18 Jul 2012: Sayedee IO cross exam, day 32

After passing order on the Golam Azam bail application, the tribunal then moved onto continue with the cross examination of the investigation officer in Sayedee’s case, with questions asked by Mizanul Islam. This follows on from the day before.

Defence: During the investigation of this case, Mr. Abdur Rahim was the Chief Coordinator of the Investigation Unit.

Witness: Yes.

Defence: During the investigation, you have collected a lot of documents from the investigation agency.

Witness: Yes.

Defence: During the investigation period you have been sent a report from the Pirojpur District Magistrate’s Office on 25-01-2011 holding the memorandum no- 44.344.006.07.04.012.2012/76.

Witness: Yes.

Defence: Whether there are the relevant documents of Zianagar Upazia signed by the Freedom Fighter Commander of Zianagar Upazila?

Witness: Yes.

Defence: Look at the serial-3 of the documents of Zianagar. It has been stated that- there is no raped women of 1971 war in Zianagar Upazilla.

Witness: Yes.

Defence: The serial-4 mentions the list of freedom fighters and disabled freedom fighters. The serial-11 mention about a freedom fighter named Mokarom Hossain Kabir, whose house is at Parerhat Bandar.

Witness: Yes.

Defence: Look at the serial 5 (Kha). It mentions- during the liberation war the hat-bazar, bridge, culvert etc were not damaged.

Witness: Yes.

Defence: The serial- 6(Kha) describes the list of Razakars, which has mentioned 67 names.
Witness: Yes.

Defence: The serial- 6 (Ga) states that- there were no Razakar, Al-Badr, Al-Shams at Zianagar Upazila.

Witness: Yes.

Defence: After the serial- 6 (Ga), this list states the names of 26 people who have been killed at the Bolesshoshor Bedi.

Witness: Yes.

Defence: The serial- 1 states about the Bishabali, father- Lolitbali, village- Umedpur, Upazila- Zianagar, District- Pirojpur.

Witness: Yes.

Defence: Whether you have got the information about killing of two different persons named Bishabali by the Pakistan Army or by their associates.

Witness: No. But the investigation has been directed about the abovementioned Bishabali.

Defence: The serial- 26 states about Ibrahim Kutti, Father- Late Gofur Shekh.

Witness: Yes.

Defence: The address column states that- Village- Badura, Dist- Pirojpur. It has been stated that he has been killed near the nearby pond of Parerhat Bondor.

Witness: Yes. During my investigation I have found that- Ibrahim Kutti has been caught from the house of Manik Poshari of village- Chitholia and then killed near the nearby pond of Parerhat Bondor.

Defence: You have submitted 4 lists of Razakars. The number of Razakars are not similar for each list.

Witness: Yes.

Defence: The exhibit- 35, which is a list of Razakar does not includes the name of Razakar Razzak, Moslem Mawlana, Sekendar Sikdar, Momin Kaji and others.

Witness: Yes.

Defence: Whether there was the name of the Razakar adjutant of Bakergonj District?

Witness: It has not been mentioned in my note.

Defence: Who was the SP of Bakergonj Police Station during 1971?

Witness: It has not been mentioned in my note.

Defence: Who was the head of the Bakergonj Police Special Branch during 1971?

Witness: It has not been mentioned in my note.

Defence: Whether during 1971 the head of the Police Special Branch and head of District Police was the same person?

Witness: It has not been mentioned in my note.

Defence: Who has given the charge of SDO after the killing of Mr. Abdur Razzak?

Witness: It has not been mentioned in my note.

Defence: During the liberation war who was in charge of SDO, SDPO and OC of Pirojpur Police Station?

Witness: It has not been mentioned in my note.

Defence: Right after the liberation war started, who was the OC of the Pirojpur Police Station during 25th March to 5th May, 1971?

Witness: Till 4th May, Mr. Tofajjol Hossain was in duty in charge.

Defence: He has requested SDPO Faijur Rahman to join in work.

Witness: Yes.

Defence: You have been given an information that- after the killing of Mr. Faijur Rahman, his house has been looted.

Witness: Yes.

Defence: After the liberation war was over, Mrs. Ayesha Foyej- wife of Late Foijur Rahman has filed a case for the killing of her husband by mentioning the specific names.

Witness: I have got the information but didn’t find any relevant papers.

Defence: You have not got any information about the non-inclusion of the name of Mr. Sayedee in the following case, from the deceased person’s wife Mrs. Ayesha Foyej, son Dr. Jafor Ikbal and daughter Sufia Haidar.

Witness: Not true.

Defence: Have you sent any letter to the Pirojpur Police Station to serve you the copy of the following case?

Witness: No.

Defence: You have gone to the Court to observe the General Registrar?

Witness: As I have not got any number of the following case during my investigation, so I didn’t have gone.

Defence: When a police officer goes for an investigation, generally he maintains three case diaries.

Witness: No. In general cases he maintains 2 case diaries but for special cases he maintains 3 diaries.

Defence: After the completion of the investigation, the case diary is being sent to the Circle Office and GRO office. And for the special cases the third case diary is being sent to the SP office.

Witness: True.

Defence: After the FIR is lodged; it is being send to the SP Office.

Witness: Yes.

Defence: Whether you have sent any letter to the relevant Circle Office or the SP office for serve you with the copy of the FIR of the case filed by Mrs. Ayesha Foyej on 1972?

Witness: No.

Defence: Whether you have investigated who was the GRO of Pirojpur Mohokuma during 1972?

Witness: No.

Defence: You have not presented the deceased person’s wife Mrs. Ayesha Foyej, son Dr. Jafor Ikbal and daughter Sufia Haidar before this Tribunal- because there was a chance of the disclosure of the fact that- Mr. Syedee’s name was not included in the FIR of the following case.

Witness: Not true.

Defence: Only for this above reason of disclosure, you are avoiding the matter of interrogating the relevant persons.

Witness: Not true.

Defence: Only for this above reason of disclosure, you are avoiding the fact that- you have observed the General Registrar of the case.

Witness: Not true.

Defence: How many cases have been found by you which has been lodged under the collaborators act?

Witness: It has not been mentioned in my note.

Defence: During the investigation you have found the existence of this case- under which 279 persons name have been included as the collaborators.

Witness: It has not been mentioned in my note.

Defence: Mr. Sayedee’s name has not been included in the case list under the Collaborators Act, so you are stating that- It has not been mentioned in my note.

Witness: Not true.

Defence: Whether you have asked for the report from the Pirojpur Police Station about how many collaborators have been arrested after 1971?

Witness: No. I have not sent any letter.

Defence: Whether any committee has been formed for evaluating the arrested collaborators?

Witness: It has not been mentioned in my note.

Justice Nizamul Huq: Okay the Court is adjourned till 2 P.M.

Defence: In 1971, after the declaration of independence on 26th march, all areas were under the possession of independent-seek people or E.P.R before occupying by the Pakistan Army. Whether this is correct or not?

Witness: It is not fully correct.

Defence: What is in your record?

Witness: After 26th March these areas were under the control of leadership of Pakistan army for a few days but it went beyond their control before coming back to the Pakistan army.

Defence: There was established Shorbodolia Shongram Parishad ( an united party by supporting liberation) on 26th march under the leadership of MNA Mr. Enayet.

Witness: Yes.

Defence: SDPO martyrs Faisur Rahman, Acting SDO Martyrs Abdur Razzak and Treasury Officer martyrs Saef Mizanur Rahman worked for the Sarbadolia Shongram Parishad and for the Liberation.

Witness: Yes.

Defence: After the declaration of Liberation on 26th March, arms were distributed among the Freedom fighters.

Witness: I cannot remember the date at this moment but arms had been distributed.

Defence: On 3rd May, money had been taken away from the treasury for giving it to the freedom fighters.

Witness: When it was taken away is not stated in my note.

Defence: Whether SDPO martyrs Faisur Rahman, Acting SDO Martyrs Abdur Razzak and Treasury Officer martyrs Saef Mizanur Rahman were in charge during the distribution of money among the Fredom fighters.

Witness: Saef Mizanur Rahman was there, I cannot say about rest of the persons.

Defence: Whether Pakistan Government filed any suit against them for looting money.

Witness: I do not know.

Defence: They were abducted by the Pakistan army and their associates force from the Pirojour Town.

Witness: Yes.

Defence: Whether before 3rd may any other person was acting as SDO, SDPO, Treasury officer other than Abdur Razzak, Faizur Rahman Ahmed, Saef Mizanur Rahman?

Witness: I do not know.

Defence: Did you want any information from the district administrator to know when Pakistan Army had come to the Pirojpur?

Witness: I cannot say it specifically as it not in my note.

Defence: Did you read the book “History of Pirojpuir District” for the purpose of investigation?

Witness: Yes, I have read it.

Defence: In this book there is no description of the freedom fighters and the description of those persons who opposed liberation war.

Witness: I cannot remember.

Defence: Did you read the book written by Major Ziauddin “Exciting days of Sundarban” (Sundarban er sei unmatal din gulo)

Witness: I do not have any idea.

Defence: His (Major Zia uddin) house was in Pirojpur but now at Dhaka.

Witness: Yes.

Defence: On 8th December Parerhaat was liberated under his leadership.

Witness: I cannot say the exact date.

Defence: On 8th December, Pirojpur was liberated under the leadership of Captain Shahjahan.

Witness: I cannot remember.

Defence: When Pirojpur was liberated?

Witness: On 17th December.

Defence: Who gave you this information?

Witness: Freedom fighter Ruhul Ameen.

Defence: There is a website of Pirojpur which was mentioned at the report given by the District magistrate. That is www.dcpirojpur.govt.bd

Witness: Yes.

Defence: In that site it is mentioned that Pirojpur was liberated on 8th December. That was reason you wanted to hide the information of the website.

Witness: I have browsed this site but I cannot remember the date.

Defence: Did you read the book written by Hasan Hafizur Rahman “documents on liberation war” (Shadhinota Juddher Dalil Patro)?

Witness: Yes.

Defence: In this book there was description of the letter describing the killing of SDPO Faizur Rahman.

Witness: It is not in my note.

Defence: In this book there was description of many freedom fighters.

Witness: It is not in my note.

Defence: In this book the name Mahabbul Alam Hawlader was not mentioned as freedom figfhters.

Witness: It is not in my note.

Defence: Whether there is name of Mr. Sayedee in this book?

Witness: It is not in my notes.

Defence: In this book the incident of killing Faizur Rahman, Abdur Razzak, Saef Mizanur Rahaman has not been mentioned.

Witness: I cannot say it without seeing my notes.

Defence: When the dead body of Fazur Rahman had been exhumed from the grave there were 50,000 thousands people in his funeral.

Witness: Yes.

Defence: No one of these 50,000 thousands is included as witness of the case.

Witness: It is not true.

Defence: Who are the witnesses among them?

Witness: Zafar Iqbal and Mr. Ali Haider.

Defence: Is there anyone other than his family member.

Witness: No.

Defence: Did you get any witness who was present at Baleswar Ghat on that day?

Witness: It is not in my note.

Defence: Whether there was any direct witness of the incident of Saef Mizanur Rahman and Abdur Razzak.

Witness: No it is not in my note.

Defence: Whether the area of Hospital where the occurrence of Saef Mizanur Rahman and Abdur Razzak was residential area or not?

Witness: Yes it was.

Defence: The people who were lived at that time are the same people who are living now?

Witness: No.

Defence: From where did you get the information that they are not living now at this place now?

Witness: From the local investigation, I have heard it.

Defence: Would you please tell us the name of two persons from whom you have heard it?
Witness: No, I cannot specify the name as I have heard it from the local investigation.

Defence: In the book of “shadhinota juddher dalil patro,” which date was mentioned by referring the death of Faizur Rahman?

Witness: I do not know, I have written the date which I have found from my local investigation.

Defence: You have exhibited some newspaper on exhibit no.26.

Witness: Yes.

Defence: Peace Committee of Pirojpur district was formed on 7th May. Secretary of the Peace Committee was Khan Bahadur Afzal Hossain.

Witness: Yes.

Defence: Did you have any other documents regarding the formation of Peace committee?

Witness: No, I do not have.

Defence: Did you have any documents specifying the salary of the Razakaar?

Witness: No, I do not have.

Defence: Did you have any documents in this regard that Mr. Sayedee had drawn his salary as razakaar from the treasury?

Witness: No, I do not have because after 1975 most of the documents were destroyed from the treasury.

Defence: In 1975. Delawer Hossain Saydee did not live at Pirojpur.

Witness: I cannot say as it in is not in my note.

Defence: What do you mean by saying “after 1975”?

Witness: Till the period of investigation.

Then the court is adjourned.