25 Sep 2012: Nizami 1st witness cross exam day 5

The tribunal started with the continuation of the cross examination of Misbahur Rahman Chowdhury in the Nizami trial (following on from this day)

Witness: Before the Cross examination starts I would like to draw your kind attention about the report published on the last week’s Daily Sangram. They have published defamatory report against me.

Chairman: We have already looked into the insight of the matter. Okay counsel start.

Defence: Where were you staying when Mr. Nizami was caught on 1971?

Witness: I don’t know whether he has been caught so this question is not relevant for me.

Defence: Do you know anyone named Md. Amir Hossain Molla, father- Haji Sujrot Ali of Address: Duaripara, Dhaka.

Witness: No.

Defence: Do you know anyone named Mojaffor Ahmed Khan, father- Late Nur Mohammad Khan of Address: Vaoal Khan Bari, Keranigonj, Dhaka?

Witness: No.

Defence: Was Mr. Nizami arrested after the country became liberated?

Witness: He has concealed himself, he has not been arrested.

Defence: Did you read the newspapers in 1971?

Witness: Yes.

Defence: Which papers?

Witness: It was not specific. Two newspapers were being bought to our house of Moulovibazar frequently, those are- Daily Sangbad, Daily Azad.

Defence: Have you ever see in those Newspapers that- Mr. Nizami was the head of Al-Badar?

Witness: I can’t remember.

Defence: Was there any news about the formation of the AL-Badar by Mr. Nizami on the newspapers which have been published right before your return to London after the victory of Bangladesh.

Witness: There were several newspapers. But I can’t remember the names of the newspapers specifically.

Defence: Whether the newspapers which were being bought to your house during the 1971 and 1972 have been collected?

Witness: Many of them have been collected.

Defence: Whether the IO has asked for any of these copies of these newspapers from you?
Witness: No.

Defence: Which newspaper you used to read during your staying at England?

Witness: The Daily Guardian and a Bangla weekly named Jonomot.

Defence: When did you go to England in 1972?

Witness: At the end of the January, 1972.

Defence: Was there any report which has been published in the Daily Guardian by mentioning Mr. Nizami as the Chief of the Al Badar?

Witness: I can’t remember. But the Daily Jonomot has published a news by mentioning him as a Al-Badar. I can’t say the exact date of publishing the report. It was within the year 1972 or 1973.

Defence: How many times did you meet the investigation officer during the investigation?

Witness: Two times.

Defence: Have you told about the report of Daily Jonomot to the IO?

Witness: He has not asked me any question.

Defence: You have not told any other matter published in the Daily Jonomot to the IO.

Witness: He has not asked me.

Defence: If the IO has asked you anything about the letter of Mr. Motlib?

Witness: Yes. I have given him a copy.

Defence: When did you first meet the IO?

Witness: I can’t remember.

Defence: When did you give the copy of the letter?

Witness: At the first meeting I have told him about it then on the next meeting I have handed over the copy. There were 25 to 30 days gap in between two meetings.

Defence: Where did you give the copy of this letter to the IO?

Witness: The IO has gone to my office and seized the copy of the letter. The address of my office is- 44 Dilkusha Commercial Area. There were two other men with the IO but I can’t remember their names now.

Defence: Whether you have ever gone to the office of the Investigation agency?

Witness: After getting a notice I have gone there and given statements by sitting there.

Defence: If the submitted copy of the letter, the exact copy of your main letter?

Witness: It is the exact copy. But at the end, the image of the words “Moulovibazar Shangothonik Jela” has been missed at the copy.

Defence: So you have not submitted the main photocopy of the letter from where the letter has been recopied.

Witness: Not true. The words have been missed on the main photocopy.

Defence: Do you known anyone named Nabil Muntasir?

Witness: No.

Defence: If you have given any interview to anyone in which you showed this letter?

Witness: Yes I have shown it to several people. At 2007 I have conducted a press conference by showing it and then I have given interview to two or three TV Channel and shown this letter.

Defence: When did you hand over the main letter to Advocate Nurul Islam Khan?

Witness: In 2007 I have given him the letter with some other documents.

Defence: Have you filed a GD against him as he has not returned those papers to you?

Witness: Yes in 2010.

Defence: If he is alive now?

Witness: Yes.

Defence: What is the result of the GD?

Witness: The investigation is continuing till date.

Defence: Have you prayed for any search warrant at the Court?

Witness: No.

Defence: Have you given any information to the IO that you have some other handwritings of Mr. Motlib at your hand?

Witness: He has not asked for that information from me.

Defence: You have prepared the letter on your own action for getting a benefit from a particular political group.

Witness: Not true.

Defence: Do you know Mr. Shahriar Kabir?

Witness: Yes.

Defence: You have given an interview at his documentary named ‘Juddhaporadh’ 71.’

Witness: No. But once he has gone to my office with a journalist of Reutars, then I have given them two interviews.

Defence: Have you shown the copy of this letter then?

Witness: Yes.

Defence: Have you spoken with any Pakistan soldier in 1971?

Witness: I can’t remember now.

Defence: After the surrender of the Pakistan soldiers at Moulovibazar on 1971 have you communicated with any Pakistan solider at Dhaka or Moulovibazar?

Witness: No.

Defence: Have you gone to Pakistan after the liberation war?

Witness: In 1995.

Defence: Have you visited any Pakistan Army Officers who have surrendered on 1971?

Witness: No.

Defence: Have you visited any Pakistan Civil Officers who were then appointed on East Pakistan at 1971?

Witness: No.

Defence: Have you submitted any letter to General Niyazi or Rao Forman Ali or any other to get the statements of Pakistan soldiers regarding the massive genocide which has been occurred in 1971 in Bangladesh?

Witness: No. But I have given letter to many of the researchers who have researched about the matter by staying at Pakistan and then I have got the result of their research also. But there were no statements of the Pakistan Generals or Army Officers.

Defence: Have you read the following books, namely- ‘The Betrayal of Pakistan’ written by General Niyazi and the translated book ‘The Birth of Bangladesh’ written by Rao Forman Ali?

Witness: No.

Defence: Have ever read any books written by any Pakistani about the formation of the Razakars, Al-Badar, Al- Shams?

Witness: No. I have read many articles on several journals and Newspapers. Among those noteworthy is the name of the Pakistani Daily newspaper Don. Among the journals the name ‘Impact’ is noteworthy here.

Defence: Do you know the name of the Dhaka Correspondent of Don?

Witness: No.

Defence: Have you collected any articles of Daily Don published on 1971?

Witness: No. But some other articles published after 1971 about the politics of Al Badar and Jamaat-e- Islami are there in my collection.

Defence: Do you have any idea, how the auxiliary forces were being regulated by the Pakistan Armies?

Witness: No.

Defence: Have you communicated with the Chief of Special branch for the purpose of your research?

Witness: No. I have only communicated with the politicians, writers, journalists, human rights activists and others who were active against the massive genocide of 1971 and I have also visited many of the sector commanders.

Defence: Who was the sector commander of your area Moulovibazar?

Witness: Major General (Rtd.) C R Datta. I have taken his interview also.

Defence: Have you taken the interview of Bangabir Kader Siddiqui?

Witness: No but I have talked with him.

Defence: When the result of your research will be published?

Witness: It has already been started publishing sequentially and the process is continuing.

Defence: How many serials have already been published?

Witness: Almost 50 articles have been published as several press releases, papers of press conferences and as articles. The topic of my research was- ‘The politics of Jamate Islami: Jamate Islami and their activities during the liberation war.’

Defence: Do you have any research paper regarding the Shaheen Fouz?

Witness: No.

Defence: Whether Shaheen Fouz was a part of Jamaat-e-Islami?

Witness: It was the force of the young people being directed by the Islami Chatro Sangha.

Defence: Have you used any materials of the Bulletins published by the Islami Chatro Sangha in your research?

Witness: Yes.

Defence: How many bulletins have been used in your research?

Witness: I can’t remember the number right now. But two or three are now in my collection.

Defence: What was the name of the Bulletin published by the ICS?

Witness: I can’t remember.

Defence: Whether there were any information published about the Pakistan Army and their auxiliary force in those Bulletins?

Witness: No. But there was an article which was being written by Mr. Nizami and contained the directions towards the members of Islamic Chatro Sangha.

Defence: Where were you on 18th December, 1971?

Witness: As far as I could remember I was at Dhaka then. Some days before 16th December, 1971 I have come to Dhaka, on 16th December, 1971 I was at Dhaka; after some days I have gone towards Moulovibazar.

Defence: Where were you then at Dhaka?

Witness: Mitali Road of Rayerbazar.

Defence: What was the distance of Mitali Road and Rayerbazar graveyards of the martyrs?
Witness: It was so close.

Defence: When did your mother die?

Witness: In 1999.

Defence: Right after the liberation war have you met Motiur Rahman Nizami?

Witness: No.

Defence: Did you watch any report against Mr. Nizami since your departure towards London after the 16th December, 1971?

Witness: Yes, but I can’t remember the names of the Newspapers. The paper is at my collection.

Defence: Whether Mr.Nizami has been mentioned as the head of the Al-Badar there?

Witness: No he has been mentioned as the founder.

Defence: You have not given this information to the IO.

Witness: He has not asked for those.

Defence: Whether the matter of the killing of the intellectuals has been included in your research?

Witness: Yes.

Defence: Whether speeches of any Minister of any country about the killing of the intellectuals have been included on your research?

Witness: I can’t remember.

Defence: How many Pakistani Generals have been held directly liable about the planning of the killing of intellectuals?

Witness: I have not researched about that. But it has been found in many research that Jamaat-e-Islami has been held liable.

Defence: An investigation commission has been formed after the liberation of Bangladesh about the killing of intellectuals and other genocides.

Witness: Yes.

Defence: Who was the Chief or the members of this Investigation Commission?

Witness: I don’t know. But afterwards Tofael Ahmed, the political secretary of Shekh Mujibur Rahman has told me on 2007 that the report finds that- the Jamate Islami and Islamic Chatro Sangha have been held liable for the killing of intellectuals. I have not asked for any copies of the report.

Defence: Whether another nongovernmental investigation commissions have been formed afterwards for the matter of the killing of intellectuals?

Witness: I have heard that.

Defence: Whether Mr. Jahir Raihan was the Chief of any of these investigation commissions?

Witness: I did not know about the matter that he was not the Chief, but nowadays I’m hearing that- he was a Chief.

Defence: Whether Barrister Moudud Ahmed was the Chief of any Commission?

Witness: I don’t know.

Defence: Have you ever seen any of the reports of the nongovernmental investigation commission?

Witness: No.

Defence: Mawlana Mannan is sometimes said to be involved with the killing of intellectuals.

Witness: Yes.

Defence: Mawlana Mannan was not involved with Jamaat-e-Islami.

Witness: True.

Defence: 40 cases have been filed about the murders of the intellectuals.

Witness: I’m not sure about the number.

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