Tuesday, November 20, 2012

24 Sep 2012: Sayedee 6th defense witness

At the beginning of the second session the prosecution lawyer Sayed Haider Ali expressed his suspicion regarding the witness list relating to Sayedee. According to him the defense is trying to deceive regarding witness list. He pointed out that some serial numbers and the names of witnesses were not matching. He expressed his apprehension that if those names are changed there could be a scope for deception. After some arguments and checking, the matter was dealt with by the chairman of the Tribunal Justice Mr. Nizamul Haque. Then the regular proceeding started.

Rowshan Ali, the sixth defence witness in the case of Delwar Hossain Sayedee then came to the witness box [See here for the fifth witness]
Name: Rowshan Ali Father’s name: Late Sufi Daud Ali Biswas Mother’s name: Late Saleha Katun Age: about 60/62 Address: Village- Dohakola, PS- Bagharpara, District- Jessore. Profession: Farmer.

I was in same profession in 1971 as well. Today I came here to give true evidence on behalf of Delwar Hossain Sayedee. (Here Justice Mr. Nizamul Haque said that everybody comes to give true deposition, no one comes to give false evidence, isn’t it?) Then the witness said that, in the year 1969/70 Mr. Sayedee attended many religious gathering in his area. On those religious gathering I met Mr. Sayedee. He lived in a rented house in ‘New Town’ area of Jessore then. In 1971 around on last of March when the Pakistani Army was coming across and started firing and killing people everywhere then most of the people living in big town or city took shelter in villages. Delwar Hossain Sayedee also with his family took shelter with a Peer (kind of religious leader) Sadaruddin in Mohiran village of Bagherpara Police station on the middle of April. He stayed there approximately two weeks. After that Peer Sadarauddin called me to come to him. I went his house and he told me that, he had a number of family members in his house and there were some guests from town so he requested me to take Mr. Sayedee to my home as he (Saidee) also feeling some inconvenience resting there. Then on the beginning of May I took him to my house. He stayed on my place around two and half months. In the middle of July he left my house with his family and went to Pirojpur, his home district. I know Mr. Sayedee. At this moment he is present in this court. And this is all my deposition.
Cross Examination by Haider Ali:

Prosecution: How many members were there in Sayedee’s family?

Witness: 2 sons, his wife and a maid servant.

Prosecution: What was the name of her maid servant?

Witness: Macchi.

Prosecution: She was from where?

Witness: I don’t know her exact home district but I guess she was also from Pirojpur.

Prosecution: How old was she?

Witness: She was around 8/9 years old.

Prosecution: How many families took shelter on your house?

Witness: Except my family there were Mr. Sayedee’s family and my aunt’s family.

Prosecution: How old was Mr. Sayedee’s younger son?

Witness: He was a breast feeding child then.

Prosecution: Except today’s deposition how many times did you give evidence to any court of law?

Witness: Today is the first time I appeared in the court for giving evidence.

Prosecution: Is Mr. Sayedee your relative?

Witness: No, he is not my relative.

Prosecution: Did you go to his house ever?

Witness: I didn’t go his Barisal’s house but I went his Khulna’s house in 1973.

Prosecution: Why did you go to his Khulna’s house?

Witness: I went to Khulna for visiting a doctor then I visited his house.

Prosecution: Did you know after our libaration war before 1975 he was arrested?

Witness: yes, I heard about it.

Prosecution: Did you know why he was being arrested?

Witness: No. I don’t know

Prosecution: How many children Mr. Sayedee has?

Witness: He has 4 sons

Prosecution: Does he have no daughters?

Witness: No, he has not.

Prosecution: Did you know how much property he has in Pirojpur?

Witness: No I don’t know.

Prosecution: The Peer (religious leader) you mentioned, is he alive?

Witness: Yes, he is.

Prosecution: How old are Mr. Saidee’s elder son now?

Witness: Probably 45 years old.

Prosecution: Was Sayedee married in 1971?

Witness: Yes, of course.

Prosecution: How old was the Peer in 1971?

Witness: I don’t know exactly but he was older than me.

Prosecution: Can you tell some names of house owner around the Peer’s house?

Witness: Obad Ali, Golam Rasul, Ashraf Ali, Moulabi Emran etc.

Prosecution: How far is your house from the Peer’s house?

Witness: Around two kilometers.

Prosecution: Is Peer your relative?

Witness: No, he is not.

Prosecution: How many brothers do you have?

Witness: 5 brothers.

Prosecution: Would you please tell their names and ages.

Witness: My first brother Golam Rabbani he is two years elder than I, then me, then Hafizur Rahman, he is 2/3 years younger than I, then Khalilur Rahman and the last one is Abdul Jalil.

Prosecution: How many days ago do you come to know about the case?

Witness: 1 year ago.

Prosecution: From whom do you know?

Witness: From Mr. Rafiq Sayedee, over phone.

Prosecution: Before Rafiq Saidee phoned you did anyone contact with you regarding this case?

Witness: Yes, some people from tribunal went to my house.

Prosecution: How many days before?

Witness: Two or three months ago after Mr. Rafiq Saidee’s phone call.

Prosecution: How many people went there?

Witness: The acting OC of Bagharpara police station, our commander of freedom fight with some respected local persons and nearly 30 to 35 people went to my house.

Prosecution: What did they do?

Witness: They talked about the case, they were asking when did Mr. Saidee come to my house, how many days he lived etc.

Prosecution: Who were those respected local people?

Witness: Our vice-chairman Abdur Rauf, freedom fight commander Khandakar Shahidullah, respected professor of Bagharpara Girls’ College Mr. Abdur Rauf (another Abdur Rauf).

Prosecution: Did they talk about the allegation against Sayedee?

Witness: No, they didn’t tell in details.

Prosecution: Are you literate?

Witness: I only studied in 4/5 grade.

Prosecution: Could you read Bangla?

Witness: yes I could.

Prosecution: Do you read Newspaper?

Witness: Yes.

Prosecution: Did you read which allegation is brought against Saidee

Witness: War crime.

Prosecution: What else?

Witness: Whatever is included?

Prosecution: It includes what?

Witness: Setting fire on household, rape, actually I don’t remember all these things.

Prosecution: What you have read, try to remember those.

Witness: Setting fire on household, killing people, rape etc.

Prosecution: Did you read Newspaper in the year 2001/2004/2006?

Witness: I don’t read Newspaper regularly.

Prosecution: Do you know this kind of allegation came against Sayedee before filing this case?

Witness: No, I didn’t read this.

Prosecution: Have you heard anything regarding this? People talked about it or any other way?

Witness: Yes, I heard.

Prosecution: In which month did the investigation officer. go to your house?

Witness: I can’t remember.

Prosecution: Did you make any inquiry that from which office they have came?

Witness: No, I didn’t.

Prosecution: Did you contact with any officer of Tribunal

Witness: No, I didn’t. The commander told that they came from the Tribunal.

Prosecution: When did you come to Dhaka?

Witness: Two weeks ago.

Prosecution: Who brought you to the Tribunal?

Witness: Yesterday Shamim Saydee and today Masud Sayedee.

Prosecution: Did you come yesterday also?

Witness: No, yesterday Shamim Sayedee brought me to Mr. Sayedee’s home from my brother-in-law’s hosue of Rampura and today Masud Saidee brought me here.

Prosecution: When did you first meet Shamim Saidee?

Witness: I met him yesterday first but before that I talked to him over phone.

Prosecution: When the investigation officer went to your house did they do anything else except collecting information.

Witness: No, they didn’t.

Prosecution: In the time of 70’s election were you a voter?

Witness: Yes, I was.

Prosecution: Did you attend any meeting?

Witness: Except some public meeting arranged in town I didn’t attend anywhere.

Prosecution: After our liberation war where did the Peer live?

Witness: He lived in his own house.

Prosecution: Did you meet the Peer after liberation war?

Rawshan ali: Yes I did.

Prosecution: Those who attend the religious gathering are you acquainted with everyone?

Witness: Yes, I am acquanited with almost everyone.

Prosecution: Did you ever visit Mr. Sayedee’s Jessore’s house?

Witness: Yes, I went there two twice.

Prosecution: Why did you go there?

Witness: For giving him the invitation of religious gathering.

Prosecution: Did Sayedee visit your place after liberation war.

Witness: Yes. In the year of 2006, in ‘Siratunnabi’ gathering he went there and stayed there for 4 days and the last day of gathering he visited my house.

Prosecution: Were there any members of ‘peace committee’ in your area? Mention some names.

Witness: Jobed Ali, Alek Mollah, Rahatulah Mollah, Eusuf Ali.

Prosecution: When did your immediate younger brother get married?

Witness: My immediate younger brother Hafizur Rahman didn’t get married. He is a celibate.

Prosecution: When did your other brothers get married?

Witness: The dates are written in my Diary but at this moment I couldn’t remember.

Prosecution: Except your house and the Peer’s house, was there any renown resident in your village?

Witness: No, there wasn’t.

Prosecution: What did your father do?

Witness: He was a post master.

Prosecution: What kind of Post Office was this?

Witness: Sub Post Office.

Prosecution: When did you first talk to Rafiq Saidee?

Witness: In the year of 2001 at the holy month of Ramadan

Prosecution: Could you remember what the English month of that was?

Witness: I have to count then.

Prosecution: You mentioned in your deposition, “, in the year 1969/70 Mr. Saidee attended many religious gathering on his area. On those religious gathering I met Mr. Saidee. He lived in a rented house in ‘New Town’ area of Jessore then. In 1971 around last of March when the Pakistani Army was coming across and started firing and killing people everywhere then most of the people living in big town or city took shelter on villages.” These are not true.

Rawshan ali: ‘These are not true’ is not true.

Prosecution: You mentioned in your deposition that, “Delwar Hossain Saidee also with his family took shelter on Peer (kind of religious leader) Sadaruddin in Mohiran village of Bagherpara Police station on the middle of April. He stayed there approximately two weeks. After that the Peer Sadarauddin called me to come to him. I went his house and he told me that, he had a number of family members in his house and there are some guests from town so he requested me to take Mr. Saidee to my home as he (Saidee) also feeling some inconvenience resting there. Then on the beginning of May I took him to my house. He stayed on my place around two and half months. In the middle of July he leaved my house.” These are not true.

Rawshan ali: ‘These are not true’ is not true.

Prosecution: You are working against the spirit of liberation war.

Rawshan ali: This is not true.

Prosecution: Before the liberation war you were working against the spirit of liberation followers.

Witness: This is not true.

Prosecution: Where did you live at the time of liberation war?

Witness: In my home.

Prosecution: You told that Sayedee was in your house, this is not true, and he was never been in house that time.

Witness: This is not true.

Prosecution: Saidee fled away from Pirojpur and took shelter in your house after liberation war.

Witness: This is not true.

Prosecution: As you are a Jamat-e-islami follower so you are giving false evidence in favor of him.

Witness: This is not true.

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