12 Aug 2012: Mollah 7th prosecution witness cross

The cross examination of the seventh prosecution witness Abdul Mojid Palowan in the case of Molla continued with the defence lawyer Abdus Sobahan Torofdar asking the questions. This followed on from the previous day.

Defence: The village you mentioned in your statement consisting of five wards, what is the shape of it?

Witness: It is square in shape.

Defence: What is the position of your house inside the village? In which side?

Witness: My house is almost in the middle of the village. It is in Ghatarchor, Khalpar and is situated in ward number five.

Defence: You said your house is in ‘Khalpar’ (Lake side), so what is the location of the lake?

Witness: There is no lake. It is just a name of the place.

Defence: What is the distance between your village and Keranigonj Thana?

Witness: It is in the southern side and around 3 km from Kerangonj.

Defence: What was the percentage of Awami League supporter in your village in 1971?

Witness: Apart from 2-3% people, all the people were Awami League Supporter.

Defence: What is the name of your primary school?

Witness: The name of my primary school is Pachdana Primary School.

Defence: Can you tell me your age while studying in class 1?

Witness: I was 7/8 years old.

Defence: Can you tell the name of few older people who were your neighbours during the liberation war?

Witness: Yes, I can remember a few. There were Kofil Uddin Bepari, Nuddu Miah, Ukil Uddin, Nur Hossain, Najim Uddin and Lal Chad.

Justice A.T.M. Fazle Kabir: (to Witness) Are you sure that all of them were elder than you?

Witness: Yes.

Defence: Who was the Chairman of your union?

Witness: I don’t remember right now.

Defence: Do you remember the name of any of the member of any ward of your village?

Witness: I can only remember the name of Dr. Joynal Abedin.

Defence: Who was the Headmaster of your school?

Witness: Abdul Hakim sir was the Headmaster of my school in that time.

Defence: Did the other (the people you mentioned who were your neighbours) experience the same incidents you mentioned in your statement?

Witness: I don’t know. How can I tell this!

Defence: Did the Pakistani Army enter into your village before 25 November, 1971?

Witness: No, they did not.

Defence: Did the Pakistani Army enter into your village after 25 November, 1971?

Witness: No.

Defence: You were not an adult in 1971.

Witness: No, i was an adult in 1971. I was around 19 years old or may be 1 /2 years less than it.

Defence: You lied about your age in 1971 in front of the tribunal?

Witness: I told the truth.

Defence: Do you have your national ID card?

Witness: Yes.

Defence: Can you tell me your date of birth according to your national ID card?

Witness: No.

Defence: Can you tell me your date of birth according to the voter list?

Witness: No.

Defence: What was the percentage of Hindu people in your village during the liberation war?

Witness: Among the five wards, one ward was completely consisted of Hindu people.

Defence: How far is the Hindu ward from your ward?

Witness: It is on the east side of my ward and around 200 yard.

Defence: What was the location of your house in your ward?

Witness: My house is almost in the centre place of my ward.

Defence: Give me an idea about the size of your ward in the east-west and north-south side.

Witness: It is longer in east-west side than north-south side.

Defence: How many people were residing in your ward during the liberation war?

Witness: Around 200 people.

Defence: How many siblings did your father have?

Witness: He had one brother and both my father and my uncle were alive during the liberation war.

Defence: How many siblings you have?

Witness: I have 5 sisters and 2 brothers.

Defence: How many children your uncle had?

Witness: He had 3 sons and 3 daughters.

Defence: What is your position among your siblings?

Witness: I am the youngest one and my cousin (uncle’s son) is the eldest one.

Defence: Were they alive during the liberation war?

Witness: Yes.

Defence: Did the villagers run hearing the sound of firing of the Pakistani army?

Witness: I don’t know. I have not seen it.

Defence: Were you in your house that time?

Witness: I went out of the house hearing the sound of firing of the Pakistani army and came back at 11am.

Defence: What did your family members do hearing the sound of firing of the Pakistani army?

Witness: I don’t know.

Defence: Did you go to the Hindu ward in the north side?

Witness: The Hindu ward is in the south side of my house and I crossed while running towards the field.

Defence: What is on the north side?

Witness: Noagaon is on the north side.

Defence: You ran towards the north side.

Witness: No, I ran towards the field on the south side.

Defence: How far is the field from the Hindu ward?

Witness: I left the Hindu ward in the left side while running towards the field.

Defence: Did anyone else run with you towards the field?

Witness: No.

Defence: Did you see anyone else coming out of their house hearing the sound of firing of the Pakistani army?

Witness: I did not see anyone beside me from my village.

Defence: When you went back to your house at 11am, whom did you find there?

Witness: I found out that no one was in the house, it was empty.

Defence: Did you try to find out your family members?

Witness: They crossed the river beside our house and went to the other side.

Defence: You were in your house on that day.

Witness: No, I drunk a glass of water and went to the field again.

Defence: Did you take anyone with you?

Witness: Lal Chan was with me and I saw many people after going to the field.

Defence: Is Lal Chan alive now?

Witness: Yes, he is alive.

Defence: What is the name of his father?

Witness: Mohan Chan.

Defence: You mentioned that the Pakistani army set fire in your village; did they set fire in all 5 wards?

Witness: No, only the Hindu ward and the ward beside the field were set in fire.

Defence: Did you see what happened to the people after those wards were set in fire?

Witness: I don’t know. People were running here and there when the fire was set in those wards.

Defence: Did people from the other wards come to help them during the fire?

Witness: How would they come to help, they started running hearing the sound of firing of the Pakistani army.

Defence: (suggestion) You also ran with other people hearing the sound of firing of the Pakistani army.

Witness: No, I did not.

Defence: You lied about running with the other people hearing the sound of firing of the Pakistani army.

Witness: It is not true.

Defence: You used to sleep with your parents at night.

Witness: My parents used to sleep in a room beside my room.

Defence: Did anyone of your age go to the field with you?

Witness: No.

Defence: (suggestion) You were too small to during the incident and that is why your parents took you in their lap and crossed the river when they heard the sound of firing.

Witness: No.

Defence: On that day all of your family members along with you crossed the river and went to the other side hearing the sound of firing of the Pakistani army.

Witness: No, it is not true.

Defence: You were a maximum 12 years old and a student of primary school during the liberation war.

Witness: No, it is not true. I was a cultivator that time.

Defence: Can you tell the name 12 months in English?

Witness: No.

Defence: Can you count 1-100 in English?

Witness: Not completely.

Defence: Can you read Bangla newspaper?

Witness: Yes.

Defence: You were taught the date ’25 November, 1971’.

Witness: No, it is not true. Everyone knows it in the village.

Prosecutor Mohammad Ali: My Lord, the voluntary statement should be recorded. It is the rule.

Defence: My dear Mohammad Ali, if I ask you to show the rule, i know you cannot. So please be quiet.

Justice Shahinur Islam: Mr. Mohammad Ali, please let him proceed and stop interrupting. Let him finish the cross-examination today.

Defence: Can you tell me the date of your marriage?

Witness: No.

Defence: Are your parents alive?

Witness: No.

Defence: Can you tell me the date of their death?

Witness: No.

Defence: How many children you have?

Witness: I have 5 sons and 2 daughters.

Defence: How many marriages you got?

Witness: 1 marriage.

Defence: When did you go out of your house in 25 November, 1971? At what time?

Witness: I cannot say.

Defence: Was Ghatarchor School a primary school during the liberation war?

Witness: Yes.

Defence: In which side of the school the field is situated?

Witness: It is in the east side.

Defence: It was an open field/ play ground.

Witness: Yes.

Defence: Did you have electricity in your village during the liberation war?

Witness: No.

Defence: Lamp or hurricane was mainly used at night in that time.

Witness: Yes.

Defence: Whose house is on the north side of your house?

Witness: Nuddu Miah.

Defence: Whose house is on the south side of your house?

Witness: No house was there. There was an agricultural filed.

Defence: Whose house is on the east side of your house?

Witness: Kofil Uddin Bepari.

Defence: Whose house is on the west side of your house?

Witness: There was another agricultural field.

Defence: Your house is in which side of Moktar Hossain’s house?

Witness: On the east side.

Defence: How far is his house from your house?

Witness: After 3 houses from my house.

Defence: Is he alive?

Witness: Yes.

Defence: Where does he live?

Witness: I heard that he lives in his village home in Narayangonj with his family.

Defence: Where was his family during the liberation war?

Witness: In our village.

Defence: How many children he had?

Witness: I saw his one son and he was around 2 years old.

Defence: What was his profession?

Witness: He was a government employee but I don’t know exactly in which department.

Defence: How many co-sharer he had?

Witness: He had 2 brothers and 2 sisters. He was the brother-in-law of Joynal Akhter and they lived in the same house.

Defence: Can you tell me the number of Pakistani soldiers who entered in the village on the day of the incident?

Witness: They were around 200 in number.

Defence: How did they pass through the village? By foot or by car?

Witness: I saw them walking towards the river and then they left riding on big launch.

Defence: What was the name of the river which your family crossed?

Witness: It was a branch of Burigonga river.

Defence: What was the transport system for crossing the river?

Witness: By small boats mostly.

Defence: Was it possible to get to the other side of the river?

Witness: Yes, it is a narrow one.

Justice A.T.M. Fazle Kbir: Please do not waste the time. You are proceeding very slowly with non-relevant questions. On the next hearing please come out of the river side! The next hearing is on tomorrow 10:30am.