23 Oct 2012: Chowdhury 16th witness cross exam

After dealing with the Sayedee case, the tribunal then moved onto the Salauddin Quader Chowdhury case and the cross examination of Nizamuddin Ahmed (see his testimony here)

Ahsanul Haque: Where have you passed your childhood?
Witness: At Chittagong. I knew Goods Hill area from my childhood. But I have gone to the area on the day of incident for the first time. KB Abdus Sattar Road is at the East side of the Goods Hill, Goni Bakery is at the East side of Abdus Sattar Road, then some grocery shops and houses are standing on serially.
Defence: Whether there was any Christian area at the western side of Goods Hill?
Witness: I can’t remember. But some people used to reside there.
Defence: Whether the CNB office and United Chemicals are standing beside the hill?
Witness: Yes CNB Office is locates there but I can’t remember whether the United Chemicals was there also.
Defence: What is the distance in between Aziz Nagar and Abu Nagar?
Witness: Almost 5 KM.
Defence: Whether it is necessary to cross the bridge if you’d have to go to your village?
Witness: Yes.
Defence: Whether the Muslim High School was open in June- July, 1971?
Witness: I can’t recall.
Defence: Whether the Fouzdarhat Cadet College and other school- colleges were open at Chittagong on that time?
Witness: I can’t recall.
Defence: All the school- colleges were open then- but you are acting that you know nothing about it.
Witness: Not true.
Defence: Whether there was military check post beside the Kalurghat Bridge?
Witness: I’m not sure about that.
Defence: Whether the Hazari Goli was a densely populated area and there were some medicine shops at that place?
Witness: I can’t recall but there were some residence of the minority people.
Defence: Whether many of the houses have been burnt at Hazari Goli on May to June of 1971?
Witness: Yes.
Defence: What was the holding number and the name of the owner of the house where you have taken shelter?
Witness: I don’t know.
Defence: To enter the Hazari Goli someone may follow the way of Andorkilla or the north side of Cinema Hall Palace.
Witness: Yes.
Defence: How much amount have you collected as a donation for the freedom fighters?
Witness: I have not collected the amount of donation on myself. I have gone to some people with Siddique and they have assured that they will help us.
Defence: Have you ever stated anywhere that- you have collected the amount on yourself?
Witness: No. I have just stated about my assistance.
Defence: Did you know the IO of this case before he has gone to you for the purpose of this case?
Witness: No. I have only given my statement for only one day. Most probably the day was 24th January, 2011.
Defence: Have you given any statement to the IO on 26-7-2010?
Witness: No.
Defence: Where did you give your statement at?
Witness: At the office of the Investigation Agency at the Baily Road.
Defence: Have you gone to Goods Hill with the IO to verify the place?
Witness: No.
Defence: Whether the garage of Goods Hill is made of Tin?
Witness: There was an accommodation of two or three vehicles at the garage and the roof of the garage was made of Tin and there were fence around the garage. I’m stating that was not used for the purpose of garage.
Defence: Have you seen any vehicles at the place when you were there?
Witness: No but I have watched some Pakistan Armies, they were giving guard.
Defence: On June-July, 1971 there were no Pakistan Military at the place.
Witness: Not true.
Defence: Their duty was to check the vehicles of the front road.
Witness: Not true.
Defence: The Chittagong College, Chittaging Intermediate College, Kajim Ali High School, Darul Ulum Madrasa, Saint Merry School were there near the Goods Hill.
Witness: Yes.
Defence: How many brothers and sisters do you have?
Witness: I have 3 brothers and one sister. On 1971 all of us were residing at the houses rented by my father at Chawkbazar. My elder brother Doctor Kutubuddin used to sometimes stay at the Hospital for duty.
Defence: Many of the Student Leaders used to stay at Chawkbazar.
Witness: There were some leaders.
Defence: Whether you were a follower of revolutionary Student Union?
Witness: No.
Defence: Whether Advocate Mridul Guho was your leader?
Witness: No.
Defence: What is the head office of Reuters?
Witness: London. This is a foreign base news agency.
Defence: Who was the Chief Correspondent of Reuters at Bangladesh on 1971?
Witness: Anis Ahmed.
Defence: Have you stated to Mr. Anis about your being tortured?
Witness: Yes for several times.
[Then the defence counsel threw some questions to the witness about the termination of his Job at Reuters but the Tribunal had not accepted the questions to ask and the Chairman strictly warned the journalists to not to mention that part in any of their report.]
Defence: What about the extension of your contract of service?
Witness: To save the funds the Reuters have not extended their contract with me.
Defence: Reuters never intend to involve politically in any country.
Witness: Yes.
Defence: After giving your deposition the authority of Reuters has assumed that- you are politically involve.
Witness: They might think so.[With objection of the Prosecution.] 

Here the Prosecution raised serious objection about asking this question and the defence has also answered that- the question is must justifiable and in no way harass the witness, then the Prosecution has urged before the Tribunal to take the note besides the recording that- the Prosecution has raised objection on this topic.

Chairman: Okay the Tribunal is adjourned till 2:00 P.M.

Defence: Did you know what was sent against you to the Jail in writing?Witness: No I didn’t find that ever.Defence: Do you know there is a hospital in Chittagong Jail?Witness: Yes I know.Defence: Were you given treatment there?Witness: Yes, it’s true. I was given treatment there because of my wound.Defence: Which lawyer was appointed by you?Witness: I didn’t appoint any lawyer because it was not possible for me then.Defence: Did you take any injury certificate from Jail Doctor?Witness: No, there was no system of taking injury certificate.Defence: After releasing from jail did you consult with any doctor or take any certificate?Witness: No, there was no such necessity.Defence: Did you get any fracture because of torture?Nizamddin Ahmed: No.Defence: When you were taken to the cantonment did they torture you?Witness: Of course they did.Defence: Did you eat anything there?Witness: No, they didn’t give me any food.Defence: How many days were you in Stadium Army Camp?Witness: I was in Stadium Army Camp from 6 to 13. Every day I was tortured by them.Ahsanul Hauqe: Do you know those who were arrested from countryside they were taken to the Stadium Army Camp and those who were arrested from inside the city were taken to the Circuit House.Witness: I don’t know.Defence: How far the Circuit House is from Stadium Army camp?Witness: I don’t know.Defence: What you have told in your deposition that you were arrested from Hathajari, you were taken to the Goodshill, you were tortured everything is false and taught by prosecution.Witness: It’s not true.Defence: When did you go to Italy?Witness: In 1994, as a representative of a cultural group.Defence: Mr. Saiful Alam from ‘Doinik Jugantor’, freedom fighter Bodiul Alam were with you in that trip?Witness: Yes, they were.Defence:  You were helped by Chowdhury family isn’t that the case?Witness: I don’t know whether Chowdhury family had any contribution or not but that program was sponsored by Al-Italia.Defence: Giyasuddin Qader Chowdhury gave you 1000 US dollar isn’t it?Witness: No, it’s not true.Defence: At the time when the accused was a minister you went in Goodshill as a journalist?Witness: No, it’s not true.Defence: You had hostility with Mr. Chowdhury or with his family?Witness: It’s not true.Defence: You didn’t see Salahuddin Qader Chowdhury before 1971?Witness: No.Defence: Your father had good relation with the father of Salauddin Qader Chowdhury isn’t it?Witness: I don’t know.Defence: You were arrested by the Police and taken to the Jail.Witness: No, it’s not true.Defence: What were the names of other who were with you in the cell?Witness: I can’t remember right at this moment.Defence: At the time of freedom fight Captain AR Ali Khan, Captain M. A. Safa, Professor Jogesh Shing and Nurul Momen of Daily Ettefak took shelter on Goodshill.Witness: I didn’t hear that.Defence: Did you met with Mohiuddin Chowdhury, Ebrahim Hossain, Chowdhury Babu, Moslehuddin Chowdhury in jail in 1971?Witness: No.Defence: Who was the owner of ‘Doinik Azan’ (a daily newspaper) of Chittagong?Witness: No, I don’t know.Defence: Who was the owner of ‘Shadhinota’ (another daily newspaper)?Witness: Abdullah-al-Harun.Defence: Did you know that both Doinik Azan and Shadhinota were published from same place?Witness: No, I didn’t know that.Defence: When did you come in the profession of journalism?Nizmuddin Ahmed: In the year of 1981.Defence: You were with how many newspaper/ agency?Witness: I was in 4 newspaper/agencies including one of myself.Defence: You are unable to hold a job for long time.Witness: It’s not true.Defence: Did you read Prime Minister Indira Gandhi’s speech at Columbia University, November 06, 1971?Witness: No, I didn’t read.Defence: You are not a freelance journalist at present you are connected with Financial Express.Witness: Obviously I am a freelance journalist.Defence: Who is Beluja Ispahani?Witness: He is an honorable member of board of directors.Defence: You didn’t tell about USTC military training to the I.O.Witness: It’s not true.Defence: In your deposition you have told that, ‘After continuous attack, the Bengali soldiers did not stand and they started scrolling back towards Chakbazar (another area of Chittagong)’ you didn’t say this to I.O.Witness: It’s not true.Defence: In your deposition you have told that, ‘Afterwards I tried to leave Chakbazar and to communicate with those who were fighting freedom fight and I tried to help them. Then I made a decision on my mind that I would help those freedom fighters who returned to the country after taking training. Then two months were passed’. You didn’t tell this to I.O.Witness: It’s not true.Defence: You didn’t tell to the I.O. which you told in your deposition that, “On 5^th July we were waiting for Siddique from afternoon. Suddenly at evening we heard ‘Hands UP’ but prior to this we heard the sound of coming a Jeep. Looking on window we saw that Pakistani army was pointing their gun (Chinese Rifle) on us and they wore their uniform.’’Witness: It’s not true.Defence: You told in your deposition, ‘On gunpoint they fastened our hand tightly on our back and pulled us on Jeep. We saw there were another Jeep and there were lots of Pakistani Army on it. We reached in Goods Hill just on 5/6 minutes though the distance from Hathajari to Good Hills was one or one and half kilometers. After reaching Goods Hill the smart boys who were that operation stepped up from the Jeep and shouted with joy saying, ‘mission successful’”. You didn’t tell it to the I.O.Witness: It’s not true.Defence: You told in your deposition that, I saw there was another 15/20 people like us waiting in the garden. We three were taken into the house. There I saw 10/15 familiar leaders. I saw there Mr. Fazlul Kader Chowdhury who wear Kurta and Pajama and a Zinnah cap. When we three were taken to him and made him known about us, suddenly he got very excited and told that, ‘you are freedom fighters’. You didn’t tell this to the I.O.Witness: It’s not true.Defence: You said in your deposition, ‘Then he held me very tightly and punched me on my face’. You didn’t tell this to the I.O.Witness: It’s not true.Defence: You told in your deposition, ‘I was brought into a drawing room beside this small room for a while. In that room a young boy aged 18 or 19 years old and a teenager girl came and teased me. It seemed to me that I was brought to them for exhibition.’ You didn’t tell this to the I.O.Nizmuddin Ahmed: It’s not true.Defence: You told in your deposition that, ‘In the next morning though any Bengali from Goodshill didn’t bring any breakfast for me a Punjabi soldier brought my breakfast that was one porata (kind of bread) and tea. It was like heavenly breakfast for me.’ You didn’t tell this to the I.O.
Witness: It’s not true.
Defence: You told in your deposition that, ‘In next evening I was again taken to that small room and they tortured and interrogated me again and again. Then they brought me and my other two friends to the Army Camp of Stadium by a Jeep’. You didn’t tell this to the I.O.Witness: It’s not true.Defence: Did you recognize anyone who was with you in that garden?Witness: No, I didn’t.Defence: You told that, ‘I came to know that those who brought me to GoodsHill among them there were the son of Mr. Fazlul Kader Chowdhury. Afterwards I came to know that he was Salauddin Qader Chowdhury.’ It’s false and made by the prosecution.Witness: It’s not true.Defence: You went to Ajijnogor in a non bengali institution and there you got catch with arms, they handed over you to the Pakistani Army and they directly took you to the Stadium and then Jail.Nizamudin Ahmed: It’s not true.Ahsnul Haque: In the month of November you negotiated with Pakistani Army and got release and started working against the spirit of freedom fight.Witness: It’s not true.Defence: You gave totally false evidence.Witness: It’s not true.