Chairman: Mr. Shohidul Islam, are you the 'staff reporter'?
Shohidul Islam [Reporter, Daily Sangram]: No, I was not the staff reporter.
Chairman: What can I say? The editor of Daily Sangram is too old. We have called him to this Tribunal previously. May we expect that you all will be careful when publishing the report? It makes us feel bad to see these sorts of reports, though it is obviously unlawful also. We are not very interested to take action against anyone under section 11(4) of ICT Act. But is it justifiable to talk like this way? We expect that- you will publish a correction of this report.
Shohidul Islam: My Lord, could you please highlight what part to correct?
Chairman: Go to your office and check and read the report and you will get what would be corrected.
Zeyad Al Malum: My Lord, I have highlighted the paragraphs in my copy, I would like to give it to Mr. Shahid with the permission of your Lordship.
Chairman: Okay give it to him.
The chairman then started dealing with some applications
Chairman: The first application deals with the case of Ghulam Azam and asks the tribunal to accept the question asked to the investigation officer about the meaning that Bangabandhu had given to the word 'liberation' As it has already been discussed that the question is irrelevant, so it is rejected.
The next petition is an application seeking the cancelation of all proceedings as Delwar Hossain Sayeedee has not been given the chance to explain himself. 'Now tell me have you seen anything like this in any of the Tribunals over the world? There is no precedent like this. It is rejected. You will get the chance to raise the matter during the appeal.'
The tribunal then moved onto continuing (from the previous day) with the closing argument of Delwar Hossain Sayedee .
Charge-14 That during the last part of the liberation war you led a team of Razakar Bahini consisted of 50 to 60 in the morning of the occurrence in a planned way you attacked Hindu Para of Hoglabunia under Indurkani Police Station. On seeing them Hindu people managed to flee away but Shefali Gharami the wife of Modhu Sudan Gharami could not flee away, then some members of Razakar Bahini entering into her room raped Shefali Gharami. Being the leader of the team you did not prevent them in committing Rape upon her. Thereafter you and members of your team set fire on the dwelling of houses of the Hindu Para of village Hoglabunia resulting complete destruction of the Hindu civilians. The act of destruction of houses in Hindu Para by burning in a large scale is considered crime of persecution on religious grounds and the act of raping both as crimes against humanity. Thus you have committed the said crimes of punishable under sections- 3(2)(a) and 3(2)(g) and 3(2)(h) of the Act.
PW-23 Modhu Sadan Gharami (Page-2)
PW-1 Md. Mahbubul Alam Hawladar (Page-2)
PW-3 Md. Mizanur Rahman Talukdar (Page-3)
PW-4 Md. Sultan Ahmed Hawladar (Page-3)
PW-5 Md. Mahtab Uddin Hawladar (Page-1)
PW-9 Altaf Hawladar (Page-1)
PW-12 MP AKM Awal (Page-3)
Ext- 36, 37 (Sketch Map & Index) Ext- Mat- (xii) (Video & Still Image)
Charge-15
That during the last part of the liberation war, 1971 you led 15/20 armed Razakrs under your leadership and entered into the village Hoglabunia under Indurkani Police Station caught 10 Hindu civilians namely Toroni Sikdar, Nirmol Sikdar, Banikanto Sikdar, Horolal Sikdar, Prokash Sikdar and others. You then tied all of them with a single rope with intent to kill and dragged them to Pirojpur and handed over them at the Pakistan Army where they all were killed and the bodies were thrown in the river. This conduct was directed against a population with intent to destroy religious group which is genocide. Thus you have committed the said crimes of punishable under sections- 3(2)(c)(1) of the Act.
PW-23 Modhu Sadan Gharami (Page-2)
PW-3 Md. Mizanur Rahman Talukdar (Page-3)
PW-1 Md. Mahbubul Alam Hawladar (Page-2)
PW-4 Md. Sultan Ahmed Hawladar (Page-1)
PW-5 Md. Mahtab Uddin Hawladar (Page-1)
PW-6 Abdul Manik Poshari (Page-1)
PW-9 Altaf Hawladar (Page-1)
PW-12 M.P. AKM Awal (Page-3)
Ext- 259 Anil Chandra Mandal (Page- 2647)
Ext- 264 Ajit Kumar Shil (Page- 2694-95)
Ext- 36, 37 (Sketch Map & Index)
Ext- 9, 10, 11 Bhorer Kagoj, 4th November, 2007 Ext-Mat- (xii) (Video & Still Image)
Charges-16
That during the time o liberation war in 1971, you led a group of 10/12 armed Razakars and peace committee members and surrounded the houses of Gowranga Saha of Parerhat Bandar under Indurkani Police Station. Subsequently you and others abducted i) Mohamaya ii) Anno Rani iii) Komol Rani the sisters of Gowranga Saha and handed over them to Pakistani Army Camp at Pirozpur where they were confined and raped for three days before release. You are directly involved in abetting the offence of abduction, confinement and rape as crimes against humanity. Thus you have committed an offence of abduction, confinement and rape which are punishable under section- 3(2)(a) and 3(2)(g) of the Act.
PW-13 Gourango Chandra Saha (Page-1)
PW-1 Md. Mahbubul Alam Hawladar
PW-3 Md. Mizanur Rahman Talukdar
PW-4 Md. Sultan Ahmed Hawladar
PW-5 Md. Mahtab Uddin Holder
PW-6 Abdul Manik Poshari
Ext- 264 Ajit Kumar Shil (Page- 2647)
Ext- 6 Daily Janakantha, 5th March, 2007
Ext- Mat (xii) (Video & Still image)
Charge-17
That during the time of liberation war in 1971 you along with other armed Razakars kept confined Bipod Saha’s daughter Vanu Saha at Bipod Saha’s house at Parerhat under Indurkani police station and regularly used to go there to rape her. This was committed by force or by threat and directed against a civilian population. Thus you have committed an offence of Rape under section 3(2)(a) of the Act.
PW-4 Md. Sultan Ahmed Hawladar (Page-3)
PW-3 Md. Mizanur Rahman Talukdar (Page-3)
PW-5 Md. Mahtab Uddin Hawladar (Page-3)
PW-12 MP AKM Awal (Page-3)
Charge-18
That during the liberation war, Vagirothi used to work in the camp of Pakistan Army. On one day after a fight with the freedom fighters and at the instance of you, said Vagirothi was arrested on charge of passing information to the freedom fighters and was tortured and then after taking her to the bank of river Boleswor she was killed and the dead body was thrown into the river. Thus you have committed an offence of abatement of torture and murder under section- 3(2)(a) (g) of the Act.
PW-12 MP AKM Awl
Ext- 267 Ganesh Chandra Saha
Ext- 9,10, 11 Bhorer Kagoj, 4th November, 2007
Ext- 24,28-24/2.28/2, 48, 48/1, 48/2 Bangladesher Shadhinot Juddho Dolil Potro, 8th Part, Page- 385-386
Charge-19
That during the period of liberation war starting from 26-3-1971 to 16-12-1971 you being a member of Razakar Bahini by exercising your influence over Hindu community of the then Pirozpur Subdivision (now Pirojpur District) converted the following Hindus to Muslims by force namely 1) Modhusudan Gharami 2) Kristo Saha 3) Dr. Ganesh Saha 4) Azit Kumar Shil 5) Bipod Sakha 6) Narayan Saha 7) Gowranga Saha 8) Sunil Pal 9) Narayan Pal 10) Amulya Haldar 11) Hari Roy 12) Santi Roy 13) Fakir Das 14) Tona Das 15) Gouranga Saha 16) his father Haridas 17) his mother and three sisters 18) Mahamaya 19) Annorani and 20) Kamalrani and other 100/150 Hindus of village Parerhat and other villages under Indurkani Police Station and you also compelled them to go the mosque to say prayers. The act of compelling somebody to convert his own religious belief to another religion is considered as an inhuman act which is treated as crimes against humanity. Thus you have committed the said crimes punishable under sections – 3(2)(a) of the Act.
PW-23 Modhusudan Gharami
PW-13 Gourango Chandra Saha
PW-2 Ruhul Amin Nobin
PW-3 Md. Mizanur Rahman Talukdar
PW-4 Md. Sultan Ahmed Hawladar
Ext-6 Daily Janakantha, 5th March, 2001 Ext-Mat (xii) (Video & Still image)
Ext-264 Ajit Kumar Shill
Charge 20
That one day in the last part of November, 1971 you got the information that thousands of civilian people were fleeing to neighbor country India in order to save their lives. Then under your leadership a Razakar Bahini consisting of 10/12 armed forces in a planned way attacked the house of Talukdar Bari in the village Indurkani under Indurkani Police Station and detained total 85 persons and looted away goods therefrom. Then you dragged them to local Razakar camp. Except 10-12 persons, the rest of the persons were released on taking bribe negotiated by Fazlul Haq a member of Razakar Bahini Male persons were tortured and female persons including Dipali, daughter of Khagendra Nath Saha Talukdar of Rajbalav Saha and others were raped by Pakistani Army deployed in the Camp. You directly participate in the acts of abduction, torture and abated the offence of rape which falls within the purview of the crimes against humanity. Thus you have committed the said crimes punishable under section- 3(2) (a) of the Act.
Ext- 9,10,11 Bhorer Kagoj, 4th November, 2007
Ext-Mat (xii) (Video & Still Image)
In relation to charge-18 Haider Ali mentioned the deposition of Gonesh Chandra Saha
who was later on became a defense witness (DW-17). Then court asked learned
prosecutor Mr. Haider Ali to also read out the deposition of Gonesh Chandra
Saha which he gave as DW-17. Haider Ali read this out then Justice Nizamul Huq
asked some questions.
Nizamul Huq: In the deposition of Gonesh Chandra Saha (which he gave to the IO) he said that, ‘he heard from many people that Sayedee had killed his mother’ isn’t it?
Haider Ali: Yes. It is.
Mizanul Islam: And the deposition which he gave as DW-17, he said that her mother is killed by Pakistani Army.
Haider Ali:
Yes.Nizamul Huq: In the deposition which is given by the IO, you said that the age of Gonesh Chandra Saha was only 3/4 isn’t it?Haider Ali: Yes.
[During the reading of the argument the Prosecutor has stated that-defence has cited the matter for withdrawing the name of Ganesh Chandra Shaha from the points of argument of the Prosecution as he has been cited by the defence. Then the Chairman has asked that- what is the authority to withdarw the name of Ganesh Chandra Shaha, file a petition. Then the defence counsel Ahsanul Haque Hena has stated that- a witness could be brought both by the defence and the prosecution, it is found in a decision in the case of Indian Supreme Court. Then the Chairman has asked for the refence and required him to bring the reference on the next day.]
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