Thursday, January 24, 2013

3 Dec 2012: Azam trial 8th, 9th and 10th witness

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

Following on from evidence of previous witnesses, Advocate Shahidur Rahman , the prosecutor, started to take evidence from the 8th witness, Profullo Kumar Mondal, in the trial of Abul Kalam Azad.
Prosecution: Your name and address please.

Witness: My name is Profullo Kumar Mondal, son of late Rakhal Chandra Mondal, village-Purua Nomopara, P.S.-Saltha (Former Nagorkanda) and district-Faridpur.

Prosecution: What is your age?

Witness: Probably 63 Years old.

Prosecution: What was your age?

Witness: 23 years.

Prosecution: What was your occupation?

Witness: I was a student of BSC final year student at Faridpur Rajendra Govt. College.

Prosecution: What is your occupation?

Witness: I retired as headmaster from Yousufdia High School.

Prosecution: Can you say something about 1971?

Witness: On 16th May in 1971 1st Joistho (Bengali month) at 1 p.m. I was staying at my house. Other people were moving around outside. Suddenly I heard screams. My house is the west side of Jute land, and I saw from there 10/12 armed people had pulled Madhob Chandra Biswash from his house. Madhob was taken by them probably 300 yards away from Tusto sir’s house on the pond side. Abul Kalam Azad alias Bachchu killed him. Such incident was seen by me. After that, south side of our house a village was situated that is Duari Sardar house, where a guest was Ganendro Mondal. Bachchu killed him at same place. Ganendro wanted to escape when seeing Bachchu and his followers. However he failed, Razakars had caught him. After that, 4/5 minutes later Ganendro was killed by Abul Kalam Azad alias Bachchu. I was hidden within a jute land that’s why they could not see me.

Prosecution: Had you recognized Bachchu Razakar?

Witness: When I was a student of Faridpur Govt. Rajendra College, then he was my junior student of my college. In 1970-1971 I had seen Bachchu at that meeting, assembling on behalf of Jamaat Islam. Since that time I recognized him. Bachchu Razakar and his followers had looted and taken away the property of 3 villages including our house.

Prosecution: Why had they done that?

Witness: Abul Kalam Azad alias Bachchu Razakar and his followers had committed  murder, torture, rape, looting and arson on the general public, those who supported independence, Hindus, and those who supported of Awami league.

Prosecution: Then?

Witness: 400/500 Hindus escaped by fear of Razakar.

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.
The cross examination by Sukkur Ali Khan then took place
Defence: What is your date of brith?

Witness: My birth date 02/01/1950 on the basis of my certificate.

Defence: When did you pass BSC and which month?

Witness: In 1971. Which month I can’t rememberthat.

Defence: Have you got any further degree?

Witness: I had taken BAD degree in 1980-1981.

Defence: When did you join the teaching profession?

Witness: In 1972 1st June at first I had joined the teaching profession as an Assistant Science teacher at Joyjhap High School.

Defence: When did you start the Headmaster job?

Witness: In 1976 at first I was Assistant Headmaster then I was promoted to Headmaster in 1979.

Defence: How long you had your job?

Witness: 38 Years, on 02/1/2010 I was retired .

Defence: How far away from your house to Maulana Abul Kalam Azad alias Bachchu’s house?

Witness: 4 k.m. away in south direction.

Defence: You knew him because of both of you were students of same college.

Witness: Yes.

Defence: Before that had you recognized him?

Witness: Yes I recognized him because he had done meetings.

Defence: He was not active with Jamaet Islami.

Witness: It is not true.

Defence: When Pakistani had come at Faridpur?

Witness: On 21st April in 1971.

Defence: Where you were on that day?

Witness: At Faridpur town.

Defence: When Peace committee was constituted?

Witness: I cant say but probably 4/5 days after the Pakistani armies had come.

Defence: Peace committee was constituted by whose lead?

Witness: I heard Advocate Afzal.

Defence: How many members was that group?

Witness: I heard 28 but I can’t say their name.

Defence: When Razakar Bahini was constituted?

Witness: I heard 10/120 days later. Bachchu was commander of Razakar Bahini.

Defence: On 2nd August in 1971 former Govt. passed ordinance for establish Razakar Bahini.

Witness: I don’t know.

Defence: Hence on 2nd August in 1971 Razakar Bahini constitution was allowed by former Govt, so the claim that Razakar Bahini was constituted at Faridpur before that, it is false.

Witness: It is not true.

Defence: Maulana Abul Kalam Azad alias Bachchu had no relation with Razakar Bahini.

Witness: It is not true.

Defence: He had not taken any arms training or he could not access the arms.

Witness: It is not true.

Defence: Everyone escaped by the news of Razakar Bahini entered to the house.

Witness: All escaped except some people.

Defence: You also escaped with them.

Witness: It is not true.

Defence: You had hidden within a jute field; anything that is inside a jute field can't be seen from the outside

Witness: Yes.

Defence: You also did not see the outside from the jute field.

Witness: It is not true. I saw.

Defence: On 16th May in 1971, he did not go to your Madhob Chandra house and did not kill Madhob Chandra and Ganendro Mondal.

Witness: It is not true.

Defence: Maulana Abul Kalam Azad alias Bachchu was student in what group, can you say that?

Witness: Probably Humanities group.

Defence: When Maulana Abul Kalam Azad alias Bachchu had completed his SSC and from where?

Witness: I don’t know when he passed SSC but I heard he had studied at Bahirdia Madrasha for one year.

Defence: When he had studied at Rajendra College then he got beard?

Witness: No.

Defence: When you made your statement to I.O.?

Witness: In 2011, but can’t remember the date.

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

Witness: At Madhob Chandra house.

Defence: Has he written and read out before you.

Witness: Yes.

Defence: You did not say to I.O. that after that, ‘4/5 minutes later Ganendro was killed by Abul Kalam Azad alias Bachchu’ or ‘I was hidden within a jute land that’s why they could not see me’ or ‘in 1970-1971 I had seen Bachchu that meeting on behalf of Jamaet Islam’ or ‘Since that time I recognized him or Bachchu Razakar and his followers had looted and taken away the property of 3 villages with our house.’

Witness: I said.

Defence: I am suggestin that Abul Kalam Azad alias Bachchu had no relation with Razakar or he could not access any arms because he had not taken any training or he did not come to your village and did not kill to Madhob Chandra and Ganendra. You made false witness against to him.

Witness: It is not true.
The ninth witness, Nogen Chandra Mondal came to the front of the court and gave evidence

Prosecution: Your name and address please.

Witness: My name is Nogen Chandra Mondal, son of late Deben Chandra Mondal, age-probably 72/73 years, village-Fulbaria, police station-Nagorkanda, District-Faridpur.

Prosecution: Where did you live in 1971?

Witness: I lived at before mentioned address.

Prosecution: What is your occupation?

Witness: I was a businessman of betel-leaf; I have a betel-leaf Boroj (boroj means land of betel-leaf, where produce betel-leaf by help of jute-stalk)

Prosecution: Can you remember the incidents in 1971?

Witness: In 1971, on 19th Joistho (bengonli month) probably 11am, 100 yard away in east from my house there is a river and Bakhardia’s Bachchu had come in 2 boats. Probably 30 people were with him. 8/10 people among of them had entered Chittaranjan’s house with Bachchu and rest of the people were roaming the whole village. Chittaranjan Dash’s house had both east and west sided door. Bachchu had rifle and other people had iron rod. Under  leadership of Bachchu razakar and his followers, they committed loot by taking away money, gold, rice-wheat and reached to boat with such things. Then I was hidden at my Betel-leaf land. When they came out by looting then Chittaranjan said to Bachchu that, “Dada you have taken away all things are of mine now what about my children.”

Then Bachchu asked him is this your house? Chittaranjan agreed with him. At that time he bound Chittaranjan’s hands. His wife Josna had come to rescue him then Bachchu pushed her. Then after, Bachchu Razakar had taken Chittaranjan out their house by pulling his hand. He had been taken away 150 hands [distance] across under the Pitti tree (One kind of wood Tree) and Bachchu killed him by shooting.

After the half an hour, Bachchu Razakar killed Badol Debnath at the east side road of Chittaranjan’s house. I saw such incidents with my owneyes (eye-witness). Then Bachchu Razakar’s followers had broken many houses and looted my house.

Prosecution: Then?

Witness: I had not gone to India but Chittaranjan’s family and many people had taken shelter of India. Maulana Abul Kalam Azad alias Bachchu was friend of Pakistan armies.

Prosecution: How did you recognize Mr. Bachchu?

Witness: Yes because in 1970-1971, I had brought seedlings by purchase for Betel-leaf Boroj from Bachchu’s uncle house, I saw him there. They had same house.

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 investigation officer?

Witness: Yes.
The cross examination then took place
Defence: Are you educated?

Witness: I am illiterate but I can write my name. I can’t see properly with my eyes.

Defence: Did you know Bachchu before 1971?

Witness: Yes.

Defence: Had you seen Bachchu in 1971?

Witness: I saw him looting during the war

Defence: When you had seen him had he got beard?

Witness: No.

Defence: Do you know where he studied?

Witness: No.

Defence: Bachchu was friend of Pakistan Armies?

Witness: I heard.

Defence: Where were you when Bachchu had come with 30 people by boat?

Witness: I was at Chittaranjan’s house. 8 people had entered that house with Rifle, Rod. I was hidden in the Betel-leaf Boroj.

Defence: Did you know that he could access a rifle by taken training.

Witness: I don’t know.

Defence: 8/9 people had not entered Chittaranjan house with Bachchu and rest of the people had not looted other house. Actually among them Bachchu was not present. In addition to this Bachchu had not killed to Chittaranjan and Badol Debnath.

Witness: It is not true.

Defence: You did not see that Bachchu Razakar had taken Chittaranjan out their house by pulling his hand. He had been taken away 150 hands across under the Pitti tree and Bachchu killed him by shooting

Witness: It is not true.

Defence: You did not see that after the half an hour, Bachchu Razakar killed Badol Debnath at the east side road of Chittaranjan’s house.

Witness: It is not true.

Defence: You did not say to I.O. that: 'In 1971, on 19th Joistho (bengonli month) probably 11am, 100 yard away in east from my house there is a river and Bakhardia’s Bachchu had come in 2 boats. Probably 30 people were with him. 8/10 people among of them had entered Chittaranjan’s house with Bachchu and rest of the people were roaming the whole village. Chittaranjan Dash’s house had both east and west sided door. Bachchu had rifle and other people had iron rod. Under  leadership of Bachchu razakar and his followers, they committed loot by taking away money, gold, rice-wheat and reached to boat with such things. Then I was hidden at my Betel-leaf land. When they came out by looting then Chittaranjan said to Bachchu that, “Dada you have taken away all things are of mine now what about my children.” Then Bachchu asked him is this your house? Chittaranjan agreed with him. At that time he bound Chittaranjan’s hands. His wife Josna had come to rescue him then Bachchu pushed her.' 
Witness: I said.

Defence: I have suggested that Abul Kalam Azad alias Bachchu had no relation with Razakar or he could not access any arms because he had not taken any training or he did not come to your village and did not kill to Chittaranjan and Badol Debnath. You made false witness against to him.

Witness: It is not true
The tenth witness came and gave evidence
Prosecution: Your name and address please.

Witness: My name is Tustho Kumar Mondal, son of late Horipodo Mondal, village-Purua Nomopara, P.S.-Saltha (Former Nagorkanda) and district-Faridpur.

Prosecution: What is your age?

Witness: 54 Years old.

Prosecution: What was your age?

Witness: 14 years.

Prosecution: What was your occupation?

Witness: I was a student of class 8 at Yousufdia High School.

Prosecution: What is your occupation?

Witness: I am a teacher.

Prosecution: Can you say something about 1971?

Witness: On 16th May in 1971 1st Joistho (Bengoli month) at 1 p.m. Maulana Abul Kalam Azad alias Bachchu had attacked on Madhob Chandra house. Everyone has been on the run after getting this news. After the looting of Madhob house, Bachchu had pulled him to my house’s west sided pond and killed him by shooting him. After half an hour, Bachchu Razakar killed Badol Debnath at the east side road of Chittaranjan’s house. At that time I was hidden within jute field and saw from that place. I saw such incident with my own eyes.

Justice Obaidul Hasan: why they had committed such crimes? Was there any rivalry?

Witness: Abul Kalam Azad alias Bachchu was commander of Razakar. His aim was by an attack removing the Hindus and supporter of Awami league. In the whole country Razakar had taken part with Pakistan Armies for fulfilling their motive. Due to this reason by the lead of Bachchu Razakar murder, loot, fires have been constituted at Faridpur.

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

Witness: No he is not present, if was present I would have recognized him.

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

Witness: Yes.
Cross examination took place
Defence: Had you known Maulana Abul Kalam Azad alias Bachchu?

Witness: Yes, I had seen him at Yousufdia High School field for made public assemblage.

Defence: He was then member of which political group?

Witness: I don’t know.

Defence: At present he is member of which political group?

Witness: I don’t know.

Defence: Bachchu was not commander of Razakar.

Witness: It is not true.

Defence: How could you know that Bachchu was Razakar?

Witness: Generally in 1971 peoples were saying this, that’s why I knew that.

Defence: What he had done that time?

Witness: I heard Maulana Abul Kalam Azad alias Bachchu was student of RajendraPur College and member of Jamaet Islami group.

Defence: He did not come to your village and did not kill Madhob Chandra and Badol Debnath.

Witness: It is not true.

Defence: You had hidden within a jute land; anything has not been seen within such land from the outside.

Witness: Yes.

Defence: You also did not see the outside from the jute land.

Witness: It is not true. I saw.

Defence: You did not say to I.O. that Abul Kalam Azad alias Bachchu was commander of Razakar. His aim was an attack removing the Hindus and supporter of Awami league .in the whole country Razakar had taken part with Pakistan Armies for fulfill their motive. Due to this reason by the lead of Bachchu Razakar murder, loot, fires have been constituted at Faridpur.

Witness: I said.

Defence: I suggest that Abul Kalam Azad alias Bachchu had no relation with Razakar and he could not access any arms because he had not taken any training and he did not come to your village and did not kill to Madhob Chandra and Ganendra. You made false witness against to him.

Witness: It is not true.

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