Sunday, February 17, 2013

22 Oct 2012: Molla 12th witness cross exam day 3

Abdus Sobhan Torafder continued his cross examination of the investigation officer, Abdur Razzak Khan, following on from previous day
Witness: Taken on oath.

Defence: You have submitted statement of Uncle Shohidul Haque to chief prosecutor on 4/7/2012.

Witness: Yes.

Defence: You have given false statement about such submitted date on oath.

Witness: It is not true.

Justice Obaidul Hasan and Judge Shahinur Islam both got annoyed at the defence for alleging that the investigation officer is a habitual liar.

Defence: Whose statements have you submitted to the chief prosecutorthrough a letter on 1.4.2012?

Witness: Khondokar Abul Hasan,Sahera,Soiod Shohidul Haque. [He adds that, on 1.4.2012 prosecutor Md. Ali have taken a statement of witness unofficially and after that I have forwarded such statement of witness to the Chief Prosecutor]

Defence: Have you mentioned any date when you forwarded the statement?

Witness: No.

Defence: On 4.7.2012 you have taken a witnesses’ statement and submit to the Chief Prosecutor, have you mentioned the date?

Witness: Yes.

Defence: You have not mentioned such dates in your case diary.

Witness: 1.4.2010 is the date I have mentioned in case diary.

Defence: After Mozzaffar Ahmed Khan as prosecution witness one gave his evidence, then you submitted statement of Abdul Mozid Paloan to the chief prosecutor.

Witness: It is not true.

Defence: How many accused you have mentioned in your investigation report?

Witness: One person.

Defence: How many witness you have mentioned in your investigation report?

Witness: 17.

Defence: how many witnesses in Keranigonj ,ghotarchor area among such 17.

Witness: Mozaffar Ahmed khan ,Toib Ali and Rukhsana Khatun Nesa.

Defence: Who are the remaining 14?

Witness: Sokhina,Julfikar Ali,Sheikh Sohidul alias Bachchu,Momena Begum, Dr. M.A. Hasan,Hossain Aftab Chowdhury, MD. Amir Hossain Molla, MD. Shofi uddin Molla, Abdus sattar molla, Ms. Rekha, Md. Join uddin, Hazi Abdur rouf molla, Ms. Shahida Begum and Rafiq Bepari.

Defence: you have not mentioned any other statement of witnesses until you have deposited the investigation report?

Witness: Yes.

Defence: You state in your chief, you have joined the investigation institution of ICT.what you had done before this?

Witness: I was an inspector of C.I.D, Bangladesh Police.

Defence: How many zones are there in Dhaka?

Witness: 4 zones. such as east, west, north, south.

Defence: which zone you had in?

Witness: North.

Defence: When you had joined this job?

Witness: Most probably in may in 1997, I had joined in C.I.D.

Defence: Do you get any information what about Martyr Pollob alias Tuntun had done in 1971?

Witness: He was a student of Mirpur Bangla College.

Defence: Where he lived with his family during that period?

Witness: House no.8, road-4, lane-7, block-b, section-11, Mirpur, Dhaka.

Defence: Who were in his family?

Witness: They were 5 brothers; they lived altogether with their father and mother.

Defence: Whom in the family did you question during your investigation?

Witness: Sahera, who is sister in law (brother’s wife) of Martyr Pollob alias Tuntun.

Defence: you stated that, he was a student of Mirpur Bangla College; did you go such college during investigation?

Witness: No.

Defence: Do you collect any written document that he was a student of Mirpur Bangla College?

Witness: No.

Defence: Did you ask the neighbor of Martyr Pollob alias Tuntun?

Witness: No, because no one is lived there now.

Defence: When did leave your office for interviewing Sahera. Please tell by seeing case diary?

Witness: 11.20am

Defence: Where have you recorded her statement?

Witness: Jolladkhana, Mirpur.

Defence: have you given any notice to the Sahera before she has been asked?

Witness: No.

Defence: I suggest that, there is no old address of martyr in martyr list at Mirpur Smritipith Museum.

Witness: I don’t know that.

Defence: Have you mentioned that in your Case Diary?

Witness: No.

Defence: You stated in your examination in chief, that you have inspected the Vaolkhan Bari, and Ghaterchor. Did you question any person other thatn Nurjahan Begum about such Genocide?

Witness: Yes.

Defence: Who were questioned?

Witness: Toiob Ali and Rukhsana Khatun were questioned; they were belonging to martyr family.

Defence: Do you find out how many families were destroyed in 1971?

Witness: I cannot but how many people were killed I ascertained such thing.

Defence: Do you take any step for ascertain how old Nurjahan was in 1971?

Witness: No, I can’t but when she has given her statement that time, she said, she was 13 in 1971.

Defence: Dis you seek the NID card from Nurjahan Begum?

Witness: No.

Defence: Do you look at the voter list in this area for ascertain Nurjahan’s age?

Witness: No.

Defence: Where was the village of Nurjahan Begum?

Witness: Ghaterchor, Khalpar.

Defence: Have you gone Khalpar for your investigation?

Witness: Yes.

Defence: Which date did you go to Khalpar and when?

Witness: I have started my journey at 10.30am on 30/6/2012 and have reached to Nurjahan’s home at 11.40 am.

Defence: What was Nurjahan’s home boundaried by?

Witness: This issue is not recorded.

Defence: How far away from Nurjahan’s home was the place of Genocide?

Witness: Probably 5 k.m far away from Nurjahan’s home

Defence: What have existed around the so called place of occurrence of Ghaterchor?

Witness: I have gotten from my investigation that, north- Ghaterchor Idgah field, south- surgeon Billal Morshed’s house, west-a shop of cloths of Topu Mia, east-Ghaterchor primary school.

Defence: How far away was Dr. Joynal’s house from the place of occurrence?

Witness: I don’t know. Because I did not go the house of Dr. Joynal’s but I served a notice.

Defence: Are there any other family members of Mr.Joynal?

Witness: I don’t know that.

Defence: What was the way for going from Dhaka to Ghaterchor?

Witness: it have not been mentioned in Case diary.

Defence: How far away was the village of Ghaterchor?

Witness: it have not mentioned in Case diary.

Defence: Dr. Joynal’s house is situated in which direction of Ghaterchor village?

Witness: I can’t say it.
Adjourned for lunch

Defence: How many places of occurrence did you find in Vawalkhanbari village?

Witness: 3 places.

Defence: In which side of Vawal Khanbari the 2nd place of occurrence is situated among three places?

Witness: In Manohoria village.

Defence: What were in east, west, south and north side of 2nd occurrence place during investigation?

Witness: In the east and west metalled road, in the south a bridge and two living houses, and in the north a tarred road.

Defence: Where is the 3rd place of occurrence?

Witness: Ghaterchar.

Defence: You have said falsely that there were three places of occurrence in Vawalkhanbari, is it true?

Witness: This is not true. There are three occurrence places in Keranigonj, those are Ghaterchar, Manoharia and Vawalkhanbari.

Defence: How far and in which side is Ghaterchar situated from Vawalkhanbari?

Judge Shahinur Islam: This question is already gone.

Defence: How far and in which side is Manoharia situated from Vawalkhanbari?

Witness: 200 yards far in east side.

Defence: Manoharia village is divided in three parts, those are Vawal Manoharia, Big Manoharia and Small Manoharia, is it true?

Witness: This is not true.

Defence: What did you find on four sides of place of occurrence which is in Manoharia during investigation?

Judge Shahinur Islam: This question has been already gone.

Defence: Did you ask anyone about, what was the geographical position of place of occurrence during that time?

Witness: I did not find anyone whom I could ask.

Defence: Your described three occurrence-places are not real places but you have made them up in your mind, is it true?

Witness: This is not true.

Defence: How far and in which side Vawalkhanbari is situated from the house of P.W.1 Mojaffar Ahmed Khan?

Witness: The house of P.W.1 Mojaffar Ahmed Khan is situated in Vawalkhanbari village.

Defence: Within which Union Parishad were those three occurrence places during the time of investigation?

Witness: I don’t know. This is not in my Case Diary.

Defence: How many days did you take to observe those three places of occurrence?

Witness: One day.

Defence: You observed those places alone and no one was with you, is it true?

Witness: This is not true. Other I.O of this case Z.M Altafur Rahman and S.M Edris Ali were with me.

Defence: How did you go to the place of occurrence during investigation?

Witness: We went there with our government car by the highway.

Defence: When was that highway, by which you went to the place of occurrence, constructed?

Witness: I don’t know.

Defence: That highway was not there during the time of the occurrence, am I right?

Witness: I don’t know.

Defence: Within which Union Parishad were those three occurrence places during the time of occurrence?

Witness: I don’t know. This is not in my Case Diary.

Defence: Did you examine U.P chairman and member of those areas during investigation?

Witness: No.

Defence: You examined the witness of those occurrence places Abdul Majid Palwan and Nurjahan and recorded their statement as fake witness, is it true?

Witness: This is not true.

Defence: Did you ascertain whether there was any other freedom fighter apart from Mojaffar Ahmed Khan in those three stated areas?

Witness: Yes.

Defence: How many freedom fighters did you get in those areas and who are they?

Witness: Md. Shahjahan, Md. Siddiqur Rahman, Mahfujul Alam Chowdhury, Md. Awolad Hosan, Maen Uddin Shiekh, Md. Shahjahan Faruque, Md. Rahmant Ulla and many others.

Defence: Did you get in which school and in which class was P.W.1- Mojaffar Ahmed Khan during the time of occurrence?

Witness: It is not in my Case Diary.

Defence: Did you ascertain that what was the profession of witness Nurjahan during the time of investigation?

Witness: She was a house-keeper.

Defence: Did you ascertain that what was the profession of witness Abdul Majid Palwan during the time of investigation?

Witness: It is not in my Case Diary.

Defence: At what time and which date did you go for looking at Alokdi village of Mirpur?
Witness: on 16-08-2010 at 13:40.

Defence: How far and in which side Alokdi village is situated from Pallobi Police Station?

Witness: May be 7/8 km far in the north side.

Defence: How far and in which side Turag River is from Alokdi village?

Witness: May be 8/9 km far in the West side.

Defence: How far and in which side Turag River was situated from Alokdi village during the time of occurrence?

Witness: I did not ascertain it and it is not in my Case Diary.

Defence: Did anyone go with you in observing Alokdi village from your office in the date of 16-08-2010?

Witness: Yes, I.O Motiur Rahman and Md. Nurul Islam.

Defence: At what time did you start to go from your office to Alokdi that day?

Witness: At 9:00 am.

Defence: Did you make any sketch map of Alokdi village?

Witness: Yes.

Defence: In which date and time did you reach in Alokdi village?

Witness: In 16-08-2010 at 1:40 pm.

Defence: In which time did come back in your office?

Witness: At 1:40/45 pm.

Defence: Is there any canal in the north side of Alokdi village?

Witness: It is not in my sketch map.

Defence: What is in the north side of Alokdi according to your sketch map?

Witness: Ring well or a hole.

Defence: Did you ascertain whether there was any canal in the north side of Alokdi village or not during the time of occurrence?

Witness: No.

Defence: Did you ascertain whether there was paddy field or not during the time of occurrence in the north side of Alokdi village?

Witness: No.

Defence: Did you investigate whether there was any village or not in the south side or south-east side of Alokdi village during the time of occurrence?

Witness: No.

Defence: Did you investigate about, what was in the west side from Alokdi village to Turag River?

Witness: Open or empty field (In local language “Chatak”).

Defence: What was in the east side of Alokdi village during the time of occurrence?

Witness: Open or empty field (In local language “Chatak”).

Defence: In which date did you go to Duaripara village during the time of investigation?
Witness: In the date of 16-08-2011.

Defence: Did you make any sketch map of Duaripara village during the time of investigation?

Witness: No.

Defence: How far and in which side Duaripara village is situated from Pallobi Police Station?

Witness: May be 6/7 km far in the west side.

Defence: At what time did you leave your office to go to Duaripara on 16-08-2011 and who were with you?

Witness: I and my companion Altafur Rahman started to go to Duaripara at 10:00 am and reached there at 12:40 pm.

Defence: What did you do after reaching in Duaripara?

Witness: We went to Duaripara for examining whether Quader Mollah lived in Duaripara or not. We got information from the statement of Momena Begum (Daughter of Shahid Hazrat Ali) and Sakina BBegum (Daughter of Khandoker Abu Taleb) that Quader Molla lived in Alokdi village during the time of occurrence.

Defence: When did you come back to your office from Duaripara?

Witness: At 10:20 pm.

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