During the defense closing argument, the tribunal considered the following defense application which was seeking copies of statements previously given by a number of the witnesses to a museum.
1. That on 07.10.2012, 16.10.2012 and 17.10.2012 this Hon’ble Tribunal recorded the deposition of P.W.-11 Monowara Begom as a part Investigating officer of the instant case.
2. That at the time of giving her deposition she admitted regarding recording the statement of P.W.-3 Momena Begom at a Pump House known as Jallad Khana situated at Mirpur-10 and she got information and particulars regarding Momena Begom on perusal of a Register kept in Jallad Khana museum.
3. That on 13.12.2012 a report has been published on Daily Naya Digato with the Heading of 1. “Charge against Abdul Quader Mollah and what is in the document of Executor’s house (Jalladkhana)”
4. That the above Jallad Kahana is a museum regulated under Liberation War Museum, Dhaka, Bangladesh.
5. That with the exertion of Liberation War Museum statements of more than 100 people has been collected with their audio and video record.
6. That among those statements about 50 statements are preserved in the Jallad Khana within 2 (two) Register for the purpose of perusing the same by the visitors.
7. That the First Register is containing statements of 20 victims or family members of victim, with the heading “Slaughter House of Jalladkhana- Information- Liberation war Museum”. It’s containing the charge of killing Khandakar Abu Taleb.
The relevant papers are annexed herewith and marked as Annexure-2 series.
8. That in this register statement of Khandaker Abul Ahsan (P.W.-5), son of Khandaker Abutaleb is preserved which was recorded by the Liberation War Museum. Statement preserved in the register of Museum is quoted herein below as made :
Name of Statement giver: Khandaker Abul Ahsan.
Relation with Martyred: son of Martyred Khandaker Abutaleb.
Age: 51 years.
Profession : Government job.
Educational qualification: H.S.C
Marital Condition: Married.
Name of wife: Gesmi Ara.
Profession of Wife: House-wife.
Adress: XXXX.
Phone: XXXX
Pakistani army has made me orphan and prevented me from calling my father as “Baba (father)” since long 36 years. They also made my mother insane and a widow. Absence of anyone makes a family helpless which best example is the family of Khandakar Abu Taleb.
My father was hardworker, responsible, helpful to other and free-minded. Practise of knowledge was his passion. Among my brothers and sisters, his behaviour was more friendly. But after lossing my father, we did not get enough privileges to study more. Our family condition was very bad. During liberation war, I used to send money to my mother and brother-sister by selling leaf of tea. I had not enough dress to wear. I had to study staying in the house of a relative in village for reason of economic miserable condition. My elder brother also endured many sufferings. He maintained our family after liberation war firstly by working in Ganokandho and after that he joined in Daily Observer at 1974. Bearing with huge sufferings, my mother left this world. We are alive thouse economic suffering is not ended. We have nothing to pray anything from anyone. Like all martyred families, we are praying to establish the dream country of the martyred."
9. That the heading of Second Register is “Name of Martyrs and their identity according to information which has been got after inaugurating Executor House (Jalladkhana)" which is containing two lists.
10. That the first list is containing 14 statements with the Heading “List of martyrs in Slaughty house of Jallaldkhna in Mirpur” and second list is containing 20 statements with the heading “ List of other martyrs”.
The relevant papers are annexed herewith and marked as Annexure-2 series.
11. That the second list is containing 3 charges brought against this Accused-Petitioner, those are as follows:
- 1. Hazrat Ali Laskar son of Kufuluddin Laskar
- 6. Meherunnesa daughter of Abdur Razzak
- 16 - Tuntuni Mia son of MD.Manik Sarder
12. That at the serial-10 Killing of Hazrat Ali (Charge-6) elaborately described and Statement of Momena Begom recorded by the Liberation War Musume as stated below:
Name of Statement giver: Momena Begum
Educational qualification: Five
Age: : 46 years.
Profession : House wife
Relation with Martyred: son of Martyred Khandaker Abutaleb.
Phone : xxx
Decription of occurrence:
In 1971, some Bengali families used to live with Biharis at Kalapani of Mirpur. Some Bengali families left Mirpur after 7th March 1971 because condition of the country was very confusing and dangerous. Some other families had not option to go another place, so they were in Mirpur. Family of Hazrat Ali is one of those families who could not go to another place.
Hazrat Ali Laskar was a tailor. His shop was in Mirpur. During leaving the area, all who left Mirpur told Hazrat Ali to go another place but he had no place to go. After starting genocide in the night of 25th March 1971, people of Biharis surrounded the house of Hazrat Ali Lasker at 7:00 am of 26 March and confined him. After some time, they brought his wife, two daughters and child son by confining and killed them, after killing they threw their dead bodies in pond of beside house. Biharis raped his daughter Amena Begum confining her in house and after that they also killed her and threw him in the pond. Older daughter of Momena Begum got rid of from it because he went to her father-in-laws house before two days of this occurrence. It is mentionable here that during killing, wife of Hazrat Ali Laskar was pregnant.
After some days, older daughter of Hazrat Ali Lasker was informed but she could not come home because at that time, condition of Mirpur was not good and was very much dangerous. After liberation war, she did not get anything after coming home. Again she went to her father-in-laws house taking his affected-mind.
After liberation war, Momena Begum got a cheque of 2 thounds taka from Bangabondhu Sheikh Mujib. Apart from this, she did not get any other assistance.
Now the physical condition of Momena Begum is not good and she is suffering from many physical problems. Her sons and daughters are unable to make treatment of her for the want of money. After taking her interview, she became senseless. Economic condition of her sons and daughters are not good. They maintained their family by working in shop of other as daily worker.
Comment of neigbour Siraj Uddin Vuiyan about Hazrat Ali Laskar:
Hazrat Ali Laskar was worker of Awami Shessasebok League. At that time, Chairman of Mirpur Kalapani was Harun Rasid Mollah. We arranged our meeting in garage of his house in Alopdi. I saw Hazrat Ali there. Harun Molla warned all there that condition of the country is not good, take shelter in safe place. Though Harun Molla and some respected people made a compromise with Bihari Akter Gunda that Bengali and Bihari will help one another but after 25th March 1971, people of Bihari had changed their face. Laskar believe Biharis but people of Bihari killed him and his son, daughter and wife.
Statement or interview taken by Jaheda Khatun Tamanna.
Date: 28.09.2007
13. That in this register Killing of Kobi Meherunnasa(Charge-2) stated and Statement of Kobi Kazi Rozi (P.W.-4) is recorded by the authority Liberation War Museum.
14. That in this Register Statement of Shahera is preserved, who was the prosecution witness; her statement was submitted to the Defence on 10.04.2012 by the prosecution as additional Defence Witness and later on the prosecution witness in the case.
15. That later on she has been examined as Defence Witness No.-4 and this Hon’ble Tribunal recorded her evidence on 02.12.2012.
16. That the statement of Shahera has been examined recorded by the authority of Liberation War Museum which is quoted herein below as made:
About Tuntuni, his brother and sister in law
Name of Statement giver: Saira Begum.
Husband Name: Late Fajar Ali.
Relation with Martyred: Sister in law of Martyred Tuntuni
Age: : 51 years.
Profession : Business of
Educational qualification: Illiterate.
Adress: XXX
After vote, arresting started. I gave vote. At that time, one of my son Faruq was five years old. Speech of Bangabondhu is in my mind. After that we could not stay in our house. For taking shelter, after moving many areas we came back to Dhaka. My brother in law Tutuni left house when we were at Savar because he was freedom fighter. After that he came to Savar to us one time but he only said, I am freedom fighter and I can’t stay sitting here. He knew that people of Bihari were searching him. For why, he came out for going India but he was caught by Biharis at Nababpur road. Some of them cut his leg, some of them cut his hand and by this way, they killed him.
If I joked with him about his marriage, he told me “I am involved with politics, my marriage will be in good environment”. He acted in a cinema in the name of “Ses Rater tara”. He used to act in drama. Tutuni led in the parade of his college. He told this after coming home. They had to run in that parade tying child with bally. He kept him always smart. There is a wrapper in his body like a poet. He was so good. He always used to move taking my son. Most the time, he used to stay outside of the house. After this long days, water comes in my eyes for him.
Statement taken by Sattojit Roy Mojumder. Date: 06-06-2008.
17. That it is stated that the documents as stated herein above are most pertinent documents for the instant case as the contents of those documents are the subject matter of the present case. It is further stated that the statements of 1. Khandakar Abul Ahsan (P.W.-5), 2. Momena Begom (P.W.-3) and 3. Kobi Kazi Rozi (P.W.-4) made earlier and maintained in the Register of the Jallad Khana (with Audio and Video record) are fully different form the statement made by the same persons in the court room in the self same occurrence which need to be looked into by this Hon’ble Tribunal to ascertain the truth and for proper dispensation of justice.
18. That the statements of the person mentioned herein above preserved into the said Liberation War Museum Registers are very much important document relating to the charges brought against the Accused-Petitioner.
19. That the accused could not obtained any certified copy of those documents from the concern authority despite their utmost endeavoured. The petitioner also could not bring any witness to prove those documents due to limitation of numbers of the witnesses.
20. That it is respectfully submitted that since the aforesaid documents are most pertinent documents for the instance case as the same are authenticated historical narratives made by the P.Ws. as well as D.W. and preserved by thee competent authority the same need to be brought before this tribunal to find the truth and arrive at a right decision in this regard toward securing ends of justice.
21. That it is respectfully submitted that unless the aforesaid documents are called for and looking by this Hon’ble Tribunal the petitioner will be highly prejudiced and will suffer irreparable loss and injury.
22. That in the aforesaid facts and circumstances The Two (2) Registers Containing statements of P.W. Khandakra Abul Ahsan, Kobi Kazi Rozi, Momena Begom and D.W. Shahera which have been recorded by the authority of Liberation War Museum and preserved in the aforesaid museum may kindly be called for.
Wherefore it is most humbly prayed that the Hon’ble Tribunal will be pleased to Call for The Two (2) Register namely “Slaughter House of Jalladkhana- Information- Liberation war Museum”.” and ““Name of Martyrs and their identity according to information which has been got after inaugurating Executor House (Jalladkhana)” (With the Audio and Video Record) under section 11(1)(C) of The International Crimes (Tribunals) Act 1973 read with 46A of International Crimes (Tribunal-2) Rules of Procedure, 2012 for the ends of justice.
The following order was passed by the tribunal
We have heard both sides. Seen and perused the application. Prosecution has already completed summing up of its case. The case is now at the stage of summing up of defence case. It appears that after conclusion of trial defence has come up with the instant application praying a direction to the museum of 'Mirpur Zallad Khana' for production of document (photographed copy annexed) filed therewith.
The said document has not been a part of documents submitted by the defende under section 9(5) ofthe Act. Defence has prayed as above pursuant to a report published in the 'Daily Naya Diganta' on 13 December 2013.
For the reasons stated above, at this stage the matter cannot be considered giving direction to the said museum as prayed for. However, the 'photographed copy' of the alleged document annexed with the application may be taken into due notice at the time of passing our final verdict,
With this observation, the application is disposed of.
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