Mizanul Islam: What is your name and state your identity.[Witness started crying loudly by covering his face with hands and the defence counsels have tried to console him and take him back to the statement.(10:50 A.M.)]
Witness: I’m Ganesh Chandra Shaha. Father- Late Prionath Shaha, Mother- Bhagirothi Shaha. Aged- 51 years may be.
Mizanul Islam: How did your mother die?
Witness: She died on 1971. Some freedom fighters used to live at our house and my mother used to work at the Military Camp. My mother used to bring the news of the military camps to those freedom fighters. Motiur Rahman Sardar, Kalu Molla, Jalil Molla, Hanif Khan were the freedom fighters. Motiur Rahman Sardar is the Chairman of Pirojpur now. Mother used to come at home at the night and go to the camp at morning. Mother never let us hear her conversation with the freedom fighters. After some days Military has come to our village Baghmara, there were several shots of bullets then from where 10 militaries died. The soldiers fled to Pirojpur by leaving their arms. On that day my mother was there at the Pirojpur Camp and didn’t return home on that night. On the next morning I and my brother went outside in search of our mother. The name of my brother is Late Kartik Chandra Shaha. It was almost 12 P.M. when we have heard that one woman had been caught by the armies and afterwards we have also heard that- she has been caught and then dragged over the road from Army vehicle towards the river while her waist and legs were tied up with the vehicle.
Mizanul Islam: Then what happened?Syed Haidar Ali: My Lord, I have something to say. We have produced his name as the Prosecution witness, bit he remained absent then. Now he is giving deposition on behalf of the defence. Your Lordship may kindly declare him as a hostile witness.
Witness: Then after going at the place we have watched the distorted and injured body of our mother while 5 men were sitting on the vehicle. Among those 5 men 4 were holding arms on their hands and another was the driver. All of them were wearing military uniform. I don’t know anyone of them. I could not understand what they were discussing among themselves. After sometimes they have left the place with their vehicle.
Mizanul Islam: When have you at first came to know that- you are supposed to give a deposition in this case?
Witness: It was almost 1 and half years at the middle of May when I came to know that- I am a witness of this case. The journalists and correspondents of Court have gone to my area in the matter of my mother’s death and heard the incident from my voice. It is the first day while I’m giving statement about the death of my mother. At the middle of the May Mr. Rafique Syedee has visited me and asked who have killed your mother? Then I have stated Pakistani Armies have killed my mother. Then he has asked 'whether there was other people who were involved with this killing?' Then I have stated, 'No only Pakistan Armies were involved with this killing'. Then he has again asked me please to confirm it. Then I have stated there were drama and novel about the death of my mother. Everyone has watched and each year those are being staged. Those novel and dramas are being conducted at Pirojpur. And no one else has told me about this matter. Then Mr. Rafique has asked whether 'my father has killed your mother?' Then I have asked 'who is your father?' Then he has replied 'Mr. Delwar Hossain Syedee is my father'. Then I have answered 'no he has not killed her.'
Chairman: Now his status is though his name has been produced but the Prosecution has not produced him then the defence has produced him as the DW. So, there might be no problem.
Prosecutor: No, he has changed the side. Declare him as a hostile witness or purchased witness.
Chairman: Let the cross examination be finished at first. Then come with application with relevant laws.
Start your cross examination please.
Cross Examination:
Prosecutor: For how many days Mr. Rafique has gone to your house?
Witness: He has gone for one day. At the middle of the May he has gone for religious speech (Waaz/Mahfil). It is almost 7 months from today.
Prosecutor: Have you gone to his religious meeting?
Witness: No. When he has gone to our house I was there at the field. I have been called by the cell phone. Another man has gone with him to our house. I know the other man whose name is called as- Nanna and who is the maternal uncle of Mr. Rafique.
Prosecutor: If anyone has gone to your house other than that day?
Witness: No.
Prosecutor: Have you asked them- why they’re asking you those questions?
Witness: Then he has stated. 'we don’t know who have killed your mother, so we have come here to know who have killed her. I need to know that. '
Prosecutor: Have you asked why they have come to know about the matter after long years of the incident?
Witness: No.
Prosecutor: Whether they have gone to any other houses to get to know more about this matter?
Witness: No, they have just gone to our house.
Prosecutor: Whether there is a premise titled- “Bhagirothi Chottor” at Pirojpur at the name of your mother?
Witness: Yes.
Prosecutor: When the correspondents of the Court have gone to your house?
Witness: On the last February. After their arrival they have stated- we are the correspondents of Court and come here for the purpose of investigation. They have not stated their names but just have said we have come from Dhaka. I have also not asked them their names. After one week they have again gone to my place. I have stated before them- who have killed my mother and what has happened there.
Prosecutor: Have you heard about the names of Razakars duting the liberation war?
Witness: Yes.
Prosecutor: Among whom the liberation war has been conducted?
Witness: By liberation war I have understood the fight and shots of bullets between Pakistan Armies and Freedom Fighters. I have heard that the Razakars used to caught and assist killing the people.
Prosecutor: Among the correspondents of the Court the Investigation Officer Helal Uddin was the Chief.
Witness: It may be.
Prosecutor: [Calling the IO beside him and showing him to the witness and then asked.] Whether this is the person who had gone to your house from court?
Witness: Yes.
Prosecutor: Do you know the name of the accused on behalf of whom you have come here to give statements?
Witness: The son of Mr. Sayedee has asked me. 'whether you have filed any case against my father? I have answered'- No. Then he has asked- whether you can go to the Court for the deposition? I have stated- Yes. And today I have come here for this purpose.
Prosecutor: You are giving false statements as Mr. Rafique and his uncle Nanna have provided you with monetary benefits.
Witness: Not true.
Prosecutor: Who has taken you here?
Witness: Mr. Nanna. I have arrived here at a Hotel and at this morning Mr. Nanna has taken me here.
Prosecutor: You have changed the side of being a witness for the monetary benefit.
Witness: Not true.
Prosecutor: You have given false statement after knowing that Mr. Syedee was directly involved with the killing of your mother?
Witness: Not true.
Prosecutor: It’s all about my cross examination.
Chairman: Okay the recording of the statements of the defence witness has come to an end here and the closing argument will be on 5 November. The defense lawyer urged the tribunal not to do that, but the tribunal chairman said that order had been given
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