2 Aug 2012: Sayedee IO Cross exam day 42

The tribunal started by continuing with the cross examination of Helal Uddin, the investigation officer in the Sayedee case (following on from the previous day)

Mizanul Islam: Ayub Ali Hawladar’s daughter didn’t express where her father has been threatened?

Witness: No. When asking a question about the matter, she has only stated that two men came to their house and threatened them.

Defence: Whether she has given the identity of these two men?

Witness: No. Afterwards we have found the names by investigation and the source of other witnesses. I have submitted the reports with their names. Now I can’t recall those names.

Defence: When did you find these names at first?

Witness: I can’t remember.

Defence: Who had helped you to find the names of these two men from the Police department?

Witness: I have not asked for anyone’s assistance.

Defence: Whether any complaint has been filed against them?

Witness: Yes. Afterwards a report has been sent to the Coordinator of the Investigation Unit for taking action against them.

Defence: Whether the local Police have taken action against them which you asked for?

Witness: No.

Defence: Whether you have submitted any complaint against them for making obstacles in the process of this case?

Witness: I don’t have the jurisdiction to file a complaint about the matter, so I didn’t do that.

Defence: There is no existence of such people so you are concealing their names.

Witness: Not true.

Defence: There is no summary of this complaint, so it has not been accepted in the local police station and no Prosecution Report has been submitted against them.

Witness: Not true.

Defence: Witness Ayub Ali Hawladar has not stated anything about the rape of three sisters of Gourango, the torture over Vanu Shaha and the conversion of Hindus to Muslims. He was the witness in the case filed by Mahbubul Alam Hawladar, but he has not given any statement to you. He has not stated anything about the looting of Hindu area and the killing of Bishabali.

Witness: True.

Defence: You have not recorded any statement of Ayub Ali Hawladar.

Witness: Not true.

Defence: You and the Prosecution have forced Ayub Ali to give statement.

Witness: Not true.

Defence: When did you record the statement of Usha Rani Malakar?

Witness: On 20-8-2010 at 12:45 P.M. to 17:00 P.M. over a road which is in front of Mahbubul Alam Hawladar’s house.

Defence: In 1971 what was the location of Haralal Malakar?

Witness: It was at the north-western side of Kormokar Potti of Parerhat Bazar. Now it is located at the same place.

Defence: Did you know that- Horolal Malakar was sick?

Witness: I didn’t know before the statement.

Defence: What was the profession of Horolal Malakar?

Witness: Business. But I don’t know what the business was.

Defence: How long before the liberation Horolal Malakar did marry Usha Rani Malakar?

Witness: I don’t know.

Defence: Whether Horolal’s ancestor’s house is at Parerhat?

Witness: I don’t have information about it.

Defence: How many siblings did he have?

Witness: He has no siblings.

Defence: How many children he does have?

Witness: 1 son and 1 daughter.

Defence: Whether you have gone to the house of Usha Rani Malakar during the investigation?

Witness: Yes. On 20-8-2010 after the conversation I have gone to her house bfore 17:00 P.M.

Defence: What is the name of Usha Rani’s son?

Witness: Uttom Kumar, he is working at a shop.

Defence: Whether Usha Rani’s daughter stays in the same house?

Witness: Yes.

Defence: State the age of Usha Rani’s son and daughter.

Witness: Son Uttom Kuimar is aged about 48 years and daughter Jhorna is aged about 45 years.

Defence: Whether you have taken the statement of Uttom Kumar?

Witness: No.

Defence: When Usha Rani has gone to Tengrakhali, did you capture her photograph?

Witness: No.

Defence: Did you capture any photograph during the conversation?

Witness: No.

Defence: Did you capture the photograph when she was sleeping?

Witness: No, the photograph which I have captured is not at her sleeping state, but it was captured when she was lying on her bed.

Defence: Whether the Video shown in Digonto Television and the Photograph previewed in the Tribunal is of the same Usha Rani Malakar?

Witness: I don’t know.

Defence: Whether the statement of Usha Rani Malakar which was being recorded and submitted by you to the Prosecution contains the Photograph of Usha Rani?

Witness: Yes.

Defence: Whether the photograph shown by Digonto Television and your one is of the same person?

Witness: The photograph which has been captured by me was attested by me but I cannot confirm whether the photograph of Digonto Television is of the same person.

Defence: Have you onfirmed that Usha Rani cannot move by her own accord?

Witness: By watching and after the conversation I have confirmed that- she cannot move by her own accord.

Defence: Whether you have gathered the information before you went to Pirojpur about the killing of 14 people which was came out from the statement of Usha Rani?

Witness: Specifically I have gathered the information on 20-8-2010.

Defence: Whether you have gone to the area where Usha Rani’s house is located at?

Witness: Yes.

Defence: Whether Usha Rani’s son Uttom Kumar has a shop at Kormokar Potti?

Witness: I don’t know whether he has a shop, but I know he works at a shop.

Defence: Whether you have gone to the workplace of Uttom Kumar?

Witness: No.

Defence: When you were staying at Parerhat on 19-08-2010 you didn’t gather the information of the culpable activities committed by Pakistan Army or their associates.

Witness: Not true.

Defence: Who has given you the informtaion of the culpable activities of Pakistan Army or their associates when you were staying there on 19-8-2010?

Witness: Ruhul Amin Nobin, Mahbubul Alam Hawladar and others.

Defence: Whether you have recorded any statement on 19-8-2010 at Kormokar Potti?

Witness: I have conversed with many people but I have not recorded any statement.

Defence: Whom did you interrogate?

Witness: Horipod Shaha (58 years), Kala Kormokar (50 years).

Defence: Usha Rani Malakar has stated in the statement to you that 14 people had been captured and being taken away, but their names have not been mentioned.

Witness: Yes.

Defence: What is the name of Kala Kormokar’s father?

Witness: It has not been mentioned in my note.

Defence: What is Horolal Malakar’s father’s name?

Witness: It has not been mentioned in my record.

Defence: Whether Kala Kormokar is the elder brother of Horolal Malakar?

Witness: I don’t know.

Defence: Kala Kormokar is not aged about 50 years.

Witness: Not true.

Defence: To present Usha Rani before the Tribunal, you have not gone to her house with the process of this Tribunal.

Witness: Not true.

Defence: When did you gone there?

Witness: I can’t remember.

Defence: Usha Rani has not given any statement to you.

Witness: Not true.

Defence: The photograph you have captured of Usha Rani was taken when she was sleeping.

Witness: Not true.

Defence: Usha Rani can move by her own motion.

Witness: Not true. When I have gone to her house, she could not move because of her sickness

Defence: Whether any doctor’s certificate has been provided about Usha Rani’s illness?

Witness: No.

Defence: When did you first meet witness Shohidul Islam Khan Selim during the investigation?

Witness: On 18-8-2010 I have primarily interrogated him at his house at 10:00 A.M. and recorded his statement within 13:00 A.M.

Defence: If you have met Shohidul Islam Selim after 18-8-2010?

Witness: On 6-4-2011.

Defence: What is his profession?

Witness: He does business of fishes. I have gone to his workplace.

Defence: When you went to his house, then Mahbubul Alam Hawladar, Golam Mostofa and others were there with you.

Witness: Yes.

Defence: When you have arrived at the house of Shohidul, many people of the locality have gathered the place.

Witness: Yes.

Defence: Whether there was anyone of the same age or the older people than to Mr. Shohidul?

Witness: Yes. But the names have not been recorded in my note.

Defence: Whether Mr. Shohidul’s mother is alive?

Witness: Yes.

Defence: Whether his mother was present during the burning of the house at 1971?

Witness: It has not been mentioned in my note.

Defence: You have not interrogated his mother.

Witness: True, as because Mr. Shohidul has stated that- his mother is so old and is not able to come in front of us.

Defence: What is his mother’s age?

Witness: It has not been mentioned in my note.

Defence: Shohidul Islam Khan has not stated anything about what happened to his father after he has been captured and being tortured.

Witness: True.

Defence: What was Mr. Shohidul’s house of 1971 made of?

Witness: It has not been mentioned in my note.

Defence: Shohidul Islam has not mentioned about the damages incurred over their house on 1971.

Witness: True.

Defence: Shohidul Islam’s father Nurul Islam is a leader of Awami League.

Witness: True

Defence: Shohidul Islam has not mentioned about any incident happened in Parerhat bazar.

Witness: True.

Defence: Shohidul Islam was the member of Parerhat Motsho Arot Shomity and during your investigation he was a Vice-President of the organization.

Witness: I don’t know.

Defence: Did you go to the house of Mr. Shohidul with the process of this Tribunal?

Witness: Yes I have gone one time and others have gone for 3/ 4times.

Defence: If anyone of the witnesses of this case was present when you went to the house of Mr. Shohidul?

Witness: The people of the locality have come there. I can remember one’s name, which is Dalim.

Defence: Whether the Dalim you are talking about is the same man named Rofikul Islam Khan Dalim, who is Mr. Shohidul Islam Khan Selim’s younger brother?

Witness: No, he is another person.

Defence: Whom did you meet at the house of Mr. Shohidul?

Witness: His daughter- I have forgeted her name. His wife was inside the room, sometimes she has conversed from inside.

Defence: Did you investigate how many children Mr. Shohidul has?

Witness: It has not been mentioned in my note.

Defence: What does Mr. Shohidul’s daughter state to you?

Witness: She became very angry after watching me there, then asked me- why do you come here? My father has been beaten up after he became a witness. My father has filed a case for that. My education is going to be stopped. My father will not go with you, go and arrest the dacoits.

Defence: Did you see the FIR of the case filed by Mr. Shohidul?

Witness: Yes. The case been filed at Pirojpur Police Station, I cannot remember the number. As far as I can remember some people have arrived by boat and beat him up.

Defence: If Badura village is under the Pirojpur Sadar Police Station?

Witness: Yes.

Defence: Whether on that case his matter of being the witness of this case has been recorded?

Witness: Yes. Most probably the copy of the FIR has been sent from the Police Station.

Defence: If you can submit the copy to the Tribunal?

Witness: Right now I don’t have the copy in my hand so I cannot submit.

Defence: Whether the Police Report of this case has been submitted?

Witness: I don’t know.

Defence: Whether the accused in the following case and the people whose names have been submitted with your reports of 17-3-2012 and 19-3-2012 are the same people.

Witness: It has not been mentioned in my note.

Defence: Shohidul Islam’s daughter lives in Dhaka and reads in a college at Dhaka.

Witness: I don’t know.

Defence: After your visit who has gone to Mr. Shohidul’s house?

Witness: The S.I of Pirojopur Police Station Badol Krishno.

Defence: If you have given the copy of the process to SI Badol?

Witness: No.

Defence: SI Badol Krishno has not given you the copy of the report which he has submitted to the Police Station about the non finding of Mr. Shohidul Islam.

Witness: I don’t know whether he has given any copy to the Police Station, but he used to inform me orally.

Defence: Whether SI Badol has brought any witness of this case from Pirojpur?

Witness: He has assisted every time to bring the witnesses from Pirojpur.

Defence: Shohidul Islam has come to Dhaka on 10-01-2012 to give deposition before this Tribunal.

Witness: Not true.

Defence: And on 11-1-2012 and 12-1-2012 he became present before the Prosecution Office.

Witness: Not true.

Defence: On 12-1-12 at 3:00 P.M. Mr. Shohidul has been released by saying that- he need not be given deposition.

Witness: Not true.

Defence: The case which has been filed by Shohidul Islam is a mere case of extortion. You have knowingly concealed the fact.

Witness: Not true.

Defence: A name of a Dacoit named Shamim alias Dakat has been mentioned in this case.

Witness: I can’t remember.

Defence: The quotation of Shohidul Islam’s daughter is a false one.

Witness: Not true.

Defence: If the witnesses- Setara Begum, Rani Begum and Mostofa Hawladar live in the same village?

Witness: Yes, they live in village- Nolbunia.

Defence: You have written the name of Rani Begum In-laws house at Kodomtola.

Witness: Yes.

Defence: If you have visited Kodomtola during your investigation?

Witness: No.

Defence: For how many times did you visit the village- Nolbunia during your investigation? 

Witness: For one time on 3-11-2010.

Chairman: Okay the Court is adjourned till 01:30 P.M.

Defence: On which date did you know that Siraj Hawlader is died?

Witness: I knew it after going to the house of Setara Begum.

Defence: When did you know that Setara Begum, Rani Begum and Md Mustafa know about this matter of 1971?

Witness: 03-11-2010.
Defence: Are there any other witnesses in Nolbunia other than this three?

Witness: Yes, Setara Begum, Rani Begum and Md Mustafa.

Defence: In which date did you record the statement of Abdul Halim?

Witness: 20-09-2010.

Defence: How far is the house Setara Begum from the house of Abdul Halim?

Witness: I can’t say it.

Defence: Did you call Abdul Halim Babul to give statement?

Witness: No, he came himself.

Defence: Where did he come?

Witness: In Parerhat Rajlokkhi High School.

Defence: When?

Witness: Any time within 10:00 to 14:00.

Defence: In whose room?

Witness: I recorded his statement in the room of headmaster which is in ground floor of school building.

Defence: Did you hear from Manik Posari, Mofizuddin Posari or from any other inhabitant of Chitolia village about what is the name of the wife of Ibrahim Kutti?

Witness: No.

Defence: Did you not get any information from Manik Posari, Mofizuddin Posari or from any other inhabitant of that village about that where Ibrahim Kutti lived?

Witness: I can’t say as it is not in my note.

Defence: Do you know any thing about wife and children of Ibrahim Kutti?

Witness: The name of his wife is Momtaj and his son is Mahbub.

Defence: Where does Mahbub, son of Ibrahim Kutti, live now and what does he do now?

Witness: He lives in Khulna but I don’t know what he does now.

Defence: Did you ask the wife and children of Ibrahim Kutti?

Witness: No.

Defence: Where was the wife of Ibrahim Kutti during the liberation war?

Witness: I can’t say as it is not in my note.

Defence: Did Ibrahim Kutti live in the house of his father in law?

Witness: Yes, I heard the same.

Defence: Who were with you at the time you went to the house of Ibrahim Kutti’s father in law?

Witness: Noone.

Defence: Who informed you about the house of Setara Begum?

Witness: I took information from Parerhat and after going to the village I reached that house by asking the villager.

Defence: At what time did you reach in the house of Setara Begum in 03-11-2010.

Witness: at 12:00.

Defence: Who was in the house at that time?

Witness: Setara Begum, Rani Begum, Mustafa and Tota Mia.

Defence: Did you ask Tota Mia?

Witness: I asked him but didn’t record it.

Defence: Did you get any one in that village whose age is more than 55?

Witness: Yes, I got three persons.

Defence: Did you ask that three person?

Witness: Yes, I asked them separately.

Defence: What did Mustafa do at that time?

Witness: He was jobless.
Defence: What do Setara Begum and Rani Begum do?

Witness: They are house wifes.

Defence: How many children does the late Azhar Ali have?

Witness: 6 sons and 3 daughters. Sons are late Saheb Ali, Tota Mia, Jafor,Md Mustafa and daughters are Momtaj Begum and Rani Begum. I can’t say the name of his two sons and one daughter as it is not in my note.

Defence: Who is older between Rani Begum and Mustafa?

Witness: Rani Begum is 52 years of old and Mustafa is 48 years

Defence: Where does Jafor live now and what does he do?

Witness: He lives in Dhaka and works in a laundry.

Defence: In which side the area of Baroyikahli is situated from Nolbunia?

Witness: I can’t say as it is not in my note.

Defence: On which date did you go to the house of witness Setara Begum with process of Tribunal?

Witness: I didn’t go. Police super of Pirojpur gave people [for this purpose] and they went.
Defence: In which date and in which time did they go?
Witness: I can’t say as it is not in my note.

Defence: Did they give any report about that they were not found?

Witness: The O.C of Endurkani police station gave report again and again and I don’t remember the date of it.

Defence: When you went to the house of Setara Begum, she said that Pakistani army of Pirojpur camp, Danes Molla, Azhar Ali Hawlader, Asraf Ali, Abdul Mannan Hawlader, Aayub Ali, Kalam Chokider, Ruhul Amin, Abdul Hakim Munsi, Momin Uddin, Sekander Ali Sikder, Samsur Rahman( T.S.I Pirojpur police station) and Mowlovi Muslam Uddin came to their house and tortured her and her husband late Azhar Ali and killed Ibrahim Kutti and they brought Saheb Ali and her, to their camp and afterwards they gave up Setara Begum, and killed Saheb Ali. After that Setara Begum complained under section 302\147, 300, 448 of Penal Code and the witnesses of that case were Abdur Razzak, Delwar Hossain, Taher Ali Hawlader, Abdus Sattar Hawlader, witness rani begam, Azhar Ali Hawlader, Muhammad Ali and Mukbul Sikder then it was recorded as case no 9 dated 17-07-1972 after sending it by the SDO of that time of Pirojpur police station to consider it as FIR by Momtaj Begum, the wife of Ibrahim Kutti. (this part was not recorded)

Justice Nizam: We will consider at the time of final argument. If it will find that you have no authority to ask this question then we will reject it.

Defence: My Lord can I give another suggestion?

Justice Nizam: Yes.

Defence: The statements which are recorded as statement of Setara Begum, witness Rani Begum and witness Mustafa in the exhibition 265, 266 and 267, were not given by them.

Witness: It is not true.