The tribunal started with Md. Saleh Uddin coming to the witness box for his cross examination in relation to the Salahuddin Quader Chowdhury case. His testimony was given the previous day.
Justice Nizamul Huq: Mr. Counsel, Ahsanul Huq, you will get the day to complete the cross examination of this witness, as he has taken 1 hour and 20 minutes to complete his examination in chief.
The cross examination was complete and the court was adjourned.
Justice Nizamul Huq: Mr. Counsel, Ahsanul Huq, you will get the day to complete the cross examination of this witness, as he has taken 1 hour and 20 minutes to complete his examination in chief.
Lawyer: Whether there is any Science and Technology University in this country where a professor of Economics has been appointed as the Vice Chancellor?At this moment because of the side talking of the defence side and the prosecution side disturbance arose, The Justice warned them we would like to say- without the Chief Prosecutor and the conducting lawyer no one is allowed to interfere.
Justice Nizamul Huq: We will not take the question, it is not relevant.
Lawyer: What is your relationship with late AMS Kibria?
Witness: He was my uncle in laws.
Lawyer: Whether there is a University Governing Council in the Shahjalal University of Science and Technology?
Witness: There is a syndicate and academic council but there no university governing council.
Lawyer: What is the abbreviation of UGC and who is the chairman?
Witness: It is University Grant Commission and Mr. AK Azad Chowdhury is the Chairman.
Lawyer: Whether there has been any confusion for arranging the fresher’s reception program at the University?
Witness: There arose a controversy about some information, but there was no chaos.
Lawyer: You were planning to resign after the chaos.
Witness: Yes.
Lawyer: Whether a company has sent you a legal notice to pay due monies.
Witness: A company has sent me a notice for the due monies to the University.
Lawyer: During your student life, you were the supporter of the East Pakistan Student Union (Menon Group).
Witness: No but I have some closeness with them.
Lawyer: During the last term of this Government, you were the Vice Chancellor of the same University.
Witness: Yes. I was on that post for almost 5 months; afterwards I have resigned from that post.
Lawyer: On 1971 Hobigonj was a Mohokuma under Sylhet.
Witness: Yes.
Lawyer: Where did you give your statement to the Investigation Officer?
Witness: At the Office of the Investigation Agency.
Lawyer: Whether you have seen any advertisement in the newspaper to give statement about 1971?
Witness: No, I have given the statement on 16th March, 2011.
Lawyer: When did you left Chittagong University?
Witness: On 2005 I have resigned from the University.
Lawyer: Did you meet the IO anytime after giving your statement?
Witness: Yesterday.
Lawyer: Whether you have taken the IO to the Goods Hill to make present him the place and incident?
Witness: No.
Lawyer: Goods Hill is situated at the center point of Chittagong and it is a busy zone?
Witness: Yes.
Lawyer: For how many years you have stayed at Chittagong?
Witness: Near about 45 years. But I was not there on a continuous basis for all 45 years.
Lawyer: What was your brother’s profession at Chittagong?
Witness: He was working at Kalurghat Jute Mill and residing at the Kalurghat area.
Lawyer: On that time the road to Cox’s Bazar was via the Arakan Road to Kalurghat.
Witness: Yes.
Lawyer: Whether you have heard the name of Urkirchor?
Witness: Yes.
Lawyer: Chittagong College is a famous college of Chittagong.
Witness: Yes.
Lawyer: The College runs graduation course on several subjects.
Witness: Yes.
Lawyer: City College was a private College on that time and Mr Rejaul Karim was the Principal of that time.
Witness: Yes.
Lawyer: Whether Mr. Rejaul has been arrested after 1971 for being convicted as an associate of Pakistan Army?
Witness: I don’t know.
Lawyer: Whether City College was politically a very active College?
Witness: May be.
Lawyer: Whether you have any documents for being transferred from Chittagong College to City College?
Witness: I don’t have those documents right at this moment.
Lawyer: Who was the Principal of City College on that time?
Witness: Professor Mozaffor Ahmed of English Department was the Principal on that time.
Lawyer: The academic result of Chittagong College is better than City College.
Witness: Yes.
Lawyer: To go to City College from Mohora, one had to go to the road by bus in front of Kalurghat City Corporation, then had to take rickshaw or had to walk.
Witness: Yes.
Lawyer: And the way to return, one had to take a bus in front of Kalurghat City Corporation which takes someone by Abdus Sattar road to Goods Hill and then by the way beside Chittagong College.
Witness: Yes.
Lawyer: To ride on to Goods Hill someone has to follow the western pathway beside the Abdus Sattar road.
Witness: Yes.
Lawyer: The famous Goni Bakery is located at the eastern side of the Goods Hill.
Witness: Yes.
Lawyer: Kajim Ali High School is located at the northern side of the Goni Bakery.
Witness: Yes.
Lawyer: There is a road on the opposite side of Goods Hill which has linked the Abdus Sattar Road and the Sirajuddolah road. The Darul Ulum Madrasa is located in the mid of the road.
Witness: Yes.
Lawyer: There is a road named Jamal Khan Road which has joined the Abdus Sattar Road.
Witness: Yes.
Lawyer: The Jamal Khan road is located at the North-western side of the Goods Hill and the road was been connected with Abdus Sattar road in front of the Goni Bakery.
Witness: Yes.
Lawyer: Islamic Intermediate College now named as Mohsin College was located on the hill over the northern side of the road.
Witness: Yes.
Lawyer: The hill is higher than the Goods Hill.
Witness: It may be.
Lawyer: The Miskiun Shah Dorgah is located under the Hill.
Witness: Yes.
Lawyer: Saint Merry School is located at the west- northern side of the Goods Hill.
Witness: Yes.
Lawyer: The Christian Area is located beside the western side of the Goods Hill, and the Dr. Khastogir Girl’s College is located on the southern part of the area.
Witness: Yes.
Lawyer: Whether you have heard the name of the famous Doctor of Mohora village- Mr. Shayesta Khan?
Witness: Yes.
Lawyer: His chamber was situated in front of the Arakan road beside the Monty Tannery.
Witness: I don’t know.
Lawyer: The area where you were residing at 1971 was a populated area.
Witness: Yes.
Lawyer: The area was under the Pachlaish Police Station.
Witness: Yes.
Lawyer: Whether you have read the book written by Dr. Mahfujur Rahman about the war of 1971 and Chittagong.
Witness: No.
Lawyer: Whether you have read the book of Dr. Anisuzzaman which is ‘Amar Ekattor’?
Witness: Yes.
Lawyer: Whether Dr. Anisuzzaman has mentioned anything about your incident of 1971 in his book.
Witness: I can’t recall.
Lawyer: Whether you have heard about making Molotov Cocktail in Chittagong University in 1971?
Witness: No.
Lawyer: To go to Burishchor one has to take the way of Arakan Road.
Witness: Yes.
Lawyer: Burishchor was located under the Hathajari Police Station.
Witness: Yes.
Lawyer: There three wings of Muslim League in Chittagong in 1971- convention Muslim league, council Muslim league, kaiyum Muslim league.
Witness: I don’t know whether there were three groups but the convention Muslim League was prevailing there and I have heard about the other two groups.
Lawyer: You don’t have any supporting documents about the matter that- Chairman Shamshu Mia was a supporter of Convention Muslim League.
Witness: No, I didn’t.
Lawyer: Whether Badsha Mia, Maija Mia, Harun were the supporters of Convention Muslim League.
Witness: They were the supporters of Muslim League but I don’t know whether they were supporters of Convention Muslim League. Most people of Mohora village who were the supporters of Muslim League were the supporter of Fazlul Quader Chowdhury.
Lawyer: Can you recall the date of incident?
Witness: No.
Lawyer: The people who have caught you and who have freed you were all the supporters of Muslim League.
Witness: Yes.
Lawyer: Whether you had any clash with Mr. Shamshu?
Witness: No.
Lawyer: There was a residential Hostel at Chittagong College.
Witness: Yes.
Lawyer: Khoka, Nurul Islam, Gena Sikandar were previously known to you.
Witness: Yes.
Lawyer: Whether tears come into your eyes when you got hurt?
Witness: Yes, but when I get serious hurt tears could not come in my eyes.
Lawyer: Whether you have got seriously hurt on that day?
Witness: Yes.
Lawyer: Whether you have cried in that day?
Witness: At first I have cried a little, but afterwards I didn’t cry.
Lawyer: How many beds were there on that room where you have been taken up?
Witness: I can’t recall.
Lawyer: Whether you have got any bone broken by the beating?
Witness: No. But I got serious injuries over my body.
Lawyer: Whether there were any marks of blood over your Lungi [the dress].
Witness: A little amount of bloods have been marked on the Lungi, but as the shirt was white so the blood was visible over it.
Lawyer: You have said a false story about the white shirt, actually there was another shirt on your body.
Witness: Not true.
Lawyer: From when you have started living on the house of Mr. Razzak?
Witness: Since I was a student of class seven.
Lawyer: How many children of Mr. Razzak were teaching you when you were in their house?
Witness: His one son, who was then a student of Primary school.
Lawyer: You were politically so much mischievous so you have transferred to City College from Chittagong College.
Witness: Not true.
Lawyer: How many people have gathered when you were being caught by the Army Jeep?
Witness: I can’t recall.
Lawyer: Who was the local Member of your area when you were being caught?
Witness: I can’t recall. But it may be Badsha Mia.
Lawyer: Do you know Morshed Kaderi who was the son of Nurul Huda Kaderi?
Witness: No.
Lawyer: Have you consulted about this incident with Morshed Kaderi?
Witness: No.
Lawyer: How many members were there in Mr. Razzak’s family?
Witness: Then they were 5 members.
Lawyer: The members of the house where you were residing have all left the house after 25th March, 1971 to Urkirchor except the landlord.
Witness: Yes.
Lawyer: How many people were there on that area on 1971?
Witness: It was about 60 to 70 people.
Lawyer: When you were taken away to the Army Jeep, Mr. Motaleb Chowdhury was the owner of the house?
Witness: Yes. Then he was there on outside, they have taken him from the outside.
Lawyer: Whether he has talked to Shamshu Chairman on behalf of you?
Witness: I don’t know. He has told that- Almighty is all in all. The truth will win over everything.
Lawyer: Whether Jeep or convoy could go close to the house of Motaleb Chowdhury?
Witness: Yes there was a brick road.
Lawyer: Whether you have met anyone when you were taken away towards the Jeep?
Witness: I can’t recall.
Lawyer: Where did Shamshu Chairman take a drop from the Jeep?
Witness: He has taken a drop before the Jeep follows the Kaptai Road.
Lawyer: What did Fazlul Quader Chowdhury say to the soldiers?
Witness: I have not heard but I have heard that- he is saying ‘beat me’.
Lawyer: After 25th March, 1971 the Pakistan Armies has set up many camps over the hills of Chittagong.
Witness: I don’t know.
Lawyer: After 25th March there was a strong fight near the Kalurghat Bridge and Kalurghat Betar Kendra.
Witness: Yes there was a strong resistance occurring near the place.
Lawyer: Whether the place where you were staying on the time of the resistance was a safe place?
Witness: Many people have left the place by thinking it an unsafe place.
Lawyer: Who were there in your own village?
Witness: My Father- Mother- Brother- Sister were there.
Lawyer: The Bus- Train Communication was normal from the mid of April, 1971.
Witness: I don’t know. But there was a perception that- no journey or transports were safe on that time.
Lawyer: Kaderi and Badshah Mia had been called to your house.
Witness: Yes.
Lawyer: With whom did they talk to and what were the topics of the conversation?
Witness: I don’t know. They have just informed me when they were leaving.
Lawyer: You have not told it to the IO that you have conversed with them during their leaving.
Witness: I have told.
Lawyer: What was the name of the driver of Fazlul Quader Chowdhury whom you met at the room where you were staying?
Witness: I can’t recall.
Lawyer: Whether you have met the driver afterwards?
Witness: No.
Lawyer: Whether you have expressed your gratitude towards him?
Witness: No.
Lawyer: Do you know Mr. Salahuddin Quader Chowdhury was studying at Panjab of Pakistan during June- August, 1971?
Witness: No.
Lawyer: Do you read newspaper or watch television?
Witness: I read newspaper and if get time then watch the television.
Lawyer: Do you know- Mr. Salahuddin Quader Chowdhury has been elected as the member of the Parliament since 1979 till date on a consecutive basis?
Witness: I don’t know whether it was consecutive or not. But he has been elected several times.
Lawyer: Whether you have taken part in any political election?
Witness: No.
Lawyer: After the termination of this Government on the last round on 2001, what did you do within this timeframe?
Witness: Till 2001 to 2008 I have worked as a Professor in two private Universities. Then I have been appointed at Shahjalal University of Science and Technology.
Lawyer: Whether you have any publications?
Witness: Yes.
Lawyer: Do you know the names of the Pakistan soldiers?
Witness: No.
Lawyer: See, there were no soldiersduring the times about which you are talking about there at the Goods Hill?
Witness: There were West Pakistani uniformed Police.
Lawyer: Whether you have gone to any doctor for medication?
Witness: Yes I have visited Dr. Abdul Mabud of Mohora. He was an LMF doctor.
Lawyer: Whether he has given you a certificate?
Witness: No he has given me a prescription.
Lawyer: Whether you have given the prescription to the IO?
Witness: No.
Lawyer: You stating false words about your being taken and tortured at the Goods Hill.
Witness: Not true.
Lawyer: No doctor has given you any certificate as you were not injured.
Witness: Not true.
Lawyer: What is the measurement of the area of Goods Hill?
Witness: It might be over 15 Kathas.
Lawyer: What was the roof of the Garage made of?
Witness: I can’t recall but it might be made of concrete.
Lawyer: What was the length of the garage?
Witness: It was a place which could hold 4 cars at a time. There was no Veranda.
Lawyer: What was the length and width of the room where you were taken?
Witness: Approximately it was 14/15 feet in length and 10/11 foot in width.
Lawyer: The garage was of tin shed?
Witness: Might be.
Lawyer: Where was the wooden stair located at?
Witness: It was situated at the side of the Bungalow from the side of the garage.
Lawyer: The place you are mentioning about the location of the stair is the area of Mr. Saifuddin.
Witness: Not true.
Lawyer: What was the location of the garage?
Witness: It was situated at the north side of the lawn.
Lawyer: Mr. Saifuddin’s house was located at the western side of the lawn.
Witness: Not true.
Lawyer: How many cars were there then at that time?Justice Nizamul Huq: Okay, the Court is adjourned till 1:30 P.M.
Witness: There was a car.
Lawyer: Who has given you the identity of Mr. Shamshu Chairman?
Witness: He was previously known to me.
Lawyer: Did you know Salahuddin Quader Chowdhury before 1971?
Witness: Yes, he has gone to several election meetings, where I have also attended.
Lawyer: When did the Pakistan Army occupied the Chittagong University?
Witness: I don’t know. Before the occupy I have left the place, but have heard it has been occupied on the first part of April, 1971.
Lawyer: Most of all people of the area, where you were residing were the supporters of Muslim League.
Witness: Not true.
Lawyer: ‘Then I have moved towards my elder brother’s house at Chittagong and got admitted at AL Khan Mohora High School and passed the SSC exam at 1967.’—you have not mentioned these words to the IO.
Witness: I have told.
Lawyer: ‘On the same year I got admitted in Chittagong College, then transferred to the Chittagong Government City College and passed the HSC exam at 1969.’- you have not mentioned the words to the IO.
Witness: Not true.
Lawyer: ‘Then I got admitted at the Honors class at the Economics department of the Chittagong University and then passed the Masters degree on 1975. Then I got another Masterson Economics from the Tamasat University of Bangkok. In the meantime I have joined at the Economics department of the University of Chittagong as a lecturer.’—it is not true.
Witness: Not true.
Lawyer: ‘When I was a student of School, then my brother got transferred from Chittagong. As I was a good student, our Headmaster has arranged my accommodation at the Mr. Razzak Khan Chowdhury’s ‘Chowdhury House’ of village Mohora.’—you have not told it to the IO.
Witness: Not true.
Lawyer: On 1967 you were not in the merit list of 1 to 20 of the combined list.
Witness: Yes.
Lawyer: You were not a resident under the Alaul Hall of Chittagong.
Witness: Not true.
Lawyer: ‘On 1971 I was a resident under the Alamin Hall of Chittagong University. When the Hall became closed on March, 1971, I have gone to Mr. Razzak’s house again.’—you have not told it to the IO.
Defence: Whether Samsumiah Chairman is known to you or not?
Witness: May be not.
Defence: Who told it to Samsu Miah that you were in the house of Mr. Motaleb?
Witness: I do not know.
Defence: “I got bewildered by this and watched his right hand is inside the pocket of his Panjabi (a dress) which is holding a small arms. He has instructed me to go with him. When I have attempted to inform anyone about my departure, then he has told me- we are taking you for a while, no need to inform anyone. I was wearing a half sleeve shirt and a lungi. I have started walking with them in a bewildered manner. After walking for 200-300 yards, I have watched an army Jeep is waiting there. When I got closer to the Jeep, two soldiers have hold me by hand and take me to the Jeep and then searched my body. Chairman Shamshu Mia was sitting beside the driver. And Jeep started running and after sometimes the driver dropped Mr. Shamshu Mia near his house” You did not tell it to the I.O.
Witness: It is not true.
Defence: Before independence all arms were taken at the City College?
Witness: It is not true.
Defence: That was the reason you left City College.
Witness: It is not true.
Defence: You went to different meetings, assemblies being politically motivated.
Witness: It is not true.
Defence: When you climbed at hills then how many people were there?
Witness: it may be 3 or 4 persons.
Defence: How many army persons were there?
Witness: There were two army persons.
Defence: You did not see Saluddin Quader Chowdhury at Good hills that day.
Witness: It is not true.
Defence: Camp of the Alshams force was in pachlish Thana?
Witness: It is not true.
Defence: Was Alshams force the organs of the Muslim League?
Witness: I do not know.
Defence: It is not true that you have seen Hamidul Kabir Khoka and Sekander?
Witness: It is not true.
Defence: It is not true that Hamidul Kabir Khoka was the chief of the Al Shams Force?
Witness: It is not true.
Defence: Did you met with Nurul Islam after liberation?
Witness: Yes.
Defence: Have any communication with him now?
Witness: No.
Defence: It is not true that you are popular in that village.
Witness: It is not true
Defence: “Then it started moving towards Kaptai road- Noju Mia Sorok. Then it has taken me to Fazlul Quader Chowdhury’s house at Good’s Hill. Fazlul Quader Chowdhury along with his elder son Salahuddin Quader Chowdhury was sitting on the chair in front of a tea table. He has asked me in the language of Chittagong that- whether I was Salehuddin. When I have replied, he has instructed the Armies- ‘Give him Tokta’[Tokta- it means beat him.] The two armies has taken me away to the upstare of the nearby garrage of the house. Within few monutes two men entered the place. They were previously known to me. One was Hamidul Kabir Khoka and another was Gena Sekandar” You did not tell it to the I.O.
Witness: It is not true.
Defence: “After that- my face and throat got scraped, injurd and I have fallen down on the floor” You did not tell it to the I.O.
Witness: It is not true.
Defence: “I was fallen there in almost in an unconcious manner. They have started asking- where are the arms, where are the arms. At a moment they all have left the room. I was falling senseless there for almost half an hour” You did not tell it to the I.O.
Witness: It is not true.
Defence: “Once the two armies have took me by the wooden staircase to the downstairs. I saw- Salahuddin Quader Chowdhury is standing there at the end of the staircase” You did not tell it to the I.O.
Witness: It is not true.
Defence: “I saw- Salahuddin Quader Chowdhury is standing there at the end of the staircase. He has asked them by indicating me- ‘what kind of beating is this? Why there are no tears in his eyes?’ He came forward and slapped over my cheek” You did not tell it to the I.O.
Witness: It is not true.
Defence: “Then I was just thinking I might not live more” You did not tell it to the I.O.
Witness: It is not true.
Defence: “After sometime a man came who was previously known to me. And who was a student of Bangla department of the Chittagong University and was one year senior than to me. His name was Nurul Islam. I have heard he has joined the Pahartoli College of Chittagong as a Professor. He has asked me whether I have admitted anything to the armies. I have replied- I am not involved with anything, so what should I admit. Then he replied- okay, let me see. But if anyone comes, then don’t admit anything. After sometimes he has returned. Then he has asked- whether anyone of Mohora village who are the follower of Muslim League will say something in my favor? Then I have found some lights at the end of the tunnel, because I was so popular in that village” You did not tell it to the I.O.
Witness: It is not true.
Defence: “Then Salahuddin Quader Chowdhury has told me- we will collect more information about you” You did not tell it to the I.O.
Witness: It is not true.
Defence: “My shirt was shaded with the strain of blood, so they have changed it and gave another shirt to me” You did not tell it to the I.O.
Witness: It is not true.
Defence: “When I was there at the upstairs of the garage, I have seen another boy there. It seems to me that- he has also been tortured” You did not tell it to the I.O.
Witness: It is not true.
Defence: “When he was taken away to another place, on that moment Fazlul Quader Chowdhury’s driver, who was also in our room has stated- maybe he is taken away for being killed. The boy has not returned during my presence at the place” You did not tell it to the I.O.
Witness: It is not true.
Defence: No relatives of yours lived at Chittagong.
Witness: No, no one was there.
Defence: For a special reason you have gone to another rather going your own village Mohora
Witness: It is not true.
Defence: Pakistan army did not abduct you and take you at Good hills.
Witness: It is not true.
Defence: Most of the students left Chittagong University then and went to their village.
Witness: Yes.
Defence: Everything, you have made up yourselve.
Witness: It is not true.
Defence: You have given false statement for the satisfaction of the political rival party.
Witness: It is not true.
Defence: You have given false statement in false case.
Witness: It is not true.
Defence: This said story in said place and in the said manner is not true.
Witness: It is not true.
The cross examination was complete and the court was adjourned.
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