Chairman: Okay let the matter be fixed afterwards.
Chairman: Okay. Mr. Mizanul we would like to say that we have gone through the record. The Prosecution has taken 5 sessions in 4 days to complete the examination in chief of this witness and the defence has taken already 7 sessions in 5 days. We hereby requesting you to complete the cross examination within tomorrow, which means you will get 11 sessions. It is not an order it is a request to you.
Mizanul Islam: It is okay that the examination in chief has been completed within 5 sessions and the defence has already taken 7 sessions. But it is not possible for us to complete a matter in 1 line whereas the Investigation Officer is taking 1 line to complete that in the examination in chief. He has submitted huge documents and video. So it might be tough for us to be confined in this frame.
Chairman: We know you can do it. And the Prosecution we expect that- you will not interfere randomly except the matters of utmost urgency.
The cross examination of Motiur Rahman, the investigation officer continued (following on from here)
Defence: When and where the peace committee has been formed outside Dhaka at first?Then Zeyad Al Malum has raised objection about the presence of the defence witness during the deposition and the cross examination of the prosecution witness. Miznaul Islam has said- No to our information, no one was there. Then Zeyad Al Malum again said that, No we have saw the son of the accused Delwar Hossain Syedee who himself is a defence witness was present during the deposition of the prosecution witness.
Witness: On 3-5-1971 at Narshingdi.
Defence: Whether Narshingdi was under Dhaka district in 1971?
Witness: I can’t recall.
Defence: Who was the convener of the meeting at Narshingdi?
Witness: I have no note who has called the meeting but Mr. Mia Abdul Majid has been made the convener of this meeting. The Daily Sangram on 5-5-1971 and 12-5-1971 has published the information.
Defence: Whether the quotation in the report of 5-5-1971 has mentioned about the formation of the central peace committee at the meeting of Narshingdi?
Defence: Whether the clippings of the newspaper of 5-5-1971 mention the detail information about the members of the Peace Committee?
Defence: Whether you have found any information in your investigation about the presence of the members of the Peace Committee which has been formed by the leadership of Khaja Khoyer Uddin?
Defence: At where the Peace Committee has first been formed outside Dhaka Division?
Witness: At the Rajshahi Divisional town.
Defence: Do you have any information when the force has been formed at Rajshahi, Khulna, and Chittagong?
Defence: What was the number of the members of executive committee at the central peace committee?
Witness: 21. Among these 21 members as far as I know there were two members from Jamaat-e-Islami.
Defence: Whether there was another committee by the leadership of Moulovi Fariduddin?
Witness: I don’t find the information in my document.
Defence: Whether Moulovi Farid Ahmed was involved with the 140 members of central peace committee?
Witness: A person named Farid Ahmed was involved with central peace committee but I don’t know whether he was the aforementioned person.
Defence: Have you collected any working paper of the central peace committee during your investigation?
Defence: Have you collected any report of a newspaper about the general meeting after the formation of the central peace committee?
Witness: Yes. Those are of Daily Ajad, Daily Pakistan, Daily Poigam published on 13-4-1971 which are of material exhibit number- 39.
Defence: Whether the report published on Daily Ajad has been collected from APP?
Defence: This report talks about a public procession.
Defence: Whether there is any mentioning in this report about when and on which meeting of the central peace committee the matter of this procession has been discussed off?
Witness: No. But there is a mentioning about the arranging of procession by the central peace committee. There is no mentioning of the name of any person who has given speech about the topic.
Defence: Whether the same matters have been discussed in the Daily Pakistan and Daily Poigam?
Witness: Yes. But it has further been added on the Daily Poigam that- a peaceful procession will be held at the premises of Baitul Mokarram by the central peace committee.
Defence: Have you got any information- what was the conferred duty on the organizational committee of the central peace committee on the general meeting?
Witness: The organizational committee has been formed to run the flow of central peace committee very smoothly and several other duties have been conferred also.
Defence: Whether there is any mentioning on these reports about reviving the normal condition of the country.
Defence: Have you found any document about the formation of the peace committee in each District and Mohokuma in 1971?
Defence: How many Coordinators of these central peace committees of the Districts and Mohokumas were involved with Jamaat-e-Islami?
Witness: It is not possible to answer it specifically.
Defence: By whose direction the activities of the district peace committees were running on?
Witness: By the direction of the central peace committees.
Defence: By whose signature the directions of the central peace committees were being sent to the district committees?
Witness: I don’t have any specific information regarding the matter in my hand now but the activities of the central peace committees were being circulated over the newspapers and the radio- television and those were mandatory over the subordinate peace committee.
Defence: Can you say the radius within which the Dhaka TV Centre’s programs were broadcasted?
Defence: How much times it’d take to reach the Daily newspapers to Technaf and Tetulia from Dhaka on 1971?
Witness: It took more time than today because the communication system was slow on that time.
Defence: Whether the Daily Sangram and Daily Poigam were being circulated on Potuakhali and other districts on 1971?
Defence: How many daily copies were being circulated of Daily Sangram on 1971?
Zeyad Al Malum: My Lord. Whether it is relevant question? I don’t think that.
Justice Anwarul Haque: Whether the investigation is supposed to be asked this question.
Mizanul Islam: If anyone got inspired after reading those papers then I have to through question about the circulation.
Justice Anwarul Haque: Whether he is an appropriate person to ask this question of?
Chairman: I think that the matter of the number of circulation is irrelevant.
Mizanul Islam: Okay withdraw the question.
Defence: How many people have been asked by you- who were in the command of Thana, Jila and Mohokuma Liberation War Command?
Witness: I can’t say the exact number.
Defence: How many District freedom fighter commanders have been given notice by you?
Witness: I have not given notice to anyone to be present.
Defence: How many sector commanders are alive now and how many of them have been asked by you?
Witness: I have asked two sector commanders.
Defence: How many sub sector commanders have been asked by you?
Defence: Mention those commanders’ and sub commander’s name.
Witness: They are- General KM Shafiullah (Bir Uttam), Major (Rtd.) Abu Osman Chowdhury, Mahbub Uddin Ahmed (Bir Bikrom)
Defence: In which area Mr. Mahbugb Uddin Ahmed was assigned on?
Witness: He was the sub sector commander of sector-8 of the Satkhira area of Khulna.
Defence: You have gone to how many districts for your investigation purpose?
Witness: On 15 districts as follows- Chittagong, Kumilla, Brahmonbaria, Kushtia, Rajshahi, Meherpur, Tangail, Khulna, Kishorgonj, Narayongonj, Faridpur, Sherpur, Moimanshingh, Netrokona.
Defence: You have gone to how many Upazilas?
Witness: I can’t say it now.
Defence: Whether you have investigated alone or with your team?
Witness: I have investigated this case alone but some of my associates were with me during investigation.
Defence: Whether these associates have recorded any statements?
Witness: Yes by my direction they have recorded statements and sometimes seized the documents.
Defence: Whether any other information of other cases of International Crimes Tribunal has been used in this case during submitting the report?
Witness: Yes, some of the information has been used.
Defence: Which cases has been used in this case for the source of information?
Witness: Complaint Registrar Case No- 01 Date- 21/7/2010; Complaint Registrar Case No-3 Date- 26-7-2010—some information from these two cases have been used in the present case.
Defence: How many statements of the witnesses have been submitted during the submission of the formal charge?
Witness: I can’t answer it without checking the record.
Chairman: Okay the Tribunal is adjourned till 2 P.M.
Defence: How many witness from Complaint Register No-2 dated 21/07/10, you used in this case?
Witness: I used the deposition of 3 witnesses from CR-2.
Defence: What is the name of the accused of case no CR-3 dated 26/07/2010?
Witness: I don’t have this information in my record.
Defence: What are the names of the Investigation Officer of those 3 cases?
Witness: Abdur Razzaq Khan, Helal Uddin and Nurul Islam.
Defence: Did you make them witness in this case?
Defence: Are the person who seized information and the IO same?
Defence: Did you record the deposition and seizure list collected by the Investigation Officer Monowara Begum?
Witness: I didn’t use her seizure list but use her recorded deposition.
Defence: In this case you filed some confidential documents, isn’t it?
Defence: A document regarding the offensive activities of Professor Golam Azam done in 25 March to 16 December of 1971 was handed over to you, what is the subject matter of that document?
Witness: Its subject matter is confidential that’s why I can’t say it now.
Defence: Did you submit that document to the Tribunal?
Witness: No, I didn’t submit that document but I submitted another document containing the information of that document.
Defence: Did you take permission of the Ministry of Home Affairs to produce this document?
Witness: I took the permission of proper authority.
Defence: Did the Government give any bar to use this document? [This question was not taken by the Tribunal]
Defence: When you took permission from proper authority and how many documents they permitted to use?
Witness: I got permission to use all those documents which were necessary for us.
Defence: Did you get permission to use all those documents which you collected from ‘Ekpakhsa’ magazine?
Defence: You scrutinized the writings of how many writers?
Witness: Many writers but I don’t remember the names at this moment.
Defence: Tell some name of books which you scrutinize through your investigation.
Witness: I scrutinize the book named ‘Bangladesher Mukti Shongramer Etihas’ accomplished by Salauddin Sarkar, Menon Sarkar and Dr and Nurul Islam, another book named ‘Lokkho Praner Binimoye’ accomplished by Shamsul Arefin, another book named ‘Why Bangladesh’, ‘Bangladesher Shadhinota Juddher Dolilpotro’ etc.
Defence: Did you scrutinize exclusive DVDs on the history of our freedom fight and the DVDs of our National Museum?
Witness: Yes, I did.
Defence: Did you go on ‘Chuknogor’ killing field?
Witness: No, I didn’t go there.
Defence: Where this killing field is situated?
Witness: It is under Dumuria police Station in Khulna district.
Defence: You could not find out the liability of the killing, looting, setting fire of those districts where you didn’t go.
Witness: It’s not true.
Defence: How many killing fields were that Mohokuma (a division prior independence) where ‘Tetulia’ (a place of killing field) is situated?
Witness: There we got the existence of 8 mass graves.
Defence: Who made this list or who provided you with this list?
Witness: This list is made by local UNO and the common people of that locality.
Defence: In which date the list of killing fields of ‘Panchagar’ (a district of Bangladesh) was decided?
Witness: I can’t say this right at this moment.
Defence: You did not determine the liability of the offences which was occurred in 1971 in Panchagar in your investigation.
Witness: It’s not true.
Defence: How many women were raped in Panchagar?
Witness: I don’t have this information.
Defence: You did not record any interview or deposition of any woman who was raped in 1971 or even her father/mother or any of her family member.
Defence: Yes. I didn’t.
Defence: You don’t have a single name of any raped woman.
Witness: Yes, it’s true.
Defence: In your investigation not a single date of mass killing in Panchagar has been recorded.
Witness: I can’t say right at this moment.
Defence: Did you summon the report of DC and UNO or the Investigation Institution did?
Witness: Investigation Institution.
Mizaul Islam: Could you say the date?
Witness: Without watching record I couldn’t say.
Defence: Then see the record.
Witness: I don’t have record right at this moment.
Defence: Did you have that documents by which you asked information from DC and UNO?
Witness: I don’t have that document, it is in office.
Defence: Did you know how many depositions of witnesses have been submitted with formal charges?
Witness: Without looking at the record I couldn’t say.
Defence: Which deposition of other cases did you use in this case?
Witness: I had not use any deposition of other cases in this case.
Defence: I think you used. Please try to remember.
Witness: Yes, three depositions of another case regarding the conversion of religion, I used in this case.
Defence: What is the name of the accused of that case?
Witness: His name is not in my records.