Thursday, November 22, 2012

14 Oct 2012: Azam IO cross exam, day 3

The day started with the prosecutor Zead Al Malum informing the tribunal that the prosecution had a petition about Sayedee case and asked that it be heard in the second half of the day. The chairman agreed.

The prosecutor, Haider Ali said that no names of the witnesses have been given relating to Golam Azam.

Mizanul Islam: My Lord, yesterday I have found the Prosecutor’s phone switched off.

Chairman: Okay. Give it to him today.

Ahsanul Huq: My Lord, it seems that- the load of today’s cause list is much heavier than the other days, I think the case of Golam Azam will not be get time be heard. So hear it tomorrow. The chairman agreed.

Chairman then passed two orders (summary below)
Order-1: ATM Azharul Islam has been produced today before this Tribunal. The Prosecution has stated that the investigation is ongoing. Some more documents and witnesses are required now for the completion of the Investigation. The 2-12-2012 is fixed for further progress report or investigation report.

Order-2: In the ICT-BD Case No- 03 of 2011 [relating to Nizami] Prosecutor Mr. Ikbal Hossain has submitted an application that the witness Misbahur Rahman is sick today, so they would like to present the next witness today. Now the Tribunal would not like to take any further witness before the completion of the pending witness. So, 21-10-2012 is fixed for presenting the witness Misbahur Rahman Chowdhury. And the defence will get only 1 hour for the completion of the rest of the part of the cross examination.
Mizanul Islam: My Lord, today we were supposed to submit the names of 12 defence witnesses in Azam’s case. But we won’t be able to submit that. Some of them are staying in UK right now, so it requires time. But we have 5 to 6 names in our hands now.

Chairman: Submit those 5 or 6 names today.

Mizanul Islam: We will submit it on the next day.

The tribunal then moved onto the case of Azam

Motiur Rahman, the investigation officer and prosecution witness came to the witness box. Mizanul Islam for the defense asked the questions.
When did you first gone to Brahmanbaria during your investigation?
Witness: 22-8-2010

Defence: Did you go several times there?

Witness: I have gone for once.

Defence: When did you return?

Witness: On 24-8-2010.

Defence: Did you gone to the Dotara Majar Sharif of C&B Road?

Witness: It is not in my note.

Defence: Have you contacted with Mr. Taleb with whom Mr. Siru Mia has contacted to go to India?

Witness: I have not found him.

Defence: Where is Taleb’s house?

Witness: His village is Shuvarampur. There is no more information in my note without this.

Defence: Have you contacted prosecution witnesses- Anwara Begum and Shafiuddin to get the address of Taleb?

Witness: Yes, they have stated that they know Mr. Taleb and his house is at Shuvarampur.

Defence: Have you asked anyone in the Superintendent of Police or the DMP of Brahmanbaria to know where the village is located at?

Witness: No.

Defence: Whom did you ask to know the address of Taleb?

Witness: I have asked many people.

Defence: Did you go to the location of Tontur Check post?

Witness: No. But I have found the information that recently there is no check post at that place and no construction of 1971 when Siru Mia has been caught is existing now.

Defence: Under which Police Station is Tontor located at?

Witness: Koshba.

Defence: Have you asked anything about the construction of Tontor to any of the Superintendent of Police of Koshba?

Witness: No. But I have got the information from the statements of other witness and other investigation.

Defence: Have you searched for the Razakars who were there when Siru Mia has been caught up?

Witness: It is not in my record.

Defence: Did you ask anyone of Tontor?

Witness: I have asked many but their names are not in my note.

Defence: Whether their names are there in your Case Diary?

Witness: No.

Defence: Who has taken the inhabitants of Tontor to you and what was the time?

Witness: After my arrival at Brahmonbaria on 22-8-2010 at 18:00 P.M. many people have come to me and I have asked many of them. But their names are not in my note.

Defence: How many addresses and names of the people who have been asked have been recorded in your note?

Witness: Among those the addresses of 11 have been taken in my note and there several other people from different organizations.

Defence: Have you made anyone of those as a witness in this case?

Witness: 1 has been made witness named- Sona Mia.

Defence: Did anyone of Ghatok Dalal Nirmul Committee, Bangladesh Awami League and Udichi Shilpi Goshti met you?

Witness: It is not in my note.

Defence: Before going to the investigation you have asked the peoples from different political- social and cultural groups to be present.

Witness: I have asked that to the people of locality.

Defence: Did you given any notice?

Witness: I can’t remember.

Defence: Did you conduct any investigation without taking any note in your diary?

Chief Prosecutor: It is totally hypothetical question.

Mizanul Islam: No. It’s not like that.

Zeyad Al Malum: He is not supposed to ask any question which is not specific.

Mizanul Islam: I will not take any suggestion from Prosecution about asking any question.

Chairman: No. You will not ask the question.

Mizanul Islam: Okay.

Defence: By which organization you have asked them to come?

Witness: I can’t remember.

Defence: Whether the matter is in your diary?

Witness: No.

Defence: Have you gone to the village- Ramkrishnopur of Hosna Police Station of Comilla?

Witness: No, but I have asked many people who have come from that area.

Defence: Did you go to Comilla during the investigation?

Witness: Yes. On 02-11-2010 I have gone there and stayed till 4-11-2010. Then I have gone again on 23-7-2011 and returned on 24-7-2011.

Defence: Did you go to village- Ramchondropur under Muradnogor Police Station of Comilla where the house of the father of PW- Anwara Begum is located?

Witness: It is not in my note.

Defence: Did you go to the house of Siru Mia which is located at village Ramkrishnopur under Homna Police Station of Comilla?

Witness: No, but I talked with several people of that area.

Defence: Do you know the sisters’ name of the Prosecution witness Anwara Begum?

Witness: She has two sisters, named- Maya and Mina.

Defence: The Brahmonbaria Peace Committee has been formed by how many people?

Witness: 55 people, where Habibur Rahman was the Coordinator.

Defence: Material Exhibit- 519 refers to a Bangali Officer. Do you have any information about him?

Witness: No.

Defence: Did you get the name of the Brahmonbaria Razakar Commander during the investigation?

Witness: There are names of many Razakars but the name of the Commander has not been specifically mentioned.
Chairman: Okay. The Tribunal is adjourned till 2 P.M.

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