Tuesday, November 20, 2012

6 Aug 2012: Sayedee IO cross exam day 44

The tribunal started with Zead Al Malum telling the tribunal that Ms. Sultana Kamal is present before the Tribunal today to give deposition in the case of Golam Azam.

Chairman: We have to finish the cross examination of the IO at first for the case of Delwar Hossain Syedee. So, re-fix the date. [Mr.Malum has discussed the matter with Ms. Sultana Kamala and told the Tribunal that-the prosecution witness will leave the country for some days, so she might be available on 10th or 9th September, 2012. Chairman has approved 10th September for the deposition of Ms. Sulatana Kamal and on 27-8-2012 for other witnesses.

Then the Chairman has told the Prosecutor that it had an application in our hand about the disclosure of the seized fortnightly reports, we will hear it after the vacation.

The cross examination of Helal Uddin, the investigation officer in the Sayedee case continued (following on from the previous day)
Defence: Have you found the information about the children and the fathers of the following persons namely- Upendra Nath, Jogendranath Mistry, Surendranath Mistry, Motilal Mistry, Binoy Krishno Mistry during your investigation?

Witness: No.

Defence: Witnesses Ashish Kumar Mondo, Sumoti Rani and Somor Mistry were not the members of the victim’s family in the 1971 liberation war.

Witness: Yes.

Defence: Whether you have gone to Machimpur from Parerhat?

Witness: Yes, on 10-9-2010 at 13:30 P.M.

Defence: There was no incident which mentioned the name of Machimpur in the complaint filed in the Investigation Agency and the FIR of Manik Poshari.

Witness: Yes.

Defence: When did you first knew about the offences committed by the Pakistan Army and their associates?

Witness: From several sources of information, from the people and from several data-documents during the investigation. But the date has not been mentioned in my note.

Defence: Are there other houses in the area where the houses of these three persons are located?

Witness: Yes, there are several houses. But the houses of these three persons are a bit away from the main road. There is no link road to go to Ashish Kumar Mondol’s house.

Defence: When did you at first go to the graveyard of those that died?

Witness: On 20-9-2010 I went there and asked the local people, who are the witnesses, then went to Ashish Kumar Mondol’s house and interrogated him and recorded his statement and then went behind the LGED Office and recorded the statement of two other witnesses. By the graveyard I have meant the place of killing of 10 people. That is an empty place; there are some houses and a canal beside it. There are houses beside both the sides of the canal and Mr. Ashish’s house is located beside other side of the canal.

Defence: If you have gone with the legal processes of these three witnesses at the same time?

Witness: Yes. The SI of Pirojpur Sadar Police Station Badal Krishno was also with me.

Defence: If the other witnesses of the case were with you then?

Witness: No, the other witnesses were not with me. When I have gone to the house of Somor Mistry then 2 or 3 local people have came but I don’t know their identity. Two or three persons have discussed with the son of Somor Mistry during my presence. I have discussed with the wife, son of Somor Mistry and the witness also. I have stayed for almost half an hour at his house. I have gone to Ashish Kumar Mondol’s house from Mr. Somor’s house. Mr. Somor was with me while I was going to Mr. Ashish’s house. I have met Mr. Ashish and Ms. Sumoti Rani Mondol there. We have stayed at the house for almost half an hour. Most probably we have gone to the house of Suresh Mondol from the house of Mr. Ashish.

Defence: Did you go to houses of the witnesses who have given their statements before the Tribunal?

Witness: I can’t remember.

Defence: Did Mr. Badal Krishno has gone to these houses afterwards?

Witness: He has taken these witnesses to Dhaka for the deposition purpose. But I can’t remember the dates. I can’t remember also when the witnesses have started towards Dhaka.

Defence: Does Sumoti Rani’s son in law works in the Bangladesh Police Department?

Witness: I don’t know.

Defence: Did SI Badal Krishno or someone from the Pirojpur Police Department visit the houses of witnesses Ashish Kumar Mondol, Sumoti Rani, Somor Mistry after they left Dhaka?

Witness: As far as I know they have visited.

Defence: For how long have the witnesses stayed at the place which is intended for the witnesses to stay at Dhaka?

Witness: I can’t say. May be for one or two days.

Defence: You have kept the witnesses in the place intended for the staying of the witnesses in Dhaka for a long time.

Witness: Not true.

Defence: The witnesses didn’t agree to give statements on the accord of the Prosecution, so they were not presented before the Tribunal.

Witness: Not true.

Defence: Who has edited the book ‘Firee dekha Ekattor’?

Witness: It has not been mentioned in my note; I have downloaded the book from the website https://warcriminalsbd.org/. I don’t know the date of publication. I don’t know who the publisher was.

Defence: Whether the part you contain is its summary?

Witness: No, it is not a summary but a part.

Defence: If you have asked for the existence of the book on Dhaka District Administration, Department of Film & Publications and the Ministry of Information?

Witness: No.

Defence: Does it contain the name of General M A G Osmani?

Witness: Yes.

Defence: Whether the book contains the names of the Local Administration to District Administration of the Liberation War?

Witness: Yes.

Defence: Who was the Chief of the Southern part of the Administration?

Witness: Late Abdur Rab Serniyabat was the Chief of Administration and Mr. A Momin was the administrator.

Defence: Where have the documents of the local administration during the liberation war 1971 been deposited?

Witness: It has not been mentioned in my note.

Defence: If you have investigated about Mr. A Momin?

Witness: I can’t say, as it is not noted in my diary.

Defence: If there are any interviews of any important person in the part of book?

Witness: Yes.

Defence: If the book contains the names of the people who were against the liberation?

Witness: Yes.

Defence: The part of the book contains the names of several organizations made by Pakistan Army as well the Razakar Bahini.

Witness: Yes.

Defence: The book does not contain any complaint against Mr. Ssyedee, even his name has not been included there.

Witness: Yes.

Defence: The website as you have mentioned does not contain any part of the book except the name of the book.

Witness: Not true.

Defence: You have attached the other documents with the book ‘Instrument to Surrender’ because the names of Jamate Islami or the Peace Committee have not been included in the list of Paramilitary and Armed forces.

Witness: Not true.

Defence: When did you record the statement of PW Sail Hafijur Rahman (PW-27)?

Witness: On 25-01-2011 at his house at Norail.

Defence: Whether you have gone with his Process from this Tribunal?

Witness: No, I didn’t go but I have requested the Norail Police Super to send him.

Defence: Have you found the information whether Mr. Khan Bahadur Afjal was present on the Sangram Parishad of Pirojpur of 1971?

Witness: No.

Defence: There are the descriptions of 4 graveyards- given by the District Freedom Fighter Shangsad. Mention the names.

Witness: Bolesshor Kheya Ghat, CI Para, Kumir Mara of Shikdar Mollik Union, Old Ponchogram now Ponchoghat of Hularhat.

Defence: If you have found from the old Governmental documents or the reports of Freedom Fighters about any graveyard at Machimpur, Dhopabari (Behind the LGED), behind Moddho Machimpur?

Witness: I don’t have any information about it.

Defence: On which roots the buses runs from this stand at 1971?

Witness: I have not investigated about it.

Defence: Who is the oldest bus owner of this area?

Witness: I have not searched for that.

Defence: There was no Busstand at Pirojpur on 1971.

Witness: Not true.

Defence: If you have searched at BIWTA about the ferry service from Pirojpur?

Witness: No.

Defence: The Bus stand has at first been established during the period of Ershad Govenrment and afterwards when Mr. Syedee was the MP for the second time.

Witness: Not true.

Defence: When Mr. Faijur Rahman (SDPO) was called to join at work and afterwards joined he has been captured from his office.

Witness: I don’t know.

Defence: Are the SDO and the SDPO offices were on the same building?

Witness: Yes.

Defence: If you have searched who were the officers and the workers of the ADO office during 1971?

Witness: Yes.

Defence: Who was in charge of the post of SDO when the SDO in charge Abdur Razzak was killed?

Witness: It has not been mentioned in my note.

Defence: The present District Administration Office and the then SDO is located at the same place.

Witness: No. At present there is the office the District Food Controller and other offices, on 1971 there were the offices of the Administrative Officers and other offices.
Chairman: Okay the Tribunal is adjourned till 1:30 P.M.

Defence: Did you enquire about that whether any one, who was employed at SDO office of Pirojpur in 1971, raises pension or not?  
Witness: I did not enquire.  
Defence: Is any one alive among the people who were engaged with SDO office, Pirojpur Sadar police station or Endurkani police camp in 1971?  
Witness: I took information about O.C of Pirojpur Sadar police station and heard that he has been died and I did not take information about any other.  
Defence: You did not get any process for presenting Mahbubul Alam Hawlader in this Tribunal.  
Witness: This is not true.  
Defence: Did you inquire during the time of investigation about those freedom fighters who took shelter in the house of Mahbubul Alam Hawlader during liberation war?  
Witness: It is not in my note whether I searched or not.  
Defence: Did you inquire about that how the management of office of Major Zia uddin in  sunderbon was organised? 
Witness: No, I did not.  
Defence:  Did you communicate during investigation period with Mohiuddin Kalam, Gowtam Hawlader, Babul Kaji, Sudir Master, Sonkar Sen, Abdul Latif, Belaet Hossain who were freedom fighters of Pirojpur?  
Witness: I can’t say as it is not in my note. Defence: Did you communicate with the member of Parerhat Mojid Talukder and local inhabitant Motahar Ali Mowlovi?  
Witness: It is not in my note.  
Defence: Did you not get any process for presenting Ruhul Amin Nobin in the Tribunal?  
Witness: I don’t remember whether I got or not?  
Defence: Did you ask Nurul Haque Mowlovi, Maolana Nasim son of Sultan, Mofij Uddin Mowlovi?  
Witness: I can’t say as it is not in my note.  
Defence: Did you get anyone in the name of Chobi Roy in Parerhat?  
Witness: Chobi is the daughter of Bipod Saha who is now at India.  
Defence: Did you ask anyone whose factory Ruhul Amin Nobin returned the looted property after liberation war?  
Witness: I did not get anyone except Modan Saha among them.  
Defence: Whether Chobi Roy is the elder or younger than Vanu Saha?  
Witness: I don’t know.  
Defence: Did you meet with Ruhul Amin Nobin in March of 2010?  
Witness: No. Defence: Did you ask advocate and freedom fighter Shamsul Haque, Dr Nurul Haque, Hanif Bangali, Abu Saleh, Babul Chairman and Khairul Alam?  
Witness: It is not in my note. Defence: Where is the house of Ruhul Amin Hawlader son of Anwar Hossain Hawlader?
Witness: In Parerhat Bazaar.  
Defence: Did you ask Mohammad and Hasan Ali of Chitolia?Witness: It is not in my note.  
Defence: The report of Janokontho which is in 13th volume of 3491 page, what is its date?  
Witness:  The paper presented in the Tribunal in the heading of “That Saydee, killer of 1971” is in the page of 1384 of 13th volume but there is no date.  
Defence: According to this news Saydee remained at Parehat till 19th December.  
Witness: Yes.  
Defence: Did you search who was that reporter and did you ask him during investigation?  
Witness: I can’t say as it is not in my note.  
Defence: The reporter of Bhorer Kagoj states the mass investigation commission, monthly Nipun August 1987 and reservation centre of liberation war as the reference of the news in the heading of “71 proofs of Rajakar” which was published in 04-11-2007.  
Witness: Yes.  
Defence: Did you send any letter to D.C.C of Dhaka, FP and ministry of information for collecting that copy of Nipun and examining its existence? 
Witness: I did not send any letter and didn’t go myself but it was not found in the archive of Bangla Academy and P.I.B when it was searching there.  
Defence: Say the address of reservation center of liberation war?  
Witness: I don’t know its address.   
Defence: Did you find in any place the name of Saheb Bazaar in Parerhat or Pirojpur?  
Witness: It is not in my note.  
Defence: Who was the convener of Mass Investigation Commission, at the time of your investigation?  
Witness: I did not enquire.  
Defence: From whom did you collect the report of Mass Investigation Commission?  
Witness: I collected it from museum of libation war, no-5 Sagunbagicha. I took main copy in my control and gave its photo copy to prosecution for presenting in the Tribunal.  
Defence: There are a secretariat and a steering committee for helping the National Mass Investigation Commission?  
Witness: Yes.  
Defence: Whom you asked about commission?  
Witness: I did not ask anyone except Sahriar Kabir and Advocate Jaglol Haider Afrik.  
Defence: Did you enquire about the function of Mass Investigation Commission further more?  
Witness: No.

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