Then the Chairman said that the Tribunal will continue till 1:30 P.M. today and there will not be any second session for this day. He said that Mr. Motiur Rahman Nizami’s matter will be dealt with after the Eid vacation.
Sayedee’s lawyers continued their cross examination of the investigation officer, Helal Uddin (continuing from the previous day)
Defence: Is it not stated in the investigation report on which date the Pakistani army went to the house of Siraj alias Saheb Ali in Nolbunia?Syed Haidar Ali: Mr. Sayedee can be taken to the Court as he is comparatively better now.
Witness: No, it is not given.
Defence: Whom did you examine about the activitiese of Pakistani army?
Witness: Tota Mia, brother of witness Mustafa.
Defence: Do Tata Mia and Mustafa remain in the same house?
Witness: Yes.
Defence: Did you search whether there are any other relatives of Saheb Ali in the village of Nolbunia?
Witness: It is not in my note.
Defence: How many people did you meet whose age is more than 55 years?
Witness: It is not in my note specially.
Defence: Where was Saheb Ali brought after arresting from Nolbunia?
Witness: Pirojpur.
Defence: Under which police station Nolbunia is included?
Witness: Zia Nagar.
Defence: For going from Nolbunia to Pirojpur, is there a way through Parerhat?
Witness: Parerhat is not on the way.
Defence: Is Chalna bridge in the way?
Witness: Yes.
Defence: How far and in which side Chalna Bridge is situated from the house of Saheb Ali?
Witness: Half km in north-east side.
Defence: If the route to Chalna bridge to the house of Saheb Ali is a populated area?
Witness: Yes.
Defence: Did you ask any one among the people who live from Chalna bridge?
Witness: It is not in my report.
Defence: Is there any information about that whether Setara Begum, Rani Begum and Mustafa went to Digolia or not?
Witness: No.
Defence: The house of Aftab Ali, uncle of Saheb Ali, is situated in Bandura village.
Witness: It is not in my note.
Defence: Did you go to the bungalow of SDO of Pirojpur during investigation?
Witness: No.
Defence: Did the same S.I Abdul Malek Khan go with process to the house of Setara Begum, Rani Begum and Mustafa Hawlader?
Witness: Yes.
Defence: If the matter of going to house has been included in the note?
Witness: No, I am saying it from my memory.
Defence: Who did go with Abdul Malek?
Witness: It is not in my memory.
Defence: Did S.I Malek give report about not getting anyone in the house when he went to the house of Sahen Ali with summons?
Witness: He did not give report about not getting anyone in the house and who were in the house but about that he did not find any witnesses in the house. When S.I Abdul Malek Khan went to Nolbunia for the last time he did not say with whom he went and whom he met and he said the same thing about going to the house of Saheb Ali at a different time.
Defence: Did S.I Abdul Khan say specially that whether he met the local Chairman and Members?
Witness: No.
Defence: Did you send S.I Abdul Malek to Momtaj Begum for taking information about witness Setara Begum, Rani Begum and Mustafa Hawlader?
Witness: No because he knew that they hide themselves around their house.
Defence: How many houses did Abdul Malek search in Nolbunia village for hunting of three witnesses and did he inform anything about it?
Witness: Yes.
Defence: What is the name of village adjacent of Nolbunia to the Chalna bridge?
Witness: Hoglabunia, village of opposite side is Umedpur.
Defence: Did you consider the seizure list of those houses which were searched by S.I Abdul Malek?
Witness: No.
Defence: Did you examine the report which was given by S.I Abdul Malek about him returning after going to the different houses of that village for searching?
Witness: No.
Defence: Did you search about the position of those witnesses after being given report by S.I Abdul Malek Khan.
Witness: No, because I am in this Tribunal for giving witness.
Defence: Did you give any notice for coming Dhaka to the wife and son of Ibrahim Kutti for giving witnesses about the murder of him (Ibrahim Kutti)?
Witness: No.
Defence: Did you get any information about that Pakistani army and their collaborators who went to the house of Saheb Ali in 1st October 1971, [13 Ashwin 1378 (Bangla month)]?
Witness: This is not true.
Defence: You got information during investigation that Ibrahim Kutti was killed on that day and on that place.
Witness: This is not true.
Defence: you got information also that on that day Pakistani army brought Siraj alias Saheb Ali and his mother to the Pirojpur.
Witness: This is not true.
Defence: You got information during investigation that after it in Pirojpur Saheb Ali was killed and his mother was given up.
Witness: This is not true.
Defence: On the same date with Pakistani army Danes Mollah, Atahar Ali Hawlader, Asraf Ali, Abdul Mannaf Hawlader, Ayub Ali Choukidar, Kalam Chokider and Ruhul Amin son of Anwar Hossain, Abdul Hakim Munsi, Momin Ullah, Sikander Ali Sikder, Samsur Rahman, Moslem Mollah accordingly, killed Ibrahim Kutti after going to the house of Saheb Ali and tortured the parents of Saheb Ali and caught Saheb Ali and his mother, and brought them to the Pirojpur by boat.
Witness: This statement is not true fully. Real statement is that after 2 or 3 months of starting of the liberation war, it was on a night at the time of 3:00 am, Pakistani army with armed Rajaker and the member of peace committee Danes Mollah, Sikander Sikder, Delwar Hossain alias Delu and many other people came to the house of Azhar Ali and searched the house and arrested Azhar Ali, His wife Setara Begum and Saheb Ali and gave up Azhar Ali in the house after torturing and brought Setara Begum and Saheb Ali to the Pirojpur. After that they killed Saheb Ali and gave up Setara Begum.
Mixanul Islam: Afterwards a complaint case has been lodged against the abovementioned people.
Witness: Not true.
Defence: Your information about the killing of Ibrahim Kutti. Saheb Ali and torturing of his parents will be proved false if you bring to the court Setara Begum, Rani Begum, Mustafa Hawlader and other witnesses, which is why you have not brought them to the case.
Witness: This is not true.
Defence: For the same purpose you did not examine seven other witnesses during investigation and did not make them witnesses of this case.
Witness: No.
Defence: You found out during investigation that the case is registered as G.R No- 378\1972.
Witness: This is not true.
Defence: You got information that charge sheet was given against 9 people in that case.
Witness: This is not true.
Defence: In which village the house of witness Shukranjan Bali is situated?
Witness: Umedpur. I took his statement in 20-08-2010 and I went to his house for the first time.
Defence: What is his father’s profession?
Witness: He was alive in 1971 and it is not in my note what his profession was.
Defence: What was the profession of Bisha Bali (his brother)?
Witness: It is not in my note.
Defence: What was his marital life?
Witness: It is not in my note.
Defence: Did you find out any uncle of Bisha Bali during investigation?
Witness: No.
Defence: What is the present profession of witness Suranjan Bali?
Witness: It is not in my note.
Defence: Did you go to the house of Suranjan Bali for the process of witness?
Witness: Yes, once but the date is not in my mind.
Defence: Was there any other witnesses of this case when you were in the house of him?
Witness: Yes, Mizanur Rahman Talukder. After giving witness in this Tribunal by Mizanur Rahman Talukder, I went to the house of Suranjan Bali bringing him. I got Mizanur Rahman Talukder in Parerhat. His mobile phone number was with me and his house is at Togra village of Indurkani police station in Pirojpur. I did not go to Togra village.
Defence: Where did you take the statement of Mizanur Rahman?
Witness: I recorded his statement in 20-02-2011 in the office of investigating organization, and before that date I did not meet with him. His profession is business and he is involved with contractor business and in which area he does his business certainly, is not in my note.
Defence: Whom did you find in the house of Sukhronjon Bali?
Witness: I found in the house Sukhranjan Bali, his wife and daughter. When we went their house some people of neighboring houses came and we stayed in that house more than one hour and we did not go any other house and I don’t remember the name of people who were present there. After talking with Sukhranjan Bali and local people we stayed in Parerhat police camp.
Defence: Who was the in charge of that camp?
Witness: An S.I was in charge of it but I forget his name.
Defence: Whom did you give the responsibity to present Sukhranjan in the Tribunal?
Witness: I gave this responsibility to the O.C of Indurkani police station and gave suggestion to his daughter to do GD in police station. According to it his daughter did a diary in police station and this diary was not made during my presence and it was made after I went there.
Defence: What is the name of his daughter?
Witness: Monika Rani.
Defence: What is the number of GD?
Witness: GD no- 773 and date 25-02-2012. In that GD there is no complaint against any specific person but only the news of his missing and duty to investigate of that GD was upon SI Osman Gani.
Defence: Did he take permission from learned magistrate for investigation?
Witness: He did not give report and with best my knowledge the matter of the GD is under investigation.
Defence: Did local Rajakers stay in the area of Endurkani?
Witness: Yes.
Defence: One rajaker killed Bisha Bali by firing, is it in the statement of Suranjan Bali?
Witness: Yes.
Defence: Could you find out that Rajaker?
Witness: I tried to trace out but couldn’t.
Defence: The case which is filed by Mahbubul Alam Hawlader in Endurkani police station in which Suranjan is a witness.
Witness: Yes.
Defence: Is there any statement about the robbery in the house of Mahbubul Alam Hawlader, in the statement of Sukhranjan Bali which was given by him?
Witness: No.
Defence: Sukhranjan Bali did not give to you any statement really.
Witness: This is not true.
Defence: You created pressure upon Suranjan Bali to give statement by involving Saydee Saheb?
Witness: This is not true.
Defence: Did you record the statement on the date in which you met with witness Asis Kumar Shill for the first time?
Witness: I met with him in 20-09-2012 at first and recorded his statement on that day in Masimpur of Pirojpur which is near to his house and his father name is Horipad Mondol.
Defence: What did Ashish Kumar Mondol do in 1971?
Witness: It is not in my note.
Defence: What was his father profession?
Witness: It is not in my note.
Defence: Did you get his mother in the house?
Witness: Yes, her name is Sumoti Rani Mondol aged 76 years.
Defence: How many brothers and sisters does Asis Kumar Mondal have?
Witness: It is not in my note.
Defence: What is the profession of Asis Kumar Mondol?
Witness: He did business in the Pirojpur.
Defence: Did you go to the place of his business?
Witness: No.
Defence: What is the length of the circular place in middle Masimpur in which 19\ 20 people got together for joining liberation war?
Witness: Noone has measured it but it was a big jungle in 1971.
Defence: In which side from Pirojpur bus stand is the house of Ashish Mondal situated?
Witness: It is not in my note.
Defence: Do Ashish Kumar and his mother live in the same house?
Witness: Yes.
Defence: Where is Asis Kumar Mondol’s grand father house (in the context of his mother)?
Witness: It is not in my note.
Defence: How many numbers of brothers and sisters does Sumoti Rani have?
Witness: It is not in my note.
Defence: In which side the house of Monindro Nath is situated from the house Sumoti Rani Mondal?
Witness: It is not in my note but his house is after 3 or 4 houses.
Defence: Did you go to the house of Moninro Nath Mistry?
Witness: Yes. Whom I got, is not in my note. I did not get anyone of Moninro Nath Mistry
Defence: On which date did you go to the house Monindro Nath Mistry?
Witness: I did not go to the house of Moninro Nath Mistry during investigation. It is not in my note whether or not I went during investigation to the house of Bijoy Krisno Mistry, Upendro Nath, Jogendro Nath Mistry, Surendro Nath Mistry, Moti Lal Mistry, Jogessor Mondal and Suren Mondal who were killed in the time of liberation war.
Defence: Did you ask any local representative or aged people about those 6 unknown person?
Witness: It is not in my note.
Defence: Did you get anyone who knew Mondal in the area in which Ashish Kumar Mondol lives?
Witness: No.
Defence: On which date did you record the statement of Ashish Kumar Mondol?
Witness: I recorded the statement of Ashish Kumar Mondol on 20-09-2010 and also recorded the statement of Somar Mistry and Sumita Rani in the same place and date.
Defence: Did you get any information on those 19\20 people who were killed in the bus stand of middle Kasimpur?
Witness: No.
Defence: Did those three persons not give any information in their statement about those people who were killed in the area of the house of launderer which is situated back side of LGEDD?
Witness: No.
Defence: What was the profession of Samar Mistry in 1971 and what is it now?
Witness: It is not in my note.
Defence: In which year the husband of Sumoti was died?
Witness: It is not in my note.
Defence: The statements which are presented in 254, 255, 256 as the statement of witnesses Asis Mondol, Sumoti and Somar Mistry, are not the statement of those witnesses.
Witness: It is not in my note.
Defence: The statement of the witnesses presented by you was made by you.
Witness: It is not true.
The cross examination finished for the day
Chairman: Okay, let this week pass at first. Provide the Doctor’s report within Wednesday if the accused is fit to attend the Tribunal.
Okay the Tribunal is adjourned till the next day.
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