3 Oct 2012: Chowdhury 14th witness cross exam

The tribunal started with the continuation of the cross examination of Gopal Chandra Das, a witness who gave evidence for the prosecution in the case against Salauddin Quader Chowdhury (following on from here). Ahsanul Haque was the defence lawyer conducting the questioning.

Chairman: Mr. Counsel today you will only get 1 hour to complete your cross examination.

Defence: Okay, I’ll try.

Defence: Is it possible for Profullo Chandra Singha to know who used to reside in which rooms of the Kundeshwari Complex?

Witness: Yes, it is possible.

Defence: Have you stated to Profullo Chandra that, ‘you have watched the total incident from the room of Brojhari Kormokar’?

Witness: No.

Defence: Is there a yard in front of the Kundeshwari Complex?

Witness: Yes and there is another yard in front of the other buildings beside Kundeshwari Complex.

Defence: The road towards Kundeshwari from the Rangamati Road was not made from brick.

Witness: That road had a brick soling to make it smooth for driving vehicles.

Defence: Was 13th April, 1971 a rainy day?

Witness: I can’t remember.

Defence: There was another place for the accommodation of the farmers and the employees of Notun Chandra Singha.

Witness: May be, I can’t remember now.

Defence: 13th April, 1971 was the harvest season of Irri rice.

Witness: Yes Irri has then been harvested.

Defence: When did you go to India and by which way?

Witness: I went to India by starting from my house on 27th April and reached there on 28th April. At first I have gone at Fotikchori then Ramgor and afterwards I have reached India after reaching Sabrum.

Defence: Did you go anywhere within this timeframe of 13th April to 27th April by following the road in front of Kundeshwari?

Witness: No, I have not gone to that road within that timeframe except that time when I was rushing towards India.

Defence: Did you receive any pass when you have gone to India as an asylum seeker?

Witness: Yes.

Defence: Did you give the Pass to the IO?

Witness: No.

Defence: You have not gone to India in 1971 in any month.

Witness: Not true.

Defence: Have you found any sign of the bullets in the Kundeshwari Complex after your return from India?

Witness: I can’t remember.

Defence: Have you found any sign of the bullets in the Kundeshwari Girl’s College after your return from India?

Witness: No.

Defence: A case has been filed under the number 41(1)72 about the murder of Notun Chandra Singha.

Witness: Yes.

Defence: You have gone to the Police Station when filing the case.

Witness: Yes.

Defence: Fazlul Quader Chowdhury’s name has been included there as the accused.

Witness: Yes.

Defence: On 2/5/1980 the Public Prosecutor has filed a petition for the withdrawal of the case by the direction of the Governent, then the case has been withdrawn and the accused have been acquitted.

Witness: I don’t know.

Defence: Have you read the FIR of the case?

Witness: Yes, but can’t remember.

Defence: Has any case has been filed about the looting and burning of the house of Shotto Ronjon under the number 42(1)72?

Witness: I don’t know.

Defence: Was the house looted and burnt out?

Witness: I don’t know.

Defence: You are not that Gopal Chandra Das who has became the witness in that case.

Witness: Not true.

Defence: Has the investigation officer taken your photograph during recording of your statement?

Witness: I can’t remember.

Defence: Have you given any of your photographs to him?

Witness: I can’t remember.

Defence: You know very good acting.

Witness: I have my supporting documents about my identity. Here are those papers.

Chairman: Prosecution, please take those papers at your hand now.

[Then the defence counsel has started the contradiction part, where he has quoted the statements of the witness from the examination in chief. And in almost all the cases the witness has answered the questions by stating- the IO has not raised the matter to me/ not true.]

Defence: When the soldiers left the Kundeshwari complex for 8 to 10 minutes have you asked Notun Chandra what the soliders stated before him?

Witness: I have not found the scope to talk with him, and then I was upstairs.

Defence: All the doors of the upstairs were closed; there were no way to get into the upstairs.

Witness: Not true.

Defence: There was a 7 to 8 feet balcony at his house which was east facing.

Witness: Yes.

Defence: There was 3 to 4 feet high railing at the balcony.

Witness: Yes at some places.

Defence: The front part of the Temple was not visible from the room where you were staying at that moment.

Witness: Not true.

Defence: Was the statue of Ma Kundeshwari wrapped with ornaments made of gold?

Witness: I don’t know, but there were ornaments over the statue.

Defence: Who was the priest of that temple?

Witness: I can’t remember.

Defence: Have you seen the priest on the very day?

Witness: No.

Defence: You have stated that Salahuddin Quader Chowdhury has come; if Salahuddin Quader Chowdhury has arrived with the soliders?

Witness: After leaving the vehicle, the soldiers were with him.

Defence: Who shouted then by calling ‘That Salahuddin Quader Chowdhury… That Mahbud’?

Witness: I can’t remember.

Defence: The IO has given you a lesson to say these aforesaid words before the Tribunal.

Witness: Not true.

Defence: When the army arrived on that day, how many people were with Notun Chandra Singha?

Witness: We 5 people were with him.

Defence: Did the soldiers ever talk with any one of you?

Witness: No.

Defence: Did the soliders shoot on you?

Witness: May be the soliders did not see us.

Defence: Have you tried to get the news of the condition of your other 4 fellows, who were with you on that day?

Witness: No, because I have fled in a hurry.

Defence: Have you told any respectable man of that area about the incident on the following day?

Witness: After getting back home on the next day I have stated the incident to my wife and other family members, but I have not informed anyone else. On 13th April, 1971 at first I have taken shelter in one of my student’s house, but right now I can’t remember his name.

Defence: Have you met Profullo Chandra, Chitto Ronjon and Shotto Singha in India?

Witness: No because then I was at the Camp.

Defence: On 13th April you were not anywhere near Kundeshwari Complex.

Witness: Not true.

Defence: A group of people with malicious intention has taken you from India and tutored you for one month to tell these false facts before the Tribunal.

Witness: Not true.

Defence: Did the soliders kill anyone at the front side road of Kundeshwari Complex?

Witness: I don’t know.

Defence: There was a Muslim community and a Buddhist Community adjacent to the Kundeshwari Complex.

Witness: There was a Muslim Community but there was not any Buddhist community.

Defence: There was no incident on 13th April. Mr. Profull and others have pursued you to say these things.

Witness: Not true.

Defence: All the matters about Salahuddin Quader Chowdhury and Pakistan Army’s arrival at the Kundeshwari Complex are a false thing.

Witness: Not true.

Defence: There was no aforesaid incident on the aforesaid day and on the aforesaid time.

Witness: Not true.

Cross examination was finished and the chairman said that the next day for this case is 8/10/2012. The tribunal then moved on to the case of Sayedee.