4 Sep 2012: Nizami 1st witness cross exam day 3

The tribunal started with the continuation of the cross examination of the first prosecution witness Misbahur Rahman Chowdhury in the trial of Nizami (following on from here). It was conducted by Mizanul Islam.

Defence: Were there two constitutions of Islamic Chatro Sangha [ICS]?

Witness: I can’t say it exactly.

Defence: Have you seen any Constitution of ICS?

Witness: Yes.

Defence: What was the name of the organization written over the Constitution?

Witness: Pakistani Islami Chatro Sangha.

Defence: Did the Investigator asked for the Constitution from you?

Witness: Yes but I was unable to provide that.

Defence: Did you provide your proof of document of being a member of ICS to the IO?

Witness: He has not asked for it.

Defence: How many units were there in the wings of Moulovibazar ICS?

Witness: I can’t remember.

Defence: If you have attended any meeting from ICS of Moulovibazar?

Witness: Yes between 1968 and 1969.

Defence: If the President and the Secretary have been elected from any meeting?

Witness: Yes in the meeting of 1968. There were 80 or 90 students who were present at the meeting. Among those students the college students were higher in number and the school students were fewer. A lot of college students have joined the Razakar and Al-Badar.

Defence: A lot of cases have been filed against the perpetrators of the war crimes of 1971 after the victory of 1971 at Moulovibazar Sadar Police Station.

Witness: No case has been filed against the Razakar or Al-Badar on this ground since December till my journey towards London after the liberation. I have heard that 3 or 4 of them have been arrested and being taken over to the Freedom Fighters Camp. I can recall two names from them, namely- Shamsul Haque Torofdar and Mohammad Ali.

Defence: What was the allegation against them?

Witness: I don’t know. Afterwards I have met Mohammad Ali at London, he has told me that after being detained in two years he was freed. I have not met another one.

Defence: If Mohammad Ali was freed after observing the term of his punishment or was he freed by the general amnesty of Bangabandhu Sheikh Mujibur Rahman.

Witness: I don’t know.

Defence: What did you do after returning to country?

Witness: I have returned to Dhaka and started researching and working on the matter of Freedom Fighters, Liberation War, Perpetrators and their roles at Moulovibazar.

Defence: What were your compulsory subjects at O level exam?

Witness: English Literature and Mathematics. And there were 5 subjects which were the general subjects. Afterwards I have completed a course on the language of Wales (Welsh).

Defence: What was the name of the school where you were taught the Wales Language?

Witness: It has no name.

Defence: What was the slogan of the school?

Witness: I can’t remember. I have appeared for five papers at the exam.

Defence: There were four subjects in Wales- English, Mathematics, Wales Language, Personal and Social Education were the compulsory subjects and there were other four subjects.

Witness: Not true.

Defence: What were your subjects at B.A. exam?

Witness: English, Bangla, History, Political Science, Social Science and others.

Defence: There were four subjects at 1984 at the Rajshahi University in BA exam. One language course was mandatory and two other subjects ought to be taken as optional subjects. You have not appeared at the BZ exam and you have not passed.

Witness: Not true.

Defence: You have not appeared at the BA exam from the Kushtia University.

Witness: Not true.

Defence: Was Professor Gholam Moazzem a perpetrator in 1971?

Witness: I don’t know. I have seen him in 1974 at the palace of Saudi Arabia. Afterwards I have heard that he was the personal physician of the king of Saudi Arabia.

Defence: He was never been assigned as a Doctor at Saudi Arabia.

Witness: Not true.

Defence: When you have gone to Meccah then Prince Ahmed Bin Abdul Aziz was not the Governor; but Prince Fawaz Bin Abdul Aziz was the Governor.

Witness: Not true.

Defence: If you have given the invitation letter to the investigation officer by which you have been invited to Saudi Arabia at 1975?

Witness: He has not asked for it.

Defence: You have not met the Prince as he has died on the very day you all have arrived there.

Witness: Not true.

Defence: What was the name of the palace?

Witness: I can’t remember, but it is situated at Riyadh.

Defence: Among AL-Badar, AL-Shams and Razakar which has been formed at first?

Witness: By my research I came to know that- Razakar and Al-Shams have been formed before the formation of Al-Badar.

Defence: When the Razakar Bahini has been formed?

Witness: After Gholam Azam met Tikka Khan in 1971 it has been formed. But I don’t know if it was formed in either March, April or the exact month.

Defence: How was the Razakar Bahini formed?

Witness: By my research I came to know that the team has been formed by the circulation of an Ordinance.

Defence: If the Ansar Bahini has been abolished by that Ordinance?

Witness: I don’t know.

Defence: Was the DIG of Police Abdur Rahim, the first Director of Razakar Bahini?

Witness: I don’t know.

Defence: If the designation of the District head of the Razakar was titled as District Adjutant?

Witness: I don’t know.

Defence: If there was any direction in that Ordinance, by whose command the Razakar Bahini will run?

Witness: No. But it was written in the Ordinance that- the Pakistan Government will pay the salary. I have learned it by reading the Ordinance.

Defence: Who was the Razakar Head of Sylhet?

Witness: I don’t know.

Defence: The members of the Razakar team were being recruited from the local SDO.

Witness: I don’t know. It is known to me that- the Peace Committee was assigned to recruit the Razakars.

Defence: The Chief of Peace Committee of Moulovibazar was Advocate Misir Ullah. He was the supporter of Muslim League.

Witness: Yes and he is alive.

Defence: Al Shams Bahini has been formed by the students who are the members of Islamic Political groups.

Witness: Yes. By mentioning the formation of Al Shams Bahini I am meaning the Jamaat-e-Islami and the Muslim League as the Islamic Political groups and I can’t remember who was the chief of East Pakistan Al-Shams group.

Defence: Who were the Chiefs of Dhaka, Sylhet, Moulovibazar Al-Shams Group?

Witness: I can’t remember. Al Shams Bahini has not been formed in my area.

Defence: Have you personally met the founder of Jamaat-e-Islami- Mawlana Moududi?

Witness: No, once I have seen him at Dhaka from a distant place.

Defence: Mawlana Abdur Rahim was the founder of East Pakistan Jamaat-e-Islami.

Witness: Yes.

Defence: Who was his Secretary?

Witness: I can’t remember.

Defence: Mawlana Abdur Rahim was involved with Jamaat-e-Islami till the liberation.

Witness: Not true. He was involved till the formation of Badar Bahini.

Defence: Have you met him anytime after the liberation war?

Witness: After a long while I have met him at the end of 1976 when he was preparing for forming the Islamic Democratic League.

Defence: Who was the founder of Islamic Democratic League?

Witness: Khotie Azam Mawlana Siddik Azam.

Defence: Afterwards there arose difference of opinion in between Mawlana Abdur Rahim and Khotibe Azam.

Witness: Yes, so that the Islamic Democratic Party has been divided in two groups. One group was being lead by Khotive Azam and another one was lead by Mawlana Abdur Rahim. The group of Mawlana Abdur Rahim was called as the followers of Jamaat.

Defence: Jamate Islami is a registered group under the Bangladesh Election Commission.

Witness: Yes.

Defence: Many people have worked and talked against this registration of Jamaat-e-Islami; and you are among those who were in this group who were against it.

Witness: Yes. After taking into cognizance our movements aim, the group was being registered at the Bangladesh Election Commission.

Defence: If Mr. Shahriar Kabir was with this movement against this registration?

Witness: Yes.

Defence: The group which is being leaded by you is a political group which was actually a political alliance.

Witness: Yes.

Defence: The team Islami Oikkojot is now aligned with which team.

Witness: It is now aligned with the Opposition party. And our party named as Bangladesh Islami Oikkojot is aligned with the present party in the power.

Defence: When was your party been formed?

Witness: In 2005.

Defence: Bangladesh Islami Oikkojot has not yet been registered under the Bangladesh Election Commission.

Witness: Yes and it is under process.

Defence: When did you apply for the registration?

Witness: Before the last election.

Defence: The Bangladesh Election Commission has checked everything about the Registration and nothing has been left pending.

Witness: Not true.

Defence: For how many times your group has faced the crackdown?

Witness: We have not faced any crackdown yet.

Defence: Who was the founder secretary of your party?

Witness: Mawlana Aminul Islam.

Defence: Mr. Aminul Islam has been convicted at the Pabna Court for the check dishonor case.

Witness: Not true.

Defence: The check has been handed over to the cattle-sellers custody in your presence?

Witness: Not true.

Defence: Do you know- Anisur Rahman, son of- late Abdul Mabud Molla, Addree- Ayesha Pharmacy, Block- A, Section-11 Main Road Busstand, Mirpur, Pollobi, Dhaka-1216.

Witness: Yes.

Defence: You have received 7 Lakh Taka from him to send to London, but you have failed to send him itthere, so he has filed a case against you.

Witness: No.

Chairman: Leave it. It is not necessary.

Witness: No it should go, otherwise the Newspapers like Daily Sangram will publish false news about the case of check dishonor against me. It will go against my reputation.

Chairman: All the Journalists, be cautious, don’t give any heading to your news on the basis of a mere suggestion to the witness. Wait till the answer comes out. Okay ask the question again.

Defence: You have received 7 lakh taka from Anisur Rahman to send him to London.

Witness: It is vague. One of my collegue Ziauddin has borrowed 5 lakhs taka from Anisur Rahman on the condition of paying the amount back with interest. Afterwards he has claimed 10 lakh taka from Ziauddin. After the mediation the amount has been settled to be paid amounting 7 and half lakh taka. I was acted as a custodian and gave him a check of 7 lakh taka. The check was not been cashed in due time. So he has filed a case. I have acknowledged the check and got bail from the Court. And paid all the amount except 30 thousand taka by Court. Right now 30 thousand taka is due.

Defence: You have mentioned the name of Ziauddin, but his name and description has not been mentioned in your reply of the legal notice.

Witness: Not true.

Chairman: Okay the Tribunal is adjourned till 2 P.M.