19 Dec 2012: Azad trial 22nd witness continued

(These are not official transcripts but notes taken of the proceedings.)

In the trial of Abul Kalam Azad, the cross examination of the investigation officer (who gave evidence on the previous day) took place by the defence counsel, Abdus Sukur Khan. [Nb: First five questions took place on 18th]

Defence: How old were you were during liberation war and what did you use to do at that time?  

Witness: My age was 9 or 10 years and I was student of class three at that time.  

Defence: In which year did you join in Police Department?  

Witness: In 1988 as Sub-Inspector.  

Defence: Where did you take training of police?  

Witness: In Sarda Police Academy.  

Defence: How many years or months was your training period?  

Witness: One year at Sarda.  

Defence: How many months did you take training of arms?  

Witness: Three months and rest nine months was for physical exercise and departmental study

Defence: By reading which books and newspapers have you understood that Maolana Abul Kalam Azad Alias Bachchu was involved with crimes against humanity during 1971?

Witness: “Muktijudde Brihottar Faridpur (Greater Faridpur during freedom fight)”, “Muktijuddo o Nari (Freedom Fight and Women)”, “Associates of Pakitani Army” and upon the basis of news of “”Daily Janakontha” and “Daily Samakal”.

Defence: Did you read any newspaper published from Dhaka during Liberation War?

Witness: Yes, Daily Sangram , Daily Sangbad and Daily Azad.

Defence: You did not submit those newspapers in the Tribunal, am I right?

Witness: Yes.

Defence: There is no proof of crime against humanity of Abul Kalam Azad Alias in the book of “Muktijudde Brihottar Faridpur (Greater Faridpur during freedom fight)”, is it true?

Witness: This is not true.

Defence: In which date did you go to Faridpur Rajendra College for examining the educational qualification of Abul Kalam Azad Alias Bachchu?

Witness: I have known his educational qualification by letter but went Rajendra College at 28-08-2012 for collecting information about Abul Kalam Azad Alias Bachchu.

Defence: Did you know by letter that Abul Kalam Azad Alias Bachchu took admission in Eleven Class at 1970?

Witness: Yes.

Defence: Did Abul Kalam Azad Alias Bachchu continue his study in Rajendra College after liberation war?

Witness: Though he took admission in Rajendra College at 1970 but did not continue his study after liberation war. Afterwards he passed H.S.C as private examinee.

Defence: Did you know about his childhood and school or Madrasah life from any people of his village?

Witness: I have known his Madrasah life but not from any people of his village.

Defence: In which date was Faridpur Volunteer Rajaker Force formed?

Witness: On the first week of May 1971for helping Pakistani army.

Defence: In which date was Faridpur Rajaker Force formed formally?

Witness: After publishing the gazette of Rajaker Ordinance.

Defence: Abul Kalam Azad Alias Bachchu was not Commander of Volunteer Rajaker Force or Al-Badar, is it true?

Witness: This is not true.

Defence: From which date to until which date did Volunteer Rajkers of Faridpur take training?

Witness: I have found in investigation that after entering of Pakistani army into Faridpur, Volunteer Rajakers took training in operating arms at Police Line, Ambika Hall and Stadium.

Defence: How many days was that training of?

Witness: Short Training.

Defence: Maolana Abul Kalam Azad Alias Bachchu did not take any training of operating rifle, also he had no rifle and he did not use to know how to operate rifle, is it true?

Witness: This is not true.

Defence: whether Abul Kalam Azad Alias Bachchu was member of Jamaat Islami or of Islami Chatra Sanga?

Witness: He was member of Islami Chatra Sanga which was associate organization of Jamaytee Islami.

Defence: Did Abul Kalam Azad Alias Bachchu become arrested after liberation war?

Witness: Yes.

Defence: Was Bachchu barrested under Collaborators ordinance?

Witness: He was arrested once at 1972 but we did not get any documents from D.C office about this.

Defence: Was any case filed against Abul Kalam Azad Alias Bachchu under Dalal Ain (Collaborators Act)?

Witness: I have heard it but did not get any documentary evidence of it.

Defence: For not investigating properly and not examining the documents and information sent by Faridpur Police Super and D.C, you could not explain the educational qualification of Abul Kalam Azad Alias Bachchu properly, is it true?

Witness: This is not true.

Defence: Abul Kalam Azad Alias Bachchu was not Al-Badar Commander of Faridpur but it was Shamsuddin Nannu, is it true?

Witness: This is not true.

Defence: Abul Kalam Azad Alias Bachchu was not involved those charges brought by you, is it true?
Witness: This is not true.

Defence: P.W.1 (Nepal Chandra Pathak) did not say to you that “Then he and his brother followed Bachchu, after sometime Bachchu hands up with Rifle and said if you come, I will shoot all of you”, am I right?

Witness: He did say exactly like this but said “We saw a lot of people in the house of Sudangsu Babu and we followed Bachchu, then Bachchu showed us fear”.

Defence: P.W.3 Md. Mojaher Sikder did not say to you that “when I went there I saw Zaminder Sri Sudhangshu Mohon Ray, his 2 sons one Monimoy Roy alias Kestho and Binoy Ray and Nonibala wife of Sudhangshu and Minoti Rani Wife of Monimoy Ray and Nepal Chandra Pathak of Nidhipur and so on” or “They were seeing out the house or When they started to their journey for home then Bachchu Razakar shot Babu with 303 Rifle in Babu’s back and bullet came out from his belly” or “Then his son was crying screaming by his father name” or “Then a friend of Rzakar Bachchu another Razakar said you also be send to your father and he shot him and Monimoy was injured in his right leg” or “Keshtho’s right leg had been broken and he fallen down in to a ditch” or “Then after Bachchu and his followers went to west direction, then we run and reached there” or “Then after we had completed the funeral ceremony by Hindus norm. Sudhangshu Babu’s dead body was buried at his house Mandir which was situated on the North West corner beside his house” or “now there a memorial tomb was established” am I right?

Witness: He did not say exactly like this but said that “I saw that Bachchu Rajker was going to the house of Sudhansu Mohon taking his associates, then I followed them. After entering into the house of Sudhangsu Babu, Bachchu Rajaker brought him and his son Monimoy out of the house forcibly by confining, and I also saw that during the time of returning, Bachchu Rajaker killed Sudhangsu by shooting with his rifle which was in his hand from his back side.

Defence: You did not investigate properly, did not go to the place of occurrence and Bachchu was not Rajaker at any time, he did not take training of operating arms and also he was not Commander of Al-Badar, which charge-sheet you have given by involving Abul Kalam Azad Alias Bachchu, is baseless, and if you investigated properly, you would not give charge-sheet against Abul Kalam Azad Alias Bachchu by involving him with those described charges, is it true?

Witness: This is not true.

 Judge Shahinur Islam: Mr. Defense Counsel, Could you collect any defense witness?

Defence: No My lord because family of Abul Kalam Azad Alias Bachchu is not cooperating me in this regard.

Then Justice Obaidul Hassan has passed an order about fixing the date of argument.

 Prosecution Witness has been closed today. As per section 9(5) of International Crimes Tribunal Act-1973, Defense Counsel has failed to produce any witness or documents in favor of his client because accused is absconding and his family is not cooperating Defense Counsel to supply any document or witness. In this circumstance, this case has been fixed for argument on 23rd December 2012.