17 Jul 2012: Sayedee IO cross exam day 31

The tribunal started with the cross examination of the investigation officer in the Sayedee case continued. This was a continuation from here

Defence: When you have received information by the source on 24-4-2011, where were you staying?

Witness: At the Investigation Agency office of Dhaka.

Defence: On 25-7-2010 you have seized the copy of Daily Janakantha of 5-3-2001. The report states that- after the liberation war, Mr. Sayedee was staying at Jessore.

Witness: Yes. It has been mentioned.

Defence: You didn’t go for any investigation on this report.

Witness: After getting the news of the report I have instructed the Source to investigate and find out the proper matters.

Defence: Whether you have met Prosecution Witness Solaiman Hossain on July, 2010?

Witness: It has not been mentioned in my note.

Defence: Whether you have gone to Jessore on July, 2010?

Witness: No.

Defence: Where and when did you interrogate Solaiman Hossain?

Witness: On 27-4-2010 at Upazila Parishad I have recorded the primary statements and after visiting the place of occurrence at Dohakola village, I have recorded the last part.

Defence: During the investigation, when did you first gone to Jessore?

Witness: On 26-4-2011.

Defence: Whether before visiting Jessore, you have circulated notice to the local people and the witnesses?

Witness: I have sent message to the OC of Bagharpara Police Station to make the witnesses present.

Defence: Whether you have been given the names of the witnesses?

Witness: No.

Defence: How many witnesses were present?

Witness: Nine people in number namely- Kausar Molla, Fosiar Rahman, Alhaj Tojammel Hossain, Md. Solaiman Hossain, Alhaz Md. Sadruddin, Hossain Ali, Abdul Aziz Bisshash, Khondokar Shohidullah, Julfikar Ali.

Defence: Whether you have met Mr. Solaiman along with these nine people for the first time on that day?

Witness: Yes.

Defence: You have recorded a part of their statements at the Upazila Parishad Office?

Witness: Yes.

Defence: Whether you have searched for their political identity?

Witness: It has not been mentioned in my note.

Defence: Among those nine- you have not made Abdul Aziz, Fosiar Rahman and Kausar Molla as the witnesses. Whether you have made the remaining people as the witnesses?

Witness: Yes.

Defence: For how long you have stayed at Jessore?

Witness: 2 days.

Defence: How many witnesses’ statements have been recorded by you within these two days?

Witness: Along with those nine I have recorded another one’s statement. So the number in total is 10.

Defence: Among those 4, you have not made 4 people as the witnesses of this case.

Witness: Yes.

Defence: When did you go to Rausan Ali’s home?

Witness: On 27-4-2011 at 11:45 A.M.

Defence: Whether the nine people were present then?

Witness: Yes and the OC of Bagharpara Police Station was also present.

Defence: For how long you did stay there?

Witness: Since 11:45 to 17:45.

Defence: Whether Mr. Rausan’s mother was alive?

Witness: It has not been mentioned in my note.

Defence: Whether in 1971, Dohakola village was under the jurisdiction of Union Parishad?

Witness: It has not been mentioned in my note.

Defence: In 1971 who was the Member or the Chairman of the Union Council, did you investigate?

Witness: It has not been mentioned in my note.

Defence: In 1972, who was the Chairman of Relief Committee of that area?

Witness: It has not been mentioned in my note.

Defence: How many voters were there in 1970 election?

Witness: It has not been mentioned in my note.

Defence: On 27-4-2011 whose house was located on the north side of the house of Mr. Rausan?

Witness: It has not been mentioned in my note.

Defence: Have you investigated whose houses were situated beside the house of Rausan on 1971?

Witness: It has not been mentioned in my note.

Defence: Whose house is the nearest to Rausan’s house, out of the 6 people who have been made witnesses for this case?

Witness: It has not been mentioned in my note. But all the houses are located at the nearby distance.

Defence: Where was Kausar Molla’s house located at?

Witness: Dohakola village.

Defence: Who is the eldest among Kausar Molla and the witness Julfikar Ali?

Witness: Kausar Molla.

Defence: Whether Aziz Bishshash and Fosiar Rahman are older than Kausar Molla?

Witness: No, they are young than him. Fosiar Rahman is 62 years old hence Aziz Bisshash is 60 years old.

Defence: Whether you have gone to Dohakola School ground where the election gathering by Mr. Syedee happened in 1970 and on 2006 the religious meeting has taken place at?

Witness: It has not been mentioned in my note.

Defence: Whether any teacher or any worker of Dohakola School is still alive?

Witness: It has not been mentioned in my note.

Defence: Whether you have collected any video or audio footage of the religious meeting of 2006?

Witness: It has not been mentioned in my note.

Defence: Whether you have called for the special report of 1971 of the Jessore Police Special Branch?

Witness: It has not been mentioned in my note.

Defence: Whether you have sent any letter to Jessore Police Special Branch to know about the location of Mr. Sayedee?

Witness: No.

Defence: Whether you have searched for any information that the candidates of the 1970 election from that area are still alive?

Witness: It has not been mentioned in my note.

Defence: Who was the elected MP of that area in 1970?

Witness: It has not been mentioned in my note.

Defence: Among those 6 witnesses for how many people you have asked for the summons from this Tribunal to make them present?

Witness: It has not been mentioned in my note.

Defence: For how many people the Tribunal has issued summons?

Witness: It has not been mentioned in my note.

Defence: What is the location of Mr. Julfikar Ali’s house and Mr. Rausan Ali’s house from the Bagharpara School?

Witness: It has not been mentioned in my note.

Defence: You don’t have any information about the death of Tofajjol Hossain, Alhaj Sofiuddin and Khondkar Shohidullah?

Witness: Yes.

Defence: Whether you have interrogated the people sent by the local Awami League members?

Witness: No.

Defence: You have not made Rausan Ali, Kausar Molla, Aziz Bisshash and Fasiar Rahman as the witnesses of this case because they didn’t have agreed to give false statement.

Witness: Not true.

Defence: You have not made Khondkar Shohidullah, Alhaj Sodruddin and Alhaj Tojammel Hossain present before the Tribunal after making them witness because they were not agreed upon giving false statements.

Witness: Not true.

Defence: You have not made any reputed men of Jessore as the witness of this case, because they didn’t agree to giving false statement.

Witness: Not true.

Defence: From where you have collected the photocopy of the Razakar Ordinance showed in exhibit-252?

Justice Nizamul Huq: If you like to challenge the existence of the document, in that case you might ask the question, otherwise leave the question?

Defence: Without showing the original document he should not present it by his own attestation.

Justice Anwarul Huq: You can only ask the question about a Government Gazette if you would like to challenge the existence of it.

Justice Nizamul Huq: Let me show the exhibit- 252/1. There is only one signature of him, but the Razakar Ordinance has been attested by the Assistant Secretariat of the Home Ministry.

Defence: No. He is saying that- he has attested.

Justice AKM Zaheer Ahmed: It’s a minor error. Leave it.

Defence: Okay.

Defence: The Razakar Committee has been formed by 96 members under the leadership of Mawlana AKM Yousuf on May, 1971—from where did you gather the information?

Witness: I have collected the information from several books and the statements of several witnesses. Among those books- one is written by Dr. MA Hasan titled as- ‘Firee dekha Ekattor.’

Defence: When the book has been published for the first time?

Witness: It has not been mentioned in my note.

Defence: Whether you have collected any relevant newspaper reports about the formation of Razakar Team on 1971, May?

Witness: It has not been mentioned in my note.

Defence: Whether Mr. Dr. MA Hasan has provided any document to Investigation Officer Monowara Begum, who has been sent to him. Witness: It has not been mentioned in my note.

Adjournment for lunch

Defence: Did you question Mawlana Yousuf?

Witness: No.

Defence: How many districts did you visit for the investigation purpose of this case?

Witness: Pirojpur, Khulna, Jessore, Bagerhat, Norail.

Defence: Whether you have gone to Sundarban to visit the location of the Camp of Major Ziauddin during the liberation war?

Witness: No.

Defence: You have stated that the Rajakar Committee has been formed by 96 members. Have you interviewed anyone of them?

Witness: No.

Defence: Who was the Chief of Dhaka District of Razakar Committee?

Witness: It has not been mentioned in my note.

Defence: You have submitted four lists of Pirojpur District Razakar Committee.

Witness: Yes.

Defence: The four lists have been prepared after 2000.

Witness: Not true.

Defence: When did the exhibit-35 been prepared?

Witness: The date has not been mentioned.

Defence: When did the email address which has been mentioned in the list has been started from?

Witness: It has not been mentioned in my note.

Defence: Did you ask Mr. Hasan when he uploaded the list?

Witness: It has not been mentioned in my note.

Defence: Whether you have tried to contact with Mr. Hasan by the phone number, fax, mobile number which has been provided at the email.

Witness: No.

Defence: Did you gone to the District Commander of the Freedom Fighter to verify the names provided in the list?

Witness: Yes. I have asked District Commander of the Freedom fighter and other Freedom Fighters and did investigation.

Defence: What is the name of District Commander of the Freedom Fighter?

Witness: Md. Fajlul Haque Sentu. On 17-8-2010 I have first met him.

Defence: Whether he has been interrogated and made a witness for this case?

Witness: No.

Defence: What is the password of this email address?

Witness: How could I know that, I wonder.

Defence: The exhibit shows 18 names of the Razakars.

Witness: Yes.

Defence: The name of Khan Bahadur Syed Md. Afjal has not been mentioned in this list.

Witness: Yes, but Mawlana Abdur Rahim’s name has been included.

Defence: There is a name of a Barrister.

Witness: Yes.

Defence: Among these 18 people, who were ‘Mohaddes’, ‘Modassher’ and ‘Student’?

Witness: It has not been mentioned in my note.

Defence: According to your provided information Mr. Sayedee’s was not a ‘Mohaddes’, ‘Modassher’ or ‘Student’ in 1971.

Witness: Not true.

Defence: Whether the District Rajakar Commander Manik Khondkar has joined the Rajakar from the Ansar Team?

Witness: ‘Mohaddes’, ‘Modassher’ and ‘Student’

Defence: You have collected a list of freedom fighters of Pirojpur District Common Council, Bangladesh Muktijoddha Sangshad from the District Administration.

Witness: Yes.

Defence: There is a name in serial number 46 in the list of people who were against the liberation war. What is that name.

Witness: Delwar Shikdar. Father- Rasul Shikdar.

The cross examination stopped for the day and the bail application relating to Golam Azam was heard.