2nd volume (page 90-91) and of the 5th volume (reference chapter, serial- 491) you have included a part of write up from the book of autobiography of Mr. Gholam Azam. Did you get the permission from him?

Witness: No, because I have already referred the matter in the acknowledgement note that I have tried to get the permission from the authors but due to the lack of several things like time or unavailability of the person we hereby acknowledge the writers here. It is applicable for the references. [Then the typist has written the relevant paragraph from the acknowledgement note in the record.]

Defence: Have you mentioned the explanation about the reference in the book?

Witness: I didn’t think it necessary.

Defence: As the matter has been recorded so we asking for verification.

Justice Nizamul Huq: Mr. Counsel, you are relying upon the book, whether you have deposited the book under section-19(5)?

Defence: The new rules of procedures states to confine the cross examination within the matters of Chief Examination and permits other questions for veracity.

Justice Nizamul Huq: We are still of the view that the book is to be submitted under the relevant Act.

Defence: You have not passed any order yet.

Justice Nizamul Huq: Okay proceed on.

Defence: You have got the best teen writer award on 1966, what was the topic of the write up.

Witness: It was about a conversation with a ship.

Defence: There was no mentioning about forming a secular State in the six point declaration.

Witness: Yes there was not.

Defence: The general election of 1970 has been held under LFO of Military dictator.

Witness: Yes.

Defence: There was not any fixed term for the Parliamentary election under LFO.

Witness: I don’t know.

Defence: Whether there was any proposal in the LFO that- the Ministerial council would be formed from the members of this council.

Witness: I don’t know.

Defence: The one and only duty of this council was to adopt Constitution.

Witness: I don’t agree.

Defence: Whether there was any rule in the LFO that the national council will be obsolete if the President doesn’t agree with the Constitution which has been adopted under the National Council?

Witness: I don’t know.

Defence: Whether there was any rule that the national council will be terminated if no Constitution would have been adopted within a certain timeframe.

Witness: I don’t know.

Defence: Whether there were some rules in the LFO that- the Constitution ought to have been adopted under some Islamic Principles.

Witness: I don’t know.

Defence: Whether Sheikh Mujibur Rahman has made any statement against the election which ought to have been held after reserving some rights.

Witness: I don’t know.

Defence: In the 1970 general election Awami League has won 167 seats, but you have said that Jamaat-e-Islam, PDP and Muslim League has provided the most number of candidates.

Witness: I can’t tell it without reading the relevant documents.

Defence: What was the percentage of vote which the Awami League has got in 1970 election?

Witness: I don’t know.

Defence: There was no oath in the election manifesto of Awami League for forming a liberated country.

Witness: Yes.

Defence: Sheikh Mujibur Rahmanand Awami League didn’t consult with the other political parties from the same stand about the declaration of Independence.

Witness: I don’t know.

Defence: The declaration of independence didn’t reach the knowledge of mass people due to the reason of the weakness of the medias and the censorship of Pakistan Government.

Witness: Not true.

Defence: You have mentioned that you were living there at Mirpur in 1969, who was the elected member from the area?

Witness: Mr. Johir Uddin.

Defence: He is an Urdu spoken non-Bengali.

Witness: I am not sure.

Defence: Without joining the liberation war, he has assisted the Pakistan Army.

Witness: I don’t know.

Defence: Just for joining the liberation war, many members of the General Council have been cancelled by the Military dictator, but Mr. Johir Uddin didn’t lose his membership.

Witness: I can’t answer without checking the documents.

Defence: For joining the liberation war, the Pakistan Government has cancelled the membership of several members of the General Council, and arranged a sub-election?

Witness: I don’t know. As there was no existence of General council, so the election has been held.

Defence: Whether there was a sub election at Mirpur?

Witness: I don’t know.

Defence: For adopting the Constitution of 1972 “Gono Porishod” has been formed.

Witness: Yes.

Defence: The members of ‘Gono Porishod’ have been elected as the members of national and provincial council at the 1970 election.

Witness: Yes.

Defence: But the members who were against the liberation war have not been included as the members of Gono Porishod.

Witness: I can’t say about it without checking the papers.

Defence: How many members were there at Gono Porishod?

Witness: I can’t say about it without checking the papers.

Defence: Whether Mr. Johir Uddin was the member of Gono Porishod?

Witness: I don’t know.

Defence: Whether Mr. Johir Uddin has taken part in any election?

Witness: I don’t know.

Defence: You are concealing the facts of Mr. Johir Uddin which are known to you by stating- ‘I don’t know’

Witness: Not true.

Defence: Whether Agortola conspiracy Case is true or false?

Witness: I don’t know. But it is said that it is false.

Defence: Nowadays some people are saying that it was true, our Deputy Speaker is one of those spokesmen.

Witness: He might say so, but I know nothing about that.

Defence: Whether you have gone through research on Agortola Conspiracy case?

Witness: No.

Defence: Whether the Agortola case is outside the ambit of the then East Bengal and its society, culture, capitalism and other matters?

Witness: No.

Defence: The formation of the Indian Congress is the starter of the political parties in this sub-continent.

Witness: Overall it is not true.

Defence: Indian Congress is the oldest political party among the political parties of this sub continent.

Witness: Yes.

Defence: Afterwards the Muslim League, Communist parties and others have been formed by this flow of Indian Congress.

Witness: Yes.

Defence: Indian Congress was the believer of a non-violent movement.

Witness: It is not true overall. Actually they have take it as a political trick to observe the non-violent movement.

Defence: Mr. Suvas Chandra Bose of Indian Congress has talked about snatching away the liberation by the armed movement, thus broke up with Indian Congress and formed his own movement in a separate way.

Witness: I don’t know.

Defence: Indian Muslim League has been formed after the assumption that the Indian National Congress will not secure the rights of Muslims.

Witness: Not true.

Defence: For the Muslim people the Muslim League has claimed a proportionate ratio for the distribution of seats in the national election.

Witness: I don’t know.

Defence: Whether you think that Jamaat-e-Islami is a community based and blind religious group.

Witness: I do believe that they are the groups of Religious Business.

Defence: There was a strict objection about the proportionate ratios of the seats for Muslims in the general election from the Indian National Congress.

Witness: I can’t say it.

Defence: Afterwards attempts have been made out from both the Muslim League and the Indian Congress to unite the Muslims and Hindus.

Witness: I can’t say that.

Defence: The leadership of Khelafot Movement has been handed over to Mr. Gandhi.

Witness: I don’t know.

Defence: Though the Indian National Congress was reserving seats for the low caste Hindus but there were no reservation for the Muslims.

Witness: I can’t say about it without relevant papers.

Defence: Though there was a proposal in the 1940 Lahore Declaration to form several Muslim States but on 1946 the declaration was made to form an individual State.

Witness: Yes.

Defence: In 1946 there was a proposal to form an individual State and Mr. Sohrawardi was there at the leading role with Mr. Jinnah about this proposal.

Witness: I can’t say without checking the papers.

Defence: Sheikh Mujibur Rahman was a supporter of Muslim League at that time.

Witness: Yes.

Defence: After the partition of 1947, Mr. AK Fazlul Haque has been appointed as the Advocate general.

Witness: Yes.

Justice Nizamul Huq: The court is adjourned till 2 P.M. and after the lunch recess the deposition will continue.

Defence: In 1970’s election Mr. A.K Faizul Haq son of Mr. A.K Fazlul Haq was involved in Awami League. 

Witness: I do not know.

Defence: In 1996 Mr. A.K Faizul Haq was the Minister of Awami league.

Witness: I can not remember.

Defence: Did you have any idea regarding the role of Faizul Haq during the Liberation War?

Witness: No, I do not have.

Defence: Do you know whether there is any speech or any statement of Ghulam azam before 25th March opposing handing over the power to Sheikh Majibur Rahman after the 1970’s Election.

Witness: No, I do not say anything.

Defence: Whether there was any statement and speech of Mr. Julfiker Ali Bhutto opposing handing over power to the Sheikh Majibar Rahman.

Witness: I cannot say it without seeing the documents but he opposed to held national parliamentary session.

Defence: Did he propose for two governments?

Witness: May be it is written in my documents.

Defence: General Yahya decided before that they attacked on 25th March.

Witness: May be.

Defence: Their consultation with the Bangabandhu Sheikh Majibur Rahman was nothing but eye-wash.

Witness: May be.

Defence: They basically enhance their power by showing that they were consulting with Sheikh Majibar Rahman.

Witness: May be.

Defence: Before Operation Search Light Yahya khan was in Dhaka.

Witness: Yes.

Defence: There was no statement or a speech in any newspaper that before Operation Search Light professor Ghulam Azam met with Yahiya Khan

Witness: I cannot remember at this moment.

Defence: In your statement or documents is there any news like this?

Witness: I cannot remember at this moment.

Defence: When did you hear about the Operation Search light for the first time.

Witness: After 25th March.

Defence: In which way you have heard it for the first time?

Witness: I can not recall it now.

Defence: Places were occupied by the Pakistan Army which were in possession of the Freedom fighters.

Witness: Yes.

Defence: Did you know whether Pakistan Army used any Operation Code other than the Operation Search light from 25th March to 16th December.

Witness: I do not know whether there was any other operation or not, in my opinion whole operation was only “Genocide”

Defence: Whether there was any rules and regulation of Pakistan army to conduct activities according to the Operation search light?

Witness: I do not know.

Defence: Who were involved in Operation Search light?

Witness: Pakistan army.

Defence: Did you know whether Pakistan army was under the control of any civilian or not?

Witness: They influenced Pakistan army.

Defence: Control and influence these are two different words?

Witness: Yes.

Defence: Before the formation of the peace committee General Yahiya had no connection with the any Civilian.

Witness: I do not think so.

Defence: Before 4th April 1971, no person had any relation with general Yahya and Tikka khan except Awami league.

Witness: I do not think so, if they did not have a relation then they could not able to arrange a meeting on 4th April 1971.

Defence: They communicated on 4th April and met on 4th April.

Witness: How can I say?

Defence: When was the Peace committee formed?

Witness: May be on 9th April.

Defence: Who was the convenor then?

Witness: Khaz khairuddin.

Defence: Who was the editor then?

Witness: I can not say.

Defence: In whose leadership Peace committee was divided?

Witness: So far I can remember Peace committee was divided under the leadership of Mowlabi Farid Ahmed and then it was named as “Shanti Kallan committee”

Defence: Under the leadership of Khaza Khairuddin Peace committee was formed consisting 140 members.

Witness: Under the leadership of Khaza Khairuddin that is true but whether 140 members or not I do not know.

Defence: Would you please tell us about the formation of Peace Committee headed by Moulabi Farid.

Witness: No without seeing documents I cannot say anything.

Defence: Advocate A.T.M Shafikul Islam, Saied Muhammad Masuym, Ghulam Azam, Abdul Jabber Khaddar, Mahmud Ali, Eusuf Ali Chowdhury, A.K.m Rafikul Islam, Abul Kashem, Ghulam Sarwer, Saied Azizul Haq manna mia, A.S.M sulaiman, Pir Mahosin uddin Dudu mia, Shafikur Rahman, Mejor Afsruddin, Saied Mahosin Ali, Fazlul Haq Chowdhur, Sirajuddin, Advocate A.T.M sadi, Ataul Haq khan, Mahbubur Rahman, Advocate Akhter Uddin, Raza Tridip Roy, Foiez Boks were the members of Peace committee.

Witness: So far I can remember they were.

Defence: All members were engaged in politics.

Witness: Among them Ghulam Azam involved in Jamaat-i-islam and others are from other different political party which I cannot say without seeing newspaper.

Defence: Subsequently there was an executive committee of the peace committee and Khaza khairuddin was the convenor of that Committee.

Witness: I cannot say it at this moment without seeing my documents.

Defence: Whether he was a member of that committee?

Witness: I cannot say it also at this moment without seeing my documents

Defence: How many member of Jammat-i-islam was at this executive committee?

Witness: Except Ghulam Azam I cannot say about any others without seeing my documents.

Defence: How did they execute their activities?

Witness: I cannot say it without seeing my documents.

Defence: How many members needed to form quorum of that committee?

Witness: I was not member of that committee so it is possible for me to say.

Defence: Who was the head of Peace committee in Chapainababganj?

Witness: I cannot say it without seeing my documents.

Defence: Did you know whether Ghulam Azam met with head of Peace committee in Rajshahi?

Witness: I cannot say it without seeing my documents.

Defence: Did you know whether Mr. Ghulam Azam send any direction to any member of the Peace committee in Chapainababganj?

Witness: I cannot say it without seeing my documents.

Defence: Did you know whether any member of Peace Committee in Chapainababganj met with Professor Ghulam Azam jointly and individually?

Witness: I cannot say it without seeing my documents.

Defence: Who was the member of Peace committee in Rajshahi district?

Witness: I cannot say it without seeing my documents.

Justice Anwerul Haq: Will you ask question specifying every district and Upazilla?

Defence: My lord, then I will ask question in general.

Then he ask question specifying all district and Upazilla according to the question of Chapainabaganj. Then Moontasir Mamun said that my lord, there are three questions, so my answer will be different.

Defence: My lord, in last three questions he said that he can not say anything without seeing his book and my lord, that is the reason I have asked a general question, so answer will also be same in that case.

Witness: No my lord, in last three question I do not said that I need to see the book.

Defence: My lord, He has said and it has been recorded as per his saying so these should not be changed now.

Justice Anwerul Haq: Mr. Mizanul islam, It is law that statement which was recorded must be read out before the witness and after hearing the recorded statement if he said that he did not say it so in that case we should record these answers again.

In that case we will take note like this that “after hearing recorded statement which was read out before the witness, witness said that the statement was not recorded properly, then tribunal decided to ask those above three questions again”

Tribunal Chairman: Did you know whether Ghulam Azam met with head of Peace committee in Rajshahi?

Witness: I cannot say it without seeing my documents.

Tribunal Chairman: Did you know whether Mr. Ghulam Azam send any direction to any member of the Peace committee in Chapainababganj?

Witness: All circular had been sent to all Union, Upazilla and district from the central Peace committee.

Defence: Did you know whether any member of Peace Committee in Chapainababganj met with Professor Ghulam Azam jointly and individually?

Witness: As they were the member of Peace Committee so it was very natural that they had a relation with Professor Ghulam Azam.

Defence: My lord, I have an objection in case where you have said “asked again”.

Justice Nizam: Okay, with objection of the defence.

Then Tajul Islam came to the dais and submits three dictionaries to give to the Ghulam Azam.

Justice Nizam: At first here book should be returned then these are given.Ignore warning

Tajul Islam: My lord, dictionaries are needed to read those books.

Zead-al-malum: Is he going to establish a library?

Defence: A library cannot be established containing 7 books only.

Thus the court was adjourned till the afternoon.