Chairman: We have repeatedly told we want that the witnesses are to ought to be produced one after another. The time has already ripened to take action regarding the matter.
Razzak asked the tribunal to please accommodate them, that they are doing their level best - and that in the nine months of the prosecution case you gave numerous adjournments. That in the last one month of the defence case we have produced 9 defense witness so the tribunal cannot blame the defense for delays.
The tribunal then called the defence witness Hemayet Uddin Sharif. He was examined by Manjur Ahmed Ansari. (see 8th witness here)
Witness: My name is Hemayet Uddin Sharif, Father- Late Motahar Ali, Mother- Late Notunjan Bibi, Aged- 64 years. Address: village- Tengratila, Police Station: Zianagar, District- Pirojpur. By Profession: Shop keeper of grocery shop. During the liberation war I used to do the same work as a shop keeper.Cross Examination by the prosecutor Syed Haidar Ali then started.
Defence: Mention the remarkable event of 1971.
Witness: My mother has died 11 years before the liberation war when I was 12 years old. The day after my mother’s death, my younger sister aged 10 years also died. When my mother died she left my little sister aged 3 or 4 years. Then an aunty of our neighboring house started taking care of us. After the liberation war started my aunty has gone to her father’s house at the nearby Umedpur village in May or June. Suddenly my aunty became very sick. After getting the news of her sickness, on one afternoon I went to visit her there. My aunty didn’t let us return to our house on that day, we have stayed there. On the next morning the people of the locality started shouting-‘The Pakistan soliders are coming … The Pakistan Armies are coming’. Then I along with Afjal, Latif, Nurul Islam and others have gone and started staring at the incidents by standing at the garden of the eastern side of the house. Then we have watched 15 or 16 Pakistan soliders along with Moslem Mawlana, Danesh Molla, Sikandar Sikdar, Asmot Ali Munshi, Goni Gazi, Razzak, Mohsin, Momin and others have entered the Hindu community of the Umedpur. After sometime we have watched they set fire from the houses of the locality. After 15 or 16 minutes we have watched that the Pakistan Armies and their associates have caught a man and taken him with them. From my side Afjal has said that- they are taking Mr. Bishabali with them towards the Hindu Community of the north side of the Hoglabunia. After sometimes we have again watched fire burning from the area. After standing there for a while I have returned home. When I have gone to the shop at the afternoon- I have heard that 10 or 12 houses have been set on fire and thus burnt. 4 or 5 people have been caught along with Bishabali from that village. On the next day I have heard that by sitting on the shop that the people who have been caught from the Hoglabunia had been shot and then killed at the bank of the Boleshwari River.
During the liberation war of 1971 there were no looting or torture at our village Tengrakhali, no Pakistan Armies and Razakars have gone to our village and there were no Razakars in our village also.
This is the end of my statement.
Prosecutor: What is the name of the title of your family?
Witness: Sharif.Prosecutor: This is all about my cross examination and My Lord as there is no next witness so Your Lordship may be kind enough to close the prosecution case and fix a date for argument. The defense could have prepared their defense witnesses from the beginning, but they are now trying to delay the trial.
Prosecutor: How many brothers and sisters do you have?
Witness: I have 6 brothers and 3 sisters; among them two brothers and 1 sister have died.
Prosecutor: What are the names of your brothers who are alive?
Witness: Panna Mia, Alam, Badsha Mia and Kabir are alive.
Prosecutor: Do you have any brother named Moti? Or do you have any relative in the same name?
Witness: I have no brother named Moti but I have a relative named Moti who lives in Tengrakhali.
Prosecutor: How many areas are there in Umedpur?
Witness: 3. they are located one next to each another.
Prosecutor: What is the name of the area of your auntie’s father’s house?
Prosecutor: Who used to live at the Purbopara and Moddhopara?
Witness: Both the Hindu and the Muslim people used to live in the area.
Prosecutor: In which union is your house located in?
Witness: Parerhat Union.
Prosecutor: Where was your shop located?
Prosecutor: Have you ever visited any place outside your village during the liberation war?
Witness: Sometimes I have gone to roam around the areas outside my village.
Prosecutor: Have you completed your part of education before the liberation war?
Witness: Yes I have read up to class eight.
Prosecutor: Do you have any brother named Firoj?
Witness: He is my first cousin.
Prosecutor: Whether Firoj is convicted under any punishment for 7 years?
Prosecutor: Are you involved with politics?
Prosecutor: Are you a member of the Ward-9 of BNP of your area?
Witness: Might be.
Prosecutor: If you are engaged in any notable post of the Ward-9 of BNP?
Prosecutor: When did you first came to know about the investigation of this case?
Witness: 1 year earlier.
Prosecutor: Who was assigned for the investigation do you know?
Witness: No, I didn’t think it necessary for me to know.
Prosecutor: If you maintain any diary to mention what is happening in which day?
Prosecutor: How many Razakars and Pakistan solider there did you count?
Witness: There were around 15 or 16 Razakars.
Prosecutor: Did you count how many people fled?
Witness: I have not seen.
Prosecutor: How many houses have been burnt down?
Witness: I have not counted.
Prosecutor: How many houses were there?
Witness: Around 45 to 50.
Prosecutor: If Tengrakhali is located at the North?
Witness: No at West.
Prosecutor: By which manner did the Pakistani Armies go to Umedpur from Parerhat?
Witness: They have gone there by walking.
Prosecutor: When have you come to know that you have to testify for this case?
Witness: Before One year Mr. Syedee’s elder son has gone to Boudubibazar and asked me to give statement. Then Mr. Syedee’s brother in law has maintained the communication.
Prosecutor: The statements you gave given are false.
Witness: Not true.
Prosecutor: To get monetary benefit from the Jamaat-e-Islami you have given false statement.
Witness: Not true.
Before the order was given the tribunal moved onto the Golam Azam case