Sunday, February 17, 2013

5 Sep 2012: Mollah 9th witness cross exam, day 3

Cross Examination of the ninth prosecution witness Amir Hossain Molla, in the case of Mollah, continued with the defence lawyer Abdus Sobahan Torofdar asking questions (following on from the previous day's cross examination)
The witness took his oath.

Defence: Case number is 567/2009 in Atomic Power Commission co-operative for house building project, Duaripara in the court of Assistant Judge in Dhaka and you are the defendant of this case and there is a temporary prohibition on you. The case is under appeal division right now. There was also a G.D. against you in Pallabi thana and the G.D. number is 1919, dated on 23.10.2011.

Witness: I don’t know.

Defence: There was another G.D. against you which was done on 06.03.2012 as you wanted donation.

Witness: I don’t know.

Defence: In Pallabi thana, case no 16, dated on 04.04.2012, a charge sheet was formed against you.

Witness: I don’t know.

Defence: In Pallabi thana, case no 24, dated on 06.03.2012, a charge sheet was formed against you.

Witness: I don’t know.

Defence: When did you leave your profession of a farmer?

Witness: In 1994-95.

Defence: Did you get any compensation for the acquired lands?

Witness: Yes, my father got some money.

Defence: When did he get that money?

Witness: I don’t know.

Defence: How much money he got?

Witness: I don’t know.

Defence: Is your father Surjodari Molla alive?

Witness: No.

Defence: When and where he died?

Witness: He died in March, 2000 in a clinic.

Defence: Do you know that telling lies after taking oath in the dock is punishable?

Witness: Yes.

Defence: On the gate of your house there is a name-plate and it is written on it - Alhajj Amir Hossain Molla.

Witness: Yes.

Defence: Is it inside the acquired lands of Duaripara village?

Witness: Yes.

Defence: (Showed a picture) Is it the house i am talking about?

Witness: yes.

Defence: You did not get any allotment in the rehabilitation project.

Witness: It is inside the rehabilitation project and we did not get any allotment yet.

Defence: In 1971, Pakistani army set up a radar camp and a tank in Jondi in Mirpur.

Witness: Yes.

Defence: From that camp they used to fire towards your village.

Witness: Yes, they did firing on 24 April, 1971 in the southern side of Alobdi village.

Defence: Tell me the amount of cultivating land you had.

Witness: 22-23 bigha.

Defence: In how many sectors Mirpur was divided into?

Witness: There were 7 sectors in Mirpur in 1971.

Defence: You left your village on 22/23 March, 1971, where did you go?

Witness: In Birulia, Savar.

Defence: How far is Duaripara and Alobdi from Birulia, Savar?

Witness: Around 2 miles.

Defence: Do you know Shafiuddin Molla from Alobdi?

Witness: Yes.

Defence: He also left the village.

Witness: I cannot tell you about Shafiuddin Molla but most of the women left the village.

Defence: Did everyone leave the village?

Witness: Yes.

Justice A.T.M. Fazle Kabir: It has already been recorded.

Defence: Where did you take shelter?

Witness: We took shelter in my elder brother’s in laws house in Birulia, Savar.

Defence: Where did your cousins go?

Witness: I cannot say.

Defence: In your area there was only one season for borrowing paddy.

Witness: Yes.

Defence: How did you used to plough the land?

Witness: Through irrigation.

Defence: In which month?

Witness: In the Bengali month called ‘poush’.

Defence: When you used to cut the paddy?

Witness: In the beginning of the Bengali month called ‘Boishakh’.

Defence: Do you know where Abdul Kader Molla studied?

Witness: I don’t know.

Defence: After 16 December, 1971 to 31 January, 1972, the whole Mirpur area was under the Bihari regiment of Indian Army.

Witness: It is not right.

Defence: Did you know wounded warrant officer Mokhlesur Rahman?

Witness: I did not know him.

Defence: In which sector and under whom you fought as a freedom fighter?

Witness: At first, I was in sector 2 under Khaled Mosharraf and later I fought under A.T.M Haider.

Defence: Did you commander Helal Morshed?

Witness: I did not know him in 1971 but now I do.

Defence: Is there a water tank in Mirpur 12 no sector?

Witness: Yes, it was there in 1971 and it is still there.

Defence: In 30 January, 1971, these people took shelter in the water tank, do you know about it?

Witness: I don’t know.

Defence: Constable Wazed Ali Barki was the commander in 10 no platoon.

Witness: I don’t know.

Defence: After that Chan Mia was the commander of 10 no platoon.

Witness: I don’t know.

Defence: The commander of 12 no platoon was Momim and there were 56 police with him.

Witness: I don’t know.

Defence: The leader of those 56 police was the then S.P Ziaul Hauqe Lodi and Inspector Nurun Nobi.

Witness: I don’t know.

Defence: There was a bus station in Mirpur, do you know it?

Witness: Yes.

Defence: They fitted machine guns in that bus station.

Witness: I don’t know

Defence: There was a police check post in 12 no bus station.

Witness: I don’t know. There was a police check post in eleven and half.

Defence: While going towards the water tank there is a downwards slope.

Witness: Yes.

Defence: There is a mosque in Mislim bazaar.

Witness: After going 300-350 yards from water tank there is Muslim bazaar and the mosque is after that.

Defence: There was a head quarter of the Pakistani army in the north side of the water tank.

Witness: I don’t know.

Defence: There was a wall beside the water tank.

Witness: Maybe, I don’t remember.

Defence: Journalist Jahir Raihan was with SP Lodi in one side of the wall beside the water tank.

Witness: I heard that journalist Jahir Raihan visited Mirpur during the war but I don’t know with whom.

Defence: That force made an announcement and told the Bihari to surrender.

Witness: I don’t know.

Prosecutor Mohammad Ali: He already said that he did not know about this. He was in the hospital that time.

Defence: Please do not do this again.

Defence Counsel Ekramul Haque: The tribunal is reminding us about everything, our honourable prosecution does not need to interrupt.

Prosecutor Mohammad Ali: I am right.

Defence Counsel Ekramul Haque: You are always disturbing us.

Defence: Honourable Prosecutor has alerted the witness. This is not fair. There is a death sentence involved in this case and this is not an ordinary case.

Defence: When you went to hear the speech of Bangabandhu Sheikh Mujibor Rahman, who else was with you?

Witness: Osman Mia, Tara Mia, Fazal Haque, Mohiuddin, Nasir, Abul Hashem, Kalu Mia and many others were with me.

Defence: Are they alive?

Witness: No, they are dead.

Defence: You formed a voluntary group, are the members of the alive?

Witness: Except me and another person, everyone is dead.

Defence: How many members were in it?

Witness: 21 members.

Defence: The 21 people you mentioned, were they farmers?

Witness: Yes.

Defence: Were all of them from your village?

Witness: They were from both Alobdi and my village.

Defence: Tell the name of another alive member.

Witness: His name is Alfaz, he lives abroad.

Defence: Is the family members of the voluntary group alive?

Witness: Apart from 2/3 people, others are alive.
Justice A.T.M. Fazle Kabir: Ok, the next hearing is on 10 September, 2012.

Abdul Kader Molla: My Lord, today i needed to go to the hospital for my Diabetic check up but the jailer did not allow me. I have to take an appointment and meet the doctor. It would be better if the tribunal give the order or make a call. I had open heart surgery and my check up is necessary.

Justice A.T.M Fazle Kabir: You will get the chance as this is basic right.

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