25 Jul 2012: Sayedee IO cross exam day 36

Defence Counsel Mr. Mizanul Islam was absent and Mr. Manjur Ahmed Ansari was the conducting lawyer from the defence side. Mr. Abudur Razzaq has first appeared on the dais and stated before the Tribunal that there were 5 applications today. Justice Nizamul Huq and then Justice Nizamul Huq stated we will hear it afterwards and then pass order.

Then Mr. Manjur Ahmed Ansari continued with the cross examination of Sayedee’s investigation officer Helal Uddin. This follows on from the previous day.

The contents of the cross examination was limited to the contradiction and omission-admission of the statements of the Prosecution Witness- 1 to Prosecution Witness-5. During the contradiction on the statements of PW-2 Mr. Ahsanul Huq prayed before the Tribunal that- My Lord, it seems that this session of contradiction might continue till the end of the day. So, please allow us to come tomorrow. And the Tribunal consented and allowed him.

After sometime Mr. Ansari has asked- ‘The Pas Tohobil has been formed at the house of Nogorbasi Saha by capturing the possession.’- the PW-2 has not stated it to you. Helal Uddin has answered- Not true. Then the Counsel asked then show it and read. Then the PW started reading. The Counsel stated it has not been mentioned in the copy which has been passed to us and then he has submitted his copy to the Chairman to compare it with his copy, it has been found that- the matter has only been mentioned in the copies of the Chairman (even not in the copies of other members) and the Prosecution Witness-28.

The name Sultan Talukdar has been mentioned instead of the name Nogorbasi Saha. The Tribunal stated we will record the alteration in our recordings. Another defence Counsel Tanvir Al-Amin stated before the Tribunal that- it might have been done intentionally. Tribunal Chairman told him to count it as a mistake.

Then the Tribunal instructed the Typist to record the matter in the statement. Afterwards Mr. Manjur Ahmed Ansari has continued the contradiction of the statements of other witnesses.

The tribunal was adjourned and resumed after the lunch breach

Defence: “Whether the name of Mofizuddin posari is mentioned or not in the case no 9, Pirojpur Police Station dated on 17-08-2009 filed by Manik Posari under section 302, 380, 434 of the Penal Code”

Witness: His name is not mentioned there but come it in the investigatio

Defence: Was he(Manik posari) was engaged in the business of wine in 1971?

Witness: It was not said to me by PW6 Manik posari in his statement.

Defence: Did he say that “Mofizuddin was Manikposari’s cousin and servant in statement made to you which he said in the Tribunal”

Witness: He said that Mofizuddin is my brother and take cares of house.

Defence: Did PW6 say to you that “Pakistani army tied Mofizuddin with rope and also tied by same rope the servant of my house Ibrahim Kutti”

Witness: He didn’t say to tie with rope like this but said that they were detained by the Pakistan Army.

Defence: “Then to untie the rope they kept Kutti standing in the bridge of Parerhat and afterwards went to the south to the bridge”

Witness: He did not say it.

Defence: Did he say to you that “then Kutti shouted and the dead body of Kutti was thrown in the river”

Witness: Yes he didn’t say it.

Defence: Did he say like this that I heard from the mouth of people that Mofifizuddin poshari was being tortured?

Witness: He did not say it.

Defence: Did he say that we got the sign of blood and torture in his body.

Witness: He did not say it.

Defence: Did he say that at time of burning the houses, the papers and documents of the house were also burnt.

Witness: He did not say it.

Defence: Did PW7 say you that I and Kutti were grassing the cows in the morning of 8 may 1971.

Witness: No, he did not say it.

Defence: Did he say “that day it may be at the time of 10 or11pm we saw that there were fire and smoke in the north, then kutti and I started to go to the house of Manik and Soifuddin posari?

Witness: He did not say it.

Defence: Did PW7 Mofizuddin posari tell you that “I told kutti then the military is coming”?

Witness: He did not say it.

Defence: Did he say that, “then Kutti and I tried to flee to the south in bank of river”

Witness: He did not say like this but said that they tried to flee.

Defence: Did he tell it to you that “then Dilu said by catching the hair of Kutti, son of boar where you are going”

Witness: No he did not say it.

Defence: Did he say that, “then Razzak and many others said tie them and both of us are tied by rope of sheep”

Witness: No he did not say it.

Defence: Did he tell it to you that “There were kerosene oil at those goods which were taken out by the RAzakaar from our house then Sikander Sikder, Danes Mollah, Razzak, Dilu Sikder and Nobin asked to set our houses on fire by this kerosene oil then other rajakers did so.

Witness: No he did not say it.

Defence: Did PW7 tell it to you that, “then they started to walk by bringing me and Kutti tying by same rope?

Witness: He did not say like this.

Defence: Did he say you that, “then Dilu Sikder brought Kutti 20\30 hands far from us”

Witness: No he did not say it.

Defence: Did he say you that, they said something in Urdu but I didn’t understand and then they brought me at the Parerhat camp, after going to some way I heard sound of firing and the shouting of Kutti by saying mother and then looking backside and saw that Kutti is fired?

Witness: No he did not say it.

Defence: Did PW7 say to you that, “by looking backward I saw military throw him to the canal by giving kick and kick”

Witness: No he did not say it.

Defence: Did he say you that, then Dilu sikder, Danes Molla, Nobin and Sekander Sikder said me, where are Manik posari and Soifuddin Posari otherwise you will be fired like that one?

Witness: No he did not say it.

Defence: Did not he say to you that, then they tortured me a lot and made me body blooded and Danes Molla fall me on land by giving a jerk and said, now I will kill you if you don’t give information of two brother. There is the sign of torture in my body even now?

Witness: No he did not say it but said only they tortured me a lot of.

Defence: Did he say you that “Dilu Sikder, Sekander sikder, Nobin, Danes molla and Razzak tortured me and then they went out and came at 10pm , and said me to give news of two brothers, they told me if not they will kill me then I said them let me free first then it will be possible for me to give information”

Witness: No he did not say it.

Defence: Did he say you that may at 12am they told me to eat rice, I said I shall eat after and told them to manage for me toilet otherwise their place will be wasted?

Witness: No he did not say it.

Defence: Did he say you that, then Razzak brought me to one side of canal and told me, come after finishing your work?

Witness: No he did not say it.

Defence: Did he say you that, when razaker Razzak went to some distance by setting me there, then I went to the opposite side of the canal by untying the rope, after that then I saw from opposite side that they are searching me very much by torch, then I went to the house of Manik Posari by side of canal and did not get anyone?

Witness: No he did not say it.

Defence: Did PW7 say you that “then I went to the Sunderban”

Witness: Yes.

Then the court is adjourned.