26 Nov 2012: Azad trial 1st and 2nd witness

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

Following charge-framing of the Abul Kalam Azad, this was the first day of the trial of Kalam Azad, also known as Bachchu.

Before the witnesses started, the lawyer Advocate Shahidur Rahman made a short statement. He started with a statement about the history of the 1971 war in Bangladesh. Today’s case is not politically harassment. This is just because of such a crime against humanity. No one is superior before law. Everyone equal before rule of law, and this will make an example in the world today’s proceedings. Hence your lordship made formal charge under section-2 of 1973 against Maulana Abul Kalam Azad alias Bachchu. Investigation officer had completed proper investigation and applied to chief prosecutor and chief prosecutor made application to honorable tribunal and tribunal gave order for arrest. Since that time to till now he is absconded due to this reason it could not be possible to arrest him. In addition to this all statements of prosecution witness and related to all documents have been submitted to this tribunal. He committed crimes under section-3(2) of ICT Act. Enough documents have been submitted against his charge. In addition to this, prosecution has able to prove the case under section 10(1) d.

Then the first witness, Nepal Chandra Pathak, took his oath

Prosecution: Your name and address please.

Witness: Nepal Chandra Pathak, son of late Kalidash Pathak, village-Nidhipur, P.S.-Boalmari and district, Faridpur.

Prosecution: What is your age?

Witness: 60 Years old.

Prosecution: What are you doing now?

Witness: I am a farmer.

Justice Obaidul Hasan: are you freedom fighter?

Witness: Yes I am a freedom fighter.

Prosecution: Can you say something about 1971?

Witness: On 14th May in 1971 at 10am I went to the house of Zaminder Sri Sudhangshu Mohon Ray at Kolaran. My elder brother Haran Chandra Pathak had served as a daily Pujari at this house. I went there to collect money from my brother. When I went there I saw Zaminder Sri Sudhangshu Mohon Ray, his 2 sons one Monimoy Ray alias Kestho and Binoy Ray and Nonibala wife of Sudhangshu and Minoti Rani wife of Monimoy Ray and others.

… I talked with my brother then 10/12 people suddenly entered in that house with 303 Rifle. Bachchu Razakar alias Maulana Abul Kalam Azad had pulled Mr. Sudhangshu’s hand and said Babu [old man] come here. In that situation his wife, sons were crying and touching with Mr. Azad’s leg. They requested to him to leave the Babu and said whatever you want we will give you that. However he ignored them and had taken the Babu to the road in the west direction from the house. Then we followed him, and then he put his Rifle up and said if you are come then I will shoot all of you. Then we stand on the road. Monimoy was also taken with Sudhangshu Babu.

Probably some distance away, we saw that Bachchu Razakar had taken some expensive rings with expensive stones from the Sudhangshu Babu. Then Bachchu Razakar had indicated for them to go home. When they started their journey for home then Bachchu Razakar shot Babu with 303 Rifle in Babu’s back and bullet came out from his belly. Then his son was crying screaming his father name. Then a friend of Razakar Bachchu another Razakar said you also be sent with your father and he shot him and Monimoy was injured in his right leg. Keshtho’s right leg had been broken and he fallen down in to a dig. Then Razakar Bachchu and his followers had gone. After that, I, my brother and Binoy Ray and many neighbors had taken the dead body of Sudhangshu Babu; someone among from us had taken injured Keshtho. When we had reached home then we gave treatment to Keshtho through a village doctor from the Chotul village. Then after we had completed the funeral ceremony by Hindus norm.

Prosecution: Where is your brother?

Witness: He is dead.

Prosecution: Then what happens after the incident?

Witness: Then after such incident, Bachchu had come to our village Hasamdia and entered our house and set on fire to house and burnt looted and killed. Then they had committed looting at Ram Kanai Shah’s warehouse of Moyendia Bazar, after that the ware house was set on fire.

Prosecution: Is Maulana Abul Kalam Azad alias Bachchu present at this tribunal?

Witness: No he is not present, if he has presented I recognized him.

Prosecution: Have you given the statement to I.O.?

Witness: Yes.

Then the cross examination started conducted by Sukkur Ali Khan.

Defence: What was your age in 1971?

Witness: In 1971 my age was 18/19 years old.

Defence: What did you do in 1971?

Witness: I was a farmer.

Defence: You lived at Boalmari Police Station in 1971?

Witness: Yes.

Defence: Did you recognize Abul Kalam Azad?

Witness: Yes.

Defence: How can you recognize him?

Witness: He was lived beside my village and we made shopping at the same market.

Defence: In 1971 present Salta Police station under which Police station?

Witness: Nagorkanda police station.

Defence: In 1971, Abul Kalam Azad lived at village-Kharadia under Nagorkanda police station.

Witness: It is true.

Defence: Where he had studied can you say that?

Witness: He was a student of Rajendrapur College, but in what subject I can’t say.

Defence: Had you personal relation with Abul Kalam Azad?

Witness: Before 1971 I talked with him, I had introduction with him personally. He had done Muslim League politics.

Defence: In what stage he was leader?

Witness: I can’t say.

Defence: Where were you asked questions by I.O.?

Witness: At Kolaran village, Sudhangshu Babu’s house.

Defence: Have the written your statement by I.O.?

Witness: He has written on a machine and read out before me.

Defence: Who was the commander of Razakar Bahini of Boalmari and Faridpur?

Witness: I can’t say that.

Defence: How many Razakar was under Bachchu?

Witness: I can’t say that.

Defence: When Pakistan Armies had come at Faridpur?

Witness: I can’t remember that.

Defence: They came before such incident or after?

Witness: I can’t say that.

Defence: 10/12 people suddenly entered in that house with 303 Rifle along with Bachchu Razakar alias Maulana Abul Kalam Azad, had you recognized them?

Witness: I had recognized only 2 people; they were Bachchu and his father in law Chan Kazi.

Defence: Mr. Bachchu was not married at that time?

Witness: It is not true.

Defence: Have you seen that Bachchu had killed Sudhangshu?

Witness: Yes I saw.

Defence: Pakistan Armies had killed Sudhangshu not Bachchu?

Witness: It is not true.

Defence: Have you recognized who shot Keshtho?

Witness: No.

Defence: Had you seen that there was a fire at Hasamdia and Moyendia Bazar?

Witness: I heard.

Defence: You never said this to I.O.

Witness: It is not true.

Defence: You did not mention to I.O. that ‘On 14th May in 1971 at 10am I went to at the house Zaminder Sri Sudhangshu Mohon Ray at Kolaran. My elder brother Haran Chandra Pathak had served as a daily Pujari in such house. I went there to bring money from my brother. When I went there I saw Zaminder Sri Sudhangshu Mohon Ray, his 2 sons one Monimoy Ray alias Kestho and Binoy Ray and Nonibala wife of Sudhangshu and Minoti Rani Wife of Monimoy Ray and so on.’

Witness: I did.

Defence: You did not mentioned to I.O. that ‘Then we followed him then he put his Rifle up and said if you will come then I shot all of you.

Witness: I did.

Defence: I have suggested that you never went to Mr. Sudhangshu house and your elder brother was not present there and Maulana Abul Kalam Azad alias Bachchu with his armed followers did not enter that house or never killed to Mr. Sudhangshu or never made such incident, you made false statement.

Witness: It is not true.

Then the second witness, Josna Rani Dash was called

Prosecution: Your name and address please.

Witness: My name is Josna Rani Dash, wife of-martyr Chittoronjon Dash, age-probably 65 years, village-Fulbaria, police station-Nagorkanda, District-Faridpur.

Prosecution: Where did you live in 1971?

Witness: I lived at before mentioned address.

Prosecution: Can you remember the incident in 1971?

Witness: In 1971, on 19th Joistho (bengonli month) Bachchu Razakar had come by 2 boats with armed 20/25 people among of them, 8/9 people had entered my house with Bachchu and rest of the people had looted other house. When they entered my house, Bachchu Razakar had caught my husband Chittoronjon Dash and he held him and started a fight with him and they looted my ornaments and other stuffs.

Then after I went to help my husband, Bachchu Razakar pushed me and he had taken my husband from our house by pulling his hand. He had taken him 150 hands way [a measure of distance] across under the Pitti Gach (Neem Tree) and killed him by shooting.

After half an hour, Bachchu Razakar killed Badol Debnath at the east side road of my house. Then Bachchu Razakar and his followers had thrown my husband dead body with a rope on his legs into Kumar river. When I can’t trace my husband’s dead body, after 3/4 days I took shelter at Malek Bepari House and I stayed at that house for 10/15 days. Then after that I took shelter at India Kollani camp with my 3 children. Those times many Hindu families also had gone to India from such area. My children’s uncle also had gone to India. I went behind them with my 3 children, when I was pregnant. My 3 children died from Diarrhea. My 4th child was born at Kollani camp on 28th December in 1971, and then I came back to Bangladesh.

Prosecution: Is Maulana Abul Kalam Azad alias Bachchu present this tribunal?

Witness: No he is not present, if he has presented I would recognize him.

Prosecution: Have you given the statement to I.O.?

Witness: Yes.

Prosecution: Anything more?

Witness: I want justice.

Cross examination by Sukkur Ali Khan took place

Defence: Had you recognized Bachchu and how?

Witness: Mr. Bachchu was resident of Khardia village and he was roaming around my house - due to this reason I recognized.

Defence: In 1971 what had he done?

Witness: Before in 1971 what he had done I can’t say that but in 1971 he had done looting, killing and so on.

Defence: Bachchu had not entered your house with such people.

Witness: It is not true.

Defence: In that time what he was wearing, had he got the beard?

Witness: He was wearing Panjabi but he had did not have much of a beard.

Defence: 8/9 people had entered your house with Bachchu and rest of the people had looted other house. Actually among of them Bachchu was not present.

Witness: It is not true.

Defence: Have you seen the killed Badol Debnath?

Witness: I saw.

Defence: You did not recognize the Bachchu Razakar, and your husband was killed by Nogorkanda Razakar not Bachchu and Maulana Abul Kalam Azad was not a student of Rajendrapur College, he never went to your house and he was not any political member and he never killed your husband.

Witness: It is not true.