The witness took his oath.Justice A.T.M. Fazle Kabir: Ok, the next hearing is on 10 September, 2012.
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.
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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