The cross examination of the 12th witness in the Mollah case, the investigation officer Abdur Razzaque Khan started (
following on from his evidence on a previous day)
Defence: You said in your statement about the G.R (General Register) case where you have gotten the document of 2 G.R case.Keranigonj police station case no.34, dated on 31/12/2007 and pollobi police station case no.60, dated on 25/01/2008?
Witness: I have gotten them from Register office of this tribunal.
Defence: When was the investigation started in the pollobi police station case no.60, dated on 25/01/2008?
Witness: I don’t know when the investigation started in these two cases
Defence: Do you see the judicial document of both cases?
Witness: I have done.
Defence: Which dates were selected for the investigation report about the pollobi police station case no.60, dated on 25/01/2008?
Witness: Since 26/01/2008 to 21/07/2010 in total 31st times selected for investigation report.
Defence: Who was the I.O of pollobi police station case no.60, dated on 25/01/2008?
Witness: I cannot say who was I.O of this case but by the order on 21/07/2010 it can be seen that the I.O was MD.Nurul Islam Siddique, Police Inspector, C.I.D, and Dhaka
Defence: Who was the plaintiff of pollobi police station case no.60, dated on 25/01/2008?
Witness: Mohammad Amir Hossain Molla, son of late Hazi surzot Ali Molla.village- Duaripara, P.S. Pollobi, Dhaka.
Defence: Where did Mohammad Amir Hossain Molla submits the petition? Is it on Court or Police Station?
Witness: He has submitted the petition to Chief Metropolitan Magistrate court, petition case no 10/2008 on 24/01/2008.
Defence: Who has written the petition application?
Witness: I cannot say. It was typed; I don’t know who signed on it.
Defence: Has the Kader Molla arrested under pollobi police station case no.60, dated on 25/01/2008?
Witness: This is issue not set out in the document.
Defence: In which court you applied for showing arrest of Mr.Kader Molla?
Witness: I cannot say, Mr. Kader was arrested under which case, but I applied for showing arrest on the memo of ICT ,I.O. Complaint-Register No-1 on date 21/07/2010.
Defence: Can you say the case no. by showing the application of arrest?
Witness: I have said in the application from the source of pollobi police station case no.60,dated on 25/01/2008. Mr. Kader was in custody under this case.
Defence: Before you have mentioned that whether or not Abdul Kader Molla was arrested is not stated in the judicial documents. You lied to the tribunal under oath.
Witness: it is not true.
Defence: Which date Mr. Kader Molla was sent to the jail under pollobi police station case no.60, dated on 25/01/2008?
Witness: On 14/07/2010
Defence: Is any application submitted by any I.O for time extension.
Witness: No.
Defence: Which date such order has been given?
Witness: This case has been given to the ICT by the order of Chief metropolitan Court, Dhaka dated on 21/07/2010.
Defence: How many witness in the pollobi police station case no.60, dated on 25/01/2008?
Witness: I didn’t get the Case Diary of I.O, that’s why there is no scope to observe such things.
Defence: Did you question any I.O of pollobi police station case no.60, dated on 25/01/2008?
Witness: I did not during my investigation.
Defence: Such I.O did not get any information during his long investigation of the pollobi police station case no.60, dated on 25/01/2008. That’s why you have abstained the asking to I.O
Witness: It is not true.
The head of defense Barrister Abdur Razzak) came into the tribunal and requested that Mr. Abdul kader be allowed to go the jail to take rest for the day. In addition he asked for 5 to 7 days rest for Mr. Abdul Kader Molla. The tribunal asked for written petition and the Defense agreed with it. After that Mr.Kader Molla left the tribunal.
Defence: How many years the investigation has been run?
Witness: Since 25/01/2008 to 21/07/2010
Defence: Did you make any attempt to observe the Case Diary of such I.O
Witness: Since it was initiated under sections 148, 448, 302, 34, 201, 326, 307 and 436 of the Penal Code. That’s why I though it is not necessary.
Defence: What are the names of witnesses in complaint petition of pollobi police station case no.60, dated on 25/01/2008?
Witness: Goijuddin Molla, Abdus Sattar Molla, Fazlul haque,Anamot Hossain Bepari,Mohammad Ali Matbor,Freedom Fighter Kamal Uddin,Kodom Ali Bepari,Anar Uddin Bepari,Hazi Ambor Ali Molla,Motiur Rahmoan Molla,Jumon Ali Molla,Riaz Uddin Fakir,Hazi Abdur Rashid Molla.
Defence: Did you interview such witnesses during your investigation?
Witness: I interviewed only plaintiff Amir Hossain Molla, Abdus Sattar Molla, Goijuddin Molla.
Defence: What is the name of lawyer of plaintiff?
Witness: MD.Abdur Razzak.
Defence: Did you interview MD.Abdur Razzak during your investigation?
Witness: No. I did not.
Defence: You did not ask rest of the witnesses because they did not support the complaint of such petition.
Witness: It is not true.
Defence: Where as the case of Keranigonj police station case no.34, dated on 31/12/2007 been initiated before taking as a G.R case and when did it happened?
Witness: Keranigonj police station case no.34, dated on 31/12/2007 under 447, 448, 436, 302, 109,114 of penal code has been initiated in Chief judicial Magistrate Court, Dhaka as a petition case.
Defence: How many witnesses has been taken in this case?
Witness: Eight (08) witnesses had been added with the plaintiff. They are – Mozzaffar Ahmed Khan (plaintiff), Ansar Uddin Khan, Toiob Uddin Khan,Mabia Khatun, monowara begum, Bibi Ayesha,Habibur Rahman Khan. And Nazimuddin khan.
Defence: Is all witnesses addresses in Vaoalkhan Bari of keranigonj police station?
Witness: Except Bibi Ayesha.
Defence: How many accused in this case?
Witness: 13
Defence: On which date such case was initiated?
Witness: 31/12/2007
Defence:On which date such case was initiated to Chief judicial Magistrate Court?
Witness: 1/1/2008 1st judicial order had been given. On 17/12/2007 complaint petition has been initiated to Chief judicial Magistrate Court-3.
Defence: How many orders have been given?
Witness: since 1/1/2008 to 22/7/2010 in total 37 orders.
Defence: Has I.O. not given the investigation report under Keranigonj police station case no.34, dated on 31/12/2007?
Witness: No.
Defence:Did he make any application for time extension?
Witness: No.
Defence:Did you ask such 8 witnesses during your investigation in this case?
Witness: I asked everyone except Bibi Ayesha.
Defence: Have you recorded the statements of such witnesses?
Witness: Yes.
Defence: Same Advocate deals with both cases?
Witness: Yes.
Defence: Who was the I.O. of Keranigonj police station case no.34, dated on 31/12/2007?
Witness: Md. Asaduzzaman, officer in charge (acting) Keranigonj police station.
Defence: Have you shown the accused Abdul Kader Molla arrested under Keranigonj police station case no.34, dated on 31/12/2007?
Witness: Yes I have shown.
Defence: How many witnesses were interviewed by I.O.?
Witness: I can’t say because I did not get any document?
Defence: Have you asked to I.O. of Keranigonj police station case no.34, dated on 31/12/2007?
Witness: No.
Defence: You have submitted the case to ICT – what was the date of the judicial order?
Witness: Order of Chief Judicial Magistrate-3 dated on 22/7/2010.
Lunch adjournment
Defence: Did you include the case of Keranigonj and Pollobi police station in Complaint Register-1?
Witness: No, only the events of the case of Pollobi Police Station.
Defence: You sent the case of Pollobi Police Station to ICT BD after being appointed in this case as I.O, is it true?
Witness: This is not true.
Defence: You took the charge of investigation of this case in 21-07-2010, am I right?
Witness: Yes.
Defence: What did you do on 21-07-2012 after taking charge of investigation?
Witness: I examined F.I.R of the case of Pollobi Police Station.
Defence: Whom did you first interview about this case?
Witness: I asked Amir Hossain Molla, Shafi Uddin Molla, Abdus Sattar, Mosammat Rekha, Rais Uddin Molla, Hazi Abdur Rauf Molla, Mosmmat Shahida Begum, Md. Rafique Bapari, Sadek Ulla Deoan, Kitab Ali Deoan, Dalil Uddin and Rahim Badsa in 16-08-2010 for the first time about this case and recorded their statements.
Defence: Where did you record their statement?
Witness: In Pollobi Police Station.
Defence:How did you know about the name and address of witnesses before examining them?
Witness: By our sources.
Defence:How many sources did you appoint?
Witness: 7 or 8 sources.
Defence:In which date did you examine witnesses after that?
Witness: After that we examined Md. Harun Matabbor, Md. Goeas Uddin, Md. Sador Ali Matabbor, Md. Mainuddin Mia, Md. Hosan Ali, Mohammad Muslim, Hazi Abdul Khalak, Alhaz Md. Kadom Ali Matabbor, Abdul Malek Baperi, Md. Hasem Molla, Kalachan Mia and Md. Wajul Haque in 28-09-2010 at Pollobi Police Station.
Defence:Did you question those 12 witnesses with the source calling them?
Witness: No, we took information by source and examined them after they were called by police.
Justice Fazle kabir: Mr. Toropder you have to submit a petition about the illness of your client Abdur Quader Mollah. Submit that before going.
Defence:Ok, My Lord.
Defence:Whom you examined after that?
Witness: After that we examined Mojaffar Ahmed Khan, Md. Anam Mia, Mosammat Romeja Khatun, Mosa Monowara, Mosammat Jomila Khatun, Mosa Mahmuda Begum, Mosa Angura, Mosa Fatema Begum, Monowara Begum, Habibur Rahman Khan, Md. Nazim Uddin Khan, Md. Moslem Uddin Khan, Taiub Hosan Khan, Md. Monsur Ali, Akhtaruzzaman, Rushmatun, Mir Jasim Uddin, Ansar Ali Khan, Hazi Md. Belaet Hosan, Nurul Islam, Morjina Begum, Rahim Uddin and Rajob Uddin in 15-01-2011 at Keranigonj Upazila Auditorium.
Defence:You recorded their statement whether by hand writing or by any electronic machine?
Witness: Firstly we recorded those by hand writing, after that those were composed by computer.
Defence:How many officers were there with you during the time of recording?
Witness: Three including me.
Defence: Say the name of the other two?
Witness: Z.M Altafur Rahman and S.M Edris Ali.
Defence: How many officers recorded the statement on 16-08-2010 and who are those?
Witness: Three. Md. Motiur Rahman, Md Nurul Islam and I.
Defence: How many officers including you recorded the statement in 28-09-2010 and who are those?
Witness: Two, I.O Monowara Begum and myself
Defence: How many witnesses’ statement did you record and how many did the other two officers record?
Witness: I am not able to say without seeing main manuscript.
Defence: The Case Diary which is in your hand, is not a complete Case Diary, is it true?
Witness: This is not true. This Case Diary is composed and a complete Case Diary. It is result of our team work.
Defence: Is there main Manuscript written by hand to you?
Witness: It is in my office.
Judge Shahinur Islam: Did you sign those statements as Investigation Officer after composing?
Witness: Yes.
Justice A.T.M Fazle Kabir: There must be name of officers who recorded the statement and date of taking statement must be in the Case Diary and investigation report.
Judge Shahinur Islam: How will they cross-examine if they do not know the date of recording statement?
Defence: It was upto you which officer took the statement of which person?
Witness: Yes.
Defence: Will you be able to bring those manuscripts in court and give evidence?
Witness: Yes.
Defence: Will you be able to mark which hand-writing is whose?
Judge Shahinur Islam: If not, it will be considered as flaw of I.O and you will get benefit for this flaw.
Justice A.T.M Fazle Kabir: Give them (Defense Counsels) copy of statement of witnesses signed by I.O.
Defence: Whose statement did you record after the date of 15-01-2011?
Witness: I recorded the statement of 14 witnesses after 15-01-2011 until submitting the investigation report.
Defence: Who are those 14 witnesses, and where and in which date did you record their statements?
Witness: I recorded the statement of Sopon Kumar Bissas and Md. Abdul Malek Hawlader in 14-09-2011 at National Museam, of Momenul Islam alias Mamun Siddique and Amena Khatun in 03-03-2011 at Liberation Museam, of Sayed Masubul Kabir and Md. Ezam Uddin in 23-10-2011 at Bengali Academy, of Md. Abu Hanif in 03-03-2011 at the office of Investigation Organization, Of Probir Vottacharjo and Opurbo Sharma in 21-05-2011 at Circuit House of Sylhet, Of K.M Saiful Islam in 29-08-2011 at a room besides the office of Vice-Chancellor, of Dr K.M Zakir Hosan Prodhan in 09-06-2011 at Sagor Publishers of Baili Road, of MD. Motiur Rahman in 16-03-2011 at Office of Investigation organization, of Monowara Begum in 25-10-2011, of Nurul Islam in 10-10-2011 and K.F Altafur Rahman in 05-06-2011 at office of Investigation Organization of ICT BD.
Defence: Did Monowara Begum who was appointed as I.O by your requisition, submit Supplementary Case Diary to you?
Witness: Yes.
Defence: How many witnesses were examined by Monowara Begum according to Supplementary Case Diary?
Witness: 10 witnesses.
Defence: Are those statements of ten witnesses given to you?
Witness: Yes.
Defence: How many statements of witnesses totally did you record in this case?
Witness: Total 48 until submitting investigation report. 40 people sighed in investigation report as witnesses.
Then the court was adjourned because Defense Counsel was feeling unwell.
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