4 Jul 2012: Azam 1st witness cross exam, day 3

After the contempt order, the cross examination of Muntassir Mamooon, Azam's first witness continued following on from the previous day

Defence: Whether there is any difference between circulating any direction from the Peace Committee and serving any letter from a particular member of the Peace Committee?

Witness: The difference is nominal. Because when a person writes a letter to the junior ranked people about the Peace Committee in that case the difference is very nominal but in case the person writes a personal letter to someone, there might be difference.

Defence: Whether circulating any matter on behalf of Peace committee is different from serving a letter from a particular person towards the low ranked people?

Witness: The earlier answer provised the answer of this question.

Defence: Whether any direction has been circulated from the Central Peace Committee to the Chapainobabgonj Peace Committee?

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

Defence: During the period of liberation war of 1971, you have stayed at Dhanmondi for almost all the times.

Witness: Yes.

Defence: Who was the Chairman of the Peace Committee of the Dhanmondi area?

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

Defence: Who was the nearby Chairman of the Peace Committee from your house?

Witness: I can’t say.

Defence: During the time of your staying at Dhanmondi, it was under the control of Pakistan Army.

Witness: The whole Dhaka was under the Pakistan Army.

Defence: The administration was also under the control of Pakistan Army.

Witness: Yes.

Defence: One of the common activities of the Pakistan Army was to check the Dandi Card [ID Card] of the people.

Witness: Yes.

Defence: During your staying at Dhanmondi area, you have collected a Dandi Card from the authority.

Witness: Not true.

Defence: You have collected a Dandi Card as a technician.

Witness: Not true.

Defence: Where did you stay at the Dhanmondi area?

Witness: At a house which was situated at the then road- 18 of Dhanmondi.

Defence: Whether your Uncle and his family with whom you were staying at Mirpur was residing at the same house with you at Dhanmondi.

Witness: Yes.

Defence: Whether your Uncle is alive?

Witness: Yes.

Defence: Whether your uncle’s name is Borhan Uddin Khan Jahangir?

Witness: Yes.

Defence: Whether he was a Professor of the University of Dhaka?

Witness: Yes.

Defence: Whether Mr. Borhan Uddin has any son of your age?

Witness: No.

Defence: You were residing at Dhanmondi, what was the nearby Razakar Camp from your house?

Witness: I can’t recall.

Defence: What is the name of the Razakar Commander of Dhanmondi?

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

Defence: Where does the Al-Badar Camp of Dhanmondi area was located at?

Witness: I can’t say.

Defence: Whether you have gone outside from your home at a frequent manner when you were residing at Dhanmondi?

Witness: I didn’t used to go outside without any sorts of necessities on that time.

Defence: Whether the area where you were residing at was populated with Bengali or non- Bengali People?

Witness: I can’t say.

Defence: Whether you have a contact with Mr. Shahriar Kabir?

Witness: There was no regular contact with him.

Defence: Mention someone’s name other than the name of your family members with whom you were maintaining regular connection.

Witness: I can’t say specifically.

Defence: Whether your Uncle used to go to the University at that time?

Witness: As far as I can remember he was not involved with the University at that time.

Defence: What was his profession at that time?

Witness: As far as I can remember he was working at a private farm at that time.

Defence: What was the distance your Uncle’s office from the residence where you all were residing at?

Witness: I can’t say.

Defence: Whether he used to go to his office by any transport?

Witness: I can’t remember.

Defence: Whether you had any acquaintance at that area?

Witness: There were two or three known faces residing at the nearby houses. As for an example- Bebi Moudud [present MP] - daughter of- Justice Moudud was residing nearby.

Defence: When you were residing at Dhanmondi on 1971, whether you have witnessed any incident of killing, rape or arson?

Witness: I can’t say because for almost all the time I used to stay at the home.

Defence: You didn’t gather any news about those above mentioned incident in your knowledge.

Witness: Not true because we used to get the information from the newspapers, radio and the people who are coming from the outside.

Defence: Please mention a name of a murdered person or tortured woman of Dhanmondi area when you were residing at Dhanmondi.

Witness: I can’t say.

Defence: Can you specifically mention any house where looting, arson, rape and murder have been committed.

Witness: I can’t name any house specifically.

Defence: On 29 March, 1971, at first where did you go from Mirpur at first?

Witness: At first I went to Sobhanbag.

Defence: For how long and with whom you have stayed there at Sobhanbag?

Witness: I have stayed there at a house of the relative of my Uncle but I can’t remember for how long I have stayed there.

Defence: When did you leave Dhanmondi?

Witness: As far as I can remember it was October, 1971. I have left towards my father’s Government Quarter at Chittagong.

Defence: Whether you have stayed there at Chittagong till 16th December, 1971?

Witness: Yes.

Defence: What was your father’s profession?

Witness: He was working at the Administration department of Chittagong Port.

Defence: During 1971 the Administration Department was under the control of Pakistan Army.

Witness: I can’t remember. As far as I can remember someone from the Navy or the Army department was the Chairman of the Port.

Defence: Who were Al-Shams Commander, Al-Badr Commander, Razakar Commander and Mujahid Chief of Chittagong when you were staying there?

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

Defence: Have you seen the Punjab Regiment, during your staying at Chittagong?

Witness: For almost all the times I didn’t think it safe to go outside without any necessities, so I can’t say that.

Defence: When you were staying at Chittagong, the Pakistan Army and the Auxiliary force didn’t search your house.

Witness: Yes. But when we were residing at Dhanmondi, one day Pakistan Army has came for searching the house.

Defence: Whether there was any civilian with the Pakistan Army?

Muntassir Mamun [Prosecution Witness]:No.

Defence: When you were there at the residence of your Uncle’s house at Mirpur, whether your Uncle’s house has been looted by the non- Bengalis?

Witness: Yes.

Defence: Can you mention the names of the offenders?

Witness: They weren’t recognized particularly.

Defence: Mention the name of the owner of the house where you have taken shelter.

Witness: I can’t recall.

Defence: Whether they were previously known to you in which house you took the shelter?

Witness: They were not previously known to us, but their faces were known to us as they were nearby.

Defence: How many family members did they have?

Witness: I don’t know.

Defence: Was there any woman in the family?

Witness: Yes.

Defence: Have you further maintained connections with them?

Witness: I didn’t get the chance to visit the place for almost 10 years, so I didn’t get the scope to contact them afterwards.

Defence: You didn’t make any effort to search and contact them.

Witness: It was not possible to search them.

Defence: What was the name of the house of Sobhanbag where you resided at?

Witness: It was a house allocated by Government; it was being allocated in the name of a relative of my Uncle. I don’t know his name or where he did work at.

Defence: Whether he attended the office in a regular manner?

Witness: May be.

Defence: Whether you have seen him afterwards?

Witness: Sometimes.

Defence: Who were Al-Shams Commander, Al-Badr Commander, Razakar Commander and Mujahid Chief of Sobhanbag area?

Witness: I can’t recall.

Defence: Whether you have visited Chittagong when you were residing at Dhanmondi, Mirpur and Sobhanbag?

Witness: I have clearly stated it before that- it was not possible to visit Chittagong on that time.

Defence: Whether there is a list of the members of Pirojpur Peace Committee in the book ‘Shanti Committee- 1971’ which has been edited by you?

Witness: If there is so, it is solely based on the documents.

Defence: On 1971 Pirojpur was not a district, rather it was a Mohokuma.

Witness: Yes.

Defence: You have described a separate description of Pirojpur Mohokuma on the page- 235 of the above mentioned book.

Defence: The abovementioned book which has been published on 2012 is not based on documents, it is not the outcome of any research and it is the compilation of untrue information and it has been written with some intention.

Witness: Not true.

Defence: You have not referred any source of information in the book.

Witness: Not true.

Defence: Who has supplied the information of Chapainobabgonj, as has been stated in the book?

Witness: If there is any information about Chapainobabgonj, it is fully based on documents. I have nothing to say out of that.

Defence: Who has supplied the information about the Chapainobabgonj Peace Committee? 

Defence: I am a researcher. I can’t answer it without checking the documents. If there is anything about Chapainobabgonj, then it has been gathered from the relevant documents.

The Court was adjourned till 2 P.M.

When the court re-started, the tribunal said that it had recalled the order made in the morning against Tajul Islam. The cross examination then continued.

Defence: Who has provided information of peace committee in Pirojpur district and Upazilla?

Witness: If I have written anything about this then all are written based on information.

Defence: Who has provided you information of peace committee in different district and Upazilla which are described in the book named as “Shanti Committee 1971”?

Witness: If I have written anything on that book then everything is based on information. I cannot say anything else.

Defence: What is the meaning of “If”? Does it mean that there is no list of Peace Committee?

Witness: I have said it before and I am telling it now that my book is basically research based book and all these are information based. In case of research based book it is not necessary that I have to remember all these things. Just I can only tell about substance of the book.

Defence: My lord, he is not giving proper answer of my question. That is the reason I want to submit a written application.

Defence: Whether there was any rules regulating body of Peace Committee?

Witness: Peace committee was formed with the consultation of the then Pakistan Government. So whether there was any rules regulating body or not is very much irrelevant but they had a relation with the authority.

Defence: Whether there was any Government accommodation facility for the members of Central Peace Committee or not?

Witness: I do not know.

Defence: Whether there was any government Organization for the direction, news and circular of the Peace Committee?

Witness: It can only be said by the members of Peace Committee, I cannot say anything out of my research.

Defence: Whether there was any Government allowance and salary for the members of the Central Peace Committee?

Witness: Government assistance would be given in respect of their application.

Defence: Whether any member of the Peace Committee had the power to direct military force to conduct any Operation?

Witness: In all phases they consulted with the authority for their involvement in different activities and to take part in various activities.

Defence: Whether any member of the peace committee had the power to punish any member of the military force if they would create any disorder or anarchy during their operation.

Witness: Associated force has no power to take action against their authority.

Defence: Whether any member of the Peace Committee had the power to compel military force to go any operation.

Witness: Member of peace committee would give suggestion, inspiration and incitement to any member of the military force.

Defence: Suggestion, inspiration, incitement and compel are different words and have different meaning.

Witness: Yes, these have different meaning.

Defence: Did you have any information that military force dictated Peace committee to conduct their Operation?

Witness: I cannot remember at this moment.

Defence: Did you have any specific information that any members of the Peace Committee advise military force to commit murder, genocide, rape, loot, arson.

Witness: I cannot say without seeing documents, so far I can remember they have given suggestion.

Defence: Did you have any specific information that any member of the Peace committee persecuted a special person or each and every person in specific region in Islam?

Witness: I need to see my documents.

Defence: Whether there was any pre-direction of the Central peace committee that if a person is not willing to change his religion then he should be forced to migrate and dispossessed.

Witness: I need to see my documents.

Defence: Whether there was any direction of the Central peace committee that if a person is not willing to change his religion then he was killed and his house was burnt.

Witness: I cannot say date and time specifically, I need to see my documents but I think description of different incidents was mentioned in my book.

Defence: Whether the members of the Peace committee gave any statement hailing the activities of those persons who committed arson, loot, rape, torture, persecution and so on.

Witness: How can they praise that activity which was done by them, so far I can remember they had an indirect inspiration to commit those activities.

Defence: Was there any information was published through any newspaper and news report during the Liberation war and after that whether Khaza Khairuddin raped any one or not?

Witness: I do not know but he was responsible for all those acts which were done by any other member of the Peace committee as he was the convenor of the Peace committee.

Defence: Was there any report published during the Liberation war or after that time about whether khaja Khairuddin forced anyone to persecute in Islam or not?

Witness: I do not know but he was responsible for all those acts which were done by any other member of the Peace committee as he was the convenor of the Peace committee.

When Mizanul Islam going to ask a question mentioning the name of Khaza Khairuddin then Zead-al-malu raised his objection and said question cannot be asked upon Khaza Khairuddin as he was not party to this case and he was not charged with.

Justice Nizam: Mr. Miznaul Islam why you think Khaza khairuddin is relevant here?

Defence: In charge framing Order Peace committee was considered as auxiliary force and Ghulam Azam was charged for being a member of the central Peace committee where Khaza Khairuddin was the chief.

Zead-al-malum: Why they mentioning the name of Khaza Khairuddin they can ask question mentioning the name of Gholam azam as he was the member of the Peace committee and ameer of Jaamt-i-islam.

Justice Nizam: Will you ask 10 questions referring the name of Khaza Khairuddin and 20 questions mentioning the name of another member? Please do not do this, in that case you have to ask question mentioning the name of Ghulam Azam. Basically fact is related to the Peace Committee not to the Khaza Khairuddin.

Defence: My lord, I was charged for joint, individual, command responsibly of auxiliary force. By being a mere member of the peace committee how can I be liable for command responsibility?

Justice Nizam: You can ask question whether Peace Committee is an Auxilary force or not. You can ask question directly referring name of Ghulam Azam but you cannot ask question upon Khaza Khairuddin.

Defence: My lord, I have asked this question when he has said that “How can they praise their own activities” In that case I have to scrutinize what was being done by the chief of the Peace committee.

Justice Nizam: My objection is upon the name of Khaza Khairuddin.

Defence: Okay, then I will say “chief of the Peace committee and others member” My lord, there should have a question referring the member of the Peace committee since command reasonability lies in here.

Justice Nizam: If you were the member of Central Peace committee, then you are also liable for command responsibility as we know “Command responsibility means things done by his subordinate”

Defence: Okay my lord, then I will ask question “Did you have any document that member of the central Peace committee and its member committed arson in any specific area or any specific person during the Liberation war. 

Witness: I need to see my documents to say it specifically. 

Defence: All persons of the Peace committee were civilians. 

Witness: Yes.

Thus the court is adjourned.