The tribunal then moved onto the case of Nizami, and the continuation of the cross-examination of Mesbahur Rahman Chowdhury, the first witness against the accused. (This continued from here)
Then Mizanul Islam asked the next question about which commander or officer of Pakistani Army controlled the Al- Badr force of East Pakistan and West Pakistan also. Though subsequently this question was not accepted, Mesbahur Rahman started giving answer saying that the political control of Badr force was under Jamat-e-Islami’s hand but he was stopped by the defense counsel and it led to a chaotic situation.
The witness suddenly lost his control and said to Tajul Islam, ‘You have been ridiculing me ever since I came here in the morning’. Tajul Islam vehemently denied having insulted the witness. The witness replied in a warning tone, ‘don't speak like that to me. I am also into politics.’ This got Tajul Islam flying into a fit and he kept shouting alternatively addressing the witness and the tribunal. He said he sought protection for having been threatened in front of the court. A former member of Jamaat's student wing, Islami Chhatra Shibir, he said, ‘I come here as a lawyer and not a Shibir cadre. I seek the protection of the court,’ Tajul Islam kept saying athis nd the tribunal Chairman, Justice Mohammad Nizamul Huq indicated that he heard what had been said and said, ‘do take your seat.’
But the defense counsel was not satisfied with this and continued to complain to the tribunal. The witness told the court that the kind of remarks that the counsel was passing were more like a politician than a lawyer. The prosecutors had stood up by this time and began shouting at the defense counsel across the aisle almost entirely drowning out the judges trying to calm the situation. The defense counsels on their part told them the prosecutor to quieten down as it was their time with their witness.
Defense counsel Mizanul Islam was clearly heard shouting to the witness in a very loud, "What is this?" The witness had hardly stopped shouting back at the counsels and at one point he and Tajul Islam were both standing, waving angrily at each other and shouting at the top of their voices. Tribunal member Justice Jahangir Hossain managed to quieten down the witness and also asked Tajul Islam to take his seat.
Prosecutor Syed Haider Ali who had stepped out of the court for some time came to find it in middle of the heated quarrel and was the first one to take the initiative to placate all the parties. After the situation was a bit normal the chief of the Tribunal ordered the defense counsel to continue the cross examination but Mizanul Islam refused to continue saying that now it is quite impossible to continue after this situation. The Tribunal at first refused then Mizanul Islam asked another question and that was
Then again Mizanul Islam asked the Tribunal to stop and then court was adjourned and Mizanul Islam was given half an hour to complete his cross in the next day.
Mizanul Islam: Did you see any FIR filed for the killing of Intellectuals in1971?An argument between defense counsel and chief of the Tribunal, in which defense counsel Tajul Islam alleged that the Tribunal was influencing the language of the witness which the Tribunal took exception to.
Mesbahur Rahman : No, I didn’t.
Mizanul Islam: Did you know who filed those FIRs?
Mesbahur Rahman: No, I didn’t.
Mizanul Islam: Did you give your evidence to the Investigation Officer in every cases filed in ICT or only in this case?
Mesbahur Rahman : Only in this case.
Mizanucel Islam: Do you know any brothers, sisters and nieces of Golam Azam?
Mesbahur Rahman: I know one or two brothers of Golam Azam but not his sisters or nieces.
Mizanul Islam: When did you first meet Golam Azam?
Mesbahur Rahman: In 1970 we first meet each other.
Mizanul Islam: After that next when did you meet?
Mesbahur Rahman: In March of 1974.
Mizanul Islam: In Saudi Arabia, when did you meet?
Mesbahur Rahman: In 1974 we met in Saudi Arabia.
Mizanul Islam: Except these above mentioned meeting did you meet him anywhere else?
Mesbahur Rahman: In London we met but didn’t talk that time.
Mizanul Islam: Except these times, did you meet him anywhere?
Mesbahur Rahman: No.
Mizanul Islam: You were selected as a member of the ‘Board of Governors’ of Bangladesh Islamic Foundation in 2008.
Mesbahur Rahman: Yes, it’s true.
Mizanul Islam: In 2008, the election commission made a list of those political parties who were rejected after asking Registration for election, did you know that?
Mesbahur Rahman: Yes, I know.
Mizanul Islam: Was the name of ‘Freedom Party’ (a political party of Bangladesh), in number 1 of that list of those parties rejected for registration?
Mesbahu Rahman: It was not in the rejected list of registrations, it was in the list of parites whose registration was cancelled.
Mizabul Islam: Did you see the list with the names that were rejected?
Mesbahur Rahma: No I didn’t see that list.
Mizanul Islam: Do you know the name of those political parties whose application for registration for election was rejected?
Mesbahur Rahman: I don’t know all the names of those parties.
Mizanul Islam: You said in your examination-in-chief that, ‘when I got the invitation for joining in Badar force I didn’t communicate with Jamat-e-Islami and Islami Chatra Sangstha, I only communicated with my father and went to London’. Is that true?
Mesbahur Rahman: Yes. It is.
Mizaul Islam: When did you get married to Munni Begum?
Mesbahur Rahman: In 1978.
Mizanul Islam: When did you get ‘Khola’ divorce with her?
Mesbahur Rahman: In that same year.
Mizanul Islam: When did your present wife pass SSC examination?
Mesbahur Rahman: I can’t remember right at this moment. But when we got married in 1981, she was a student of Bachelor of Commerce.
Mizanul Islam: Do you know anyone living in Canada named Khaled Chowdhury son of Fazlul Wadud Chowdhury and Lutfunessa Chowdhury?
Mesbahur Rahman: No, I didn’t know anyone like this but my sons name is Khaled Chowdhury and my sister and brother-in-law’s names are Fazlul Wadud Chowdhury and Lutfunessa Chowdhury.
Mizanul Islam: Do you know Abdus Sobhan was arrested in a case of this Tribunal some days ago?
Mesbahur Rahman: Yes, I know.
Mizanul Islam: Do you know him (Abdus Sobhan)?
Mesbahur Rahman: I don’t know him personally but I heard his name.
Mizanul Islam: When did you hear his name?
Mesbahur Rahman: Many days ago.
Mizanul Islam: Do you know whether he was a member of ‘ Nizam-e-Islmai’?
Mesbahur Rahman: No. I don’t know.
Mizanul Islam: What is his political identity?
Mesbahur Rahman: As far I know he did Jamaat-e-Islami.
Mizanul Islam: Did he join any other political party?
Mesbahur Rahman: I don’t know.
Mizanul Islam: What is the present condition of your General Diary which you filed to collect the letter written by Nurul Islam to Mr. Motlib?
Mesbahur Rahman: It is now under investigation.
Mizanul Islam: What is the name of the investigation officer of that case?
Mesbahur Rahman: I couldn’t remember at this moment.
Mizanul Islam: Mr. Malek did which party?
Mesbahur Rahman: I don’t know.
Mizanul Islam: Who was his chief secretary?
Mesbahur Rahman: I don’t know.
Mizanul Islam: In 1971 who was elected as MP (Member of Parliament) in Dhanmondi area of Dhaka?
Mesbahur Rahman: I can’t remember at this moment.
Mizanul Islam: Who was the candidate of MP from Jamaat in 1971?
Mesbahur Rahman: I also can’t remember.
Mizanul Islam: Did you take any interview of any acting DC, SP or OC in 1971 for your research?
Mesbahur Rahman: Yes, I took.
Mizanul Islam: Did you take the interview of Deputy Collector of the then Dhaka? What was his name?
Mesbahur Rahman: No, I didn’t. I don’t know his name also.
Mizaur Rahman: Who was the SP (Police Super) of the then Dhaka?
Mesbahur Rahman: I don’t know.
Mizanur Rahman: Did you take the interview of DC, SP or OC of the then Pabna and Sathiyan (a Thana of Pabna)?
Mesbahur Rahman: No, I didn’t take any interview of them, I didn’t feel that was necessary.
Mizanur Rahman: Did you take the interview of that DIG who was appointed for the investigation and scrutinization of the cases of killing of intellectuals.
Mesbahur Rahman: I don’t remember.
Mizanul Islam: In 1973/74 who was the Superintendant of Police of Dhaka city did you take his interview?
Mesbahur Rahman: Yes, I did.
Mizanul Islam: What was his name?
Mesbahur Rahman: SP Mr. Mahbub.
Mizanul Islam: Did you make the list of war criminals and criminals of crime against humanity?
Mesbahur Rahman: Yes, I did.
Mizanul Islam: How many names of Pakistani soldiers came in that list?
Mesbahur Rahman: There was no name of Pakistani Army, I made the list of Al-Badr force.
Then Mizanul Islam asked the next question about which commander or officer of Pakistani Army controlled the Al- Badr force of East Pakistan and West Pakistan also. Though subsequently this question was not accepted, Mesbahur Rahman started giving answer saying that the political control of Badr force was under Jamat-e-Islami’s hand but he was stopped by the defense counsel and it led to a chaotic situation.
The witness suddenly lost his control and said to Tajul Islam, ‘You have been ridiculing me ever since I came here in the morning’. Tajul Islam vehemently denied having insulted the witness. The witness replied in a warning tone, ‘don't speak like that to me. I am also into politics.’ This got Tajul Islam flying into a fit and he kept shouting alternatively addressing the witness and the tribunal. He said he sought protection for having been threatened in front of the court. A former member of Jamaat's student wing, Islami Chhatra Shibir, he said, ‘I come here as a lawyer and not a Shibir cadre. I seek the protection of the court,’ Tajul Islam kept saying athis nd the tribunal Chairman, Justice Mohammad Nizamul Huq indicated that he heard what had been said and said, ‘do take your seat.’
But the defense counsel was not satisfied with this and continued to complain to the tribunal. The witness told the court that the kind of remarks that the counsel was passing were more like a politician than a lawyer. The prosecutors had stood up by this time and began shouting at the defense counsel across the aisle almost entirely drowning out the judges trying to calm the situation. The defense counsels on their part told them the prosecutor to quieten down as it was their time with their witness.
Defense counsel Mizanul Islam was clearly heard shouting to the witness in a very loud, "What is this?" The witness had hardly stopped shouting back at the counsels and at one point he and Tajul Islam were both standing, waving angrily at each other and shouting at the top of their voices. Tribunal member Justice Jahangir Hossain managed to quieten down the witness and also asked Tajul Islam to take his seat.
Prosecutor Syed Haider Ali who had stepped out of the court for some time came to find it in middle of the heated quarrel and was the first one to take the initiative to placate all the parties. After the situation was a bit normal the chief of the Tribunal ordered the defense counsel to continue the cross examination but Mizanul Islam refused to continue saying that now it is quite impossible to continue after this situation. The Tribunal at first refused then Mizanul Islam asked another question and that was
Mizanul Islam: When did the Government of Pakistean declare A-Badr as an auxiliary force of Pakistan Army?
Mesbahur Rahman: I can’t remember right at this moment.
Then again Mizanul Islam asked the Tribunal to stop and then court was adjourned and Mizanul Islam was given half an hour to complete his cross in the next day.
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