The second defence witness in the case of Delwar Hossain Sayedee came to the witness box. He was questioned by Manjur Ahmed Ansari. (To see the first defense witness, click here)
Defence: State your name and identity.The prosecutor Syed Haidar Ali then told the tribunal: My Lord, the defence has produced the name of Abdur Razzak Khan and Abdur Razzak, but they have produced Mr. Abdur Razzak Akond who is not the same person we guess.
Defence Witness: My name is Abdur Razzak Akand, father’s name is- Late Iskandar Ali Akand, Mother’s name is- Late Aminunnesa. The name of my village is Nolbunia under Zianagar Police Station. I do agricultural farming as my profession. I have 7 brothers and sisters. My elder sister Safia Khatun is the eldest of us. She has been got married to the man from our neighboring house. My sister has three sons, namely- Abdul Halim Babul, Abdul Karim Modhu, Abdul Salam Bahadur. I have came before the Tribunal to testify in favor of Mr. Delwar Hossain Syedee.
During the liberation war of 1971 no Razakar, Pakistan Army, Al-Badar, Al-Shams have gone to the house of my nephew Abdul Halim Babul; their house was neither set on fire or being looted. No incident like the above has yet happened at his home. Abdul Halim Babul has given false statement before this Tribunal against Mr. Sayedee. During the liberation war he was only 8 or 9 years old. Before 1 year we have heard that- Babul is going to give false statement against Mr. Syedee. After hearing the matter Babul’s mother told him ‘son, you should not give false statement against this good man’. His brothers- Modhu and Bahadur have also forbade him to give false statement. He has stated on reply that, ‘I will do.’ Then with a deep agony his mother has left his home towards her second son Abdul Salam Bahadur’s house. His mother has stated before me that, ‘brother if I were in good health then I would go before the Tribunal to state the Truth, but my body is not permitting me to go. You know everything- so please go and state the truth.’
During the liberation war only one thing has happened in our village. During the Bangla month of Ashwin [timeframe of the months of September to October] one night I have heard a sound of fire or bullet at the end part of that night. That was the approaching hour of the Fazar prayer. After giving Azan and the prayer I have gone to the North side of the road to see what actually has happened. Then I have watched that some people are carrying the deadbody of Ibrahim Kutti by a boat and going towards the Parerhat. Kalam Choukidar, Ayub Ali Choukidar, Hakim Munshi were there at the boat. Then I have watched some more people coming from the north side towards the road on the side of the pond. Razakars namely Danesh Molla, Sikandar Shikdar, Moslem Mawlana, Ruhul Amin, Momina were among the people who were coming forward towards the road. I have also watched that those people tied the hands and took the wife of Raju Hawladar and Saheb Ali (son of Raju Hawladar) with them towards Parerhat. On the next day the wife of Raju Hawladar returned home but Saheb Ali was taken to Pirojpur and was killed by the Pakistan Army. I have heard after some days of the completion of liberation war, the wife of Ibrahim Kutti has filed a case.
This is the end of my statement.
Justice Jahangir Hossain: Defence what is your reply?
Tajul Islam: My Lord, we did for the safety of the witness. This is the same person whose name has been produced as Abdur Razzak. As he testified in a positive way, so the Proscution is throwing this sorts of questions.
Haidar Ali: How come they say so, when they have produced the name which is not similar with the witness who is testifying?
Justice Jahangir Hossain: [He has directed the stenographer to add the following paragraph before the recording of the Cross.]
Before the starting of the cross examination the Prosecution has raised objection by saying that Abdur Razzak’s name has been produced on the list who has not been produced before the tribunal. The man who has been produced today is named as Abdur Razzak Akond. The defence has stated on reply that- the person who has been produced today is the same Abdur Razzak.Haider Ali then conducted the cross examination
Prosecutor: How old is your elder sister?Justice Jahangir Hossain and Justice Anwarul Haque: Okay the Tribunal is adjourned till 2 P.M.
Witness: She is over 85 years. And I have 3 more elder brothers after my sister.
Prosecutor: How many brothers do you have?
Witness: I have 5 brothers. In total I have 7 siblings.
Prosecutor: What is the year when your sister got married?
Witness: I can’t remember.
Prosecutor: Who is eldest among the brothers of Abdul Halim Babul.
Witness: Abdul Halim Babul is the eldest one.
Prosecutor: When Babul was born?
Witness: I can’t remember. Before his birth, 4 child of my sister have died after they’re being born. I can’t remember the year of their death.
Prosecutor: What was the age of your brother in law when your sister got married?
Witness: I can’t recall.
Prosecutor: When did he die?
Witness: After the liberation war.
Prosecutor: If Nolbunia village is facing on North- South side?
Prosecutor: What is the length of the village?
Witness: It is about half mile.
Prosecutor: Babul’s house is situated in which side?
Witness: At the North side.
Prosecutor: Whose house is situated at the South side of the village?
Witness: Mokbul Master’s house is situated at the south side, who is a teacher by profession during the liberation war.
Prosecutor: Who did the shopping of your house during the liberation war during the liberation war from the local market?
Witness: I did it by myself, in fact during that time rarely I used to go to the local Hat-Bazar.
Prosecutor: For how many times you have gone to Parerhat Bazar during that time?
Witness: Once I have gone to the market. That day was a market day on the Bangla month Ashwin [during the time period of September- October]. I have gone to market on the other months also but it was rare.
Prosecutor: Why did you go there on a rare basis?
Witness: Because there was a fear of Pakistan Army and the Razakars.
Prosecutor: What did Razakars used to do on that time?
Witness: They used to do looting.
Prosecutor: Did they set fire?
Witness: They have set fire on Hoglabunia village- I have heard that.
Prosecutor: On whose house they have set fire?
Witness: They used to set fire on the house of the people of Hindu community. They have also set fire on the houses of Muslims- I have heard that.
They have set fire on the house of freedom fighter Khosru which was situated beside the pond at Shonkorpasha village. They have set fire on another house, but I can’t remember the name now.
Prosecutor: Was there any freedom fighter in your house?
Witness: Yes. He was the son of my brother’s sister.
Prosecutor: Did your brother in law support the freedom fighting movement?
Witness: Yes, he was a big supporter of Awami League.
Prosecutor: What was his profession?
Witness: He was a Court Clark. Once he has been elected as the member of Union Council.
Prosecutor: What did you used to do at the time of the liberation war?
Witness: During that time, I used to hide with my brother in law at the houses of different villages, because he was a local leader of Awami League.
Prosecutor: Did you go to the Razakar Camp during the time of liberation war?
Prosecutor: Was there any Razakar in your village during that time?
Witness: No. There was no Razakar and no Razakar has visited the village as well.
Prosecutor: Was there freedom fighter in your village during that time?
Witness: Yes there was one named Sattar who used to live on the North side.
Prosecutor: What is the distance of your house from the house of Khosru?
Witness: It is about 300 to 400 yards.
Prosecutor: Did you go to the freedom fighters camp during the liberation war?
Prosecutor: Was there any Razakar Camp?
Witness: There was a Razakar Camp where Pakistan soldier used to pay visit.
Prosecutor: How many rooms were there at Babul’s house?
Witness: Now there are 5 rooms but during the liberation war there were 4 rooms.
Prosecutor: When did you flee?
Witness: Not at the time of morning or night because there was not a pressure from Razakars.
Prosecutor: When did you got married?
Witness: At the very beginning of 1972.
Prosecutor: When did you come to Dhaka?
Witness: Yesterday. Mr. Nanna- the brother in law of Mr. Sayedee has taken me to Dhaka.
Prosecutor: Is he present at this court?
[Before the answer, the defence counsel Tajul Islam raised serious objection against this question and gone towards the dais where the Prosecutor was standing. He and the Prosecutor became so furious when standing on the dais and raising objection against the viability of the question. Then Justice Jahangir Hossain has stated- I have joined here for a few days, I don’t except this types of behavior from you. Be calm, and Mr. Tajul, take your seat and Prosecutor please proceed.]
Prosecutor: What is the physical condition of Babul’s mother nowadays?
Witness: She is sick. She is living in Dhaka most of the times. Now she is in my house. During the last Eid-ul-Fitr she has gone to my house.
Prosecutor: How did she go to your house?
Witness: She went there by travelling on a Launch.
Prosecutor: Where did she use to reside in Dhaka?
Witness: She used to live at his son’s house in Dhanmondi.
Prosecutor: What is the distance of your house and the Launch terminal?
Witness: It is about 4 to 5 miles.
Prosecutor: You have stated- “After hearing the matter Babul’s mother told him- son, you should not give false statement against this good man. His brothers- Modhu and Bahadur have also forbade him to give false statement. He has stated on reply that- I will do. Then with a deep agony his mother has left his home towards her second son Abdul Salam Bahadur’s house.”—It is false.
Witness: Not true.
Prosecutor: You have stated—“ His mother has stated before me that- brother if I were in good health then I would go before the Tribunal to state the Truth, but my body is not permitting me to go. You know everything- so please go and state the truth.” It is false.
Witness: Not true.
Prosecutor: What is the profession of Mr. Bahadur?
Witness: He has several types of businesses.
Prosecutor: How old is he?
Witness: He has not 40 years yet. Babul’s another brother Modhu is about 35 years old.
Prosecutor: During the liberation war where did Bahadur and Modhu used to stay?
Witness: They used to stay at their home at that time.
Prosecutor: Have you heard the sound of fire on any other month except the Bangla month Ashwin?
Witness: Yes. I have not gone to anyone’s house to investigate about the source of fire.
Prosecutor: Who has fired on that time?
Witness: I don’t know.
Prosecutor: Do you know Baduria and Chitholia village?
Prosecutor: What is the distance of your house and the Parerhat bazaar?
Witness: It is about 1 ½ to 2 mile.
Prosecutor: What is the distance of Baduria- Chitholia village from the Parerhat Bazar?
Witness: It is about 100 hand steps, but there is a pond at the middle which has moved towards the north side of Pirojpur by mixing with Pocha River.
Prosecutor: Did you go to Parerhat Bazar during May to June?
Witness: Yes once I have gone.
Prosecutor: Did your brother in law go to the Parerhat Bazar during the liberation war?
Prosecutor: When did your elder sister first visit Dhaka?
Witness: I can’t remember. But she has visited.
Prosecutor: Has she visited 4 to 5 years earlier?
Witness: Yes she came to Dhaka to visit her son’s house.
The Cross Examination continued.
Prosecution: During the Liberation War when you went to Parerhat Bondor (market) did anyone misbehave with you?
Witness: No one gave me any threat. I would have used to go to ‘’Bazar’’ in the afternoon.
Prosecution: Did you used to go to Bazar in the afternoon?
Prosecution: Who threatened you that time?
Prosecution: Did you know when rajakar stayed at that bazaar and when not?
Witness: No, I did not know.