27 Nov 2012: Kamal Azad trial, 3rd, 4th, 5th witness

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

Following on from the previous day, the trial of Abul Kalam Azad continued.

The third witness in the case came to the front of the tribunal and took his oath

Prosecution: Your name and address please.

Witness: My name is Md. Mojaher Sikder, son of late Abdul Gani Sikder, village-Kolaron, P.S.-Boalmari and district-Faridpur.

Prosecution: What is your age?

Witness: 65 Years old.

Prosecution: What are you doing now?

Witness: I am a farmer.

Prosecution: What was your age in 1971?

Witness: Probably 25 years old.

Prosecution: Can you say something about 1971?

Witness: In 1971 on 14th May at 2.30/3.00 pm, 10/12 people were going to east direction beside the road of my house and everyone carried a Rifle. I recognized one person among from them who was Abul Kalam Azad alias Bachchu. I recognized him because we studied at “Bahirdia Kaomi Madrasa” together. When he had passed he said to me that, ‘we had taken training from Faridpur and brought Rifle, and we regulate the Country.’

I also followed them, and in this way one time they went to Zaminder Sudhangshu Babu House. I also was present here. They called the Sudhangshu and his son Monimoy Ray alias Kestho Babu from their building and brought them 200 yards away. I was little bit far away from them.

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 Nepal Chandra Pathak of Nidhipur and so on. They were lloking out the house. When they went to west direction, they were talking with Sudhangshu but I could not hear that. However I was seeing what happened.

I saw Monimoy was also taken with Sudhangshu Babu. Probably 25 hands across us [distance] saw that Bachchu Razakar was wearing some expensive rings with expensive stone taken from the Sudhangshu Babu. Then Bachchu Razakar indicated and said to them to go home. 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. Then his son was crying screaming by his father name. Then a friend of Razakar Bachchu another Razakar said you also will be sent to 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 ditch. Then after Bachchu and his followers went to west direction, then we run and reached there.

After that, I, Nepal Chandra Pathak and Binoy Ray and many neighbors had taken dead body of Sudhangshu Babu; someone among from us had taken injured Keshtho. When we had reached home then we gave Keshtho treatnment by a village doctor from the Chotul village. 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. Now there a memorial tomb was established.

Prosecution: Anything more?

Witness: In 1971 Razakar Bachchu and his followers with Pakistani soldiers had committed many crimes in his own area. They had set on fire and burnt houses and raped. I heard Pakistani had entered Faridpur. Many Hindus escaped due to fear of Razakar and Pakistan soldiers.

Judge Shahinur Islam: do you know when Pakistan soldiers had entered at Faridpur?

Witness: No.

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

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

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

Witness: Yes.

Cross examination then took place

Defence: How long did you both together studied at “Bahirdia Kaomi Madrasa”?

Witness: Near about one year.

Defence: When did you both together studied at “Bahirdia Kaomi Madrasa”?

Witness: I can’t remind.

Defence: What was your age?

Witness: Probably 12/13 years old.

Defence: Had he studied anywhere after the Madrasa?

Witness: I can’t say that.

Defence: Do you know Abul Kalam Azad was a student of Rajendra Pur College of Faridpur?

Witness: I don’t know.

Defence: Do you know Razakar and peace committee was constituted after the coming of Pakistan Armies at Faridpur?

Witness: I don’t know.

Defence: Do you know who constituted Razakar Bahini at Faridpur

Witness: I don’t know.

Defence: Do you know who constituted Razakar Bahini at Boalmari police station?

Witness: I don’t know.

Defence: In 1971 on 14th May at 2.30/3.00 pm, 10/12 people were going to east direction from the east direction beside the road of my house and everyone carried Rifle. Did you recognize such 10/12 people?

Witness: No, except Bachchu.

Defence: How long he had taken training and where can you say that?

Witness: No, but he said he had taken training from Faridpur.

Defence: Maulana Abul Kalam Azad alias Bachchu and his followers had not any Rifle.

Witness: It is not true.

Defence: Maulana Abul Kalam Azad alias Bachchu and his followers did not constitute Razakar Bahini and never took any training and they had no arms.

Witness: It is not true.

Defence: How often did you met with Abul Kalam Azad?

Witness: We met each other one time in 6 months or one year after the study.

Defence: You know he was a student of Rajendra Pur College of Faridpur but you give false statement.

Witness: It is not true.

Defence: He did not know have access the Rifle and he had not killed to Sudhangshu Babu.

Witness: It is not true.

Defence: Where you had given statement to I.O.?

Witness: At Sudhangshu Babu’s house.

Defence: When you had given statement then has he written this?

Witness: Yes.

Defence: you did not say to I.O. that, ‘when I went there I saw Zaminder Sri Sudhangshu Mohon Ray, his 2 son one Monimoy Ray 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 looking 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.’

Witness: I said.

Defence: What was your education medium when you studied at Madrasa?

Witness: Arabic, Farsi, Urdu but not Bengali.

Defence: Do you know Urdu?

Witness: Yes I know.

Judge Shahinur Islam asked him, had your friend Abul Kalam Azad known Urdu?

Witness: yes he also known.

Defence: In 1971 Bachchu Razakar and his followers with Pakistan Armies had committed many offences in his own area. Have you seen that?

Witness: No I heard.

Defence: Where from you heard?

Witness: I heard from different people at market.

Defence: You never met with Abul Kalam Azad on 14th May in 1971?

Witness: It is not true.

Defence: You made false witness.

Witness: It is not true.

The forth witness, Dhola Matabbar then gave his evidence.

Prosecution: Your name and address please.

Witness: My name is Dhola Matabbar, son of-late Abdul Aziz Matabbar, age- 61 years, village-Fulbaria, police station-Nagorkanda, District-Faridpur.

Prosecution: What was your occupation in 1971?

Witness: Farmer.

Prosecution: Can you remember about the incident in1971?

Witness: In 1971, on 19th Joistho (bengonli month) at 11am. I went to Fulbaria Bzaar from my house. In the middle of my journey, I heard crying sound from Chittaranjan house. Then I went to the house and saw Bachchu Razakar and his followers were fighting with Chittaranjan Das. Bachchu Razakar had brought him beside the land of his house and under the Pittiraj tree. Bachchu Razakar killed him by shooting. Then I moved from that place for fear. I heard from the people they also looted in Chittaranjan house. After that I heard the dead body of Chittaranjan had been thrown in the river by binding rope. I also heard that, Bachchu Razakar and his followers looted. I heard Bachchu Razakar killed Badol Debnath. After that the incident 200 Hindu families had gone to India by fear of Razakar and Pakistani. Chittaranjan’s wife had also gone to India.

Defence: Can you say her name?

Witness: I can’t say.

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

Witness: No he is not present, if he had been present I would recognized him.

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

Witness: Yes.

Cross examination then took place

Defence: What was your age in 1971?

Witness: 19 years old.

Defence: Have you recognized Maulana Abul Kalam Azad?

Witness: I have recognized him. His house is 4km away from my house. In 1970 I saw he was meeting with people at Fulbaria Bazaar.

Defence: Abul Kalam Azad was in which political group?

Witness: I heard, he was doing politics but which group I can’t say that.

Defence: When and how Razakar Bahini and peace committee was constituted and by whom?

Witness: I can’t say.

Defence: Abul Kalam Azad was a student of Faridpur Rajendra College.

Witness: I don’t know.

Defence: Who were going with you at Fulbaria Bazaar?

Witness: I was alone.

Defence: Anyone else except you saw the Abul Kalam Azad had killed the Chittaranjan Das?

Witness: Chittaranjan’s wife, Harun Molla, Nogen Mondal, Zaku Kazi and so on.

Defence: What did you see at Chittaranjan’s house?

Witness: Chittaranjan’s house was totally destroyed.

Defence: Many Hindus had gone to India by whose fear?

Witness: Razakar and Pakistani armies.

Defence: Where you have given statement to I.O.?

Witness: At Chittaranjan house.

Defence: Have I.O. written and made you understand by reading out?

Witness: Yes.

Defence: You never heard crying sound from Chittaranjan house?

Witness: It is not true.

Defence: I have suggested that you never went to Fulbaria Bazaar and you never saw Abul Kalam Azad alias Bachchu killed the Chittaranjan and committed loot there.

Witness: It is not true.

Ranjit Kumar Nath alias Babu Nath, the fifth witness in the case of Kamal Azad came to the front of the court to given evidence. The prosecutor, Shahidur Rahman asked the questions.

Witness: Ranjit Kumar Nath alias Babu Nath

Prosecutor: Say your name and address?

Witness: My name is Ranjit Kumar Nath alias Babu Nath, my father name is Rames Chandra Nath. Vill: Goaalchamat Rathkhola, P.S. Kutwali, Faridpur.

Prosecutor: Are you a freedom fighter?

Witness: Yes.

Prosecutor: How old were you during 1971?

Witness: 21\22 years.

Prosecutor: What was your profession during liberation war in 1971?

Witness: I was farmer.

Prosecutor: Where did you live during liberation war in 1971?

Witness: In this address which I have described here.

Prosecutor: Tell to Tribunal what you know about the events of liberation war?

Witness: Pakistani army came to Faridpur in 21st April 1971 and took position in the turn of Rajbari road. Ali Ahsan Mohammad Muzahid, Abul Kalam Azad alias Bacchu Rajaker and many other Biharies brought them by welcoming in the yard of Jagatpur where Pakistani Army killed 8 saints (Sadu) and Muzahid and Bacchu Rajaker were in that place during killing them.

Pakistani armies set their camps in Faridpur Zila School, the stadium and Rajendra College. Camp of Rajaker and Al-Bader were set out in the house of Hira Lal Mustak and Ramkrisna Agarwala occupying those. Bacchu Rajaker occupied the house of Ramkrisna Agarwal.

I took shelter on the outskirt of Faridpur town after Pakistani army arrived in Faridpur on April 21, 1971. On the first week of June 1971, I entered into the town to collect information about liberation war.

When I was going to town by passing the shop of Havi Matabbor in East Khabaspur, Havi Matabbar handed over me to Abul Kalam Azad alias Bacchu, Abul Mia and Kalu Bihari terming me as freedom fighter. At that time they beat me there with a rifle and took me to Faridpur Circuit House by rickshaw.

At that time, I saw that Ali Ahsan Mohammad Muzahid, Advocate Afzal, Wahab Mia and some other Rajakers were in meeting there with Pakistani army officer Koreishi. By seeing me, Muzahid told to Abul Kalam Bacchu in Urdu “this brother-in-law is Hindu (malaun) and freedom fighter, take him from here”.

Then Bacchu, Abul Mia and Kalu Bihari blindfolded me and after that they took me to Faridpur Zila School ground and put me under a plum tree. After few minutes I heard that a car had come there and someone from the car said in Urdu “Don’t shoot him, hand him over to Biharis and slit his throat in the morning”. Then they brought me in back side of Basir Bihari’s shop in Bihari colony on Mollah Bari Road.

After that they hanged me upside down in a Kadama tree and Bacchu Rajaker and others beat me up for one hour by rifle and sticks. By their beating, one of my teeth and a bone of my nose were broken. Bringing me down from hanging, they confined me in a room of Rasid Mia’s one storied building. At that time, I was unconscious and my sense only come back after evening. Then a person in the name of Dalil Uddin alias Dolu Mia gave me some rice in a packet and told me “we have nothing to say and do, remember the name of Allah (god)”. At that time, I was very weak and blood was coming from my mouth and nose. Then I think that they will kill me. At the time of 2 am, it came to my mind that if I take the name of “Mother”, I shall get rid of of my fear and I took the name of my mother several times in mind. After that I got back my power in body. I understood by a warning bell that it was 2 am.

Then I started to try breaking the window-bar and one time window-bar came out from the wood, then I twisted the window-bar and brought out my head through window to see if there was anyone in the road. Then I started to try to come out by this window and one time I could come out. Dolu Mia who gave me rice indicated me from his house which was opposite of Basir;s house by hand to go in the road of garden.

After that I came to my house of village in Fulbaria, where my parents were, by crossing the river by swimming. When my co-fighters heard that I had escaped, they brought me to freedom fighters camp in Chaderhat and managed my treatment.

After that I could hear that in associate of Abul Kalam Azad alias Bacchu, Pakistani armies used to catch and bring pro-liberation people from town and villages, and tortured and killed them in Faridpur Stadium. Beside stadium, there was pond and the dead-bodies of killed pro-liberation people were dumped in this pond. This pond is now known as “Killing field”.

Prosecutor: Did you give statement to Investigation Officer?

Witness: Yes.

Prosecutor: Do you know Abul Kalam Azad alias Bacchu and is he in the Tribunal?

Witness: I know him but he is not in this Tribunal.

Then cross-examination of witness is started by Defense Counsel Abdus Sukur Khan.

Defence: In which date did you participate in freedom fight?

Witness: During the middle time of June 1971 but I can’t say the exact date.

Defence: In which camp did you take training?

Witness: In Chanderhat camp of Nagorkanda under supervision of Abdul Aziz.

Defence: In fear of Pakistani army, there were no freedom fighter camp within the country and no training was given to freedom fighter within the country, is it true?

Witness: This is not true.

Defence: Freedom fighters took training in India during liberation war, is it true?

Witness: This is true but also in Bangladesh.

Defence: Where did you participate in freedom fight?

Witness: I was in operation at Nagorkanda police station, in destroying a petrol pump of Jamal and in breaking Pakundia Bridge of Barisal Road.

Defence: Under which Sector did you participate in freedom fight?

Witness: Under Sector no: 8 in supervision of Major Monjur.

Defence: Have you freedom fighter certificate and can you show it now?

Witness: Yes, if court gives me time, I can show my freedom fighter certificate.

Defence: Did you know Abul Kalam Azad alias Bacchu during liberation war?

Witness: Yes.

Defence: Had you talked with him during or after liberation war?

Witness: No but talking happened in time of torturing me.

Defence: Had you personal relation with Bacchu?

Witness: No.

Defence: What did Bacchu do before liberation period?

Witness: He took part in meeting and procession of anti-liberation and studied in Rajendra College.

Defence: With which political party, Abul Kalam Azad alias Bacchu was involved during liberation war?

Witness: With the politics of Muslim League.

Defence: Who was the Convener of Faridpur Peace Committee during liberation war?

Witness: An Advocate, I can’t remember his name in this moment.

Defence: In which area of Faridpur did people of Bihari live and what were their numbers?
Witness: They lived in Mollabari Road of Goalchamat and there were 400\500 Biharis in this colony.

Defence: Pakistani army formed Rajaker force by Biharies, am I right?

Witness: Yes but Bacchu Rajaker was with them and he was the head of Faridpur Al-Badar Force.

Defence: Did Investigation Officer write your statement?

Witness: Yes.

Defence: Was your statement heard by reading to you after writing?

Witness: Yes.

Defence: Abul Kalam Azad alias Bacchu did not occupy the house of Ramkrisna Agarwala but Pakistani army occupied, is it true?

Witness: This is not true.

Defence: Abul Kalam Azad had not any relation with Ali Ahsan Mohammad Muzahid during liberation period, is it true?

Witness: This is not true.

Defence: Muzahid was President of East-Pakistan Islami Chatra Sango and a big leader at that time, am I right?

Witness: Yes.

Defence: Abul Kalam Azad alias Bacchu had not any relation with Ali Ahsan Mohammad Muzahid because he studied in Rajendra College and was not involved with politics, is it true?

Witness: This is not true.

Defence: Bacchu is not involved with any political party now, am I right?

Witness: Yes.

Defence: Where did Bacchu live during liberation war?

Witness: In Faridpur town and, his office was in the house of Ramkrisna Agarwala.

Defence: Abul Kalam Azad alias Bacchu did not live in Faridpur town but in Nagarkanda which is now within Shalda Police Station, is it true.

Witness: This is not true.

Defence: Bacchu was not Rajaker and he did not confine and torture you or what you have said here is false, is it true?

Witness: This is not true.

Defence: Havi Matabbar did not hand over you to Abul Kalam Azad alias Bacchu and Bacchu did not torture you, and what you have said about Abul Kalam Azad alias Bacchu are false and untrue, is it true?

Witness: This is not true.

Defence: You did not say to Investigation Officer that “Pakistani army came to Faridpur in 21st April 1971 and took position in the turn of Rajbari road” which you said in the court, is it true?

Witness: This is not true. I told those to I.O.

Defence: You did not say to Investigation Officer that “Ali Ahsan Mohammad Muzahid, Abul Kalam Azad alias Bacchu Rajaker and many other Biharies brought them by welcoming in the yard of Jagatpur where Pakistani Army killed 8 saints (Sadu) and then Muzahid and Bacchu Rajaker were present in that place during killing them” which you said here, is it true?

Witness: This is not true. I told those to I.O.

Defence: You did not say to Investigation Officer that “that they beat me there with rifle” which you said here, is it true?

Witness: This is not true. I told those to I.O.

Defence: You did not say to Investigation Officer that “By seeing me, Muzahid told to Abul Kalam Bacchu in Urdu “this brother-in-law is Hindu (malaun) and freedom fighter; take him from here” which you have said here, is it true?

Witness: This is not true. I told those to I.O.

Defence: You did not say to Investigation Officer that “At that time, I was unconscious and my sense was come back after evening” which you have said here, is it true?

Witness: This is not true. I told those to I.O.

Defence: You did not say to Investigation Officer that “Then a person in the name of Dalil Uddin alias Dolu Mia gave me some rice in a packet and told me, we have nothing to say and do, remember the name of Allah (god)” which you have said here, is it true?

Witness: This is not true. I told those to I.O.

Defence: You did not say to Investigation Officer that “At the time of 2 am, it came to my mind that if I take the name of “Mother”, I shall get rid of from it and I took the name of my mother several times in mind” which you have said here, is it true?

Witness: This is not true. I told those to I.O.

Defence: You did not say to Investigation Officer that “Dolu Mia who gave me rice indicated me from his house which was opposite of Basir’s house by hand to go in the road of garden” or “after that I came to my house of village in Fulbaria where my parents were, by crossing the river by swimming and when my co-fighters heard that I could come by fleeing, they brought me to freedom fighters camp in Chaderhat and managed of my treatment” which you have said here, is it true?

Witness: This is not true. I told those to I.O.

Defence: Bacchu was not involved in taking pro-liberation people in Faridpur Stadium and torturing them, is it true?

Witness: This is not true.

Defence: Did you see yourself the occurrence of Stadium?

Witness: No, I have heard those.

Defence: Can you say the name of those people from whom you have heard the occurrence of Faridpur Stadium?

Defence: I forgot their name.

Justice A.T.M Fazle Kabir: Next date of this case is tomorrow.