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Wednesday, November 21, 2012

9 Oct 2012: Sayedee 11th defense witness

After the testimony of Sayedee's tenth defense witness, Md. Golam Mostofa the eleventh witness came and gave evidence:
My name is Md. Golam Mostofa, Father- Late Mokbul Hossain. Mother- Late Rokeya Begum. Age- 62 years. Address: village- Nolbunia, Police Station- Zianagar, District- Pirojpur. I am a retired teacher.

On 1st October, 1971 during the liberation war an incident has happened to the house of Azhar Ali Hawladar of my village Nolbunia. On hearing a heavy sound I rose up before the Fazar Azan. Then I have gone to the mosque for prayer. Then the people coming at the mosque have started talking among themselves what would be the source of that heavy sound. Then I have gone outside the mosque and gone towards the road beside a pond which was 150 hands away from the mosque. After sometimes I have watched Danesh Ali Molla, Moslem Mawlana, Sikandar Shikdar, Ruhul AMin and Momin are taking the son of Azahar Ali Hawladar whose name was Saheb Ali and his mother with them by tying them up and going towards Parerhat. After 5 to 7 minutes I have watched that- Ayub Ali Choukidar, Kalam Choukidar, Abdul Hakim Munshi, Abdul Mannan, Ashraf Ali are taking the corpse of Ibrahim Kutti- (who was the son in law of Azhar Ali Hawladar) by boat and taking it towards Parerhat. Ashraf Ali’s house was at Lokkhidia, which was beside Tengrakhali, so people used to call that area as a part of Tengrakhali also.

Then some of us had gone towards the house of Azhar Ali Hawladar. Then we saw lot of people in that house and they’re crying. Azhar Ali’s son and wife have been taken away and his son in law Ibrahim Kutti has been killed, Azhar Ali has been physically tortured and we have also seen that Ibrahim Kutti’s wife named Momtaj’s hands are tied up. The people were saying that she has been injured by bullet while Ibrahim Kutti was being killed. Momtaj has also told the same thing. Then we have returned from that place. Then at the afternoon we have heard that- Saheb Ali and his mother have been taken to the Pirojpur Army Camp by the Razakars. Then on the next day we have heard that- Saheb Ali’s mother Setara Begum has returned but Saheb Ali has been killed at Pirojpur. Then I have heard that- after the liberation Momtaj Begum has filed case for the killing of her brother and husband. That plaint has been sent to the Police Station afterwards and has been counted as the FIR. I have seen the copy of the FIR which has been shown by the son of Mr. Sayedee named Masud Syedee. [Then he has submitted the relevant documents before the Tribunal].

Mr. Delwar Hossain Sayedee was not involved in any kinds of Crimes against Humanity in 1971.

This is all my statement.
Cross Examination then began by Syed Haider Ali
Prosecution: Do you have any children?

Witness: I have three sons and three daughters.
During his testimony, he exhibited the original copy of Momtaj’s FIR but Haider Ali, the prosecutor, objected saying that he could not exhibit it as he did not collect it personally and he is not even the maker of it - the maker of the document is not a witness of this case. After a discussion the judges allowed the document to be exhibited.
Then Ahsanul Haque, defence counsel for Salauhddin Quader Chowdhury has prayed before the Tribunal that as his case has been placed at the last number of the list, he is not apprehending any chance that- he will get the chance to conduct the case today. So he prayed for an adjournment before the Tribunal and the Tribunal has granted that and said we will hear you on 14th October, 1971. ]

Chairman: The Tribunal is adjourned till 2 P.M

After the adjournment, the cross examination continued.
Haider Ali: Did you inquire about the sound that you heard that night?

Golam Mostofa: I woke up hearing the sound, after that I went to the mosque. I didn’t inquire about the sound then.

Haider Ali: When did you come out from the mosque?

Golam Mostofa: When we come out from the mosque the east sky was getting light.

Haider Ali: How much time it took to reach the bank of the canal after leaving mosque?

Golam Mostafa: It took approximately 40/45 minutes to reach the bank of the canal.

Haider Ali: Was there any hospital in Parerhat then?

Golam Mostafa: No, there was no hospital in Parerhat then, not even now.

Haider Ali: Were you the first to enter in Ajahar Ali Howlader’s house?

Golam Mostofa: No, before we entered in Ajahar Ali Howlader’s house many people were there.

Haider Ali: Who came in Ajahar Ali Howlader house?

Golam Mostofa: Prior to me who came and gone I don’t know but I can say about them those whom I saw.

Haider Ali: How many sons did Ajahar Ali have?

Golam Mostofa: I don’t know the exact number but I know 4 or 5 of them.

Haider Ali: How far is Ajahar Ali’s house from Ibrahim Kutti’s house?

Golam Mostofa: About 1½ or 2 kilometers from Ibrahim Kutti’s house.

Haider Ali: How many cases are there are against your daughter?

Golam Mostofa: My younger daughter Tania Akter, against her there was a case but she got released.

Haider Ali: Against her there was a case of militant activities.

Golam Mostofa: It’s not true.

Haider Ali: You are involved with the political party Jamat-e-Islam.

Golam Mostofa: Yes, it’s true.

Haider Ali: You are the secretary general of Jamat-e-Islam of Pirojpur Union Council.

Golam Mostofa: Yes, it’s true.

Haider Ali: How much have you studied?

Golam Mostofa: I appeared in BA (Bachelor of Arts) examination but unable to pass.

Haider Ali: When did you pass HSC examination?

Golam Mostofa: In the year of 1973.

Haider Ali: What is the name of your district when you passed SSC examination?

Golam Mostofa: Then also its name was Pirojpur.

Haider Ali: What was the prior name of Pirojpur?

Golam Mostofa: Bakergonj.

Haider Ali: You attended many meetings and processions against the arrest of Delwar Hossain Saidee?

Golam Mostofa: Not many, only one protest procession against his arrest I attended.

Haider Ali: On behalf of Jamat-e-Islami in union council level was there any statement against the case of Delwar Hossain Saidee.

Golam Mostofa: I could not remember at this moment.

Haider Ali: Did you see any report published in any newspaper regarding this case?

Golam Mostofa: I could not remember right at this moment.

Haider Ali: From 1st January of 2010 how many suits have been filed against you?

Golam Mostofa: 4 suits. Among them one is dismissed. Among the rest of the three, one is complaint of obstructing polices to do their duties; another is complaint of clash with the police and the other is extortion of 50,000 thousand taka from the pocket of an Awami League worker.

Haider Ali: How many people are condemned as offender on that case?

Golam Mostofa: 41 people.

Haider Ali: When did you attend Jamat-e-Islam?

Golam Mostofa: I attended in Jamat-e-Islam in the year of 2009.

Haider Ali: Where is your house?

Golam Mostofa: My house is beside the Parerhut road.

Haider Ali: Did you give money to Delwar Hossain Saidee for competing election?

Golam Mostofa: No, I didn’t give him money.

Haider Ali: You gave Saidee 10,000 taka in 2008.

Golam Mostofa: It’s not true.

Haider Ali: You were against the inspiration of freedom fight at the period of our liberation war.

Golam Mostofa: It’s not true, rather the family of Benimadhod Saha (resident of Parerhut) took shelter in my house.

Haider Ali: Why did they take shelter?

Golam Mostofa: In fear of Pakistani Army and Rajakar.

Haider Ali: In exhibit- A, is there any mention of taking people named Saheb Ali Hawlader allies Shahabuddin ?

Golam Mostofa: I could not say anything about this without looking at the exhibit.

Haider Ali: The exhibit which you produced today and the thing which was submitted prior are not same.

Golam Mostofa: I don’t know because I have no idea what was submitted in the court previously.

Haider Ali: In the photocopy of Jabeda that you submitted in the court, there were 2 words which are crossed us but there were no such initials.

Golam Mostofa: I don’t know who submitted this?

Haider Ali: Who and when prayed for the presentation of exhibit 1?

Golam Mostofa: I don’t know.

Haider Ali: How did you get this?

Golam Mostofa: Saidee’s son Masud Saidee gave it to me.

Haider Ali: From whom did he get it?

Golam Mostofa: I don’t know. May be Masud Sayedee know it.

Haider Ali: That exhibit was forged.

Golam Mostofa: It’s not true.
That was the end of the cross examination then I.O. of Golam azam’s case Mr. Motiur Rahman produce some seizure list and court gave the exhibit numbers. The numbers were from 520-523.

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