Justice Obaidul Hasan said that an accused person has 2 capacities, when he is accused and another when he is defense witness. When he is accused, he gives explanation and when he is defense witness, he takes oath. If he does not take oath, then prosecution cannot cross examine him.
Chairman A.T.M Fazle Kabir asked whether there was any law in any country in the world which said that an accused person could not give evidence.
Mollah then continued to give his evidence (following on from the previous day)
Witness: The earlier mentioned people lived in narirpur union, p.s.-Sadrpur. In 1971, on 16th after the victory day, I was trying to come in Dhaka and I discussed with them as I was concerned about the hampering of my education. These 3 people advised me that there is not the proper time for me to go to Dhaka as ”nobody knows in Dhaka your participation, if you go, you can face any problem under this situation. We know your participation; so that you stay here. We will collect the information and Bongobondhu will come the country and all arms will be handed over to the Govt. Then life will be secured then after that you go to the Dhaka”. On the basis of their advice, I stayed at my house and sometimes stayed at Pir House and undertook business at Chouddoroshi Market. Then sometimes I also made contact with them.Adjournment for lunch
In the mean time, I got a letter from Hasan, Maksud and Abdul Hai a leader of Chatro League to go to Dhaka. In addition to this they stated that no allegation had been made against you and said that I should not spoil my study and come back to the Dhaka. Then after, I informed this to such 3 person of Faridpur. They said you can go but with proper information. What is the proof that such a letter was send by them?
In 1972 probably November/ December former Chairman Mr. Shajahan Talukder under police station Sadarpur Awamileague had come with me to Dhaka. In addition to this he drops me at Shohidullah gate hall. After the coming, student league leader helped me for get a seat in the hall and my admission. Because they were my classmates and I also helped them for their study. I was close with them.
In 1971, probably end of JulyJuly I got information by post and telegram from the Physics department in Dhaka University that “exam has been started if I could attend the practical exam”. I came to Dhaka at the end of July by this information and I started my living at my hall. I made practical class for 7 days. 2/3 days after the class has completed the interval was made for 3 days and practical exam was continuing for 2 days. After the practical exam I had gone to my house.
I can’t complete my MSC in Physics due to the reason of break of my study during the freedom fight. In 1974, I took admission in diploma in education (social science) at IER (institute of education and research). In 1975 I got 1st class 1st and completed the Diploma in education. I joined the Student Union during the former West Pakistan when I was class 8. Then after I studied at degree of 1st year then I studies on “comparison of Islam and communism” and then I understand about gratefulness of Islam and joined the Islamic Student Union.
This was a fact of 1966 in September. After this I worked with Islamic Student Union. I had studied at Dhaka University up to 1977. After the study I had served my job in Islamic Foundation before my result was published. Then after, I had served my job at BDR central school and college. I was acting principal of there. In 1974-1975 I had served teaching at Udayon School. I was a founder of Manarat School.
In 1979, in May Jamaet Islami Bangladesh had re introduced then after I had joined the Jamaet Islami. In the mean time the supporter of Jamaat Islami the daily Songram was re-published. I was an editor of education page of such newspaper during when I was Manarat. I was interested in Journalism due to this reason I was news editor of daily Songram and also I was trustee at Manarat School. In the mean time, I got a membership of Dhaka Journalist Union. In 1982-1984, I was co- chairman twice at Dhaka Journalist Union at the same time as continuing with my activities at Jamaet Islami. Probably in 1983, I became general secretary at Dhaka Metro Jamaet. In 1987 I was appointed as Amir of Jamaet Islami. I was member of central coridination committee. Due to member of central coordination committee, my friendship was constituted with present Prime Minister Sheikh Hasina and opposition leader Begum Khaleda Zia and many senior leaders in movement against Ershad’s regulation. In 1991 after the national election Awami league and BNP both of them had no adequate seat for forming a Govt. At first Awami league approached and sough support from us then we say if we support you but you can’t form Govt. because you don’t have enough seats. Secondly BNP approached and we made support with some conditions. Such conditions were that they formed a Parliamentary Govt. and election will be held under care taker Govt. Such 2 conditions should be added in to the Constitution. BNP approved and added in to the constitution Parliamentary Govt. but did not approve the concept of care-taker Govt. Due to this reason we had done movement with the Awamileague and the Jatiyo Party.
The evidence by Mollah continued.
During the time of movement for care-taker government , meeting of our opposite parties union was held in the house of Late Abdus Samad Azad and I attended in those meeting actively. Awami League leader Nasim was in responsibility of press briefing about next function of our movement after those meeting and I took those by noting and sent those to different newspaper by fax after coming in our office.Cross-examination Abdul Quader Mollah then was carried out by Prosecutor Mohammad Ali.
When movement became acute, during last time of 1996 B.N.P Government arrested me and Awami League leader Tofael Ahmed on the same day and sent us to Dhaka Central Jail. I got bail from jail probably after two weeks and our movement was going on. At a stage of our movement, B.N.P Government passed the bill introducing a Care-Taker Government in parliament. For the movement, a distance of Jamaat-e-Islami was created with B.N.P, as a result B.N.P and Jamaytee Islami participated in the election separately and Awami League won in that election.
After election, Prime Minister of that time Sheikh Hasina called me in his office and told me “We formed Government, now give us some advice”. When I went to the office of Prime Minister, present Home Minister and Chief Secretary of Prime Minister of that time Mohiuddin Khan Alamgir received me. Then I gave Prime Minister some constructive advices and she appreciated me for those advice. In the same manner, she called me another two times for same reason.
I think with whom I participated in the procession, meeting and different movements, they have filed false case against me only for serving political purpose after 40 years of liberation war. I had not any involvement with those charges which are brought against me and also at present. In the past 40 years, no charge was published against me and no complaint was presented to any authority against me. Charges brought against me are false, created in the fake way, fabricated and for fulfilling political purpose.
Prosecution: How many brothers and sisters do you have?After about 45 minutes of cross examination, Mollah asked if the cross examination could continue the next day.
Witness: We are 3 brothers and 6 sisters but now 3 brothers and 3 sisters are alive.
Prosecution: Say the name of your three brothers?
Witness: Older brother Ibrahim Mollah, then I, Abdul Quader Mollah and elder brother Muinuddin Mollah.
Prosecution: Who is the Chairman of Bhasanchar Union at present?
Witness: My elder brother Muinuddin Mollah.
Prosecution: How many times did you participate in the election of members of parliament?
Witness: 2 times.
Prosecution: You lost your security money in the both election, am I right?
Prosecution: In which year did you study B.S.C in Faridpur Government Rajenra College?
Witness: In the session of 1966-68.
Prosecution: You joined Chatra Songo, student organization of Jamaytee Islami, during the time studying in Rajendra college, am I right?
Prosecution: You were the president of Islami Chatra Songo of Rajendra College during the time of studying in that college, am I right?
Witness: Yes, in the last time of my college life.
Prosecution: You became the president of Dhaka Hall at that time, now Shahidulla Hall Islami Chatra Songo in 1970, am I right?
Witness: Yes, at that time our workers were only 13 in that hall.
Prosecution: Did you work as personal secretary of Professor Golam Azam?
Witness: Yes, I was appointed as personal secretary of Professor Golam Azam by the decision of Jamaytee Islami after his coming to Bangladesh in the last time of 1977.
Prosecution: When did Islami Chatra Songo become Islami Chatra Shibir?
Witness: Islami Chatra Shibir did not become Islami Chatra Shibir because Shibir is a new student organization.
Prosecution: Does Jamaat-e-Islami patronize Islami Chatra Shibir?
Witness: About ideological education, Shibir take advice from Jamaytee Islami.
Prosecution: When did you join in Shibir?
Witness: Shibir was established in February 1977. I joined Shibir in May 1977 and my student life was ended in that month.
Prosecution: Did you read the book “Jibone Ja Dehlam” written by Professor Golam Azam?
Witness: I did not read the whole book and I studied only those portions which were published in “Daily Songram” newspaper.
Prosecution: Is Dola Mia Pirshaheb alive now?
Witness: No, Dola Mia Pirshaheb is the elder brother of Ex-I.G.P of police and scientist Abul Hasnat Mohammad Ismail.
Prosecution: Is retired J.C.O Mofizur Rahman alive?
Witness: Most probably he is not alive.
Prosecution: Where was the house of Mofizur Rahman?
Witness: In our village Amirabad.
The tribunal then asked the defense to bring the next witness the following day and said that there would be no adjournments allowed in the defense case.