Tuesday, November 20, 2012

12 Aug 2012: Sayedee IO Cross exam day 47

After passing the order relating to Quasem Ali, the cross examination of the investigation officer in the Sayedee case continued (following on from the previous day).
Defence: Whether any specific complaint or police report was filed or not, against concerning armed people who threated the witnesses of this case as per report which was presented before you?
Witness: I don’t know about it.
Defence: Did you not seek any investigation by concerning body after this report?
Witness: I didn’t summon any investigation report.
Defence: Have you or not any report whether any armed people have been arrested before or after submitting this report?
Witness: Many people were arrested before but I don’t know whether any people was arrested or not, after.
Defence: Say some among the people who were arrested.
Witness: I can’t say in this moment whether any people were arrested or not for threatening the witnesses of this case.
Defence: Did you submit any information in your report obtained from coordinator during giving report.
Witness: No.
Defence: Did you state the name of any witness in supporting your report?
Witness: I did not state.
Defence: I am saying that you willingly did not present those 15 witnesses in the Tribunal for giving witness consulting with prosecution because they did not agree to give witnesses according to your words.
Witness: This is not true.
Defence: Your report was also submitted with connivance with prosecution.
Witness: This is not true.
Defence: This is why there was no legal step taken against those concerning people about the report.
Witness: This is not true.
Defence: No judgment was given of the case which was stated in exhibit-257 and it was dismissed either defaults.
Witness: This case was dismissed without cost because of not presenting the complainant.
Defence: Did you ask any leader of Jamaat–i-Islam about this case?
Witness: I asked Mokkarram Hossain Kabir (in the date of 26-01-2011), Md. Ruhul Amin, Basirul Islam (same date) and asked many other - but did not write their name because there was no information.
Defence: Who was Mokkarram Hossain Kabir?
Witness: He was a freedom fighter and a worker for Jamaat. His elder brother is the Ameer a Jamaat of Pirojpur district.
Defence: Who are Md. Ruhul Amin and Basirul Islam?
Witness: They are workers of Jamaat e Islami but have not any post.
Defence: Did you ask leader of any other party who were against the liberation war?
Witness: It is not in my note.
Defence: Those three people are not leaders or worker of Jamaat.
Witness: This is not true.
Defence: Did you not meet with witness Solaiman (PW-16) in July,2010?
Witness: No.
Defence: Whether there was the name of Saif and the wife of Mizanur Rahman or not, from whom witness Hafizur Rahman got information about the killing of his brother?
Witness: Yes, they were.
Defence: Did you go to the Umedpur at one time during the investigation and remained there for one and half an hour?
Witness: Yes.
Defence: Did you go to the house of Chittoronjon Talukder?
Witness: Yes, amongst the 25 houses to which I went, the house of Chittoronjon Talukder are there.
Defence: Who was in the house at that time?
Witness: His son Manik Mia.
Defence: Did you not get the wife of Chittoronjon?
Witness: About his wife there is nothing in my note.
Defence: Did you go to the house of Nobin Talukder?
Witness: Yes, in the same way.
Defence: Whom did you get in his house?
Witness: His son Ujjol and there is no information about his wife.
Defence: Did you go to the house of Zahur Talukder?
Witness: Yes and got His son Jibon.
Defence: Did you go to the house of Satis Babu?
Witness: Yes, got his son Bimol Babu but didn’t get him.
Defence: It is not your note that you went to the house of affected people.
Witness: It is not true.
Defence: When did you go Hogolbunia and you went there for one or more times?
Witness: I went 2 times.
Defence: How far the army camp of Pirojpur is from Hogolbunia?
Witness: In this moment it is not in my mind.
Defence: Is there any river any side of Pirojpur army camp?
Witness: Yes, there is.
Defence: In which date you go to the house of Toroni Sikder?
Witness: In the date of 3-11-2010 from the time within 10:20 to 11:45.
Defence: Whom did you got after going to the house of Toroni Sikder?
Witness: His son Krisnokanto Sikder.
Defence: The house of Samakanti Sikder and Krisnokanti Sikder are the same?
Witness: Yes, same house.
Defence: Have you any knowledge about this, that after liberation war Abdur Rahim commission was formed to give report about killing, looting and arson committed by Pakistani army and the people of anti- liberation war during the war period.
Justice Nizam: Why you are asking this question, he didn’t say it in his cross-examination then how can he know it and if you have anything you can produce.
Defence: You submitted the attached list as prosecution document in 28-04-2011 at 17:00 prepared by Assistant police super Monwara Begum.
Witness: Yes, it was submitted.
Defence: With 19th number item of Daily Ittefaq in 1972, 1st janury, 39 pages were attached where another two daily were there.
Witness: 1st January, Saturday. I don’t exhibit this paper.
Defence: Can I not ask question if it is not exhibited?
Justice Nizam: No, You cannot ask question as it is not evidence.
Justice Ahsanul Haq: They can rely upon 100 documents but not bound to submit all of those. So you can ask only upon those documents which are exhibited.
Defence: You willingly didn’t submit the information of Dalal Ain which was accepted after liberation war in Pirojpur against the people of anti- liberation war.
Witness: This is not true.
Defence: For this reason you did not make the wife of SDPO Foyjur Rahman, Ayesa Foyaj as witness of this case and also for same reason you did not present the witness Dr. Zafar Iqbal, son of Foyjur Rahman and the husband of Sufia Haider witness Advocate Ali Haider in the Tribunal.
Witness: This is not true.
Defence: For the same reason you did make witness the wife of Saif Mizanur Rahman.
Witness: This is not true.
Defence: You did not submit the report formed by Government after the time of liberation war as your wish because Delwar Hossain Sayedee was not involved in any kinds of crime.
Witness: This is not true.
Defence: For the same reason you did not comment after examining the G.R register of 1972 and 1973.
Witness: This is not true.
Defence: For the same reason you did not make witness any person who was involved in District Administration and police department during liberation war in 1971.
Witness: This is not true.
Defence: For the same reason you did not make witness the Sub-sector commander Major Zia Uddin, his second in command Shamsul Alam Talukder, leader of Pirojpur liberty Barrister Shajahan Oman, commander of Parerhat freedom fighter camp Khosrul alam, with Jamalul Haque any other district freedom fighter of this case.
Witness: This is not true.
Defence: For the same reason you did not submit the book “ Mukti Judda Sundarbon ar sai unmatal digulu” written by Major Zia Uddin, “ Jibon je Rokom” written by Ayeesa Foyaj, Josna o Jononir Golpo” written by Humayan Ahmed son of SDPO Foyjur Rahman, “Sadinoter Dolil Potro” written by Hasan Hafizur Rahman and published by ministry of information, “History of Pirojpur” written by Abul Kasem and other freedom fighter of Pirojpur and published by office of Pirojpur District Commissioner even after examining.
Witness: This is not true.
Defence: There was no complaint against Delwar Hossain Sayedee about involving in activities of anti- liberation war during liberation war or after liberation war.
Witness: This is not true.
Defence: After that for making true the political agenda of government, false report was submitted against Delwar Hossain Saidee.
Witness: This is not true.
Defence: The name of Delwar Hossain Sayedee is not in list of war criminal which was prepared by government after liberation war.
Witness: This is not true.
Defence: The name of Delwar Hossain Sayedee is not in list of that people against whom the complaint of war crime or crime against humanity was brought in 1971.
Witness: This is not true.
Defence: Was the formal charge made according to your consultation?
Witness: Formal charge was not made according to my consultation or my assistance.
Defence: In your statement you said that Delwar Hossain Sayedee became the owner of a lot of money and established many building in 1971. Did you examine the price of the house of Delwar Hossain Saidee which are in Dhaka and Khulna?
Witness: No.
Defence: Did you not see or visit the houses?
Witness: No, I did not see.
Defence: Did you investigate whether Delwar Hossain Saidee has any other houses or property in any other place of country or not without those houses?
Witness: No.
Defence: For defaming him you gave false information that Delwar Hossain Saidee became owner of huge amount of money by looted property in 1971.
Witness: This is not true. 
Defence: You also know that the house of Dhaka and Khulna were built by bank loan of an economic institution.

Witness: This is not true.
Adjournment for lunch
Defence: The Pakistan soldiers against whom there were complaints of crimes against humanity, war crimes and other offences have been sent back to Pakistan by the tripartite agreement in between Pakistan, Bangladesh and India and they were pardoned.

Witness: They have been sent back, but I don’t know whether they have been pardoned.

Defence: What kinds of steps have been taken against the Razakar who have been caught with the Pakistan Army?

Witness: I don’t have that information.

Defence: Several people were pardoned by the provision of the Collaborators Act.

Witness: I don’t have the information.

Defence: Look at Material Exhibit-12 and P.O.- 10 [previewing at the multimedia]. It is showing the house of Mojid Hawladar, which contains the image number- DSC-04295. The date taken is 23-9-2010 and date modified is- 23-9-2010 [On 26-6-2012 during the cross examination, the date was wrote down as 22-9-2010 in a mistaken way]

Witness: Yes.

Defence: Mr. Ssyedee was not residing at Parerhat during the start up of the liberation war at 1971 till the mid of July.

Witness: Not true.

Defence: In 1971 Mr. Sayedee used to reside for a long time at Pirojpur at his own area.

Witness: Not true.

Defence: After the liberation Mr. Sayedee has never concealed himself.

Witness: Not true.

Defence: After the liberation Mr. Sayedee has applied for his Passport to be issued at his address at Pirojpur.

Witness: I don’t know.

Defence: From the Daily Ittefaq published after the liberation it has been proved that he has not concealed himself in 1986. There was a detail description, by knowing this you have not seized the cipy intentionally.

Witness: Not true.

Defence: You are continuing with malicious intention from the start of the investigation till the taking of the evidence.

Witness: Not true.

Defence: Before the start of the investigation you have framed a malicious plan with the Awami League leaders about the case.

Witness: Not true.

Defence: The place where the witnesses used to stay is titled as safe home.

Witness: No. It is witness house.

Defence: The location of the witness house is 645 Atish Diponkor Road, Sayedabad, Golapbag, Jatrabari.

Witness: May be.

Defence: The telephone numbers are as follows 7547810, 7547807, 7547804.

Witness: I don’t know.

Defence: The procedure of the office has been started by the Investigation Agency Order No- 4 Date- 12-10-2011, Memo No- 1080.

Witness: I don’t know, but it has been started by the order of the investigation agency.

Defence: The diary of the office has been promulgated on 19-10-2011 by the ICT-IMCC No- 133/11 of 13-10-2011.

Witness: I don’t know.

Defence: Inspector Amjad Hossain son of- late Moksed Ali, Village- Khas- Adbaria, Police Station- Shahjadpur, District- Sirajgonj; Police Number- 5885009250, Mobile No- 01716211437.

Witness: He was in charge, but I’m not informed about the other information.

Defence: Sub Inspector Kalachad Ghosh son of Omullo Ratan Ghosh, village- Boalkandi, Police Station- Sujanagar, District- Pabna, Police No- 6281028661, Mobile No- 01712177460- was the another person who was also on duty of witness house.

Witness: He was in charge, but I’m not informed about the other information.

Defence: Another SI Abdullah Al Baki son of Afsar Uddin Prodhan, Village- Monmania, Police Station- Kapasia, District- Gajipur; Police No- 6179008850 Mobile No- 019145652751 was another person in charge.

Witness: He was in charge, but I’m not informed about the other information.

Defence: There was another one- Constable Masum Shekh son of Abu Bakar Shekh, Village- Kathalia, Police Station- Moksedpur, District- Gopalgonj, holding Constable No- 24254, Mobile No- 01913163433.

Witness: He was in duty, but I’m not informed about the other information.

Defence: There was another one- Constable Shah Jaman son of Munshi Sirajul Islam; Village- Arambag, Chorkanda, Police Station- Vanga, District- Faridpur.

Witness: I don’t know.

Defence: There was another one- Constable Monirujjaman, son of- Alimujjaman of Village- Madhobpur, Police Station- Vanga, District- Faridpur, Mobile No- 01725044312. 
Witness: I don’t know.

Defence: There was another one- Constable Sohel Rana son of Manjur Hossain Mia, Village- Ilishkol, Police Station- Kaliyakandi, District- Rajbari, holding Constable No- 6983, Mobile No- 01725175903.

Witness: I don’t know.

Defence: There was another one- Constable Jamaluddin holding Constable No- 10952 and Mobile No- 01913163433.

Witness: I don’t know.

Defence: There was another one- Constable Mohiuddin Molla, Constable No- 28218, Mobile No- 0171498551638.

Witness: I don’t know.

Defence: There was another one- Constable Robiul Islam son of- Hemayet uddin of village- Gopinathpur, Police Station- Gopalgonj, Sadar District- Gopalgonj, holding Constable No- 19350, Mobile No- 017135054649.

Witness: I don’t know.

Defence: There was another one- Constable Tuhin Parvej son of late Shekh Khan Jahan Ali, Village- Dimaranga, Police Station- Tungipara, District- Gopalgonj.

Witness: I don’t know.

Defence: There was another Constable Mehedi Hasan, holding Constable No- 24176.

Witness: I don’t know.

Defence: There was another one- Sri Prodip Sarkar son of- Ram Mohon Sarkar of village- Bahadurpur, Police Station- Madaripur, District- Madaripur, holding Constable No- 27123, Mobile No- 01920123268.

Witness: I don’t know.

Defence: There was another one- Constable Ruma Aktar, holding her Female Constable No- 15013.

Witness: I don’t know.

Defence: Your mobile number which was used on for the witness house purpose was- 01711824814.

Witness: I don’t know whether it was enlisted for that purpose, but that was my number.

Defence: The SI of Pirojpur District Badal Krishno holds the Mobile number- 01714968510.

Witness: I don’t know.

Defence: The Mobile number of Constable Torikul Islam of Pirojpur Police Station was 01917832921.

Witness: I don’t know.

Defence: There was a Chef named Golam Rosul in the witness house, holding Mobile No: 01557648536

Witness: There was a Chef indeed, but I don’t know his details.

Defence: ‘Tisha Helpline’ was assigned there to supply water on that house, holding Mobile No: 01755521914.

Witness: I don’t know.

Defence: The Building along with the witness house was under the supervision of Engineer Yousuf of Concord Company.

Witness: I don’t know.

Defence: Mr. Kalachad Ghosh was assigned to communicate with Mr. Yousuf.

Witness: I don’t know.

Defence: On 18-8-2010 Gas Engineer Mehedi was requested to quicken the process for the Gas line which was remained incomplete.

Witness: I don’t know.

Chairman: Okay the Court is adjourned till the next day.

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