3 Oct 2012: Sayedee 7th defense witness cross

Following the cross examination in the trial of Salauddin Quader Chowdhury, the cross examination by the prosecution of a defence witness, Jamal Hossain Fakir in the Sayedee case started (see original testimony here). The cross examination was conducted by Syed Haidar Ali

Prosecutor: Are you educated.

Witness: I am a bit educated. I can sign my name. I have read the full Holy Quran.

Prosecutor: How many brothers and sisters you do have?

Witness: I have one brother and two sisters.

Prosecutor: If your elder brother is younger than Kutti?

Witness: No they were at the same age.

Prosecutor: When did you get admitted at the Primary School?

Witness: When I was 5 or 6 years old.

Prosecutor: When have you heard about taking the deposition of this case?

Witness: Before 1 year and 2 or 3 months.

Prosecutor: Have you written your names to them?

Witness: I have given my name and my father’s name.

Prosecutor: Have you shown your national ID card to them?

Witness: No.

Prosecutor: Are you holding your national Identity Card today with you?

Witness: No. But I have come with the Voter List with me.

Prosecutor: If your photograph is attached in the list?

Witness: No.

Prosecutor: Do you know Atahar Ali Hawladar?

Witness: Yes.

Prosecutor: Where was he staying during the liberation war?

Witness: At his home and he was in support of liberation war.

Prosecutor: He was a member of Peace Committee.

Witness: May be.

Prosecutor: Atahar Ali Howladar and Ajahar Ali Howladar stayed at the same house.

Witness: Yes.

Prosecutor: Did you watch taking away Saheb Ali and his mother?

Witness: Yes.

Prosecutor: When have you watched that?

Witness: After the Fazar prayer.

Prosecutor: Did the soliders arrive at house of Saheb Ali on the day of incident?

Witness: No the Razakars arrived.

Prosecutor: The Razakars have taken Saheb Ali and his mother away with them.

Witness: Yes.

Prosecutor: Do you know all the Razakars of Parerhat?

Witness: No. I know two or one of them.

Prosecutor: What is the distance of the bank of Badurapur from the Pocha River?

Witness: It was about 200 yards. Chitholia was adjacent to Badura.

Prosecutor: Are the rivers and ponds are loaded with water during the rainy season?

Witness: Yes.

Prosecutor: Is fish available all the year through?

Witness: No.

Prosecutor: Do you know what are the equivalent English months of the Bangla months in calendar?

Witness: No.

Prosecutor: Have written the incidents as you have said anywhere?

Witness: No.

Prosecutor: Is Rani Begum your paternal aunt?

Witness: Yes. She is older than me.

Prosecutor: Who is Setara Begum?

Witness: She is my grandmother.

Prosecutor: Has Setara Begum, Rani Begum and Mostafa have given statement in this case to the IO?

Witness: May be. I don’t know.

Prosecutor: There were two reputed businessmen in the area Chitholia during that time.

Witness: There were two businessmen named- Royejuddin Poshari and Soyejuddin Poshari at that time.

Prosecutor: Did the Razakars/soliders burn out the houses at Badura and Chitholia?

Witness: I have heard.

Prosecutor: If Royejuddin and Soyejuddin in support of liberation war?

Witness: Yes.

Prosecutor: You were the witness in the case filed by Momtajuddin.

Witness: No.

Prosecutor: Have you read the content of the FIR?

Witness: No.

Prosecutor: The dead body of Ibrahim Kutti has never been taken to Nolbunia- you are stating false.

Witness: Not true.

Prosecutor: There was no aforesaid incident on the aforesaid time and on the aforesaid date.

Witness: Not true.

The tribunal was adjourned till the afternoon

Haider Ali: How many names do you have?

Jamal Hossain: I have only one name.

Haider Ali: Did you register your date of birth nationally.

Jamal Hossain: Yes, I did.

Haider Ali: Did you bring any certificate from the chairman or member of your locality?

Jamal Hossain: No, I didn’t bring.

Haider Ali: Did you bring any ID card?

Jamal Hossain: No.

Haider Ali: The age you told of yourself is not true, you were a mere minor at the time of our liberation war.

Jamal Hossain: It’s not true.

With Haider Ali drawing the attention of the tribunal to the fact that he did not appear to be 6o years of age, the Tribunal then asked asked a question to the witness:

Chairman: Could you tell me the year of admission of your Primary School.

Jamal Hossain: I can not remember.

Haider Ali: What was the month after two months from the starting of our liberation war?

Jamal Hossain: Ashar (a name of bangle month)

Haider Ali: You said that after 2/3 months after the beginning of our liberation war, Shaheb Ali and her mother was taken away by the Pakistani Army and Rajakars, is that true?

Jamala Hossain: No, they were taken away by the Rajakars only and that was in month Asshin (a name of bangla month).

Haider Ali: You told in your deposition that, ‘After this the country got independence and after 5/6 months of independence Momtaz Begam filed a suit for her husband and brother’s killing.’ It’s not true

Jamal Hossain: It is true.

This is the end of cross examination of Jamal Hossain Fakir. But regarding the ‘age’ issue the defense was interested to re examine the witness. They showed the reference on International Crimes Tribunal Act-1973. On Art-10 (f) there is a provision to re examine the defense witness after completion of cross examination. Then the judges discussed between themselves whether they would allow it without application. Initially they said that the lawyer would have to file a petition for that purpose, but finally judges agreed to allow them without application but then defense lawyer Mizanul Islam decided not to re examine the witness and said that instead they would put a copy of his national identify card in as evidence

The chairman then asked for the defense to bring their next witness. Mizanul Islam said that the next witness's name was given to the learned Prosecutor earlier and though he had been brought to the court earlier he was not feeling well so had gone to the hospital. The chairman asked why they had not brought another witness. Mizanul Islam said that they are not with them right now. Justice Anwarul Haque asked whether that meant that the defense could not bring any more witnesses? the defence lawyer said that they would bring witnesses, but they are facing some difficulties. The chairman told the defense lawyers that they should bring all their witnesses tomorrow in the Tribunal. 'We will see how many are in your hands.'  Justice Jahangir Hossen said that 'physical illness of the witnesses' is a weak ground for defense witness non appearance. 

Haider Ali, the prosecutor then said that they were receiving insufficient information about the witnesses. 'It is difficult for us to cross examine them. Even the Defense counsels are informing us at late hours. Yesterday they informed us at 10:00pm night. It is difficult for us to take preparation for us then. Tell them to inform us the name of next witness at least one day before the date of his testimony.'

Mizanul Islam then said that the next two witnesses are Kubat Ali and Hemayet Uddin.

The tribunal then moved onto the Golam Azam case, and the Prosecution witness no-14, Ahmed Imtiaz Bulbul (a famous music composer) was called, but he was absent because of his sickness. The prosecution lawyer Zead al Malum said that he was present since the morning but after lunch suddenly he felt sick and left the court. Then Justice Nizamul Haque expressed his annoyance that absence of witness on plea of sickness will never be allowed again for both the defense and prosecution. Both prosecution and defense must keep ready at least two or three extra witnesses.

Then the court was adjourned.