31 July 2012: Azam 2nd witness cross exam day 2

The cross examination of Mahbub Uddin Ahmed, the second prosecution witness in the case of Golam Azam examination continued. The first part is here.

Defence: In the election of 1970 Jamaat-e-Islami was the contestant against Awami League.

Witness: Yes.

Defence: Jamaat-e-Islami has opposed the six point declaration of Awami League.

Witness: Yes.

Defence: Their contention was- if six point declaration became approved then the aggression of India might have been increased.

Witness: Yes.

Defence: Advocate Johir Uddin was the general secretary of Pakistan Awami League.

Witness: I don’t know.

Defence: Whether Advocate Johir Uddin has been elected as an MNA of Awami League from the Mirpur-Mohammadpur electoral area?

Witness: I can’t remember.

Defence: Several numbers of MNA of Awami League didn’t take part in liberation war.

Witness: I don’t know.

Defence: After the liberation war the constituent assembly has been formed to write the constitution.

Witness: Yes.

Defence: The constituent assembly has been formed by the members of the MNA and MPA who have been elected on the 1970 election from the East Pakistan.

Witness: Yes.

Defence: Nurul Amin and Raja Tridib Roy were not the members of this constituent assembly.

Witness: Yes.

Defence: From 16th December, 1971 to 31st January, 1972 the Mirpur area was under the control of Biharis.

Witness: Because of several enemies we have faced a lot of hurdles but at last on 31st January they have been evicted.

Defence: From when you have started taking preparation for the armed war before 25th March, 1971?

Witness: From 18th March, 1971 I have arranged the Training for the local people with the Ansar and Mujahids at Jheenaidoh.

Defence: Ansar and Mujahid team were not teams under the command of Police.

Witness: Yes. But actually they were working with the Police.

Defence: Whether you have met the Chief of Ansar Bahini of Jheenaidoh within 25th March, 1971?

Witness: May be.

Defence: Whether he took part in the liberation war.

Witness: I can’t recall.

Defence: Whether you have met him after the liberation war?

Witness: I can’t recall.

Defence: “The Operation Search Light” of Pakistan Military Government was a preplanned attack over the innocent defenseless Bangali people.

Witness: Yes.

Defence: There was no political control over the Military ruled Pakistan Government.

Witness: Yes.

Defence: The Governor General Tikka Khan and East Pakistan commander- A A K Niyazi were being directed and operated by the Pakistan President Yahiya Khan, they were under his command.

Witness: Yes.

Defence: Whether during the surrender of General Niyazi there was any non-military Governor or anyone of the ministerial board?

Witness: No.

Defence: The liberation war was the armed conflict between the allied force and the Pakistan Army.

Witness: At first it was the war between the freedom fighters and the Pakistan Armies afterwards the allied force joined in the war.

Defence: When General Niyazi has surrendered the Armed-Air-Navy force, Pakistan civilian armed force, East Pakistan armed force, and Industrial security forces were there with him.

Witness: I don’t know but I have heard during his surrender, the Pakistan Army and East Pakistan Civilian Armed Force were there. I was not in Dhaka at that time.

Defence: Peace Committee was a civilian organization.

Witness: At first it has started its journey as a civilian force; afterwards it has joined with the armed force.

Defence: The formation of Peace Committee was to bring back peace and tranquility in the destructed areas after the devastating activities of 25th March, 1971.

Witness: Not true.

Defence: If you have found any documentary evidence regarding the armed training of the Peace Committee Members?

Witness: No.

Defence: When have you got the post of SP of Dhaka?

Witness: Between 28th February, 1973 to 28th July, 1975.

Defence: Afterwards you were in the duty of the special branch, Dhaka.

Witness: Yes.

Defence: Whether you have seen the reports of the special branch when you were not in this post?

Witness: No.

Defence: Before filing an important case or during the investigation period, the reports have been taken to your desk.

Witness: Yes.

Defence: Whether during your service as the SP, Dhaka Division there has been any file which has been came to your desk for filing a case against Gholam Azam?

Witness: No.

Defence: The SPs of each district and their representatives were present before the monthly meeting of the Law Enforcing Committee by the leadership of the district administrator. During that meeting no issues of the cases under the Collaborators Act have been raised because there were different committees intended for that.

Witness: Yes.

Defence: In the committees for the cases under the Collaborators Act the Officer in charge and a representative of the SP were being present.

Witness: I can’t remember.

Defence: You have no idea about the investigation process of the cases under the collaborators Act.

Witness: I had the idea, I can’t recall now.

Defence: Whether you have observed any files about the POWs of the Pakistani when you were in the Defence Ministry and the Home Ministry.

Witness: No.

Defence: When you were in the service as a SP in 1973 Shiraj SHikdar has been killed and afterwards when the murder case has been filed your name has been included there as one of the accused people.

Justice Nizamul Huq: We are not taking the question. Not relevant and the question is rejected.

Defence: In 1974 a tripartite agreement has been signed in between Pakistan- India- Bangladesh.

Witness: Yes.

Defence: By this Pact the POWs have been sent over to Pakistan without any sorts of trial.

Witness: I have heard, but I don’t know.

Defence: There is a hearsay that- on May, 1971 the Razakar Bahini has been formed in your area as the volunteer organization.

Witness: The Peace Committee has been formed in April by the leadership of Gholam Azam and others; the Razakar Bahini has been formed by its consequence. I can’t say the date but it has been formed by a Government Ordinance.

Defence: Whether the Razakars have been arrested and been presented before you since the start up of the liberation war till the 17th May.

Witness: I can’t say it specifically, that they have been presented before me sometimes.

Defence: Razakar Bahini was the Government Paid team with formal uniform.

Witness: I don’t know. But when two/ three of them have been arrested it seems to me they have uniform.

Defence: The Razakar teams were being commanded by the Razakar Commander or the Pakistan Armies.

Witness: Yes.

Defence: If the Razakar members did any offences then the civilian people were not empowered to punish them, only the Razakar Commander and the Armies were empowered to punish.

Witness: I don’t know.

Defence: Whether Al-Badr and Al-Shams were the codified force?

Witness: I don’t know, but almost all the members of them were from Islamic Chatro Sangha.

Defence: What the names of the Chiefs of Razakar, AL-Badar, Al-Shams in the Jheenaidoh area?

Witness: I can’t remember.

Defence: How many Razakar, AL-Badar, Al-Shams were known to you?

Witness: No one.

Defence: Whether you know about the book ‘Shadhinota Juddher Dolil Potro’- edited by Hasan Hafizur Rahman?

Witness: Yes I have bought all the volumes of this book.

Defence: If you knew the book is going to be published?

Witness: Yes.

Defence: Mr. Hasan Hafizur Rahman has advertised on several newspapers before the editing of the book that- this book is going to be published- if anyone possess any relevant document or information about the liberation war, and then they are requested to provide that to the editor. Did you know the advertisement?

Witness: No.

Defence: Whether you have given any statement about the Chuknagar Killing in this book?

Witness: No.

Defence: Whether the editor has communicated you before the editing?

Witness: No.

Defence: Whether any other researcher on liberation war has communicated with you?

Witness: No.

Defence: You know Mr. Muntasir Mamun, Shahriar Kabir and Mr. MA Hasan before 1980.

Witness: I know Mr. Muntasir Mamun and Mr. MA Hasan for 5/6/7 years and met them sometimes. But I have no personal communication with Dr. MA Hasan. I might have seen him in one or two meetings.

Defence: Whether you know Major Shamsul Arefin- the writer of “Bangladesh Documents”

Witness: Yes I know him, but I don’t know whether he has written that book.

Defence: From when you know him?

Witness: After the liberation war.

Defence: Whether you have given him any information about the Chuknagar Killing?

Witness: No.

Defence: Whether you know anyone named Bihari Khan?

Witness: No.

Defence: Who was on the Panjab Regiment of Chuknagar Killing?

Witness: I don’t know.

Defence: In which newspapers the reports of the Chuknagar Killing have been published?

Witness: In several newspapers.

Defence: Khaja KHoyer Uddin was the Chief of Peace Committee.

Witness: I have heard.

Defence: From which meeting of the Peace Committee the Razakar Bahini has been formed?

Witness: I don’t know.

Defence: What is the number of the members of the Peace Committee?

Witness: I don’t know.

Defence: What was the numbers of the members of Jamaat-e-Islami of Peace Committee?

Witness: I don’t know.

[At this moment Mr. Mizan has asked Mr. Manzur Ahmed Ansari to conduct the questions of contradiction.]

Manzur Ahmed Ansari [Defence Counsel]: ‘To hear the Speech of March. But Radio has been stopped to be transmitted, so we were unable to hear the speech. Instantly my friends have taken the decision to return towards their work place; so we didn’t have return to the training Camp.’- You have not told it to the IO.

Witness: Not true.

Manzur Ahmed Ansari [Defence Counsel]: ‘One Police Constable has informed me about the matter. Instantly I have gone to the Police Station and called the local people and the politicians. The Government Officers of Jheenaidoh were also present there.’- You have not told it to the IO.

Witness: Not true.

Manzur Ahmed Ansari [Defence Counsel]: ‘Afterwards all the peoples of the area started cutting down the big trees to make the blockages on the roads. At that time they all have cut down the branches of the big trees beside the Jheenaidoh-Kushtia road, Jheenaidoh- Jessore road, Jheenaidoh- Chuadanga road and made obstacles over the roads.’- You have not told it to the IO.

Witness: Not true.

Manzur Ahmed Ansari [Defence Counsel]: ‘On 29th March, 1971 Awami League General Secretary JKMA Ajij has informed us that-- two guests have arrived from Dhaka, please come sharp.’- You have not told it to the IO.

Witness: Not true.

Manzur Ahmed Ansari [Defence Counsel]: ‘At these circumstances the Pakistan Armies have fired over Jheenaidoh by the cannon and the Guns. The armies have scattered in some small groups and started hiding themselves in the nearby villages. The villagers have killed all of them at the morning and the villagers have collected all the bullets and arms and taken those towards the Police Station. One Lieutenant Ataullah Shah has taken shelter in a closed building and started firing like mad. Me with other people have surrounded the building and directed him to stop firing and then he has stopped firing.’- You have not told it to the IO.

Witness: Not true.

Manzur Ahmed Ansari [Defence Counsel]: ‘Among those 6 dead men there were 2 sons of the local MNA-- Mr. Anwarul Islam’- You have not told it to the IO.

Witness: Not true.

Manzur Ahmed Ansari [Defence Counsel]: ‘The money receipt is now preserved at the National Museum.’- You have not told it to the IO.

Witness: Not true.

Manzur Ahmed Ansari [Defence Counsel]: You have told that you have fought at Kagojpukur but you have not told it to the IO.

Witness: Not true.

Manzur Ahmed Ansari [Defence Counsel]: You have said that on 20th September you have fought at Kakdanga- but you have not told it to the IO.

Witness: I can’t remember.

Manzur Ahmed Ansari [Defence Counsel]: ‘During the liberation war many of Rajakar- Al-Badar- Al-Shams have been caught by our team members. We have gathered the information from them and the newspapers and the radio that- Awami League has got the majority vote in 1970 election, the political parties which were against were- Jamaat-e-Islami, Muslim League, PDP etc. The defeated teams have met General Tikka Khan at the onset of April, 1971 and supported the Operation search light movement of Pakistan and planned to form Peace Committee for the assistance of Pakistan Army. ’- You have not told it to the IO.

Witness: Not true.

Manzur Ahmed Ansari [Defence Counsel]: ‘At last on 14th December, 1971 they have killed a lot of intellectuals of this land. These sorts of occurrences have been led by Jamaat-e-Islami and the Islamic Chatro Sangha. Mr. Gholam Azam and his associates who were in the commanding position of the groups have committed these sorts of crimes against humanity. Mr. Gholam Azam was the main leader of these teams.’- You have not told it to the IO.

Defence: Whether you have heard about the name of Mr. Shohidul Huq Mama of Mirpur area?

Witness: Yes I have heard the name recently. He is a freedom fighter.

Defence: Whether the relevant documents for the planning of the killing of the intellectuals have been found in the house of a Muslim League Leader, who has been arrested after the Liberation war because of being accused of the intellectual killing?

Witness: I don’t know.

Defence: Syed Abul Ala Maududi was the Chief of Jamaat-e-Islami?

Witness: Yes.

Defence: Whether the activities of the PDP, Jamaat-e-Islami and Muslim League were political?

Witness: I don’t know.

Defence: Do you have any documentary evidence regarding the direction of Gholam Azam to the Razakar, AL-Badar, Al-Shams for doing several sorts of offences?

Witness: No, I have seen those on the newspapers.

Defence: Gholam Azam has no power to punish the Razakar, Al-Badar, Al-Shams.

Witness: Not true.

Defence: Whether any complaint against the Razakar, Al-Badar, Al-Shams have been submitted to Gholam Azam- do you have any documentary evidence regarding that?

Witness: No.

Defence: If you have any documentary evidence regarding the seeking for the permission from Gholam Azam to commit any offence by the Razakar, Al-Badar, Al-Shams?

Witness: No.

Defence: Whether Mr. Gholam Azam has paid them any salary?

Witness: I don’t know.

Defence: Mr. Gholam Azam was not capable to resist the activities of the Pakistan Armies and its associates.

Witness: Not true.

Defence: During 1996 to 2001 Awami League has not brought any charge against Gholam Azam about the War Crimes.

Witness: The process of trial was not being started that time.

Defence: The BNP has allied with Jamaat-e-Islami so that Awami League has been defeated in the 2001 election; to take the revenge Awami League has started the proceedings for War Crimes.

Witness: Not true.

Defence: As you are a member of the Awami League, so you are giving false statement here.

Witness: Not true.

Justice Nizamul Huq: The court is adjourned till 1:30 P.M.