9 July 2012: Mollah 1st witness cross exam day 2

Tribunal 2

The hearing started with the cross examination of the Mujaffar Ahmed Khan, the first prosecution witness in the trial of Abdul Quader Mollah continued with the defence lawyer Ekramul Haque asking questions (following on from previous day)

Defence: Was Khanbari under Keraniganj?

Witness: Yes, it was under Keraniganj.

Defence: What was the distance from Ghatarchar to Khanbari?

Witness: Those places were under same Union. Most probably, the distance was a quarter mile. Suppose, from here to the stadium.

Defence: On which side?

Witness: Near to Atibazar. (Ghatarchar is located first, then Khanbari)

Defence: You said in your statement that at Keraniganj, there were 5 freedom fighters’ camps. The first camp was at the home of Motiur Rahman Sarkar and the second one was at the home of Hazi Yousuf Ali Master. What was the distance between those two places?

Witness: 4 km.

Defence: On which side?

Witness: On north-east side.

Defence: You said, the 3rd Camp was at Nazirpur. In whose home was that?

Witness: At the home of Mr. Mobarak.

Defence: Is Mr. Mobarak alive now?

Witness: No, he is dead.

Defence: Are his sons or daughters alive?

Witness: Yes, his sons and daughters are alive.

Defence: What was the distance of 3rd camp from your camp?

Witness: About one and half km.

Defence: Was the 4th camp at the home of Dr. Karim of Nimtali?

Witness: Yes, it was.

Defence: What was the distance of 4th camp from your camp?

Witness: It was about 5 km north-east side from my camp.

Defence: Who was in authority of these camps?

Witness: All these camps were under the supervision of Mr. Mostofa Mohosin Montu.

Defence: Is Dr. Karim or his sons or daughters alive?

Witness: Dr. Karim is dead, but his sons and daughters are alive.

Defence: Is Mostofa Mohosin Montu alive?

Witness: Yes, he is alive.

Defence: You mentioned about the camp inside the home of Motiur Rahman. Is Motiur Rahman alive?

Witness: Yes, he is alive.

Defence: The son of Mr. Motiur Rahman is Mr. Habibur Rahman who was a leader of Jamaat-e -Islam wasn’t he?

Witness: Yes, he was. Habibur Rahman is dead now. But this Motiur Rahman is another person. His full name is Matiur Rahman Bhuiyna. And, the first person was Motiur Rahman Sarkar.

Defence: You made a Complaint Petition at CJM Court, Dhaka. What was the date of filing of that case?

Witness: On 17/12/ 2007.

Defence: Did you give a statement?

Witness: Yes, I gave.

Defence: You stated in this tribunal that, ‘at Ghatarchar a meeting was arranged on 23 or 24. There was doctor Jaynal, K. G. Karim Babla, Muktar Hossain, Fayjur Rahman. They arranged this meeting communicating with the leader of Islami Chhatra Sangha Abdul Kader Molla. At that meeting Abdul Kader Molla was present.’ Did you state about this meeting in your Complaint case?

Witness: No, in complaint case, the incident of 25 November was stated; but the meeting of 23/24 November was not stated.

Defence: Your statement in this tribunal that ‘the incident of genocide, looting and conflagration at Ghatarchar was mainly leaded by Kader Molla. Local Rajakars commited that incident communicating with Kader Molla.’ This was also absent in your complaint Case; wasn’t it?

Witness: Yes, in complaint petition it wasn’t stated.

Defence: You said, on the way of returning from uncle’s home of Mohammadpur, you saw Kader Molla with his companions taking weapons in hand in front of the gate of the Physical College Institute. This part was also absent in your complaint case, wasn’t it?

Witness: Yes, in Complaint Petition it wasn’t stated.

Defence: Again, you stated in your Complaint Petition that Quader Mollah was under custody until 1975.

Witness: No, it was not stated in my Petition.

Defence: Here is the document, in para 5 of your Complaint Petition, it is stated that all accused were under custody until 1975.

Witness: It may be the mistake of filing lawyer. I can’t remember whether I said it or not.

Defence: Here is your signature.

At this moment, the accused was told to speak loudly, he couldn’t hear.

Justice (Chairman): Is it original paper? Give reference of original paper.

Defence: Don’t be angry. What I am saying is my professional duty. According to you, you were a freedom fighter, you took training from India and then returned back to Keraniganj; you haven’t submitted any document relating to these incidents before the Tribunal.

Witness: Till now, I haven’t submitted any document, but if the Court requires, I can submit my Freedom Fighter Certificate before the Court.

Defence: You said, on the way of returning from uncle’s home of Mohammadpur, I saw Kader Molla with his companions taking weapons in hand in front of the gate of the Physical College Institute. I am saying, this statement is false.

Witness: No, that is not false.

Justice (Chairman): Mr. Tajul, How a matter is this that the accused is taking food in an open court?

Tajul Islam (Defence): My Lord, we are sorry. Actually, the accused is a diabetic patient. He has to take food timely. We should take permission. Sorry sir!

Defence: As you are a leader of Awami League and the accused is a leader of Jamaat-e-Islami, for the political reason to prejudice him, you are giving false statement.

Witness: No, this is not true.

The defense lawyer then said that he had finished his cross examination.

Prosecutor (Mohammad Ali): My Lord, our second witness is coming. His physical condition is very difficult. So, please start the examination in chief of him in this session.

Justice (Chairman): We have more cases today. We’ll start it tomorrow. Today stop here. You can’t finish today. Then, he has to come tomorrow again.

Prosecutor (Mohammad Ali): Actually, at first, he was listed as first witness. He is also a famous political person. Syed Shahidul Haque Mama: Commander of Mama Group.

Justice (Obaidul Hassan): Can you finish examination in chief within one hour?

Prosecutor (Mohammad Ali): Certainly, my Lord. He will come within 2/3 minutes.

After a short adjournment, Justice Obaidul Hassan told the prosecutor that that he could not deal with his second witness time today.

The second witness, Syed Shahidul Haque Mama then said,  'I would like to say something my Lord, I’ve no business in Bangladesh now. I am only staying here to give witness in this case. I take diabetic medicine and am not fit enough. 

Justice Obaidul Hassan: Please come tomorrow. We’ll try to complete your part within tomorrow.