1 Aug 2012: Mollah 6th prosecution witness

Tribunal Two

Defense Counsel Abdur Razzak asked the court if his client, Molla, could be permitted not to be present in afternoon session during Ramadan considering his health and age.

Prosecutor, Mohammad Ali responded by saying that My Lord, then problem will arise regarding identification of accused by the witness.

Justice A.T.M. Fazle Kabir said, ‘You may take the identification during 1st half. We’ll try to consider your issue.’

Examination in chief

Examination in chief by prosecution counsel Mohammed Ali, of the 6th witness, Shafiuddin Molla, to give evidence against the accused Molla. This continued from the previous day.

Before this started the Defense Counsel mentioned that four names of witnesses were given on the last day, but today’s witness is none of them.

Prosecutor Mohammad Ali said that they had given four names for that particular day, and that previously given a list of eight witnesses and today’s witness is one of them.

Judge Shahinur Islam: You should bring one of those three remaining witnesses.

Prosecution: Tell your name.

Witness: Md. Shafiuddin Molla.

Prosecution: What is your father’s name?

Witness: Late Md. Habibulla Molla.

Prosecution: What is your address?

Witness: Village- Alobdi, thana- Pallabi, Dhaka.

Prosecution: How old were you in 1970?

Witness: About 19 years old.

Prosecution: Were you a voter then?

Witness: Yes.

Prosecution: Can you tell something about the election of 1970?

Witness: I, along with all of my relatives and villagers was the supporters of Awami League.

Prosecution: Who were the candidates of the election of 1970?

Witness: Awami League nominated candidate for National Assembly in Mirpur area was Advocate Jahiruddin containing ‘Nawka’ (boat) symbol. The opposition was Professor Golam Azam containing ‘Daripalla’ (scales of justice) symbol.

Prosecution: What did you, your family and villagers do in the election?

Witness: As all of the villagers loved Awami League, we all supported, worked or canvassed in favor of Advocate Jahiruddin.

Prosecution: What was the role of the opposition party?

Witness: Along with the assistants and Biharies, the leader of Islami Chhatra Sangha- Quader Molla canvassed in favor of ‘Daripalla’.

Prosecution: Did you know Quader Molla?

Witness: Yes, I knew.

Prosecution: What was the result of the election?

Witness: Awami League got majority in the election of 1970. But yet the Pakistanies did not transfer the power to Awami League. As a result, movement spread.

Prosecution: What was your role in 7th March, 1971?

Witness: On 7th March, 1971, Bangabandhu arranged convention in Race Course field. Bangabandhu gave his speech and invited us to be prepared to participate in the movement of liberation. Accordingly, we took preparation training in our village.

Prosecution: Tell about the subsequent incidences.

Witness: There were many occurrences on 25th March, 1971. Pakistani Army attacked many areas. As or village was on low land we remained in our village.

We heard the sound of helicopter on 24th April at the time of fazr. There was a high land on the west side and beside the bank of river; we saw the helicopter land there.

After a while, we heard the sound of bullet from west side. And then sound of bullet came from north, east and south side. After hearing the sounds, the villagers started to run randomly.

Gradually, surroundings became clear. Then w saw, xx dead people had fallen, their bodies scattered.

Prosecution: Then what did you do and what happened?

Witness: I hid within a small bush on the north side of our village. That was the season of cutting rice. There were people from outside the village who cut the rice. I watched from the bush that, the Pakistani Armies gathered those peoples and the scattering peoples of our village. Along with the assistants and Biharies, Quader Molla caught people from the east side and gathered them in same place.

Prosecution: Then what happened?

Witness: After some time, I watched Quader Molla talk to the Pakistani officers in Urdu. I was in far away, so couldn’t hear. After that, people were lined on one side and were fired on. Rifle was also in Quader Molla’s hand and he also shot them. My own uncle Najibulla Molla died there. Along with 70/80 people of my village, including the people cutting rice, total 360-370 people were killed there.

Prosecution: Whether the people cutting rice were Urdu speaking or Bengali?

Witness: Bengali.

Defense Counsel (Farid Uddin): Learned prosecutor is always asking leading questions. If the witness misses anything, concurrently he is making him find the key point.

Prosecution: How long did that killing continue?

Witness: It started in the time of fazr and continued till about 11.00 am.

Prosecution: Then what happened?

Witness: Then they started conflagration and loot within the village.

Prosecution: You told about Quader Molla. Can you identify him in the dock?

Witness: Yes, there is he.

Prosecution: Have you given any statement to any investigation officer regarding this issue?

Witness: Yes, on 16 August, 2010, villagers of our village were called at Pallabi thana and were questioned

Prosecution: How old are you?

Witness: About 60 years old.

Defense Counsel, Ekramul Haque, prayed for time before cross examination, but Justices told him to start at least.

Defence: Have you brought your identity card?

Witness: No.

Defence: Did you give ID card to investigation officer?

Witness: No.

Defence: Did you study in any school or college?

Witness: I studied in Mirpur Adarsha High School.

Defence: When did you pass SSC examination?

Witness: In 1972, with 2nd batch.

Defense Counsel said he was sick and prayed for some time. The Tribunal fixed 05/8/2012 as next date for cross examination of witness.