Tribunal Two
The cross examination of the first witness Mujaffar Ahmed Khan in the trial of Abdul Quader Mollah continued.
Before that the Prosecutor Mohammad Ali said that on 3rd July, 2012 an unfortunate incident occurred in this Tribunal. For that reason, the witness would like to say something.
Witness: I lost many of my co-fighters at the Liberation War. Emotionally I couldn’t control myself on last 3rd July; because of the unfortunate incident of that day I am very much sorry and begging pardon.
Chairman Have you ever been a witness in any case?
Witness: No.
Justice (Chairman): There are some rules of court. As you are witness, you have to follow those rules. For example, the Defense Counsel has a right to question you. He may even say that you were not freedom fighter. You will not be angry.
Prosecutor: Now the learned Counsel of defense party will cross examine you. You will listen and understand first. You will think, if you know the answer then answer the question. If you do not know, then say ‘I don’t know’.
Defence: As the witness was present at the place of occurrence, will the questions be answered by him or anyone else?
Justice (Chairman): Break will soon take place. You have to answer one or two questions now.
Witness: I am a diabetic patient. It’s urgent.
Then the Tribunal was adjourned until the afternoon, when it continued. The defense lawyer Ekramul Haque asked the questions
The cross examination of the first witness Mujaffar Ahmed Khan in the trial of Abdul Quader Mollah continued.
Before that the Prosecutor Mohammad Ali said that on 3rd July, 2012 an unfortunate incident occurred in this Tribunal. For that reason, the witness would like to say something.
Witness: I lost many of my co-fighters at the Liberation War. Emotionally I couldn’t control myself on last 3rd July; because of the unfortunate incident of that day I am very much sorry and begging pardon.
Chairman Have you ever been a witness in any case?
Witness: No.
Justice (Chairman): There are some rules of court. As you are witness, you have to follow those rules. For example, the Defense Counsel has a right to question you. He may even say that you were not freedom fighter. You will not be angry.
Prosecutor: Now the learned Counsel of defense party will cross examine you. You will listen and understand first. You will think, if you know the answer then answer the question. If you do not know, then say ‘I don’t know’.
Defence: Last day you said about Ati Baul High School. In which Thana was that school situated?Prosecution: My Lord, this is not trial under general law. We should keep it in our mind.
Witness: In Keraniganj Thana Ati Baul High School was situated.
Defence: In which years did you complete your S.S.C., H.S.C., B.A. or B.Com. degrees?
Witness: I was a candidate of S.S.C. examination of 1971; but I passed S.S.C. examination on 1972.
Defence: What about H.S.C. examination?
Witness: I passed my H.S.C. degree on 1974 from Hafez Musa College.
Defence: In which Thana was that college was situated?
Witness: It was situated at former Lalbagh Thana, present Hazaribagh Thana.
Defence: Tell me about your B.Com. or B.Sc. degree.
Witness: I admitted myself in Sheikh Borhan Uddin College; but I didn’t participate in my B.A. examination.
Defence: In which year did you admit?
Witness: On 1974 I admitted in B.A.
Defence: After that, did you take any technical or any other educational degrees?
Witness: No, I didn’t take any further educational degrees.
Defence: Did you involve in any Government or non-Government institute for job?
Witness: No, I didn’t.
Defence: You said in your statement that in the mass revolt of 1969, you along with some students came to Dhaka and actively participated in mass revolt. Now, can you say the names of the leaders of Chattra League, such as V.P., G.S., of different halls of Dhaka University?
Witness: No, I can’t remember now.
Defence: You were the president of Chattra League of Keraniganj Thana in 1969. Who promoted you to that post?
Witness: Nur-e-Alam Siddiqui promoted me.
Defence: Who was he?
Witness: He was former leader of Chattra League.
Defence: Is he alive now?
Witness: Yes, he is alive. He is former parliament member of Awami League.
Defence: You were recognized, did you have any office there?
Witness: In 1969, there was no office of Chattra League at Keraniganj Thana.
Defence: How many members were there?
Witness: We have the committee containing 21 members.
Defence: Who was the Secretary of that committee?
Witness: Jafar Ullah was the Secretary of that committee.
Defence: Is he alive now?
Witness: No, he is not alive now.
Defence: How many are alive among those 21 members?
Witness: Most probably 15 members are alive.
Defence: Can you say their names?
Witness: One of the 15 alive members is now Secretary of present Bangladesh Government, I don’t want to mention his name. So far as I can remember, the other members are i) Md. Sahabuddin, ii) Md. Khalilur Rahman, iii) Anwar Hossain Faruqui, iv) Shah Jahan Faruqui, v) Shah Newaj, vi) Ajijur Rahman Khan, vii) Mafiz Uddin, viii) Abdul Jalil, ix) Mahmudul Haque, x) Fazlur Rahman, xi) Shamsul Haque, xii) Nazrul Islam, xiii) Abdul Aziz
It was long since, because of communication gap, I can’t remember more.
Defence: How many of them were freedom fighters?
Witness: i) Md. Sahabuddin, ii) Anwar Hossain Faruqui, iii) Shah Jahan Faruqui, iv) Mafiz Uddin and v) Nazrul Islam were freedom fighters.
Defence: Were you all same age?
Witness: They were near to my age.
Defence: Did they all live at Keraniganj Thana?
Witness: Yes, they all lived at Keraniganj Thana.
Defence: You said in your statement, you and your friends prepared to go to India to participate in Liberation War and you started to India along with your 15 friends on May, 1971. Can you remember the names of those 15 persons?
Witness: The name of those 15 persons stated in my statement were: i) Md. Shahaabuddin, ii) Golam Mastafa, iii) Abdul Sobhan, iv) Md. Mojibar Rahman, v) Hira Lal Ghosh, vi) Md. Ershad Ali, vii) Md. Hasan, viii) Babul Bishwas, ix) Mirazul Haque, x) Shahidullah, xi) Md. Alauddin, xii) Md. Abdul Awal, xiii) Abdus Sobhan, xiv) Md. Shah Alam & xv) Abdul Mannan.
Defence: Are all of them alive except Golam Mostafa?
Witness: Golam Mostafa is still alive.
Defence: Are all of them alive?
Witness: Abdul Sobhan, Hira Lal Ghosh, Md. Ershad Ali, Md. Hasan & Babul Bishwas are not alive now.
Defence: Can you say the father’s name of Golam Mostafa?
Witness: I don’t know.
Defence: What are the occupations of the live persons?
Witness: They all are retired persons and staying at home.Prosecution: My Lord, he is asking questions in such a way as though he is making a research on the history of Liberation War.
Defence: Were any of them Government service holders?
Witness: No, they were non-Government service holder and staying at home of Keraniganj.
Defence: You said, you started to India along with your 15 friends on May, 1971 and at Congress Bhaman entered your name. Were the names of 15 persons entered there?
Witness: Yes, the names of those 15 persons were entered.
Defence: How many days did you stay at Agartala?
Witness: We stayed scattered at different transit camps. We were not only 15 persons there, but also 500 persons from whole Bangladesh were there at the Youth camp.
Defence: How many of those 15 persons were with you?
Witness: I alone was fallen in a different group. As I was only scout of those 500 persons, at the time of giving scout training, I met them.
Defence: In which Camp did you fall?
Witness: I was at Hapania Camp.
Defence: How many days did you stay there?
Witness: I stayed at Hapania Camp for 20 days.
Defence: Where were you sent from that camp?
Witness: I was sent to Mohonpur Camp.
Defence: How many days did you stay there?
Witness: I stayed there 7 days.
Defence: Can you remember the actual date?
Witness: I can’t remember the date accurately.
Defence: Where did you go from the Mohonpur Camp?
Witness: I went to Durga Chawdhury Para of Agartala.
Defence: How many days did you stay there?
Witness: I stayed there 15 days.
Defence: Where were you sent from there?
Witness: I was sent to Gokul Nagar Camp of Agartala.
Defence: How many days did you stay there?
Witness: Under the control of Captain Routh of Indian Army, I stayed 15 days there.
Defence: When did you get the arms?
Witness: I was not given arms yet. I was sent to Lailapur of Assam to take training.
Defence: How many days did you stay there?
Witness: I stayed there 20 days.
Defence: What happened there?
Witness: The training was divided in two parts: the first part was of 20 days and the second part was of 7 days, which was given by officer in charge Major Rabindra Singh of Indian army. It was a special training for us.
Defence: When did you get arms?
Witness: When we returned to Melaghar transit Camp of Agartala then we got arms.
Defence: The training of these 21 days, I think this was your last training. During this period were you supplied any arms?
Witness: We completed our training with arms, but directly arms were not supplied.
Defence: Can you mention the time period of those 21 days?
Witness: We reached Lailapur of Assam on 3rd July, 1971.
Defence: Until which date did you stay there?
Witness: Our date of departure was 30th July, 2012.
Defence: How many members were there at the date of departure?
Witness: There were 10 trucks, each containing 20 to 25 members.
Defence: Were all of them Bangladeshis?
Witness: Yes, all of them were Bangladeshis.
Defence: How many persons of Keraniganj were with you?
Witness: I met those 15 members after returning Melaghar transit Camp.
Defence: When you returned from transit Camp of Assam, did Rabindra Singh give any paper to you?
Witness: He might give as in each truck there was one Indian officer.
Defence: How many days did you stay at Melaghar, Agartala at the time of reporting?
Witness: We stayed 7 days at the time of reporting.
Defence: How many members were there in your team?
Witness: There were 25 members at our team.
Defence: On which day were you directed to enter Bangladesh?
Witness: They brought us by truck to CNB road of Comilla of present Bangladesh with arms.
Defence: How many were from Keraniganj of those 25 members?
Witness: 15 ware from Keraniganj and 10 others were from the adjacent Thana.
Defence: Can you mention the names of those 10 members?
Witness: Yes, I can. i) Farid Ahmed, ii) Akhtar Uddin, iii) Nasir Ullah, iv) Jashim Mia, v) Ain Uddin, vi) Abdur Rahman, vii) Abdul Halim, viii) Md. Abdul Motaleb, ix) Md. Ramij Uddin, x) Md. Harun-ar-Rashid.
Defence: What was the centre of those 25 members of entering?
Witness: We established our camp at Kalatia, Keraniganj.
Defence: Was that in any school, house or institute?
Witness: That was in a private house.
Defence: Who was the owner of the house?
Witness: The name of the owner is Motiur Rahman Sarkar.
Defence: Is he alive now?
Witness: Yes he is alive.
Defence: Is he fit?
Witness: No, he is very aged, but he can move.
Defence: On which date did you establish the camp?
Witness: We established our camp most probably on 28th August, 1971.
Defence: As freedom fighter, what was your first operation and where?
Witness: It was 5th of September, we made our first operation to Tulshi Bari of Sayeedpur, it was a junction of three Thanas.
Defence: Was it operated at day or night?
Witness: It was operated at daytime, we started from 10 am.
Defence: What was your target?
Witness: We leaded front war against Pakistani Army.
Defence: Were they coming by truck?
Witness: No, they were coming by gunboat.
Defence: Through which river were they coming?
Witness: They were coming through the river of Dhaleshwary.
Defence: Did they fire or blast bomb to anybody?
Witness: At first they attacked there in a camp of freedom fighters.
Defence: What was the name of that Camp?
Witness: The name of that Camp was ‘Para Gram Muktijoddha Camp’.
Defence: How many members were there at that Camp?
Witness: At that Camp there were 200 members.
Defence: How many persons were at the gunboat?
Witness: Including gunboat & speedboats there were about 300 members.
Defence: Who was you commander?
Witness: Our Commander in Charge was Yahiy Khan Chawdhury Pintu.
Defence: Who attacked first, you or Pakistani Army?
Witness: Pakistani Army attacked first.
Defence: On which side were you staying?
Witness: After getting message, all freedom fighters including us started to the place of occurrence. There were more five Camps at Kalatia.
Defence: How long did the firing continue?
Witness: The firing continued till 4 pm.
Defence: As a result, how many died from both side?
Witness: One freedom fighter died: Md. Omar Ali of Pintu group and including me, 10 were wounded.
Defence: Of the 9 remaining wounded persons, how many were from Pintu group and how many were from your group?
Witness: Except me, no one was wounded from my group. The 9 remaining wounded persons were of Captain Halim Chawdhury’s group.
Defence: Are these 9 persons alive now?
Witness: I have no communication with them.
Justice (Chairman): How will Mr. Witness know whether they are alive or dead? Please ask relevant questions.
Defence: How many Pakistani solider wounded or died?
Witness: 53 Pakistani soldier died.
Defence: What was the number of freedom fighters coming from different Camps?
Witness: The number of freedom fighters coming from different Camps was 5000.
Defence: After completion of the operation at 4 pm where did you return back?
Witness: I was returned wounded to Dr. Abdul Salam’s home.
Defence: Where was your injury?
Witness: Right side of my Kidney.
Defence: How many days did you stay there after primary treatment?
Witness: I stayed at his home 7 days to take treatment.
Defence: Were the members of the doctor’s family at home?
Witness: Yes, the members were there.
Defence: The home was inside the Para, wasn’t it?
Witness: Yes, it was inside the Para.
Defence: Mr. Salam wasn’t your relative, was he?
Witness: His brother was my comrade, he died.
Defence: What was his name?
Witness: I can’t remember his name now.
Defence: Did anyone of that Para come to him for treatment?
Witness: Yes, patients came to take treatment.
Defence: Did the residents of that Para know that you were staying there?
Witness: No, that news was secret.
Defence: Then after 7 days, where did you go?
Witness: I returned back to Nazirpur.
Defence: Were you cured during those 7 days?
Witness: Dr. Salam took Dr. Akhtaruzzaman from Midford hospital to remove my stitch.
Defence: Then where did you stay?
Witness: I took rest of 15 days at Nazirpur Camp.
Defence: In which month did you take these 21 days’ rest?
Witness: From the 5th to 26th / 27th September, I took 21 days rest.
Defence: Did the freedom fighters of your team during that period make any operation?
Witness: To defend Rajakars they made small operations.
Defence: Were those operations inside Keraniganj?
Witness: Yes, those operations were conducted inside Keraniganj.
Defence: During those 21 days period bullets and bombs must be used, Rajakars must had known about the existence of your camp, wasn’t it?
Witness: Yes, it was.
Defence: During those periods, did Pakistani army make any big operation against your camp?
Witness: No, Pakistani army didn’t make any big operation to our camp.
Defence: As you were the supervisor of that Camp, until 16th December, 1971 was you the constant supervisor of that Camp?
Witness: No, at the mean time I went to India.
Defence: On which month did you go to India?
Witness: On first week of October 1971, I went to freedom fighters’ hospital of Bishalgarh to take treatment.
Defence: How long did you stay there?
Witness: I stayed there 15 days.
Defence: After release from there, what did you do?
Witness: I went back to Melagarh to meet the commander of 2nd Sector, Mr. Haidar.
Defence: How long did you stay there?
Witness: I stay there 2 days.
Defence: Where did you go from there?
Witness: With the new duty, I returned back to Nazirpur containing explosive materials.
Defence: Can you remember the date?
Witness: It was end of October.
Defence: Did you get the members of previous team?
Witness: Yes, I got them.
Defence: Then in which places did you make operation?
Defence: As the witness was present at the place of occurrence, will the questions be answered by him or anyone else?
Defence: In which places did you make operation?Witness: I need 10 minutes break now.
Witness: The Sector Commander gave me a special duty, a duty to destroy the Rajakar Camp of Mohammadpur.
Defence: What was the distance from Nazirpur to Mohammadpur Rajakar Camp?
Witness: From Nazirpur to Mohammadpur Rajakar Camp, it was about 10 miles distance.
Defence: On which date, when and how many persons started to Mohammadpur?
Witness: From Ati Bazar to Mohammadpur I reached through boat at 11/1/1971.
Defence: What was the name of the river on you landed?
Witness: The name of the river is Buriganga.
Defence: What was the name of the place you landed?
Witness: A bank of river Buriganga near to Sat Mashjid, Mohammadpur.
Defence: Can you mention the time?
Witness: Yes, it was 10 am.
Defence: From the place of your landing what was the distance of the Rajakar Camp?
Witness: It was very small distance, nearly quarter km.
Defence: Was you alone at that day?
Witness: Yes, I was alone.
Defence: Did you have any arms or explosive materials?
Witness: For the sake of personal security, I had a small arm. I took some vegetables for uncle’s home.
Defence: Then where did you go and how?
Witness: To observe the Camp well I went my uncle’s home by walking passing the front side of that Camp.
Defence: What was your Uncle’s name?
Witness: My Uncle’s name was Md. Gias Uddin.
Defence: Is he alive or dead?
Witness: He is dead now.
Defence: Where was that Camp situated, in a school or institute?
Witness: It was in Physical Training Institute, Mohammadpur.
Defence: Was there any signboard of Rajakar in front of the Camp?
Witness: No, there was no signboard mentioning Rajakar Camp.
Defence: How long did you stay at your uncle’s home?
Witness: I stayed in my Uncle’s home about 10 minutes.
Defence: Did you ever go to your uncle’s home before?
Witness: That was my first day in my uncle’s home.
Defence: What was the number of your uncle’s home?
Witness: I know, but I can’t say for the sake of security.
Defence: Is your aunty, cousin sisters or cousin brothers alive now?
Witness: Aunty is dead; there are three cousin sisters and two cousin brothers alive.
Defence: How many of them were mature at the time of Liberation War?
Witness: One of them was mature at the time of Liberation War
Defence: Please mention his name.
Witness: For the sake of security, I don’t want to mention his name.
Defence: After 10 minutes, did you return through the same way from which you came earlier?
Witness: Yes, I returned through the same way from which I came earlier
Defence: During that time, did you make conversation with any people?
Witness: No, I didn’t made conversation with anyone.
Defence: When did you return?
Witness: I reached on the bank of the river on quarter past 11am.
Defence: When did you reach at Nazirpur?
Witness: Actually, returning from uncle’s home, I went to my own home to meet my mother and I took my lunch with her there.
Defence: Where was your mother?
Witness: My mother was at Bhawal Khanbari.
Defence: How much distant was your home from your uncle’s home?
Witness: It was at middle place. My home was about 5 miles distant from my uncle’s home.
Defence: From the period of going India to meeting your mother, had your mother faced any problem?
Witness: No, from the period of going India to meeting mother, she hadn’t faced any problem.
Defence: Did your father, brothers and sisters live with your mother?
Witness: Yes, my father, brothers and sisters lived with my mother.
Defence: On the way from Kalatia to Mohammadpur, how many Rajakar camps or Freedom fighters’ camps were there?
Witness: From Mohammadpur to Kalatia there was no Freedom fighters’ camp. On that route there were two Rajakar camps; one was at Ghatarchar, and another was at Kulchar, Atir bazaar Their head quarter was at Mohammadpur.
Defence: When did you return to Nazirpur?
Witness: At evening I returned to Nazirpur.
Defence: The new direction that was given to you, did you perform that?
Witness: Mohammadpur and Mirpur areas were centre of non-bengali Bihari people. I needed a shelter for my duty.
Defence: On which date you took action?
Witness: Though I was ready, but I couldn’t take action.
Defence: What did you do then?
Witness: I returned to India on 10 November, 1971 and reported there.
Defence: How long did you stay there?
Witness: I stayed 2 days and then returned.
Defence: Where did you return?
Witness: At Nazirpur Camp.
Defence: Then what did you do?
Justice (Chairman): Break will soon take place. You have to answer one or two questions now.
Witness: I am a diabetic patient. It’s urgent.
Then the Tribunal was adjourned until the afternoon, when it continued. The defense lawyer Ekramul Haque asked the questions
Defence: Kolatia, Najirpur and Khanbari were your area, right?
Witness : Yes.
Defence: What was the proportion of Hindu and Muslim in those area that time?
Witness: I don’t know.
Defence: Have you given your vote in 2008’s election?
Witness: Yes.
Defence: Who was Awami League’s candidate in Lalbagh in 2008’s election.
Witness: Rashed Khan Menon.
Defence: Did you canvas on behalf of him?
Witness: Yes.
Defence: In the last part of December, 1971 you came to Lalbagh and till now you are living there, right?
Witness: I stay in Lalbagh but my business is in Keranigonj.
Defence: Still its your own area
Witness: Yes.
Defence: Are you aware of any kind of certificate or document that Osman Goni and Golam Mostofa had which proves that they are freedom fighters?
Witness: Yes, they are registered freedom fighters and their family get allowance. I think their family member got those documents.
Defence: Is there anyone alive in Osman Goni’s family?
Witness: Yes, his mother and two brothers are alive.
Defence: Is Golam Mostofa’s father’s name belated Ahmed Hossain (Tukub Ali) and Osman Goni’s father’s name belated Mohammad Hossain?
Witness: Yes.
Defence: Is there anyone alive in Golam Mostofa’s family?
Witness: Yes, his son and daughter is alive.
Defence: They must be mature
Witness: Yes. His daughter is married.
Defence: On 10 November, 1971 you went to India. After that where else you gave raid as a freedom fighter?
Witness: There was an incident on 25 November which i mentioned in my statement.
Defence: Did anyone else apart from the two mentioned freedom fighters die from your group?
Witness: No.
Defence: Did you go to any other operation/ raid after 25 November, 1971?
Witness: No.
Defence: Where and to whom did you surrender the arms and ammunition you had during the liberation war?
Witness: After liberation war, we surrendered the arms to Mostofa Mohiddin, the leader of ‘Mujib Bahini’ of our area and he delivered them to Bangabondhu Sheikh Mujibor Rahman in Dhaka Stadium.
Defence: As a bonafide well recognized freedom fighter when you surrendered, you followed the order of the government of the People Republic of Bangladesh and can you tell me who was the Commander-in-Chief that time?
Witness: Yes I followed it and General Osmani was the Commander-in-Chief.
Defence: You mentioned in your statement that when you somehow managed to bury Golam Mostofa and Osman Goni, you went to Ghatarchor and you met Tayab Ali and Abdul Mojid. Where are they from?
Witness: Tayab Ali is from Ghatarchor, Tanpara and Abdul Mojid is from Ghatarchor, Khalpar.
Defence: Then you asked them (about the dead bodies that were lying around) that who did this and by this which date you meant?
Witness: I meant 25 November, 1971.
Defence: You said that you were informed by Abdul Mojid that there was a meeting on 23\24 November and where did this meeting take place?
Witness: In Jainal Abedin’s house which is in Ghatarchor, Khalpar.
Defence: Is Abdul Mojid alive?
Witness: Yes.
Defence: Where is he now?
Witness: Ghatarchor.
Defence: Where and on behalf of whom you canvassed in the election of 1996?
Witness: I worked on behalf of Mostofa Mohddin who was Awami League’s Candidate in Keranigonj.
Defence: Do you know the current status of the case you filed in CJM Court case no. CR 17/2007 and GR 34 (12) 2007?
Witness: So far i know it has been sent to this tribunal.
Defence: You said that you were voter of Keranigonj in both election of 1996 and 2008?
Witness: No. On 1996, I was voter of Keranigonj and on 2008 I was voter of Lalbag.
Defence: You said that you were involved in politics from your young age. Do you remember who was the G.S. (General Secretary) of DUCSU (Dhaka University Central Students Union) in 1970?
Witness: Probably Tofail Ahamed was the G.S.
Defence: No, you are wrong. Before the election of 1970, when you were the President of Chaatra League in Keranigonj thana , did anyone from central (DUCSU) make a visit to Keranigonj?
Witness: Yes. A.S.M Abdur Rouf with four persons visited Keranigonj.
Defence: And you as an active member of the political party worked very hard to implement the dream if Bangabandhu Sheikh Mujibor Rahman in your arena that time (in the election of 1970)?
Witness: Yes.
Defence: Who was the G.S. of Shahidullah Hall that time?
Witness: Probably Kader Molla from ‘Islami Chatro Shongho’.
Defence: Both of you were busy in your party works apart from that did you have any personal rivalry with him?
Witness: No.
Defence: Since when you know Kader Molla?
Witness: During the revolution in 1969 I used to come to Bot-tola, Modhur Canteen in Dhaka University Campus and from then I know Kader Molla.
Defence: Did you know him as the leader of the central committee of Islami Chatro Shongho?
Witness: Yes.
Defence: Did you face any trouble to move without an ID card during the war?
Witness: No. I have never been face to face with Pakistani Army.
Defence: Do you remember to whom you gave your previous statement?
Witness: In front of CJM Court for my case CR 17/2007.
Defence: Did anyone ever want any document of your being freedom fighter?
Witness: No and I didn’t give it to anyone yet.
Defence: Have you brought the certificate of your getting command from Agartola with you to present in front of the court?
Witness: It was not a certificate, it was an appointment letter. When we were getting in to Bangladesh that time, we saw Pakistani Army and we jumped into the river. The appointment letter was destroyed and that is why I could not bring it with me today.
Defence: You went to India 2/3 times after that, did you ask for a duplicate copy?
Witness: I asked for a duplicate copy to Major Haider later on but as there was no photocopy machine it was not possible to make a duplicate from the office copy of the appointment letter.
Defence: Have you ever published the statement you gave to this tribunal to anywhere else?
Witness: No.
Defence: Have you ever seen the accused Abdul Kader Molla with your own eyes to commit any crime in 1971?
Prosecutor Mohammad Ali objected and said, ‘My lord, Mr. Ekramul Haque is not making it clear that by asking the witness about Kader Molla’s crime, which specific crime he meant. The question is confusing the witness. Please tell him to clarify the specific crime.’
Defence lawyer Ekramul Haque got very angry and started shouting that the witness has to answer the question and the prosecutor should not interrupt. He also said that he meant any crime that Abdul Kader Molla committed in 1971 during the liberation war.
Justice Shahinur Islam told Ekramul Haque to be calm and clarify the question again. Then Ekramul Haque repeated the question several times and Mojaffar Ahmed Khan replied as following:
Witness: He is a self-recognized criminal and yes I have seen him to commit crime in 1971.Defence: What crime did he commit?Witness: I saw him standing in front of the gate of Mohammadpur Physical Training Center with a Chinese rifle in his hand.Defence: Apart from that did you see him to do anything else?Witness: No.Defence: You being influenced by the prosecution are telling lies and giving false statement against Abdul Kader Molla.Witness: No, I am telling the truth.Defence: As Abdul Kader Molla was arrested on 10 July, 2010 and was in jail and you have the chance to see him several times that is why you said you know him.Witness: No, its not true. I have seen him before.Defence: After the speech of Bangabondhu Sheikh Mujibor Rahman on 7 March, 1971 in Racecourse Moidan, Abdul Kader Molla left Dhaka and went to his village home in Faridpur and till February, 1972 he was there and in the meantime he did not come to Dhaka.Witness: No, its not true.Defence: As he was a leader of Islami Chatra Shongho and currently as he is a member of Jamat-e Islami, you have made up this false case on the basis of political rivalry.Witness: No.Defence: Your statement against Abdul Kader Molla is a complete lie and imaginative.Witness: Its not true.
After that defence lawyer Ekramul Haque prayed for half an hour more on 9 July, 2012 morning. Justice A. T. M. Fazle Kabir though did not agree in the beginning and told him to finish the cross examination right then but later on after argument three of them (Justices) agreed to give half an hour in the next morning 10:30am to Ekramul Haque as he put strong emphasizes on some documents he needed to bring in front of the court.
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