22 Oct 2012: Chowdhury 16th witness testimony

After dealing with the recall application involving Sayedee, the tribunal started with the case of Salauddin Quader Chowdhury, and the examination in chief of Prosecution Witness-16, Nizamuddin Ahmed (Father’s Name: Late Jahir Uddin Ahmed; Mather’s Name: Rahela Khatun; Age: 59 years old: Address: Village- Sufiniyajipara, Police Station-Lohagora, District- Chittagong.) (See 15th witness evidence)

In 1971 I was 18 years old. I have completed post graduation degree first part in Political Science from Chittagong University. I am a journalist. But after giving evidence to the investigation officer in this case I was sacked from Reuters. Now I am a freelance journalist. In 1971 I was a student of Intermediate 2nd year of Chittagong Government College. Then I was not involved with any political party. But there was a military training course named UOTC in different government schools and colleges, I was a cadet of it. After victory of 70’s election by Awami League, the then West Pakistan did not hand over the power to the East Pakistan and then the father of the nation Bangabondhu Sheikh Mujibur Rahman declared the independence of Bangladesh in 26th March and on his behalf Major Ziaur Rahman read the declaration which was telecasted by Kalur ghat Radio Station and this created a special situation in the country.  

In the mean time on 25th March the Pakistani Military drove a steam roller of oppression among Bengali people. Afterwards Police, EPR, Bengali soldiers and the mass people of Bangladesh made a strong defense against that oppression. When mass people of Bangladesh started making strong defense Pakistani Army started shelling over Halishohor (an area of Chittagong) on EPR and Sholoshohor (an area of Chittagong) on Bengali soldiers. They brought tanks from cantonment and attacked on Bengali soldiers in Halishohor. After continuous attack the Bengali soldiers did not stand and they started retreating back towards Chakbazar (another area of Chittagong). The soldiers took their position from Medical College to Kapasgola Girls’ High school. After doing a heavy fight they were compelled to go back to Balurghat (another area of Chittagong).  

At that time I returned to my Chakbazar’s house. I lived there in a rented house and my father was a teacher of Chittagong University. In 3rd April Bengali soldiers took the possession of the city. In the name of searching, they set fire on various localities, caught people and killed people. We saw many dead bodies on the road of Chittagong district. Afterwards I tried to leave Chakbazar and to communicate with those who were fighting freedom fighters and I tried to help them. Then I made a decision in my mind that I would help those freedom fighters who returned to the country after taking training. Then two months passed. In the middle of June, a young man came to me named Siddique and told me that he heard my name from his friends that I would help him. He informed me that he took training from ‘Hit & Run’ institute. After hearing him I understood that it’s my time to help them and work with them. I made a group with him taking another 2 persons named Syed Wahidul Alam and Siraj in Nandan Kanan area. We made our camp on a half burnt house in Hathajari area. I said it a half burnt house because before that Pakistani Army set fire on all houses in Hathajari area. Using that house we stared giving help to those people who were working in favor of freedom fighters. Suddenly we were disconnected from Siddique. He stopped coming to our camp.  

On 5th July we were waiting for Siddique from afternoon suddenly at evening we heard ‘Hands Up’ but prior to this we heard the sound of coming a Jeep. Looking on window we saw that Pakistani soldiers were pointing their gun (Chinese Rifle) on us and they wore their uniform. Along with them there were three or four smart boys wearing civilian dresses. At gunpoint they fastened our hand tightly around our backs and pulled us onto the Jeep. We saw that there was another Jeep and there were lots of Pakistani soliders on it. We reached Goods Hill after about 5/6 minutes though the distance from Hathajari to Good Hills was one or one and half kilometers.  

After reaching Goods Hill the smart boys who were with that operation stepped up from the Jeep and shouted with joy saying, ‘mission successful’. I saw there was another 15/20 people like us waiting in the garden. We three were taken into the house. There I saw 10/15 familiar leaders. I saw there Mr. Fazlul Kader Chowdhury who wore Kurta and Pajama and a Zinnah cap. When we three were taken to him and, suddenly he got very excited and said that, ‘you are freedom fighter’? Then he held me very tightly and punched me on my face and told that, ‘You said Joybangla and the Hindus wave their tale of Dhuti. (Dhuti is a kind of clothing and waving its tale is the sign of expressing joy)’. Then he ordered his people to beat us. I personally respected him very much but after this incident his image changed to me. Then we were separated. I was taken to a small room and torture was started on me. They hit me by a rubber coated cane and asked me different questions. And this continued for two or three hours. Then I was brought into a drawing room beside this small room for a while. In that room a young boy aged 18 or 19 years old and a teenager girl came and teased me. It seemed to me that I was brought to them as an exhibition. I was again brought to that small room and people in civil dress started torturing me again. I was tortured from 7.30 to till midnight.  

From the conversation of those who tortured me, I came to know that amongst those who brought me to Goods Hill was the son of Mr. Fazlul Kader Chowdhury. Afterwards I came to know that he was Salauddin Qader Chowdhury. (Afterwards, I wrote this in different newspapers and other people also wrote this.) After that I was taken to a garage. I saw my two friends in a very injured condition. My hands were fastened so tightly that I couldn’t sit normally. I saw that my whole body was injured severely because of torture. Then each and every moment I spent there seemed to me like a year.

In the next morning, though no Bengali from Goods hill brought breakfast for me a Punjabi soldier did which was one porata (kind of bread) and tea. It was like heavenly breakfast for me. They untied my hand but I was unable to hold the bread and eat so I was kept hungry for all the day long. In next evening I was again taken to that small room and they tortured and interrogated me again and again. Then they brought me and my other two friends to the Army Camp of Stadium by a Jeep. There also I was tortured. One of us Sayed Wahidul Alam was set free by them for reason unknown. In the evening of 13th, I and Siraj were brought to the Cantonment. The chief of that cantonment was Major Gajanfar. He also interrogated me and tortured me. Around 11/12 pm we were taken in the Jail by a truck. I stayed there till 18 November. In Jail I was in a condemned cell. At last in 16 December our country got independence. Today Mr. S. Q. Chawdhury is present and I gave my evidence to the I.O. earlier.

Cross Examination by the defence lawyer Ahsanul Haque started

Defence: Did you file any suit for the torture which was done at 1971?

Witness: No, I didn’t.

Defence: The writer of the book named ‘Bangali Jatiyotabadi shongram, muktijuddhe chottogram’ do you know him?

Witness: Yes, I know him.

Defence: Did you read that book?

Witness: No, I didn’t.

Defence: In that book there were some thing else said.

Witness: It’s not true.

Defence: Who was the head of the institution Hit & Run?

Witness: I don’t know.

Defence: Is Mr. Siddique alive?

Witness: I do not know.

Defence: Another name for Sayed Wahhidur Rahman was, ‘Julu pagla’ is that true?

Witness: Yes it is.

Defence: There was a MP named Sayed Wahidur Rahman in Chittagong, is that true?

Witness: Yes, it is.

Defence: Do you know advocate Mridul Guha?

Witness: Not by name.

Defence: Do you know the place Ajijnogor?

Witness: I heard the name.

Defence: Dr. Sadeq, Dr. Nowshad, Shopon, Rahim, Mridul Guha you all were caught with arms in 71, is that true?

Witness: No, It’s not true.

Defence: Ajijuddin Ltd was under non-Bengali control?

Witness: Might be.

Defence: Were you caught with arms?

Witness: When I was caught from our camp, after searching two grenades and one Revolver was found by them.

22 Oct 2012: Defence lawyer 'showcause'

The defense counsel Abdur Razzaque, first mentioned that they had 6 applications relating to the trial of Delwar Hossain Sayedee.

These were: 

1. Application to allow Mr. Md. Habibur Rahman Khan to give evidence as defence witness (DW).
2. Application to issue summon on Gonesh Chondro Shaha so that he can testify as defence witness.
3. An application to allow privileged communication between Defence counsels and Accused-Petitioner before commencement of argument.
4. An application to recall DW 13, Masood Sayedee under Rule 46A of the International Crimes Tribunal Rules of Procedure, 2010 to submit signed copy of Exhibit – AM.
5. Two applications to record the Reply given by DW-13 willingly in an answer to the Prosecution question.
The chairman said that they should raise them when the case is called later that day.

The court then called the witness relating to the trial of Nizami.

Munshi Ahsan Kabir, the Defence Counsel then stated: My Lord, I would like to draw your kind attention to yesterday’s unwanted incident which occurred in this court room during the second session. There was an unwanted event between the witness and the defence counsel Tajul Islam, where the witness has mentioned that the counsel was a political cadre. It is unexpected. We want to see him apologize before the Tribunal for yesterday’s incident.

Chairman: Sorry is a word which we have almost forgotten these days. Defence is instructed to start their cross examination and to complete it within half an hour. And it is our clear direction that- no one is allowed to talk during the cross examination except the conducting counsel and the witness.

Mizanul Islam: My Lord, I wish the Court will pass an order for yesterday’s unwanted incident. What is the remedy for the misbehavior by the witness against the learned counsel? This is the second incident where the counsel Tajul Islam has been addressed as the political cadre. I think it was intentional.

Chairman: You are losing your time. You have got only half an hour in your hand.

Mizanul Islam: I expect your Lordship will give a proper decision in this regard. There is no authority in the hands of any witness to insult a counsel, in the same way that a counsel has not got any scope to humiliate any witness.

Chairman: You have already said the witness has no authority, so when there is no authority we’d not have any intention to pass any comment in this regard. And you are losing your time. We will stop exactly at 11:10 A.M.

Mizanul Islam: Your Lordship may stop taking the record at any time you wish. But I’d like to mention there was a similiar sort of unwanted incident in the other tribunal where action has been taken. I can’t agree that you have no authority to make comment or taking actions.

Justice Jahangir Hossain: The Chairman has made his comments, but you’re still debating. Please proceed on because you do not have enough times in your hands. After that you may talk about it.

Mizanul Islam: If the Tribunal remains silent about the matter then in coming days another witness will be interested to do similiar activities.

Chairman: Do you think so?

Tajul Islam: I’m the officer of this Court and as well the conducting lawyer. I have applied for my protection, but the Tribunal has not agreed to secure any proper remedy. As my protection has not been secured so I’m leaving the room.

Chairman: Mr. Tajul; stop. And don’t leave the room.

Tajul Islam: No I will not stay here during the cross examination of this particular witness who has misbehaved with me yesterday.

Chairman: As you are the conducting lawyer you are not allowed to leave the room during the proceeding. Let me read Rule 45(B).

Tajul Islam: I know the contents of Rule- 45(B).

Tajul Islam: You are not giving me any protection, so I will not stay here whatever is said in the aforesaid rule.

Tajul leaves the room

The Tribunal became very silent at this point and the Chairman has passed the following order.

It appears that Mr. Tajul Islam when appears before this Tribunal seems always angry. Yesterday we have seen that Tajul Islam has stood up every 3 or 4 minutes. The witness at certain point of time could not control himself and made some comments. Then there arose a chaos in the Court room. We found Tajul Islam liable for everything that happened. And today when Mizanul Islam started speaking we have directed everyone to keep silent except the conducting counsel to talk; then Tajul Islam stood up and prayed for action against the witness. He told that- if the action is not taken he will leave the room. We have warned him that- if he is supposed to leave the room it will fall under misconduct under Rule- 45(B) of the ICT Rules of Procedures. Afterwards he has left the room in a very rough way.

Now at this circumstance he is directed to show cause why it is not to be counted as misconduct. And he is asked to give a reply within 15 days. Then we will decide what to do.

Once after a similar sort of misconduct, a show cause notice had been issued but this was not proceeded on after the request of Mizanul Islam.

We will add some other points in this order afterwards.

Mizanul Islam: It is very unfortunate.

Chairman: It is really unfortunate for everyone except the person who is responsible for this.

Okay start the cross examination.

21 Oct 2012: Nizami 1st witness cross exam day 6

After dealing with Sayedee, the tribunal then moved onto Nizami’s case.

The tribunal then moved onto the case of Nizami, and the continuation of the cross-examination of Mesbahur Rahman Chowdhury, the first witness against the accused. (This continued from here)

Mizanul Islam: Did you see any FIR filed for the killing of Intellectuals in1971?

Mesbahur Rahman : No, I didn’t.

Mizanul Islam: Did you know who filed those FIRs?

Mesbahur Rahman: No, I didn’t.

Mizanul Islam: Did you give your evidence to the Investigation Officer in every cases filed in ICT or only in this case?

Mesbahur Rahman : Only in this case.

Mizanucel Islam: Do you know any brothers, sisters and nieces of Golam Azam?

Mesbahur Rahman: I know one or two brothers of Golam Azam but not his sisters or nieces.

Mizanul Islam: When did you first meet Golam Azam?

Mesbahur Rahman: In 1970 we first meet each other.

Mizanul Islam: After that next when did you meet?

Mesbahur Rahman: In March of 1974.

Mizanul Islam: In Saudi Arabia, when did you meet?

Mesbahur Rahman: In 1974 we met in Saudi Arabia.

Mizanul Islam: Except these above mentioned meeting did you meet him anywhere else?

Mesbahur Rahman: In London we met but didn’t talk that time.

Mizanul Islam: Except these times, did you meet him anywhere?

Mesbahur Rahman: No.

Mizanul Islam: You were selected as a member of the ‘Board of Governors’ of Bangladesh Islamic Foundation in 2008.

Mesbahur Rahman: Yes, it’s true.

Mizanul Islam: In 2008, the election commission made a list of those political parties who were rejected after asking Registration for election, did you know that?

Mesbahur Rahman: Yes, I know.

Mizanul Islam: Was the name of ‘Freedom Party’ (a political party of Bangladesh), in number 1 of that list of those parties rejected for registration?

Mesbahu Rahman: It was not in the rejected list of registrations, it was in the list of parites whose registration was cancelled.

Mizabul Islam: Did you see the list with the names that were rejected?

Mesbahur Rahma: No I didn’t see that list.

Mizanul Islam: Do you know the name of those political parties whose application for registration for election was rejected?

Mesbahur Rahman: I don’t know all the names of those parties.

Mizanul Islam: You said in your examination-in-chief that, ‘when I got the invitation for joining in Badar force I didn’t communicate with Jamat-e-Islami and Islami Chatra Sangstha, I only communicated with my father and went to London’. Is that true?

Mesbahur Rahman: Yes. It is.

Mizaul Islam: When did you get married to Munni Begum?

Mesbahur Rahman: In 1978.

Mizanul Islam: When did you get ‘Khola’ divorce with her?

Mesbahur Rahman: In that same year.

Mizanul Islam: When did your present wife pass SSC examination?

Mesbahur Rahman: I can’t remember right at this moment. But when we got married in 1981, she was a student of Bachelor of Commerce.

Mizanul Islam: Do you know anyone living in Canada named Khaled Chowdhury son of Fazlul Wadud Chowdhury and Lutfunessa Chowdhury?

Mesbahur Rahman: No, I didn’t know anyone like this but my sons name is Khaled Chowdhury and my sister and brother-in-law’s names are Fazlul Wadud Chowdhury and Lutfunessa Chowdhury.

Mizanul Islam: Do you know Abdus Sobhan was arrested in a case of this Tribunal some days ago?

Mesbahur Rahman: Yes, I know.

Mizanul Islam: Do you know him (Abdus Sobhan)?

Mesbahur Rahman: I don’t know him personally but I heard his name.

Mizanul Islam: When did you hear his name?

Mesbahur Rahman: Many days ago.

Mizanul Islam: Do you know whether he was a member of ‘ Nizam-e-Islmai’?

Mesbahur Rahman: No. I don’t know.

Mizanul Islam: What is his political identity?

Mesbahur Rahman: As far I know he did Jamaat-e-Islami.

Mizanul Islam: Did he join any other political party?

Mesbahur Rahman: I don’t know.

Mizanul Islam: What is the present condition of your General Diary which you filed to collect the letter written by Nurul Islam to Mr. Motlib?

Mesbahur Rahman: It is now under investigation.

Mizanul Islam: What is the name of the investigation officer of that case?

Mesbahur Rahman: I couldn’t remember at this moment.

Mizanul Islam: Mr. Malek did which party?

Mesbahur Rahman: I don’t know.

Mizanul Islam: Who was his chief secretary?

Mesbahur Rahman: I don’t know.

Mizanul Islam: In 1971 who was elected as MP (Member of Parliament) in Dhanmondi area of Dhaka?

Mesbahur Rahman: I can’t remember at this moment.

Mizanul Islam: Who was the candidate of MP from Jamaat in 1971?

Mesbahur Rahman: I also can’t remember.

Mizanul Islam: Did you take any interview of any acting DC, SP or OC in 1971 for your research?

Mesbahur Rahman: Yes, I took.

Mizanul Islam: Did you take the interview of Deputy Collector of the then Dhaka? What was his name?

Mesbahur Rahman: No, I didn’t. I don’t know his name also.

Mizaur Rahman: Who was the SP (Police Super) of the then Dhaka?

Mesbahur Rahman: I don’t know.

Mizanur Rahman: Did you take the interview of DC, SP or OC of the then Pabna and Sathiyan (a Thana of Pabna)?

Mesbahur Rahman: No, I didn’t take any interview of them, I didn’t feel that was necessary.

Mizanur Rahman: Did you take the interview of that DIG who was appointed for the investigation and scrutinization of the cases of killing of intellectuals.

Mesbahur Rahman: I don’t remember.

Mizanul Islam: In 1973/74 who was the Superintendant of Police of Dhaka city did you take his interview?

Mesbahur Rahman: Yes, I did.

Mizanul Islam: What was his name?

Mesbahur Rahman: SP Mr. Mahbub.

Mizanul Islam: Did you make the list of war criminals and criminals of crime against humanity?

Mesbahur Rahman: Yes, I did.

Mizanul Islam: How many names of Pakistani soldiers came in that list?

Mesbahur Rahman: There was no name of Pakistani Army, I made the list of Al-Badr force.

An argument between defense counsel and chief of the Tribunal, in which defense counsel Tajul Islam alleged that the Tribunal was influencing the language of the witness which the Tribunal took exception to.

Then Mizanul Islam asked the next question about which commander or officer of Pakistani Army controlled the Al- Badr force of East Pakistan and West Pakistan also. Though subsequently this question was not accepted, Mesbahur Rahman started giving answer saying that the political control of Badr force was under Jamat-e-Islami’s hand but he was stopped by the defense counsel and it led to a chaotic situation.

The witness suddenly lost his control and said to Tajul Islam, ‘You have been ridiculing me ever since I came here in the morning’. Tajul Islam vehemently denied having insulted the witness. The witness replied in a warning tone, ‘don't speak like that to me. I am also into politics.’ This got Tajul Islam flying into a fit and he kept shouting alternatively addressing the witness and the tribunal. He said he sought protection for having been threatened in front of the court. A former member of Jamaat's student wing, Islami Chhatra Shibir, he said, ‘I come here as a lawyer and not a Shibir cadre. I seek the protection of the court,’ Tajul Islam kept saying athis nd the tribunal Chairman, Justice Mohammad Nizamul Huq indicated that he heard what had been said and said, ‘do take your seat.’

But the defense counsel was not satisfied with this and continued to complain to the tribunal. The witness told the court that the kind of remarks that the counsel was passing were more like a politician than a lawyer. The prosecutors had stood up by this time and began shouting at the defense counsel across the aisle almost entirely drowning out the judges trying to calm the situation. The defense counsels on their part told them the prosecutor to quieten down as it was their time with their witness.

Defense counsel Mizanul Islam was clearly heard shouting to the witness in a very loud, "What is this?" The witness had hardly stopped shouting back at the counsels and at one point he and Tajul Islam were both standing, waving angrily at each other and shouting at the top of their voices. Tribunal member Justice Jahangir Hossain managed to quieten down the witness and also asked Tajul Islam to take his seat.

Prosecutor Syed Haider Ali who had stepped out of the court for some time came to find it in middle of the heated quarrel and was the first one to take the initiative to placate all the parties. After the situation was a bit normal the chief of the Tribunal ordered the defense counsel to continue the cross examination but Mizanul Islam refused to continue saying that now it is quite impossible to continue after this situation. The Tribunal at first refused then Mizanul Islam asked another question and that was

Mizanul Islam: When did the Government of Pakistean declare A-Badr as an auxiliary force of Pakistan Army?

Mesbahur Rahman: I can’t remember right at this moment.

Then again Mizanul Islam asked the Tribunal to stop and then court was adjourned and Mizanul Islam was given half an hour to complete his cross in the next day.

8 Oct 2012: Nizami further evidence application

Main 8 October application page

Prosecution application for use of additional  evidence in case of Nizami

In Motiur Rahman Nizami's case, Prosecutor Mir Ikbal Hossain stated that they would like to add some more information. Mizanul Islam has stated that the Prosecution has no authority to undertake further investigation, so the Prosecution should not be allowed to produce some other information. Then Justice Anwarul Haque has stated, ‘Mr. Defence Counsel are you stating that without any further investigation there is no scope of adding the additional evidence? And you are also stating that, at the stage of the Trial there is no scope for the further investigation.’

Mizanul Islam stated that after submitting the Investigation Report there is no scope of adding additional information. And the scope of additional witness might come after the production of the present witnesses. The ICT Act clearly states about how to submit the Investigation Report. After the investigation if it is found that there is no prima facie case then the Chief Prosecutor may close the case after the review or might direct for further investigation. But there is no scope under the Rule- 2(9) of the ICT Rules of Procedures to initiate anything after the investigation. And there are so many judgments of the High Court Division about the additional witnesses and the additional statements.

Then Ikbal Hossain has said that even in the International Criminal Court there is a system of the submission of further witness during the Trial. We have submitted this prayer on 27th September, 2012 but somehow it has been delayed. Then Chairman asked Mizanul Islam that if he is interested to give any reply. Mizanul Islam said Yes. Then Chairman has stated that- okay come with the reply on the day after tomorrow. The Order will be passed on Thursday.

27 Sep 2012: Nizami transfer refused

After dealing with the Azam case, the Chairman has started reading and dealing with each of the following matters of the petitions.

1. Prosecution has prayed in the case of Motiur Rahman Nizami to add some other points to the report which has been collected from the witness by the investigation afterwards. Mizanul Islam has said that they have not got any copy so could it be heard on any other date. Chairman has consented.

2. In the case of Mir Kashem Ali the defence has prayed that they have not been informed before the 48 hours of the interrogation starts. So Tribunal is asked to take necessary actions regarding the matter. Chairman has said that we will hear it after 15 days. Prosecution ought to make their reply ready.

3. Then the next two petitions were from the defence side about the contempt petition against Shahriar Kabir Chowdhury about one of his interview and another was about the contempt petition against the reporter Majharul Haque Manna. Chairman has said we will hear it afterwards.

4. Then the next one was about a review petition about the Transfer of the case of Motiur Rahman Nizami. After the perusal, Chairman rejected the petition.

17 Sep 2012: Nizami 1st witness cross exam day 4

The Chief Prosecutor first stated that the witness in Nizami’s case was present that morning, and asked whether he could be dealt with at the beginning of the day. Misbahur Rahman Chowdhury came to the witness box and the cross examination continued [See earlier cross examination here]

Defence: You have been arrested in 1994 for a violent conduct on a program arranged by the Islamic Foundation where the President was present as the Chief Guest.

Witness: Yes, but afterwards I was found innocent.

Defence: You have been detained under the Special Powers Act for 30 days and also been taken on remand for 2 days.

Witness: Yes.

Defence: In 1994 you have leaded a procession of the snake charmers.

Witness: Not true.

Defence: Have you taken any legal action against the newspapers who have published the untrue news about you?

Witness: I don’t use to take any legal action against any newspaper but I have sent a copy of my objection at that newspaper.

Defence: When have you sent the objection letter after the publishing of the news?

Witness: When the Newspaper has published the news then I was detained and my organization has sent a copy of objection. The newspaper has not published our objection but the other papers have published the same.

Defence: You were the president of the Baitul Mokarrom Hawker’s Committee.

Witness: No. I was the president of Baitul Mokarrom Musolli Committee.

Defence: By isolating the Islamic Foundation from the Baitul Mokarrom have you tried to operate Islamic Foundation in your own way?

Witness: No.

Defence: Did you have the license of exporting human resources?

Witness: No.

Defence: There was a charge against you of extortion.

Witness: Not true.

Defence: Do you know Munni Begum of 168, Basabo, Dhaka?

Witness: Yes. After the completion of the registration of the marriage with her we have mutually separated by the consent of our families before we start living marital life.

Defence: Do you know Ajijur Rahman of 178/B Khilgaon?

Witness: No.

Defence: Was you there in any rental house at Khilgaon?

Witness: Yes. But I came to know that- the landlord is a member of Jamaat-e-Islami then I have left the house.

Defence: That landlord has raised a complaint against you of theft.

Witness: I don’t know.

Defence: You are at present a member of board of Governors of Islamic Foundation.

Witness: Yes.

Defence: You have set up a construction of a hospital at Moulovibazar Upozila.

Witness: A hospital over our paternal property has been founded by the respectable Khatib Mawlana Salauddin Ahmed of Baitul Mokarrom on 2011. The construction work has not yet been started.

Defence: Who is the managing director of Tourist World Associates Ltd.?

Witness: Me.

Defence: Who is the chairman?

Witness: My elder sister Begum Gulshan Aktar who is settled at London.

Defence: The local people have raised an objection against your foundation of the Hospital as that has been founded over another’s property.

Witness: Not true.

Defence: Md. Mominul Haque is the writer of the book ‘Moulovibazar Zilar Itihas’.

Witness: I have neither read that book nor heard about it.

Defence: A memorial titled ‘Shotabdi’ has been published on the celebration of 100 years of Moulovibazar district.

Witness: Yes.

Defence: This book contains the names of several people who were in favor or against the liberation war.

Witness: Might be.

Defence: Your father’s and yours name were contained on that book as the people against the cause of liberation war.

Witness: I don’t know.

Defence: Your name has also been contained in the book ‘Moulovibazar Zilar Itihas’- so you are denying that.

Witness: Not true.

Defence: Brigadier Malik, Colonel Sorforaj Malik, Captain Nur Uddin Khan was in the duty on 1971.

Witness: I don’t know. But afterwards I have heard the several names.

Defence: Have you heard the names of Brigadier Ali, Major Ajij Ghotok, Captain Yousuf, Captain Rafik, Subedar Lalmoni who were in duty of Moulovibazar Mohkuma?

Witness: I have heard the name of Captain Yousuf among these names.

Defence: What was the nearest Army Camp from your house at 1971?

Witness: It was located 2 miles away from our house at the end of Court House, in a Circuit house.

Defence: Whom among the leaders of Islamic Chatro Sangha of Moulovibazar did you meet in 1971?

Witness: Sirajul Islam Motlib, Md. Ali, Ishak of Islamic Chatro Sangha and Advocate Abdul Jalal Chowdhury and the Ameer of Moulovibazar Jamaat-e-Islami. I have discussed with them for 2 days by sitting at the office of Jamaat-e-Islami at 1971.

Defence: Where was the office of Jamaat-e-Islami located at?

Witness: It was located at Choumohona Chottor.

Defence: What was the distance of Moulovibazar circuit house and Jamaat-e-Islami Office?

Witness: It was less than half a mile away.

Defence: There was a separate office of Islamic Chatro Sangha with the Jamaat-e-Islami Office.

Witness: Yes.

Defence: Where were the offices of Jamaat-e-Islami and Razakar located at?

Witness: I don’t know.

Defence: Whether the official activities of Al Badar has started before you leave for London?

Witness: The activities of the Al Badar of Moulovibazar district has started before I left for London but it has not been officially started.

Defence: Where was the office of Shahin Fouz located at?

Witness: There was no official office of that organization, but used to conduct their activities at the office of Islamic Chatro Sangha.

Defence: Have you met Major Fakhrul?

Witness: No.

Defence: Have you gone through the list of 195 prisoners of war prepared on the time of Shekh Mujibur Rahman Government?

Witness: Yes I have seen that in the newspaper.

Defence: Whose name was enlisted at the top?

Witness: I can’t remember.

Defence: Was the name of Major Fakhrul was there?

Witness: I can’t remember, as I have not watched the names of Pakistanis with great caution.

Defence: Whether there was any of Bangali in that list?

Witness: No.

Defence: What were the dates when you have visited the office of Jamaat-e-Islami?

Witness: I can’t remember. I first went before receiving the letter of Sirajul Islam Motlib and second time I have gone at the next day when I have received the letter.

Defence: Did Mr. Motlib used to regularly visit your house?

Witness: No.

Defence: Did Mr. Motlib send you only one letter when you were a member of Chatro Sangha?

Witness: Yes.

Defence: What is the distance of your house from the house of Mr. Motlib?

Witness: At that time Mr. Motlib has no house at the town. He used to stay at the student hostel. I have not visited his house at his village, but it might be 7 to 8 miles away from our house.

Defence: What was the distance of your house and the student hostel?

Witness: It was about 2 miles.

Defence: After the liberation where did the freedom fighters set up their first camp?

Witness: At the Government High School of Moulovibazar.

Defence: Who was in charge of that Camp?

Witness: I can’t remember. But my first cousin Toufikul Haque Chowdhury who was the freedom fighter commander and another one named Mosabbir who is now the Upazila Chairman were there. There were other relatives of us, 2 days before 16th December, 1971 Moulovibazar became liberated.

Defence: Who was the then MNA (Member of National Assembly) of Moulovibazar district at that time?

Witness: Isial Ali.

Defence: Have you raised any complaint against Major Fakhrul till date?

Witness: No. I have not raised any complaint against anyone to Toufilul Haque Chowdhury or Ilias Ali or anyone else till now.

Defence: Have you met Mr. Motlib after the liberation till your departure towards London?
Witness: No because he has concealed himself at that time.

Defence: Have you met the central leaders of Islamic Chatro Sangha after the liberation of 1970 to 25th March, 1971?

Witness: I have met many leaders.

Defence: Have you attended any program arranged by Islamic Chatro Snagha at Dhaka in 1970?

Witness: No.

Defence: Was there any program at Moulovibazar organized by the central Islamic Chatro Snagha at 1970?

Witness: I can’t remember.

Defence: Have you heard the name of Pachgaon village under the Rajnagar police station of Moulovibazar?

Witness: Yes. But I have not gone there.

Defence: Have you gone to the Udana tea garden?

Witness: No.

Defence: Have you gone to Mojid pur?

Witness: No.

Defence: Can you mention the name of the remarkable place of genocide at Moulovibazar?

Witness: Pachgao of Rajnagar.

Defence: Where is your maternal grandfather’s house located at and what is his name?

Witness: His house is at Nabinagar and his name is Onnoda Thakur Bhattacharjya. They used to live at west Bengal before the partition of 1947.

Defence: Who is Moinuddin Chowdhury Modhu Mia?

Witness: He is my first cousin.

Defence: You have tried to kill him by the assistance of Pakistan Army at 1971.

Witness: Not true.

Defence: What was the sector under which your area was situated at 1971?

Witness: I can’t remember.

Defence: Is Mr. Motlib alive?

Witness: Yes.

Defence: Has the investigation agency has directed him to be present?

Witness: I have heard that he has been instructed but he has not been present.

Defence: Has he absconded himself?

Witness: No.

Defence: Have you watched the hand writings of Mr. Motlib?

Witness: Yes, because he used to direct us to be present at the meeting by writing on his own handwriting over papers.

Defence: Have you submitted any handwritten paper of Mr. Motlib to the Investigation officer?

Witness: No, because he has not asked for that.

Defence: Can you submit any hand written papers of Mr. Motlib to the Tribunal today.

Witness: I can’t give it today, but if the Tribunal orders that I will try to do that.

Defence: When the activities of Al Badar have officially been started at Sylhet?

Witness: I have heard that it was at August.

Defence: What is the number of Al-Badars at Moulovibazar you have found?

Witness: If the Jamaat-e-Islami publish the names of their member then it would be possible for me to state the numbers of Al Badar at Moulovibazar.

Defence: Can you state 10 names of Al Badar at Moulovibazar.

Witness: No, I have not researched on that topic.

Defence: Do you have any idea about Regiment, Contingent and Tablo?

Witness: I have some ideas about regiment.

Defence: Is there any youth organization of Jamaat-e-Islami?

Witness: No there is no organization like that till date.

Defence: When have got the first news about the formation of Al Badar?

Witness: I have got the news of formation by the letter of Sirajul Islam Motlib in 1971.

Defence: Have you found any papers published by Jamaat-e-Islami about the formation of Al Badar by Jamaat-e-Islami in your research?

Witness: No, because those have already been destroyed.

Defence: When did you get the information that the papers of Jamaat-e-Islami have been destroyed?

Witness: I have found that in 1977 to 1978 by my research. I have published the excerpt of the research on February, 2007 by a press conference; the full report has not been published yet.

Defence: Have you gone to Motiur Rahman Nizami durin preperation of the report?

Witness: I have not personally asked him about the report, though I have met him twice after the formation of the Four Party Alliance.

Defence: Have you met Mr. Motiur Rahman Nizami after the division of Islami Oikkojot between you and Mufti Ejahar?

Witness: I can’t recall.

Defence: Was Jamaat-e-Islami banned before the birth of Bangladesh?

Witness: Yes, it was on 1962.

Defence: How the ban was withdrawn?

Witness: By maintaining a good relation with the Pakistan Military dictators. During the ban there was no democratic Government at Pakistan.

Defence: Do you have any idea about fascism?

Witness: Yes.

Defence: The fascists do not elect their leader by the democratic system.

Witness: Though they used to elect their leader under the disguise of democratic system but they don’t follow the democratic system. Fascism comes to each state in different forms- but the most specific examples of fascist are Hitler of Germany and Musolini of Italy.

Defence: Have you been elected as the president of Shahin Fouz by the fascist system?

Witness: It has been done by the wish of the leaders of Islamic Organizations by the so called election but I don’t know if it was done by the fascist system.

Defence: How many books have been published by the Jamaat-e-Islami on Islam?

Witness: I can’t state the number but so many books have been published.

Defence: Have you published any book ….. ?

Witness: I have not published any book yet but several books have been published by respectable Ialamic Scholars.

Defence: Have you seen Jamaat-e-Islami to participate together in any procession with Awami League?

Witness: I have not watched them together but they have moved on same cause.

Defence: Have you watched the photograph of the founder of Jamaat-e-Islami Mawlana Moududi and Sheikh Mujibur Rahman sitting on the same table, discussing?

Witness: No.

Defence: Did the Jamaat-e-Islami and Awami League moved together at same election?

Witness: During the Presidential election of Fatema Jinnah against Ayub Khan, all the teams except Ayub Khan and Muslim League has supported Fatema Jinnah, among them Awami League and other parties were there.

Defence: The leader of opposition party- Awami League was the leader and the member of Jamaat-e-Islami was the Co-Leader in the East Pakistan Provincial Council of the non-partitioned Pakistan.

Witness: I don’t know. As far as I can remember the co leader was from the member of Nejame Islami.

Defence: At that time you were the member of Islami Chatro Shangha.

Witness: Yes.

Chairman: Okay the Tribunal is adjourned till 2 P.M.

4 Sep 2012: Nizami 1st witness cross exam day 3

The tribunal started with the continuation of the cross examination of the first prosecution witness Misbahur Rahman Chowdhury in the trial of Nizami (following on from here). It was conducted by Mizanul Islam.

Defence: Were there two constitutions of Islamic Chatro Sangha [ICS]?

Witness: I can’t say it exactly.

Defence: Have you seen any Constitution of ICS?

Witness: Yes.

Defence: What was the name of the organization written over the Constitution?

Witness: Pakistani Islami Chatro Sangha.

Defence: Did the Investigator asked for the Constitution from you?

Witness: Yes but I was unable to provide that.

Defence: Did you provide your proof of document of being a member of ICS to the IO?

Witness: He has not asked for it.

Defence: How many units were there in the wings of Moulovibazar ICS?

Witness: I can’t remember.

Defence: If you have attended any meeting from ICS of Moulovibazar?

Witness: Yes between 1968 and 1969.

Defence: If the President and the Secretary have been elected from any meeting?

Witness: Yes in the meeting of 1968. There were 80 or 90 students who were present at the meeting. Among those students the college students were higher in number and the school students were fewer. A lot of college students have joined the Razakar and Al-Badar.

Defence: A lot of cases have been filed against the perpetrators of the war crimes of 1971 after the victory of 1971 at Moulovibazar Sadar Police Station.

Witness: No case has been filed against the Razakar or Al-Badar on this ground since December till my journey towards London after the liberation. I have heard that 3 or 4 of them have been arrested and being taken over to the Freedom Fighters Camp. I can recall two names from them, namely- Shamsul Haque Torofdar and Mohammad Ali.

Defence: What was the allegation against them?

Witness: I don’t know. Afterwards I have met Mohammad Ali at London, he has told me that after being detained in two years he was freed. I have not met another one.

Defence: If Mohammad Ali was freed after observing the term of his punishment or was he freed by the general amnesty of Bangabandhu Sheikh Mujibur Rahman.

Witness: I don’t know.

Defence: What did you do after returning to country?

Witness: I have returned to Dhaka and started researching and working on the matter of Freedom Fighters, Liberation War, Perpetrators and their roles at Moulovibazar.

Defence: What were your compulsory subjects at O level exam?

Witness: English Literature and Mathematics. And there were 5 subjects which were the general subjects. Afterwards I have completed a course on the language of Wales (Welsh).

Defence: What was the name of the school where you were taught the Wales Language?

Witness: It has no name.

Defence: What was the slogan of the school?

Witness: I can’t remember. I have appeared for five papers at the exam.

Defence: There were four subjects in Wales- English, Mathematics, Wales Language, Personal and Social Education were the compulsory subjects and there were other four subjects.

Witness: Not true.

Defence: What were your subjects at B.A. exam?

Witness: English, Bangla, History, Political Science, Social Science and others.

Defence: There were four subjects at 1984 at the Rajshahi University in BA exam. One language course was mandatory and two other subjects ought to be taken as optional subjects. You have not appeared at the BZ exam and you have not passed.

Witness: Not true.

Defence: You have not appeared at the BA exam from the Kushtia University.

Witness: Not true.

Defence: Was Professor Gholam Moazzem a perpetrator in 1971?

Witness: I don’t know. I have seen him in 1974 at the palace of Saudi Arabia. Afterwards I have heard that he was the personal physician of the king of Saudi Arabia.

Defence: He was never been assigned as a Doctor at Saudi Arabia.

Witness: Not true.

Defence: When you have gone to Meccah then Prince Ahmed Bin Abdul Aziz was not the Governor; but Prince Fawaz Bin Abdul Aziz was the Governor.

Witness: Not true.

Defence: If you have given the invitation letter to the investigation officer by which you have been invited to Saudi Arabia at 1975?

Witness: He has not asked for it.

Defence: You have not met the Prince as he has died on the very day you all have arrived there.

Witness: Not true.

Defence: What was the name of the palace?

Witness: I can’t remember, but it is situated at Riyadh.

Defence: Among AL-Badar, AL-Shams and Razakar which has been formed at first?

Witness: By my research I came to know that- Razakar and Al-Shams have been formed before the formation of Al-Badar.

Defence: When the Razakar Bahini has been formed?

Witness: After Gholam Azam met Tikka Khan in 1971 it has been formed. But I don’t know if it was formed in either March, April or the exact month.

Defence: How was the Razakar Bahini formed?

Witness: By my research I came to know that the team has been formed by the circulation of an Ordinance.

Defence: If the Ansar Bahini has been abolished by that Ordinance?

Witness: I don’t know.

Defence: Was the DIG of Police Abdur Rahim, the first Director of Razakar Bahini?

Witness: I don’t know.

Defence: If the designation of the District head of the Razakar was titled as District Adjutant?

Witness: I don’t know.

Defence: If there was any direction in that Ordinance, by whose command the Razakar Bahini will run?

Witness: No. But it was written in the Ordinance that- the Pakistan Government will pay the salary. I have learned it by reading the Ordinance.

Defence: Who was the Razakar Head of Sylhet?

Witness: I don’t know.

Defence: The members of the Razakar team were being recruited from the local SDO.

Witness: I don’t know. It is known to me that- the Peace Committee was assigned to recruit the Razakars.

Defence: The Chief of Peace Committee of Moulovibazar was Advocate Misir Ullah. He was the supporter of Muslim League.

Witness: Yes and he is alive.

Defence: Al Shams Bahini has been formed by the students who are the members of Islamic Political groups.

Witness: Yes. By mentioning the formation of Al Shams Bahini I am meaning the Jamaat-e-Islami and the Muslim League as the Islamic Political groups and I can’t remember who was the chief of East Pakistan Al-Shams group.

Defence: Who were the Chiefs of Dhaka, Sylhet, Moulovibazar Al-Shams Group?

Witness: I can’t remember. Al Shams Bahini has not been formed in my area.

Defence: Have you personally met the founder of Jamaat-e-Islami- Mawlana Moududi?

Witness: No, once I have seen him at Dhaka from a distant place.

Defence: Mawlana Abdur Rahim was the founder of East Pakistan Jamaat-e-Islami.

Witness: Yes.

Defence: Who was his Secretary?

Witness: I can’t remember.

Defence: Mawlana Abdur Rahim was involved with Jamaat-e-Islami till the liberation.

Witness: Not true. He was involved till the formation of Badar Bahini.

Defence: Have you met him anytime after the liberation war?

Witness: After a long while I have met him at the end of 1976 when he was preparing for forming the Islamic Democratic League.

Defence: Who was the founder of Islamic Democratic League?

Witness: Khotie Azam Mawlana Siddik Azam.

Defence: Afterwards there arose difference of opinion in between Mawlana Abdur Rahim and Khotibe Azam.

Witness: Yes, so that the Islamic Democratic Party has been divided in two groups. One group was being lead by Khotive Azam and another one was lead by Mawlana Abdur Rahim. The group of Mawlana Abdur Rahim was called as the followers of Jamaat.

Defence: Jamate Islami is a registered group under the Bangladesh Election Commission.

Witness: Yes.

Defence: Many people have worked and talked against this registration of Jamaat-e-Islami; and you are among those who were in this group who were against it.

Witness: Yes. After taking into cognizance our movements aim, the group was being registered at the Bangladesh Election Commission.

Defence: If Mr. Shahriar Kabir was with this movement against this registration?

Witness: Yes.

Defence: The group which is being leaded by you is a political group which was actually a political alliance.

Witness: Yes.

Defence: The team Islami Oikkojot is now aligned with which team.

Witness: It is now aligned with the Opposition party. And our party named as Bangladesh Islami Oikkojot is aligned with the present party in the power.

Defence: When was your party been formed?

Witness: In 2005.

Defence: Bangladesh Islami Oikkojot has not yet been registered under the Bangladesh Election Commission.

Witness: Yes and it is under process.

Defence: When did you apply for the registration?

Witness: Before the last election.

Defence: The Bangladesh Election Commission has checked everything about the Registration and nothing has been left pending.

Witness: Not true.

Defence: For how many times your group has faced the crackdown?

Witness: We have not faced any crackdown yet.

Defence: Who was the founder secretary of your party?

Witness: Mawlana Aminul Islam.

Defence: Mr. Aminul Islam has been convicted at the Pabna Court for the check dishonor case.

Witness: Not true.

Defence: The check has been handed over to the cattle-sellers custody in your presence?

Witness: Not true.

Defence: Do you know- Anisur Rahman, son of- late Abdul Mabud Molla, Addree- Ayesha Pharmacy, Block- A, Section-11 Main Road Busstand, Mirpur, Pollobi, Dhaka-1216.

Witness: Yes.

Defence: You have received 7 Lakh Taka from him to send to London, but you have failed to send him itthere, so he has filed a case against you.

Witness: No.

Chairman: Leave it. It is not necessary.

Witness: No it should go, otherwise the Newspapers like Daily Sangram will publish false news about the case of check dishonor against me. It will go against my reputation.

Chairman: All the Journalists, be cautious, don’t give any heading to your news on the basis of a mere suggestion to the witness. Wait till the answer comes out. Okay ask the question again.

Defence: You have received 7 lakh taka from Anisur Rahman to send him to London.

Witness: It is vague. One of my collegue Ziauddin has borrowed 5 lakhs taka from Anisur Rahman on the condition of paying the amount back with interest. Afterwards he has claimed 10 lakh taka from Ziauddin. After the mediation the amount has been settled to be paid amounting 7 and half lakh taka. I was acted as a custodian and gave him a check of 7 lakh taka. The check was not been cashed in due time. So he has filed a case. I have acknowledged the check and got bail from the Court. And paid all the amount except 30 thousand taka by Court. Right now 30 thousand taka is due.

Defence: You have mentioned the name of Ziauddin, but his name and description has not been mentioned in your reply of the legal notice.

Witness: Not true.

Chairman: Okay the Tribunal is adjourned till 2 P.M.

3 Sep 2012: Nizami 1st witness cross exam

After the cross examination of the Chowdhury witness, there was the continuation of the cross examination of the first prosecution witness Mizbahur Rahman Chowdhury in the case of Motiur Rahman Nizami (following on from here)

Defence: When was Islami Satra Sangho founded ?

Witness: I can’t remember it.

Defence: When as East Bangla Satra Sangho founded ?

Witness: I can’t remember it.

Defence: Who was the founder of Islami Satra Sangho ?

Witness: I can’t remember it.

Defence: Who was the founder President of east Pakistan Islami Satra Sangho ?

Witness: I can’t remember .

Defence: Have you any idea about organizing structure of Islami Satra Sangho?

Witness: Yes, I have.

Defence: What is president’s name ?

Witness: I can’t say that but Mr Eunus was east Pakistan Satra Sangho president and Matiur Rahman Nizami was the secretary during that time .

Defence: After Mr Eunus who was the next president or of his successor ?

Withess: Now nothing isin my mind.

Defence: How many terms was Matiur Rahman the secretary of that Sangho?

Witness: I am unable to say it?

Defence: From where Matiur Rahman Nizami has completed his secondary certificate ?

Witness: I don’t know exactly.

Defence: From where he has completed his higher secondary certificate ?

Witness: I don’t know exactly, but approximately he was a student of Dhaka Univarsity ( D.U. ).

Defence : In 1969 who was the president of Chatro Sangho of Dhaka City?

Witness: Abdul Malek

Defence: who was the secretary then ?

Witness: I cannot remember.

Defence: In 1970 who was the president?

Witness: I cannot remember.

Defence: Who was the president and secretary of that Chatro Sangho in Dhaka University during the year of 1969 and 1970

Witness: I cannot remember.

Defence: Who were the president and secretary of Chatro Sangho in Dhaka city during the year of 1969, 1970, 1971 ?

Witness: Nothing in my mind

Defence: Was friday a official holiday during that time?

Witness: No, Friday was not holiday then?

Defence: Did you participate regularly in classes?

Witness: Yes.

Defence: You live at Mitali road in Dhaka. How many times need to go from Mitali road to Maulavibazar.

Witness: In 1969 or during that time from Kamolapur rail station any one can go to Srimanghol (Maulavibazar) and the time duration was departing at 8pm and arriving next morning.

Defence: From Srimanghol to Maulavibazar?

Witness: It takes 35 minutes.

Defence: How long does it take to go from Mitali road to Kamalapur rail station?

Witness: Half an hour.

Defence: Any ceremony of “Shaheen fauz” has been performed at school hour?

Witness: No ceremony of Shaheen fauz was performed on school campus.

Defence: When you were the president of Shaheen fauz of Maulavibazar branch?

Witness: In 1968.

Defence: Who was the next president after you ?

Witness: I cannot remember.

Defence: Who was your secretary ?

Witness: Nurul Islam Parvez. He is alive now.

Defence: During that secretarial time, where you have studied ?

Witness: Maulavibazar Govt College.

Defence: During that time which institute you have studied ?

Witness: Same school.

Defence: Nurul Islam Parvez and you have perfomed your duty simultaneously ?

Witness: Yes.

Defence: You have made how many organizing school committees?

Witness: Two.

Defence: A news paper has been being published in the name of ‘’JAHAN-e- NAU’’ during that time.

Witness: Yes.

Defence: Maulana Abdur Rahim was the editor of that news paper?

Witness: Nothing in my mind.

Defence: At first when you have read the Daily Sangram ?

Witness: Approximately in 1969.

Defence: Who was the editor at that time ?

Witness: Akter Faruque .

Defence: Have any program which was published this daily news paper under the president-ship of you?

Witness: In 1970 three times it had been published.

Defence: Have any copy of that publication?

Witness: I have one copy.

Defence: How many procedures needed to be followed for the appointment of “Shaheen Fauz” president’s?

Witness: Through election process.

Defence: How many times you were president?

Witness: Once.

Defence: Was any central constitution of “Shaheen Fauz”?

Witness: Yes.

Defence: Who was the administer of that ?

Witness: Leader of Islami Chatra Sangho in district level was the administrator.

Defence: In which way the central committee elected?

Witness: After me there was no election and I have no clear idea about that process.

Defence: Nur Mohammad Akand was the first president of Shaheen Fauz .

Witness: I cannot remember.

Defence: When you were the district president who was the central president then ?

Witness: Nurul Islam

Defence: Have you heard the name of Matiur Rahman, who was the president of Shaheen Fauz ?

Witness: No, but someone wrote something on ‘’Daily Sangram’’ in the name of Matiur Rahman .

Defence : Have you heard the name of Kazi Shamsul Haque , who was engaged in that fauz ?

Witness: No .

Defence: Who was the proposer of Shaheen Fauz ?

Witness: I don’t know exactly but this title was not according to any person’s name .

Defence: Did you have any knowledge about any Shaheen while you were the central leader?

Witness: I knew many Shaheen bhai (brother) then.

Defence: Say something about on of them?

Witness: One of Shaheen bhai went to Maulavibazar as a demonstrator. I don’t know his personal identity.

Defence: The students from Shaheen Fauz has never become president.

Witness: This is not true.

Defence: The president and secretary of that ‘’fauz’’ has been elected from this elite class .

Witnes: No

Defence: You are not the president of Shaheen fauz of Maulavibazar branch during that time ?

Witness: Not true.

Defence: There was many branches of that fauz, and a student was elected as a director from every branch.

Witness: Not true.

Defence: The news of Shaheen fauz was published through ‘’JAHAN NAU’’ but not Sangram.

Witness: Not true. It was not possible to provide ‘’JAHAN NAU’’ to Maulavibazar and Daily Sangram has been published as a monthly paper where one page was allotted for Shaheen fauz news .

Defence: Did you read the constitution of Islami Satra Songho when you joined at that Songho ?

Witness: Yes.

Defence: Have you read the district constitution or structure when you joined that Songho ?

Witness: Central Islami Satra Songho means East Pakistan Songho which was regulated within East Pakistan.

Defence: Jamat-e- Islami had two separate Chatro Shaongha for east and west Pakistan.

Witness: Yes, both were run as an individual name.

Defence: Have you read the constitution of Jamat-e-Islam under greater Pakistan ?

Witness: Yes.

Defence: there any rules for establishing any student wing ?

Witness: There was no name of any student wings.

Defence: Was any special rules for establishing student wing?

Witness: No, there was two basic constitutions for Jamat, one is for ‘’Rukun’’ and another is for common people but I did not belong to RUKUN during that time so did not see the constitution of Rukun.

26 Aug 2012: Nizami 1st witness cross exam

After the first witness in the Nizami case had given his evidence, the defense then started the cross examination, undertaken by Mizanul Islam

Defence: How many people are present at the dock?

Witness: Seems to be one.

Defence: Did you take preparation for giving deposition against him?

Witness: I have come here to give evidence after getting summons but there was no preparation.

Defence: Matiur Rahman Nizami is a familiar person of Bangladesh.

Witness: Yes.

Defence: Is Islami Satra Sangho a familiar organization?

Witness: Yes.

Defence: You were engaged in Student Union and Khelaghor which was children based institution.

Witness: Yes, for three months.

Defence: Student Union is a communist based institution.

Witness: During that time student Union was a wing of NAP where Mozaffar Ahmed has the leader of NAP and student union was the wing of that party.

Defence: When was NAP established under the leadership of Mozaffar Ahamed?

Witness: I did not know.

Defence: Did you know that present Student Union is communist based student wing?

Witness: May be.

Defence: How far away is the house where you lived in Maulavi abazar district from your village house?

Witness: It’s about three mile away.

Defence: Where it was situated?

Witness: To the north side.

Defence: In 1971 where was the post office of Maulavibazar?

Witness: One is near the city and another was of our house.

Defence: Was your father Abdur Rahman Chowdhury familiar as a Salu Mia?

Witness: Yes, he was it.

Defence: What was his occupation?

Witness: During British period he was engaged under Royal British Navy but after then did the business.

Defence: Was he a Muslim League leader?

Witness: He was a local leader under Muslim league before 1971.

Defence: Who was the principal of that school?

Witness: Kamala Rani Datto.

Defence: Now have you any exam results sheet of that school?

Witness: It may be found.

Defence: Where did you live in Narayangang when you studied at Preparatory school.

Witness: At my elder brother-in-law’s house.

Defence: Which class have you studied in there?

Wintess: Up-to classes six.

Defence: How long you have studied at Narayanganj?

Witness: I have read in class six upto half yearly examinations at Narayangong Bar Academy High School. Class one to five was primary there.

Defence: What did you do in 1965.

Witness: I returned at Maulavi bazaar.

Defence: When did you get admitted at Dhaka Central Collegiate School?

Witness: In 1969 when I was in class nine.

Defence: Where it was situated?

Witness: It was road no-2 at Dhanmondi.

Defence: Was it Govt. or not?

Witness: it was Private.

Defence: Having any structure of that school now?

Witness: The school has continued after the liberation but I did not know the recent condition. It was English Medium School but directed by the Pakistani.

Defence: Have you joined the S.S.C. in 1970?

Witness: Yes.

Defence: Where was the centre of that exam?

Witness: At Dhanmondi Boys High School.

Defence: You did not attend the S.S.C. exam the next time?

Witness: No, not in country.

Defence: Which year and month the exam has begun?

Witness: I could not say in this moment.

Defence: When the result has published?

Witness: Nothing in my mind; When the exam started I left for my home. I knew that the exam will be cancelled.

Defence: Where did you stay when you studied at collegiate school?

Witness: I lived in my cousin house (Kaka’s daughter) near Mitali Road at Rayer Bazar.

Defence: During 25th March in 1971 where did you stay?

Witness: In my sister house.

Defence: Where did you stay after 25th March?

Witness: I have fled altogether with my sister and brother-in-law from there to Maulavibazar.

Defence: What did your brother- in- law do?

Witness: He was a Government service holder.

Defence: Your father has fled from Bangladesh to Pakistan during liberation war then after returning did he join under Government service.

Witness: He did not come back to Dhaka during liberation War and I did not know whether he joined or not to his service after the liberation war. I returned to Dhaka and used to live at that same house. A governess took care of me.

Defence: What did he do?

Witness: My father Basir Uddin worked at Bangladesh Secretariat as a section officer.

Defence: In Maulavi bazaar where was Basir Uddin’s house?

Witness: At center point.

Defence: How many days you have stayed Mitali road at Rayer Bazar?

Witness: It’s about two month.

Defence: You have taken the letter from Mr Mokless at Maulavi Bazar then went to UK through Dhaka.

Witness: Yes.

Defence: You had any passport before you took the letter?

Witness: Yes.

Defence: Did you go to UK as a student?

Witness: No, it was dependent visa.

Defence: Your father went to London during 1971?

Witness: No, it was in 1972.

Defence: Have you gone UK in dependent visa for second time also?

Witness: Yes, there also have.

Defence: Where did your father live?

Witness: At Hask-bridge, Middle-sacs, in UK.

Defence: You admitted at Wales school in UK and in 1972 again from the same school completed your ‘’O’’ level.

Witness: Yes.

Defence: What medium was there?

Witness: Only English Medium.

Defence: Did you meet with any member of Islami Chatra Songho when you have studied ‘O’ level?

Witness: No.

Defence: When you have finished your ‘O’ level?

Witness: Near the end of 1973. I have been living there right up-to in 1976. During that time I have never come to Bangladesh.

Defence: Had you never come to Bangladesh before 1976?

Witness: No. I hadn’t come.

Defence: From which college you have passed ‘A’ level?

Witness: Near the end of 1975 from Buckingham College I have completed my ‘A’ level.

Defence: Did not you continue your studies after coming to Bangaldesh.

Witness: Yes.

Defence: Have you completed your Bachelor Degree (B.A.)?

Witness: From Khustia college under Rajshahi University.

Defence: Masters degree?

Witness: From Jaghonnath College in 1986-87 sessions. In 1984 I have passed degree (pass course) from Khustia College as a regular student.

Defence: Where have you lived during that time?

Witness: In Dhaka and Maulavibazar simultaneously but during examination I lived in my father-in- law house.

Defence: Did you write in the form as an irregular student?

Witness: I cannot remember.

Defence: Did you run any business before 1986?

Witness: It was Export-Import business.

Defence: What did you write in Degree (pass) FORM?

Witness: Pre –A- level examination.

Defence: Did you submit your migration certificate?

Witness: There was no need or no demand of migration Certificate.

Defence: Buckingham College. Was it situated in London. 1379 high road, west London?

Witness: My campus is near Rena’s Lane, Middlesex, London.

Defence: Where was the main campus of Buckingham?

Witness: At the same address.

Defence: Did you go to Saudi Arab in 1972 and 1974.

Witness: I never gone to Saudi Arab in 1972 but in 1974 I went there with Bangladeshi passport.

Defence: You went to Saudi Arabia also in 1975.

Witness: Yes.

Defence: Did you meet with Golam Azam there?

Witness: No, it was 1974 when I met with him.

Defence: In 1975, in which visa did you use to go to Saudi?

Witness: I went to Saudi Arab with the invitations of that country’s Bhadsha when Saudia Arabi did not recognize the Bangladesh. So there was no way to get the visa. I went there because I had a special visa.

Defence: What is the nationality of that special visa?

Witness: Bangladeshi.

Defence: In 1974 at first when did you go to Saudi Arab from London?

Witness: It was august in that year.

Defence: How many days did you live there?

Witness: It’s about 15 or 16 days.

Defence: You have never gone to Saudi Arabia except in 1974, August and March 1975.

Witness: Yes, I went there for ‘Haj’ between 1974 to 1975.

Defence: In what identity did the Hazi of Bangladesi come to complete their haj?

Witness: In the name of Bangladesh.

Defence: In which month it was started?

Witness: I can not remember what the exact month was. But it may nearly the end of 1974.

Defence: Maulana Abdur Rahman Tarka-bagis was the Govt. representative who went to Saudi Arab complete their Hazz.

Witness: Yes.

Defence: When you have joined in politics actively?

Witness: From the early age of my youth.

Defence: From which month and date the session of Islami Satra Songho is being started?

Witness: I didn’t know.

Defence: Who was the president of your area where you had lived during 1971?

Witness: I did not know.

Mizanul Islam: Who was the president of Islami Student Union of whole Pakistan?

Witness: That Time Islami Sudent Union means East Pakistan Student Union. We knew it as Jamaat-e-Talabaye-Arabiya. President of the Student Union was Matiur Rahman Nizami and secretary was the Ali Ahsan Muhammad Mujahid.

Defence: Is Matiur Rahman Nizami the Secterary of Jamaat-Talabaye-Arabiya till 16t December 1986?

Witnes: It was very much confirmed that he was the secretary till August but whether it was till December or not, I do not know.

Mizanul Islam: Who was the Secretary of Jamaat-e-Talabaye-Arabiya in the month of January in 1971?

Witness: I do not know.

Mizanul Islam: Who was the president before Matiur Rahman Nizami?

Witness: I do not know.Then the court was adjourned.

26 Aug 2012: Nizami 1st witness testimony

After dealing with the bail order, then the tribunal moved onto the case of Motiur Rahman Nizami, and the first witness Misbahur Rahman Chowdhury came to give evidence.

Mir Ikbal Hossain: State your name and identity.

Prosecution Witness: I am Misbahur Rahman Chowdhury, father- Late Abdur Rahman Chowdhury, mother- Late Shamsi Khanam Chowdhury, Age- 57 years. Now acting as the Chairman of Islami Oikkojot.

At first I have started my education at Moulovibazar Kindergarten School. Afterwards, I have read at Narayongonj Preparatory School, and then in 1962 I have been admitted at the Moulovibazar Government High School at class six. When I was reading on the same school I have met Mr. Sirajul Islam Motlib, who was the President of Chatro Sangha of Moulovibazar Shanggothonik Jila. He has asked me to join Pakistan Shahin Fouz and I have joined, at the same time I got the membership of Islami Chatro Sangha. Afterwards, I have been admitted at the Dhaka Central Collegiate School, but maintained the connection of Moulovibazar Islamic Chatro Sangha. Then I have observed the duty of the President of Pakistan Shahin Fouz, Moulovibazar Committee. Afterward I have appeared at the SSC examination from Dhaka District.

Since my childhood I have the faith on Islamic Organizations and Islamic life style. As long as I was the worker of Islamic Chatro Sanhgha I have observed my duty with due diligence. Islamic Chatro Sangha [ICS] was a strict principled organization and the leaders of the organizations used to call it as a Cadre based organization. There was a system of providing training and the books of Mawlana Moududi were being taught there. It was an organization of Jamaat-e-Islami and Jamaat-e-Islami used to control it.

Mir Ikbal Hossain: Talk about 1971.

Witness: When on 25th March, 1971 the Pakistan Army has started the atrocities over the innocent people of this country, I had a strong belief that ICS will protest against it. But they didn’t do so, rather Mr. Sirajul Islam Motlib visited my house of Moulovibazar in August, 1971 several times. He has given me a handwritten letter. On this letter he has addressed me as ‘Misbah Bhai’. The summary of the letter was that- ICS has taken the decision that within 10th August, 1971 all the member of ICS ought to join AL-Badar Bahini.. Then there was an instruction for me on the letter to meet Major Fakhrul Islam of Moulovibazar Command of Pakistan Army and to receive the joining letter. He has also mentioned in the letter that if I would have joined the Al-Badar Bahini then the President of ICS who was Motiur Rahman Nizami would be so pleased. And to fight against the collaborator of India is the sacred duty of the commanders of the path of Almighty Allah. And those who have not joined the Al-Badar would not be considered as the member of ICS anymore.

I have shown the letter to my father. He was involved with the politics of Muslim League and liked the Islamic politics, but after seeing the letter he became so disappointed. He has brought me to Dhaka and then send me to London.

This is the photocopy of the letter of Sirajul Islam Motlib, would be counted as exhibit-1 and it is the signature of Sirajul Islam Motlib which would be counted as exhibit- 1/1. [With the objection of the defence.] I have photocopied it from the main letter. On 2008 the main copy of the letter was deposited to the Vice Chairman of our organization after a press conference. The person is no more with us. We are trying to recover the original letter. The press conference was against the movement of Jamaat-e- Islami and I have circulated the list of 15 names of the war criminals. I have handed over the photocopy of the letter to the Investigation Officer and he has seized that by the seizure list. The declaration about leaving from the ICS was so risky; it was another reason that my father has sent me to London. Three months after my arrival at London my mother became so sick so I have returned at country.

I have stayed at Bangladesh till the victory. After the victory I have returned to Wales of England and studied there. On 1974 I got admitted on Buckingham College of London and I have joined at a Muslim Student Movement while I was studying there. While I was studying at the College I have travelled to Saudi Arabia by the invitation of the Badshah Faisal. When I have gone to visit Badshah Faisal, I have seen that Professor Ghulam Azam along with his brother Ghulam Moazzem and a representative team is present there. Ghulam Azam has given some statements against the liberation war of Bangladesh and I have protested his statement. He has stated that during and after the liberation war the freedom fighters have destroyed so many mosques of Bangladesh, they have stopped the religious education from the Madrasa, even Holy Quran became so rare to in locality to get in ones hand to recite. He has also said that about 40,000 people who were involved with him in Islamic movement have been brutally killed by the freedom fighters. The he has asked for the assistance from the Saudi Arabian Government for the rehabilitation of the 40000 victim family, for the reconstruction of the Mosque and Madrasa and to start the religious education again. After meeting with Ghulam Azam when I have visited Badshah Faisal, I have informed him that almost all the freedom fighters were Muslims, no Mosque and Madrasas have been destroyed by them. After getting back from the Palace of Badshah we have met a representative team by the leadership of Mawlana Abdur Rashid Torkobagish which has been sent from Bangladesh. I have informed them about it in details. After returning to London from Saudi Arabia we have formed a new youth organization named Young Muslim Organization and I was the founder secretary of that. During the period when I was active with this organization a leader of ICS Mr. Abdur Razzaque [Now Barrister Abdur Razzaque] has met me. He has requested me to sit with some people of Islamic mind at a meeting. Me and the then President of Young Muslim Organization who is at present the Professor of Dhaka University named AZ Shaha, the Amir of Jamaat-e-Islami, Mr. Mia Tofayel, another war criminal Chowdhury Moinuddin and Abdul Aziz were present there. We became so disappointed for calling us on such types of meeting; especially we became so disappointed upon Barrister Abdur Razzaque after hearing some his statements. We got to understand from the speech of Mr. Abdur Razzaque that he was also a member of Al-Badar. By assisting the Pakistan Armies till the December, 1971 Mr. Razzaque has cooperated them. Then he has fled towards India, then went to Nepal and after that he has went to Pakistan. By receiving Pakistani Passport he has gone to London. Me and AZ Shaha has left the meeting. From then I am following the activities of Jamaat-e-Islami. The activities of this organization are against the humanity and against the Islam. I have researched and observed about the organization since the timeframe of its birth at 1941 to 1971 and arrived at the decision that Jamaat-e-Islami is a fascist organization which is against the liberation, Islam and humanism, which is doing several sorts of heinous activities with the disguise of religion. To destroy the people or the movement against them, they practice concealed killing, torture, falsification. They do collect moneys from several countries in the name of religion and use the money to go to the power. There are not any sorts of heinous activities which are left to be done by the help of this money.

The Al-Badar have been formed by the members of ICS and Mr. Nizami was in the leading position and Mr. Ali Ahsan Muhammad Mujahid was on the second leading position. The members of this organization were trained up with arms from the Pakistan Army.

At this moment a serious chaos has started in the court when the defence side has said that some missing points when typing should be added and shouted at the witness by saying that, ‘he can’t say like this’. Suddenly the witness started shouting at the defence by stating that- you all are threatening me inside and outside the court. Anyone could check my call list and found that in each day there are 50 incoming calls by threatening me to not go for deposition. Then Tajul Islam shouted at the witness- what? You are accusing the lawyers at the court room? And you are placing freestyle statement by sitting at the court room. Then the Chairman said he is not doing so Mr. Tajul; and don’t be excited, take your seat. Tajul Islam said it loudly that- No he can’t do that. Mizanul Islam said- there should be a sequence when a witness started saying anything. Tajul Islam stated- let me say, in case when any lawyer would have raise an issue, in that case, it would not be counted as threat. Chairman stated- Tajul you know the court custom, but the witness does not. Tajul Islam stated- no, everyone is ought to have known the customs of the court. Chairman stated- you are disturbing the court, and you are doing that in regular basis. Tajul Islam stated- you can’t say so.

The chaiman said that will rise till the recess, only 4 lawyers are allowed to attend from second session. Then Tajul Islam and Mizanul Islam both have stated it is not a proper justice for the lawyers. Please consider it. Then Justice Anwarul Haque said- okay, come at 2 P.M. and let’s see how many lawyers are going to allowed.

After the Adjournment the witness continued with his testimony

It was a Regimental institution which has instituted by the educated young people. Razakar Al-Shams was the controller of that institution. They have helped Pak army directly and indirectly and sent the news to Pakistani army about freedom fighters and supporters of that and their institution. They have also helped to kill the freedom fighters and damaged their valuable property. They have killed and abetted Pakistan Army to kill our intelligent people during that time according to the list which was made by Razakar. It was clear that Jamat-e –Islami and other fellow wing has made by the Islami Chatra Sangho (student Association). They have worked against the nation, country and also now. They have misinterpreted our religion “Islam” which blindly accepted by our common people. They have made explanation in their literature which was not according to Quran-Sunnah.

Prosecution: You have mentioned the name Matiur Rahman Nizami as a leader of Al-badar, did you indicate him to here?

Witness: Yes.

Prosecution: Which post is given to him?

Witness: Now he is an Amir of that party.

Justice Nizam: You have come here to give your statement but did you give your statement before the (I.O.) Investigation Officer?

Witness: Yes

After this the cross examination started. This is on the following page.

  

16 Jul 2012: Nizami prosecution opening statement

Chief Prosecutor has started reading out the opening Statement relating to the case of Motiur Rahman Nizami. His indictment was given on 28 May. It was subject to review (see here).

Below is a short summary of what was read out.

First he read out a section on the historical background of the formation of Bangladesh. It has been stated in the Opening Statement that according to the election mandate the present Government has formed the International Crimes Tribunal. After his part came to an end Mr. Altaf Uddin Ahmed started reading out the remaining portion of the Opening Statement, which consists of the historical background, the formation of the Rajakar, Al-Badar, Al-Shams, Peace Committee etc. 

The Tribunal Chairman has sometimes hurried him up to read out the selective portions. Then the Prosecutor has read out the short summary of the case. 

He has mentioned that the Investigation Officer Abdur Razzak has initiated the investigation report and submitted the necessary materials and the report to the Chief Prosecutor. Under section- 9(1) of the ICT Act- 1973 the Prosecution has submitted a formal charge against the accused. Afterwards by recognizing the Prima Facie case against the accused the Tribunal has taken the cognizance about the case. The Tribunal has framed charge on 16 counts against the accused under section- 3(2), 4(1), 4(2) of the ICT Act, which is punishable under section 20 of the same Act. 

Afterwards the Prosecutor has described the summary of identity of the accused. His name is Motiur Rahman Nizami, fathers name is: Late Lutfor Rahman, Mother’s name is- Momena Khatun. He was born in Sathia, Pabna on 31-3-1943. He has been admitted at the Islamic Studies department of the University of Dhaka as an outsider student at the graduation class, but he didn’t have completed his study. He was an ex- Parliamentarian. He was the head of Al-Badar Bahini. He has been arrested and afterwards being interrogated in the safe home. 

Then the Prosecutor urged for the causes of letting the accused be punished for the ground that the ICT Act has been promulgated for the trial and punishment of those associates and war criminals, the gravity of the offences are so high, to ensure Justice for the victims’ family.

After the completion of his reading, the Chairman has fixed the next Sunday for the Prosecution Witness and the Defence Document. After that Tajul Islam contended that the charges are not clear and the evidences have not been mentioned in the Opening Statement. And then he has asked for a copy of Opening Statement.

9 Jul 2012: Nizami adjournment

After the cross examination in the Chowdhury case, Tajul Islam came to the dais and prayed for the adjournment of the Matiur Rahman Nizami’s case as he has been sent to the Chittagong court for appearing in the 10 truck arm’s case. He also asked for one month's preparation time before having to submit the names of the witnesses. The chairman said that the  opening statement should be given and then the tribunal may give time. Islam says that the opening statement should note be given in his absence.

Order Given by the Justice Nizam (summary)

Accused Matiur Rahman Nizami has not been produced before the Tribunal today; he has been in Chittagong fro appearing another case. Today is fixed for opening statement.

Tajul Islam filing an application and submitted that hey are not prepared to submit defence list of witness and other defence materials. Moreover, since Matiur Rahman Nizami is absence today so the stating of opening statement should not be started, Opening statement should be deliver in presence of him.

That is the reason they submit an application before the tribunal for adjournment.

We inclined to adjourn this matter today; we will hear the opening statement on 15.07.2012. The defence is directed to submit list of defence witness and defence materials on 22. 07. 12.

Thus the court is adjourned for the day.