19 Jul 2012: Sayedee safe custody details request

The tribunal then dealt with an application seeking  details about the police responsible for the safe custody house. The written application is below. (Back to main page for this day)

1. That on 3rd June 2012 the Accused-Petitioner filed a Reply to the Prosecution’s Written Objection (hereinafter referred to as ‘the Reply’) on the Application for Review of the Accused-Petitioner against the order under Section 19 (2) IC(T)A (hereinafter referred to as ‘the Review Application’). In the said Reply it was stated that the Investigation Officer (IO) has committed fraud upon this Hon’ble Tribunal deliberately lying about the whereabouts of the Prosecution Witnesses (PWs) who were not produced before the Tribunal for giving evidence.

2. It was stated in the Reply that that the Investigation Officer brought many PWs in the Witness Safe House in Dhaka who were later on not produced before the Tribunal for giving evidence. This was evident from the PWs’ Attendance Registrar, General Diary Book and the Food Book maintained in the Witness Safe House. But the Investigation Officer maintained the position that these PWs were not available for giving evidence before the Tribunal. In its Written Objection to the Review Application the prosecution also claimed that these PWs were never brought to Dhaka and were unavailable to give evidence. This is why the PWs’ Attendance Registrar, General Diary Book and the Food Book maintained in the Safe House from 18.10.2011 to 30.03.2012 had been annexed with the Reply as Annexure ‘A’, ‘B’ and ‘C’ respectively, which clearly shows that the Investigation Officer and the Prosecutor have deliberately mislead this Hon’ble Tribunal and perverted the course of justice.

3. At the time of hearing of the Review Application, on 3rd June 2012 the learned prosecutor Sayed Haider Ali claimed that Annexure ‘A’, ‘B’ and ‘C’ of the Reply were false and fabricated documents. Therefore it has now become a central issue as to whether the PWs’ Attendance Registrar, General Diary Book and the Food Book maintained in the Witness Safe House in Dhaka are genuine or not. This has become a key issue for the Review Application.

4. That it is stated that the General Diary Book of the Witness Safe House (Annexure B to the Reply) is an hourly record of the Witness Safe House which is maintained under Regulation 377 of the Police Regulation of Bengal (PRB). It contains detail information, including mobile phone numbers and the badge numbers, about the Police Constables and the Officers who were in charge of the Witness Safe House, a list of which is given in Schedule X of this Application. It is submitted that no one other than the concerned Police Constables and the Officers of the Witness Safe House are in a position to know these information. Moreover the General Diary Book (Annexure B to the Reply) also contains diary notes containing information regarding the Witness Safe House which an outsider is not in a position to know. A list of these diary notes have been given in Schedule – Y of this Application. Since the Prosecution has challenged authenticity of Annexure A, B, and C of the Reply, it is now very important to call for the records of the relevant Police Constables and Officers (Schedule – X) and the Office records regarding authenticity of the diary notes (Schedule – Y) to cross check the same with information contained in Annexure A, B, and C of the Reply. 

5. It is submitted that for the ends of justice this Hon’ble Tribunal may exercise its inherent powers under Rule 46A of the Rules of Procedure (as amended on 28 June 2011 and 19 April 2012) to call for relevant records regarding the information in Schedule X and Y of this application.

Wherefore it is most humbly prayed that the Hon’ble Tribunal would be pleased to call for to relevant records to confirm the mobile numbers and badge numbers of the Police Staffs/Officers in the Witness Safe House as listed in Schedule X and the authenticity of the information recorded in the diary notes of the General Diary Book of the Witness Safe House as listed in Schedule Y of this Application and pass any further order(s) as it may deem fit and proper.

Schedule – ‘X’
List of the mobile numbers and badge numbers of the Police Staffs/Officers in the Witness Safe House
Serial No.	Name and Father's Name	Bangladesh Police Number	Mobile Number
1	Inspector Amzad Hossain, father - Late Moksed Ali	5885009250	1716211437
2	SI Kala Chand Ghosh, Father - Amullya Ratan Ghosh	6281028661	1712177460
3	SI Abdullah Al Baki, father Afsar Uddin Pradhan	6179008850	1945652751
4	Masum Sheikh, Ka/24254, father- Abu Bakkar Sheikh	8607121306	1913163433
5	Shah Jamal, Ka/5511, father- Munshi Shirajul Islam	7501021108
6	Munirujjaman, Ka/25278, father - Alimuzzaman	801041923	1725044312
7	Sohail Rana, Ka/6983, father - Monjur Hossain Mia	8605105783	1725175903
8	Jamal Uddin, Ka/10952,		1913163433
9	Mohiuddin Molla, Ka/28218		1714985516
10	Robiul Islam, Ka/19350, father - Hemayet Hossain	8493090313	1735054649
11	Tuhin Parvez, Ka/28588, father- Late Sheikh Khan Jahan Ali
12	Mehedi Hasan, ka/24176
13	Sri Pradip Sarkar, ka/27123, father - Ram Mohan Sarkar	8605101908	1920123268
14	Rina Akter, Ma:Ka/15013

Schedule – ‘Y’
List of diary notes recorded in the the General Diary Book of the Witness Safe House
Serial no.	Date	Time	Diary Note no.	Diary Note
1	10/18/11	8:05:00 AM	2	It is to be noted on the time mentioned beside that the officers of the Forces  who were present regarding the Baily Road International Crimes Tribunal MMC No. 133/11, date-13-10-11, are being re-registered as present on duty. Because the diary had not been opened then.
2	10/18/11	2:30:00 PM	9	On the time mentioned beside, RIO ICT informed over the telephone that according to police super (Pu. Su.) Netrokona fax no. 1795(6)/C date 13-10-11, tomorrow 19-10-11 (regarding my Se: A: 0308)  I have to testify in court in Gopalgonj.
3	11/13/11	8:20:00 AM	169	SI Abdul Baki GR No. 34(1)10/Khilgaon left for Dhaka to testify in the court
4	11/13/11	6:00:00 PM	175	SI Abdul Baki CMM DMP came back after testifying at Dhaka Court no-29.
5	11/13/11	6:10:00 PM	177	According to Police commissioner order memorandum no. Bodli/21-2011(ongsho)/8890/RO Date-03-11-11, three police inspector, two armed SI, three head constable, three Nayeks and six constable from Razarbag police line, upon getting the order, came to this safe house and carried out their duty in different date and time. The following officers were nominated for the duty:
				Description of officer forces:
				1) Police Inspector Md. Abdul Hai Molla Date of joining: 3-11-11
				2) SI (AB) 11587 Md Mojibur Rahman
				Joining date: 5-11-11
				Special CC No. 185/11, date - 5/11/11
				3) Habildar 27193 Kashinath Goswami
				Joining date: 5-11-11
				Special CC No: 85/11, Date 04-11-11
				Nayek 14224 Sri Chandan Kumar
				Nayek 3449 Md. Ayub Ali
				Constable 19046 Bahadur Ali
				Jonining date: 05-11-11
				Special CC No: 188/11, date 05-11-11
				Constable 25209 Md. Shamim Hossain
				Joining date: 5-11-11
				Special CC No. 186/11, date 5-11-11
				Constable 28864 Md. Taslim Sultan
				Joining date: 13-11-11
				Special CC no: 189/11, date 13-11-11
				Constable 7713 Sri Liton Chandra
				Joining date: 5-11-11
				Special CC no: 187/11, date 5-11-11
				There has been difficulties as a total of 17 officers and force has changed stations and the remaining officers and forces haven't been present. Discussion is continuing with the high-level officers regarding this matter. This issue is noted duly.
6	12/1/11	10:05:00 AM	9	Police Inspector (armed) Md Syed Shafiqul Islam, according to memo no. 7806/RO (head quarter), date 27/11/11, came to the safe house in Golapbag in Dhaka from Razarbag. I informed the matter to the high-level officials and noted in the diary.
7	1/12/12	8:20:00 AM	175	On the time mentioned beside, SI Kal Chand Ghosh left for CMM Court no. 31 Dhaka to testify for Case no. 41(01)10 GT 102/10, date 12/01/12.
8	1/15/12	8:20:00 AM	222	On the time mentioned beside, I, SI Abdullah Al Baki is leaving for CMM Dhaka court to testify. The case no. is 51/07, date 20/7/7.
9	3/2/12	8:05:00 AM	22	SI Kala Chand Ghosh left for Mirpur to take part in the divisional exam.
				BP Form no. -65, Bangladesh Form no-5365, page no. 0106317 of general diary book, Ba:Ni:Mu: 18/2011/2012/60,00,000 copy, Mu:A: no: 12/11-12

The tribunal then passed the following order (summary below)

This concerns the application about call for the cell number and the badge number of the police working in the safe home. In the order passed in review application we found that the defence have to prove the documents submitted by them about the safe house. As such we don’t find any reason to call for the records. As regards the authenticity of the diary notes denied by the Prosecution for the photocopy of the documents, the defence is ought to prove the materials. There has been no necessity to confirm the call/ badge number of the Police. And the petition stands rejected.