The chairman said that he should wait to 2pm
Ahsanul Huq: Okay My Lord, we are praying for half an hour privileged communication with the petitioner. We also have not got the total names of the witnesses.
The cross examination of Sultana Kamal, a witness in the Golam Azam case, continued (following on from here)
Defence: Have you submitted the names of the victims and families to the investigation officer (IO) who have become the victim by the operations of Pakistan Army and the Peace Committee.Defence asked question what is public pressure. Chairman has answered it is a known fact, so it does not need any explanation. Then the defence again raised objection for not clarifying the term. Then Justice Jahangir Hossain said- you are a very brilliant lawyer, you can ask it through several other technical ways, but we are not taking the question. Go on to the next question. Then Zead Al Malum has stood up and started to say something then Chairman has stopped him by saying that- please take your seat please. You will not hear the Prosecution right now.
Witness: No.
Defence: Have you submitted the names of the Pakistan Army Officers who have led these operations?
Witness: No. IO is supposed to collect these name by his/er investigation.
Defence: You have not given the dates of the operations intended for a particular area.
Witness: These were not an individual incident, these incidents comes in a parallel way with the other incidents. The IO is supposed to find out the information so I have not given any date and place.
Defence: When has the plan of intellectual killings has been framed?
Witness: It is not possible to answer because the plans of these sorts of secret killings were not open for the public to know when it is going to happen. But Motiur Rahman Nizami was the Chief of Al Badar, he was also a leader of Jamaat-e-Islami and Ghulam Azam was the Ameer of Jamatee Islami; so he can’t not deny the responsibilities of these killings. These sorts of killing have been done with his permission.
Defence: In which meeting of Jamatee Islami, the plan of intellectual killing has been approved.
Witness: It is not possible to say.
Defence: When Ghulam Azam has given the permission to kill the intellectuals. Do you have the information?
Witness: No.
Defence: Do you have any documentary evidence that- Ghulam Azam has given the permission?
Witness: No. But as he was the Chief of the Organization so these sorts of brutalities won’t happen if there was not his approval. Even it was not seen that he has taken disciplinary action against those who have committed these activities. As per the law the responsibilities lies on the superior.
Defence: Were the Razakar, Al-Badar, Al-Shams and Peace Committee were the wings of Jamaat-e-Islami?
Witness: Structurally these 4 organizations were not the wings of Jamaat-e-Islami but for the formation and the activities of these organizations Jamaat-e-Islami has played a vital role.
Defence: Was any member of Jamaat-e-Islami the Chief and member secretary of Peace Committee?
Witness: I don’t have the clear idea, but we have heard from the words of Ghulam Azam on the reports of several newspapers about the activities and the structure of that organization. Even Ghulam Azam has participated in the public gathering and meeting of Peace Committee. Ee have seen the news at the newspapers of that time.
Defence: Have you submitted any relevant paper or newspaper cutting to the IO regarding the speech of Ghulam Azam to form the Peace Committee?
Witness: The articles of Daily Purbodesh and Daily Azad of 5th April and 7th April of 1971 have been given to the IO
Defence: Was the Central Coordinator and the member secretary of the Peace Committee present at the meeting as you have mentioned Ghulam Azam has attended.
Witness: I don’t know.
Defence: You have learnt about the public gathering from the Newspaper?
Witness: Yes.
Defence: If there were any image of that gathering or only the news has been circulated?
Witness: I have only read the news.
Defence: When reading the news if you were only scanning the name of Ghulam Azam or you used to read the full report?
Witness: I was not reading newspapers in search of the name of Ghulam Azam, when the name comes in relevance to the incidents then I used to read that.
Defence: If there were any others name except Ghulam Azam?
Witness: It might be, but I can’t remember now.
Defence: If Ghulam Azam had the power to cancel any subordinate wings of Peace Committee?
Witness: I don’t know.
Defence: If any complaint was made to Ghulam Azam to punish anyone of the member of Peace Committee for the commission of offense by the Peace Committee.
Witness: I have not read any news like that.
Defence: Did Ghulam Azam have the power to expel any member from the Central Peace Committee?
Witness: I don’t know.
Defence: Did Ghulam Azam have the power to expel or punish any member from the Razakar, Al Badar, Al Shams?
Witness: I don’t know.
Defence: 50 cases have been filed in the time of Sheikh Mujibur Rahman Government about the killing of intellectuals.
Witness: Many cases have been filed; I don’t know the exact number.
Defence: Three different cases have been filed for the killing of Shahidullah Kaisar, Munir Chowdhury, Dr. Alim CHowdhury.
Witness: Yes.
Defence: A case has been filed against a Jamaat-e-Islami leader in the case of the killing of Shahidullah Kaisar.
Witness: The name of the accused was Khalek Mojumdar. He was a Jamaat-e-Islami leader and he was also a member of Al Badar.
Defence: An appeal has been filed to the Higher Court against the sentence given by the lower court on the following case, and Khalek Mojumdar has been acquitted and the State Party has failed to prove him as an Al-Badar and it has been mentioned in the Judgment.
Witness: Yes.
Defence: Ghulam Azam’s has been mentioned as an accused in any of the following 50 cases and other 3 cases for the planning of the killing of intellectuals.
Witness: No. These cases were individual cases. I have given deposition before the Tribunal that is not for a particular murder case, it involves the involvement of Ghulam Azam in the genocide of 1971 in detail.
Defence: In 1972 two cases have been filed against Ghulam Azam for the offences committed in 1971.
Witness: Yes.
Defence: If there were any complain about looting, genocide, rape against him?
Witness: There was a complaint of complicity against him on those cases.
Defence: If any charge sheet has been submitted for these case?
Witness: I have not collected any further update of those cases.
Defence: The governmental and nongovernmental investigation commission has been formed just after the liberation about the killing of intellectuals.
Witness: I don’t confirm it exactly, but I can say various steps have been taken. And ICT Act- 1973 has been adopted in reply to the continuous public pressure.
Defence: Jahir Raihan has formed the Nagorik Committee for revealing the secret of intellectual killing.
Witness: He was involved with many things and he has formed the Nagorik committee also.
Defence: Can you state two or three noteworthy names of the members of this committee.
Witness: No. But the widow of Shahidullah Kaisar has communicated with my mother for this cause for several times.
Defence: After the liberation the Governor Malek and other members of Malek Ministerial council has surrendered and Mr. Malek was tried under Collaborators Act.
Witness: An attempt was taken for the trial of Governor Malek under the Collaborators Act but I don’t know if the Trial has been completed.
Defence: Did Mr. Malek oppose his trial under the Collaborators Act and prayed for the Trial under Geneva Convention?
Witness: I don’t know.
Defence: Has anyone given statement against the trial of Mr. Malek under the Collaborators Act?
Witness: I don’t know.
Defence: Do you know anyone named Shohidul Huq Mama.
Witness: No.
[Then the prosecution raised objection about the relevance of this question but Chairman said we will accept the question.]
Defence: Do you know anything about the serial named ‘Ronangoner Dinguli’ telecasted from Bangladesh Television?
Witness: I know about it, but because of the shortage of time I don’t get the time to watch it.
Defence: Do you know Nasir Uddin Yousuf?
Witness: Yes he is the presenter of that program.
Defence: Though Bangladesh was liberated on 16th December, 1971 but Mirpur was freed on 31st January, 1972.
Witness: I can’t recall the exact date, but Mirpur was captured by the Army and their associates afterwards it became liberated.
Defence: After Mirpur became liberated a document about the plan of killing of the intellectual has been found from a former Minister of Pakistan.
Witness: I have heard that but I can’t recall the source of information.
[At this time Chairman asked the defence to state actually how much more time they would like to complete the cross examination. The defence replied we require the time till tomorrow. Prosecutor has informed that Ms. Sultana Kamal has an appointment today at 3 P.M. so she has to leave at the second session. Then Chairman has said okay.]
Defence: Professor Munir Chowdhury has given statement for securing a non-divided Pakistan.
Witness: I came to know that he has signed a statement with many other people.
Defence: Between 22nd November, 1971 to 16th December, 1971 Ghulam Azam was not in East Pakistan when the commission of intellectual killing has taken place.
Witness: It might be, because he has gone to West Pakistan to visit Yahia Khan and to attend a press conference where he has stated- the freedom fighters would be eradicated by the Razakars.
Defence: In the 1970 election Buddhist Chakma King and Tridib Roy were elected as an MNA from the Buddhist Majority area.
Witness: Yes.
Defence: Then Buddhist religious leader was Bishuddha Nanda Mahathero.
Witness: Yes.
Defence: The following two persons have worked for protecting the non-divided Pakistan.
Witness: Yes.
Chairman: Okay the Tribunal is adjourned till 2 P.M.
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