1 Nov 2012: Mollah 12th witness cross exam day 5

Justice Obaidul Hasan initiated proceedings by asking the defense lawyer Advocate Torafdar about yesterday’s order. Advocate Torafdar said that he was not informed about such an order. Justice Obaidul became very angry with him and directed him to see the order after finishing the session. He said that the cross examination had to be finished that day.

The cross examination of the investigation officer continued following on from a previous day.

Defence: Witness Sofiuddin Molla (p.w.-6) said to you that he recognized the Kader Molla during when he was a voter and took part in election.

Witness: It is not true.

Defence: Witness Sofiuddin Molla (p.w.-6) stated to you that, he had hidden under a bush and saw that a rifle was in hand Kader Molla and he shoot.

Witness: It is not true.

Defence: Did you interview any family member of victim Nobiullah of Alubodi village.

Witness: I did not.

Defence: Did you interview Goijuddin Molla?

Witness: Yes I did.

Prosecutor makes an objection. Judge Shahinur Islam say take your seat and please shut your mouth.

That time Mr. Forid another defense council stand before tribunal. Justice Obaidul Hasan very annoyed with him and say take your sit. Why you stand before the tribunal when your senior Mr. Torafdar is present there. You can assist him. Justice Obaidul Hasan directs Mr. Torafdar please read the Rule-53 of ICT.

In the mean time Advocate Tazul Islam comes in tribunal-2 and Justice Obaidul Hasan asked to him, why you did not inform Mr. Torafdar?

Advocate Tazul Islam says I am very sorry for that. I can’t communicate with him properly.

Defence: How do you get the witnesses to appear before the tribunal?

Witness: I have done this within a prescribed manner.

Defence: I have suggested that, Goijuddin is a material witness that’s why you did not provide him before the tribunal.

Witness: It is not true.

Defence: you are informed by Soiod Abdul Kaium (p.w.-10) that Noim Khan, Sofiruddin and one Molla was mentionable of the supporter of mark of Daripallah.

Witness: It is not true.

Defence: Mr. Kaium stated to you that when he screamed then such one Molla open the door and attacker was escaped.

Witness: It is not true; he stated to me that, when Molla come out from the home and such Biharis were escaped.

Defence: Have you asked Molla who was neighbor of Mr.Kaium?

Witness: No I did not, because he is not alive.

Defence: You give false statement about him not being alive.

Witness: It is not true.

(To Court) I can’t know about the full name such Molla.

Defence: I have suggested that a neighbor, one Molla has taken part in election on behalf of Golam Azom.

Witness: It is not true.

Defence: I have suggested that, the present Govt. replace accused name by such one Molla for gaining benefit by political motive.

Witness: It is not true.

Defence: Have you found the numbers of people who are named is “Abdul Kader Molla” during your investigation?

Witness: No, I did not get any other “Abdul Kader Molla” except the accused during my investigation.

Defence: You have given a request to Monwara Begum. What about her rank in her Police Bahini?

Witness: She is an A.S.P of Police.

Defence: Is she your senior or junior on the basis of rank?

Witness: I am a Police Inspector. Many retired ranking Police officer and regular Police Officer are doing this job to the investigation institution of ICT. At ICT there is no application of any senior or junior rank.

Defence: Has Monowara Begum sent to you supplementary case diary?

Witness: Yes.

Defence: Have you observed the statements of witnesses which are taken by Monowara Begum?

Witness: Yes.

Defence: Have you interviewed Momena Bagum daughter of martyr Hozrat Ali Loskor?

Witness: Yes. I did.

Defence: Have you recorded her statement?

Witness: No, I did not. But Monowara Begum has recorded her statement.

Defence: Have you cited Momena Bagum daughter of martyr Hozrat Ali Loskor as a witness for which incident?

Witness: The incident of murder of Khondokar Abu Taleb.

Md. Ali interferes to P.W’s statement repeatedly. At that time Justice Obaidul Hasan scolded to him and say P.W. is a formal witness. Why you doing this? Then Mr.Razzak (investigation officers) says such incident is not recorded in the case diary, it was in the investigation report. Judge Shahinur Islam very angry with P.W. and say to him why you say this when it is not being in case diary. Tribunal says ok, such question is valid due to investigation report.

Defence: Have you made a study during your investigation?

Witness: Yes, I have studied many things for the benefit of investigation.

Defence: (give a book) please see this book ,have you read this book? This is written by Kazi Rozy.

Witness: No, I did not.

Defence: You read the book “Sohid Kobi Meherunnesa”( martyr poet Meherunnesa) written by Kazi Rozy.

Witness: It is not true.

Defence: Where did Kazi Rozy live in 1971, have you gotten any information regarding this?

Witness: In 1970 Kazi Rozy (p.w.-4) lived Mirpur.

Defence: What she had done that time?

Witness: She was a student of Dhaka University in 1970.

Defence: How she had known the poet Meherunnesa?

Witness: They both were lived at Mirpur section-6 Kazi Rozy lived in block-c and Meherunnesa lived in block-d.They worked at the Bangla Academy. They journeyed together that’s why they were intimate to each other.

Defence: Poet Kazi Rozy was a chairman of action committee of Bangla Academy and poet Meherunnesa was a member of such committee.

Witness: Yes I had found such thing during my investigation.

Defence: I have suggested that you have been given the book “Sohid Kobi Meherunnesa” (martyr poet Meherunnesa) written by Kazi Rozy and you read this. Even though, you lie to tribunal that you have not read it.

Witness: It is not true.

Defence: How many officers have signed on the list of main witnesses?

Witness: I and Monowara Begum have signed on the list of main witnesses and I have signed on the list of additional witnesses.

Defence: I have suggested that the statements of witnesses which are signed by you. Such statements are not correct.

Witness: It is not true.

Defence: Have you tried to interview the driver Nizam of martyr Khondokar Abu Taleb?

Witness: Driver Nizam left the country after independence, that’s why I can’t get any scope to ask him.

Defence: Have you asked to interview accountant Halim of the daily newspaper the Ittefaq?

Witness: No, I did not.

Defence: Have you ascertained that Mozzaffar Ahmed Khan (p.w.-1) fought with how many troops with Pakistan Army?

Witness: There is no information regarding this except his statement.

Adjournment for lunch

Defence: Did you state thjat Nabi Hosan Bulu was martyred (Shahid) in your investigation report?

Witness: Yes.

Defence: Did you examine the voter identity cards of those ten persons who were examined in this Tribunal as prosecution witnesses?

Witness: No.

Defence: Did you collect any document of marriage certificate of witness Nurjahan as proof that Shahid Nabi Hosan Bulu was her husband during the time of occurrence?

Witness: No.

Defence: You did not collect marriage certificate because you will not prove Nabi Hosan Bulu as husband of Nurjahan by her marriage certificate, is it true?

Witness: This is not true.

Defence: Witness Nurjahan was not the wife of Nabi Hosan Bulu during the time of occurrence, is it true?

Witness: This is not true.

Defence: Witness Nurjahan was not born during the time of occurrence, is it true?

Witness: This is not true.

Defence: Did you examine sources by whose you collected the information of witnesses?

Witness: No.

Defence: Did you record the statement of those people who assisted in writing the statement of witnesses?

Witness: No.

Defence: Persons who recorded the statement of witnesses, know better what witnesses have said, am I right?

Judge Shahinur Islam: You should say it during the time of argument.

Defence: Ok.

Defence: You did not produce the family members Martyrs (Shahid) as witness in this Tribunal, is it true?

Witness: This is not true.

Defence: It is not correct that you stated Nabi Hosan Bulu as martyred in your investigation report, is it true?

Witness: This is not true.

Defence: Poet Kazi Rozi did tell to you that “Quader Mollah and his companions entered into the house of Meherunnesa by tying red and white strip/band of cloth, is it true?

Witness: This is true.

Prosecutor (Mohammad Ali): He has said that she might say it but this is not in my record, I requesting to record it.

Defence: Poet Kazi Rozi did tell to you that “When Meher understood that they have come to kill them, then she tried to rescue by holding the Quran in her chest”, is it true?

Witness: Yes, this is true.

Defence: How many statements of Poet Kazi Rozi did you record?

Witness: One.

Defence: My Lord, Prosecution has supplied us two types of statement of Kazi Rozi given to I.O, see those two My Lord.

Justice Obaidul Hassan: Mr. Prosecutor, come forward. Firstly tell us, did you give this copy to Defense.

Prosecutor (Mohammad Ali): We have given them the proper one and I don’t know how this one has come.

Judge Shahinur Islam: How did you give court deposition Defense Team as statement made to I.O and also there is signature of I.O.? It is also the duty of I.O to examine whether this is proper one or not before giving signature in any documents.

Justice Obaidul Hassan: This is total carelessness of Prosecutor and I.O and Mr. Prosecutor, be conscious about your responsibility.

Defence: Poet Kazi Rozi did not tell to you that “After liberation war, I wanted to go the house of Meherunnesa but I knew another one was remaining in that house”, is it true?

Witness: This is true.

Defence: Poet Kazi Rozi did not tell to you that “After killing Meher they hanged her by her hair, is it true?

Witness: This is true that he did not say like this but he has said that they separated her head from body by slaughtering her.

Defence: Poet Kazi Rozi did not tell you that “I heard the occurrence of killing of Meherunnesa from Gulzar and another Non-Bengali”, is it true?

Witness: This is not true. She told this to me.

Defence: P.W.5 Khondoker Abul Hasan did not tell you that “Abdul Halim handed over my father to Quader Mollah after bringing him Mirpur by his car”, is it true?

Witness: This is true that he did not say like this but he has said that “I heard from Khalil that Halim brought my father to Mirpur by his car.

Defence: You have certified the statements of those people who you did not record without examining those, is it true?

Witness: This is not true.

Defence: P.W.7 Abdul Majid Palwan did not tell to you that “There were five wards in our village, my sleep was broken by the sound of shooting and after coming out I saw fire around the village”, is it true?

Witness: Yes, this is true.

Defence: P.W.7 Abdul Majid Palwan did not tell to you that “I heard the sound of shooting from north, and then I started to go to north”, is it true?

Witness: Yes, this is true.

Defence: P.W.7 Abdul Majid Palwan did not tell to you that “there were many wood in our village and I have hidden myself in the back of a tree”, is it true?

Witness: Yes, this is true.

Defence: P.W.7 Abdul Majid Palwan did not tell to you that “There were some Bangalis with Pakistani army and among them, one was Quader Mollah”, is it true?

Witness: This is true that he did not say like this but he has said that there were Jamaat leader of village Mokter Hosan, Muslim League leader Joyal Doctor, K.G Karim Babla, Foyjur Rahman and leader of Chatra Songo Quader Mollah with Pakistani army.

Defence: P.W.7 Abdul Majid Palwan did not tell to you that “A rifle was in the hand of Quader Mollah and he fired by this rifle”, is it true?
Witness: Yes, this is true.

Defence: P.W.7 Abdul Majid Palwan did not tell to you that “Quader Mollah arranged a meeting in the house of Joynal Doctor in previous night of the date of occurrence on 25th November 1971”, is it true?

Witness: Yes, this is true.

Defence: P.W.7 Abdul Majid Palwan did not tell to you that “The house Joynal Doctor is 3 houses far in east side from the house of me”, is it true?

Witness: Yes, this is true.

Defence: P.W.7 Abdul Majid Palwan did not tell to you that “After leaving Pakistani army the place of occurrence, we could know that the person in short and black wearing Panjabi was Quader Maollah and there were some other people wearing veil so that no one can know them”, is it true?

Witness: Yes, this is true.

Defence: Did you get Hindu victims families in Ghaterchar during the time of investigation?

Witness: Yes.

Defence: Did you examine any family member of any victim Hindu families?

Witness: No.

Defence: After recording the deposition of Mojaffar Ahmed in the Tribunal, you have recorded the statement of Nurjahan and Abdul Majid Palwan as tutored witnesses, is it true?

Witness: This is not true.

Defence: Nurjahan and Abdul Majid Palwan are not the witnesses of real fact, is it true?

Witness: This is not true.

Defence: Did Nurjahan tell to you that her age was 13 during the time of occurrence?

Witness: No, she did not tell it to me.

Defence: Did Nurjahan tell to you that she was pregnant during the time occurrence?

Witness: No, she did not tell it to me.

Defence: Nurjahan did not tell to you that “after hearing the sound of firing, I and my husband hidden ourselves under the bedstead and after sometime we came out from under the bedstead to see what was happening’, is it true?

Witness: Yes, this is true.

Defence: Nurjahan did not tell to you that “We saw that Pakistani army was coming the side of field and when we went out from home, firing was started further”, is it true?

Witness: Yes, this is true.

Defence: Nurjahan did not tell to you that “They killed my uncle-in-law”, is it true?

Witness: This is true that he did not say like this but he has said that we saw my uncle-in-law fallen in the courtyard of his house as dead.

Defence: Nurjahan did not tell to you that “At that time we saw some Pakistani armies and a bangali person in black colour”, is it true?

Witness: Yes, this is true.

Defence: Nurjahan did not tell to you that “Then I went by running for holding my husband by shouting”, is it true?

Witness: Yes, this is true.

Defence: Nurjahan did not tell to you that “Then that Bangali person told me aiming rifle to me to move away from that place and I went out from that place in fear by running”, is it true?

Witness: Yes, this is true.