19 Jul 2012: Sayedee IO cross exam day 33

After issuing a number of orders relating to Sayedee, the tribunal then continued with the cross examination of the investigation officer in the Sayedee case following on from the previous day

Defence: You have not found any exact date of the formation of the Pirojpur Rajakar Bahini from any freedom fighter or any local respected person.

Witness: I didn’t find.

Defence: You didn’t find any exact date about the formation of the Rajakar and Peace Committee at Parerhat area.

Witness: I didn’t find.

Defence: On 7th May, 1971 the Pakistan Army at first went to Parerhat.

Witness: Yes.

Defence: The Rajakar and the Peace Committee office has been formed after 7th May, 1971 in Parerhat.

Witness: Not true.

Defence: In 1971 who was the owner of Fokir Dash’s building?

Witness: He himself was the owner.

Defence: Whether you have met Fokir Das during the investigation period?

Witness: No. He has left towards India with his family.

Defence: Who is the present owner?

Witness: Sukur, aged- 45 years.

Defence: From whom he has got the ownership?

Witness: It has not been mentioned in my note.

Defence: How old was Fokir Das on May, 1971?

Witness: It has not been mentioned in my note.

Defence: After Pirojpur became enemy free, the freedom fighters had set up a camp at the building of Fokir Das.

Witness: Yes.

Defence: To whom the freedom fighters had handed over the building?

Witness: It has not been mentioned in my note.

Defence: In which part of India, Mr. Fokir Das is residing at present, did you find any information?

Witness: I’ve tried to gather information, but didn’t find.

Defence: To whom you have asked about the present position of Mr. Fokir Das?

Witness: Mahbubul Alam, Sukur. And I have assigned source at India.

Defence: Whether the Pirojpur District Freedom Fighter Commander have visited you at Dhaka?

Witness: It has not been mentioned in my note.

Defence: Whether you have applied towards the District special branch of police to verify the four lists of Rajakars and send reports.

Witness: No.

Defence: The exhibit-35 as well the four lists are not credible.

Witness: Not true.

Defence: You have mentioned in the statement about almost hundreds of womens who have been raped during 1971. Whether you have examined anyone of them?

Witness: No. I have not found anyone.

Defence: In the statement it has been mentioned that, almost hundreds of women have been raped and 20 names have been included there.

Witness: I can state 7 six names as following- 1. Moha Maya 2. Anno Rani. 3. Komola Rani. 4. Vanu Saha. 5. Chobi Ray. 6. Shefali Ghorami. 7. Vagirothi. I can’t mention the other names.

Defence: Whether you have got any information of any Muslim woman who was being raped?

Witness: It has not been mentioned in my note.

Defence: You have no information about the rape of women in 1971 on that area other than those 7 women.

Witness: Not true. I have got.

Defence: The information Vagirothi being raped is not included in your note.

Witness: No I have not.

Defence: Intentionally you have mentioned the names of such raped women, who won’t be available to be present before the Tribunal.

Witness: Not true.

Defence: In 1971 Syeed Abu Ala Maududi was the Chief of Jamaat-e-Islami.

Witness: Yes.

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

Defence: Who was the secretary of the Peace committee of Pirojpur District?

Witness: It is not in my note.

Defence: Peace Committee of Pirojpur consisted of how many members?

Witness: It is not in my note.

Defence: Did you know whether Khan Bahadur Muhammad Afjal was arrested after the Liberation War or not?

Witness: I do not know.

Defence: In which year he died?

Witness: I cannot remember.

Defence: Did you go to his house to seize documents?

Witness: No, I did not go.

Defence: Did you go to the Holarhaat during the investigation?

Witness: Yes.

Defence: Holarhaat is a residential area or not?

Witness: Yes but not too much populated.

Defence: Did you get direct witness who was present while Pakistan army was coming?

Witness: No, I can not remember.

Defence: Did you interrogate any people of the Holarhaat?

Witness: No.

Defence: How long distance it was from the Holarhaat to government primary school?

Witness: I do not know.

Defence: Did you get any information regarding the offence committed from the Holarhaat to Government Primary School?

Witness: I do not get any specific information.

Defence: In Pirojpur Masimpur, Masimpur busstand, Hospital, SDPO office, LGED building was situated.

Witness: Yes.

Defence: How long distance it was from the Pirojpur to the bank of Baleswar River?

Witness: It may be 1 or 2 Kilometer.

Defence: Whether Baghirathi Chattar is situated on the way to Pirojpur or not?

Witness: Yes, in one way it is situated.

Defence: How long distance it was from the Baleswar River to Baghirathi Chattar and in which side?

Witness: It may be 10 kilometer but in which side I cannot say.

Defence: Son of Baghirathi Ganesh Chandra Saha was the witness of this case or not?

Witness: No.

Defence: How far Baghirathi was dragged away by the Pakistan army?

Witness: I have found my investigation that she dragged away to the whole town.

Defence: Is there any witness who had seen this occurrence?

Witness: No, I have given their statement but they are not included as witness.

Defence: How old was Ganesh during that time?

Witness: He was 5 years old.

Defence: Did you record his statement?

Witness: Yes.

Defence: From where you have heard that Baghirathi has children and they are alive?

Witness: I have heard it from local investigation.

Defence: When?

Witness: On 5.04.11.

Defence: On 5.04.11 in which area you were?

Witness: I was at the circuit house.

Defence: On 5.04.11, did you meet with Ganesh Chandra Saha?

Witness: No, I have met with him the following day.

Defence: Did you call him at your office or went his house?

Witness: I called him in my office.

Defence: Did you take information whether uncle of Ganesh was alive or not?

Witness: No, I do not have any note this regard.

Defence: Whether there was any other camp besides the camp of Pirojpur Government High or Razlokkhi Hogh School?

Witness: I do not know.

Defence: What was the profession of Ganesh Chandra Saha?

Witness: It is not in my note.

Defence: Did Ganesh Saha tell you how old he was during the Liberation War?

Witness: He was 5 years old.

Defence: In exhibit 268, he said that he was 3 or 4 years old.

Witness: Yes, he said that he was 3 or 4 years old but in his statement he said that his present age is 45 years old. That was the reason I have said he was 5 years old.

Defence: Baghrathi was killed because he informed the freedom fighters about the location of the Pakistan army and as a result 50 or 60 Pakistan army were killed by the freedom fighters. My question is whether anyone of the freedom fighter is included as witness in the case or not?

Witness: It is not in my record.

Defence: Kartik Chandra elder brother of Ganesh Chandra heard about the incident of his mother’s killing when Commander of freedom Fighter Matiur Rahman Sarder told it to the present UP chairman and others.

Witness: Yes.

Defence: Whether Matiur Rahman Sarder is alive or not?

Witness: No, he died.

Defence: What do you mean by saying present Chairman?

Witness: Present Chairman means Chairman of the Pirojpur Town Upazilla.

Defence: Ganesh said in his statement that his mother was taken away to the bank of Baleswar River and then killed by firing.

Witness: Yes.

Defence: In his statement there is a place named as Majhir Ghat?

Witness: Yes.

Defence: You have written the statement of Ganesh Chandra Saha according to your own will.

Witness: It is not true.

Defence: Did you submit any application to the prosecution for producing Ganesh before the Tribunal.

Witness: It is not in my note.

Justice Zaheer: Whether any prayer regarding summons has been given to the prosecution or not should not be included in the notes of Witness?

Justice Anwerul-Haq: I differ on this point, actually which witnesses will be produced and which one is not produced is totally upto the prosecution not upon the Witness.

Justice Zaheer: Whether summon is issued or not? Whether witnesses are available or not? Everything has to be decided by the witness. In that case summons has been issued upon the application of the prosecution then on the basis of the summon Witness will report whether witnesses are available or not.

Haider Ali: Mr. Witness, question has been asked to you whether you report it to the Prosecution that the witnesses are available or not?

Justice Zaheer: I will ask three questions to you on behalf of the Tribunal.

Question no. 1: Did you get the process of the Tribunal for producing Ganesh Chandra Saha before the Tribunal?

Witness: Yes.

Question No.2: Did you go to the house of Ganesh for executing the process?

Witness: Yes.

Question no. 3: Did you get back a written report of the process in this regard that they are not available?

Justice Nizam: No, this question will not go. You cannot ask any question which is not according to the Act.

Justice Zaheer: Okay, then it will go by referring my name.

Justice Nizam: No, It will not go since majority of the members has opposed it.

Justice Zaheer: Okay, then it will not go. Please omit the last question.

Then the court is adjourned.