10 Jul 2012: Molla 2nd witness testimony

Tribunal 2
The examination in chief of Sayed Shahidul Haque Mama who was giving evidence in the case against Abdul Quader Mollah took place. The questions were asked by Mohammad Ali. This follows on the from the first witness's cross examination which took place the day before.

Prosecutor: What is your name?

Witness: My name is Sayed Shahidul Haque Mama

Prosecutor: Are your parents alive?

Witness: No, they are not alive. My father was a famous Lawyer, Sayed Atharul Haque.

Prosecutor: Will you give the short historical background of your grandfather?

Witness: My grandfather is late Kaji Abdul Haque. He was a Judge under British Government.

Prosecutor: What is your mother’s name?

Witness: Late Sayeda Kashmiri Begum. My grandfather’s immediate younger brother was Khan Bahadur Ajijul Haque. He was an SP in British period. He was the inventor of the finger print. As a result, the British Govt gave him the ‘Khan Bahadur’ rank. My father in law was also a famous Lawyer named late Mir Md. Khijir Ali belonging to a renowned family.

Prosecutor: Before 1960, where was your paternal residence?

Witness: At Sayed Awlad Hossain Lane.

Prosecutor: Where did you start to live from 1960?

Witness: In the decade of the 1960’s, my father became the resident of Mirpur, Dhaka.

Prosecutor: State about your school life before 1960?

Witness: I started my school life from San Francisco School which was opposite to Lakshmibazar.

Prosecutor: After coming to Mirpur?

Witness: I was admitted to Mirpur Junior High School. It became known as Bengali Medium School subsequently. Many remembrances are connected with this school as here Bangla language was practiced.

Prosecutor: Did you participate in any movement in 1962?

Witness: Yes, I participated in the movement to cancel the notorious Hamidur Rahman Education Commission on 1962.

Prosecutor: State about the movement of 1966.

Witness: There was a movement in 1966 for the demand of 6 items. I participated in that movement. That movement was Bangalies’ demand for life.

Defense Counsel (Ekramul Haque): It seems that, the prosecutor friend is deriving information by licking the witness.

Prosecutor: What was the background of this movement?

Witness: At first the movement demanded 6 items, then the students’ movement demanded 11 items – the main sight behind both these movements were the confinement of the hero of history under the conspiracy case of Agartala.

Defense Counsel (Ekramul Haque): My Lord, I am sorry. My learned friend is thinking that I understand nothing. His way of questioning is not correct.

Prosecution Witness (Sayed Shahidul Haque Mama) told angrily, you have come as the agent of Rajakars of 1971, but I have come here in response of my conscience.

Prosecutor (Mohammad Ali) cooled down and told to say his statement.

Witness: By keeping 6 items’ and 11 items’ in front, we participated in movements. We went in front of Beauty Cinema Hall of Mirpur with procession. Then the leader of Muslim League S.A Khaleque and the sun of Monem Khan Md. Khoshru attacked and fired at the procession with their team.

Prosecutor: Then, what happened?

Witness: Then Quader Mollah of Jamaat-e-Islami, Dr. T. Ali, Hakka Gunda, Akhter Gunda, Nehal, Hasib Hashmi, Abbas Chairmen, Kana Hafez along with their followers invited Muslim League leader Khan Abdul Kaiyum who was known as Tiger of Border to defend 6 items’ and 11 items’ movement.

Prosecutor: Who was the pioneer?

Witness: Anjuman Mahzarin was the pioneer and Jamaat-e-Islami was the abettor.

Prosecutor: Then, what happened?

Witness: The present Mirpur Stadium was an open field in that time. The meeting of Kaiyum Khan held there. He was the chief guest of that meeting. That meeting was filled with the supporters of Jamaat-e-Islami and Biharies. Kaiyum Khan announced taking microphone, “Sheikh Mujib gaddar hai, Pakistan ka dushman hai”.

Prosecutor: Then?

Witness: Hearing that announcement we attacked the stage and took away the microphone.
Prosecutor: Then what was the reaction?

Witness: Me along with my companions was beaten severely. My comrade Amir was thrown to nearest dustbin after beating. Then I was carried to Mirpur Thana, they beat me and told, “Say, Joy Bangla!” I also told, “Joy Bangla!”. Their torture was getting harder. Again they told, “Will say Joy Bangla?”. Yet I told, “Joy Bangla!”.

Prosecutor: Say about fall of Ayub Khan.

Witness: Fire of aggression was lighted all over the country and the autocracy of Aiyub Khan was fallen down.

Defense Counsel (Ekramul Haque): I am feeling helpless, My Lord. My learned friend is violating rules again and again.

Prosecutor: Then who came as the ruler?

Witness: After falling down the autocracy of Aiyub Khan, came another autocrat ruler Yahya Khan.

Prosecutor: At that autocrat ruling what was done against you?

Witness: After beating me, a false case was brought against me at Thana.

Prosecutor: Then what happened with you at that case?

Witness: I was released without any charge. And, the people who gave evidence in favor of me, almost all of them were killed at the horrible night of 25th March. Quader Mollah of Jamaat-e- Islami, Dr. T. Ali, Hakka Gunda, Akhter Gunda, Nehal, Hasib Hashmi, Abbas Chairmen, Kana Hafez and their Bihari and Jamaat-e-Islami followers, who were the sons of same mother, confined and killed them.

Prosecutor: Say about the election of 1970.

Witness: At the election of 1970, Bangabandhu nominated his favourite Mr. Advocate Jahir Uddin as a candidate of National assembly and Dr. Mosharaf Hossain as a candidate of provincial assembly. I begged him to vote before door to door in favor of these leaders selected by Bangabondhu.

Prosecutor: Who was the opposition of that election?

Witness: The notorious leader of Jamaat-e-Islam, Golam Azam was the opposition containing the symbol of ‘Dari-Palla’.

Prosecutor: Was there any other candidate?

Witness: In favor of Anjuman Mahzarin of Mohammadpur mirpur area – Dewan Bara Chand was the candidate containing Elephant symbol.

Prosecutor: Did he participate at last?

Witness: He canvassed for the election, but at last he rejected his nomination paper and worked in favor of Golam Azam.

Prosecutor: In favor of Golam Azam, who took part in canvas?

Witness: Beharies and Quader Mollah of Jamaat-e-Islami , Dr. T. Ali, Hakka Gunda, Akhter Gunda, Nehal, Hasib Hashmi, Abbas Chairmen, Kana Hafez and many others.

Prosecutor: What was their ‘Slogan’?

Witness: “Pakistan Zindabad”, “Naraye Taqdir, Allahu Akber”, “Pakistan Hamara Mulk Hai”, “Joy Bangla Joy Hind, Lungi chorkar dhuti pind” , “Gali gali main shor hain, Sheikh Mujib Pakistan ka dushman hain, gaddar hain”.

Prosecutor: What happened after that?

Witness: My Lord, the name what I am pronouncing again and again, Kader Mollah along with the followers of Jamaat and Biharies, declared those slogans with cheer.

Prosecutor: What was your slogan?

Witness: Our Slogan was only one - “Tomar desh amar desh, Bangladesh, Bangladesh. Joy Bangla!” Oh! There was another Slogan of Kader Mollah and his followers – “Kaha tera Bangladesh? Tamasha dekh, Dhamaka dekh!” Actually they had a plan, after the genocide of the night of 25th March, they gave this Slogan.

Prosecutor: Say about the speech of 7th March of Bangabondhu.

Then the Defense Counsels objected loudly that the Prosecutor is bringing the information by licking. He is referring every first word of every sentence. The tempered witness better know than him.

Witness: Through the way of the ‘Osohojog (non-co-operation) movement’, the birth of historical 7th March occurred.

Prosecutor: Then, what happened?

Witness: In the presence of millions of people, Bangabondhu Sheikh Mujibar Rahman gave us the direction.

Prosecutor: What was the direction?

Witness: Bangabondhu declared, “the struggle this time is for our freedom! The struggle this time is for our independence! Remember, since we have learnt to giveblood, we shall give more of it- we shall free the people of this land by the grace of Allah. At that day, it was fixed who were the friends and who were the enemies.

Prosecutor: Then, what did you do?

Witness: By getting the clear instruction from Bangabondhu, to prepare for the participation of the Liberation war, we started to collect arms and arranged meetings. We arranged meetings at the ‘Avijatrik Drug House’ of Dr. Sheikh Haidar Ali, who was the Senior Vice Chairmen of Awami Jubo League.

Prosecutor: Then?

Witness: 23rd March was the Republican day of Pakistan. The Pakistanis and their followers were making cheers by flying moon and star marked national flag of Pakistan. Quader Mollah was present physically in that celebration. We the Bengalis tried our best to fly the flag marking map of Bangladesh. At the highest pick of water Tank of Mirpur, I climbed by stair and flew the flag of Bangladesh by removing Pakistani flag.

Prosecutor: Where were you on the night of 25th March?

Witness: They were waiting to take revenge after the incidence of 23rd March. At the Operation Search Light of the night of 25th March, Jamaat-e-Islami and the Biharis actively took part.

At that night, I along with my friend took shelter at the club room of Bangalis beside the Mazar of Shah Ali, Mirpur. Their genocide crossed the grievance of the genocide of Rwanda. They killed people without any mercy.

At 8 am of 26th March I got out from that shelter and saw that there was fire and fire all around Mirpur. Then I thought that, at first I would go home to freshen up and then I would leave. After reaching D block of Mirpur – 1, I watched crowd of Biharis and they were celebrating. After watching us, they shouted “Pakraw, pakraw”. When I was near to them, Kader Mollah and his companions, the name of whom I stated earlier, louded “Shahid Agaya, Shahid agaya!”.

Prosecutor: Is your name Shahid?

Witness: Yes. Then I was running away and they ran after me. Then, after passing Nalbagh, I crossed the small river Turag by swimming which was near to my home and reached the other side. On that side, I reached Sadullapur crossing Kakulia. On the way, I came to know that, my father, grandmother and cousin brother were sitting under a tree.

Prosecutor: Then what did you do?

Witness: All persons were fleeing away. There were people all around. At the time of passing river I watched the dead bodies floating on the water.

Prosecutor: Then?

Witness: Then I met my father and grandmother. The members of a famous family took shelter under a tree! I was a student leader at that time. Through my identity the local people gave them shelter at the ‘Ghutnighar’.

Prosecutor: What is ‘Ghutnighar’?

Witness: This was a place where weekly bazaar was placed.

Prosecutor: Then?

Witness: I took shelter at ‘Banga’ with Dr. Zakaria, Ratan and famous TV and film actress Shahara Banu.

Prosecutor: What did you see on 27th March?

Defense Counsel (Ekramul Haque): Why he is asking mentioning date? This is not fair.

Witness: Two incidents are memorable to me specially. The first is, at 11am of 27th March, I got information that, the famous poet Meherunnesa and his two brothers were killed brutally and their dead bodies were cut into pieces.

Prosecutor: Who killed them?

Witness: I have already stated their names. Quader Mollah of Jamaat-e-Islami , Dr. T. Ali, Hakka Gunda, Akhter Gunda, Nehal, Hasib Hashmi, Abbas Chairmen, Kana Hafez and many others.

Justice (Chairmen): What is the other incident?

Witness: Thataribazar of former Pakistan was the center of Hakka Gunda. Akhter Gunda and his followers took Pallab, in other word, Tuntuni, from that place and brought him to Muslim Bazar, Mirpur.

Prosecutor: Where was he brought?

Witness: At Muslim Bazar, Mirpur 12.

Prosecutor: Then?

Witness: His fingers were cut at that place.

Defense Cunsel (Tajul Islam): Mohammad Ali Bhai, you don’t go near to the witness. My Lord, he can’t be stopped in any way. Mind you business.

Prosecutor: I know my conduct.

Witness: Then he was hanged in a tree and after crossing all limits of brutality they killed him. Most probably it was the incident of 5th April, 1971

Prosecutor: Who occurred this incident?

Witness: Biharis and Quader Mollah with his followers.

Prosecutor: Then where did you go and what did you do?

Witness: My elder brother came to ‘Banga’ of Savar Thana tracing me. He took me and my father in a boat of wooden materials and started for Dhaka secretly. On the way I got down with my elder brother at Rayer Bazar. From there I returned at Nazira Bazar at my auntie’s home which was situated beside the home of former parliament membe, Mr. Hanif.

Prosecutor: After that, when did you reach the main place?

Justice: Why are you mentioning the key points of questions again and again?

Witness: As that place was not safe, my grandmother took me to the home of Mr. Fazlur Rahman at Gopibagh. After staying some days there, I started to India with Mulluk Chand, Bodi and others. And reached to Agartala passing Ramchandrapur and many other villages. After staying there some days, we started to Melaghar to take training. Melaghar was the Head Office of 2 no. sector, the leader of which was General Khaled Mosaraf and Majod Haydar. It was the guerilla training to participate in the Liberation War.

Prosecutor: What did you do at Melaghar?

Witness: We took special Guerilla training. Then Major Haydar was the second man of Pakistan Commando Battalion.

Prosecutor: Then what did you do?

Witness: The type of our operation was ‘Hit and Run’. We were directed to attack our enemies.

Prosecutor: Then where did you return?

Witness: To participate in front war against the Pakistani Army with the direction of Mr. Haydar, along with 12, 13 & 14 no. Platoon, we reached Dhaka and made our operation. After reaching Dhaka, I came to know that, my immediate brother was arrested and they gave the condition that, “Give us Shahid, then you will be released”.

Prosecutor: Who are ‘They’?

Witness: They are the Pakistani Army and Rajakars. On the other side, my elder brother was also taken to Dhaka cantonment. Then, Mr. Advocate Jahir Uddin, in whose favor I worked at the time of election of 1970 and who was my father’s close friend, went to Dhaka cantonment and released my brother.

Prosecutor: After that, what did you do at Dhaka?

Witness: When we were participating in front fight, most probably it was the end of October, in accordance with the direction of Major Hayder, we placed our centre at Mohammadpur and Mirpur along with the ‘Mama Group’ (I was the leader of ‘Mama Group’). And we had hidden at different places including Nosina, Ati and so on. We sought opportunities to attack the vehicles of Pakistani Army.

Prosecutor: Tell about your next activities.

Witness: On 16 December, 1971, along with approximately 93 thousand army members, the Pakistani authority surrendered.

The Graphic Arts Institute was the Head Quarter of Pakistani Armi. It and the Physical Training Institute of Mohammadpur, which were located on the way to Sat Masjid Road, Rayerbazar and were used as the torture centre of Pakistani Armi. We attacked there.

Prosecutor: When?

Witness: During afternoon to dusk. At the evening, when we attacked the Graphic Arts Institute, the Khansenas left that centre and mixed with the Biharies of Mohammadpur. The remaining members went away to Mirpur.

Justice (Obaydul Hassan): You’ve stated earlier that they surrendered already.

Witness: Though they surrendered on 16 December, 1971, but the Mirpur area became free on 31st January, 1972.

The Biharis, Khansenas and Rajakars were motivated and along with Islami Chhatra Sangha, they created the wall of prevention. They also flew the flag of Pakistan. They declared, “You brought Bangladesh within 9 months, we again turn it into Pakistan.”

Prosecutor: Who are ‘they’?

Witness: They are Quader Mollah, Biharies and Rajakars. They are Nijami, Ashraf, Golam Azam.

Defense Counsel (Tajul Islam): My learned friend is insisting to utter the name.

Witness: At the wall of the Graphic Arts institute, there were marks of blood.

Justice (Chairman): You have many memories. Please tell those, which are relevant to our current case.

Prosecutor: What happened at Mirpur then?

Witness: On 14 December, the intellectuals of our country were killed brutally. On 17 December, I saw their dead bodies at slaughter-house of Rayerbazar. There were eyes of men packed in sacks.

We dag soil and interred those eyes. Then, were searching for the assailants. The Biharis confessed subsequently. We arrested many of those assailants, who were hiding at Mohammadpur. According to their confession, we identified thousands of dead bodies within the bricks of slaughter-house of Rayerbazar. They were the best sons of the nation. And, there was the symbol of inhumanity of the Rajakars and Al-Badars. Subsequently we asked their relatives about that inhumanity. They replied, the Al-Badar took them bending their eyes.

I couldn’t be normal listening and hearing those miseries, those cruelties. Then I went to action at Mirpur. I saw dead bodies fallen scattered in the field of Bangla College.

Justice: was this incident of 17 December, 1971?

Witness: Yes.

Then I went to my home. There was a lake beside our home. I saw dead bodies all through the lake and stink spread from those dead bodies. In my home, there were no doors or windows. All elements were looted.

I can’t finish telling this story of brutality. The continuity of this brutality ran till 1975 when Bangabandhu was killed with his whole family, till the murder of 4 national leaders, till the attack to Sheikh Hasina on 21st August. I expect the exemplary punishment of the concerned assailants.

[At the moment of telling these, the witness cried for a while.]

Prosecutor: Could you identify Quader Mollah if he were in the dock?

Witness: (seeing to the dock) I am watching nobody there! Off course I could identify.

After that, the Defense Counsels prayed for 2 days to prepare for cross examination. The Tribunal, prosecutors and witness himself wanted to continue the issue today. The Tribunal was adjourned till 3.00 pm.

9 Jul 2012: Chowdhury 6th witness testimony

Tribunal 1
The tribunal started with the examination of a witness, Nirmal Chandra Sharma, Advocate, who was giving evidence against Salauddin Quader Chowdhury. This hearing follows on from 2 July hearing.

Justice Nizamul Huq: Mr. Malum, we have already decided that- we will go for the time management. This will be applicable for both the sides. Today you will get a bit more time because, the regular stenographer is on leave and a new stenographer will work on behalf of her. So, he will be in need of time to get accustomed with the system of this recording.

The prosecutor, Zead-al-Malum then started the questioning

Prosecution: Please introduce yourself.

Witness: My name is Advocate Nirmal Sharma. My father’s name is Late Joyonto Kumar Sharma. I am almost 67 years old.

Prosecution: How old were you during the liberation war?

Witness: Then I was 25 years old.

Prosecution: What is your educational qualification?

Witness: M.S.S and LL.B.

Prosecution: What is your address?

Witness: Moddho Gohira, Police Station- Raujan, District- Chittagong.

Prosecution: What is your profession?

Witness: Right now I am serving as an Advocate at the Chittagong District Court.

Prosecution: State the horrific incidents of liberation war, as you have witnessed.

Witness: There was a resistant center of the liberation craving people to resist the Pakistan Army, which was situated at the north side of the Hat-hajari Thana Dighi- located under the Hat-Hajari Police Station, Rangamati Road- which is running towards the Chittagong District. On 12th April, 1971 the Pakistan Army has passed the resistant center and reached the Hat-Hajari Bus Station. After getting the news we became very much puzzled. After the Hat-Hajari Bus Station no resistant center was being formed. We passed the 12th April, 1971 with a great anxiety. On that night we were unable to decide where we would go for shelter. On the next morning mother said to us- “We don’t know where we should go, but take some rice before leaving the house.” At that time me, my brother Shunil Sharma, Nephew- Dulal Sharma, Father- Joyonto Sharma were taking preparation to have some meal before leaving the house. Right at that moment we have heard an announcement from the Mosque of Hanif Khondokar, which was situated at the north side of the Rangamati Road. The announcement was like this- “Don’t leave your house. Peace Committee has been already formed. If you leave your house, in that case your house will be looted. Don’t leave your house. You will not fall in trouble.”

After hearing this announcement we got some relief. In the mean time my elder uncle Jotilal Sharma who has left towards Hat-Hajari with family has returned home after listening the announcement. After that we all have started taking meal and my mother was serving the foods for us. At the last stage of our meal, we have watched that Salahuddin Quader Chowdhury along with the armed forces have arrived at our doorstep. Among those armed group one has confirmed that “No worries, we will not kill you. Step out from the room.” When I have just stepped down from my room, they have shouted at me- “Hands Up”. I have raised my hands. Three soldiers had come forward to me. Among those, two were coming forward by triggering their guns. Then I thought that if I try to start resisting, in that case they will kill all of our family members and will burn our house. On that time my mother, fathers, brother, uncle, nephew all were crying loudly. But I was standing there with my hands up and without crying. I was thinking, better I will die but they will live. At that time two soldiers started coming forward and after getting them close all of my present family members started crying loudly by holding the mens legs. Among them one has shouted in their language by saying- “Shut your mouth. Go to your room.” Then we have entered our room. After 4 or 5 minutes Salahuddin Quader Chowdhury and other soldiers have started taking away my uncle Makhonlal Sharma to the yard. At that time me and other family members went out from the room to the front side and started crying. At that time me, my brother- Sunil Sharma, my uncle- Jotilal Sharma, younger uncle- Makhonlal Sharma circles Salahuddin Quader Chowdhury and other soldiers and broke out in crying, some of us have hold their legs. They have instructed us to stand in a line. We were not moving for making a line at first, afterwards when we apprehend that there would be great damage if we won’t follow the instructions. Then we have started standing on line. Then Salahuddin Quader Chowdhury and other soldiers have gone back from 15 hands step from us and instructed us to sit down. They were standing by facing at the east side. They have started taking the preparation of Brushfiring at us by slightly moving at the south-western angle. Just before they started brushfire I fell down, they have brush-fired for two times. I was lying there numbly, because if I would stand up they might shoot me. When everything became silent I have heard a sound someone moaning. Then I rose up and saw that- Salahuddin Quader Chowdhury and other soldiers were moving towards the eastern side. Then I saw--- [He was broken out in tears and was unable to talk. A Prosecutor went forward with a bottle of water and he took a sip of water but was totally unable to control himself from crying. The Justice told him please take the seat for few time. Then he started.]

Then I saw a bullet has pierced the left side of my mother’s stomach and all the intestines have come out. [Crying] She has lost her soul already. Then I saw my nephew whose abdomen has been pierced by bullet and was lying dead. My younger brother Sunil Sharma and elder Uncle Jotilal Sharma were lying there with no soul in the body. My younger Uncle Makhonlal Sharma was having a heavy injury on his head by bullet after sometimes he died. [Crying out helplessly.]

Justice Nizamul Huq: You can take the seat and console yourself.

Witness: My father was a healthy man. His left hand was heavy injured by bullets. He got injured in his left thigh by the bullets and his bone got broken. After listening the sound of bullets and fire, my other brother who was out of the house at the time of incident came home and became by watching this massacre. In this circumstance me and my brother fled away from the place and crossed the Halda River and reached the Gorduara village under Hathajari Police Station and stayed there for the whole day. At the onset of the evening we returned home and observed that except my Father and Uncle Makhonlal all the family members were lying dead. My father was asking for water in a very low voice and was instructing us leave the place. We have served a pot of water to our father and left the house. Then we sat on the high land of the right side of our house and I was thinking whether I am in a bad dream or is it a reality. At 8:30 to 9:00 P.M. we were trying to cross the Rangamati Road to go towards the North side. A lot of transports were moving over the road on that time, we thought we might be caught up; it is not an easy way to cross the road.

There was a house at the north side of our house; the owner of the house was Mr. Ali Chowdhury. We have observed that a slight beam of light is coming from their holes of the fence of the house. By following the light we went towards the front side of the house. By listening to our call, the residents have taken us inside. They were taking preparation for sleeping. They have let us lie on their bed. But we all were unable to sleep in the night. The residents were just thinking, how they could let us leave the place safely. There was a man named Daru Mia, we used to call him Daru Uncle. He has woken us up from sleeping; he has stated that if you stay more long here, in that case both of you and us would fall in trouble. Then he has put two caps over the head of me and my brother and wore another cap over his head. And stated that you might fall in trouble at the road, it is the time of prayer (Namaz), if someone asks you about your destination then just answer we are going for the Fazar prayer and then he made us learn a Kolema [It is the first part of the Islamic Declaration of faith] - “La Ilaha Illallahu Muhammadur Rasul Allah.”

Here after recording the Kolema, justice added a line that- for the trouble in the type machine it has not been written up in a proper way. Afterward Mr. Ahsanul Huq stood up by saying, I have an objection my Lord, the witness can’t utter this Kolema. The sentence has not been stated in his statement before the Investigator. The Justice said this is a mere utterance of the witness, so I have added it. Then the accused Salahuddin Quader Chowdhury said from the dock that if the Kolema came out from the mouth of a Muslim it won’t be a matter, but it is piercing my ears to hear it from a non- Muslim. Justice replied- you have an objection about this line it will be added in the record. Mr. Zeyad Al Malum stood up saying- we also have an objection about the defence’s contention; the witness has said it, so there should not be any word afterward. If you write the objection of the defence in the record, in that case you have to put the note of our objection in the record also. Then the Justice instructed the stenographer to note down the matter that- the defence has an objection.

The witness afterward stated that My Lord, I would like to say- we uttered the Kolema to save our life. Justice replied- okay proceed on.

Witness: Afterwards Daru Uncle has taken us to a narrow road beside a mosque and made us cross the Rangamati road. That was time of Morning Prayer. By crossing the road he has taken us for almost half kilometer away. And then with tearful eyes he has said- “Go away. I will go to my house.” Then he has taken the caps from our heads and left towards his house. We have started walking towards India. In the meantime we took our lunch at one of our relatives’ home. Everyone was stating that they might fall into trouble if they would provide us shelter. After walking for two days we reached at Ramgor. On the next day, after crossing the border from Ramgor and crossing the river we have reached at Sabrum. The people who have gone to India from Bangladesh were being given a Pass, after receiving a pass from there we have took shelter in a school. After that we went to Agortola from Sabrum. At Agortola we were at the shelter of my friend. After finding out about the Refugee camp, we went there for shelter. We have stayed there for 20-25 days; from there I have taken part in Liberation war. I was assigned at the Sector-1. After the liberation we have returned to our home. After reaching home we have heard from Uncle Sadhon that- one of our well wishers Mr. Kaji Forid has buried my deceased family members at the east side of the pond Shilpara “Boro Pukur” of Moddho Gohira village. Mr. Kaji Farid with the assistance of others had buried the deceased, other than that- dogs or other animals might have eaten those bodies.

Ahsanul Huq has raised an objection about the possibilities of the deceased to be eaten up by dogs or other animals. He has stated that the possibilities of a fact should not go to evidence.

Zead Al Malum replied whether the counsel is supposed to confuse the witness like that.

Judge answered, 'no it will go'. And then he has directed the stenographer to type the line.

Witness: In every religion it is a custom to arrange a funeral; but it is my deepest sorrow that we could not arrange a funeral for our dearest family members.

Prosecution: What happened to your injured father?

Witness: Afterward my father became lame and he was living with this crippled condition for next 5/6 years. Then he died.

Prosecution: Whether the Investigation Officer has interrogated you?

Witness: Yes.

Prosecution: How could you know Salahuddin Quader Chowdhury?

Witness: He is a known face for everyone of this country.

My Lord I would pray for the appropriate punishment of all the people who were involved with this horrific incident.

Justice Nizamul Huq: Okay the Court will sit after the lunch recess. Thank you.

1 July 2011: Azam trial witness 1

Tribunal One

Justice AKM Zaheer Ahmed was absent from this hearing

Misc matters
Tajul Islam: My Lord, I would like to mention three matters. These are follows-
1) The defence has produced the relevant defence documents in the case of Gholam Azam.
2) About the case of Mr. Motiur Rahman Nizami we are praying for submitting another Vokalotnama.
3) And three applications about the case of Mr. Sayedee have been submitted. Then he has handed over the petitions and documents.

Azam first witness
The Examination in Chief of Muntassir Mamum, the first witness against Golam Azam was conducted by Zead al Malum [The indictment order can be found here, and the order following application for review of the order can be found here]

Prosecutor: Please introduce yourself.

Witness: My name is Muntassir Uddin Khan Mamun; shortly named as Muntassir Mamun, aged-65. Right now I’m the Professor of the faculty of History of the University of Dhaka. I have passed SSC from the Chittagong Bondor High School on 1966 and I have passed HSC from the Chittagong College on 1968. Afterwards I got my Honors and Masters Degrees from the faculty of History from the University of Dhaka. I have got myself admitted on the Faculty of History on 1968. Because of the Liberation War our Masters examination was held at 1974 though the year of issuing the certificate of passing the same was on 1972. On 1974 I have joined at the faculty of History of the University of Dhaka as a Lecturer. As far as I can remember I have got the PhD degree on 1983. The topic of my research and writing mostly consists of the issues of East Bengal (presently known as Bangladesh) and the society, culture, politics, capitalism and liberation war.

Prosecutor: Have you received any kinds of awards for your excellence?

Witness: I have received the Presidential award as a best teen Writer on 1963. As far as I can remember on 1993 I have received Bangla Academy Award for my excellence on the Bangla Literature. I have received the Ekushey Award on 2010. And I have received Markentile Bank Award for my excellence on the research for Liberation. There are some other accolade which I don’t want to mention for more.

Zeyad Al Malum: During the timeframe of 1968 to 1972 you were the student of Dhaka University and observed the liberation war movement there.

Witness: 1968 to 1971 is one of the most valuable and crucial moments for the people of Bangladesh. We, who were then the student of Dhaka University were somehow in any way were involved with the activities. The Agortola Case has made us furious at that time. This anger and hatred has led us to participate in the 1969 people’s movement. We know the history afterwards, so I will not go for the details. But we got to understand after the general election of 1970 that, our long cherished demands are going to be fulfilled. But after 1st March, 1971 we assumed that we might be debased this time. Almost all the people of our generation were very much annoyed about these types of activities of the Pakistan Government. On March, 1971 I have stayed at Dhaka.

Prosecutor: Please mention about the March, 1971.

Witness: Still I got so depressed by remembering the events of March, 1971. It is so tough for anyone of our age to describe the pitiful moments of that time. Since 25th March, 1971 to 29th March, 1971 I have stayed at Pollobi, Mirpur. By hearing the sound s of bullets and fire on 25th March, 1971 we became anxious. Pollobi was the calm and quiet place at that time and mostly the population of Mirpur consists of non Bengali people. Anyway, we went to the rooftop to watch what is happening actually. We were hearing the sounds of bullets and watching the sparks of fires from the distance. After some time we have watched that the Pakistan Army is coming from the front road. Before sometime Mr. Ahmed Sofa has called us to let us know that the Pakistan Army has started moving and firing. On the next day we have heard from the Radio Akash bani in their language that war has already started in East Pakistan. After that we have heard the song ‘Amar Sonar Bangla Ami Tomai Valobashi’ repeatedly from the same station. We got to understand that the Pakistan Army would like to destroy us fully by using their guns. Till 29th March, 1971 the Pakistan Army has looted and killed several people from almost every houses of Mirpur with the assistance of the non- Bengalis. Our family got saved by the cooperation of some non-Bengalis. On 29th March I reached Dhaka from Mirpur. After reaching Dhaka I have started searching for some of my friends who were residing at the Dhaka University area and the Old Dhaka area; then I have watched how brutal acts the Pakistan Army has done on those areas. It becomes very easy to understand that people become so anxious, because they were leaving Dhaka with great anxiety. It is a small report about the situation of Dhaka in March, 1971. As far as I can remember that- I was there in Dhaka till October, 1971.

Zeyad Al Malum: Mention the names of the Papers which were in their circulation on that time.

Witness: Daily Observer, Daily Pakistan, Daily Sangram, Purbodesh etc.

Zeyad Al Malum: Mention about the contents of the newspapers which were involving the news of liberation war.

Witness: I can say about the newspapers that no newspaper was authorized to publish any news without the approval of the then Government. We were reading and observing the newspapers only because of knowing what the Government and the relevant people are thinking, doing and planning. Another reason to read the Newspapers was to get ourselves known what the ‘evil doers’ [according to the term of Government and the politicians] are doing actually. Because the freedom fighters were known as ‘evil doers’ in their terms. And to get the news we were dependent upon the news of BBC, Radio Australia, Akashbani and Shadhin Bangla Betar Kendro.

Zeyad Al Malum: You have mentioned something about the politicians- say about them.

Witness: After the March, 1971, the political parties which have assisted the Pakistan Government were consisting of Jamaat-e-Islami, several parts of Muslim League, PDP and several other parts of some parties. But the Jamaat-e-Islami and the Muslim League was taking the main role as the main political parties. After 25th March the parties have assisted Pakistan Government and the then Military dictator. Their first step was to meet General Tikka Khan and they have met at the first week of April when the Pakistan Army was involved with the brutal killing, looting, arson, rape at the distant parts of Bangla. Among the political leaders famous were the names of Mr. Nurul Amin and Mr. Gholam Azam. We have observed the Peace Committee was formed in April by their advice and supports. Though the peace committee was divided afterwards, but Mr. Khaja Khoyeruddin has cooperated the Peace Committee, which was being leaded by Gholam Azam. We have watched the Peace Committee has been from the grassroots to central level. After that the Razakar, Al-Badr, Al-Shams committee have been formed off. It is mentionable that- the Jamaat-e-Islami was taking the leading parts in these committees. If one turns the pages of the newspapers of that time- it will be found that- the speeches of Gholam Azam is getting more attention there. The Razakar Committee has been formed by the Jamaat leaders. After that the Pakistan Government has made a legal structure. The Jamaat leaders were also in the leadership of Al-Badar. As the Jamaat-e-Islami was the large political group which was assisting the Pakistan Government, so it has spread its leadership among the above mentioned groups and committees and its workers were involved in these groups. And the other groups as I have mentioned earlier has joined the Peace Committee and Razakar Committee. The leaders of these groups have always inspired their workers by delivering instigating speeches. I have already mentioned that- Mr. Gholam Azam has taken the main role among the political leaders for assisting the Pakistan Military Dictator. When I remember the brutal activities of Razakar, Al-Badar, Al-Shams suddenly I can’t but tremble. It seems to us that if the associates of Pakistan Armies were not there, in that case there might be some reduction of destructions and we might have got the victory before so long.

Tajul Islam: My Lord, the petitioner is feeling sick. So, we would like to pray for the permission to continue the examination in chief in his absence.

Zeyad Al Malum: My Lord, I think the examination in chief must be done before the petitioner.

Justice Nizamul Huq: The counsel for the accused petitioner might represent him. So, we allow him to take away from this room. And give tomorrows date on the custody warrant.

[Then the accused petitioner has been taken away from the Court Room]

Zeyad Al Malum: Mention about the books which have been written by you.

Witness: I have written some books on the liberation war. In fact I have mainly researched on the opposite party against the liberation war movement. Another topic of my research was about the mind setup of the Associates of the Pakistan Armies. I could not understand- how could the people from the same region and religion can attack the people of the same origin just because of associating a party. Among my books noteworthy are as follows- ‘Razakarer Mon (Two Parts)’, ‘Pakistani General der Mon’, ‘Shei shob Pakistani’, ‘Shanti Committee’, etc. And I have edited the Muktijuddho Kosh [in 5 volumes], Muktijuddher Chinno Dolil Potro, 13 Number Sector etc. I can’t mention the exact number of my books, but it might be around 225 in number.

Zeyad Al Malum: Mention about the brutal activities of these groups.

Witness: We- who were there in the country on that time we have observed the brutal activities of the Razakar, Al-Badar, Al-Shams, Peace Committee and going to work for research we gathered more knowledge about the activities. The main aims of these committees were to be associated with the main Power of the Government, to collect assets by looting and to obstruct people by raping and killing. If we think about the Peace Committee we will find that- it was spread towards the grass root level. The Peace Committee has shown the pathways to the Pakistan Armies thus taken them to several places, have assisted the Pakistan Army to rape the women of these area, have assisted them in looting- especially these have been done against the worker of Awami League and the Hindu Communities. The leaders of Peace Committee have inspired, instigated and provoked them- among them Golam Azam was one of the leading players- the example of his involvement is being apparent from the several reports of newspapers. If we start comparative discussion in that case we will also find that- the speeches of Gholam Azam has been discussed of mostly. His speeches were mostly consisted of several types of words as follows- 1) to destroy the freedom fighters. 2) To assist the Pakistan supporters and associates. 3) To supply the associates with armors if needed. By inspiring them in public, in fact he has cooperated them in killing, looting, raping and destructions. They don’t hold the responsibilities for these types of activities.

If we come to Razakar Committee- then we could see, at first it has been started with Jamaat workers afterwards the Pakistan Government has taken them under a legal framework. They have also associated with the Pakistan Army to find out the pathways to go to the distant places of this country, have assisted to find out the freedom fighters, also assisted on looting-killing-arson-rape-destruction and so on. They have directed the activities on their own motion. The aim was alike the previous- to be associated with the main power, to destroy the people who are the believers of Bangali nationality and freedom fighters. If we turn over the pages of the reports of that time- especially the reports about the raped women, then we will certainly be astonished that how a human being could can do so brutal activities. Some books have been published on the matter about the matters; you will find the brutal description there; it is hard to describe. Mr. Golam Azam was on the leading role among those political leaders for committing those above brutal activities by giving inspiring and provocative speeches and thus assisting the perpetrators. The then newspapers are the perfect example of his involvements. The role of AL-Badar was very specific, the Peace Committee and the Razakars have directed the brutal genocide, looting and rape. But the Al-badar was mainly involved in killing the intellectuals. The main reason was to make a big hollow among the believers of Liberation war. The Al-Badar Committee was mainly formed of the Jamaat workers and Motiur Rahman Nizami was the Chief of the team. So, one thing is apparent that- those who have associated the Pakistan Army was consisted of both the persons and groups. They are liable directly and indirectly for the above activities; because in a word it could be said that they have got the license to kill. I am saying so because the groups and persons have been inspired by the political leaders’ provocative speeches and they have been assured that for these activities they will not be punished, because no one have been even seen to be punished. So the people who have inspired and took part- all of them are culpable for the brutal activities.

Zeyad Al Malum: Please mention about the killing at the University of Dhaka.

Witness: When I have mentioned about the Al-Badar, I have already told that they were especially involved with killing the intellectuals and professionals. As the University of Dhaka was the centre of movements for democracy and liberation, so the students and faculties of the University were being targeted by the Pakistan Army and their associates. And especially the following political parties possessed a special hatred towards the students and faculties. Even General Rao Forman Ali has mentioned it to me in an interview. Pakistan Army has killed many of my teachers. The killings have been started on 25th March, 1971 and afterwards the Al-Badar has continued killing the teachers who were somehow involved with freedom fights. I can remember here the name of my teacher Giyasuddin Ahmed today. Almost all the workers of Al-Badar consisted of the members of Chatro Shibir [a student wing]. I have not even found in any history that- students could kill their teachers. For almost 4 decades I am involved with teaching. There are so many students of mine- who are believers of several political groups, but they have not disgraced me any day. And I have also treated them equally irrespective of their political groups.

So that- I have said how merciless the people could be, so that by presenting the false words they could take the teachers to the cars thus kill them. It is so difficult to find similar brutal incidents in the history.

Justice Nizamul Huq: Okay the Court is adjourned till 2 P.M. After lunch, the  examination in chief continued.

Witness: At this moment I want to mention a book, the name of the book is “Jokhon Kritodash” (When slave) written by register of the Rajshahi University whose name may be Nazimuddin. From the name of the book it is very clear to understand the condition of the Bengali people during the Liberation war.  

That means the people who want independence were considered as slave. They were forced to be a slave. Killing, abduction, torture, loot, and arson everything was related to this. For that reason Bengali people has no opinion to express and they were not able to work according to their own will.  

I want to refer a document of General Niazi which has been mentioned in my book “Muktijuddhe Sinno Dalil Patro” In his document it was clearly mentioned that they wanted to convert Bengali people as minority group. Their target was to abolish all groups other than Muslim people. And for that reason they worked systematically. This proof has been found from the killing of innocent people by the Pakistan army and their associated (Razakaar, Albadr, Alshams) groups and also be found from the people who left for India to secure themselves.  

It is impossible to think how many people were killed and how many people were tortured. It has been said that 3 lac people were killed basically from my research; it is my idea that number of death people is more than that. In most of the cases where there is a bridge over the river, in that case people after killing were thrown into the river from the bridge.
For an example, I can refer an incident of a village, this village situated under Uzirpur in Barisal District. People of that village used to cultivate Battle leaf. Pakistan Army went to that village and committed genocide according to the direction of auxiliary forces.
Just I want to explain the way of committing genocide at the root level during 1971. Even there was no mass-grave of that death people also. People were forced to leave the country so that they took the whole property of those people.  

I have added some documents with this book. From that document it has been seen that house of the people who were refugee and were killed had been given to the member of the Peace Committee. Basically not only by the Pakistan Army but also by their auxiliary forces “that means “political party” were also the responsible for this heinous activity and these forces were formed by the planning of that political party.  

Jamaat-i-islam was one of those political parties, so Jamaat-i-islam basically ameer of Jamaat-i-islam Ghulam Azam is responsible for these heinous activities. Since it was seen that Ghulam Azam met with Tikka khan at the month of April for two times. After that he met with President Yahya.  

He supported again and again to those people who were against the independence of Bangladesh and supported genocide. In various newspapers his statement was published again and again then.  

Most importantly I want to say about the rape of young girls. From the analysis of different documents and from other materials it has been seen that most of the girls who were raped were the 13 to 20 years old. Pakistan militia went to different villages according to their wish and then raped women by surrounding that house by the Pakistan army. From different analysis it has been seen that Razakaar forces helped the Pakistan army to identify the houses. Thus the way women were abducted and raped at least 4 or 5 times per day. We say that number of the tortured and raped women are 4 lach basically they are more that that.  

We cannot deny never forget that basically these Bengali people assisted Pakistan Army to commit these heinous activities. It was really very unfortunate for a nation.
In fact, they did these heinous activities for creating slave among the Bengali People.
How many people died in refugee camp we did not mention it. In fact, these should be considered as genocide also.  

After the Libaration war also Professor Ghulam Azam formed East Pakistan Restoration committee. All over the world there is no ideology of killing, rape, arson, loot, persecution etc. These activities never fall within the Political activities.  

Mr. Md. Azraf writes that “nowhere over the world there is killing of people by the name of Allah and the Quran”  

I never saw, never heard like an incident all over the world. All of my documents are relates to Liberation War and everywhere I want trial of war criminal.  

Every question will have the same answer that the incident was occurred during the 1971. Everything will be repetition whatever I say.  

Zead-al-malum: Today Ghulam Azam is present here?  

Witness : Yes 

Zead-al-Malum: My lord in case of reading out formal there was very much urgency of presence Mr. Ghulam Azam but now when PW 1 is going on he is not present at the afternoon session, why?

Justice Nizam: We have allowed it; if you are prejudiced you can file an application.

20 Jun 2012: Chowdhury fifth witness testimony

In the afternoon, after the Sayedee cross examination, the exmination in chief of Praphulla Chandra Sinha, the fifth witness in the trial of Salauddin Quader Chowdhury, took place conducted by the prosecutor Zead Al Malum. (This carries on from the cross examination of the 4th witness)

Prosecutor: What is your name?

Witness: My name is Praphulla Chandra Sinha.

Prosecutor: How old you are?

Witness: I am 72 years old.

Prosecutor: How many sisters and brothers of you have?

Witness: We are three brothers and 1 sister.

Prosecutor: When was your father killed?

Witness: On 13th 1971.

Prosecutor: Please tell something about yours father?

Witness: My father was in Burma. During the Second World War he came to the Chittagong. From 1942 he was living in Chittagong then he set up a factory of medicine and soap in 1947, after the separation of India and Pakistan passport system has been introduced in 1952 then he started to live Chittagong permanently. Then he established Kundeswary Girls School and Kundeswary Girls College. Besides these he donated to many Mosques, temple, college, school etc.

Prosecutor: Do you know anything about the general election of 1970?

Witness: After the 6 point movement of Bangabandhu Sheikh Majibar Rahman excitement among the people of East Pakistan was raised. Bangabandhu Sheikh Majibar came to our house and met with my father because in every election people who were in minority group were never allowed to go to the voting centre.

Fazlul Quder Chowdhury was elected as leader and he said to the minority people that ‘I know you will vote for me so it is unnecessary for you to come to the vote centre’ and those people who went to the voting centre could be tortured by them. Thus in this the way minority people were tortured. At that time goons of Muslim league committed looting, arson. That was the reason Sheikh Majibar Rahman came to our house to condole to the minority people. When Bangabandhu Sheikh Majibar Rahman came to our house he said to my father that ‘uncle I am going to do a big task, pray for me.’ My father replied ‘people who are to the path of true and justice always get the favour of God’.

During 1970’s election Fazlul Qudaer Chowdhury came to our house the night before that election and said to my father that ‘uncle may be I am going to be defeated to this young boy’ then my father replied that ‘it is not a problem at all, you may lose the election but your land-property will never lost.’ Then again Fazlul Quder Chowdhury said ‘Natun babu actually you are a man of simple character that is the reason you cannot understand my problem’ then Fazlul Quader Chowdhury left of house but he again came to our house at 11pm on that day and said the same thing. And then he again came to our house at 12pm and that time my father said ‘Mr. Chowdhury are you going mad?’ That was the last conversation between my father and him.

In that election Fazlul Quder Chowdhury was defeated by the professor M.A khalek and Dr. Alam was defeated near to the Abdullah-al-harun.

After that time, in Rawjaan, arson, killing, looting and many others crimes started.

Then Bangabandhu Sheikh Majibur Rahman sought a non-cooperation movement and on 25th march Sheikh Majibur Rahman declared independence and we heard it on 26th March. We heard that excitement was raised on that night because of the killing of Bengali people in Razaarbagh Police line and Chittagong Cantonment area. Many Bengali Army officers took shelter at the Chittagong University.

Then ‘Chittagong Student Association’ was formed under the leadership of Dr. Mallik and Dr. Anissuzaman. After two days later, on 29th March information has been sent to our house that Dr. Anisuzzaman and others want to take shelter at our Kundeswary School as the University was not safe for them. Then most probably 27 families and 47 and 50 persons took shelter at our house.

Abdullah-al-harun Chowdhry, Abu Jafar, M.A Hannan used to come at Kundeswary to decide how to continue the fight.

In the mean time, it might be on the 29th or 30th March, M.R Siddque, Zahurul Amen Chowdhury, Ataur Rahman, Abdullah-al-Harun came to our house because they went to leave our school and decided to go in India. Since the situation of the Chittagong city was very exciting then. That time my brother Chitto Ranjon came to our house along with his friend Kallan Bashu from Calcutta who was the journalist of Jugantar newspaper.

My brother and journalist Kallan Bashu had a good relation with the chief minister Sachin Singh of Agortola.

After knowing this M.R Siddiq, Zahurul Amen Chowdhury, Ataur Rahman Kawser, Abdullah al harun decided that they will go Agartola and inform him about the situation and seek assistance from him. Then they went to India. And teachers of the Chittagong University had been staying at our house till 9th June and when our house was not also safe for them they left our house and went to India. Then we helped the teachers of Chittagong University to go in India.

On 11th April Abdullah Al Harun came to our house and said to me that ‘you also leave the house otherwise you will also be killed’.

After that me, my wife and sons, my elder brother, his wife and sons, my sisters and his children left the house and started our journey by a Jeep for India. That time condition of road was very exhausting and it tookwhole night to reach at India through Ramghar. Then after keeping my family at Sub room, I came to Ramghar and issue border pass of Bangladesh Government. At that time some refugee said to me that ‘do you know what has happened to your house?’ some said that my father was killed, some said he was arrested. Then on 4pm a person named Jatish Dhar said to me that ‘your father was killed’. Then from our chairman I have heard the description of the incident. Then I have heard the full incident from Brajahari Karmakar and Gopal Das, Gorang Das. When Pakistan Army had come to our house Gowrang, Himangshu, Monoranjon Singh, Brajahari Karmoker try to save my father but he did not go out with them. Then among them 3 persons went towards the jangal and others went towards the pond side.

Brajahori said that he had seen that they want money and gold from my father and my father gave them money and gold. After that they went away and returned within 15 or 20 minutes. Then they (Pakistan army) stretched out my farther from the temple and in front of the temple he was fired upon. In the mean time Sallah Uddin Quder Chowdhury also fired upon my father by his pistol and his dead was left in front of the temple.

Then my elder brother Sotto Ranjan singh filed a case on 4. 01. 72.

Prosecutor: What is present condition of the case?

Witness: When charge sheet has been given to this case then Fazlul Quder Chowdhury was in jail. Then this case has been transferred to the Dhaka, later what was happened I do not know.

Prosecutor: When did I.O go to your house?

Witness: Investigation officer came to our house in 2011 and 2012 and he seized many documents and papers. I have also signed there.

Prosecutor: How many papers have been collected by the investigation officer?

Witness: He has seized 19 papers cutting and one book. Name of the book is ‘Smriti Dip’ of Natun Chandra Singh. This is the seizure where I have signed. I.O has sized these documents as seizure list documents and gives a copy of this document to me and I have signed upon documents and these are exhibited as exhibited no. 1 and my signature is exhibited on 1/1, 1/2, 1/3. (with defence objection).

4 June 2012: Chowdhury 4th witness Singha

The case of Salauddin Quader Chowdhury was the first item in the list.

Ahsanul Haque, the Defence Counsel told the the tribunal that the defense doesn’t have the legible copies of some papers, and they have issued a letter about that, but as the cross examination of Siru Bangali is continuing he asks whether the opening of a new witness's examination should be delayed.

Justice Nizamul Huq: Your prayer is rejected. The Chief and Cross examination of the new witness will continue.

Ahsanul Haque: In that case we have a prayer; the Chief Examination might take place today, but we would not like to start Cross examination today, as we’re not prepared for that all in a sudden.

Justice Nizamul Huq: Let us fix that later on.

Zead Al Malum then began the examination in chief of the witness, Gourango Singha, the forth witness  (The previous hearing in the tribal involved the cross examination of the third witness which is not yet concluded)

Prosecutor: What is you name?

Witness: My name is Gourango Singha, aged 73 years, by profession, a peasant.

Prosecution: How old were you in 1971.

Witness: I was about 32 to 33 years old on that time.

Prosecution: Where did you reside in 1971?

Witness: Then I was at my house. My house is situated in Kundeshwari; village, Gohira under Rawjan Police Station of Chittagong district.

Prosecution: Who was living with you at your house?

Witness: We were a joint family. My father Darika Mohon Singha, My Paternal Uncle- Nilambar Singha and Notun Chandra Singha were living with all of the family members at 1971. I was assigned to work with my uncle Notun Chandra and looking after the household affairs.

Prosecution: Mention the names of the organizations owned by Notun Chandra Singha.

Witness: Kundeshwari Medicine Centre (Kundeshwari Oushodhaloy), a girls’ primary school, girls’ college and agricultural farms.

Prosecution: Did he do anything else other than getting involved with these organizations?

Witness: Yes he was involved with social works.

Prosecution: At the time of liberation war; where did you reside?

Witness: I was then at our house. On 30th Choitro [date of Bangla month], we were 6 in our house. My uncle Notun Chandra was also there. For his safety we have once planned to shift him from the house. I can’t say what would be the English date on 30th Choitro. When I was talking with my uncle, suddenly we have observed a Military transport is coming forward to our house, it was about 9 A.M. After the transport stopped at our house Mr. Salahuddin Quader Chowdhury, some Bangali companions along with Panjabi military got out from the transport. Among the Bangali companions I can recognize one named, Mahabub.

Prosecution: What did you do then?

Witness: Then me along with Monoronjon Singha, Himangshu Boiddo fled towards the bush at the southern side of the house. Other two Brojhori Kormokar and Gopal Das started moving to the upstairs of the Building.

Prosecution: Then

Witness: Mr. Salahuddin Quader Chowdhury, some Bangali companions along with Panjabi military had a conversation with my uncle. When sitting at the bush we get to know by the sound of the transport tha the outsiders have left. But just within 10 minutes, by hearing the sound of the transport, again we get to understand that the team had returned.

Prosecution: Then.

Witness: Then, maybe it was the shots from Sten-gun, we have heard the sound of sten gun. Then we have realized that it would not be safe to stay at the place, so we have moved forward to the south part of the house. There was a Muslim house at the eastern part of our house. We took asylum on that house, and sent our reliable Mr. Ahmed Boshor to find out about the condition of our house. He had returned with the news that my uncle was no more; his soulless body was lain in front of the premises of the Mondir with blood. Then we covered him bringing out a tarpaulin from the Mondir. Afterwards we have left the place. Monoronjon Singha, Himangshu Boiddo, Vaskor Borua and Ahmed Bosor were with me assisting the covering up of the corpse. When covering up the corpse noticed the corpse has been injured with bullet on the left side of its face and the left side of the chest. Afterwards, we have moved towards the south. I went to my father in laws house at Binajuri.

Prosecution: Did you stay at that house?

Witness: No. By following the pathway of Ramgor; I have left towards India the next day.

Prosecution: When have you returned to the country after the liberation?

Witness: We have returned after 8 to 10 days.

Prosecution: Who else returned with you?

Witness: Me, Profullo Chandra Singha and Shotto Ronjon Singha. Other members of the family were still staying there at India, as we were ignorant about the condition of the area.
Prosecution: Who did you meet after the return?

Witness: Mr. Brojhori Kormokar and Gopal Das had come to visit us one day after our return. From Brojhori we came to know that on the very day of the occurrence, he was there at the upstairs of the building with Gopal Das. From there they have watched Mr. Salahuddin Quader Chowdhury, some Bangali companions along with Panjabi military arrived and after some conversation with uncle they have left and after sometimes the team returned and dragged uncle from the Mondir and the Panjabi Military had started BrushFiring and within 2 minutes Salahuddin Quader Chowdhury had shot my uncle. From Brojhori Kormokar we also came to know that the corpse was left there for more than 2 or 3 days on the same place. Afterwards the Chairman of our locality, Mr. Amanot Kha has came to our house and called people from the Borua Para and other area to arrange the funeral for my uncle.

Prosecution: Whether any case has been filed for the killing of your uncle, after the liberation war?

Witness: Mr. Shotto Ronjon Singha has filed a case at Rawjan Police Station. I don’t know anything about the update of the case. And no one other than me and Profullo Chandra Singha are alive now.

Prosecution: Whether the Investigation Officer has recorded your statement?

Witness: Yes.

Prosecution: Whether Mr. Salahuddin Quader Cowdhury is present today.

Witness: Yes.

Justice Nizamul Huq: Mr. Ahsanul Haque; just start your cross examination with only one question; you need not have to go forward for other questions for the cross examination today. But we will not allow such types of prayer in future dates.

Defence: There is no other present except the accused Salahuddin Quader Chowdhury in the Accused Box.

Witness: Yes.

Justice Nizamul Huq: This case is adjourned till 6th June, 2012.

27 May 2012: Chowdhury 3rd witness Sirajul day 2

The proceedings started with the defence counsel for Salauddin Quader Chowdhury, Mr Fakhrul Islam stating that in response to the notice served on him on 15th May, 2012 by the tribunal, that he had made his response. He then passed it onto the tribunal. ‘Your Lordships; I beg unconditional apology and mercy of the tribunal. I shall confirm you that in future I will maintain all the dignity of the tribunal,’ he said

The chairman asked Mr. Malum, if he had anything to say regarding this matter, he should serve it on the tribunal, and that he will now fix a date for hearing the matter.

Fakhrul Islam then said, ‘Your Lordships; I have already prayed unconditional apology’.

The chairman stated, ‘Mr. Islam; on that day you have stated- “whatever you have stated. you have stated.” You might think to add some other points which have been missed in your reply submitted to the tribunal. ‘

Justice Nizamul Huq then passed the following order:

Regarding non-compliance of the tribunals’ order, the defence Counsel Mr. Fakhrul Islam has appeared before the tribunal and served a reply and a copy has been served to the prosecution team. 31st May is fixed for hearing of the matter.

Ahsanul Haque, another defence counsel for Salauddin Quader Chowdhury told the judges: ‘Your Lordships, Mr. Salahuddin Quader Chowdhury has expressed his intention to appear before the parliament in this session [as the next session has already been called]. Now your Lordships may allow him to attend the parliamentary session?’

The Chairman told him to go and file an application, and then they we will look into the matter.

The examination in chief of Sirajul Islam Siru Bangali – witness number 3 against Salauddin Quader Chowdhury - undertaken by Zead Al Malum continued from the previous day

Witness: On 26th March, 1971 the news started spreading like the sparks of fire. The freedom craving Bangali community got involved with the resistance movement. From 26th instant I got involved with EPR soldiers in the frontline fighting with the Pakistan Army at Samoik Sadar Doptor of Railway Hill at Port Hill. On 31st March when we assumed that it was not safe to stay at Chittagong anymore I left Chittagong towards my home district at Chittagong- Potia Police Station. On 6th April, 1971 I left towards Potia Sadar. Reaching the place I came to know that to fight back the enemies; the Bengal Regiment, EPR, Police, Ansar, Awami League, Student League and the general people are waiting at two sides of the Kalurghat Bridge with the leadership of Major Mir Shawkat Ali. I became so inspired by watching that I got involved with them. From 9th to 11th April 1971 the Mir Shawkat Team fought a deadly fight with the Pakistan Army. In that battle, the Pakistan army could not retain their strength to fight back back against us properly. On 11th April night when a Fighter ship “PNS JAHANGIR” started shelling at Karnafuli River, we didn’t have any other way to step backwards, so we fled.

On 12 April–morning Mir Shawkat Team left towards Bandarban by the way of Potia. Afterwards 1 company soldiers started moving from Modnaghat to Kaptai. So that the northern and southern zone of Chittagong became open for the entry of Pakistan Army. Then by the assistance of the auxiliary forces- Razakar, Al-Badar, Al-Shams, PDP, Jamate Islami, Nizam-e-Islami etc, they started their destructive activities over several villages one by one.

On 27th April I reached Chittagong City and stayed till 5th May, as the road was not seemed to be safe, so again I move towards my village. To form a resistance fighter group at Waypara village under Rawjan Police Station of Chittagong District, a Corporal of Air force named Captain Karim has invoked me on 21st May, 1971 and I joined the team. For the first dates we concentrated on collecting weaponry. From this initiative we deposited some weaponry in our store. Till 16th June, I’ve taken part in several operations by staying with Captain Karim. By being present here, I’ve gathered knowledge about Convention Muslim League Leader Fazlul Quader Chowdhury and his elder son Salahuddin Quader Chowdhury.

Captain Karim has stated that- in the middle of April Mr. Salahuddin Quader Chowdhury and his companions have abducted Mr. Sheikh Mujaffor Ahmed (Awami League Leader of Chittagong) and his son Sheikh Alamgir and took them to an unknown place. They have been killed and their corpses had been concealed. On 13th April, Salahuddin Quader Chowdhury has killed Mr. Nuton Chandra Singha (who was the founder of Kundeshwari Medicine Centre) with the assistance of Pakistan Army. Consecutively, following this incident, he has operated a destructive movement there at the adjacent villages of village Gohira - which were Sultanpur, Jogotmollapara, Unoshotturpara etc. by the assistance of Pakistan Army. Just because of religious enragement they have operated destructive movements at those Hindu majority populated area.

On that day, the Pakistan Army has burnt out the villages under his direct leadership. They have shot down the people of Hindu community. They have looted and destroyed the area. The pretty young ladies have been handed over to the Pakistan Army as gifts. Children- innocent women- old women—no one escaped from the hand of those troops. Genocide got its spark on immense motion. According to Captain Karim the most heinous act has been committed in village Unoshotturpara - where Salahuddin Quader Chowdhury has shot down 15 to 16 innocent women. This is the most heinous incident which has been observed by Mr. Karim. On that time he was hiding himself behind a pond beside the Kaptai Road. By becoming informed about such types of heinous incidents - I have asked him- what is the ultimate reason of such kinds of hatred of agony of Mr. Fazlul Quader Chowdhury and his elder son Salahuddin Quader Chowdhury towards the minority Hindu community. Mr. Karim has answered the one and only reason is Mr. Fazlul Quader Chowdhury who was defeated in 1970 election against a young Awami League Leader - so they have hatred towards the Hindu community. They have thought the Hindus are the main reason for his defeat in the election; so tha, they have started massive destruction towards Hindu community to win the next election. The agony of Captain Karim has touched me on that day. On that day Karim has directed me to kill Salahuddin Quader Chowdhury and his companion Syed Wahidul Alam of Hathajari- Laliaghat by ambushing.

On 14th June, 1971 I took all preparation within the morning. At 3:30 P.M. with the assistance of my team, I’ve set a trap at a quiet place named-- Jalalabad- Jhorjhoria- Bottoli which was at the north side of Chittagong. I watched the informer boy who had come from Hat’hajari became bewildered. He understood there was something wrong in his information. I have assured him - don’t be puzzled- go and come forward with the exact information, we will certainly destroy our enemy. After two days I came to know—the information of the informer was exactly correct. Though it was fixed about Salahuddin Quader Chowdhury and Syed Wahidul Alam to return from Rawjan- Gohira Centre to Goods Hill within 5 P.M. or 6 P.M.; but somehow on that very day they have returned earlier at 2:30 P.M, so that our mission became frustrated.

Afterwards I understood I needed higher training and latest armory to fight back the Pakistan Army; so I moved towards India. After taking a long and hard training, on 20th October, 1971, I returned to Bangladesh with a Guerilla troop. When we were taking rest at the deep forest of Khagrachori- a freedom fighter member of another team named- Bivutibhushon (from Rawjan- Gohira village) has mentioned about a devastating incident. He has stated that on 12th April a rumor flew on the area of Rawjan- Hat’hajari village that Salahuddin Quader Chowdhury is coming towards the area with the Pakistan Panjab Soldiers, to kill the populace of that area. After hearing this news Bivutibhuson took the decision to leave his area on 13th April, 1971 morning; so between 9 A.M. to 10 A.M. he started towards Juiddarhat under Fotikchori Police Station.

After moving forward for sometimes he has watched military convoy coming towards the Kundeshwari Medicine Centre from the Hat’hajari-Rangamati Road. He got frozen by watching that convoy. He understood he won’t be able to save his life whether he moves backwards or frontward; so suddenly he started climbed up the tree in front of him. He lied on a strong and safe branch of that tree. He has assumed that the convoy will move towards the village; but no it get stopped at the gate of Kundeshwari Medicine Centre. He watched- the Pakistan Soldiers along with Salahuddin Quader Chowdhury enter in the Kundeshwari Complex and move towards Mr. Nuton Chandra Singha; afterwards dragged him from the Mondir [Prayer Hall of Hindu community]. Then Salahuddin Quader Chowdhury has directed the Pakistan Army to kill Mr. Nuton Chandra.

Here the witness said in urdu a conversation he heard between Salahuddin Quader Chowdhury and the Pakistan Army about Mr, Nuton Chandra Singha in which it was alleged by the accused that Mr. Nuton Chandra was involved with the resistance movement of 1971 and with the direction of the accused to kill him.

Afterwards, Salahuddin Quader Chowdhury directed two or three soldiers to kill Mr. Nuton Chandra and took out his own Pistol and shot several rounds and confirmed the death of Mr. Nuton Chandra.

On 27 October; I settled at Ashia village under Potia Police Station with my team. Afterwards it became my duty to find out about the auxiliary forces of Pakistan Army--- Razakar, AL-Badar, Al-Shams, Jamate Islami, PDP etc and to destroy them. On the very beginning we have captured Hazi Abdus Sattar alias Sattar Hazi of South Ashia village of Potia Police Station who was the close admirer of Fazlul Quader Chowdhury. He was the Porter leader of Chaktai area of Chittagong district and at the same time he was the Razakar leader of my area (Potia). After capturing him we got to know that a guerilla group has attacked Mr. Salahuddin Quader Chowdhury in front of the house of Dr. Samiruddin. From this attack the driver was killed and the accused fled away in an injured state.

Prosecutor: Whether the person Salahuddin Quader Chowdhury is present before the Tribunal?

Witness: Yes he is present.

Witness: The news was not believable to me; so Sattar Hazi showed me the report of Daily Azadi of 21st September, 1971. And it was confirmed. Then I set my eyes towards Chittagong District. Other than the Al-Shams team; there was another Islami Student Wing Cadre group—Al-badar. The main torture centre of Al-Badar was based at Hotel Dalim which was situated at the Centre of Chittagong District. The ownership of the Hotel was with a Hindu man. When the Hindu community left the area- frightened by the Pakistan Army, and their auxiliary forces, Muslim League, jamaat-e-Islami, PDP, Nijam-e Islami etc who have captured the Chittagong, at that time the Hotel was captured by the team of Al-badar leader Mir Kashem Ali. At first the Hotel was named as Hotel Mohamaya. Mir Kashem Ali has named it a Muslim name—Hotel Dalim. Md. Lokman was a boy who has been tortured on Hotel Dalim. He is a freedom fighter who has been well trained from India. He was a member of my team. Lokman has requested me to destroy Mir Kashem Ali and M.A. Taher after completing the operation at the village. I gave him my words that I would do so. But he has been killed in a frontline fighting in front of a Madrasa of Potia Police Station. Afterwards, my operation at Hotel Dalim has been delayed. Though I’ve set up spies, but as Mir Kashem has concealed himself from 15th November, 1971 onward; so I was not able to start my operation. Two popular persons who have been tortured in the torture Cell of Mir Kashem Ali were Advocate Shafiqul Alam [Chittagong NAP Leader and President of Chittagong Bar for several times] and Saifuddin Ahmed Khan. They have been moved to the Hotel Dalim by Advocate Yahiya [Al-Badar member] of Mohoddesh’villa road. 

Chairman: Okay Defence Counsel (Ahsasanul Haq) start your Cross Examination with at least one question. You can continue the next part tomorrow.

Defence: Whether “Bangal Keno Juddhe Gelo” book has been written by you?

Witness: Yes I’ve written the book.

The court was adjourned

21 May 2012: Chowdhury 2nd witness Salimullah

After the morning session dealing with the Sayedee trial, the examination-in-chief of the second prosecution witness Md. Salimullah relating to the trial of Salauddin Quader Chowdhury took place, with questioning by Zead-al-malum.

Prosecution: What is your Name? 

Witness:  My name is Md. Salimullah. 

Prosecution: How old you are? 

Witness:  I am 68 years old. 

Prosecution: How long you have studied? 

Witness:  I have completed my graduation. 

Prosecution: What did you do after completing your study? 

Witness:  I used to my family business. We had a printing press which was known as Muslim Press. It was situated in Abhyamitro Road, Firingi Bazar in Chittagong. 

Prosecution: Who used to work in your Printing Press? 

Witness:  Basically Hindu people would work in my Printing Press. There were 5 or 6 Hindu employees in my Press. 

Prosecution: Did they face any problem on their way to work? 

Witness:  Yes, they had been facing harassment by the Pakistan Army, Basically they need to cross the Kalurghat bridge and Pakistan army checked them by opening out their cloth whether they Hindu or Muslim. 

Prosecution: Had you done anything for their security? 

Witness:  I had hired a house of my Hindu friends Runu Babu and Nihar babu for their accommodation. Actually on July, 1971, Runu Babu and Nihar babu went to Shatkania to avoid torture of Pakistan army. 

Prosecution: Would you please tell us what was the condition of your employees? 

Witness:  September 2, 1971 there was curfew at Chittagong from 6pm. In the mean time at 5pm one of my employees came and said that 2 of my employees was tortured at the house of Nihar babu where they used to live by the Hamidul Kabir Chowdhury alias Khoka, he was the commander of Chittagong Alshams force, Wahidul alam, Jafar, Saifuddin son of Fazlul Quder Chowdhury was also with him. They tortured my employees after blaming them for setting the Bihari’s House on fire. Basically Al Shams Force was set up under the leadership of Salahuddin Quader Chowdhury and under the supervision of Fazlul Quader Chowdhury. They used to go Rangunia, Boalkhali, Saatkania, Patia, Raujaan and other areas in a red car which was provided to them by Fazlul Quader Chowdhury. According to the information of the “sources” they abducted those people who were in favour of independence and looted the house of Hindu people. If they saw any beautiful girl, they would abduct them and bring them at the Nihar babu’s house and torture them through out the night. Even they (beautiful girls) were handed over to the Pakistan army, after that they were killed and their dead bodies were thrown into to the Karnafuli River from the Kalurghaat Bridge. Based on information of the “sources” persons who were politically influential had been abducted and detained at the tortured cell of the Fazlul Quader Chowdhury and Salahuddin Quader Chowdhury. Basically they intentionally blamed my employees so that they left the Nihar babu’s House. Hearing that, I came to the Nihar babu’s House and saw they were torturing my employees. I asked them why they tortured my employees. In response they said my employees set the bihari’s house on fire. Then I said that “it is unbelievable, they cannot do so, and how can they do so? They are scared on their own life then how can they do so. Okay, if they do so then hand over them to the Kutawali Thana” But in reply they said to me that we will punish him, then I was told not to argue with them otherwise they will punish me but relief them. Then they if it is needed we will punish you also. Then carrying my two employees in their car they left the place towards the good hills. Then I decided to go to good hills. 

Prosecution: Then what did you do? 

Witness:  When I started to walk toward the goods hill, I saw that a car was coming back from the goods hill. There was another car coming behind this one. Then these two cars were broken down in front of me. In one car there was 15 Sindhi police and from another car Hamidul kabir khoka got down and directed the sindhi police to detain me. Then they forced me into their car and drove me to the good hills along with the 70 year old “Khalifa”. At that time an old “Khalifa” lived at Nihar Babu’s house, he also came with me willingly. When this car was going back towards the good hills then another car was coming from the Jatindra Mohan Sen Hall. Actually my uncle Mr Mukhlesur rahman was in that car and he saw that I was forced into the car. Mr. Mukhlesur Eahman was my mother’s cousin. Then they took me to the corridor of the goods hill, and that time Hamidul kabir chowdhury Khoka and Wahidul Alam said “Sala Malaun ka sarfarsti kartahe. Uska paa upor koro ser niche koro” (he supported hindus, put his legs up and head down). Then I was hung upside down from a pillar in the yard of goods hill. They also beat me up all over my body with the back of their rifles. Then they said “sala ko garage me band karo” (lock them up them inside the garage). They also tortured us in the garage. Actually those garages of the house were used as used as tortured cell. I had also heard groans coming from other two or three adjacent garage. Then in one moment I was groaning for water. I felt extremely thirsty. Then Khalifa was crawling towards door of the garage and brought out a brick and hit it under my head. After that I became unconscious. Then most probably at 12am I got back my sense hearing barking of dogs then I lost my sense again. Then in early morning I became conscious again by hearing the sound of gunshots outside. Apparently, sons of Fazlul Quder Choudhury used to practice by shooting every morning and also would fire on those people from the garage who needed to be killed. 

Defence: My lord, I have an objection upon the word “apparently”. 

Witness: Then I thought that “may be I am going to be murdered” and in one point I remembered nothing but my 4-month young daughter and prayed to Allah to keep her safe. After that I heard that a Sindi Police was reciting from the Holy Quran in a very sad tone. Then he passed me a mug of water while he crossing the garage at time of going Toilet. My life was regained by drinking this water. Then at 8 to 8:30pm the door of the garage was opened by Hamidul kabir chowdhury alias Khoka then he embraced me and apologized to me. My nephew Muhammad Isak and my friend Shafikur Rahman also came with him. Then they told me “let us go.” I said I will not go without that old “Khalifa”. Then they said “you go, he will be released later.” When we were coming back from the good hill we saw Saifuddin Quder Chowdhury was standing besides the stairs then my friend Shafiqur rahman angrily said to him torturing innocent people by forming Al shams would not bring any good results. I have not not get any news about this Khalifa or my two employees yet. I think, they were killed. Name of my two employees are Dewal and sampan. 

Defence: My lord, I have an objection upon the word “I think” 

Witness: In 1971, there were two peace committee, one was run by FQchy and his son SQchy, and another was run by Mahmudun Nabi Chowdhury. Alshams Force which was led by SQchy had committed many crimes that time. On his direction Khoka, Jafar, Wahidul Alam used to go Patia, Raujaan, Rangunia, Boalkhali and abducted independence–seeking people and tortured them at their tortured cell at good hills. Then their dead bodies were thrown into the Karnafuli River. I have given this statement to the I.O Nurul Islam on 12 April, 2011 at Cercuit House Chittagong. And on 3pm - 5:30pm I have identified the garage where I was tortured at Goodhills of FQchy which is now residence of Sallauddin Quader Chowdhury and Saifuddin Quader Chowdhury.There was a wooden staircase which is absent now and there are tin sheds garage which were not there at that time. And later on 13th July, 2011 I have showed the place to the I.O from where I was abducted and the yard of Runu babu and Nihar babu’s house in where my employees were tortured.

At one point witness and defence counsels Ahsanul-haq-hena exchanged heated words. Then Justice Nizamul Haq said, keep the situation under control. 'His not an expert witness that is why certain problems are created'. In reply Mr. hena said “I know him very well, he is quite expert.

Then the court was adjourned.

14 May 2012: Chowdhury 1st witness Anissussaman

The tribunal hearing started with examination in chief by the prosecutor, Zead Al Malum of the first witness, Professor Dr. Anisuzzaman, in the trial of Salauddin Quader Chowdhury. The charges against Chowdhury are set out in the charge framing/indictment order.

Prosecutor: We’d like to produce Professor Dr. Anisuzzaman as our prosecution witness.

Prosecutor: What is your name and age?

Witness: My name is Anisuzzaman, born on- 18th February, 1937 at Kolkata, India and the name of my father is- ATM Muazzem.

Prosecutor: When did you come to the then East Pakistan?

Witness: After the division of two nations at 1947, we came to East Pakistan in October, 1947.

Prosecutor: Where you have completed your education?

Witness: On 1956 I’ve completed my B.A. (Hons.) in Bangla from the University of Dhaka. Afterwards in 1957 I passed my M.A. in Bangla from the same University.

Prosecutor: After passing your M.A. what were your activities?

Witness: After passing M.A. I started research in 1958; In 1959 I joined the Bangla Department as a lecturer.

Prosecutor: In which year did you get your PhD?

Witness: In 1962 I got my PhD in Bangla.

Prosecutor: How many years you have served with Dhaka University?

Witness: From 1959 to 1969 I was serving there for the first time. Afterwards, I joined the Chittagong University as a Reader. In 1972 I became a Professor at the same University.

Prosecutor: At the time of liberation war, where were you?

Witness: From the onset of liberation war from 25th March, 1971 when the Pakistan Army started attacking innocent people we were based at the Chittagong University and initiated a small resistance against those atrocities. When we started feeling that the resistance became week, we had planned to send our family members, living in the residential area of the University, outside the Campus. Some of the family members of the faculties of the University took shelter at the Kundeshwari Girls School. They were almost 50 in numbers, my wife and two daughters were included in the group.

After sending them to the Kundeshwari Girls School myself and the family members of the vice chancellor and the Registrar stayed two more nights there at the campus. On 1st April, 1971 I met my family members after visiting the Kundeshwari Girls School. On 2nd April, along with my family members, I took shelter at the village-Kathirhat under the Hathajari Police Station in Chittagong. On 10th April we went to Ramgor and took shelter at the home of Mr. Abdul Awal who was the manager of Ramgor Tea Estate, and who was a friend of my elder brother. When I went to the Kundeshwari Girls School, then Mr. Nuton Chandra (the founder of Kundeshwari Medicine Centre) was living there with his family members. He was there with his family and there were 50 more people consisting of the family members of the faculties of Chittagong University.

Prosecutor: Was Mr. Nuton Chandra there, when you visited?

Defence Counsels: My Lord, he is asking a leading question.

Justice Nizamul Huq: We won’t take the question as it is a leading question. The question which consist the answer of either yes or no that is a leading question. You should not raise any leading question.

Prosecutor: When you came to Kundeshwari Medicine Centre towards India, was Mr. Notun Chandra there?

Witness: When I’ve left towards India, Mr. Nuton Chandra was there [as the medicine centre] with his family.

Prosecutor: After reaching India did you met any family members of Mr. Nuton Chandra? If it is so who were they?

Witness: After crossing the border of India I reached Agortola on 26th April, 1971 and from there I’ve reached Kolkata on 15th May, 1971. There were a lot of colleagues of Chittagong University there. Mr. Profullo Chandra who was the younger son of Mr. Notun Chandra was also there with his family. I’ve told you that we reached Ramgor on 10th April, 1971 and stayed there till 26th April. As far as I can remember I’ve met Mr. Profullo Chandra at Ramgor. There he has stated to me that his father was dead. When I asked the details, he stated that the Pakistan Army entered the Kundeshwari premises and when returning under the direction of Salahuddin Quader Chowdhury who was the son of Fazlul Quader Chowdhury his father was shot down, his corpse was left there for 3 days, and afterwards the neighbors took the initiative to organize his funeral.

At Kolkata I had formed a Bangladesh Teachers’ Association with a number of refugee teachers. Professor Dr. A R Mollik- the Vice Chancellor of Chittagong University was assigned as the President and I was assigned as the General Secretary of the Bangladesh Teachers’ Association.

On 16th December, 1971 Bangladesh got its victory. I returned on 6th January, 1972 at Khulna and at 8 January I reached Dhaka. I joined my previous post as a faculty member of Chittagong University and became a Professor of the Bangla Department. Afterwards I went to Kundeshwari to express my gratitude towards them.

Then Profullo Chandra Singha let me know that he was assigned as a faculty member of Kundeshwari Girls School, and that the then Gopal Dash and some other people had informed him that on 13th April, 1971 the Pakistan Army had entered the place, and at that time Salahuddin Quader Chowdhury was known as a Major. The Pakistan Army shot Notun Chandra Singha by dragging him from his place and afterwards Mr. Salahuddin Quader Chowdhury has shot him by his own Pistol.

I would like to mention another incident. Salehuddin, who was a student of Chittagong University, was abducted by razakar troops and was detained in the house of Mr. Fazlul Quader Chowdhury at “Goods Hill” for maintaining connection with the Freedom fighter. Mr. Salahuddin Quader Chowdhury and others tortured him grievously. He become a Senate member of Chittagong University and mentioned this incident in a Senate meeting. Now he is the Vice Chancellor of Shahjalal University of Science and Technology.

Prosecutor: When have you left Chittagong University?

Witness: In 1985 I left Chittagong University and joined University of Dhaka as a Professor and I retired in 2003. In 2005 I joined the same University as an extra faculty and at 2008 I’ve become the Professor of Emeritus.

Prosecutor: Would you please say something about the atrocities between 25th March, 1971 to 16th December, 1971?

Witness: In between the period of 25th March-16th December, 1971 the Pakistan Army committed several crimes like killing, genocide, looting, arson, rape etc. Almost 1 crore people have left their homes and took asylum at India as a refugee. The Jamate Islami, Convention Muslim League and others have formed auxiliary forces and tortured the innocent people. A number of intellectuals lost their lives at the the hands of this group. They have formed the Peace Committee to assist the Pakistan Government, among them Motiur Rahman Nizami, Fazlul Quader Chowdhury and a lot of other leaders have played leading role.

Prosecutor: Where was Salahuddin Quader Chowdhury staying at the time of 1971?

Witness: His activities were mainly based on the Chittagong area.

Prosecutor: Have you faced the Investigation Officer?

Witness: On 28th September, 2011; Monowara Begum, an investigation officer asked me some questions and I answered them.

Mr. Ahsanul Haq [Defence Counsel]: The statements which he has given are not similar to the statements given to the investigation officer and the book which has been written by him.

Justice Nizamul Huq: Mr. Counsel, please do not make any comment whether the Professor is stating true or false. Now start your cross examination.