23 Oct 2012: Chowdhury 16th witness cross exam

After dealing with the Sayedee case, the tribunal then moved onto the Salauddin Quader Chowdhury case and the cross examination of Nizamuddin Ahmed (see his testimony here)

Ahsanul Haque: Where have you passed your childhood?
Witness: At Chittagong. I knew Goods Hill area from my childhood. But I have gone to the area on the day of incident for the first time. KB Abdus Sattar Road is at the East side of the Goods Hill, Goni Bakery is at the East side of Abdus Sattar Road, then some grocery shops and houses are standing on serially.
Defence: Whether there was any Christian area at the western side of Goods Hill?
Witness: I can’t remember. But some people used to reside there.
Defence: Whether the CNB office and United Chemicals are standing beside the hill?
Witness: Yes CNB Office is locates there but I can’t remember whether the United Chemicals was there also.
Defence: What is the distance in between Aziz Nagar and Abu Nagar?
Witness: Almost 5 KM.
Defence: Whether it is necessary to cross the bridge if you’d have to go to your village?
Witness: Yes.
Defence: Whether the Muslim High School was open in June- July, 1971?
Witness: I can’t recall.
Defence: Whether the Fouzdarhat Cadet College and other school- colleges were open at Chittagong on that time?
Witness: I can’t recall.
Defence: All the school- colleges were open then- but you are acting that you know nothing about it.
Witness: Not true.
Defence: Whether there was military check post beside the Kalurghat Bridge?
Witness: I’m not sure about that.
Defence: Whether the Hazari Goli was a densely populated area and there were some medicine shops at that place?
Witness: I can’t recall but there were some residence of the minority people.
Defence: Whether many of the houses have been burnt at Hazari Goli on May to June of 1971?
Witness: Yes.
Defence: What was the holding number and the name of the owner of the house where you have taken shelter?
Witness: I don’t know.
Defence: To enter the Hazari Goli someone may follow the way of Andorkilla or the north side of Cinema Hall Palace.
Witness: Yes.
Defence: How much amount have you collected as a donation for the freedom fighters?
Witness: I have not collected the amount of donation on myself. I have gone to some people with Siddique and they have assured that they will help us.
Defence: Have you ever stated anywhere that- you have collected the amount on yourself?
Witness: No. I have just stated about my assistance.
Defence: Did you know the IO of this case before he has gone to you for the purpose of this case?
Witness: No. I have only given my statement for only one day. Most probably the day was 24th January, 2011.
Defence: Have you given any statement to the IO on 26-7-2010?
Witness: No.
Defence: Where did you give your statement at?
Witness: At the office of the Investigation Agency at the Baily Road.
Defence: Have you gone to Goods Hill with the IO to verify the place?
Witness: No.
Defence: Whether the garage of Goods Hill is made of Tin?
Witness: There was an accommodation of two or three vehicles at the garage and the roof of the garage was made of Tin and there were fence around the garage. I’m stating that was not used for the purpose of garage.
Defence: Have you seen any vehicles at the place when you were there?
Witness: No but I have watched some Pakistan Armies, they were giving guard.
Defence: On June-July, 1971 there were no Pakistan Military at the place.
Witness: Not true.
Defence: Their duty was to check the vehicles of the front road.
Witness: Not true.
Defence: The Chittagong College, Chittaging Intermediate College, Kajim Ali High School, Darul Ulum Madrasa, Saint Merry School were there near the Goods Hill.
Witness: Yes.
Defence: How many brothers and sisters do you have?
Witness: I have 3 brothers and one sister. On 1971 all of us were residing at the houses rented by my father at Chawkbazar. My elder brother Doctor Kutubuddin used to sometimes stay at the Hospital for duty.
Defence: Many of the Student Leaders used to stay at Chawkbazar.
Witness: There were some leaders.
Defence: Whether you were a follower of revolutionary Student Union?
Witness: No.
Defence: Whether Advocate Mridul Guho was your leader?
Witness: No.
Defence: What is the head office of Reuters?
Witness: London. This is a foreign base news agency.
Defence: Who was the Chief Correspondent of Reuters at Bangladesh on 1971?
Witness: Anis Ahmed.
Defence: Have you stated to Mr. Anis about your being tortured?
Witness: Yes for several times.
[Then the defence counsel threw some questions to the witness about the termination of his Job at Reuters but the Tribunal had not accepted the questions to ask and the Chairman strictly warned the journalists to not to mention that part in any of their report.]
Defence: What about the extension of your contract of service?
Witness: To save the funds the Reuters have not extended their contract with me.
Defence: Reuters never intend to involve politically in any country.
Witness: Yes.
Defence: After giving your deposition the authority of Reuters has assumed that- you are politically involve.
Witness: They might think so.[With objection of the Prosecution.] 

Here the Prosecution raised serious objection about asking this question and the defence has also answered that- the question is must justifiable and in no way harass the witness, then the Prosecution has urged before the Tribunal to take the note besides the recording that- the Prosecution has raised objection on this topic.

Chairman: Okay the Tribunal is adjourned till 2:00 P.M.

Defence: Did you know what was sent against you to the Jail in writing?Witness: No I didn’t find that ever.Defence: Do you know there is a hospital in Chittagong Jail?Witness: Yes I know.Defence: Were you given treatment there?Witness: Yes, it’s true. I was given treatment there because of my wound.Defence: Which lawyer was appointed by you?Witness: I didn’t appoint any lawyer because it was not possible for me then.Defence: Did you take any injury certificate from Jail Doctor?Witness: No, there was no system of taking injury certificate.Defence: After releasing from jail did you consult with any doctor or take any certificate?Witness: No, there was no such necessity.Defence: Did you get any fracture because of torture?Nizamddin Ahmed: No.Defence: When you were taken to the cantonment did they torture you?Witness: Of course they did.Defence: Did you eat anything there?Witness: No, they didn’t give me any food.Defence: How many days were you in Stadium Army Camp?Witness: I was in Stadium Army Camp from 6 to 13. Every day I was tortured by them.Ahsanul Hauqe: Do you know those who were arrested from countryside they were taken to the Stadium Army Camp and those who were arrested from inside the city were taken to the Circuit House.Witness: I don’t know.Defence: How far the Circuit House is from Stadium Army camp?Witness: I don’t know.Defence: What you have told in your deposition that you were arrested from Hathajari, you were taken to the Goodshill, you were tortured everything is false and taught by prosecution.Witness: It’s not true.Defence: When did you go to Italy?Witness: In 1994, as a representative of a cultural group.Defence: Mr. Saiful Alam from ‘Doinik Jugantor’, freedom fighter Bodiul Alam were with you in that trip?Witness: Yes, they were.Defence:  You were helped by Chowdhury family isn’t that the case?Witness: I don’t know whether Chowdhury family had any contribution or not but that program was sponsored by Al-Italia.Defence: Giyasuddin Qader Chowdhury gave you 1000 US dollar isn’t it?Witness: No, it’s not true.Defence: At the time when the accused was a minister you went in Goodshill as a journalist?Witness: No, it’s not true.Defence: You had hostility with Mr. Chowdhury or with his family?Witness: It’s not true.Defence: You didn’t see Salahuddin Qader Chowdhury before 1971?Witness: No.Defence: Your father had good relation with the father of Salauddin Qader Chowdhury isn’t it?Witness: I don’t know.Defence: You were arrested by the Police and taken to the Jail.Witness: No, it’s not true.Defence: What were the names of other who were with you in the cell?Witness: I can’t remember right at this moment.Defence: At the time of freedom fight Captain AR Ali Khan, Captain M. A. Safa, Professor Jogesh Shing and Nurul Momen of Daily Ettefak took shelter on Goodshill.Witness: I didn’t hear that.Defence: Did you met with Mohiuddin Chowdhury, Ebrahim Hossain, Chowdhury Babu, Moslehuddin Chowdhury in jail in 1971?Witness: No.Defence: Who was the owner of ‘Doinik Azan’ (a daily newspaper) of Chittagong?Witness: No, I don’t know.Defence: Who was the owner of ‘Shadhinota’ (another daily newspaper)?Witness: Abdullah-al-Harun.Defence: Did you know that both Doinik Azan and Shadhinota were published from same place?Witness: No, I didn’t know that.Defence: When did you come in the profession of journalism?Nizmuddin Ahmed: In the year of 1981.Defence: You were with how many newspaper/ agency?Witness: I was in 4 newspaper/agencies including one of myself.Defence: You are unable to hold a job for long time.Witness: It’s not true.Defence: Did you read Prime Minister Indira Gandhi’s speech at Columbia University, November 06, 1971?Witness: No, I didn’t read.Defence: You are not a freelance journalist at present you are connected with Financial Express.Witness: Obviously I am a freelance journalist.Defence: Who is Beluja Ispahani?Witness: He is an honorable member of board of directors.Defence: You didn’t tell about USTC military training to the I.O.Witness: It’s not true.Defence: In your deposition you have told that, ‘After continuous attack, the Bengali soldiers did not stand and they started scrolling back towards Chakbazar (another area of Chittagong)’ you didn’t say this to I.O.Witness: It’s not true.Defence: In your deposition you have told that, ‘Afterwards I tried to leave Chakbazar and to communicate with those who were fighting freedom fight and I tried to help them. Then I made a decision on my mind that I would help those freedom fighters who returned to the country after taking training. Then two months were passed’. You didn’t tell this to I.O.Witness: It’s not true.Defence: You didn’t tell to the I.O. which you told in your deposition that, “On 5^th 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 army was pointing their gun (Chinese Rifle) on us and they wore their uniform.’’Witness: It’s not true.Defence: You told in your deposition, ‘On gunpoint they fastened our hand tightly on our back and pulled us on Jeep. We saw there were another Jeep and there were lots of Pakistani Army on it. We reached in Goods Hill just on 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 that operation stepped up from the Jeep and shouted with joy saying, ‘mission successful’”. You didn’t tell it to the I.O.Witness: It’s not true.Defence: You told in your deposition that, 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 wear Kurta and Pajama and a Zinnah cap. When we three were taken to him and made him known about us, suddenly he got very excited and told that, ‘you are freedom fighters’. You didn’t tell this to the I.O.Witness: It’s not true.Defence: You said in your deposition, ‘Then he held me very tightly and punched me on my face’. You didn’t tell this to the I.O.Witness: It’s not true.Defence: You told in your deposition, ‘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 for exhibition.’ You didn’t tell this to the I.O.Nizmuddin Ahmed: It’s not true.Defence: You told in your deposition that, ‘In the next morning though any Bengali from Goodshill didn’t bring any breakfast for me a Punjabi soldier brought my breakfast that was one porata (kind of bread) and tea. It was like heavenly breakfast for me.’ You didn’t tell this to the I.O.
Witness: It’s not true.
Defence: You told in your deposition that, ‘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’. You didn’t tell this to the I.O.Witness: It’s not true.Defence: Did you recognize anyone who was with you in that garden?Witness: No, I didn’t.Defence: You told that, ‘I came to know that those who brought me to GoodsHill among them there were the son of Mr. Fazlul Kader Chowdhury. Afterwards I came to know that he was Salauddin Qader Chowdhury.’ It’s false and made by the prosecution.Witness: It’s not true.Defence: You went to Ajijnogor in a non bengali institution and there you got catch with arms, they handed over you to the Pakistani Army and they directly took you to the Stadium and then Jail.Nizamudin Ahmed: It’s not true.Ahsnul Haque: In the month of November you negotiated with Pakistani Army and got release and started working against the spirit of freedom fight.Witness: It’s not true.Defence: You gave totally false evidence.Witness: It’s not true.

3 Oct 2012: Chowdhury 14th witness cross exam

The tribunal started with the continuation of the cross examination of Gopal Chandra Das, a witness who gave evidence for the prosecution in the case against Salauddin Quader Chowdhury (following on from here). Ahsanul Haque was the defence lawyer conducting the questioning.

Chairman: Mr. Counsel today you will only get 1 hour to complete your cross examination.

Defence: Okay, I’ll try.

Defence: Is it possible for Profullo Chandra Singha to know who used to reside in which rooms of the Kundeshwari Complex?

Witness: Yes, it is possible.

Defence: Have you stated to Profullo Chandra that, ‘you have watched the total incident from the room of Brojhari Kormokar’?

Witness: No.

Defence: Is there a yard in front of the Kundeshwari Complex?

Witness: Yes and there is another yard in front of the other buildings beside Kundeshwari Complex.

Defence: The road towards Kundeshwari from the Rangamati Road was not made from brick.

Witness: That road had a brick soling to make it smooth for driving vehicles.

Defence: Was 13th April, 1971 a rainy day?

Witness: I can’t remember.

Defence: There was another place for the accommodation of the farmers and the employees of Notun Chandra Singha.

Witness: May be, I can’t remember now.

Defence: 13th April, 1971 was the harvest season of Irri rice.

Witness: Yes Irri has then been harvested.

Defence: When did you go to India and by which way?

Witness: I went to India by starting from my house on 27th April and reached there on 28th April. At first I have gone at Fotikchori then Ramgor and afterwards I have reached India after reaching Sabrum.

Defence: Did you go anywhere within this timeframe of 13th April to 27th April by following the road in front of Kundeshwari?

Witness: No, I have not gone to that road within that timeframe except that time when I was rushing towards India.

Defence: Did you receive any pass when you have gone to India as an asylum seeker?

Witness: Yes.

Defence: Did you give the Pass to the IO?

Witness: No.

Defence: You have not gone to India in 1971 in any month.

Witness: Not true.

Defence: Have you found any sign of the bullets in the Kundeshwari Complex after your return from India?

Witness: I can’t remember.

Defence: Have you found any sign of the bullets in the Kundeshwari Girl’s College after your return from India?

Witness: No.

Defence: A case has been filed under the number 41(1)72 about the murder of Notun Chandra Singha.

Witness: Yes.

Defence: You have gone to the Police Station when filing the case.

Witness: Yes.

Defence: Fazlul Quader Chowdhury’s name has been included there as the accused.

Witness: Yes.

Defence: On 2/5/1980 the Public Prosecutor has filed a petition for the withdrawal of the case by the direction of the Governent, then the case has been withdrawn and the accused have been acquitted.

Witness: I don’t know.

Defence: Have you read the FIR of the case?

Witness: Yes, but can’t remember.

Defence: Has any case has been filed about the looting and burning of the house of Shotto Ronjon under the number 42(1)72?

Witness: I don’t know.

Defence: Was the house looted and burnt out?

Witness: I don’t know.

Defence: You are not that Gopal Chandra Das who has became the witness in that case.

Witness: Not true.

Defence: Has the investigation officer taken your photograph during recording of your statement?

Witness: I can’t remember.

Defence: Have you given any of your photographs to him?

Witness: I can’t remember.

Defence: You know very good acting.

Witness: I have my supporting documents about my identity. Here are those papers.

Chairman: Prosecution, please take those papers at your hand now.

[Then the defence counsel has started the contradiction part, where he has quoted the statements of the witness from the examination in chief. And in almost all the cases the witness has answered the questions by stating- the IO has not raised the matter to me/ not true.]

Defence: When the soldiers left the Kundeshwari complex for 8 to 10 minutes have you asked Notun Chandra what the soliders stated before him?

Witness: I have not found the scope to talk with him, and then I was upstairs.

Defence: All the doors of the upstairs were closed; there were no way to get into the upstairs.

Witness: Not true.

Defence: There was a 7 to 8 feet balcony at his house which was east facing.

Witness: Yes.

Defence: There was 3 to 4 feet high railing at the balcony.

Witness: Yes at some places.

Defence: The front part of the Temple was not visible from the room where you were staying at that moment.

Witness: Not true.

Defence: Was the statue of Ma Kundeshwari wrapped with ornaments made of gold?

Witness: I don’t know, but there were ornaments over the statue.

Defence: Who was the priest of that temple?

Witness: I can’t remember.

Defence: Have you seen the priest on the very day?

Witness: No.

Defence: You have stated that Salahuddin Quader Chowdhury has come; if Salahuddin Quader Chowdhury has arrived with the soliders?

Witness: After leaving the vehicle, the soldiers were with him.

Defence: Who shouted then by calling ‘That Salahuddin Quader Chowdhury… That Mahbud’?

Witness: I can’t remember.

Defence: The IO has given you a lesson to say these aforesaid words before the Tribunal.

Witness: Not true.

Defence: When the army arrived on that day, how many people were with Notun Chandra Singha?

Witness: We 5 people were with him.

Defence: Did the soldiers ever talk with any one of you?

Witness: No.

Defence: Did the soliders shoot on you?

Witness: May be the soliders did not see us.

Defence: Have you tried to get the news of the condition of your other 4 fellows, who were with you on that day?

Witness: No, because I have fled in a hurry.

Defence: Have you told any respectable man of that area about the incident on the following day?

Witness: After getting back home on the next day I have stated the incident to my wife and other family members, but I have not informed anyone else. On 13th April, 1971 at first I have taken shelter in one of my student’s house, but right now I can’t remember his name.

Defence: Have you met Profullo Chandra, Chitto Ronjon and Shotto Singha in India?

Witness: No because then I was at the Camp.

Defence: On 13th April you were not anywhere near Kundeshwari Complex.

Witness: Not true.

Defence: A group of people with malicious intention has taken you from India and tutored you for one month to tell these false facts before the Tribunal.

Witness: Not true.

Defence: Did the soliders kill anyone at the front side road of Kundeshwari Complex?

Witness: I don’t know.

Defence: There was a Muslim community and a Buddhist Community adjacent to the Kundeshwari Complex.

Witness: There was a Muslim Community but there was not any Buddhist community.

Defence: There was no incident on 13th April. Mr. Profull and others have pursued you to say these things.

Witness: Not true.

Defence: All the matters about Salahuddin Quader Chowdhury and Pakistan Army’s arrival at the Kundeshwari Complex are a false thing.

Witness: Not true.

Defence: There was no aforesaid incident on the aforesaid day and on the aforesaid time.

Witness: Not true.

Cross examination was finished and the chairman said that the next day for this case is 8/10/2012. The tribunal then moved on to the case of Sayedee.

2 Oct 2012: Chowdhury 14th witness testimony

After reading out the order relating to bail of Sobhan, the tribunal turned to the case of Salauddin Quader Chowdhury and heard the testimony of the 14th witness, Gopal Chandra Das, a prosecution witness (see here for 13th witness). The questions were asked by Zead Al Malum:

Prosecutor: State your identity.

Witness: I am Gopal Chandra Das. Father is Late Bongo Charan Das. Mother is Late Chinta Moni Das. Aged- 76 years. During the liberation war I was about 34/35 years old. In 1966 I have completed MA in Bangla from the University of Dhaka. Before that I have got the award of Kabyo Byakorontirtho and Bidyanidhi on Sanskrito Literature. Now I am the General Secretary of the Chittagong Association of Literature which has been established on 1976. On 1971 I was appointed as the Principal of Kundeshwari Girls College. I have joined in 1970. Notun Chandra Singha was the founder of that college and I was the founder principal of the college.

Prosecutor: State about the incidents of April, 1971.

Witness: 1971 is the remarkable event in the history of Bangladesh. The incidents of Kundeshwari are a brutal and remarkable one in the history of this country. On 13th April, 1971 this incident has taken place. Notun Chandra Singha has been killed on that day and I have witnessed the killing. Let me explain the incident.

When the country was facing several sorts of brutalities of the Pakistan Armies then on that time we along with the 30 families of the faculties of the Chittagong University who were under the shelter of Kundeshwari have heard about these incidents as we stayed there. Among those people who were there in hiding, were- Professor Syed Ali Ahsan, Dr. Anisuzzaman, Dr. Rashidul Haque, Dr. Md. Mahbub Koraishi and others. After being informed about the ongoing brutalities over the city we have sat for an immediate meeting. Mr. Syed Ali Ahsan was an experienced man. He has a deep knowledge about the atrocities of war. He has warned that the war is coming and we might be attacked at anytime. We all have taken the decision that we would all leave towards India by 10th April, 1971. After that everyone has left the Kundeshwari Building by 10th April, 1971. Only the founder Notun Chandra Singha has stayed behind at the Kundeshwari Complex. Everyone has requested him to leave the place and leave with us to India. He was determined with his own plan. He was telling that this is my motherland; here lies all my endearing property. I can’t go anywhere by leaving these behind.

From the next day everyone has started leaving Kundeshwari. I along with my wife and daughter have also moved towards my village. After staying for one night at the village on 11th April, 1971 I have returned to Kundeshwari Building to visit Mr. Notun Chandra. When I entered the building I have watched that Notun Chandra Singha is completely alone. On seeing me there he became very much emotional and embraced me. In a crying voice he was then saying that, “Son, everyone has left the place, would you go also? Please don’t go. Please stay.” I became very emotional by the urging of Notun Chandra. I have replied, ‘Uncle, I will not go. I will stay with you’.

After sometimes I have watched Gourango Chandra Singha [nephew of Notun Chandra] who was assigned for the cooking of Notun Chandra. There I have stayed till 12.00/ 1.00 P.M. Then I have gone to the house of my wife’s elder sister at Jogotmollopara for taking lunch. After taking the lunch I have returned at Kundeshwari at 4.00/5.00 P.M. I stayed there till 9.00/10.00 P.M. I have tried to give company to Notun Chandra Singha at that time. Again I have returned to the house of my wife’s elder sister at Jogotmollopara for staying at the night.

On the next day I have again returned to the Kundeshwari Complex and visited Notun Chandra. 5/6 other people have also visited Notun Chandra on the same day. Among them there were- Brojhori Kormokar, Shoshankomohon Palit, Himangshu Boiddo, Monoronjon Singha, Gourango Singha. We have discussed with Mr. Notun Chandra for some time and also again discussed leaving the Kundeshwari for the safety of our life. We have told Notun Chandra with a very forceful voice to leave with us towards a safer place. But he was determined in his decision. He has replied, ‘’You may leave but I will not go anywhere.’ After the discussion we have returned to our own places. I have gone to Jogotmollopara. I have again come at the Kundeshwari building at the afternoon and then again gone to my relative’s house at Jogotmollopara.

On the very remarkable day of 13th April, 1971 I again returned at Kundeshwari Complex at around 9.30 A.M. On going there I have heard the sounds of bullets from the road. Then I said that, “might be the Pakistan Armies and their associates have already arrived at the Kundeshwari” to take Notun Chandra Singha from that Kundeshwari Complex to another place. But I didn’t get enough time. Within sometime a Jeep carrying Pakistan soldiers I have entered the place. We have watched the soldiers leaving the vehicles by raising their arms. Along with a Pakistan solider some of the Bangali civilians have left the vehicle. On seeing them, some people have started shouting—‘That’s Salahuddin Quader Chowdhury… That Mahbud.’ After watching them, I and Brojhori have started rushing towards the first floor of the Kundeshwari Complex and hiding ourselves, and others have hid themselves at the bush of bamboo at the south-western side of the house. I and Brojhori have started watching from the window by hiding ourselves. We have seen that Salahuddin Quader Chowdhury and an Army Officer and some other soldiers with other 2 or 3 Bangalis were talking with Notun Chandra Singha. After some while they have got into their vehicles and have left the complex. We have heard the sound of the vehicle.

Approximately after 8 to 10 minutes again we have heard the sound of vehicle. We have again hid ourselves in that room. We have watched the soldiers and the other people have returned and entered the Temple and dragged Mr. Notun Chandra from there at the yard and then they have used brushfire over him, and he was contorting his body with severe pain.

Then I have witnessed that- Salahuddin Quader Chowdhury has discharged two or three round fires from his pistol over Notun Chandra Singha when Salahuddin Quader Chowdhury was saying that it was a direction from his father to kill Notun Chandra. After the confirmation of the death of Notun Chandra Singha they have left the place. With a frightened state of mind we have fled by following the way of ponds at the south side. Notun Chandra Singha died on that spot. I along with my wife and daughter have left towards India and on 28th December, 1971 after returning to country I have rejoined the Kundeshwari Girls’ College. I have given my statements to the investigation officer. I know the petitioner Salahuddin Quader Chowdhury who is present today at this Tribunal.

During the recording of this statement the mobile phone of this witness rang for 4 times, which created a embarrassing condition in the court room. The defence has raised some objection by saying that if the mobile would have rang from the defence side the sitaution would not have been allowed and that both the Prosecution and the Tribunal would have warned them with strict languages. Then the witness apologized for his mobile phone. The tribunal has warned both sides to be careful about the cell phones when producing any witness and also about their own cell phones.

Then the defence counsel has stated that he is not ready to take the cross examination today because from the examination in chief they have found some points which have to be re-checked and researched today. But the Tribunal has not allowed him adjournment and directed him to start the cross examination.

Ahsanul Haque, the defence lawyer, started to ask questions for the defence:

Defence: When have you come to Dhaka?

Witness: 1st September, 2012. I am staying here for one month.

Defence: When have you returned from India?

Witness: On the same date abovementioned.

Defence: Have you met Mr. Profullo in India?

Witness: No.

Defence: If there is a direct flight from India to Chittagong?

Witness: Yes.

Defence: Have you gone to your house after your arrival from India?

Witness: No.

Defence: When did you go to India?

Witness: Before 4 months.

Defence: The Indian High Commission does not allow Visa over three months.

Witness: Yes and I have not also got the Visa over three months; but I have over stayed there for my treatment.

Defence: Do you have any document for the overstay there at India?

Witness: I have the papers of permission.

Defence: You have stated the name of your father as Bongo Choron to the Investigation officer

Witness: No

Chairman: We will not take the question as that was a typing error.

Defence: The Gopal Chandra Das who has been made witness in this case has died long before.

Witness: Not true.

Defence: Gopal, Chandra, Das- these are the common titles of Hindu community.

Witness: Yes.

Defence: When did you given your statement to the IO?

Witness: It was 1 year and 3/4 months earlier.

Defence: Did the IO read the statement before you?

Witness: Yes.

Defence: If your house at Rangunia?

Witness: Yes.

Defence: Do you know Ahmed Kholifa Khan of Boalkhali?

Witness: He is my friend. When I was at Jolil Ambia College I have made him the member.

Defence: You have not seen Mr. Gourango Chandra Singha at the Kundeshwari Complex on the timeframe of 11th to 13th April, 1971, as he has left towards India, before then.

Witness: Not true.

Defence: He was not assigned for the cooking purpose of Notun Chandra Singha.

Witness: Not true.

Defence: Was he the Cook of Notun Chandra Singha?

Witness: No. He was a farmer but he was uneducated so he was assigned on those purposes.

Defence: Whether you have seen Abdullah Al Harun and Abdullah Al Noman during the timeframe of 11th to 13th April, 1971?

Witness: I can’t remember. They used to go there frequently.

Defence: Then the Kundeshwari Girls’ College was closed on that time.

Witness: Yes.

Defence: How many teachers were there at that time?

Witness: Might be 15 or 16.

Defence: If anyone of those 15 or 16 teachers there when you went to Kundeshwari Complex within 11th to 13th April, 1971?

Witness: No.

Defence: Do you have any affiliation with the businesses of the Kundeshwari Complex?

Witness: No.

Defence: What is the name of the husband of your wife’s elder sister?

Witness: Gopal Chowdhury.

Defence: What is your sister in laws name?

Witness: Chaya Ghosh Dostidar after the marriage she was known as Chaya Chowdhury.

Defence: What is the distance to Jogotmollopara from Rangamati Road?

Witness: It was adjacent to the south side of the road but I don’t know what the distance was.

Defence: How many people used to reside at Jogotmollopara?

Witness: It is a largely populated area, but I don’t know the exact numbers of residents there.

Defence: What is the distance of Kundeshwari from the Rangamati Road?

Witness: It was situated around 1000 yards south side.

Defence: What is the distance of Kundeshwari Girls’s College, Kundeshwari Oushodhaloy, Kundeshwari Complex from the Rangamati Road?

Witness: It was around 1000 yards away.

Defence: There is a gate to go to the Kundeshwari Complex.

Witness: Yes.

Defence: If it necessary to go to the College by crossing the gate?

Witness: No.

Defence: Brojhori Kormokar used to live at the building of Notun Chandra Singha.

Witness: Yes.

Defence: The Borua Para, Muslim Para and the Kundeshwari Complex have been attacked on the same day.

Witness: Not true.

Defence: On 13th April, 1971 the Pakistan Army has attacked the Borua Para and the Muslim Para.

Witness: There is no Borua Para beside Kundeshwari Complex.

Chairman: The Tribunal is adjourned till 2 P.M.

After lunch, the tribunal chairman said that prosecution should not interfere at any time with the cross examination and the defense should not repeat any question unnecessarily.

Defence: Did you ask Nutan Chandra that where was his father’s house?

Witness: No, I didn’t.

Defence: Could you tell me the name of his village?

Witness: Gohira, or Sultampur may be.

Defence: Where is Kundeswari Complex situated?

Witness: It is in Gohira.

Defence: Where were Mr. Prafulla Chandra’s brothers born?

Witness: I don’t know that.

Defence: Did you go to Kundeswari before 1971?

Witness: Yes, I did.

Defence: Were they your relatives?

Witness: No, they were not, but Satya Ranjan was my childhood friend.

Defence: Did you study with Mr. Satya Ranjan?

Witness: No, I didn’t.

Defence: Do you know that Mr. Satya took part in the election circulation in favor of Salauddin Quader Chowdhury, and he was a proposer as well?

Witness: No, I don’t know and it is not true.

Defence: How many times was Salauddin Quader Chowdhury elected from your locality Rangunia?

Witness: Several times. I could not say the actual number.

Defence: Did you know Mr. Giyasuddin Qader Chowdhury was elected from Rangunia?

Witness: I don’t remember but it might be.

Defence: Mr. Salauddin Qader Chowdhury has a big house in Rangunia?

Witness: Yes, he has.

Defence: That area is known as Qadernagar?

Witness: Yes, it is.

Defence: How much has Principal Nutan Chandra Sen studied?

Witness: I don’t know correctly but not so much.

Defence: In which college was he the principal?

Witness: He was not the principal of any college but he was the principal of Ayurvedic (traditional Hindu science of medicine) Medicine Hall.

Defence: Did Mr. Chandra use the word ‘Principal’ before his name?

Witness: I don’t know.

Defence: How many children do you have?

Witness: I have 2 daughters. My elder daughter lives in Shegunbagicha (in Dhaka city) and she is a teacher at British Colombia School and my younger daughter is the professor of Chittagong University. I had a son. He died.

Defence: You are a voter of which place?

Witness: Of Chittagong.

Defence: Who else lives with you?

Witness: I live with my younger daughter.

Defence: In 1971 who was the Vice-Principal of Kundeswari Mohabidyalaya (Kundeswari College) ?

Witness: Wife of Mr. Prafulla Chandra. He was appointed but in 71 she didn’t join then.

Defence: If I said that at the time of war she was a student of Chittagong University.

Witness: No, she was not a student of Chittagong University at that time.

Defence: Did you see the bio-data of Mr. prafulla’s wife?

Witness: Yes, I appointed her after seeing her bio-data.

Defence: In which department has she studied?

Witness: In Bangla.

Defence: I am saying that Kundeswari College never existed in reality.

Witness: No, it’s not true.

Defence: Did you give the investigation officer the relevant papers in support of you being principal?

Witness: No, I didn’t because there was no such necessity.

Defence: When the investigation officer was investigating, were you a principal of that college?

Witness: No, I had retired by then.

Defence: Did you see in any newspaper that this kind of investigation had started or the Investigation Officer has reached Chittagong and that anybody knows about this incident are requested to come giving evidence.

Witness: No, I didn’t.

Defence: Where did you give your statement to the Investigation Officer?

Witness: In his office, in Baily Road.

Defence: After giving your statement to the Investigation Officer how many times did you meet him?

Witness: Several times but how many times I could not say specifically.

Defence: Who introduced you to Investigation Officer?

Witness: Nobody introduced me with him, I was asked to go to him.

Defence: At the time of entering into India, the Indian High Commission does not allow one to endorse more than 150 dollars.

Witness: It’s not true.

Defence: I am saying that, a conspiring group gave you money to go India and that’s why you have been able to live in India for 4 long months.

Witness: It’s not true.

Defence: In Kolkata where did you do your eye-treatment?

Witness: In ‘Shankar Netralaya’.

Defence: In front of Temple and in front of Mr Nutan’s house, did any car enter?

Witness: No.

Defence: From Rangamati Road to Kundeswari complex there was a road to drive a car. Isn’t it?

Witness: Yes, it is.

Defence: Kundeswari Medicine Hall was surrounded by buildings right?

Witness: Yes, now it is like that.

Defence: In Kundeswari Complex Mr. Brajahory did not reside.

Witness: It’s not true. But he had his own house.

Defence: Did you show the Investigation Officer, from where you saw the incident?

Witness: I talked with the Investigation Officer. in his office. How could I show him?

Defence: Did Investigation Officer tell you to show you the place by going in Kundeswari complex?

Witness: No, he didn’t tell.

Defence: When did you join in Boyalkhali College?

Witness: In 1975.

Defence: Do you know J.K. Memorial Hospital?

Witness: No, I don’t know.

Defence: Do you know Christian Medical Hospital?

Witness: Yes, I know.

Defence: Is it a famous Hospital?

Witness: Yes.

Defence: Do the people of Rangunia and Rauzan take treatment in that Hospital?

Witness: Yes, they do take.

Defence: Did you check whether Mr. Nutan was dead?

Witness: No I didn’t get any scope to check, I fled away then.

Defence: When you heard that Pakistani Army was coming with firing did you flee away?

Witness: No, I didn’t. I went to Kundeswari Complex.

Defence: How many dogs were there in Kundeswari?

Witness: I didn’t remember.

Defence: Were the dogs barking at that time?

Witness: I didn’t remember.

After answering this question the witness asked the Defence lawyer whether he was trying to harass him or not. Then Justice Nizamul Haque told the lawyer that, he should not ask any question that made the witness feel offended. And he also should not tease about the inspiration of the liberation war.

After this the lawyer lost his temper and there was some chaos between Defence and Justice Mr. Nizamul Haque. Then with the interference of Justice Jahangir Hossain the situation came under control. Then Defence requested him to adjourn the court on plea that he didn’t take any preparation to cross. The court decided to finish on and resume on the following day.

27 Sep 2012: Chowdhury 13th witness cross exam

Following the order of Quasem Ali, the cross examination of Ashish Chowdhury, a witness in the case of Salauddin Quader Chowdhury continued (following on from this day), conductd by Ahsanul Haque

Defence: To go to Baruapara on 13th April, 1971 was not possible for you.

Witness: Not true.

Defence: How many people of Jogotmollopara have gone to India on 1971?

Witness: I don’t know.

Defence: Have you told about the incident of Jogotmollopara to Profullo Chandra Singha?

Witness: Yes.

Defence: Mention the names of two people who have came from Boruapara to bury the corpses.

Witness: None of them are alive.

Defence: You are stating a lie.

Witness: Not true.

Defence: Do you know Bijoy Chowdhury, Father- Asshini Kumar Chowdhury?

Witness: Yes.

Defence: Have you told this incident to him?

Witness: I have heard it from him actually.

Defence: Do you know the freedom fighter Commander Abu Kashem Chowdhury?

Witness: Yes.

Defence: When have you arrived in Dhaka?

Witness: 17 days ago.

Defence: When did you give your statement to the IO?

Witness: On 8-4-2011. He has come to our house 5 or 6 times to see everything in details. I have met him everytime.

Defence: You have not told it to the IO that you have passed the I.Com exam.

Witness: He has not asked.

Defence: You have not stated it to the IO that- during the liberation war you were 8 or 9 years old.

Witness: Not true.

Defence: You were 3 or 4 years old at that time.

Witness: Not true.

Defence: You are giving false statement by the request of Profullo Chandra Singha and the Prosecution.

Witness: Not true.

Defence: You have not told it to the IO that you can remember the moments of liberation war.

Witness: Not true.

Then the defence has repeated statements from the witness testimony, and alleged they are not true. And the witness claimed that they were.

Defence: How did you go to Sabroom?

Witness: By walking. It took 15 to 16 hours to reach there.

Defence: There were 3 Muslim Leagues in 1971.

Witness: I don’t know.

Defence: You don’t work at Kundeshwari?

Witness: Not true.

Defence: You are giving false statement before the Tribunal.

Witness: Not true.

Defence: Whether Orbindo Singha is your maternal Uncle?

Witness: Yes.

Defence: How much time it takes to go to your house from Kundeshwari Complex by riding a CNG?

Witness: 10 to 15 minutes.

Defence: The ground of memorial has been made for the benefit of this case after the 40 years of the liberation war.

Witness: Not true.

Defence: There was no incident that took place at Jogotmollopara and no case has been filed for this.

Witness: Not true.

Defence: All the people as you have mentioned as killed are staying at India and the others have been killed by the Pakistan Armies here and there. There was no brutal incident which has taken place in Jogotmollopara.

Witness: Not true.

Defence: You have not collected any death certificate of your relatives as they are staying in India.

Witness: Not true.

Defence: There was no incident on the aforesaid manner, on the aforesaid place on the aforesaid time.

Witness: Not true.

Defence: You are giving false statement for the political ill motive.

Witness: Not true.

Defence: This is the end of my cross examination.

Chairman: The next day is 1st October, 2012

26 Sep 2012: Chowdhury 13th witness cross exam

After the Azam trial witness, the cross examination of Ashish Chowdhury (13th witness) in the case of Salauddin Quader Chowdhury undertaken by Ahsanul Haque: See his original testimony here

Defence: With whom you came in Dhaka?

Witness: With my uncle Arunagshu Bimal Chowdhury who is also a witness. (Witness no – 12)

Defence: How did you reach Dhaka?

Witness: By air.

Defence: In jagatmalla para and in Rauzan your uncle Arunagshu Bimal Che has a good reputation as a doctor. Isn’t it?

Witness: Yes, it’s true.

Defence: He practiced in Rangunia, he has his own chamber.

Witness: Yes, he has.

Defence: You have a hospital named J K Memorial Hospital in Rauzan, isn’t it?

Witness: No, it’s not in Rauzan but it’s in Gohira.

Defence: A lot of good doctors practice there, isn’t it?

Witness: I didn’t go there before so I don’t know.

Defence: There is a government Health Complex in Rauzan.

Witness: Yes, there is.

Defence: There also lots of good doctors practice there?

Witness: I don’t know, I also didn’t go there ever.

Defence: Rauzan’s adjacent police station is Rangunia.

Witness: Yes.

Defence: There is a missionary hospital of doctor Trailer do you know that?

Witness: I don’t know, I never heard the name of that hospital.

Defence: Where is the chamber of Doctor Arun Das Gupta?

Witness: It is in Fokirhat adjacent to Jagatmallapara.

Defence: Jagatmallapara is how far from Fakirhat?

Witness: I don’t know how far but I can tell how much time it takes to reach there. It takes 10/15 minutes in a CNG.

Defence: How much time it takes to reach J K Memorial?

Witness: I don’t know.

Defence: Where is the resident of Doctor Arun Das Gupta?

Witness: In Daspara of Rauzan.

Defence: How much time it takes to reach in Daspara from Jagatmallapara?

Witness: I don’t know.

Defence: You are telling lies.

Witness: It’s not true.

Defence: In which year have you passed SSC (Secondary School Certificate) examination?

Witness: In 1981.

Defence: In which year have you passed HSC (Higher Secondary Certificate) examination?

Witness: In 1983.

Ahsanullah Haque: From which school have you passed your SSC examination?

Witness: Rauzan Salamotullah High School.

Defence: From which college have you passed your SSC examination?

Witness: From Rauzan Gohira College.

Defence: When you passed your examinations what was your Board?

Witness: Comilla Board.

Defence: There was a report in Daily Janakantha published in 18.04.2011 that you killed a person named Dilip Chowdhury by beating him.

Witness: It’s not true.

Defence: Did you read that report?

Witness: Yes I did.

Defence: Did you send any rejoinder in Daily Janakantha?

Witness: No I didn’t send it to Daily Janakantha but I sent it in ‘Purbakon’ and they published it.

Defence: Did you file any defamation suit against Janakantha?

Witness: No, I didn’t.

Defence: In SSC certificate two things are important; date of birth and roll number. Could you remember your date of birth in SSC certificate?

Witness: No, I couldn’t remember.

Defence: Could you remember your roll number?

Witness: Yes I can remember. It’s 4642.

Defence: Could you produce it if this Tribunal asks?

Witness: Yes I could.

Defence: In the year of 1971, you were only 4 years old.

Witness: It’s not true.

Defence: Did you produce any documentary evidence regarding your age to the Investigation officer?

Witness: Yes, I did.

Ahsanul haque: Jagatmallapara is situated in right side of the road which goes to Rangamati from Chittagong.

Witness: Right.

Defence: In your village there are lots of ponds.

Witness: Yes, it’s true.

Defence: There are two roads to enter your village which come from Rangamati Road.

Witness: Yes, that’s true.

Defence: Jagatmallapara is situated less than 200 meters from Rangamati Road.

Witness: I don’t know.

Defence: How far is Rangamati Road from your house?

Witness: I don’t know.

Defence: How much time does it takes to reach Binajury from your house by foot?

Witness: It takes approximately one and half hour.

Defence: How far is your Uncle Mr. Arunagshu’s house from your house?

Witness: We live in the same dwelling place but the difference between two houses is about 10 meters.

Defence: How far is your Aunt Jotosna Bala’s house from your house?

Witness: Around 7/8 meters.

Defence: You gave an interview in a book named ‘Muktizudha and Rauzan’, is that true?

Witness: May be.

Defence: This book is published in 2012.

Witness: I don’t know.

Defence: When did you last go to Jotosna Bala’s house?

Witness: We live in same house I always go her house as she is my elder aunt.

Defence: As she is sick did you see her prescription?

Witness: Yes, I did.

Defence: She has a son your age, what is his name?

Witness: Bisheshwar Chowdhury.

Defence: Who takes care of her (Jotsona Bala)?

Witness: Her elder son, Topon Chowdhury.

Defence: What is the profession of her sons?

Witness: Both of her sons are doing jobs.

Defence: Jotosna Bala is completely healthy and sound, in pressure of prosecution you are telling lies.

Witness: It’s not true.

Defence: In 1971 how many people lived in your village Jagatmallapar?

Witness: I don’t know.

Defence: When did you become a voter?

Witness: I can’t remember.

Defence: Do you know that Mr. Salaudin Quader Chowdhury from 1979 to present was never defeated in MP election in Rauzan?

Witness: No, I don’t know.

Defence: Do you know his brother Giyasuddin Qader Chowdhury was elected in Rauzan?
Witness: I don’t know.

Defence: Do you know present MP belongs to which political party?

Witness: No, I don’t know.

Defence: Do you know he is the first cousin of the accused?

Witness: No, I don’t know.

Defence: Regarding the issue of Jagatmallpara did your family member or you file any suit?

Witness: No, I didn’t but now I came here to seek justice.

Defence: The killing of Jagatmallapara occurred in 13th April 1971, did you see this with your own eyes?

Witness: No, I didn’t watch it by my eyes.

Defence: Where is your maternal uncle’s house?

Witness: Sultanpur, PO- Rauzan.

Defence: How far is it from Binajuri?

Witness: I don’t know.

Defence: How much time it takes to reach by foot?

Witness: From our house it takes 10/15 minutes to reach Sultanpur by foot.

Defence: What is the name of your Aunt’s husband?

Witness: Krishta Sarkar.

Defence: What is the relationship between Arabinda Sing and Prafulla Sing?

Witness: They are two brothers.

Defence: In your maternal uncle’s house who live there?

Witness: There lives my Uncle’s family.

Defence: Where is your maternal grandfather’s house?

Witness: I don’t know.

Defence: How many members live in your paternal Aunt’s house?

Witness: I don’t know.

Defence: In your evidence you said that, ‘On 13th April 1971, your maternal uncle came to Binajury in your paternal aunt’s house and told the tragic happening of your village.’ Who were present there at that moment?

Witness: My mother, two sisters, my aunt, her husband and me.

Defence: The tragic happening, did you speak about it to your Uncle Arunagshu Bimal Chowdhury?

Witness: I heard all these from my uncle.

Defence: How did you go to India from your aunt’s house?

Witness: By foot.

Defence: Did you collect border pass?

Witness: No.

Defence: Did you meet with your Uncle Arunagshu Bimal Chowdhury there?

Witness: No

Defence: Did you meet Mr. Prafulla there?

Witness: No, I didn’t.

Defence: Did you meet Mr. Harun or Mr. Khaled?

Witness: I don’t know them.

Defence: How old were you in 1979?

Here the witness failed to answer.

Defence: Did you become a voter then?

Witness: I don’t remember.

Defence: Do you know that time the accused was competed with Mr. Harun?

Witness: I don’t remember.

Defence: What my maternal Uncle told about the tragic happening of my village’ is not true.

Witness: ‘What my maternal Uncle told about the tragic happening of my village is not true’, is not true.

Defence: ‘Mr. Santosh Chowdury told all these after independence’, is not true.

Witness: it’s not true.

Defence: How many brothers do you have?

Witness: I have another brother but he died. Now I am the only son of my mother.

Defence: How many sisters do you have?

Witness: 2 sisters.

Defence: Did you take your birth certificate from your Union council?

Witness: Yes, I took it for making my passport.

Defence: What was your date of birth there?

Witness: I don’t remember.

Defence: Do you have your signature in your passport?

Witness: Yes, I have.

Defence: Who was the Chairman of your locality in 1971?

Witness: I don’t remember.

Defence: Is Jagatmallapara under Rauzan Municipality?

Witness: Yes.

Defence: Do you know that the person who is the present Mayor of Rauzan belongs to the accused’s political party?

Witness: I don’t know.

Defence: Do you know Kazi Hasan belongs to his political party?

Witness: I don’t know.

Defence: Did you vote?

Witness: Yes.

Defence: Did you hear that before the election the accused was arrested.

Witness: Yes, I heard.

Defence: I am saying that Kazi Hasan belongs to his political party and he is elected from BNP (Bangladesh Nationalist Party)

Witness: I don’t know.

Defence: Do you know in competing with Kazi Hasan, Debasish Palit was defeated?

Witness: yes, I know.

Defence: Do you know in 1986, ABM Mohiuddin Chowdhury was defeated by the accused?

Witness: I don’t know.

Defence: Did you put your vote in 1986?

Witness: yes.

Defence: In 1991 Mr. Abdullah al Harun was again defeated by the accused, do you know?

Witness: I don’t remember.

Defence: Did put your vote in 1991?

Witness: Yes, I did.

Defence: Did you put your vote in 1996?

Witness: Yes, I did.

Defence: In 1996 Giyasuddin Qader Chowdhury defeated Fazle Karim Chowdhury

Witness: I don’t remember.

Defence: In that election S.Q. Chwodhury was elected from Rangunia

Witness: I can’t remember.

Defence: Did you take the death certificate of your family members who were killed.

Witness: No, I didn’t.

Defence: You said that, there is a monument in memory of martyrs where the name of martyrs are listed in your village, in the opening ceremony of that monument did you invite your MP?

Witness: We didn’t organize any opening ceremony of it.

Defence: Who provided the names of martyrs for that list?

Witness: We provided, here ‘we’ means my elder brother, and me.

Defence: Do the ‘Baruas’ (a group of hindu people) burn dead bodies at crematorium?

Witness: Yes, they do.

Defence: In which direction Baruapara is situated from Kundeswari?

Witness: In its south.

Defence: Do you know that on 13th April 1971 Pakistani Army killed both Baruapara and Muslimpara?

Witness: No, I don’t know.

24 Sep 2012: Chowdhury 13th witness testimony

After the Sayedee witness, the tribunal then moved to the case of Salauddin Quader Chowdhury, and the witness Ashish Chowdhury, the 13th prosecution witness came to the witness box. [See 12th witness evidence]

Name: Ashish Chowdhury Father’s name: Martyr Premangshu Bimal Chowdhury Mother’s name: Jotsna Rani Chowdhury

What is your age: 49 years old

Prosecution: What is your Education

Witness: I have passed HSC in Commerce group.

Prosecution: What is your Profession

Witness: I am working as an office assistant in Kundeshwari Pharmacy since 1405 (Bangla year)

In the year of 1971 I was 8/10 years old. In 13 April, 1971 my father told my mother that the war has been started, he told her to move away with his children to Binajury to my Aunt Kuti Rani Sarkar’s house. Then on that very day we moved to Binajury. Approximately at 2/3 pm my maternal uncle came to my aunt’s house and told us about tragic happenings at our village. All members of our family were killed. Hearing this we all started to cry holding my maternal uncle. He also told that Salauddin Quader Chowdhury along with his Muslim Leage followers led Pakistani army to our house and they killed my father Premangshu Bimol Chowdhury, my elder brother Ashok Kumar Chowdhury, my elder aunt Monoroma Chowdhury, my paternal uncle Shitangshu Bimal Chowdhury, my cousin Samir Chowdhury and more 30/35 people of my family and villagers. My elder Aunt Jotosna Bala Chowdhury and neighbor Amalendu Biswas was injured. After hearing this news and as shooting started from everywhere so we decided that Aunt house is not also secure. Then me, my mother and my two younger sisters we all went to Baruapara for self-protection. As we didn’t feel secure there, so we started for India at 10 pm probably. At first we reached at subroom of India and then went for Agartola refugee camp. We stayed there until the independence of the country. After independence we returned back home and saw that there were jungle in everywhere and only the mud made walls were standing there, no doors and windows in those house and some have turned into ashes. We heard from people that 4 days later of that incident the people from Baruapara came and they buried all the bodies of our yard in a mass grave nearby. After independence my Uncle Shontosh Kumar Chowdhury called the people of Baruapara and Baruipara. They figured out the grave and he dug the grave and picked those bones and burned them in our family crematorium. I heard from my Aunt Jotosna Bala Chowdhury, neighbor Amalendu Chowdhury and uncle Shontosh Ranjan Chowdhury that Salauddin Quader Chowdhury and his Muslim Leage Followers led the Pakistani Army and killed 30/35 people on our yard. My elder Aunt Jtosna Bala Chowdhury was injured by a bullet shot on her left thigh. After returning back we also heard that Salauddin Quader Chowdhury and his followers after one month of that incident caught Bijoy Krishna Chowdhury, Hirendra Chowdhury, Bivuti Vushon Chowdhury at the bank of Dabua canal and killed them there. In their memory, in my village Jagatmallapara a monument was made. The name of all the martyr are listed in that monument. I gave a testimony to the I.O. I know Salauddin Quader Chowdhury. Today he is present in the court.

16 Sep 2012: Chowdhury 12th witness testimony

After the Azam case, the tribunal in the afternoon then moved onto the case of Salauddin Quader Chowdhury and the 12th prosecution witness Arunagshu Bimal Chowdhury gave evidence. [11th witness evidence can be seen here]

Father’s name: Late Jogesh Chandra Chowdhury Mother’s name: Late Ranada Bala Chowdhury. Age: about 80/82. Address: Sultanpur, Jagatmalla Para, PS- Rauzan, District- Chittagong.

In the year of 1971 I was around 40/42 years old. After passing Matriculation Examination I passed LMAF examination. Then I practiced as a doctor in Ranggunia, Ranirhat. The day when the incident occurred, the chairman of Rangunia Mr. Kaikobad chowdhury told me that, doctor you go home and move away with your family at least 2 miles from your house. Then with my whole family I went to Binajury in my in-laws house. After reaching there I heard that all the people of my village Jagatmallapara was killed by shooting. Then I came out to see what actually happened. On my way I saw my sister in law injured by gunshot around one mile west from my house. Name of my sister in law was Jotsna Bala Chowdhury. Her father’s house was also in Binajury and I brought her there. At that time, looting started even in Binajury. In time of bringing my sister in law I didn’t talk to her. I don’t know who committed all these incidents because I was not in home that time. At the time when there were mass looting in Binajury I hid behind a crop field and after that I fled away in India with my whole family by foot.

When I reached at India Border I saw my teacher Sadhan Dhar, Abdur raj Harun and Mr. Khalek. They give me a slip and by crossing river we entered in India. After the war when we came back in Bangladesh we saw nothing was left for us only the mud made house, standing there empty. After coming back Jagatmallapara which was almost destroyed I was busy with managing my shelter and livelihood. I didn’t get any scope to concentrate on other villages. Lots of people were killed in my village. In my family my elder brothers Himangshu Bimal Chowdhury, Premangshu Bimal Chowdhury, Shitangsu Bimal Chowdhury, my sisters in law Niru Bala Chowdhuru, Jotsona Bala Chowdhury, my uncle Surendra Binoy Chowdhury, his wife Charubala Chowdhury were killed. They were killed in my house. I heard that after one month 3 more members of my family were killed. After this occurrence I didn’t get any opportunity to find other people who were in other places. There is a martyr monument in Jagatmallapara village. The names of martyr are listed on that monument. I could not remember whether I have spoken before the investigation officer of this case either.

The defense declined the opportunity to cross examine this witness.

6 Sep 2012: Chowdhury 11th witness cross exam

After seeing that the defence witness relating to the case Delwar Hossain Syedee sitting with the counsels at the defence side, the Chairman told the defence that he thought that it would be appropriate if the witness sits separately from the defense lawyers so that the witness could think and feel freely. Then Tajul Islam raised objection by saying that everyday the prosecution Withnesses are sitting beside the prosecutors, and you are not considering that. And the place where you want the witnesses to sit is is adjacent to the Prosecution and the investigation officer, so that the Defence witnesses might be threatened.

The Chairman said, no that will not happen we will see that, we are going to test it. ‘It is too odd to watch the witnesses sitting with the counsels.’ Then he has directed the defence witness to go the other side of the room. When the witness attempted to go to the side Tajul Islam stated we will take him outside the courtroom, but we will not let him sit on the other side.

Then Tajul has sent the witness out the room with a junior lawyer. The Chairman said Tajul Islam, everyday you are creating several types of obstacles here at the Tribunal, it is not really expected. Then Tajul started raising his voice and saying, I am the appointed counsel, I have the right to protect our witnhess. Then the newly appointed Justice Jahangir Hossain has stated- Mr. Tajul you are practicing for a long time. Don’t get excited so easily, be calm, quite. Hold your anger. Then Tajul Islam took the seat.

Then the tribunal started with the case of Salauddin Quader Chowdhury, and the cross examination of SM Mahbubul Alam, witness number 11, continued with Ahsanul Huq asking the questions (following on from here)

Defence: There was no man named Afsar Ali at the high command.

Witness: Not true.

Defence: Do you know freedom fighter Taher Sobhan of Chandanpura?

Witness: No.

Defence: He was in charge of Chandanpura?

Witness: Not true.

Defence: To go to Chawkbazar from City Corporation one has to follow the Sirajuddollah Road. There are so many business organization and shops beside this road.

Witness: Yes.

Defence: Kajim Ali Road is located on the right side of the way to Sirajuddollah Road to Chawkbazar.

Witness: Yes.

Defence: Kajim Ali Road is located at the Ghat Forhad Beg area.

Witness: Yes.

Defence: Do you know Jahangir Sattar Tinku whose house is located at this area?

Witness: Yes.

Defence: He was a freedom fighter?

Witness: Not true.

Defence: If there was any curfew in Chittagong on September?

Witness: No.

Defence: This Sirajuddollah Road is a busy road and so many vehicles move over this road.

Witness: Yes.

Defence: Ayesha Khatun Lane is at the right side of Sirajuddollah road.

Witness: Yes.

Defence: Chandanpura is an overpopulated area.

Witness: Yes.

Defence: Transports and Rickshaws also move over the Ayesha Khatun Lane.

Witness: Yes.

Defence: The gate of the house of Azizuddin is visible from the Sirajuddollah Road. And Azizuddin’s house is visible from the gate.

Witness: Yes.

Defence: What is the distance of the gate to Azizuddin’s house?

Witness: It is about 150 yards.

Defence: There are so many trees beside the house.

Witness: Yes.

Defence: What is the distance of the gate to the slab over the drain?

Witness: I can’t remember.

Defence: How many times have you gone to the Ayesha Khatun Lane before and after the incident?

Witness: Before the incident I have gone twice and after the incident I have not gone to the house of Azizuddin for anytime.

Defence: What is the length of the slab over the drain?

Witness: It is about 10 to 12 feet.

Defence: If the Sirajuddollah Road is in higher position than Ayesha Khatun Road?

Witness: Yes.

Defence: The drain beside the house of Kaisar Ali was visible from the Sirajuddollah Road.

Witness: Yes.

Defence: Have you heard any sound of shouting and hurt from the vehicle after your attack?

Witness: No.

Defence: Did you used to hear the Chorompotro of M R Akhtar Mukul?

Witness: Yes.

Defence: Have you heard any one talking about your attack at the Chorompotro before 20th to 30th September, 2012?

Witness: No.

Defence: The content of the program Chorompotro has been published as a book named ‘Chorompotro’.

Witness: Yes, but I have not read that book.

Defence: If the vehicles stopped at the compound were they visible from the gate of Azizuddin?

Witness: I don’t know.

Defence: There was a big fire station at the south side of the Ayesha Khatun Lane.

Witness: Yes.

Defence: Did the Pakistan Army and the Polices used to stay at the fire station?

Witness: I don’t know.

Defence: The Pakistan Police, Army, Military used to stay by making Camp over the DC Hill, Ispahani Hill, Mojaffor Mia Hill and CMP Hill?

Witness: Yes.

Defence: The freedom fighters are being invited from the DC Office for any programs of State.

Witness: Yes.

Defence: There is a list of freedom fighters at the DC Office.

Witness: Yes.

Defence: There was a freedom fighter commander at named Dr. Mahbub.

Witness: Yes.

Defence: Your name has not been enlisted in the list of DC Office.

Witness: Not true.

Defence: Have you submitted any supporting documents to the IO about your statement where you have stated- you were a commander of freedom fighter.

Witness: No.

Defence: You were not either a freedom fighter or a commander of freedom fighter.

Witness: Not true.

Defence: How much times have been taken for your ambush and firing?

Witness: I can’t remember.

Defence: There were so many shops at the east side of the Ayesha Khatun Lane and there were many shops at the north side.

Witness: Yes.

Defence: Did the family members of the driver or Salahuddin Quader Chowdhury file any case at the time of war?

Witness: I don’t know.

Defence: Have you given the hit list to the IO which has been given to you by Ziaur Rahman?

Witness: No. It was lost.

Defence: Who were given the copies of hit list?

Witness: Me and along with other commanders were given the copy.

Defence: What kind of grenade was that?

Witness: It was a powerful Enarga grenade.

Defence: What kind of Sten-Gun was that which was used in that incident?

Witness: It was Nine MM-SNG Mark-2.

Defence: No vehicle or passengers would have survived after any attack over the vehicle by these sorts of arms and grenade.

Witness: Yes and driver died after our attack and Salahuddin Quader Chowdhury was seriously injured. I don’t know anything about the other passengers.

Defence: By giving wrong information Azizuddin has given Nurul Afsar at the place of incident?

Witness: Not true.

Defence: Did anyone tell you that- Azizuddin’s criminal record is not so good.

Witness: No.

Defence: Who has taken away the dead body and the injured bodies after the attack?

Witness: I don’t know.

Defence: By which route have you left?

Witness: We have left from the back side of the house of Mr. Kaisar.

Defence: Have you met anyone on the way?

Witness: No.

Defence: When did you first let the people know about the attack?

Witness: After 16th December, 1971.

Defence: Whom did you talk about the incident?

Witness: I have told so many people. Among those there were 150 freedom fighters of Chittagong. Among them there were- Kaji Enamul Haque- who is the secretary of the present Mohanogor Awami League, Engineer Harun Ahmed- former BLF Commander, Dr. Jaforullah- BLF Commander, Abu Syed Sarkar- Commander, Dr. Mizan- BLF Commander.

Defence: What is the meaning of KC-1 and KC-2 of BLF?

Witness: I was not in BLF so I can’t say.

Defence: Abdus Sattar, Jahangir Alam, Omar Faruk, Abdur Rahman, Johurul Alam Choukidar and others were the Freedom Fighter commander of Chittagong.

Witness: Yes.

Defence: Afterwards they all have got involved with the group of Moulovi Syed.

Witness: I don’t know.

Defence: Dr. Mahfujur Rahman, Dr. Mahbubul Alam, Abdullah Al Harun, Enamul Haque Danu were the BLF Commander of Chittagong.

Witness: Yes.

Defence: Mostafijur Rahman and Abdul Aziz were at the KC-4 of BLF.

Witness: I don’t know.

Defence: Moinuddin Khan Badal was the publication secretary of the High Command of the City Freedom Fighters; Vice- President was Robiul Hossain Kochi and Kaji Arif.

Witness: Yes.

Defence: the KC-1,2,3 have been assigned to destroy the collaborators and the Panjabi.

Witness: I don’t know.

Defence: You have not told it to the IO that- After the declaration of liberation of Sheikh Mujibur Rahman at 1971 I have joined at liberation war.

Witness: Not true.

Defence: Have you got any border pass when you have gone to Sabrum from Ramgor.

Witness: No.

Defence: You have not gone to Sabrum from Ramgor?

Witness: Not true.

Defence: Shopon Kumar Choukidar has taken you to Major Zia, it is not true.

Witness: Not true.

Defence: Have you given any interview to ATN Bangla?

Witness: Yes.

Defence: Have you stated at the interview that- till September, 1971 you were staying at Bangladesh, you have not gone to India.

Witness: No.

Defence: You have stated 15 names in total, but you have not stated the names of the following persons to the IO, namely- Md. Mohsin, Md. Rafiqul Islam, Md. Kashem, Yousuf Chowkidar, Ahmed Kamrul Hasan.

Witness: I can’t remember.

Defence: Among the 15 persons Rojario has not returned to Bangladesh after the liberation.

Witness: Not true.

Defence: You have stated the name of Mr. Ziaur Rahman as Salahuddin Quader Chowdhury who is the president of the standing committee of BNP to make chaos in the BNP.

Witness: Not true.

Defence: The story of the invitation of Salahuddin Quader Chowdhury at the house of Dr. Samiruddin is not a true one.

Witness: Not true.

Defence: The political opponent of Salahuddin Quader Chowdhury has incited you to give statement against him.

Witness: Not true.

Defence: You are giving false statement by the provocation of Mr, Abdullah Al Harun and other people.

Witness: Not true.

Defence: You have not gone to the Ayesha Khatun Lane on the day of incident, you were at another place but you have stated false words.

Witness: Not true.

Then the counsel read out passages from the witness statement and said that they were not true, and the witness said that they were

Defence: It was raining heavily and it was so dark- it is not true. It was drizzling on that time.

Witness: Not true.

Defence: There was no incident like attack over Salahuddin Quader Chowdhury on the so called day and time. You are stating false.

Witness: Not true.

Chairman: Okay the Tribunal is adjourned till 2 P.M. And the next day for this Item is on Sunday.

5 Sep 2012: Chowdhury 11th witness cross exam

After dealing with the Sayedee witness, the tribunal then moved to the Salauddin Quader Chowdhury’s case and the cross examination of S M Mahbubul Alam, the eleventh prosecution witness was started by the Ahsanul Haq Hena. (His original testimony can be seen here)

Defence: You have said Koxi lived inyour locality. Please tell me how old Koxi was during that time.

Witness: He was three years junior to me.

Defence: Was your permanent address at Fateh Ali Matubbar Lane.

Witness: No, it’s not correct.

Defence: ‘’Ghat Farhad’’ is a populated locality.

Witness: Yes.

Defence: Koxi was a freedom fighter.

Defence: He was a Commissioner in that area during that time.

Witness: Not true.

Defence: He was a supporter of Awami League.

Witness: He was the secretary of city Awami League.

Defence: Are you familiar with Captain Year Ali?

Witness: Yes.

Defence: Did you know the late Ataur Rahman Khan alias Mr.Kaisar?

Witness: Yes.

Defence: Did you know about his brothers?

Witness: No.

Defence: How much distance from your house to Mr Ataur Rahman and Aziz Uddin house gate?

Witness: It’s about 300 or 400 yards

Defence: Have you known Mr Aziz Uddin and Dr.Sami Uddin?

Witness: No.

Defence: Whether captain Yar Ali was father of Mr Kaisar or not ?

Witness: I did not know.

Defence: The father-in law house of Mr Jahir Ahmed, Mamtaz Uddin,Porfessir Khaleque have ‘’Ghate Farhad Begh’’.

Witness: I didn’t know.

Defence: Did you know about Dr Kamruzzaman?

Witness: I have heard his name.

Defence: Whether professor Khaleque was the brother in law of Professor Mr Malek?

Witness: I did not know.

Defence: Have you heard about Mozaffar Moktar and Mr Moidur Rahman?

Witness: No.

Defence: Moidur Rahman was the chairman of peace committee under Cox’s bazar district.

Witness: Yes.

Defence: Mozaffar Moktar was killed during liberation war in Ghat Forhad Beg.

Witness: Yes.

Defence: You have listed in your hit list the name of Mr Mozaffar Moktar.

Witness: No.

Defence: Lokman and Amullah killed Mr Sarafat Ullah.

Witness: I don’t know but I have heard that the freedom fighters killed them.

Defence: Have you read any notice from newspaper in Chittagong where the I.O. called upon everyone who was acquainted with the facts of Liberation War to present at the circuit house at Chittagong.

Witness: No.

Defence: Did you know Dr. Mr Mahfuzur Rahman?

Witness: Yes

Defence: You did read his book?

Witness: No.

Defence: Read any book on freedom war at Chittagong?

Witness: No.

Defence: Have you written any book?

Witness: No

Defence: Sallah Uddin Quder Chowdhury has been elected from 1979 to present election.

Witness: Yes, I know.

Defence: He is the Standing Committee member of BNP.

Witness: Yes.

Defence: Where is your home?

Witness: At Hathazari.

Defence: Which school you have passed S.S.C?

Witness: From Doyazeziya Madrasha.

Defence: You have made a statement that you are a micro businessman. Have you any Tax Identification Number (TIN) certificate?

Witness: I have joint business or firm with my brother and TIN number also.

Defence: Which circle it was situated?

Witness: At khatungong.

Defence: What is the name of your institution?

Witness: Samshul Alam Traders.

Defence: What is the holding’s number?

Witness: I cannot remember.

Defence: In 2010 you said that your age is 63 years old.

Witness: Yes.

Defence: What was the company name and what was the color of that car upon which you fired on.

Witness: I cannot remember.

Defence: How many passengers were in the car?

Witness: I am not sure.

Defence: Was it left-hand drive or right-hand drive?

Witness: I can not say.

Defence: At a time the Sten gun has fired 28 bullets and the car was damaged for that reason.

Witness: Yes, at the same time the Grenade was also charged on that car.

Defence: That time news of BBC was broadcast at 8pm as per Bangladesh time.

Witness: I don’t know exactly.

Defence: When was the news broadcast by the Voice of America?

Defence: Not known to me?

Witness: Have you informed this incident to any one?

Witness: Yes, to High Commander Engineer Afsar Ali.