Sunday, February 17, 2013

10 Sep 2012: Mollah 9th witness cross exam, day 4


Prior to the cross examination, the tribunal dealt with the matter of the contempt application against the Deputy Speaker

Advocate Abdul Baset Mojumder told the tribunal that she was very busy today in public function which is why she is unable to present today in this court. We already have submitted the time petition for prolonging the time to present her in this court. I am requesting to the court to fix another convenient date for presenting her after a minimum of 2 weeks.

Justice A.T.M. Fazle Kabir: Next date of presenting her in this court for giving explanation about contempt of court issued against her by this court about a speech given by her, is 1 October 2012.
  
Cross Examination of the 9th prosecution witness Amir Hossain Molla in the case of Mollah continued with the defence lawyer Abdus Sobahan Torofdar asking questions (from the previous day)

The witness took his oath.
Defence: Can you tell the name of others whose sons and daughters who are alive?

Witness: They are 1. Fazal Hauqe – he got 2 sons and 2 daughters. His sons’ names are Babu and Katol: 2. Tara Miah – He got 2 sons and 2 daughters. His sons’ names are Halim and Alom: 3. Mohiuddin - he got 2 sons. His sons’ names are Sahabuddin and Almas: 4. Nasir – he got 3 sons and 2 daughters. His sons’ names are Shafiq, Shawpon and Ripon.

Defence: Is any of them witness of the case?

Witness: No.

Prosecutor Mohammad Ali: My Lord, the witness is not supposed to be asked such a question.

Defence: You lied about the voluntary group. There was no such group.

Witness: It is not true.

Defence: The formation of voluntary group is a complete lie and utopian.

Witness: It is not true.

Defence: Do you know Kalachand (Kamal Uddin) of your area?

Witness: Yes, I know.

Defence: Do you know AlI Azgar from your area?

Witness: No, I don’t know.

Prosecutor Mohammad Ali: (to the witness) The best answer is ‘I don’t know’.

Defence: My Lord, I highly object Mohammad Ali’s side talking and directing the witness to answer the questions.

Justice Obaidul Hassan: Mohammad Ali, you should not do this. This is delaying the process.

Justice A.T.M. Fazle Kabir: Why are you disturbing the cross-examination?

Defence: Do you know Abdul Karim who is the direct witness of the incident of 24 April, 1971?

Witness: No, I don’t know.

Defence: How many sons and daughters your uncle Rustam BeparI had?

Witness: He had 2 sons. They are Ahmed Bepari (52/53) and Nilamot Bepari (46/47).

Defence: How many sons/daughters your maternal uncle Salimullah had that time?

Witness: He had 2 sons. I don’t remember their name.

Defence: Tell me their probable age.

Witness: I cannot tell their probable age.

Defence: How many sons/daughters your maternal cousin Awal Molla had?

Witness: I don’t know exactly. He had a son called Sattar Molla and he was 12/13 years old that time.

Defence: How many sons/daughters your maternal uncle Karim Molla had?

Witness: His only son died with father.

Defence: How many sons/daughters your maternal uncle Fazal Haque and Ajal Haque had?

Witness: They had no children.

Defence: How many sons/daughters your sister’s father-in-law Kashem Dewan had?

Witness: He had 1 son and his name is Nurul Islam (24/25).

Defence: How many sons/daughters your cousin NobI Molla had?

Witness: He had 2 sons. I don’t know about his daughter. But one of his sons name was Ubaidulla Molla (15/16) and another was Andes Molla (16/17). They are alive.

Defence: What about Jora Molla?

Witness: He was unmarried and he died.

Defence: Do you know Kitab Molla from AlubdI Village?

Witness: I don’t know him.

Defence: How many sons/daughters your maternal cousin Sonu Mia had?

Witness: None.

Defence: How many sons/daughters your uncle Mokhlesur Rahman had?

Witness: He had 1 sons and he was 12/13 years old.

Defence: How many sons/daughters your sister-in-law Yasmin Banu had?

Witness: None.

Defence: How big was the election area of Jahir Uddin in north and south side in 1970?

Witness: Dhour Kamarpara and Harirampur union in north and Rayer Bazar and Jigatola in south.

Defence: Mirpur and Mohammadpur was within the same election area that time.

Witness: Yes.

Defence: How many candidates were on behalf of AwamI League both in National assembly and Local assembly?

Witness: Advocate Jahir Uddin was the candidate on behalf of AwamI League. I don’t know who was from which assembly. Probably Dr Mosharraf was the candidate of MP.

Defence: Was Jahir Uddin a BengalI or a non-bengali?

Witness: Non-bengali.

Defence: Jahir Uddin used to live in the BiharI area in Mirpur.

Witness: I don’t know.

Defence: Had he been able to campaign in your village or give any speech in 1970?

Witness: Yes.

Defence: Who used to campaign on behalf of Jahir Uddin on your area?

Witness: Those who used to campaign on behalf of Jahir Uddin, among them Rahsid Molla and Dula Mia is alive, the rest are dead.

Defence: In 1970 the number of Biharis was greater than Bengali in Mirpur.

Witness: It is not true.

Defence: Bangabandhu Sheilh Mujibor Rahman chose a non-Bengali Dr Jahir Uddin as a candidate because Mirpur was a BiharI oriented area.

Witness: It is not right.

Defence: After 16 December, 1971, the Indian army took position in Mirpur area.

Witness: It is not right.

Defence: On 30 January, 1972, the BangladeshI army took the charge of Mirpur from Indian army.

Witness: It is not true.

Defence: In 31 January, 1972 was not with you when you made Mirpur free.

Witness: It is not true.

Defence: Did you know Abdul Barek from Alubdi village who was a direct witness of the incident of 24 April, 1971?

Witness: I don’t know.

Defence: Do you Birangona LailI from Alubdi?

Witness: I know her.

Defence: Do you know Kalu Molla, Munsur AlI Dewan, War AlI Dewan, Godu Bepari, Barek Matbor, Rahman BeparI from AlubdI village?

Witness: Yes, I know them.

Defence: Do you know Kitab AlI from Uttor para and Chunnu BeparI from AlubdI village?

Witness: Yes.

Defence: Do you know Mohammad Abdul High, father of Mohiuddin from Alubdi?

Witness: Yes.
Justice A.T.M. Fazle Kabir: Next hearing is on 13 September, 2012 in the afternoon session.

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