The Chairman said, no that will not happen we will see that, we are going to test it. ‘It is too odd to watch the witnesses sitting with the counsels.’ Then he has directed the defence witness to go the other side of the room. When the witness attempted to go to the side Tajul Islam stated we will take him outside the courtroom, but we will not let him sit on the other side.
Then Tajul has sent the witness out the room with a junior lawyer. The Chairman said Tajul Islam, everyday you are creating several types of obstacles here at the Tribunal, it is not really expected. Then Tajul started raising his voice and saying, I am the appointed counsel, I have the right to protect our witnhess. Then the newly appointed Justice Jahangir Hossain has stated- Mr. Tajul you are practicing for a long time. Don’t get excited so easily, be calm, quite. Hold your anger. Then Tajul Islam took the seat.
Then the tribunal started with the case of Salauddin Quader Chowdhury, and the cross examination of SM Mahbubul Alam, witness number 11, continued with Ahsanul Huq asking the questions (following on from here)
Defence: There was no man named Afsar Ali at the high command.
Witness: Not true.
Defence: Do you know freedom fighter Taher Sobhan of Chandanpura?
Witness: No.
Defence: He was in charge of Chandanpura?
Witness: Not true.
Defence: To go to Chawkbazar from City Corporation one has to follow the Sirajuddollah Road. There are so many business organization and shops beside this road.
Witness: Yes.
Defence: Kajim Ali Road is located on the right side of the way to Sirajuddollah Road to Chawkbazar.
Witness: Yes.
Defence: Kajim Ali Road is located at the Ghat Forhad Beg area.
Witness: Yes.
Defence: Do you know Jahangir Sattar Tinku whose house is located at this area?
Witness: Yes.
Defence: He was a freedom fighter?
Witness: Not true.
Defence: If there was any curfew in Chittagong on September?
Witness: No.
Defence: This Sirajuddollah Road is a busy road and so many vehicles move over this road.
Witness: Yes.
Defence: Ayesha Khatun Lane is at the right side of Sirajuddollah road.
Witness: Yes.
Defence: Chandanpura is an overpopulated area.
Witness: Yes.
Defence: Transports and Rickshaws also move over the Ayesha Khatun Lane.
Witness: Yes.
Defence: The gate of the house of Azizuddin is visible from the Sirajuddollah Road. And Azizuddin’s house is visible from the gate.
Witness: Yes.
Defence: What is the distance of the gate to Azizuddin’s house?
Witness: It is about 150 yards.
Defence: There are so many trees beside the house.
Witness: Yes.
Defence: What is the distance of the gate to the slab over the drain?
Witness: I can’t remember.
Defence: How many times have you gone to the Ayesha Khatun Lane before and after the incident?
Witness: Before the incident I have gone twice and after the incident I have not gone to the house of Azizuddin for anytime.
Defence: What is the length of the slab over the drain?
Witness: It is about 10 to 12 feet.
Defence: If the Sirajuddollah Road is in higher position than Ayesha Khatun Road?
Witness: Yes.
Defence: The drain beside the house of Kaisar Ali was visible from the Sirajuddollah Road.
Witness: Yes.
Defence: Have you heard any sound of shouting and hurt from the vehicle after your attack?
Witness: No.
Defence: Did you used to hear the Chorompotro of M R Akhtar Mukul?
Witness: Yes.
Defence: Have you heard any one talking about your attack at the Chorompotro before 20th to 30th September, 2012?
Witness: No.
Defence: The content of the program Chorompotro has been published as a book named ‘Chorompotro’.
Witness: Yes, but I have not read that book.
Defence: If the vehicles stopped at the compound were they visible from the gate of Azizuddin?
Witness: I don’t know.
Defence: There was a big fire station at the south side of the Ayesha Khatun Lane.
Witness: Yes.
Defence: Did the Pakistan Army and the Polices used to stay at the fire station?
Witness: I don’t know.
Defence: The Pakistan Police, Army, Military used to stay by making Camp over the DC Hill, Ispahani Hill, Mojaffor Mia Hill and CMP Hill?
Witness: Yes.
Defence: The freedom fighters are being invited from the DC Office for any programs of State.
Witness: Yes.
Defence: There is a list of freedom fighters at the DC Office.
Witness: Yes.
Defence: There was a freedom fighter commander at named Dr. Mahbub.
Witness: Yes.
Defence: Your name has not been enlisted in the list of DC Office.
Witness: Not true.
Defence: Have you submitted any supporting documents to the IO about your statement where you have stated- you were a commander of freedom fighter.
Witness: No.
Defence: You were not either a freedom fighter or a commander of freedom fighter.
Witness: Not true.
Defence: How much times have been taken for your ambush and firing?
Witness: I can’t remember.
Defence: There were so many shops at the east side of the Ayesha Khatun Lane and there were many shops at the north side.
Witness: Yes.
Defence: Did the family members of the driver or Salahuddin Quader Chowdhury file any case at the time of war?
Witness: I don’t know.
Defence: Have you given the hit list to the IO which has been given to you by Ziaur Rahman?
Witness: No. It was lost.
Defence: Who were given the copies of hit list?
Witness: Me and along with other commanders were given the copy.
Defence: What kind of grenade was that?
Witness: It was a powerful Enarga grenade.
Defence: What kind of Sten-Gun was that which was used in that incident?
Witness: It was Nine MM-SNG Mark-2.
Defence: No vehicle or passengers would have survived after any attack over the vehicle by these sorts of arms and grenade.
Witness: Yes and driver died after our attack and Salahuddin Quader Chowdhury was seriously injured. I don’t know anything about the other passengers.
Defence: By giving wrong information Azizuddin has given Nurul Afsar at the place of incident?
Witness: Not true.
Defence: Did anyone tell you that- Azizuddin’s criminal record is not so good.
Witness: No.
Defence: Who has taken away the dead body and the injured bodies after the attack?
Witness: I don’t know.
Defence: By which route have you left?
Witness: We have left from the back side of the house of Mr. Kaisar.
Defence: Have you met anyone on the way?
Witness: No.
Defence: When did you first let the people know about the attack?
Witness: After 16th December, 1971.
Defence: Whom did you talk about the incident?
Witness: I have told so many people. Among those there were 150 freedom fighters of Chittagong. Among them there were- Kaji Enamul Haque- who is the secretary of the present Mohanogor Awami League, Engineer Harun Ahmed- former BLF Commander, Dr. Jaforullah- BLF Commander, Abu Syed Sarkar- Commander, Dr. Mizan- BLF Commander.
Defence: What is the meaning of KC-1 and KC-2 of BLF?
Witness: I was not in BLF so I can’t say.
Defence: Abdus Sattar, Jahangir Alam, Omar Faruk, Abdur Rahman, Johurul Alam Choukidar and others were the Freedom Fighter commander of Chittagong.
Witness: Yes.
Defence: Afterwards they all have got involved with the group of Moulovi Syed.
Witness: I don’t know.
Defence: Dr. Mahfujur Rahman, Dr. Mahbubul Alam, Abdullah Al Harun, Enamul Haque Danu were the BLF Commander of Chittagong.
Witness: Yes.
Defence: Mostafijur Rahman and Abdul Aziz were at the KC-4 of BLF.
Witness: I don’t know.
Defence: Moinuddin Khan Badal was the publication secretary of the High Command of the City Freedom Fighters; Vice- President was Robiul Hossain Kochi and Kaji Arif.
Witness: Yes.
Defence: the KC-1,2,3 have been assigned to destroy the collaborators and the Panjabi.
Witness: I don’t know.
Defence: You have not told it to the IO that- After the declaration of liberation of Sheikh Mujibur Rahman at 1971 I have joined at liberation war.
Witness: Not true.
Defence: Have you got any border pass when you have gone to Sabrum from Ramgor.
Witness: No.
Defence: You have not gone to Sabrum from Ramgor?
Witness: Not true.
Defence: Shopon Kumar Choukidar has taken you to Major Zia, it is not true.
Witness: Not true.
Defence: Have you given any interview to ATN Bangla?
Witness: Yes.
Defence: Have you stated at the interview that- till September, 1971 you were staying at Bangladesh, you have not gone to India.
Witness: No.
Defence: You have stated 15 names in total, but you have not stated the names of the following persons to the IO, namely- Md. Mohsin, Md. Rafiqul Islam, Md. Kashem, Yousuf Chowkidar, Ahmed Kamrul Hasan.
Witness: I can’t remember.
Defence: Among the 15 persons Rojario has not returned to Bangladesh after the liberation.
Witness: Not true.
Defence: You have stated the name of Mr. Ziaur Rahman as Salahuddin Quader Chowdhury who is the president of the standing committee of BNP to make chaos in the BNP.
Witness: Not true.
Defence: The story of the invitation of Salahuddin Quader Chowdhury at the house of Dr. Samiruddin is not a true one.
Witness: Not true.
Defence: The political opponent of Salahuddin Quader Chowdhury has incited you to give statement against him.
Witness: Not true.
Defence: You are giving false statement by the provocation of Mr, Abdullah Al Harun and other people.
Witness: Not true.
Defence: You have not gone to the Ayesha Khatun Lane on the day of incident, you were at another place but you have stated false words.
Witness: Not true.
Then the counsel read out passages from the witness statement and said that they were not true, and the witness said that they were
Defence: It was raining heavily and it was so dark- it is not true. It was drizzling on that time.
Witness: Not true.
Defence: There was no incident like attack over Salahuddin Quader Chowdhury on the so called day and time. You are stating false.
Witness: Not true.
Chairman: Okay the Tribunal is adjourned till 2 P.M. And the next day for this Item is on Sunday.
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