17 Sep 2012: Nizami 1st witness cross exam day 4

The Chief Prosecutor first stated that the witness in Nizami’s case was present that morning, and asked whether he could be dealt with at the beginning of the day. Misbahur Rahman Chowdhury came to the witness box and the cross examination continued [See earlier cross examination here]

Defence: You have been arrested in 1994 for a violent conduct on a program arranged by the Islamic Foundation where the President was present as the Chief Guest.

Witness: Yes, but afterwards I was found innocent.

Defence: You have been detained under the Special Powers Act for 30 days and also been taken on remand for 2 days.

Witness: Yes.

Defence: In 1994 you have leaded a procession of the snake charmers.

Witness: Not true.

Defence: Have you taken any legal action against the newspapers who have published the untrue news about you?

Witness: I don’t use to take any legal action against any newspaper but I have sent a copy of my objection at that newspaper.

Defence: When have you sent the objection letter after the publishing of the news?

Witness: When the Newspaper has published the news then I was detained and my organization has sent a copy of objection. The newspaper has not published our objection but the other papers have published the same.

Defence: You were the president of the Baitul Mokarrom Hawker’s Committee.

Witness: No. I was the president of Baitul Mokarrom Musolli Committee.

Defence: By isolating the Islamic Foundation from the Baitul Mokarrom have you tried to operate Islamic Foundation in your own way?

Witness: No.

Defence: Did you have the license of exporting human resources?

Witness: No.

Defence: There was a charge against you of extortion.

Witness: Not true.

Defence: Do you know Munni Begum of 168, Basabo, Dhaka?

Witness: Yes. After the completion of the registration of the marriage with her we have mutually separated by the consent of our families before we start living marital life.

Defence: Do you know Ajijur Rahman of 178/B Khilgaon?

Witness: No.

Defence: Was you there in any rental house at Khilgaon?

Witness: Yes. But I came to know that- the landlord is a member of Jamaat-e-Islami then I have left the house.

Defence: That landlord has raised a complaint against you of theft.

Witness: I don’t know.

Defence: You are at present a member of board of Governors of Islamic Foundation.

Witness: Yes.

Defence: You have set up a construction of a hospital at Moulovibazar Upozila.

Witness: A hospital over our paternal property has been founded by the respectable Khatib Mawlana Salauddin Ahmed of Baitul Mokarrom on 2011. The construction work has not yet been started.

Defence: Who is the managing director of Tourist World Associates Ltd.?

Witness: Me.

Defence: Who is the chairman?

Witness: My elder sister Begum Gulshan Aktar who is settled at London.

Defence: The local people have raised an objection against your foundation of the Hospital as that has been founded over another’s property.

Witness: Not true.

Defence: Md. Mominul Haque is the writer of the book ‘Moulovibazar Zilar Itihas’.

Witness: I have neither read that book nor heard about it.

Defence: A memorial titled ‘Shotabdi’ has been published on the celebration of 100 years of Moulovibazar district.

Witness: Yes.

Defence: This book contains the names of several people who were in favor or against the liberation war.

Witness: Might be.

Defence: Your father’s and yours name were contained on that book as the people against the cause of liberation war.

Witness: I don’t know.

Defence: Your name has also been contained in the book ‘Moulovibazar Zilar Itihas’- so you are denying that.

Witness: Not true.

Defence: Brigadier Malik, Colonel Sorforaj Malik, Captain Nur Uddin Khan was in the duty on 1971.

Witness: I don’t know. But afterwards I have heard the several names.

Defence: Have you heard the names of Brigadier Ali, Major Ajij Ghotok, Captain Yousuf, Captain Rafik, Subedar Lalmoni who were in duty of Moulovibazar Mohkuma?

Witness: I have heard the name of Captain Yousuf among these names.

Defence: What was the nearest Army Camp from your house at 1971?

Witness: It was located 2 miles away from our house at the end of Court House, in a Circuit house.

Defence: Whom among the leaders of Islamic Chatro Sangha of Moulovibazar did you meet in 1971?

Witness: Sirajul Islam Motlib, Md. Ali, Ishak of Islamic Chatro Sangha and Advocate Abdul Jalal Chowdhury and the Ameer of Moulovibazar Jamaat-e-Islami. I have discussed with them for 2 days by sitting at the office of Jamaat-e-Islami at 1971.

Defence: Where was the office of Jamaat-e-Islami located at?

Witness: It was located at Choumohona Chottor.

Defence: What was the distance of Moulovibazar circuit house and Jamaat-e-Islami Office?

Witness: It was less than half a mile away.

Defence: There was a separate office of Islamic Chatro Sangha with the Jamaat-e-Islami Office.

Witness: Yes.

Defence: Where were the offices of Jamaat-e-Islami and Razakar located at?

Witness: I don’t know.

Defence: Whether the official activities of Al Badar has started before you leave for London?

Witness: The activities of the Al Badar of Moulovibazar district has started before I left for London but it has not been officially started.

Defence: Where was the office of Shahin Fouz located at?

Witness: There was no official office of that organization, but used to conduct their activities at the office of Islamic Chatro Sangha.

Defence: Have you met Major Fakhrul?

Witness: No.

Defence: Have you gone through the list of 195 prisoners of war prepared on the time of Shekh Mujibur Rahman Government?

Witness: Yes I have seen that in the newspaper.

Defence: Whose name was enlisted at the top?

Witness: I can’t remember.

Defence: Was the name of Major Fakhrul was there?

Witness: I can’t remember, as I have not watched the names of Pakistanis with great caution.

Defence: Whether there was any of Bangali in that list?

Witness: No.

Defence: What were the dates when you have visited the office of Jamaat-e-Islami?

Witness: I can’t remember. I first went before receiving the letter of Sirajul Islam Motlib and second time I have gone at the next day when I have received the letter.

Defence: Did Mr. Motlib used to regularly visit your house?

Witness: No.

Defence: Did Mr. Motlib send you only one letter when you were a member of Chatro Sangha?

Witness: Yes.

Defence: What is the distance of your house from the house of Mr. Motlib?

Witness: At that time Mr. Motlib has no house at the town. He used to stay at the student hostel. I have not visited his house at his village, but it might be 7 to 8 miles away from our house.

Defence: What was the distance of your house and the student hostel?

Witness: It was about 2 miles.

Defence: After the liberation where did the freedom fighters set up their first camp?

Witness: At the Government High School of Moulovibazar.

Defence: Who was in charge of that Camp?

Witness: I can’t remember. But my first cousin Toufikul Haque Chowdhury who was the freedom fighter commander and another one named Mosabbir who is now the Upazila Chairman were there. There were other relatives of us, 2 days before 16th December, 1971 Moulovibazar became liberated.

Defence: Who was the then MNA (Member of National Assembly) of Moulovibazar district at that time?

Witness: Isial Ali.

Defence: Have you raised any complaint against Major Fakhrul till date?

Witness: No. I have not raised any complaint against anyone to Toufilul Haque Chowdhury or Ilias Ali or anyone else till now.

Defence: Have you met Mr. Motlib after the liberation till your departure towards London?
Witness: No because he has concealed himself at that time.

Defence: Have you met the central leaders of Islamic Chatro Sangha after the liberation of 1970 to 25th March, 1971?

Witness: I have met many leaders.

Defence: Have you attended any program arranged by Islamic Chatro Snagha at Dhaka in 1970?

Witness: No.

Defence: Was there any program at Moulovibazar organized by the central Islamic Chatro Snagha at 1970?

Witness: I can’t remember.

Defence: Have you heard the name of Pachgaon village under the Rajnagar police station of Moulovibazar?

Witness: Yes. But I have not gone there.

Defence: Have you gone to the Udana tea garden?

Witness: No.

Defence: Have you gone to Mojid pur?

Witness: No.

Defence: Can you mention the name of the remarkable place of genocide at Moulovibazar?

Witness: Pachgao of Rajnagar.

Defence: Where is your maternal grandfather’s house located at and what is his name?

Witness: His house is at Nabinagar and his name is Onnoda Thakur Bhattacharjya. They used to live at west Bengal before the partition of 1947.

Defence: Who is Moinuddin Chowdhury Modhu Mia?

Witness: He is my first cousin.

Defence: You have tried to kill him by the assistance of Pakistan Army at 1971.

Witness: Not true.

Defence: What was the sector under which your area was situated at 1971?

Witness: I can’t remember.

Defence: Is Mr. Motlib alive?

Witness: Yes.

Defence: Has the investigation agency has directed him to be present?

Witness: I have heard that he has been instructed but he has not been present.

Defence: Has he absconded himself?

Witness: No.

Defence: Have you watched the hand writings of Mr. Motlib?

Witness: Yes, because he used to direct us to be present at the meeting by writing on his own handwriting over papers.

Defence: Have you submitted any handwritten paper of Mr. Motlib to the Investigation officer?

Witness: No, because he has not asked for that.

Defence: Can you submit any hand written papers of Mr. Motlib to the Tribunal today.

Witness: I can’t give it today, but if the Tribunal orders that I will try to do that.

Defence: When the activities of Al Badar have officially been started at Sylhet?

Witness: I have heard that it was at August.

Defence: What is the number of Al-Badars at Moulovibazar you have found?

Witness: If the Jamaat-e-Islami publish the names of their member then it would be possible for me to state the numbers of Al Badar at Moulovibazar.

Defence: Can you state 10 names of Al Badar at Moulovibazar.

Witness: No, I have not researched on that topic.

Defence: Do you have any idea about Regiment, Contingent and Tablo?

Witness: I have some ideas about regiment.

Defence: Is there any youth organization of Jamaat-e-Islami?

Witness: No there is no organization like that till date.

Defence: When have got the first news about the formation of Al Badar?

Witness: I have got the news of formation by the letter of Sirajul Islam Motlib in 1971.

Defence: Have you found any papers published by Jamaat-e-Islami about the formation of Al Badar by Jamaat-e-Islami in your research?

Witness: No, because those have already been destroyed.

Defence: When did you get the information that the papers of Jamaat-e-Islami have been destroyed?

Witness: I have found that in 1977 to 1978 by my research. I have published the excerpt of the research on February, 2007 by a press conference; the full report has not been published yet.

Defence: Have you gone to Motiur Rahman Nizami durin preperation of the report?

Witness: I have not personally asked him about the report, though I have met him twice after the formation of the Four Party Alliance.

Defence: Have you met Mr. Motiur Rahman Nizami after the division of Islami Oikkojot between you and Mufti Ejahar?

Witness: I can’t recall.

Defence: Was Jamaat-e-Islami banned before the birth of Bangladesh?

Witness: Yes, it was on 1962.

Defence: How the ban was withdrawn?

Witness: By maintaining a good relation with the Pakistan Military dictators. During the ban there was no democratic Government at Pakistan.

Defence: Do you have any idea about fascism?

Witness: Yes.

Defence: The fascists do not elect their leader by the democratic system.

Witness: Though they used to elect their leader under the disguise of democratic system but they don’t follow the democratic system. Fascism comes to each state in different forms- but the most specific examples of fascist are Hitler of Germany and Musolini of Italy.

Defence: Have you been elected as the president of Shahin Fouz by the fascist system?

Witness: It has been done by the wish of the leaders of Islamic Organizations by the so called election but I don’t know if it was done by the fascist system.

Defence: How many books have been published by the Jamaat-e-Islami on Islam?

Witness: I can’t state the number but so many books have been published.

Defence: Have you published any book ….. ?

Witness: I have not published any book yet but several books have been published by respectable Ialamic Scholars.

Defence: Have you seen Jamaat-e-Islami to participate together in any procession with Awami League?

Witness: I have not watched them together but they have moved on same cause.

Defence: Have you watched the photograph of the founder of Jamaat-e-Islami Mawlana Moududi and Sheikh Mujibur Rahman sitting on the same table, discussing?

Witness: No.

Defence: Did the Jamaat-e-Islami and Awami League moved together at same election?

Witness: During the Presidential election of Fatema Jinnah against Ayub Khan, all the teams except Ayub Khan and Muslim League has supported Fatema Jinnah, among them Awami League and other parties were there.

Defence: The leader of opposition party- Awami League was the leader and the member of Jamaat-e-Islami was the Co-Leader in the East Pakistan Provincial Council of the non-partitioned Pakistan.

Witness: I don’t know. As far as I can remember the co leader was from the member of Nejame Islami.

Defence: At that time you were the member of Islami Chatro Shangha.

Witness: Yes.

Chairman: Okay the Tribunal is adjourned till 2 P.M.