5 Aug 2012: Molla 6th witness cross exam, day 1

OUT OF SEQUENCE POST

Tribunal Two

Misc

Defense Counsel Abdur Razzak first raised an issue that there was a mistake made by the son of Mr. Quader Mollah in that he only took the signature of the jail authority officials not the signature of Quader Mollah for the Wakalanama relating the transfer of accused to Dhaka Central Jail. He also said that his signature is also needed to authorize the new counsel Abdus Sobhan Talukdar. He asked if he could get their signatures

After that, Mr. Abdur Razzak submitted an application to the tribunal regarding the alleged contempt of Sayeda Sajeda Chawdhury and 27 August was given as the date for hearing this.

Cross examination

The cross examination of Md. Shafiuddin Molla, the sixth witness giving evidence against Molla, continued - following on from previous day

Defence: You have said on that last date that you were a voter in the election of 1970. Are you also a voter at present?

Witness: Yes, of course.

Defence: Did you participate in the election which had happened recently?

Witness: Yes.

Defence: Is the information mentioned in the voter list correct?

Witness: Yes.

Defence: See one copy of the voter list. Is the information regarding your name and address in serial no.: 2220 correct?

Witness: Yes.

Defence: Here your date of birth is 24/11/1953 and occupation is business.

Witness: My date of birth is wrong here.

Defence: Have you submitted any documents or papers related to your date of birth to the tribunal?

Witness: No.

Defence: You said in your statement that you voted at that time. But, I am saying you didn’t participate in any election then. You are telling lie.

Witness: I have told the truth, I voted.

Defence: Which village was on the north of Alobdi village?

Witness: On north side, there was a vast rice field. There is a village far on the north, around 5 km far after the rice field, but I can’t say the name of that village.

Defence: Which village was on the south?

Witness: Duaripara village and Botanical Garden.

Defence: Which village was on the east and how far in km?

Witness: Digun village, about 200 yard far from our village.

Defence: On the west?

Witness: There was a paddy field on the west and Savar Thana after the paddy field.

Defence: Which side of the Albdi village was straight?

Witness: It was straight on North-South.

Defence: What was the length of your village on North-South?

Witness: About 1.25 miles.

Defence: In which side was your home?

Witness: On the west, in the middle of the village.

Defence: Were there many houses on the north side of your house?

Witness: Yes.

Defence: How many brothers and sisters do you have?

Witness: We are 4 brothers and 3 sisters.

Defence: Were all the brothers alive then?

Witness: They were alive then and they are also alive now.

Defence: Who is the eldest of them?

Witness: I am the eldest.

Defence: Please tell your brother’s name by seniority?

Witness: Altaf Uddin Mollah, Nasir Uddin Mollah, Sharif Uddin Mollah.

Defence: Are all of them educated?

Witness: Yes.

Defence: How much junior is your immediate brother from you in years?

Witness: 12/13 years junior.

Defence: What is the educational qualification of Altaf Uddin Mollah?

Witness: He studied up to Class X.

Defence: Describing the death of your uncle Nabi Uddin Mollah did Altaf Uddin Mollah write any book about Liberation War on him?

Witness: I don’t know.

Defence: In which high school had you studied?

Witness: In Adarsha High School at Mirpur – 10.

Defence: In which year did you complete your study?

Witness: In 1972.

Defence: Accused Abdul Quader Mollah studied in which school or college, dont’t you know?

Witness: No, I don’t know.

Defence: From which direction did one enter in the Alobdi village from the main town/Dhaka?

Witness: From East side.

Defence: Wasn’t there any way from other 3 sides to enter the village?

Witness: There was a way by river from the west side.

Defence: Was the road, which was on the east, made of soil?

Witness: Yes.

Defence: There was no vehicle moved up to your village.

Witness: Yes.

Defence: You were not connected with any political party in 1970.

Witness: This is not true.

Defence: You had a business as a grocer at that time.

Witness: This is not true.

Defence: How many brothers did your father have?

Witness: They were five brothers – the eldest brother was my father, then Habibulla Mollah, nabiullah Mollah, Abdus Sobhan Mollah, [xxxx] , and Shirajul Mollah.

Defence: What did your father and other uncles do?

Witness: They all cultivated their lands.

Defence: What was the distance of the cultivable lands on the north side from your home?

Witness: It started from 300/400 yards away to five miles north.

Defence: You told about a bush under which you hid yourself. On which side of the cultivable lands was that?

Witness: On the north side of our village where the houses had been finished, a little far from those houses.

Defence: Inside the bush, where you had hidden yourself, from there nothing was visible except the southest home, am I correct?

Witness: Yes.

Defence: What was the depth of the hole where you hid yourself?

Witness: About 4 feet depth from the soil level.

Defence: What was your height at that time?

Witness: Same as today; may be a little more or less.

Defence: Whether the hole was natural or manmade?

Witness: Manmade.

Defence: How many people were cutting rice in the rice field spreading 5 miles in north side?

Prosecutor objected to such type of questions.

Witness: There were people, but I can’t say the exact number. ….. I haven’t understood your question. At the time of Fazr, no people were cutting rice, subsequently; all became busy with their own lives.

Defence: Much rice was pending to be cut in east side.

Witness: Rice was pending to be cut in all sides.

Defence: How high were the rice trees?

Witness: A person could hide himself standing within the rice trees.

Defence: Were such high trees on west side also?

Witness: Yes.

Defence: You didnt see anything from inside the bush as there were long rice trees on all sides?

Witness: This is not true.

Defence: Your uncle was killed by the Pakistani army inside your house and after that, he was burnt using bundles of dry grains.

Witness: My uncle was killed in line with the other people. No incident of burning his dead body with dry grains was happened.

Defence: How many members of your family were killed by Pakistani army?

Witness: Only my uncle.

Defence: Whose homes were situated surrounding your home?

Witness: There were the homes of Lalu on the north side, Razzak Master on the south side, Jinnat at east side, and [another] on west side.

Defence: Where was the home of Advocate Jahiruddin?

Witness: I don’t know. We were then students.

Defence: Whether Advocate Jahiruddin was Bengali or non-Bengali?

Witness: I can’t say.

Defence: Did Advocate Jahiruddin go to your village for election campaigning?

Witness: He went to our area, but because of bad condition of road, he didn’t go to our village.

Defence: Did you talk to him at that time?

Witness: I saw him, but didn’t talk.

Defence: Did you see him to talk to others?

Witness: As we were little, so didn’t note that.

Defence: Advocate Jahiruddin was non-Bengali.

Witness: I don’t know.

Defence: At that time, the non-Bengalies of Mirpur also canvassed in favor of him.

Witness: This is not true.

Defence: Advocate Jahiruddin won the election of 1970 with numerous votes.

Witness: Yes.

Defence: Mirpur was not as populous as it is now.

Witness: Yes.

Defence: In Mirpur, the distance between houses was large and there were woods between them.

Witness: In west side of Mirpur, the distance between houses was huge and there were bushes between them.

Defence: The communication between the people of town areas was not a lot within Mirpur.

Witness: The communication occurred as per needs.

Defence: The communication of the people in the town areas with your village was also not very much

Witness: We came to town and the people of town went to our village as required

Defence: You told, there were low lands beside your village. How low were those lands?

Witness: I didn’t measure that. I can’t tell exactly.

Defence: There was no way of travelling except using boats in your village at the time of rainy days.

Witness: Yes.

Defence: The flood water existed for few months of the year. Then the rice fields went under water.

Witness: No rice was grown at the time of water. Boro rice was grown in dry season. Rice was grown once in a year.

Defence: Did you hear any speech of Advocate Jahiruddin regarding election campaign?

Witness: No.

Defence: Did Advocate Jahiruddin make any election campaign in or beside your village?

Witness: I can’t remember.

Defence: Were all members of your family inside the house on 24th April, 1971?

Witness: With my father and uncles we were inside the home.

Defence: Are you now connected with politics?

Witness: No.

Defence: Are your father or uncles now connected with politics?

Witness: Two of them are alive now, and they are not connected with politics.

Defence: Are your brothers now connected with politics?

Witness: One brother Altafuddin Molla may do BNP politics.

Defence: How many children has your uncle Nabiulla Molla?

Witness: 4 sons and 2 daughters.

Defence: Tell the names of his sons from seniority.

Witness: Andesh Ali Molla, Obaydul Molla, Ainulla Molla and Ajijulla Molla.

Defence: Are all of them alive?

Witness: Yes.

Defence: Are those four connected with politics?

Witness: No.

Defence: How many members of your family now are connected with politics?

Witness: Only my brother Altafuddin Molla.

Defence: How many members of your family were connected with politics in 1971?

Witness: Only I was the activist of Chhatra League. The remaining all only supported Awami League.

Defence: Have you submitted any documents in the Tribunal proving that you were the activist of Chhatra League at that time?

Witness: How can I submit after such a long time! Besides, our houses were burnt.

Defence: Were your houses burnt on 24/04/1971?

Witness: Along with our house, numerous houses of Alobdi village were burnt by the Pakistani army and their assistants on 24/4/1971.

Defence: Was there any funeral for your Uncle Nabiulla Molla’s dead body?

Witness: No.

Defence: Where did you stay after 24th April, 1971?

Witness: At Savar area. We stayed there till the liberation.

Defence: Did you stay in your sister’s home at Savar?

Witness: No.

Defence: In whose home did you stay at Savar?

Witness: At nobody’s home; we stayed at temporary rooms prepared by us in an open place.

Defence: What did you do at Savar at that time?

Witness: There was no work to do.

Defence: Where did the members of your adjacent homes stay?

Witness: In different places of Savar area.

Defence: Do you not know the name of Quader Mollah’s village?

Witness: I don’t know.

Defence: You didn’t know Quader Mollah in 1970/71.

Witness: This is not true.

Defence: He never went to your village in 1970/71.

Witness: This is not true.

Defence: Which areas constituted the election area of Advocate Jahiruddin from north side to south side?

Witness: I can’t say.

Defence: What was the number of voters in your area in 1970?

Witness: I can’t say.

Defence: How many polling centers were there?

Witness: I can’t say.

Defence: Now the feature of your village is completely different from that of 1970/71.

Witness: Yes, now it has turned into a town. There is the connection of electricity, gas and water.

Defence: Under which Union was your village in 1970/71?

Witness: In Harirampur Union; the Chairman was from our village.

Defence: Who was the Chairman of your area at that time?

Witness: Harun Molla. He is alive now.

Defence: Did only Armies use helicopter at that time?

Witness: Yes.

Defence: You lied when you said that your age was 19 in 1970. You were a minor then.

Witness: This is not true.

Defence: You told a complete lie regarding hiding within the bush.

Witness: This is not true.

Defence: Before this case, you were never connected with any politics.

Witness: This is not true.

Defence: Was there anyone with you when Investigation Officer took your statement?

Witness: I was alone. Nobody was with me.

Defence: Who called you to thana?

Witness: Thana’s staff called me from home.

At this moment, the Defense Counsel rad out parts of his statement that he had given in the tribunal

Defence: You never told these which you’ve stated in your statement to the Investigation Officer.

Witness: I told these to the Investigation Officer.

Defence: Which you’ve stated in the Tribunal regarding the occurrences of Alobdi village, connecting Abdul Quader Mollah, those all are false and fictitious.

Witness: I told the truth.

Defence: Do you have any cousin named Ibrahim?

Witness: Yes.

Defence: Your brother Altafuddin Molla and Ibrahim flew flag of liberated Bangla on your home. So the Pak army burnt your house.

Witness: As they were minor then, they might fly flag. But that was not the only reason, because Pak army burnt many houses of the whole village.

Defence: Did you know Moti master (Motiur Rahman Dewan)?

Witness: Yes, I knew and also know him. He is alive now.

Defence: Was he within the village at that moment?

Witness: Yes.

Defence: Did you know Bihari Akhter Gunda of your area?

Witness: I knew his name.

Defence: Did Moti master watch the incidents of genocide or conflagration of your village?

Witness: I can’t say.

Defence: There is a copy of a book named “Muktijuddhe Mirpur”, ‘dedicated to the remembrance of martyr of great Liberation War- my uncle Nobiulla Molla.’ The name of the writer is Altafuddin Molla. Is he your brother?

Witness: This is my brother’s name.

Defence: You have read this book.

Witness: This is not true.

Defence: Do you, your brother Altaf Molla and all of your family members know Moti master?

Witness: Yes, as we are the resident of same village, all knows one another.

Defence: Moti master helped your brother to write this book.

Witness: I don’t know.

Defence: As there is no mention in this book about the connection of Quader Molla with the above mentioned incidences, so you are pretending to not read the book.

Witness: This is not true.

Defence: Have you submitted any documents or papers related to your name in the voter list of 1970 to the tribunal or to the Investigation Officer?

Witness: No.

Defence: You didn’t ever know Quader Molla in 1970/71.

Witness: This is not true.

Defence: You didn’t see the people of your village or the people cutting rice gathered by the Pak army.

Witness: This is not true.

Defence: On which side the people were gathered?

Witness: On north side, where the rice had been gathered.

Defence: There was no force (Bahini) of Quader Molla at that time.

Witness: This is not true.

Defence: He was not present there taking rifle and also didn’t talk with the Pak army.

Witness: He was present and also talked with Pak army.

Defence: What do you do now?

Witness: Now I am joined with business of Eastern Housing.

Defence: Did you not maintain any diary regarding your activities from 1970 to present?

Witness: No.

Defence: Tell your date of birth.

Witness: 24/11/1953 as stated in National ID card.

Defence: You are giving false witness by taking oath in this learned Tribunal.

Witness: This is not true.

Defence: How many children do you have?

Witness: I have 3 sons.

Defence: What is the date of your marriage?

Witness: Cant remember

Defence: Can you remember the dates of birth of your children?

Witness: I can’t say.

Defence: What does Altafuddin Molla do now?

Witness: He does politics. What anything else does, that he can say, I can’t say.

Defence: Do you and Altaf Molla live in same house?

Witness: No.

The Tribunal ordered that a copy of the book mentioned and the date of publication to be submitted.

The next date was fixed on 06/8/2012.

12 Jul 2012: Sayedee IO cross exam day 29

After the tribunal read out the order relating to 19(2), cross-examination of Investigation Officer in the Sayedee case continued, conducted by the defence lawyer Mizanul Islam. This continued from this day.

Defence: What is the name of the present Chairman of Umedpur?

Witness: It in not in my note.

Defence: Whose house is situated in the east side of the “A” mark house?

Witness: Whether there is any house or not, I cannot say.

Defence: How far a distance is between the houses of Anil Chandra Mondol and Harekrisno Mondol?

Witness: It is not in my note, so I cannot tell it.

Defence: Whether there is any house at the south side of the house of Anil Mondol?

Witness: Yes, there are some houses but the number of houses I cannot say.

Defence: How long a distance by road was from the house of Anil Chandra Mondol?

Witness: I cannot say as it is not in my sketch.

Defence: What is situated just opposite of the west side of the road from the A to H marked houses?

Witness: At the west side of the road, there was house of Kashem Hawlader is situated.

Defence: Did you have any idea whether there is any other houses or not?

Witness: No.

Defence: What is situated in north side of the place marked as “A”?

Witness: There is Umedpur Canel.

Defence: Whether this side is under the possession of Umedpru Hindu area or not?

Witness: I do not know.

Defence: Bimol Bala daughter of Satis Bala is the resident of “F” marked house. Would you please tell us about his profession?

Witness: I have no idea about his profession.

Defence: Did you meet with him during the investigation?

Witness: I cannot say it as it is not in my record.

Defence: Did you go to his house?

Witness: I cannot say as it is not in my note.

Defence: Since you did not go to his house, so it not possible for you to say whether his mother is alive or not?

Witness: No, his mother is alive.

Defence: Did you give any notice to Bimal Bala , his mother and his father to give their deposition in presence of you?

Witness: No.

Defence: “G” marked house owned by the Jibon son of Johor Talukder was not the witness of this case.

Witness: No.

Defence: Whether his mother is alive or not?

Witness: Yes, his mother is alive.

Defence: Did you issue any notice to them for giving deposition.

Witness: No, I did not but informed them about being present in front of me.

Defence: Did you give any notice towards the people of Umedpur Hindu area to give their deposition who knows about facts of the Liberation war

Witness: I did not do it but I requested all of the persons having knowledge of liberation war to be present.

Defence: You have requested all through whom?

Witness: Through Sukhranjan Bali and Mahbubul Hawlader.

Defence: When did you go to the Umedpur for the first time.

Witness: On 20. 08. 2010.

Defence: Did you inform it to the Sukharanjan Bali and Mahbuul Alam the day when you had gone or before that?

Witness: I have said it to the Mahbubul Hawlader before that date.

Defence: When?

Witness: On 15. 08. 2010. I have told him over phone. Then after going to Umedpur on 20.08.2010, I have said it the Sukharanjan Bali to call upon all those persons who are acquainting with the facts of the Liberation war.

Defence: When did you reach there?

Witness: At 10:30am.

Defence: How long you were there?

Witness: Till 12:30pm.

Defence: Where did you stay during the investigation?

Witness: Basically, I did not stay anywhere specifically. Firstly I had gone to the house of Sukhranjan Bali and then visited each and every house of Hindu area to takes notes and sketch map.

Defence: Where did you make the sketch map?

Witness: I took the rough notes and then prepared finally at my office.

Defence: Where was the temporary office of the Investigation agency?

Witness: It was in the circuit house.

Defence: Statement of how many persons has been recorded by you at that very day?

Witness: I have asked them preliminary question and nothing had been recorded there. Basically their statement was not recorded at Umedpur village; their statement has been recorded on Tengrakgli village at that day,

Defence: How many people’s statement has been recorded at Tengrakhali Village?

Witness: Statement of Sukharanjan Bali and Mukunda Chakrabarti alias Mukim Thakur.

Defence: Where was the house of Anil Chandra Mondol situated?

Witness: At Umedpur Village.

Defence: Where did you record the statement of Anil Chandra Mondol?

Witness: On 19.08.2010 in Rajlokkhi High School.

Defence: You have exhibited on exhibit number 259 the statement of Anil Chandra Mondol which was recorded on 20. 08.12. (date has been shown after taking the document from the Tribunal chair)

There is variance of recording date of the statement of Anil Chandra Mondol between the documents in the hands of the investigation officer and the documents before the judges. Then Tribunal member said it is nothing but a mistake but defence counsels Mizanul Islam said “yes my lord, it is our duty to identify these faults”

Witness: Yes.

Defence: Your signature is exhibited on exhibit number 259/1 and the date is 20. 08.10.

Witness: Yes.

Defence: When did you reach Tengrakhali Village and how long you have stayed there?

Witness: I have stayed there from 12:45 to 16:45pm.

Defence: Did you go to any other places?

Witness: I went to different places like Parerhaat Police camp, Parer Haat Bazar.

Defence: Did you go Tengrakhali Village before 20. 08. 10.

Witness: Yes, on 19. 08. 10 I went there at 13:45pm.

Defence: How long have you stayed there?

Witness: I was there till 15:00pm.

Defence: Then where did you go?

Witness: Then I came to Razlokkho High School and I was there from 15:30 to 21:00.

Defence: In the Index no. 39 (b), Mukim Thakur father of Shekhor was indicated as death person and there is also a signature of yours.

Witness: Yes.

Defence: Did you meet with the owner “H” marked house Harekrishno?

Witness: It is not in my note.

Defence: Did you meet with the wife of Shudangshu Talukder?

Witness: It is not in my note.

Defence: House of Anil Chandra Shorma is exhibited on Exhibit number 259, please tell us whether the house of Anil Chandra Mondol included among these 25 houses which were looted and burnt?

Witness: Yes.

Defence: Is there any thing which is stated by Anil Chandra that his house is looted or burnt during the Liberation War?

Witness: No, but he said that house of the Hindu People were looted.

Defence: During 1971 whether there were any Hindu areas other than Umedpur Hindu area?

Witness: Yes, other than Umedpur Hindu area, there are other areas also.

Defence: It is exhibited in exhibit no. 25 that after looting the house of Hindu area Mr. Sayedee had taken away these looted things in his in laws house.

Witness: Yes.

Defence: In the statement of Anil Chandra Mondol, he never pronounced the name of village “Umedpur”

Witness: He said that “My home town” and it is very much clear that his permanent address is Umedpur.

Defence: Whether he pronounced any thing in his statement that “My house was looted and set on fire during the liberation war”

Witness: No.

Defence: You have stated about 19 persons in Umedpur. Would you please tell us whether the house of these 19 persons were looted or set on fire or not?

Witness: No, specifically no ones name is mentioned.

Then the defence counsels ask some questions from the multi-media video show “Ekusher Chokh” programme.

Defence: Please tell us, whether the interview of Raghunath has been taken in Ragunath’s house or not?

Witness: Basically, his interview has been taken in Manikposhari’s house. (This statement has been recorded with the objection of prosecution counsels).

Then the court was adjourned.

11 Jul 2012: Molla 2nd witness cross exam

Tribunal Two
Defense Counsel, Farid Uddin Khan started proceedings by raising the issues of the presence of the chief prosecution.

Defence: we prayed earlier that the Chief (Prosecutor) should be present at alternative days. It would be easier for us if the cross examination were held in his presence.

Judge (Md. Shahinur Islam): Submit your prayer in writing on which day you want his presence.

Defense Counsel: Another matter is that, taking witness in the presence of investigation officers seems to problem to us. It appeared to us that they tend to influence witnesses directly or indirectly.

Justice Obaidul Hassan: If it is true, then you should tell us immediately. Listen, you also should be more co-operative.

Prosecutor, Mohammad Ali: My Lord, it is clearly stated in section 8 (1) of the Act that the investigation officers can help prosecutors.

Cross examination of the witness Sayed Shahidul Haque Mama by the defence counsel Ekramul Haque in the Quader Molla case then started. He had provided his testimony on the previous day

The prosecutor, Mohammed Ali told the witness that the learned Defense Counsel would cross examine him. ‘You will listen and understand first. If you know the answers then answer his question.’

Defence: You’ve said in your statement that you were a student attached to Mohosin Hall of Dhaka University. Was Mohosin Hall located the western side to the Arts Building and house of V.C.?

Witness: Where the previous Mohosin Hall was, the present Mohosin Hall is at the same place!

Defence: Were the classes of Arts faculty for example, History, Bangla, English, Political Science etc held in Arts Building?

Witness: Yes.

Defence: Were the classes of Science Faculty held in Karjon Hall?

Witness: Yes.

Defence: What was the distance between Mohosin Hall and Karjon Hall?

Witness: I had no scale to measure distance!

Justice (Obaidul Hassan): Say the approximate distance.

Witness: If I walk, then it will take half an hour to reach.

Defence: Shahidullah Hall and Fazlul Haque Hall are situated on the southern side of Karjon Hall, aren’t they?

Witness: I can’t remember at this moment.

Defence: You said in your statement, “I participated in the movement to cancel the notorious Hamidur Rahman Education Commission on 1962.” Hamidur Rahman Education Commission was against the culture and tradition of Bangalis. Am I correct?

Witness: Certainly Hamidur Rahman Education Commission was against the culture and tradition of Bangalis.

Defence: The main organizer of that movement was Hosen Shahid Shohrawardy. Bangabandhu came to the movement taking the assistance of Shahid Shohrawardy. Shohrawardy, Bangabandhu and Mawlana Abdul Hamid Khan Bhashani- all these three great leaders participated in the movement to cancel the notorious Hamidur Rahman Education Commission on 1962. Was it true?

Witness: Yes, it was true.

Defence: After increasing day by day, one day this movement took an extreme form. And, in continuance with this, Sergeant Jahirul Haque was fired on and died subsequently. Is it true?

Witness: No, Sergeant Jahirul Haque was not killed in consequence of the movement of 1962. He was an important accused of Agartola Conspiracy Case. And in consequence of that case, he was killed when he was confined at cantonment area.

Defence: Was he killed in 1968?

Witness: No, he was killed on 1969.

Defence: In consequence of these incidents, the Bangalis were shocked and raised their voice. After that, in the election of 1970, the Awami League won by getting 167 seats. Am I correct?

Witness: Yes, Bangalis were awakened because of the movement of 1969. In the election of National Assembly, Awami League won getting absolute majority of 167 seats out of 169 seats.

Defence: Then, getting no way, Ayub Khan resigned from power and gave power to Yahya Khan. Is that not so?

Witness: I’ll not say, ‘getting no way’. Actually Ayub Khan transferred power to Yahya Khan to suppress the power of the awakening of Bangalies.

Defence: Yahya Khan came and didn’t agree with Bangabandhu. Bangabandhu demanded to call parliament according to the Constitution. He didn’t compromise regarding any issues of his 6 demands. Am I correct?

Witness: Bangabandhu never compromised with Yahya Khan regarding any of the 6 demands.

Defence: In front of millions of Bangalis on 7 March, 1971, he expressed his desire towards freedom. Didn’t he?

Witness: Not freedom, but independence! The word ‘freedom’ contrasts with confinement. Independence is not like that.

Defence: Then started torture the torture upon Bangalies?

Witness: After the speech of Bangabandhu, in the horrible night of 25th March, Operation Search Light started. That attack was not only torture, but genocide.

Defence: Were you at your home that night?

Witness: I clearly stated earlier that at that night, I along with my friend took shelter at the club house of Bangalis beside the Mazar of Shah Ali, Mirpur.

Defence: You said in your statement, “we went in front of Beauty Cinema Hall of Mirpur with procession. Then the leader of Muslim League S.A Khaleque and the sun of Monem Khan Md. Khoshru attacked and fired the procession with their team.” Did any person die or injure at that attack of firing?

Witness: I don’t know. We fled away.

Defence: Can you mention the date and time?

Witness: It was the incident of 1969. I can’t remember the time and date.

Defence: You sais in your statement, “the present Mirpur Stadium was an open field at that time. The meeting of Kaiyum Khan washeld there. He was the chief guest of that meeting. That meeting was filled with the supporters of Jamaar Islami and Biharies. Now, Can you say the date of that meeting?

Witness: That meeting was held in1969. But, I can’t remember the date and time.

Defence: You said, you were arrested, case was filed against you and, at last, you were released. Can you mention the number of that case?

Witness: I don’t know the number of that case.

Defence: Is the candidate of Anjumane Mehjarin alive?

Witness: I don’t know. Only God knows!

Defence: You said, through the way of the ‘Osohojog (non-co-operation) movement’, the birth of historical 7th March occurred. And Bangabandhu declared in his speech of 7th March, to free the people of this land from enemies.

Now say, who were those enemies? Peoples who wanted to destroy the culture and tradition of Bangalies, were they the enemies?

Witness: I’ve clearly stated, those enemies were the Pakistani Khansenas, their agents residing in this land, in whose hand 30 lacs innocent people lost their lives, lachs of mother and sisters lost their chastity.

Defence: You told, “We arranged meetings at the ‘Avijatrik Drug House’ of Dr. Sheikh Haidar Ali, who was the Senior Vice Chairmen of Awami Jubo League.” When was your last meeting there in 1971?

Witness: Not in 1971, but in 1969, we arranged meeting there.

Defence: When was the last meeting?

Witness: I don’t remember the date.

Defence: After 25th March, where, when and how did you go and stay, this information nobody knew, besides you and God.

Witness: All I’ve stated clearly in my statement.

Defence: On 26th March 1971, the Pakistani Army burnt and destroyed everything. Am I correct?

Witness: At 8 am of 26th March I got out from the club house and saw that there was fire and fire belonging to the houses of Bangalis all around Mirpur. The Pakistani Armi, Jamaat-e-Islami, Biharis and also the accused of this case Quader Mollah actively took part in that destruction.

Defence: After getting out from the club house, did you reach your home?

[Then Prosecutor started to tell something, but the learned Justice (Chairman) and defense counsel forbid him to interfere.]

Witness: I couldn’t go to my home. I flew away where my two eyes directed.

Defence: Mr. Mohammad Ali, closeyour mouth.

Prosecutor: I am trying to draw attention of learned Justices.

Defence: What is the distance between Club House and Nawab Bagh?

Witness: Half an hour walking distance.

Justice (Chairman): He is asking to know, after how much time were you chased.

Witness: After hardly 15 minutes.

Defence: How much time did it take to reach the bank of Turag from Nawab Bagh?

Witness: Hardly 10 minutes.

Defence: How did you pass the river?

Witness: By swimming.

Defence: After passing river, you reached to Banga. Was the adjacent village to Banga Chakuria?

Witness: Yes.

Defence: What was the distance between the bank of the river and Banga?

Witness: It took about one hour to reach.

Defence: Then you went to Sadullahpur. How much time did it take to reach there?

Witness: About 20/25 minutes.

Defence: When was the time?

Witness: Most probably, in the afternoon.

Defence: You stated in your statement, “after reaching Sadullah pur, I came to know that, my father, grandmother and cousin brother were sitting under a tree.” Who gave you that information?

Witness: I’ve stated earlier, there was a rush of numerous people. Anyone of them could have given me the information. How can I remember the name of that specific person today?

Defence: Where you heard that, how much time did it take you to reach them from there?

Witness: About 15/20 minutes.

Defence: Was that on western side?

Witness: I can’t remember on which side!

Defence: You said, “I was a student leader at that time. Through my identity, the local people gave them shelter at the ‘Ghutnighar’.” Was it at Banga or Sadullahpur?

Witness: Sadullahpur.

Defence: You didn’t stay there. After meeting them, you started to move to another side. Isnt that the case?

Witness: Yes, after meeting them, I went away.

Defence: With you, there were Dr. Zakaria, Ratan and famous TV and film actress Shahara Banu. Where did you go?

Witness: At a house of Banga.

Defence: We’ve taken it that these incidents were of 26th March. Now, how long did you stay at that house?

Witness: About one week.

Defence: Certainly there were family members at that house. Who was the owner of that house?

Witness: They gave us shelter, this was much for us. If I knew then that one day I would have to come this tribunal to give witness, then certainly I would keep in my memory the name and father’s name of the owner!

Defence: Where did you go from there? Who was with you?

Witness: I told you, my elder brother came to ‘Banga’ tracing me. He took me in a boat of wooden materials and started for Dhaka.

Defence: Who were with you?

Witness: Father, grandmother and cousin brother.

Defence: When did you start? When did you reach Rayerbazar?

Witness: We started at noon and reached Rayerbazar at evening.

Defence: From there you returned at Nazira Bazar at your auntie’s home which was situated beside the home of former parliament member, Mr. Hanif.

Witness: No, I stayed some days at the home of my elder brother’s father in law in Rayerbazar.

Defence: This information is absent in your statement.

Defence: How long did you stay at your aunt’s home?

Witness: About 2 weeks

Defence: Then your grandmother took you to the home of Mr. Fazlur Rahman at Gopibagh. How long did you stay there?

Witness: Some days. I can’t even remember the approximate date!

Defence: When staying there, you decided, where you would go. And, started to India with Mulluk Chand, Bodi and others. Am I correct?

Witness: Yes.

Defence: How many people were there?

Witness: With Mulluk Chand and Bodi, we were about 10/12 people.

Defence: Can you remember the date of entering India?

Witness: I can’t remember at this moment.

Defence: How did you go India from Gopibagh?

Witness: Passing the way of Narshingdi, Comilla and from Demra, Dhaka.

Defence: On foot, or by vehicle?

Witness: By 11 number vehicle! [that means on foot]

Defence: How many days did it take to reach Agatala from Dhaka?

Witness: We had to go taking rest and stopping on the way. It took about 2 ½ to 3 days.

Defence: I think, after entering India, you got assurance that now there is no chance of attack of Pakistani Army or Rajakars. Now, after entering India, where did you report first?

Witness: At Agartola Transit Camp.

Defence: How long did you stay at Agartola Transit Camp?

Witness: 8/10 days.

Defence: Then, where were you sent?

Witness: When we were at Agartola Transit Camp, we came to know that, our friends are taking training in Melaghar. Then we started to Melaghar on our own initiative.

Defence: At Melaghar, you met Major Khaled Mosharraf and Major Hayder. They arranged your training and residence. Wasn’t it?

Witness: Yes, it was.

Defence: In which district is Melaghar?

Witness: In the Province of Tripura.

Defence: How long did you stay there?

Witness: We took training there. I can’t remember the time period. We took training for one month.

Defence: Then, in which side were you directed?

Witness: I was appointed as the commander of 12, 13 and 14 number platoon.

Defence: Were you the commander of all these platoons?

Witness: Yes, I was.

Defence: What direction did Major Hayder give you?

Witness: There were some directions which I can’t disclose here. Our main technique was ‘to hit and run’.

Prosecutor (Mr .Simon): My Lord, why questions regarding war tactics are been asked here?

Defence: That means, considering the situations, you were directed to make decisions.

Witness: Yes.

Defence: From there, when did you enter in Bangladesh?

Witness: After completion of training, at the end of October.

Defence: How many members were there with you in platoons?

Witness: Approximately 39/40 trained members in India along with numerous local members.

Defence: You said, along with the ‘Mama Bahini’ you entered Bangladesh at the end of October. You continued a good relation with all, so all called you ‘Mama’. Am I correct?

Witness: Yes. One nephew called me ‘Mama’. Hearing it, all started to call me ‘Mama’. And, my group also became known as ‘Mama Bahini’ following that name.

Defence: To start operation, where did you take position first at Mohammadpur or Mirpur?
Witness: To attack Mohammadpur area, we took position beside Mohammadpur area.

Defence: From that place, you continued your operations. Am I correct?

Witness: Yes.

Defence: Till 16 December, 1971, did you stay at the places like Basila, Ati, or more any other places?

Witness: We stayed at Basila, Ati, and also at the places near to those places. We never stayed in a specific place. We changed our places frequently.

Defence: In 1971, at the time of the surrender of the Pakistani Army, where were you?

Witness: I was near or beside Basila.

Defence: At that day, how many members were there with your force?

Witness: Along with the local fighters and trained 40 fighters, 150/200 members of different places were there.

Defence: What did you do on 16 December, 1971 with your company [he used the word ‘sango pango’]

Justice (Obaidul Hassan): Don’t say ‘sango pango’, say co-fighters.

Defence: Sorry, My Lord. Then, did you meet Major Khaled Mosharraf and Major Hayder?

Witness: At the evening of 16 Deccember, 1971, I met Major Hayder. I couldn’t meet Major Khaled Mosharraf as he was injured.

Defence: Did Major Hayder give any direction to you?

Witness: We didn’t have mobile phones like today. So I couldn’t communicate whenever I wished.

At that moment, the defense counsel prayed to adjourn the examination of witness till the session of afternoon. The prosecutor said he should carry on as the witness is ready to continue even though he is not well. The honorable Justices also told the defence to continue more 15 minutes. But, because of the reluctance of defense counsel, the Tribunal was adjourned till 2.00 pm.

The cross examination continued after lunch. Before that the prosecutor Mohammad Ali mentioned that deposition of PW2 (Syed Shahidul Haque Mama) instead of the words ‘bruised all over’ the words ‘hundreds of’ had been used.

The witness then said,  'My Lord, before the court is adjourned and my mind is diverted, I want to clarify my yesterday’s statement about the occurrence of 16 December, 1971 in Graphic Arts Institute in Mohammadpur.' Justice Obaidul Hassan  responded by saying 'You don’t need to worry about that, your statement is already recorded.'

Justice A.T.M. Fazle Kabir : Mr. Ekramul, please come to the major part of the cross examination. You have enough moved around it. Now please make it specific.

Defence: My Lord, today I will make it very short. I have some personal problems and I also need to collect more documents. I will finish the cross-examination by tomorrow morning if you allow me.

Justice A.T.M. Fazle Kabir : You have enough time today, you can finish it.

Defence: My Lord : I really need more time. Please try to understand my situation.

Justice A.T.M. Fazle Kabir : Ok. Your time petition is granted. Now proceed on.

Defence: According to your statement when you raided in Graphic Arts Institute and Physical Training Centre on 16 December, 1971, what were the position of Graphic Arts Institute and Physical Training Centre that time?

Witness: Graphic Arts Institute was in front of Physical Training Centre and it is still in same position.

Defence: When did you make that raid?

Witness: Around 5pm. Graphic Arts Institute was like a fort of the Pakistani Army.

Defence: In your statement you have said that you were fighting with the Pakistani Army. What was the duration of this fight?

Witness: Near about 1 hour. Then the Pakistani Army started to retreat. They divided into two groups. One group went through the Mohammadpur colony and got mixed with the Bihari and the other group fled to Mirpur.

Defence: What was the distance between Graphic Arts Institute and Mirpur?

Witness: It would take half an hour by private car at that time.

Defence: Did they leave their arms and uniforms and go in disguise?

Witness: We found so many arms and cloths scattered here and there but I don’t know whether they went in disguise or not.

Defence: When you were fighting with the Pakistani Army and in one point the Pakistani Army surrendered, there were other freedom fighters in Dhaka in several places including Mirpur.

Witness: Yes. There were many freedom fighters ready to fight.

Defence: When you entered into Graphic Arts Institute, how many co-fighters (freedom fighters) you had with you?

Witness: Around 70 to 80 freedom fighters were with me.

Defence: When you entered inside Graphic Arts Institute, how many Pakistani Army soldiers id you found alive or dead?

Witness: We did not find any dead body of Pakistani Army. We found the dead bodies in many rooms of the greatest intellectuals of our country who were killed on 14 December, 1971 in ‘Rayerbazar Baddhovumi’ (Place of execution).

Defence: How long do you stay there (Graphic Arts Institute)?

Witness: We settled down there after that.

Defence: How many of you spent the night there?

Witness: We got settled there and made all the preparation for camping including security.

Defence: Did you inform Major Haider about your raid and what happened afterwards?

Witness: Yes, we informed him. We saw arms and dead bodies, people screaming for their family members who were killed by the Pakistani Army and Rajakar, Albadar and Al-shams. Someone was crying for a lost father and someone was crying for a lost son.

Defence: Did you stay in the camp (Graphic Arts Institute) from 16 December 1971 to 31 January, 1972?

Witness: We had our camps in other areas in Mohammadpur and Mirpur as well including Graphic Arts Institute.

Defence: You said in your statement that later on (after the raid in Graphic Arts Institute) you went to Mirpur Bangla College and saw that hundreds of dead bodies were lying here and there. What was the date?

Witness: Most probably it was 17 December, 1971 when we went to Mirpur Bangla College and found dead bodies in the yard.

Defence: In your statement you mentioned two significant incidents. One was the murder of Poet Meherunnesa’s mother and brother in Thataribazar and the other was murder of Pallab in Muslim Bazar. You said that the date was probably 5 April, 1971. Can you tell me where this Thataribazar is? Is it in old Dhaka or in Mirpur?

Witness: It is behind the residence of our honourable President.

Defence: What was the distance between Muslim Bazar, Mirpur and Thataribazar, Old Dhaka?

Witness: It would take one hour to go by Taxi at that time.

Prosecutor Mohammad Ali : My Lord, the witness gave clear statement that they (Poet Meherunnesa’s mother and brother and Pallab) were taken by the Pakistani Army on 29 March, 1971 and were killed on 5 April, 1971. The defence should clarify the question.

Defence: (Prosecutor Mohammad Ali ) You should stop interrupting and influencing the witness and let him answer freely. I just quoted his statement.

Justice Obaidul Hassan : Mr. Mohammad Ali, please have patience.

Defence: Is there a mosque called Nur-i-mosque in Muslim Bazar?

Witness: Yes. It is known as the ‘Eidgah’ (a place where the muslim say their prayer together in Mohammedan festival).

Defence: The residents of that area (Muslim bazar) is mostly Bihari.

Witness: Yes.

Defence: The two significant incidents you mentioned in your statement (about torturing and killing Poet Meherunnesa’s mother and brother and Pallab), have you seen them with your eyes?

Witness: I have heard them from the people of ‘Kafela’ (group of people gathered to make a journey). If I had seen those incidents I would not be alive to give witness here today.

Defence: From whom you have heard about the incidents?

Witness: I have heard the incidents from the people of ‘Kafela’ and from people I knew. I did not have a notebook with me so that I could write down the name of those people (shouting).

Presecutor Mohammad Ali : My Lord, the situation of 27 March, 1971 should be mentioned in the record of cross examination.

Justice A.T.M. Fazle Kabir : Please calm down. We all know that what was the situation on 27 March, 1971.

Defence: (To PW2) You did not hear about the incidents from your known people.

Witness: I have heard them from both people I knew and people from the ‘Kafela’.

Defence: How many times you have been to Mirpur in between 16 December,1971 to 31 January, 1972?

Witness: I have been there several times. Whenever I wished I went there. Whenever I was reminded about the torture and oppression of the Pakistani Army and their co-operators, I went to Mirpur. Please don’t make me excited by reminding about those bloody-days. When I remember what the Bihari used to say that we made Bangladesh in nine months and they would make it Pakistan again.

Defence: My Lord, I am not feeling well today. I want to finish here for the time being. I will finish the cross-examination tomorrow morning.

Prosecutor Mohammad Ali: My Lord, I strongly object about this non-relevant delay because the witness is badly injured.

Witness: I want to show the defence lawyers my leg which is bleeding now. I am so sick that it is difficult for me to keep standing for long time. If the tribunal guarantee the safety of my leg, I can keep standing for indefinite time.

Justice A.T.M. Fazle Kabir : Ok, we will consider both side’s problem. Mr. Ekramul, you have to finish by 12pm tomorrow.

Witness: There are many untold things which is not inscribed in the history. During the liberation war when the Bihari used to sing loudly, to give them proper lesson we used to write Bangla song and sing them to awake the Bangalis in the month of Holy Ramadan.

Then the Prosecution Witness 2 (Syed Shahidul Haque Mama) started singing.

Defence: My Lord, we have a video clipping which we want to show tomorrow. So we need the required arrangements in this room.

Justice Shahinur Haque : Have you submitted it before?

Defence: The date of submission is tomorrow and again tomorrow is the next hearing. Justice A.T.M. Fazle Kabir : You have to submit it first and then the arrangement will be done. So, the next hearing is tomorrow at 10:30am.

11 Jul 2012: Chowdhury 6th witness cross exam, day 3

The hearing started with Ahsanul Huq, the defence counsel continued his cross examination of Nirmal Chandra Sharma who is the sixth witness in the Salauddin Quader Chowdhury trial. This followed on from the previous day

Defence: Whether you have stated the fact of watching Mr. Salahuddin Quader Chowdhury at the place of incident to your brother Bimol.

Witness: I didn’t think it necessary.

Defence: What is the name of your Grandfather?

Witness: Rosik Chandra Sharma.

Defence: How many sons did he have?

Witness: 2 sons. My father and Onontokumar Sharma.

Defence: Whether you have gone to each house of your area on the day of occurrence.

Witness: No.

Defence: State some names, of whose houses you have gone to on the day of occurrence.

Witness: Dr. Motilal Sharma, Dr. Makhonlal Sharma, Porimal Sharma.

Defence: At that time who were present in those houses?

Witness: As the name above mentioned were all present with their families.

Defence: How many sisters do you have?

Witness: 1 sister, who is my deceased nephew Dulal’s mother.

Defence: There were so many Muslim doctors near your house at Gohira, Choumohoni. State some names.

Witness: Yes there were. One of them was Dr. Firoj Ahmed.

Defence: Whether you have taken your injured father to Dr. Firoj Ahmed?

Witness: His wound has already been healed and dried up, so I didn’t think that necessary to take him to Dr. Firoj’s chamber when returning after Liberation.

Defence: Whether you have taken him to Dr. Tailor’s Hospital?

Witness: No. He was crippled and old, so we didn’t think it wise to move him.

Defence: I say, that your father was not that much injured, so you didn’t take him to the Hospital or Doctor’s chamber.

Witness: Not true.

Defence: Do you know Daru Mia was supporter of which party?

Witness: He was a farmer and he has not any specific choice about any political party.

Defence: Can you say, which political party did the residents of Mr. Ali Chowdhury support?

Witness: I don’t know.

Defence: Have you ever tried to find out since 1971 till no who had announced the news of the formation of Peace Committee from the Microphone of the Mosque?

Witness: No.

Defence: Can you say when the Peace Committee has been formed at Raujan.

Witness: No. But I can assume, as the announcement came out on 13th April, 1971, so the Committee has been formed before that time.

Defence: Who was the President Secretary of this Peace Committee?

Witness: I don’t know.

Defence: There was no announcement from the Mosque. You are giving false statement by the words of the Investigation Officer.

Witness: Not true.

Defence: There was two stage of Bijoy Mela at Chittagong. From which stage you have given your announcement as you have mentioned earlier?

Witness: I have announced from the stage from where the wordings of Bangabandhu Sheikh Mujibur Rahman was being announced.

Defence: I say, the sound of the Mosque cannot be heard from your distant area.

Witness: Not true.

Defence: You have given your statement at the Chittagong circuit house instead of at your village house, just in order to avoid your brother Bimol, who might have given true statement.

Witness: Not true.

Defence: The statement of brushfire over you on 13th April, 1971 is a false one.

Witness: Not true.

Defence: The statement of Brushfire over you and the fact that you are miraculously alive is a false statement.

Witness: Not true.

Defence: Whether you have gone to Daru Mia to express your acknowledgement for saving your life?

Witness: I have met him several times after the liberation, but I have not gone to his house.

Defence: On 13th April and afterwards no houses of your area has been burnt by Pakistan Army.

Witness: Yes.

Defence: Whether yours and your Uncles’ houses have been looted by the Pakistan Army?
Witness: I don’t know.

Defence: Whether your houses been looted by the people of the locality?

Witness: The Pakistan Army didn’t take anything but the house has been looted afterwards, I don’t know whether it has been done by the local people or not.

Defence: Whether you have stated to Daru Mia that you have seen Salahuddin Quader Chowdhury at your house on the day of occurrence.

Witness: No.

Defence: When you have joined at the Chittagong Bar Association; then who was the President of the Chittagong Bar Association?

Witness: I can’t recall.

Defence: You don’t have any courtyard in your house.

Witness: Not true.

Defence: The statement of the killing of your mother- brother- nephew and uncle is a false statement.

Witness: Not true.

Defence: You were not in the country at that time so your miraculously being saved from the shots of Brushfire is a false statement.

Witness: Not true.

Defence: Your father and your Uncle- Makhonlal were not injured from the incident?

Witness: Not true.

Defence: On 13th April, 1971- your father, mother and brother were present at the house and you your nephew and your brother were in India.

Witness: Not true.

Defence: Your Bimol might have given the true statement so you did not bring him to the Investigation Officer.

Witness: Not true.

Defence: To make an obstacle on the pathway of Mr. Salahuddin Quader Chowdhury to attend the parliament a false case has been set up by an evil minded group by using you,

Witness: Not true.

Defence: You are giving false statement on the hope thatyou will receive a lot of rewards from the Government.

Witness: Not true.

Defence: There was no occurrence on the so called place on so called time- by the so called means.

Witness: Not true.

Defence: That’s all about the cross examination of this witness.

Justice Nizamul Huq passed order (summary)

Accused Salahuddin Quader Chowdhury has been produced before the Tribunal by the Prison authority. Today is fixed for recording the remaining part of the cross examination of PW-6. The recording has been completed in the fixed time. We want to mention that yesterday we have allocated 1:30 hours to the counsel to complete the matter and today within 1 hour the cross examination has been over.

The service of the counsel in this regard is highly appreciated.

The case is adjourned today.

10 Jul 2012: Molla 2nd witness cross exam

Cross Examination of the second prosecution witness giving evidence, Syed Shahidul Haque Mama, in the trial of Quader Molla was undertaken by the Defence lawyer Ekramul Haque. The witness's testimony was given in the morning.

Justice A.T.M. Fazle Kabir said to the witness that the Defence may ask you many questions, but you should not be upset about it and please answer them properly.

Defence: The house that you mentioned you have in Mirpur, tell me the house number.

Witness: I have clearly mentioned it in my statement. The house number is 1/b, 1/16

Defence: You said that you were a student of class seven in 1971 in Mirpur Bangla High School, how old you were that time?

Witness: I did not say that I was a student of class seven. I said I was a student of Mirpur Bangla High School. Why don’t you do the counting of my age? My date of birth is 1/10/1953 or 54.

Defence: From 1962 to till now you are living in your house in Mirpur.

Witness: No, my brother lives in the house. I live abroad with my family.

Defence: From which year you are not living there?

Witness: From 1986, when my father died I left the house and the country.

Defence: None of your family member stay in your house in Mirpur

Witness: Yes. My son and daughter, all my family stay abroad.

Defence: As you lived there for long time, most of the people must know you by your name

Witness: Yes and by this time the whole world knows me.

Defence: From where did you pass S.S.C (Secondary School Certificate)?

Witness: In 1969 I was a S.S.C candidate from Mirpur Bangla Medium High School but could not appear in the exam. I passed S.S.C in the next year from the same school.

Defence: Where did you get admitted after that and when and from where did you pass H.S.C (Higher Secondary Certificate) ?

Witness: I got admitted in TNT College. I passed H.S.C from that college in 1972.

Defence: Then where did you do your BSC or BA?

Witness: In Dhaka University in 1973 as a student of Department of General History.

Defence: Were you staying in the hall as a residential student or you were staying in your house?

Witness: I stayed both in hall and in my house. I was a residential student of Mohsin Hall.

Defence: Tofaiel Ahmed was the G.S. of Mohsin hall.

Witness: No. Probably Miah Mostofa Ahmed from JASOD (Jatiyo Shamajtantrik Dal) party was the V.P. that time.

Defence: When did you complete your honours?

Witness: I could not complete my honours because of political rivalry.

Defence: What was the duration of the course?

Witness: 3 years.

Defence: Did you join anywhere after that?

Witness: Yes. I joined Bangladesh Biman in 1976.

Defence: How long did you work there?

Witness: Till 1986.

Defence: After 1986, you have started living abroad with you family

Witness: Yes.

Defence: Have you come to Bangladesh with Swedish Passport?

Witness: Yes.

Defence: When did you come to Bangladesh this time?

Witness: Probably on 26 January, 2012.

Defence: Have you come alone?

Witness: Yes.

Defence: The house you mentioned in Awlad Hossain Lane, do you still have it? Where are you living after coming to Bangladesh?

Witness: Yes, we still have that house. I am living in Rupnagar in my own apartment.

Defence: When you came to Bangladesh, have you met with your relatives and neighbours?

Witness: Yes.

Defence: When you were living in Mirpur, what was the proportion of Bangali and Bihari in that area that time?

Witness: 90% of people was Bihari and 10% was Bangali.

Defence: In 1969 to 1970 there were several political parties in Pakistan and Awami League was one the biggest parties. The other parties were – Jamat-e-Islami, Convention Muslim League, NAP (Vashani), NAP (Mojaffar), Communist party etc. right?

Witness: Yes.

Defence: The political party of the Bihari called ‘Anjumane Mohajin’ was established in 1970.

Witness: I did not say that and I don’t know when it was established.

Defence: My Lord, I am very sick today and for me it is difficult to proceed now.

Witness: My Lord, I object the fact that Jamat-e-Islami was the second biggest political party of that time. I did not fight to leave the country, my homeland, the country of my dream but i was bound to leave my country.

Justice A.T.M. Fazle Kabir : No, Ekramul Haque did not say that. He just named the political parties.

Witness: Then its ok.

Justice A.T.M. Fazle Kabir: As Prosecutor Witness 2 (Syed Shahidul Haque Mama) and Defence lawyer Ekramul Haque both are sick, the court is adjourned here today. The next hearing will be tomorrow morning at 10:30am.

10 Jul 2012: Chowdhury 6th witness cross exam, day 2

Tribunal one
After dealing with issues relating to Sayedee, the cross examination of the prosecution witness Nirmal Chandra Sharma who gave evidence against Salauddin Quader Chowdhury continued. This follows on the previous day's hearing.

Defence: Are you an APP of the Chittagong District Court?

Witness: Yes I have been appointed as an APP in the period of this Government and working on the same post till date.

Defence: You have mentioned about Daru Mia. How many children did he have?

Witness: I don’t know.

Defence: You have mentioned yesterday that Daru Mia died. Did you attend his funeral?

Witness: No.

Defence: You are concealing the truth by saying he is dead. Actually he is alive.

Witness: As far as I know he has died.

Defence: From whom you have got the information of his death?

Witness: I have heard from Shadhon Uncle, whose father’s name is Mr. Shaymol.

Defence: You have mentioned about one Shadhon Uncle yesterday, what is his father’s name?

Witness: Mr. Suresh.

Defence: You have uttered a Kolema yesterday, whether you have mentioned it to the Investigation Offficer?

Witness: Yes.

Defence: What is the name of the road which starts from the Rangamati road to your house?

Witness: There is no name for this road.

Defence: Where is the road Mobarelkhil located at?

Witness: It starts besides the Gohira School and goes towards the south side.

Defence: Whether it was raining on the day of incident; i.e. 13th April, 1971?

Witness: No.

Defence: Where you gave water to your injured father, as you have mentioned yesterday?

Witness: At the place of incident, it was approximately 7.00 P.M. /7.30 P.M.

Defence: Whether the place of incidence was shadowed with darkness?

Witness: Yes, there was no light.

Defence: Whether you have worked at the Court as an Advocate Commissioner?

Witness: Yes.

Defence: Whether you do civil practice?

Witness: I do both practices- civil and criminal.

Defence: You are the APP of 7th Additional Sessions Judge Court.

Witness: Yes.

Defence: When did your brother reach to the place of incidents after the occurrence?

Witness: Approximately after 1 hour.

Defence: Whether you and your brother have tried to move your father from the place?

Witness: No. He was a healthy man and was so injured, it so not possible to move him.

Defence: How many people were living at your area, Sharma Para on 1971?

Witness: Approximately 60/70 people.

Defence: Whether you have shouted loudly after the incidents?

Witness: No. We were crying in a low voice and left the place.

Defence: Do you know, whether the Army has returned for the second time on that day?

Witness: I don’t know.

Defence: Whether you have taken any information about the visit of the Army for the second time?

Witness: No.

Defence: Whether anyone of your neighbors has visited the place of incident within 1 hour of the occurrence?

Witness: No.

Defence: How many rooms were there at the front side of your house?

Witness: 2/3 rooms.

Defence: Who were the owners of those rooms?

Witness: My uncles Dr. Makhonlal Sharma, Jotilal Sharma, Horipod Sharma, Suresh Sharma- belongs those rooms.

Defence: Who was Ms. Bipula?

Witness: I had an aunty named Bipula. She was residing near Kundeshwari Oushodhaloi which was situated at a 2 miles distant place from our house.

Defence: Whether you have talked over telephone with Mr. Profullo Chandra Singha within 7/8 days?

Witness: Yes.

Defence: Whether Chondroghona is located under Rangunia Police Station?

Witness: No.

Defence: There is a big Christian Missionary Hospital of Dr. Tailor at Rangunia?

Witness: Yes I have heard about that.

Defence: You and your brother went to India; then who was taking care of your father?

Witness: My elder sister who was mother of my deceased nephew Dulal was taking care of him.

Defence: Whether your father was cared by treatment?

Witness: No, because on that- it was too risky for the Hindu people to move here and there. He has taken some local medicine.

Defence: Whether you have taken him to the doctor after returning from India?

Witness: No.

Defence: The house of ABM Mohiuddin CHoudhury and Ali Chodhury’s one is the same house.

Witness: No.

Defence: Have you asked Bimol, where did he go at such a morning on the day of occerence?

Witness: He went for shopping at shop located near the south side of our house.

Defence: What is the name of the owner of that shop?

Witness: I don’t know.

Defence: I say here, Bimol was staying at the home on the day of incident.

Witness: Not true.

Defence: Whether you were a voter from the village Gohira?

Witness: I was a voter before many days.

Defence: When did you last visit Gohira?

Witness: In 1978.

Defence: Your brother Bimol is a respectable man in your area.

Witness: I don’t know.

Defence: How many Army men have you watched at your house on that day?

Witness: 5.

Defence: In total what was the number of Army men there?

Witness: I don’t know.

Defence: What is the distance between the rooms of your and Makhonlal’s one?

Witness: It is almost adjacent, partitioned by a fence.

Defence: What is the height of the fence?

Witness: Approximately 6 hands high.

Defence: The inner portion of the room of Makhonlal was not visible from your room because of the partition of the fence.

Witness: Yes. But that was visible from the Balcony.

Defence: You had not stepped up at the Balcony when the Army came.

Witness: Yes I had not gone there, as I was eating rice.

Defence: whether Makhonlal got any medical treatment?

Witness: As far as I know, No.

Defence: On that time where did his wife stay at?

Witness: At the room.

Defence: Now where does she reside at?

Witness: After 4/5 years of the incident, she got second marriage and went to her in laws house.

Defence: Now who stays at Makhonlal’s room?

Witness: His nephew. I can’t recall his name right now.

Defence: You have told that you were passing beside a Mosque towards India? Whose Mosque was that?

Witness: Now it is late Advocate Rofik’s house’s mosque.

Defence: Did you meet someone beside the mosque when you were passing at the time of prayer?

Witness: No.

Defence: You have said that you have sat over a high land beside your house; whose property was that?

Witness: Once it was owned by us, but in 1971 it was owned by Mr. Yakub Ali.

Defence: For how long you have stayed there?

Witness: From 8:45 P.M. to 9:00 P.M.

Defence: Whether there was any paddy field near the high land?

Witness: No, then it was an empty place.

Defence: Whether you have met anyone, when you were sitting over there?

Witness: No.

Defence: When you have returned home for the second time, what time was that?

Witness: Approximately it was 7:30 P.M.

Defence: Whether the cremation ground of your area was located at the Boro Pukur Ghat?

Witness: Yes.

Defence: What was the distance of the cremation ground from your place.

Witness: It was at the south-eastern side and the distance was 50 to 60 yards.

Defence: Whether have you arranged any funeral for your deceased family members?

Witness: No.

Defence: I say, the matter of the visit of your nephew Dulal at your house and the incident of his death is a false statement.

Witness: Not true.

Defence: You and your brother have departed towards India before 13th April, 1971.

Witness: Not true.

Defence: Your brother Sunil has one daughter named, Amrita and a Son named- Gopal at India.

Witness: Not true.

Defence: When did you last go to India?

Witness: In 1988.

Defence: Whether on 12th April, 1971 you have gone to Hathajari Boro Pukur Par?

Witness: No. But I have gone before.

Defence: That was the road to go to your house.

Witness: There was other road also.

Defence: Look, you have said in the examination in chief that- ‘There was a resistance center of the liberation craving people to resist the Pakistan Army, which was situated at the north side of the Hat-hajari Thana Dighi- located under the Hat-Hajari Police Station, Rangamati Road- which is running towards the Chittagong District.’— You have not mentioned the matter to the Investigation Officer.

Witness: I can’t remember.

Defence: “On 12th April, 1971 the Pakistan Army has crossed the resistant center and reached the Hat-Hajari Bus Station. After getting the news we became very much puzzled.”—You have not mentioned this words to the Investigation Officer.

Witness: I can’t remember.

Defence: “After getting the news we became very much puzzled. After the Hat-Hajari Bus Station no resistant center was being formed. We have passed the 12th April, 1971 with a great anxiety.”—You have not mentioned the words to the Investigation Officer.

Witness: I can’t remember.

Defence: ‘On that night we were unable to decide where we would go for shelter. On the next morning mother said to us- “we don’t know where we should go, but take some rice before leaving the house.’—You have not mentioned this to the Investigation Officer.

Witness: Not true.

Defence: ‘At that time me, my brother Shunil Sharma, Nephew- Dulal Sharma, Father- Joyonto Sharma were taking preparation to have some meal before leaving the house. Right at that moment we have heard an announcement from the Mosque of Hanif Khondokar, which was situated at the north side of the Rangamati Road.’—You have not mentioned anything about this to the Investigation Officer.

Witness: Not true.

Defence: ‘After hearing this announcement we got some relief. In the mean time my elder uncle Jotilal Sharma who has left towards Hat-Hajari with family has returned home after listening the announcement.’—You have not mentioned anything about this to the Investigation Officer.

Witness: Not true.

Defence: From whom you have got the news that the Pakistan Army has reached?

Witness: I have heard about this at Gohira Choumohoni.

Defence: Have you met any respectable person at Gohira Choumohoni on that day?

Witness: I can’t recall.

Defence: ‘After that we all have started taking meal and my mother was serving the foods for us.’—you have not mentioned it to the Investigation Officer.

Witness: Not true.

Defence: ‘At the last stage of our meal, we have watched that- Salahuddin Quader Chowdhury along with the armed forces have arrived at our doorstep.’—You have mentioned it to the Investigation Officer.

Witness: Not true.

Defence: ‘Among those armed group one has confirmed that- “No worries, we will not kill you. Step out from the room.’—You have not mentioned it to the Investigation Officer.

Witness: Not true.seeing Salahuddin Quader Chowdhury at your doorstep on 13th April, 1971.

Witness: Not true.

Defence: A group of evil minded people had insisted and make you learn to say these words.

Witness: Not true.

Defence: ‘When I have just stepped down from my room, they have shouted at me- “Hands Up”. I have raised my hands. Three soldiers had come forward to me. Among those two were coming forward by triggering their guns.’—You have not mentioned it to the Investigation Officer?

Witness: Not true.

Defence: ‘Then I thought that- if I try to start resisting, in that case they will kill all of our family members and will burn our house. On that time my mother, fathers, brother, uncle, nephew all were crying loudly.’—You have not mentioned that to the Investigation Officer.

Witness: Not true.

Defence: When you were standing on the line who were standing on your left and right side?

Witness: I was standing at the north side of the line then Jotilal Uncle was standing next to me.

Defence: Whether you all were standing or sitting on the line?

Witness: At first we were standing after that on their instruction we have sat down on the line. My father was next to my uncle, then my mother was next, my nephew was at the lap of my mother, then my brother Sunil was sitting next to our mother and Uncle Makhonlal was sitting at his side and was shouting.

Defence: Where was the Pakistan Army standing at?

Witness: Next to 7/8 yards from us.

Defence: Whether you were sitting very closely?

Witness: Yes.

Defence: What was the distance between all of you?

Witness: I can’t recall.

Defence: For how many times they have shot down brushfires?

Witness: 2 times.

Defence: How many Army men were involved at Brushfiring?

Witness: 1.

Defence: Whether he has changed the Magazine?

Witness: I don’t know.

Defence: The statement of Brushfire by the Pakistan Army is a false statement.

Witness: Not true.

Defence: What was the duration in between the two sets of Brushfires?

Witness: I can’t recall, but it was not a long duration.

Defence: When you have returned home for the second time, whether you have watched the sign of bullets over the ground?

Witness: It was dark place, so it was not possible to watch that.

Defence: You, your brother and nephew have left toward India before the day of occurrence and stated false words about the invasion of the Army.

Witness: Not true.

Defence: Your father- mother and Uncle all have met natural death after the liberation war.
Witness: Not true.

Defence: So that you have not collected any death certificate from the Union Cpuncil Office.

Witness: Not true.

Hearing adjourned till the afternoon. Afterwards the tribunal continued with the same matter

Defence: Whether there was any person in your area who had seen Salahuddin Quader Chowdhury in your area on 13th April, 1971?

Witness: I cannot tell the name of any person.

Defence: In which side of the house is that of Jotilaal Shorma’s situated?

Witness: It is adjacent to my house and in north side.

Defence: He died naturally after the Liberation War?

Witness: It is not true.

Defence: Did you know whether his wife Pramila is living in that house or not?

Witness: She lived here but whether she is now living or not, I do not know.

Defence: What did Jotyilaal do?

Witness: Jotyilaal was a tailoring master.

Defence: How far a distance was the fence from the balcony of your house?

Witness: It is in North side and 10 to 12 yards distance.

Defence: In which side is the house of Makhon laal situated from your house?

Witness: It is adjacent to my house and situated in north side.

Defence: Were the house of you and the house of Jotylaal and makhonlaal situated in opposite.

Witness: No these were in side by side.

Defence: Whether there was any other house just opposite to yours?

Witness: No, there was no other house.

Defence: You have said about corridor, Would please tell me how long distance it was?

Witness: Yes, tt was 2 or 2 and half feet high.

Defence: You have said about a narrow road between you and the house of Makhon laal and Jotylaal. Would you please tell us the width of that corridor?

Witness: It might be 2 and half or 3 feet.

Defence: Did you see any advertisement on newspapers that the investigation agency is seeking those persons who have knowledge upon the Liberation war.

Witness: I do not know.

Defence: The way from Chittagong to your house was muddy path during the Liberation war.

Witness: Yes.

Defence: Pakistan Army came with a car and stopped before your house.

Witness: I did not see any car.

Defence: Did you see them when they were going back.

Witness: Yes, they were going back on foot.

Defence: They were coming to your house through the road.

Witness: They were coming from the west side and way back to the east side.

Defence: Who was beside you?

Witness: My uncle Joylaal shorma was with me.

Defence: Did Pakistan Army surround your house?

Witness: No.

Defence: Did you get any sound of firing and fighting while army coming to your house?

Witness: No.

Defence: In which business you were doing during the Liberation war?

Witness: I cannot say.

Defence: Have you seen that Pakistan army coming from the west and going to the east side?

Witness: Yes.

Defence: When did they leave your house?

Witness: After 10 or 15 minutes later

Defence: Who helped you to take your injured father inside the house?

Witness: No one since there was no person.

Defence: Where did you complete your S.S.C?

Witness: From Gahira High School.

Defence: Where did you complete your H.S.C?

Witness: I cannot say.

Defence: Where did you complete your Graduation?

Witness: From city College.

Defence: In which Year?

Witness: I cannot remember.

Defence: Did you go to the village Gorduara of Haathazari?

Witness: It was on 13th April.

Defence: Who lived there?

Witness: My Aunt (mother’s sister) was living there.

Defence: What was the name of your Uncle and Aunty?

Witness: I cannot remember at this moment.

Defence: Did you get the Inheritance certificate from the Union Council?

Witness: No, I did not get.

Defence: Did you go Gorduara on foot?

Witness: Yes.

Defence: When did you back to your house?

Witness: At 7 or 8pm.

Defence: Did you meet with Kaji Farid within those 9 months.

Witness: No.

Defence: Did you meet with Mr. Kristto son-in-law of Natun Chandra in India?

Witness: No, even I did not know him.

Defence: On 26. 8.2012, the Investigation Officer met with you.

Witness: I cannot say the date exactly.

Defence: How many times you have met with Investigation Officer?

Witness: Total three times.

Defence: Where did you meet with him?

Witness: I have met with him at the circuit house Chittagong.

Defence: You did not show that said place to the Investigation Officer.

Witness: Yes because I did not go to my village.

Defence: Nearghata is situated in which side of your house.

Witness: It is in the North-east side.

Defence: There was living and now there continues to live many Muslim people at the way to Rangamati to your houses.

Witness: Yes.

Defence: Did you tell the incident of 13th April to those Muslims?

Witness: I did not tell it anyone; they knew it as they had come to see our house at that time.

Defence: How many days later after that incident they came to your house?

Witness: After returning from India I heard that they had come to see my father.

Defence: Would you please tell us the name of five persons who came?

Witness: They were Kaji Farid, Danu Uncle, Kamal Uddin, Abdul Khalek and others.

Defence: They all are alive.

Witness: No, they have all died except Kamal Uddin.

Defence: Particularly upon which sector Dr. Makhon Laal Shorma was involved?

Witness: Basically he was village doctor; he had a pharmacy in Khondokia market of Haathazari village.

Defence: Did you tell it to the Investigation officer that your uncle Makhon Laal Shorma was heavily injured.

Witness: I have said.

Defence: When did he die from the date of Incident.

Witness: I cannot say.

Defence: When did you reach at Sabroom?

Witness: On 16th April.

Defence: Whilst going to India, did you take food from one of your relatives house? Would you please tell us the name of that relative?

Witness: His name is Jadu Mahajan.

Defence: Whether children of Jadu mahajan were alive.

Witness: Yes.

Defence: Did you tell them that incident?

Witness: No as they knew it before.

Defence: Whether they went to India with you?

Witness: No, they came a few days later.

Defence: Who was the sector commander of sector no. 1?

Witness: I do not know.

Defence: You were not fighting for liberation under the sector no.1.

Defence: “At that time two soldiers started coming forward and after getting them close all of my present family members started crying loudly by holding their legs” You did not tell it to the investigation officer

Witness: I have said.

Defence: “At that time me, my brother- Sunil Sharma, my uncle- Jotilal Sharma, younger uncle- Makhonlal Sharma surounded Salahuddin Quader Chowdhury and other soldiers and broke out crying, some of us have hold their legs. They have instructed us to stand in a line. We were not moving for making a line at first, afterwards when we apprehended that there would be great damages if we won’t follow the instructions. Then we have started standing on line. Then Salahuddin Quader Chowdhury and other soldiers have gone back from 15 hands step from us and instructed us to sit down. They were standing by facing at the east side. They have started taking the preparation of Brushfiring over us by slightly moving at the south-western angle. Just before they started brushfiring I fell down, they have brush-fired for two times. I was lying there numbly, because if I would stand up they might shoot me. When everything became silent I have heard a sound of someone moaning. Then I rose up and saw that- Salahuddin Quader Chowdhury and other soldiers were moving towards the eastern side”. You did not tell it to the I.O.

Witness: I have said it.

Defence: “Then I saw a bullet has pierced the left side of my mother’s stomach and all the intestines have come out. [Crying] She has lost her soul already” You did not tell it to the I.O.

Witness: I have said.

Defence: “My younger Uncle Makhonlal Sharma was having a heavy injury on his head by bullet after sometimes he died”. You did not tell it to the I.O.

Witness: I have said.

Defence: “My father was a healthy man. His left hand was heavy injured by bullets. He got injured in his left thigh by the bullets and his bone got broken. After listening the sound of bullets and fire, my other brother who was out of home at the time of incident came home and saw this massacre. At this above circumstance me and my brother fled away from the place and crossed the Halda River and reached the Gorduara village under Hathajari Police Station and stayed there for the whole day” You did not tell it to the I.O.

Witness: I have said.Defence: “My father was asking for water in a very low voice and was instructing us leave the place. We have served a pot of water to our father and left the house. Then we sat on the high land of the right side of our house and I was thinking whether I am in a bad dream or is it a reality. At 8:30 to 9:00 P.M. we were trying to cross the Rangamati Road to go towards the North side” You did not tell it to the I.O.

Witness: I have said.

Defence: “There was a house at the north side of our house; the owner of the house was Mr. Ali Chowdhury. We have observed that a slight beam of light is coming from their holes of the fence of the house. By following the light we went towards the front side of the house. By listening our call, the residents have taken us inside. They were taking preparation for sleeping. They have let us lie on their bed. But we all were unable to sleep in the night. The residents were just thinking- how they could let us leave the place safely. There was a man named Daru Mia, we used to call him Daru Uncle. He has waked us up from sleeping; he has stated that if you stay longer here, in that case all of us would get in trouble. Then he has put two caps over the head of me and my brother and wore another cap over his head” You did not tell it to the I.O.

Witness: I have said.

Defence: “The people who have gone to India from Bangladesh were being given a pass. After receiving a pass from there we have took shelter in a school. After that we went to Agortola from Sabrum. At the Agortola we were at the shelter of my friend” You did not tell it to the investigation officer

Witness: I have said.

Justice Nizam: We have said that you will be given three sessions. This is the last session and time is already going to be over.

Defence: My lord, if you say like this then how can I will continue? I am not used to doing like this manner.

(Then by gathering up all his documents and papers he left the dais)

Justice Nizam: We have allotted three sessions for you, now if you do not complete it I have said it before that I have to pass an Order at the end of the day. We have had passed an Order setting the time limit and now we are passing another Order as the third session is expired.

Justice Nizam: Would you like to pass the Order now?

Defence: Yes, my lord.

Justice Nizam: It could go either way.

Justice Zaheer: Why don't you continue until 4:30pm and then we shall see. Do continue until 4:30pm then if you are not able to complete, we will see.

Then the defence lawyer went to the dais for completing the cross-examination within the day.

Ahsanu-Haq-Hena: On 13th April Your father, brother, uncle, mother, nephew no one was killed and injured.

Witness: it is not true.

Defence: In your house Bimol, your mother was in your house but you, Sunil were not in the house.

Witness: It is not true.

Defence: Dr. Makhon laal and your father no one was injured. You are giving false statement in a false case.

Justrice Nizam: Why you have asked this question?

Defence: My lord, I am going to complete my cross. I have to complete it today.

Justice Nizam: Mr. Hena stt down and take rest. (Tribunal chairman repeatedly said counsels to take his seat)

Ahsanu-Haq-Hena: My lord, I am well and I have to complete it today.

Justice Nizam: Mr. Hena please take your seat and your face does not indicate that you are well. Just please tell us how much time you need to complete the cross examination.

Defence: I need 1 and half hours to complete.

Justice Nizam: Mr. Hena, you are here to assist us.

Order Given by Justice Nizam (summary)

Justice Normal Chandra was produced before us by the prosecution to give evidence of this case. Under the Act and rules we are authorised to regulate time management. We have stated categorically both of the parties the reasons for it.

In examination-in-chief, we allotted two sessions but it took one sessions to complete the Chief. After the completion of Examination-in-chief and before the starting of cross examination, I have seen the volume recorded by us. After that we have allotted three sessions to the defence although we are of the view that doubled time will be given to the cross examination. Only seeing the gravity of the offence we allotted three sessions to the defence.

Ahsanul-Haq-hena started cross examination yesterday but because of not taking proper preparation cross was stopped on 3:30pm and thus he could not avail to cross half an hour from the usual time, So we consider for fair trial time should be given to him.

Today, it is smoothly continued. We found that Mr. Hena is not able to complete it today then we ask him and he requires 1 and half hours.

We intends to continue it today but seeing his health condition we inclined to allow him adjournment today and allow Mr. Hena to start cross-examination 10:30 to 12:00am tomorrow with this the matter is adjourned.

Justice Nizam: Mr. Hena, there is no reason to become angry. I do not want to say anything but the way you reacted is really……(just shake his head)

Mr. Hena: My lord, I am not angry but I am a human being.

Thus the court is adjourned.