29 Jul 2012: Azam 2nd witness cross exam

After dealing with the Sayedee IO cross examination, the cross examination of the witness Mahbub Uddin Ahmed in the Golam Azam case then took place. This follows on from his testimony which was given on 15 July

Defence: In which district were you born?

Witness: Barishal.

Defence: Have you completed your higher studies at the University of Dhaka?

Witness: Yes.

Defence: Whether you have retired from your service?

Witness: No. Most probably on 1988 the Government of Ershad has dismissed by service.

Defence: What was your designation at that time?

Witness: I was OSD [officer on special duty], establishment on that time. Before being OSD I was the SP of Dhaka.

Defence: Whether you were involved with Chatro League in Student Politics?

Witness: Yes.

Defence: Now you are involved with the politics of Awami League.

Witness: Yes.

Defence: On the 1991 election as a candidate of Awami League, you have contested Abdur Rahman Bisshash from Barishal Sadar.

Witness: Yes.

Defence: Whether you have participated in the election from the Awami League afterwards?

Witness: Yes.

Defence: When did you joined as a SDPO of Jheenaidoh?

Witness: Most probably it was September, 1970.

Defence: After joining your department on 18 March, 1970 for how long did you stay on the same post?

Witness: I was on that post till the liberation war started.

Defence: After the liberation war you have not joined as the SDPO of Jheenaidoh on the same post?

Witness: Yes.

Defence: In the liberated country when did you go to Jheenaidoh again?

Witness: After a long time.

Defence: Whether you were on the duty as a SP of Khulna?

Witness: No.

Defence: Whether you have gone to Chuadanga directly from Jhenaidoh?

Witness: Yes and I have sent my fellows to Kushtia.

Defence: Whether you have gone to Meherpur?

Witness: Yes.

Defence: Where did you go from Meherpur?

Witness: After 17th Aril, 1971 we have gone to Betai of India.

Defence: After returning from India, where did you fight at first?

Witness: On 24th April, 1971 we have fought Kagojpukur of Benapol of Jessore.

Defence: Where did you stay on 16th December, 1971?

Witness: Monirampur.

Defence: In which part you were in the duty?

Witness: I was on the duty in sector-8 sub sector- A (Alfa company).

Defence: After the liberation you have come directly to Dhaka.

Witness: Yes.

Defence: During the liberation you have given the Ansar and Mujahid training, who was the Chief of Mujahid team?

Witness: The Police force was helping before the liberation to train the Ansar and Mujahid team; I can’t remember who the Chief of Mujahid team was.

Defence: When have you heard about the liberation speech of Bangabandhu via EPR, wireless?

Witness: I can’t recall.

Defence: When did you hear the announcement of liberation from the Kalurghat Betar Kendra?

Witness: I can’t recall.

Defence: Whether at that time, did you follow the news of International Medias like- BBC, CBS, NBC, ABC etc.

Witness: Sometimes, actually I didn’t get that much time to follow those news.

Defence: Whether you have heard the interview of Bangabandhu telecaste on CBS?

Witness: No.

Defence: Whether you have got the information that- Major Zia Khan has got the responsibility of the President of this country?

Witness: No.

Justice Nizamul Huq: Who is Zia Khan?

Defence: It has been contained in the Prosecution document.

Justice Nizamul Huq: Leave it. It’s a typing mistake.

Defence: No My Lord; they have produced the name.

Justice AKM Zaheer Ahmed: Why are you arguing on a matter where there is no existence of that.

Defence: No, they have produced.

Justice Nizamul Huq: No. We will not take the question. Leave it and proceed.

Defence: After the liberation where did you visit over Bangladesh?

Witness: I have visited the whole country along with Khulna.

Defence: Where did you take the arrested prisoners of war?

Witness: I have not arrested any prisoners of war except the Pakistan Army. If someone were arrested by my subordinates, in those cases, they were taken to the local Jail.

Defence: When did you get the responsibility of Alfa Company?

Witness: May, 1971.

Defence: Whether there was any direction from your part about how the Prisoners of War would have been dealt with?

Witness: There was a Governmental direction about that.

Defence: Whether there has been any direction of a Court Marshal for these POWs till 16th December, 1971?

Witness: No.

Defence: Whether you have arrested any Razakar, Al-Badar, Al-Shams from May to 16th December, 1971?

Witness: No. But my subordinates have arrested some and taken them to me and I have talked with them.

Defence: What was the location of the headquarter of Alfa Company?

Witness: There was no headquarter, our position was at Bhomra Badh of Bangladesh and our shed was at Itinga of India.

Defence: Can you mention any name of the Razakars who have been arrested?

Witness: No.

Defence: Whether there was any DIG named Abdur Rahim at East Pakistan?

Witness: I can’t recall.

Defence: Who was the Chief of Al-Badar?

Witness: I can’t recall.

Defence: Who was the first director of Razakar team?

Witness: I don’t know.

Defence: When did you join?

Witness: On 28 February, 1973 I have joined as the SP of Dhaka.

Defence: Where did you serve as the DS?

Witness: At first I have served the Ministry of Defence, then I have served the Home Ministry, then I was the P.A. of Home Minister.

Defence: Whether any committee has been formed to send reports after adjudging the gravity of the offences of the POWs after the liberation by the Convener made from the Circle Officer of each Police Station and the Member Secretary made from the OC?

Witness: I don’t know.

Defence: Whether there has been any committee by making Mr. Abdur Rahim (Secretary of Bangabandhu) as the Convener to send a report about the killed, tortured and raped people by the Pakistan Army on 1971?

Witness: I don’t know.

Defence: Whether in 1973 there was a Secretary of the President named Abdur Rahim.

Witness: I don’t know.

Defence: Till the war starts at 1971, who was the SP of Jessore District?

Witness: Enamul Haque.

Defence: Who was the DIG?

Witness: I can’t recall.

Defence: Who was the DC of Dhaka before 16th December, 1971?

Witness: I don’t know.

Defence: Whether after the liberation war any SP/DC/SDO/SDPO has been arrested as an associates of Pakistan Army?

Witness: No.

Defence: Do you know that after the liberation war case has been filed against Mr. Gholam Azam?

Witness: Along with many people two cases have been filed against Mr. Gholam Azam.

Defence: Among those two cases one has been filed on Dhaka.

Witness: I don’t know.

Defence: Whether any charge sheet has been sent in these two cases?

Witness: I don’t know.

Defence: On 17 April, 1971 the Government has published a press release to try the War Criminals.

Witness: I don’t know.

Defence: During 17 April to 15 August, 1973 whether any charge has been brought against Gholam Azam about Crimes against Humanity or War Crimes?

Witness: I don’t know.

Defence: The Government of Bangabandhu has prepared a list of War Crimes Perpetrator.

Witness: I don’t know.

Defence: Under the general amnesty by the Bangabandhu Government Mr. Saad Ahmed, Khan A Sabur, Abdus Sattar Khan and so many people have been freed.

Witness: I don’t know.

Defence: Do you have any idea about the People’s fact finding Committee?

Witness: I have heard about its existence.

Defence: Whether you have sent a complaint to the Peoples Fact Finding commission against Mr. Gholam Azam?

Witness: No.

Defence: Whether you have given any statement against him?

Witness: No.

Defence: If anyone who were your subordinates did commit any crimes, then Mr. AKMA Aziz (local MNA) was empowered to punish him.

Witness: No. No freedom fighters did any offences who were my subordinates and I don’t know about the power of Mr. Aziz. If anyone did any crime then I would punish him.

Defence: You are desiring for the punishment of the War Criminals from the Liberation war.

Witness: Yes.

Defence: When and where did you first met the IO of this case?

Witness: I can’t remember.

Defence: Whether you have given any statement to any other place about this case before giving statement before this Tribunal.

Witness: No. But I have given deposition to the Investigation officer

Defence: No. At first you have answered No. So it would be taken.

Justice Nizamul Huq: No he has added the point afterwards.

Defence: Being alluded by the Prosecution for answering a question is not justifiable. He has answered it by the indication of the Prosecution.

Justice Anwarul Huq: When investigation officer asks something and records it then it is the deposition.

Justice Nizamul Huq: The record we have taken is correct. And the Court is adjourned till 1:30 P.M.