28 Dec 2011: Manik cross exam day

After dealing with the orders involving Nizami, Mujahid, Molla and Kamruzzaman, everyone waited for Sayedee to arrive so that the cross examination of the sixth witness, Manik Poshari could take place.

A court official mentions that he had been taken to BIRDEM hospital for physiotherapy. Justice Nizamul Haque says that the jail authority should have informed them and asks the counsels to proceed in Sayedee’s absence. Mizanul Islam for the defence started the cross examination of Manik Poshari

Below is an unofficial translation of Evidence in Chief. (Notes and translation undertaken by Onchita Shadman. Every attempt has been made to ensure accuracy, but there may be some small omissions.) 

It should  be noted that the first five questions were asked at the end of the hearing the day before.

Defence: You and Alamgir Poshari being brothers lived in the same house.

Witness: No, in separate houses adjacent to each other.

Defence: Both of you are of the same age.

Witness: No he is much younger than me. Almost 30 years difference

Defence: You had at least 12 mothers.

Witness: not true, 5-6

Defence: How long before 1971 was Alamgir Poshari’s house built?

Witness: I don’t know

Defence: You lived in 5 houses?

Witness: No we lived in 3; one was a guest house and one was granary.

Defence: You mentioned having a granary yesterday. How much paddy did you store in it.

Witness: 400-500 maunds of paddy.

Defence: What was the room you had lived in made of?

Witness: it had brick floor and wooden beam covered around with tin.

Defence: How many bundles of tin were required to build each room?

Witness: approximately 30-35 bundles for my room

Defence: Bed was amongst the major furniture of your house.

Witness: There were 4-5 beds.

Defence: How many chairs and tables?

Witness: many

Defence: Did you have any almirah?

Witness: 2 made of Segun wood.

Defence: Your father had built the house before your birth.

Witness: My father had built it after I was born.

Defence: How long before 1971 was that house built?

Witness: When I studied in either year four or year five.

Defence: How much did a bundle of tin cost back then?

Witness: I don’t know.

Defence: Didn’t you hear of the value of tin, bed and furniture of that time from your father?

Witness: I don’t know.

Defence: How much did a bundle of tin cost in 1971?

Witness: I don’t know.

Defence: You can’t tell the value of wood, tin and brick in 1971?

Witness: no

Defence: Your brothers’ rooms were smaller than yours?

Witness: One was of the same size as mine and had similar furniture. The other was smaller.

Defence: When did you take charge of the family?

Witness: As soon as I got married.

Defence: When did you start raising your family away from your father?

Witness: When I married in 1968, my father gave me that house in which I started living with my family. But my father owned all the property.

Defence: When did your father die?

Witness: in October, 1997. In the month of Bhadro (according to Bangla calender).

Defence: Your father used to live in Khulna before he passed away.

Witness: We have land in Khulna and siblings there. He used to come here (in Chithalia village) too.

Defence: Your brother Jahangir Poshari now lives in the Khulna house.

Witness: no he doesn’t. My brothers Panna, Ponu, Tuku and Nanna now live over there.

Defence: Did Jahangir Poshari live in that house while your father was alive?

Witness: No he lived in a different house of my father.

Defence: Was that house in Khulna town?

Witness: No it wasn’t in town. It was in village.

Defence: What was the name of the village where Jahangir Poshari lived?

Witness: Hetalbunia.

Defence: When did Jahangir Poshari sell that house?

Witness: After my father’s death, he’d sold his share to my other brothers.

Defence: How much land did your father own in Khulna?

Witness: He had 40-45 bighas of land in Hetalbunia.

Defence: How much was your share from there?

Witness: 2 bighas.

Defence: Do you still own it or did you sell your share?

Witness: I still own my share of the property in Hetalbunia.

Defence: Who looks after it?

Witness: My brothers. They send me my share (of harvest).

Defence: Your father had invited Delwar Hossain Sayedee to his Khulna house after 1990.

Witness: I don’t know. This is impossible.

Defence: Your family had properties in different areas of Pirojpur.

Witness: I am unaware of whereabouts of my father’s lands. I still can’t find the related papers.

Defence: Did you have property in Gazipur of Pirojpur?

Witness: I heard there were 12-13 bighas of land. We don’t have the papers. Others have occupied those land and are its beneficiaries .

Defence: Who have occupied your land?

Witness: The natives of that place, Malek Khalifa, Khalek Khalifa and their brother. Others are involved as well.

Defence: Did you file any case against them?

Witness: no not against them but filed case against the government in court.

Defence: Is this Khalek Khalifa brother of the present lawmaker Abdul Auwal?

Witness: No, he didn’t benefit from our land.

Defence: Did your father have any land apart from the two places that you have mentioned?

Witness: No.

Defence: Did Sayedee grab any of your land?

Witness: No

Justice Zaheer: He didn’t mention this.

Defence: My lord, there’s no harm in asking this.

Defence: Did you buy any land after 1971?

Witness: No, but I’ve had exchanged some lands with my brothers.

Defence: Did you fight in the liberation war?

Witness: No I didn’t take part in the battle directly. But I helped out from home.

Defence: You lobbied to include your name in the list of freedom fighters and present MP AKM Auwal has issued a DO Letter in response to that.

Witness: Because I had helped the freedom fighters, fed them, MP Auwal had issued this DO Letter in my name.

Defence: Did he give you the DO Letter before you had filed case against Sayedee in Pirojpur court?

Witness: I can’t remember.

Defence: After the present government came to power, you were listed in the “Ekti Khamar, Ekti Bari” project on 5/8/2010.

Witness: yes

Defence: Before the arrival of Razakars and Pakistani military in Parerhat, the region was under the occupation of the freedom fighters.

Witness: I don’t know.

Defence: Were ‘seven brothers’ amongst the Razakars who had looted your house?

Witness: I don’t know.

Defence: The way, in which your house was being looted, left it unsuitable for living.

Witness: yes

Defence: You’d rebuilt the house after liberation.

Witness: We built a makeshift house before liberation. Fifteen days after the arson, I used the burnt bamboo beams and tin to build this dwelling.

Defence: Where did you live after your house was burnt down?

Witness: At my uncle’s place in the same village.

Defence: How far is your uncle’s house from yours?

Witness: It takes 40-42 minutes if travelled eastwards. I don’t know the distance.

Defence: What’s your uncle’s name.

Witness: Late Hashem Ali.

Defence: Are his children not there?

Witness: no, (later he said) they have left. The house lies barren.

Defence: After your house had been torched, how long did it take you to return there?

Witness: We returned after fifteen days.

Defence: What was the dress of the Razakars, who had torched your house, like?

Witness: Khaki

Defence: How far was the bridge you’d mentioned from Thanarghat?

Witness: It takes two minutes to travel.

Defence: I am asking how far.

Chief Prosecutor: He’d mentioned two minutes.

Justice Zaheer: It takes people different times to travel the same distance. (Explains distance to the witness)

Witness: From bridge to Thanarghat, it could be 30-35 hands.

Defence: Do you know when and where were the Razakars and Peace Committee formed for the first time?

Witness: I don’t know.

Defence: Before the military’s arrival, Razakars and Peace Committee were formed in Parerhat.

Witness: No Razakars and Peace Committee were formed before military’s arrival.

Mizanul Islam complains to the judges about prosecutors interfering. He said it alerts the witness about his answers. Justice Nizamul Haque asks the prosecutors to keep quiet.

Defence: You have not been to India before liberation.

Witness: No.

Defence: You didn’t go to India before the onset of the liberation war.

Witness: No.

Defence: Parerhat was freed from Pakistani occupying forces on 8 May, 1971.

Witness: I don’t know.

Defence: When did you go to Pirojpur first after it had been freed from the grip of Pakistani occupying forces?

Witness: I can’t remember.

Defence: Did you visit Parerhat’s Muktijodhdha (freedom fighter) camp?

Witness: No

Defence: After independence of the country, Sayedee lived in his area for a long time.

Witness: He’d lived before (independence). I haven’t seen him afterwards.

Defence: You were in the country in between 16 December, 1971 and 14 August, 1975.

Witness: Yes.

Defence: You lived in your own home at Parerhat between 1971 and 2001.

Witness: Yes.

Defence: Until 2009 you didn’t file a case against Sayedee. You didn’t bring forth any charge or speech against him.

Witness: No

Defence: Within this time no one had stopped you from filing case against Allama Delwar Hossain Sayedee.

Witness: No

Defence: Did you file a police complaint before filing your case in court?

Witness: No

Defence: You didn’t show any reasoning behind filing your case so late.

Witness: I didn’t write that.

Defence: You didn’t mention your cousin and house help in that case.

Witness: No. (Later said) I can’t remember.

Defence: The first IO of that case was Azim Howlader.

Witness: no, Noor Mohammad.

Defence: After the case had been lodged, IO sent the six witnesses to testify in the Magistrate court.

Witness: Yes

Justice Zaheer: He didn’t file this case as deposition.

Defence: We have presented this as defence document.

Justice Zaheer: ok

Defence: The investigation officer (IO) of that case had visited your house several times.

Witness: Nur Mohammad went to my house once and told me that the case has been transferred to Dhaka.

Defence: IO had consulted you regarding witnesses.

Witness: I don’t know

Defence: The IO had visited you for evidence. Since you couldn’t provide it at that time, you are hiding this.

Witness: not true.

Defence: Afterwards you and PW1 Mahbubul Alam gave an interview on ETV.

Witness: I can’t remember

Defence: You are hiding this account since you’d mentioned in the interview that there are no burnt marks.

Witness: Not true.

Defence: Later on the IO, Helaluddin consulted you and Mahbub to create a seizure list for this case.

Witness: not true.

Defence: There wasn’t any burnt brick in your house.

Witness: there still is

Defence: The evidence that the IO had seized is not present before the court today.

Witness: I have left them in charge of Mahbub and Mustafa.

Defence: When did the IO visit your house to seize these items?

Witness: On 18/8/2009

Defence: When did he inform you that he’ll visit to seize the items?

Witness: I can’t remember

Justice Nizamul Haque: The IO goes for investigation, not to seize.

Defence: That’s the rule, but didn’t happen in this case.

Justice Nizamul Haque: The phrase “will visit to seize” won’t go. You’ll make the witness confused.

Defence: But he has given an answer. In my eyes, there is no ambiguity. Had he said, you could have raised this.

Justice Nizamul Haque: You’ve asked such a question where the witness was bound to say yes, “He had been to your house”.

Defence: He had informed before going.

Justice Nizamul Haque: If it was a Suo Moto question that would have been ok. But you’ve asked a question to embarrass the witness.

Defence: Have a look at the previous line. There’s no missing link between the two.

Adjournment for lunch

Defence: When on the day the items were being seized, did Helal Saheb come to your house?

Witness: Around 10-10:30 am.

Defence: After he’d arrived, he summoned Mahbubul Alam

Witness: He came much later.

Defence: When did Mahbubul Alam Howlader arrive at your house?

Witness: at 11am.

Defence: After Helal Saheb (Helaluddin) had come to your house, when did he call upon him (Mahbubul Alam Howlader)?

Witness: He was not called but came by himself.

Defence: Was Mustafa Howlader called upon?

Witness: No, he came by himself.

Defence: When did he come?

Witness: A little later after Mahbub (Howlader) had arrived.

Defence: Were many people present while preparing that seizure list?

Witness: Yes.

Defence: Helal Saheb asked you to sign on the seizure list.

Witness: He didn’t ask me and I didn’t do it.

Defence: You have mentioned the name of Sekander Shikder in your statement. Did you know him before 1971?

Witness: Yes.

Defence: You father had cigarette trade with him.

Witness: My father didn’t have any business.

Defence: Do you know of his (Sekander’s) profession?

Witness: No.

Defence: You have mentioned the name of Danesh Molla. Did you know him previously?

Witness: Yes he was a school teacher.

Defence: Did you know another Razakar and Peace Committee member, Moslem Maulana?

Witness: Yes. He hails from our Badura village.

Defence: What was his profession?

Witness: I don’t know.

Defence: Did you know Razakar Momin?

Witness: Yes. I have seen him farming and teaching in Madrasa.

Defence: Did you know Sobahan Maulana?

Witness: He was a student back then, not a Maulana.

Defence: Your house is in Shangkarpasha Union?

Witness: Yes.

Defence: Did you know the chairman of the Peace Committee of this union, Ekram Khalifa?

Witness: There wasn’t any Peace Committee in Shangkarpasha union.

Defence: Did you know Ekram Khalifa?

Witness: Yes. He was the chairman of that union.

Defence: Was he a freedom fighter?

Witness: No.

Defence: For how long did Ibrahim Kutti work in your house?

Witness: for 3-4 years.

Defence: What was his father’s name?

Witness: Gofur Sheikh.

Defence: Shahijuddin Sheikh wasn’t his father.

Witness: No.

Defence: His house was in your neighbouring village of Badura.

Witness: Yes.

Defence: From your house, Badura village has to be crossed to reach the end of the bridge.

Witness: Yes.

Defence: When he was brought there, none of his relatives came over there?

Witness: No.

Defence: Had no one come after his murder?

Witness: I haven’t seen.

Defence: What had happened to his corpse.

Witness: He was thrown into the river. I don’t know whether his body was buried afterwards.

Defence: He was thrown below the place of his murder.

Witness: Yes it was canal, not river.

Defence: Was Ibrahim Kutti married?

Witness: Yes.

Defence: His wife’s name is Momtaz Begum.

Witness: that I don’t know.

Defence: Do you know where his in-laws were from?

Witness: I’ve heard that his in-laws were from Nalbunia.

Defence: Did he have any children?

Witness: He had 1 or 2 perhaps.

Defence: Have you met his wife and children after independence?

Witness: No.

Defence: You are not aware of their condition-whether they are dead or alive.

Witness: No

Defence: Do you know that Ibrahim Kutti’s father-in-law is Azhar Ali?

Witness: No.

Defence: Ibrahim Kutti’s brother-in-law is Shaheb Ali alias Shiraj.

Witness: Yes I know.

Defence: Do you know Abdur Razzak, Delwar Hossain, Abdus Sattar Howlader, Taher Ali Howlader, Setara Begum, Azhar Ali Howlader, Ranu, Md Ali and Makbul Shikder of Baroikhali village.

Witness: No.

Defence: Did you know Razakar Atahar Ali Howlader, son of Ainuddin Howlader from Baroikhali?

Witness: No.

Defence: Did you know Razakar Asrab Ali, son of Asmat Ali from Tengrakhali?

Witness: No.

Defence: Did you know Abdul Mannan Howlader, son of Late Hashem Ami Howlader from Badura village

Witness: No.

Defence: Did you know Ayub Ali, son of Late Aroj Ali? He was a Razakar in Parerhat.

Witness: No.

Defence: Did you know Kalam Choukidar from Baroikhali village?

Witness: No.

Defence: Did you know Ruhul Amin, son of Anwar Hossain from Parerhat?

Witness: No.

Defence: Did you know Abdul Hakim Munshi, son of Momin-al Munshi from Baroikhali village?

Witness: No.

Defence: Did you know Mominuddin, son of Abdul Goni from Gazipiur?

Witness: Yes.

Defence: Did you know the ASI of Pirojpur station in 1971, Shamsur Rahman.

Witness: No.

Defence: Ibrahim Kutti’s wife Momtaz Begum had filed a murder case of Kutti and his brother-in-law Shaheb Ali stating that they were killed by the Pakistani military on 1/10/1971 in Kutti’s in-law’s house. In her complaint, she had accused Danesh Ali Molla, Sekander Shikder, Moslem Maulana and the people who I’ve mentioned previously, starting from Atahar Ali until Shamsur Rahman. The case filed in Pirojpur Sadar police station on 16/7/1972 was recorded at 13:30 as case no. 9. Your statement regarding “Kutti was captured from your house and killed on Delwar Hossain Sayedee’s advice” is a false one and you have lodged a false complaint with the intention to receive government allowance.

Witness: Not true.

Defence: Despite your knowledge of Kutti’s mother-in-law being abducted by the Peace Committee, you have denied that account.

Witness: Not true.

Defence: The list I have mentioned, Abdur Razzak, Delwar Hossain, Abdus Sattar Howlader, Taher Ali Howlader, Setara Begum, Azhar Ali Howlader, Ranu, Md Ali and Makbul Shikder of Baroikhali village, are relatives of Ibrahim Kutti and Shaheb Ali. They know the real event and are witnesses of the case filed by Ibrahim Kutti’s case. They have told you about the real incidence but since their account doesn’t match with yours, you have given a false testimony.

Witness: Not true

Defence: For the same reason, you have hidden information regarding Ibrahim Kutti’s wife and children.

Witness: Not true.

Manzur Ahmed Ansari took over for the defenc

Defence: Do you know Haripad Mistiri from your village?

Witness: Yes

Defence: Do you know Jadabchandra Roy, Jateen Halder and Khabir Howlader?

Witness: Yes.

Defence: In 1971 Moslemuddin Poga’s house was on the western side of your house.

Witness: I didn’t notice.

Defence: How far is your house from Sultan Howlader’s house towards east?

Witness: Quarter mile.

Defence: In 1971, Jaheer and Saiful’s shops were on the west end of the bridge.

Witness: No.

Defence: The Pals (potters) had a row of shops there due to connectivity with the Bazaar on the west.

Witness: I can’t remember.

Defence: In your statement given to the IO you didn’t mention of having fish trade.

Witness: no

Defence: You also didn’t tell him that Mofizuddin Poshari was your cousin and domestic help.

Witness: I told him

Defence: You didn’t tell the IO that Mofizuddin Poshari and Ibrahim Kutti were tied with the same rope.

Witness: not true.

Defence: You didn’t mention in your statement that the gold was taken by Delwar Hossain Sayedee and others.

Witness: not true.

Defence: You didn’t mention in your statement given to the IO that they had unfastened Kutti, took him to the other side of the bridge towards west and made him stand in the middle

Witness: not true.

Defence: You didn’t mention that Kutti had shouted, and then his body was thrown into the water.

Witness: not true.

Defence: You didn’t tell the IO that “you had learnt Mofizuddin had been tortured in the camp. Between 1:30 and 2 am on the very night (following morning) Mofizuddin fled and came to your house. There was blood and bruises all over his body.”

Witness: not true.

Defence: You didn’t tell the IO that due to arson in your house, the documents related to your land had been destroyed.

Witness: I told him

Defence: Earlier you didn’t mention ‘Shikder’ in Delwar Hossain Shikder’s name.

Witness: not true.

Defence: You have given a false statement in court that, Delwar Shikder Sayedee along with others had organised the Peace Committee and Razakar forces in Parerhat.

Witness: not true.

Defence: You have given a false statement in court that, “on 8 May, 1971 Pakistani military was coming from Parerhat port towards our house. They were accompanied by Delwar Shikder, Sekander Shikder, Danesh Molla, Moslem Maulana, Razakar Mobin, Hakem Kari, Sobahan Maulana and many other Razakars. Noticing them approaching, me and my brothers hid ourselves in a big jungle on the eastern side of our house.”

Witness: I told the truth.

Defence: Your statement regarding “after the pillage, at Delwar Shikder’s direction the Razakar force poured kerosene on the five houses/rooms and torched it. The items of those houses were valued at Tk 10 lakh then” is not true.

Witness: Not true (the suggestion above).

Defence: Your statement regarding “Ibrahim Kutti was taken to the other side of the bridge, shot and killed by the Pakistani army on Delwar Hossain Sayedee’s advice, after which his body was thrown into the water” is not true.

Witness: It is true.

Defence: “Mofizuddin being taken to the camp as a captive, being tortured, returning to your house between 1:30-2 am and having blood and bruises all over his body”, are lies in your statement

Witness: not true.

Defence: Since Mofizuddin was not captured by Pakistani army, you haven’t mentioned of his torture and escape in the case you’d filed in Pirojpur court. You also didn’t make him a witness in that case.

Witness: I did.

Defence: Goni Poshari was one of your uncles.

Witness: He is my cousin.

Defence: After liberation, Goni Poshari had captured Razakars Abdur Razzak and Sekander Shikder of your area; shot and killed Abdur Razzak; and handed over Sekander Shikder to the police at request of other people.

Witness: not true.

Defence: Long before 8 May 1971 your house was looted and set on fire due to family feud.

Witness: not true.

Defence: Delwar Hossain Sayedee was neither in Parerhat nor in Pirojpur until mid-July of 1971.

Witness: He was there.

Defence: Although you are not a freedom fighter, to become listed as one and to enjoy government allowances including membership in the project “Ekti Khamar, Ekti Bari”, you have given false testimony in a false case filed against Allama Delwar Hossain Sayedee.

Witness: not true.

28 Dec 2011: Molla cognisance

Prior to the cross examination of the sixth witness, the tribunal dealt with the issue of taking cognisance of the offences alleged against Molla, Quamruzzaman, Mujahid and Nizami.

In relation to Abdul Quader Molla, the tribunal chairman read out the following order:

‘Today is fixed for consideration of the matter whether cognisance will be taken against accused Abdul Quader Molla. We have perused the formal charge, statement of witness, investigation report and other relevant documents submitted herewith by the prosecution. We are of view that a prima facie cases under section 3(2) of the ICT Act 1973 is available in the material submitted by the prosecution. As such we take cognisance of offence under section 3(2) of ICT Act against accused Abdul Quader Molla. Prosecution be directed to submit relevant papers and documents within 2 days by Sunday (1/1/2012) afternoon so this can be served upon the accused person for preparation of charges. Date 29/1/2012 is fixed for hearing charges.’

In relation to Quamruzzaman and Ali Ahsan Mujahid, the tribunal made the following comments

‘For Quamruzzaman’s and Mujahid’s cases we are passing similar orders as like the order passed in Ghulam Azam’s case. It will return. Date for refiling charges are, for Quamruzzaman 14/1/2012, for Mujahid 16/1/2012.

In relation to Nizami’s case, the chairman said that they hadn't finished perusal of all documents and charges related to his case and needed more time. So Nizami’s order will be passed on 9/1/2012.

Prior to these orders being given, Abdur Razzak, the head of the defence legal team, told the tribunal that on 27th the defence had filed an application to see their client, Matiur Rahman Nizami but it was rejected by the jail authority.

There had been two orders (He reads them out). He said that the tribunal has rightly quoted 682 and 683 of jail code and requested that the court given another order.

The tribunal chairman said that this will be recorded and will be drawn to the attention of the jail authority.

27 Dec 2011: Sixth witness statement

Following the cross examination of the fifth witness, the sixth witness Manik Poshari then gave his evidence in chief. Haider Ali acted for the prosecution.

Below is an unofficial translation of the evidence-in-chief. (Notes and translation undertaken by Onchita Shadman. Every attempt has been made to ensure accuracy, but there may be some small omissions.)

Prosecution: Where were you in 1971?

Witness: I was 27 years old and lived in my home at Chithalia village.

Prosecution: What did you do at that time?

Witness: I looked after my father’s property and had fish trade.

Prosecution: During the liberation war there were freedom fighters. What other forces were in operation back then?

Witness: Peace Committee and Razakar forces were there. Sekander Shikder, Delwar Shikder (Sayedee), Danesh Ali Molla, Moslem Maulana, Muket Shikder, Mazhar Talukder along with others had created the Peace Committee at that time. After that they had formed the Razakar force in association with Jamaat activists and people against independence.

Prosecution: Who did they harm?

Witness: Against the Hindu community and Awami League members, Razakars and Peace Committee members had committed looting, mass murder, and rape of women in army camps. They had harmed people who had supported independence.

Prosecution: Tell us about what had happened in your village.

Witness: On 8 May, 1971 Pakistani military was coming from Parerhat port towards our house. They were accompanied by Delwar Shikder, Sekander Shikder, Danesh Molla, Moslem Maulana, Razakar Mobin, Hakem Kari, Sobahan Maulana and many other Razakars. Noticing them approaching, me and my brothers hid ourselves in a big jungle on the eastern side of our house and observed from there everything that took place in my house. They had entered into my house. My cousin (paternal aunt’s son) and domestic help Mofizuddin tried to escape but was caught by the army and Razakars. They had also captured another of my domestic helps Ibrahim alias Kutti and tied him together with Mofizuddin. Then they had gone smashing my house, looting all its valuables and distributing my rice, paddy and gold amongst themselves. Delwar Shikder, Danesh Molla and Moslem Maulana had grabbed my gold; the furniture, rice and paddy were looted by the public.

After the pillage, at Delwar Shikder’s direction the Razakar force poured kerosene on the house and torched it. The items of that house, which consisted of 3 residential rooms, a living/guest room and a granary, were valued at Tk 10 lakh then.

Prosecution: You still have the burnt tin and frame from that house? (Defense objects about leading the witness by asking this question)

Witness: Then Mofizuddin and Kutti were taken towards the Parerhat camp. I went on their trail and hid on this side of the bridge. They took Kutti to the other side of the bridge and made him stand in the middle. Danesh Molla and Delwar Shikder consulted with the Pakistani military, unfastened Kutti and took him to the end of the bridge where they shot him. I heard Kutti shout, and then his body was thrown into the water.

Mofizuddin was taken to the camp and I learnt that he was tortured. Between 1:30 and 2 am on the very night (following morning) Mofizuddin fled and came to our house. There was blood and bruises all over his body.

My father was wealthy, but now we hardly have anything. Our documents had been burnt during the loot. I couldn’t retrieve the copies of those burnt documents from court. I know Sayedee. He used to sell oil, salt in Parerhat.

Prior to cross examination the following exchange took place.

Defence: Before proceeding with the cross-examination, I would like to raise two issues. Firstly, we can’t question the witness before seizing the evidence from his house. Secondly, we want to show him a video.

Nizamul Haque: Let’s show that tomorrow. We are almost towards the end of session.

Defence: If the evidence comes by tomorrow, it will be helpful for us.

Justice Zaheer: The evidence has not been produced in court.

Defence: He (Chief Prosecutor) had mentioned clearly that they will show it if the court is willing.

Justice Kabir: The court will not give any direction regarding evidence. If prosecution thinks they need certain evidence, they will bring it.

Defence: I am saying this by consulting the documents which includes Seizure List.

Five questions of the cross examination were asked but these will be given in the next post with the rest of the cross examination.

27 Dec 2011: Fifth witness testimony

This hearing involved both the evidence-in-chief and the cross examination of the fifth witness Mahtab Uddin Howlader.  Following  this the sixth witness also gave evidence, and this is dealt with n a separate post.

The prosecutor asking questions to the witness was Haider Ali.

Below is an unofficial translation of first the evidence in chief, and then the cross examination of this witness. (Notes and translation undertaken by Onchita Shadman. Every attempt has been made to ensure accuracy, but there may be some small omissions.)

Prosecutor: Where were you in 1971?

Witness: I was in my village, Tengrakhali of Parerhat union.

Prosecutor: At that time there were forces for and against liberation.

Witness: yes Peace Committee, Razakars, Al Badar and Al Shams.

Prosecutor: Who had formed the Peace Committee?

Witness: Danesh Ali Molla, Maulana Moslemuddin, Delwar Hossain Shikder (now Sayedee) and Sekander Ali Shikder.

Prosecutor: Who had formed the Razakar forces?

Witness: The same people had led the formation of Razakar forces 2-3 days after the Peace Committee was organised.

Prosecutor: Umedpur village was located around your area?

Witness: yes

Prosecutor: What had happened in that village?

Witness: After March 26, at the command of Peace Committee, Razakar forces had looted Hindu localities and houses of pro-liberation people and Awami League members. They committed arson, raped women and handed women over to the Pakistani army for rape.

On June 2, 1971, at around 10-10:30 am, I was going to Parerhat from the direction of Umedpur village when I saw Peace Committee’s Sekander Shikder, Danesh Ali Molla, Delwar Hossain Shikder (now Sayedee) and Moslem Maulana entering Umedpur’s Hindu locality. They were accompanied by armed Razakars and Pakistani soldiers. I hid myself in the jungle on left side of the Hindu neighbourhood and saw that these Razakars and Peace Committee members were plundering houses of Anil Mandal, Nalita Bali, Harendranath Chakrabarti, Muken Chakrabarti, Satish Bala, Chittaranjan Talukder and Robi Talukder. They divided the loot amongst them and set 20-22 houses on fire. They had strapped Bisha Bali to a coconut tree and beaten him. When Sayedee said something in Urdu, a Razakar shot Bisha Bali. Frightened, I went to my house using a different route. When I reached home, I heard that those Razakars had plundered freedom fighter Mahbubul Alam’s house and robbed cash and gold.

I went to Parerhat in the middle of June and saw that Delwar Hossain Sayedee had made Tayab Ali dismantle Madan Saha’s room. Sayedee took it to his in-law’s, who lived east of the canal.

This is my statement. I know Delwar Hossain Sayedee. He is in the dock.

The cross-examination was undertaken by the defence lawyer Mizanul Islam.

Defence: You knew the Razakars from your area?

Witness: I know many of them

Defence: Do you know when this Razakar force was formed initially and in which district?

Witness: no

Defence: Do you know when and where this Razakar force was formed officially in East Pakistan?

Witness: no

Defence: The place you live in is within Barisal district.

Witness: yes

Defence: You don’t know when district based Razakar force was organised in Barisal district.

Witness: no (true)

Defence: You don’t know when subdivisional Razakar force was organised in Pirojpur district.

Witness: no

Defence: Your house isn’t in Char Tengrakhali.

Witness: No, it’s in Tengrakhali.

Defence: When was Razakar force formed in Tengrakhali?

Witness: There wasn’t any.

Defence: Was there any Razakar from your village

Witness: yes, one

Defence: Can you name a Razakar from Barisal?

Witness: no

Defence: Can you name the Razakar commander of Pirojpur Mahkuma?

Witness: no

Defence: When was the first Peace Committee formed in East Pakistan?

Witness: I don’t know

Defence: You wouldn’t know where this was formed?

Witness: no

Defence: You wouldn’t know who was the head of the central Peace Committee?

Witness: no

Defence: You wouldn’t know when and where Peace Committee was formed in Barisal district.

Witness: no

Defence: You can’t name the chairperson of this Committee?

Witness: no

Defence: You can’t name any significant member of Peace Committee of Barisal district.

Witness: no

Defence: Have you heard of A K Faizul Haque of Barisal Peace Committee?

Witness: yes

Defence: Do you know about his position and role during the liberation war?

Witness: no

Defence: When and where was Peace Committee of Pirojpur Mahkuma organised?

Witness: I don’t know

Defence: Can you name the chairman and secretary of this Peace Committee?

Witness: no

Defence: Parerhat was a union at that time

Witness: yes, it still is.

Defence: Is your village, Tengrakhali within Parerhat Union?

Witness: yes

Defence: How many wards did Parerhat union consist of?

Witness: In 1971, it was made up of nine wards.

Defence: In which was your house located?

Witness: I don’t know.

Defence: Who was the ward member?

Witness: Hasan Ali Howlader

Defence: Who was the chairman in 1971?

Witness: Amzad Hossain Gazi was the chairman of Parerhat Union. After 25 March, he had joined in the liberation war and Danesh Ali Molla took charge.

Defence: In between commencement of the liberation war and arrival of the Pakistani army, Parerhat region was under the control of pro-liberation forces. On 4 May, 1971 Pakistani army arrived in Pirojpur.

Witness: on 3 May, 1971.

Defence: They came to Parerhat on 8th May.

Witness: no on 7th May.

Defence: After their arrival on 7th May, Pakistani forces had set their camp first of all.

Witness: No they had looted different houses and then camped at Rajlaxmi School.

Defence: Do you know Shah Alam Hossain, son of Late Tofeluddin of Tengrakhali village?

Witness: I knew him before he passed away.

Defence: He had complained to your father that you and few of your brothers had stolen his bed.

Witness: not true

Justice Zaheer: If you have the documentary evidence, then only mention it.

Defence: It’s not that we have to show documents for each count.

Justice Zaheer: The prosecution may follow your foot.

Justice Nizamul Haque: This question will not go.

Defence: My lord we may have some documents which we’ll submit or we couldn’t submit. Even though court will decide which materials are to be presented when, we have the right to draw witness’s attention to materials he is aware of.

Justice Zaheer: In case of PW1, we have allowed that because he had a dowry case. But this is just an informal complaint. We have objections to allegations made without any documentary evidence.

Defence: The community had surrounded your house with the help of police and restore the bed.

Witness: not true.

Justice Zaheer: Now that you’ve mentioned the police, this is ok with us.

Defence: Until its ownership was resolved, the stolen item was kept in charge of witness no. 1 of this case, Mahbubul Alam Howlader (recorded with objection from the prosecution)

Witness: not true

Golam Arif Tipu (Chief Prosecutor): Mahbubul Alam had left and wasn’t asked regarding this matter.

Defence: Later it was returned to Shah Alam Hossain

Witness: not true

Defence: Your father has four wives.

Witness: yes

Defence: You have married twice

Witness: yes

Defence: In your union, you are the general secretary of Awami League

Witness: yes

Defence: Your son (Abu Bakar Siddique Lablu) is the president of Chatra League’s Zianagar district unit.

Witness: Yes

Defence: The SSC exam of 1970-71 sessions was held after the liberation in 1972.

Witness: I don’t know

Defence: Which school did you attend?

Witness: Parerhat Rajlaxmi Secondary School.

Defence: Balipara Secondary School is 12-13 miles south of your house.

Witness: yes

Defence: You were a regular student of that school.

Witness: no

Defence: Even though you were not a student of that school, you had registered for SSC exam of 1974-75 under Jessore Board as a regular student of class nine of that school.

Witness: Yes

Defence: Admit card for 1976’s SSC exam was issued in your name.

Witness: Yes

Defence: In that registration form your birthday was given as 6 June, 1959.

Witness: I don’t know what the headmaster had written there.

Defence: I am suggesting that it’s student’s responsibility to fill out their registration forms.

Witness: The clerk had dealt with registration which I signed. I didn’t fill it up.

Defence: Later on (very recently) birth registration card was issued in every union.

Witness: yes. But I’d like to add that I couldn’t pass the exam in 1976. So I registered again in 1979 and passed the exam. I had to hide my real age.

Defence: Did you rectify your correct age in the birth registration card?

Witness: no

Defence: You had registered this card on 28/1/2008 where your birthday is given as 15/9/1963.

Witness: I can’t remember.

Defence: Do you know what had happened to Bisha Bali’s corpse?

Witness: no

Defence: You didn’t try to find out in the last 40 years?

Witness: no.

Defence: You didn’t try to find out the name of the Razakar who had shot him?

Witness: no

Defence: Do you know Niranjan Bali and Pabitra Bali?

Witness: no

Defence: Did you give a witness statement anywhere previously?

Witness: yes

Defence: Where and when?

Witness: In 2008, at Pirojpur Divisional Magistrate’s court.

Defence: Do you remember the date or the month?

Witness: no

Defence: Was Mahbubul Alam with you at that time?

Witness: He was there in the court.

Defence: Who else were there to give testimony?

Witness: Altaf, Abdul Latif and Mahbubul Alam.

Defence: Mahbubul Alam was the applicant of that case.

Witness: yes

Defence: Before that instance in 2008, you haven’t given any statement or speech against Maulana Delwar Hossain Sayedee at any other place.

Witness: no

Defence: In between the statement made in 2008 and that made today, you haven’t testified against Maulana Delwar Hossain Sayedee elsewhere.

Witness: I have testified to the IO of this case on 19/8/2011 at Parerhat Rajlaxmi School.

Defence: at what time?

Witness: around 12-1 pm.

Defence: Who else was there?

Witness: I was there by myself

Defence: Who had asked you to go there?

Witness: Mahbubul Alam, the applicant.

Defence: He accompanied you to the school?

Witness: no, I went alone

Defence: Did anyone else accompany you?

Witness: no

Defence: Who did you see present over there?

Witness: Witnesses Altaf, Latif, Ruhul Amin Nabeen, Abdul Hanif Babu.

Defence: Their testimonies were not taken in your presence.

Witness: no

Defence: You have no idea when those had been taken.

Witness: On the same day, after me.

Defence: Did you sign the statement you’d given?

Witness: no

Defence: The testimony was video recorded on that day.

Witness: yes

Defence: Where in Rajlaxmi school was this testimony recorded?

Witness: In headmaster’s (principal) room.

Defence: Was school off on that day?

Witness: yes

Defence: You’ve mentioned Delwar Hossain Shikder (now Sayedee). I’m suggesting his name was Delwar Hossain Sayedee.

Witness: not in 1971

Defence: His name has always been Delwar Hossain Sayedee.

Witness: not true.

Defence: You haven’t mentioned the term, ‘now Sayedee’ before today.

Witness: not true.

Defence: What was the costume of the Razakars who had gone to Bisha Bali’s place

Witness: of Khaki colour

Defence: Did they wear trousers?

Witness: yes

Defence: How long have you known Delwar Hossain Sayedee?

Witness: from 1970.

Defence: How did you get to know him?

Witness: He used to sell oil, salt, chillies in Parerhat bazaar.

Defence: Danesh Ali Molla was the chairman around June 2?

Witness: yes

Defence: He was also a teacher of the high school?

Witness: Once elected as a member, he’d given up his job in 1970.

Defence: What did Danesh Ali Molla do?

Witness: He worked as a chairman.

Defence: What did Sekander Shikder do?

Witness: He used to look after his property and roam around in Parerhat Bazaar.

Defence: He had rented out his shop in Parerhat Bazaar.

Witness: yes

Defence: Although he didn’t own much land, Sekander Shikder was an influential person.

Witness: He was a respectable man.

Defence: What did Moslem Maulana do at that time?

Witness: He looked after his property and lived in Bipod Saha’s house in Parerhat.

Defence: He’d married Bipod Saha’s daughter Bhanu Saha.

Witness: I didn’t hear of their marriage, but he lived with her.

Defence: In the beginning of the liberation war, when news of the Pakistani army’s advancement had spread out, many Hindus had left the area for India

Witness: yes

Defence: Moslem Maulana is still alive.

Witness: yes

Defence: He is the president of Pirojpur Awami Olama League.

Witness: no

Defence: At present, he is involved with Awami League’s politics

Witness: not true.

Defence: You were in your area until 2 June, 1971.

Witness: yes

Defence: After 2 June until independence, you were in India.

Witness: no I was in my area.

Defence: On 8 December, 1971 Pirojpur including the current Zianagar sub-district became free from enemies.

Witness: yes

Defence: Who had freed Pirojpur Sadar thana (main police station)?

Witness: Major Ziauddin.

Defence: He’d come to Parerhat from Sundarban and then went to Pirojpur Sadar thana.

Witness: not true.

Defence: At what time on 8th December, did he go to Pirojpur Sadar thana?

Witness: I don’t know

Defence: Who had freed Parerhat area?

Witness: Ruhul Amin Nabeen.

Defence: When did he reach Parerhat’s (ferry) port?

Witness: around 12-1pm.

Defence: When did you hear of them coming?

Witness: It was market day and I was at the Bazaar.

Defence: Did you meet Nabin?

Witness: yes

Defence: What did they do on reaching Parerhat?

Witness: They seized few Razakars and Peace Committee members.

Defence: Can you name some of those captives?

Witness: Mobin, Atahar Ali Member, Abdul Bari Mintu, Habibur Rahman Mridha, Sobahan.

Defence: Give us the figure. Is that all or more people were captured?

Witness: More, but I don’t remember everyone’s names.

Defence: At that time some Razakars were killed due to public violence.

Witness: No, at the command of freedom fighters.

Defence: When did the freedom fighters camp in Fakir Das’s building?

Witness: On 9th.

Defence: Who was in charge of that camp?

Witness: Ruhul Amin Nabeen.

Defence: Do you know freedom fighter commander Khasrul Alam?

Witness: no

Defence: You have never heard this name.

Witness: I’ve heard his name but don’t know him.

Defence: Have you heard of him as a freedom fighter?

Witness: yes

Defence: Ruhul Amin Nabeen was chief of the freedom-fighter’s camp as long as it was there in Fakir Das’s building.

Witness: yes

Defence: At that time, from December 8 until the camp was dissolves, Ruhul Amin Nabeen was in charge of the entire area?

Witness: Yes, of Parerhat area

Defence: After the liberation of Parerhat, when did you first see Major Ziauddin?

Witness: 2-3 days after the liberation.

Defence: At that time no member of Peace Committee, Razakar, Al Badar and Al Shams was killed in that area

Witness: no

Defence: From around Parerhat no member of the Peace Committee, Razakar, Al Badar and Al Shams were captured and sent to the Sundarban to be killed by the killing squad.

Witness: no

Defence: Have you heard of freedom fighter commander Shahjahan Omar?

Witness: yes

Defence: Did he come to Pirojpur after it was liberated?

Witness: I don’t know

Defence: Have you heard of the infamous Razakar of Pirojpur, Manik Khandakar?

Witness: yes

Defence: Is he alive?

Witness: no

Defence: Do you know when he died?

Witness: He was killed by the freedom fighters in 1971, a few days after independence.

Defence: Do you know how many Razakars from Pirojpur Thana (police station area) were killed after independence?

Witness: no

Defence: Did you know or hear of Razakar Delwar Hossain?

Witness: no

Defence: I suggest that you are denying the fact of Delwar Hossain’s arrest by the freedom fighters.

Witness: not true.

 Manzur Ahmed Ansari took over as defence lawyer

Defence: West to Bisha Bali’s is Nazem Howlader’s house?

Witness: half km (0.5) away.

Defence: West to Nazem Howlader’s is the house of PW1 Mahbubul Alam Howlader.

Witness: yes

Defence: What’s the distance between the two houses?

Witness: 1 ¼ km

Defence: Do you know Mahbubul Alam Howlader’s brother Baten Howlader.

Witness: yes

Defence: South of Bisha Bali’s place is the road running from east to west.

Witness: yes

Defence: South of that road is house of Abdul Alam Howlader

Witness: yes

Hearing was adjourned for lunch.

Defence: Late Hasan Howlader’s house is south of Aziz Talukder’s house.

Witness: yes

Defence: His son Shah Alam Howlader is the chairman at present.

Witness: yes

Defence: Shah Alam Howlader has a brother named Abdus Salam Howlader.

Witness: yes

Defence: At north-east corner of Bisha Bali’s house is Fakir Bari (house).

Witness: it’s not there any more.

Defence: Where is their (Fakir family’s) house now?

Witness: in Tengrakhali village.

Defence: How far is the Hindu locality from Fakir Bari?

Witness: 1km south-west across the field.

Defence: How far is Fakir Bari from Mahbubul Alam Howlader’s house?

Witness: half of a km towards north.

Defence: In which direction is your house from Mahbubul Alam Howlader’s?

Witness: 1km straight to the west.

Defence: East to your house is Parerhat Bazaar?

Witness: yes

Defence: Do you know the relationship between Chittaranjan Talukder and Satish Bala?

Witness: I don’t know.

Defence: Do you know the relationship between Anil Howlader and Harendranath Chakrabarti?

Witness: They were neighbours; that’s all I know

Defence: Do you know of relationship between Nalita Bali and Muken Chakrabarti?

Witness: no

Defence: There are six brothers including you in your family. All of them are alive.

Witness: Out of our eight brothers, six are now alive

Defence: Who is the eldest of the six?

Witness: I am.

Defence: What’s the age difference between you and your immediate younger brother?

Witness: Mohsin Howlader is eight years younger than me.

Defence: Was your father alive in 1971?

Witness: He is still alive.

Defence: Can you name the owners of the 20-22 houses that you had mentioned were burnt?

Witness: I can name most of them, but not all.

Defence: You didn’t tell the IO that Allama Delwar Hossain Sayedee with Danesh Ali Molla, Maulana Moslemuddin, Sekander Ali Shikder and others had organised Peace Committee in the end of April, and that the Razakar forces was formed 2-3 days later.

Witness: I can’t remember

Defence: Have you mentioned the above lines in your statement given to the Magistrate?

Witness: I don’t know

Defence: You didn’t tell the Magistrate that, “In the morning of June 2, 1971, I was going to Parerhat”.

Witness: I did.

Defence: You didn’t tell the IO that, “houses of Anil Mandal, Nalita Bali, Harendranath Chakrabarti, Muken Chakrabarti, Satish Bala, Chittaranjan Talukder and Robi Talukder had been burnt, plundered.”.

Witness: I can’t remember.

Defence: You didn’t tell the Magistrate that, “On June 2, 1971, at around 10-10:30 am, Peace Committee’s Sekander Shikder, Danesh Ali Molla, Delwar Hossain Shikder (now Sayedee) and Moslem Maulana were entering Umedpur’s Hindu locality, accompanied by armed Razakars and Pakistani soldiers.

Witness: I can’t remember.

Defence: You didn’t tell the Magistrate that these people had plundered and divided the loot amongst them.

Witness: I can’t remember

Defence: You didn’t tell the Magistrate that you had seen Bisha Bali being shot.

Witness: not true.

Defence: You didn’t mention of loot at Mahbubul Alam’s house in your statement given to the Magistrate.

Witness: I can’t remember

Defence: In your statement to the IO you haven’t mentioned that, Madan Saha’s house (/room) had been dismantled and taken to Sayedee’s in-laws.

Witness: I can’t remember

Defence: What’s the name of Tayab Ali mistiri’s (carpenter) uncle?

Witness: Ishak Ali Howlader.

Defence: Their village?

Witness: Togra.

Defence: Whose is the jungle where you’d hidden yourself?

Witness: Jonab Ali Sheikh’s

Defence: The jungle isn’t there anymore.

Witness: Shah Alam Chairman’s holiday home exists in that place now.

Defence: Is Shah Alam Chairman’s house adjacent to it?

Witness: no, Aziz Talukder’s house is in the middle.

Defence: Is this Shah Alam Chairman’s ancestral property or his own?

Witness: He bought it.

Defence: You went to Parerhat Bazaar regularly in 1971.

Witness: Yes since I went to school.

Defence: No one had stopped you from filing a case against after 1971.

Witness: no. I haven’t filed a case till now

Defence: You haven’t brought any accusation against Sayedee.

Witness:

Defence: You pay income tax

Witness: no

Defence: You have lied about Peace Committee being formed at Sayedee’s direction, and Razakar forces being organised 2-3 days after that.

Witness: not true.

Defence: You have lied about seeing Peace Committee’s Sekander Shikder, Danesh Ali Molla, Delwar Hossain Shikder (now Sayedee) and Moslem Maulana entering Umedpur’s Hindu locality, on June 2 1971, at around 10-10:30 am accompanied by armed Razakars and Pakistani soldiers

Witness: not true

Defence: You have lied about Bisha Bali being strapped to a coconut tree and shot after Sayedee said something in Urdu.

Witness: not true.

Defence: You have lied that you had seen Sayedee walking on the road on the west; being frightened, you went to your house using a different route. When you reached home, you heard that those Razakars had plundered freedom fighter Mahbubul Alam’s house.

Witness: not true

Defence: You have lied that you went to Parerhat in the middle of June and saw that Delwar Hossain Sayedee had made Tayab Ali dismantle Madan Saha’s room and taken it to his in-law’s place.

Witness: not true

Defence: Bisha Bali had died in a different way at a different place

Witness: no he was killed in his house.

Defence: Until mid-July (of 1971) Allama Delwar Hossain Sayedee was not in Parerhat area.

Witness: not true

Defence: At that time, you were a student of either year five or year six. You have made up the statement that you went to Parerhat Bazaar regularly and observed the event of 2 June.

Witness: I was a student of year ten back then.

Defence: You don’t have any specific job. Since you are an Awami League leader, at local MP Auwal’s direction you’ve stayed in Dhaka under government supervision, enjoyed all government facilities and took training to file a false case against Sayedee.

Witness: It’s an utter lie.

Nizamul Haque: Witnesses have been kept under government supervision to provide them with security. Are you referring to that?

Mizanul Islam: The court had passed order to give protection, not to train them.

26 Dec 2011: Azam charges sent back

Today's date was set for a cognisance hearing relating to Gholam Azam, the former leader of the Jamaat-e-Islami. The prosecution had submitted formal charges against him on 12 December.

Justice Kabir read out the order:

'Today is fixed for passing an order in the matter of cognisance of offence against Ghulam Azam. We have perused formal charges, investigation report, statement of witnesses and other documents annexed herewith. The formal charge as submitted by the prosecution appears to have been prepared in a scattered way. The alleged charges have not been properly arranged and classified and thus those are not in an orderly form.

Let the formal charges along with document submitted by prosecution be returned to the learned Chief Prosecutor for resubmitting the same afresh in a systematic form in the office of the registrar by 5/1/2012.'

The following is an extract of a report published by the Daily Star the next morning.

After the tribunal passed the order, Ghulam Azam's chief counsel Barrister Abdur Razzak told reporters that prosecutors have failed to submit the formal charges against his client in legal way although they have investigated the allegations against him for more than two years.

The formal charges were not properly classified and specified which proved that they have brought the allegations against his client to politically harass him.

Meanwhile, chief prosecutor Ghulam Arif Tipu told reports that the charges against Ghulam Azam were right but those will have to be rearranged specifically as per the tribunal order.

The former Jamaat ameer has been charged with 52 counts of crimes against humanity, which include leading mass murder of intellectuals on December 14, 1971 and the killing of 38 prisoners of Brahmanbaria jail.

The charges pressed by the prosecution on the day also held Ghulam Azam responsible for all atrocities committed across the country between March 25 and December 16, 1971.

22 Dec 2011: Sultan cross examination

This was the first and only day for the cross examination of the prosecution witness number four, Mr Sultan Ahammed Hawlader which was carried out by defence lawyer Mizanul Islam.

Prior to the start of the cross examination, Islam mentioned that the lower courts are closed in December and the both the Appellate Division and High Court Division of the Supreme Court of Bangladesh are also closed almost 4 months in a year, but that the trial hearing is continuing without any vacation, and they request that the Tribunal consider this matter.

Justice Nassim said that there would be a few days holiday in the weekend and providing holidays would delay the trial. Islam requested that they be given a few more days holiday over and above the weekend. Nasim said that he would think about it.

Witness evidence in chief

Below is an unofficial translation of the cross examination. (Notes and translation undertaken by Fazle Elahi. Every attempt has been made to ensure accuracy, but there may be some small omissions.)

Defence: Are you an enlisted/registered freedom fighter?

Witness: No. I am not a freedom fighter at all.

Defence: You have recently applied for enlisting your name in the Register of the freedom fighters which was referred by your local MP AKMA Awal and he issued a D.O. letter thereof. Is that true?

Witness: It is not true. However, I have applied for enlisting myself an ‘associate’ freedom fighter.

Defence: Do you know Kader Kazi s/o Janab Ali Kazi of Parerhat area?

Witness: Yes. I know him.

Defence: The said Kader Kazi filed a criminal case against you on the accusation that you have stolen banana from his banana field and the court passed a sentence against you finding you guilty of that, is that true?

Witness: Not really. I have got problems with him in respect of land. He filed the case out of malice. I have appealed against the decision of the court and I got bail from the same court.

Defence: In which court?

Witness: In the High Court (Division of the Supreme Court of Bangladesh).

Defence: Can please tell us is that revision petition or appeal petition?

Witness: I want to give an explanation if the Tribunal permits me. (permission granted) After 1975 (just after the assassination of father of the nation Sheikh Muzibur Rahman), there was a trend that to file cases against rivals out of malice for the purpose of political or financial gain. This is a case likewise. After the case was filed, I settled it down with the plaintiff Kader Kazi and my lawyer said you do not need to come to the court as it has been settled down. However, after 10 years the court pronounced its judgement ex parte (without my presence) against me. I have not got a single summons from the court before pronouncing the same. Therefore, I did not defend myself in the court in that matter.

Defence: Kader Kazi is your relative, isn’t he?

Witness: Sort of. Distant relative. He has got married with my paternal niece.

Defence: There is a theft case against you in the Barisal Session Judge’s Court on the accusation that you stole fishing trawlar (engine boat), is that true?

Witness: Yes.

Defence: Do you know the father’s name of Ibrahim alias Kutti?

Witness: I cannot remember.

Defence: Do you know where he is from?

Witness: Most probably from Baroikhali. So far I can remember, his father-in-laws house is there.

Justice Kabir interrupted in this stage and asked the Witness to answer whatever he had been asked; not otherwise.

Defence: Do you know Shahi Uddin of village Badura is still alive or not?

Witness: I do not know.

Defence: Chighuliya and Badura are adjacent village, right?

Witness: Yes.

Defence: What is the name of the wife of Ibrahim alias Kutti?

Witness: I do not know.

Defence: Have they got any children?

Witness: I do not know that as well.

Defence: Where is his father-in-laws house?

Witness: I have already told that most probably his father-in-law’s house is Baroikhali.

Defence: The name of Ibrahim alias Kutti’s father-in-law is Ajgar Ali, right?

Witness: I do not know.

Defence: His brother-in-law’s name is Shaheb Ali alias Shiraj Uddin?

Witness: No idea.

Defence: Do you know Danesh Ali Molla s/o Naimuddin Molla who is a Chairman of Parerhat Union Parishad?

Witness: Yes I do know him. He was my teacher. He is an ex-chairman and he was elected for once.

Defence: Do you know Atahar Ali Hawlader s/o Ainuddin Hawlader?

Witness: I do not know him.

Defence: Who was the chairman of peace committee at Prottashi union?

Witness: No idea.

Defence: What about Asrab Ali? Do you know him?

Tajul Islam raised an objection in this time on the allegation that the prosecutors were giving signal by nodding their head and helping the Witness in answering the questions on their way. The request the humble Tribunal to ask the Witness to answer the question looking at the judges. Mr Justice Nassim asked the prosecutors not to repeat this again as otherwise they will require the specific prosecutor to leave the court room.

Defence: Do you know Abdul Mannan of village Badura?

Witness: No.

Defence: Do you know Ayub Ali of village Baruikhali?

Witness: No.

Defence: Do you know Ruhul Amin s/o Anwar Hossian of Parerhat?

Witness: I cannot answer this without knowing the surname of said Ruhul Amin. I know a Ruhul Amin who was a Rajakar.

Defence: Do you know Abdul Munshi s/o Momin Al Munshi of village Baroikhali?

Witness: No.

Defence: Do you know Mobin Uddin s/o Abdul Goni of village Gazipur?

Witness: Yes, I know him. He was a Rajakar.

Defence: Do you know Sekendar Ali Shikder s/o late Mansur Ali Shikder of village?

Witness: Yes. He is my brother-in-law (paternal cousin’s husband). He was president of peace committee of our area in 1971.

Defence: And Danesh Ali Molla was the Secretary of that peace committee, right?

Witness: Yes.

Defence: Do you know Shamsur Rahman who was the Assistant Sub-Inspector (ASI) of Pirojpur police station in 1971?

Witness: No.

Defence: Do you know Moslem Maulana s/o Modasser Ali of village Badura?

Witness: Yes. He was also a member of peace committee of our area.

Defence: Is that true he is now involved with the politics of Bangladesh Awami League?

Witness: It is not true.

Defence: Now I am saying that he is the president of Awami Olama League, what do you say?

Witness: Not true.

Defence: I have mentioned 12 peoples name so far. Apart from the president, secretary, member of the said peace committee mentioned earlier and the then ASI of Pirojpur P.S., other 8 people I named were rajakars, is that true?

Witness: I do not know.

Defence: Do you know Abdur Razzak, Delwar Hossain, Taher Ali Hawlader, Abdus Sattar Hawlader, Setara Begum, Rani Begum Azhar Ali Hawader, Md. Ali and Mokbul Shikder of village Baroikhali?

Witness: I do not know anyone’s name from the Baroikhali village. However, I might know some of them by face.

Defence: From 7 March 1971 until Pakistani Army came to Pirojpur, Pirojpur sub-division was under control of the people who supported the liberation war, is that true?

Witness: It is not true.

Defence: The current Jiban Nagar upazilla was under Pirojpur sub-division then, right?

Witness: Yes.

Defence: Do you know when and where the first peace committee was formed in the East Pakistan?

Witness: I do not know.

Defence: Do you know who were the president and secretary of that committee?

Witness: I do not know.

Defence: Do you know when and where the rajakar force was first formed in the East Pakistan?

Witness: I do not know.

Defence: Do you know who were the president and secretary of that rajakar force?

Witness: I heard that Golam Azam was the president/secretary of that committee.

Defence: Who were the president and secretary of the peace committee of Pirojpur sub-division?

Witness: I cannot say. However, some Afzal Saber was involved in that committee.

Defence: When did the peace committee of Pirojpur sub-division was formed?

Witness: I cannot remember.

Defence: Have you heard about the name of the rajakar commander Manik Khandaker of Pirojpur sub-division?

Witness: I have heard his name.

Defence: He was killed by his paternal cousin liberation force commander Shamu Khandaker, is that true?

Witness: I do not know that.

Defence: Do you know another liberation force commander of Pirojpur sub-division named Amir Ali?

Witness: No. I do not know him.

Defence: Do you know the names of president and secretary of peace committee and commander of rajakar force by police station-wise of the then Pirojpur sub-division?

Witness: No.

Defence: Are you from Shangkar Pasha Union?

Witness: Yes.

Defence: Basically people from Shankar Pasha Union control the business of Parerhat market place?

Witness: Not true. The business of Parerhat market place is controlled by the people of both of the unions.

Defence: Well, most of the businessmen are from Shankar Pasha Union, right?

Witness: Partially true.

Defence: In 1971 you were the inhabitant of which ward of Shankar Pasha Union?

Witness: I cannot remember whether or not there was any ‘ward system’ then. However, subsequently our area fell under ward No. 3 whenever ‘ward system’ been introduced.

Defence: Can please tell us before 1971 Union Parishad elections were held by ward-wise or whole union-wise altogether?

Justice ATM Zahir: I think we should impose restriction on making question because I do not see any relevancy of such a question how the election used held before 1971 with the accusation against Delwar Hossain Sayedee.

Defence: Definitely you can impose restriction on making questions to prosecution witnesses; however, to me it is relevant My Lord.

Justice ATM Zahir: OK. Proceed.

Witness: I do not have any idea how the Union Parishad elections used to hold before 1971.

Defence: Who were the president and secretary of peace committee of Shankar Pasha Union?

Witness: There was no such peace committee in 1971 at our union.

Defence: Who were the commanders of rajakar force of Shankar Pasha Union?

Witness: There was no rajakar force at our union in 1971.

Defence: Do you know the rajakar commander Ekram Khalifa from Shankar Pasha Union?

Witness: Ekram Khalifa was not a rajakar.

Mi: Do you know someone named Ekram Khalifa from village Shankar Pasha of Shankar Pasha Union?

Witness: Yes.

Defence: You have stated in your witness statement that you were the student of Sohorawardi College in 1971. Now my question is what was name of govt. college in Pirojpur then?

Witness: There was no other college in Pirojpur in 1971 apart from the said Sohorawardi College. This college has become the govt. college of Pirojpur afterwards.

Defence: Where did you live in Pirojpur in 1971? How far was the place from your college?

Witness: Near the college. At the southern side. It was approximately 100-150 yards from the college.

Defence: Who was the Principal of the college then?

Witness: I cannot remember the name at this moment.

Defence: Prosecution witness number 2 Ruhul Amin Nabin was a student of your college, right?

Witness: Yes.

Defence: He was senior/junior to you in the college?

Witness: He was senior to me.

Defence: Prosecution witness number one Mahbubul Alam was your junior in the college. Is that true?

Witness: It is not true.

Defence: Prosecution witness number one Mahbubul Alam filed a case against Delwar Hossain Sayedee in Pirojpur Court. Is that true that you were a witness in the said case?

Witness: True.

Defence: You were also a witness in another case against Delwar Hossain Sayedee filed by Manik Pashari, right?

Witness: I cannot remember exactly. However, he called me to become witness for that case.

At this stage, defence counsel Tajul Islam again brought the matter before the Tribunal that prosecutors were giving signals to Witness. Both Justice Nassim and Justice Zahir scolded the prosecutors for that and warned them.

Defence: You were not involved in any politics from 7 March 1971 to 1 May 1971, right?

Witness: True.

Defence: What is your present profession?

Witness: Small business and agriculture.

Defence: Before becoming witness in this case, you have never become witness against Sayedee in any other case, is that true?

Witness: It is not true.

Defence: Have you become witness in the Gono Adalat (people’s court) in 1992?

Witness: No.

Defence: What about Gono Todonto Commission (People’s Investigation Commission)? Did you submit any accusation against Sayedee there?

Justice ATM Zahir: I shall not take the question because there is no evidence that he made such accusation or became witness in such court. Therefore, I am imposing restriction on this question.

Defence: You went to Chief Investigating Officer (CIO) with Prosecution witness number two Ruhul Amin Nabin, right?

Witness: Not true. I went to CIO alone.

Defence: From whom you got the information that CIO is collecting evidence against Sayedee?

Witness: From Manik Pashari.

Defence: When did you get the information that CIO is collecting evidence against Sayedee?

Witness: Most probably on 18/08/2010.

Defence: And when did you been to CIO to give evidence?

Witness: On the same day.

Defence: What was the time then?

Witness: Most probably 11 am or 11:30 am.

Defence: Where did you give the witness statement against Sayedee?

Witness: On the road in front of Manik Pashari’s house.

Defence: How did CIO take it? In written form or as video?

Witness: In written form. However, he has also got his laptop with him.

Defence: Was PW1 Mahbubul Alam Hawlader present there?

Witness: He was not there.

Defence: Was Mostafa Hawlader s/o late Yousuf Hawlader from village Hoglabunia present there?

Witness: Most probably he was there. However, I am not sure about that.

Defence: Name 2/1 persons who were present there as well.

Witness: Freedom fighter Salim, brothers of Manik Pashari, some journalist and a lot of inhabitants of that area.

Defence: How long you stayed there?

Witness: I left the place by 12 pm – 12:30 pm I guess; just after giving my witness statement.

Defence: Who were the other people that the CIO took witness statement from them then?

Witness: From a lot of people.

Defence: Name some of them.

Witness: Manik Pashari, Mostafa, another Manik from Umedpur..I have forgotten the name of others.

Defence: Most of the Hindus of Pirojpur Sadar P.S. left for India at the first instance of Independence War, right?

Witness: Not true.

Defence: In your area, have heard any speaking/making conversation in Arabic since 1971?

Witness: No idea. Neither I can distinguish Arabic from Urdu nor I understand either of the language.

Defence: You have told in your witness statement that you have heard that 22 kgs of gold and silver owned by Makhan Shaha was looted by rajakars which was buried in the soil. They had to dig the soil to loot the same. Do have any idea how long it took to dig the soil?

Witness: I was not present there; therefore, I do not have idea.

Defence: Have you seen that hole afterwards? What do you think how many people they needed to dig the same?

Witness: Yes. I have seen the hole afterwards. However, I do not have any such experience of digging holes. Therefore, I do not have any idea how long it took to dig the same.

Chief Prosecutor Golam Arif Tipu raised an objection on this question as basically the duration of digging a hole depends on how many people are being employed for digging the same. Justice ATM Zahir agreed with him.

Defence: You have also mentioned in your statement that you have seen another 20/25 holes in your area dug by rajakars for purpose of looting those who had buried their gold and money for safety. Do you know how long it took to dig 20/25 holes?

Witness: No idea.

Defence: In the National Election of 2008 you took part in the canvassing of Sayedee's opponent, is that true?

Witness: It is not true.

At this stage there was a change in the defence counsel. Advocate Kofil Uddin came to the dais and continued the examination in chief.

Defence: When did the theft case in respect of stealing banana file against you?

Witness: I cannot remember the date.

Defence: When did you make the appeal at judge court?

Witness: I did not make the appeal. Basically, I was acquitted from the Additional District Magistrate (ADM)'s Court. The plaintiff made the appeal afterwards against the judgement of ADM.

Defence: When did the judge of judge court pronounce the judgement of the appeal?

Witness: I cannot remember the date.

Defence: When did you make the appeal at the High Court Division of the Supreme Court of Bangladesh against the judgement of judge court?

Witness: I cannot remember at this moment.

Defence: You are a Muslim. Can you please tell us what was the date of Eid-ul-Fitr this year?

Witness: I cannot remember the exact date.

Defence: What about Eid-ul Azha? Can you please tell us the date?

Tribunal: It is an irrelevant question. Even we will not be able to remember the exact dates of the two of the most important holy festivals although we are Muslims by faith.

Defence: He is a super natural person My Lord!

Justice Nassim: The prosecution witnesses have come here on the summons issued by this Tribunal. And you do not have any right to insult them. We are under ethical obligation to protect their reputation and honour. I am giving you warning not to try the same further.

Defence: How did I insult the prosecution witness, My Lord?

Justice Nassim: You have done the same by addressing the Witness as a super natural person.

Defence: I am sorry about that.

Defence: Very recently there was a change in the cabinet members. Do you know when did it take place?

Witness: I do not know. I live in a village. Therefore, I do not have any scope to know that.

Defence: Where did you stay in Pirojpur when you were a college student?

Witness: Near the college. At western side.

Defence: Do you know Krishna Nagar near the Pirojpur town?

Witness: I did not know the place in 1971, however, now I know the place.

Defence: How far is Krishna Nagar from your college?

Witness: About 1 km to 1.5 km.

Defence: The court and other offices are situated in the Krishna Nagar area, is that true?

Witness: Yes.

Defence: Do you know Yousuf Ali Mallik or his son Anwar Hossain Mallik, Liyakat Hossain Mallik, Delwar Hossain Mallik of Krishna Nagar area?

Witness: No, I do not. I do not know anyone of that area.

Defence: He was imprisoned for two years for his involvement in rajakar force in 1971, do you know that?

Justice ATM Zahir: It is a redundant question as he has already told that he does not know Yousuf Ali Mallik. Therefore, I am not taking the question.

Defence: Do you know any rajakar named Delwar Hossain Mallik from Pirojpur Sadar?

Witness: I do not know.

Defence: You have told in your statement that Delwar Hossain Shikdar is basically Delwar Hossain Sayedee. Now I am saying that it is not true. What do you say?

Witness: What you are saying is not true.

Defence: Before giving witness statement in this case you have not told to CIO or any other person the name of Delwar Hossain Shikdar.

Witness: This is not true.

Defence: I am further saying that you are trying to impose the criminal liability of Delwar Hossain Mallik and Delwar Hossain Shikdar on Delwar Hossain Sayedee’s name taking advantage the similarity in the names listening to those who are guiding/directing you in this behalf.

Witness: This is not true.

Defence: How many siblings do you have?

Witness: 7 brothers and 2 sisters.

Defence: Among your brothers has anybody already died?

Witness: Yes. 4 of them died.

Defence: What are and were the profession and education of your brothers?

Justice ATM Zahir: You cannot ask any question about deceased persons. So Witness can only answer about his surviving brothers.

Witness: All of them are farmers by profession and none of them had not pass Secondary School Certificate Examination.

Defence: Did anybody of your family take part in any local elections?

Witness: No.

Defence: Pirojpur Sadar and Zia Nagar area are under the same constituency for the purpose of national election, right?

Witness: True.

Defence: In your area who are the majority - people on supporting the Independence War or the people against the Independence War?

Witness: People supporting the Independence War for sure.

Defence: The number of rajakar/albadar/people against the Independence War are very poor, arn’t they?

Witness: True.

Defence: In 1996 and 2001, Delwar Hosssain Sayedee was elected the Member of the Parliament (MP) getting vast majority over others. Is that true?

Witness: It is true.

Defence: In 2008, in the national parliamentary election he was not elected as MP losing only by a small number. Is that true?

Witness: I do not have any idea whether the difference was more or less.

Defence: He became MP twice. When he became MP, were not the people aware of the fact that he was a rajakar? Did not his opponant put the information in his leaflet that he was a rajakar?

Justice ATM Zahir: I cannot take the question for two reasons- (i) Witness cannot tell about others’ opinion, he can only give his opinion; (ii) it is a violation of Election Rules to attack someone personally to let down his reputation.

Defence: It is a fact that, in that area before Sayedee, every time the person nominated by Awami League became the MPs?

Witness: True.

Defence: Being jealous to Sayedee’s popularity, under the direct control and assistance by your local MP AKMA Awal and leaders of the Central Awami League, you are giving false evidence in this case. Is that true?

Witness: It is not true.

Defence: Cases filed by Prosecution witness number one Mahabubul Alam and Manik Poshari in Pirojpur Judge Court you agreed to become witness. However, you did not go to the court to give evidence finally.

Witness: It is not true.

Defence: You have mentioned four rajakars’ name in your witness statement. Where are they from?

Witness: Danesh Molla used to live in Parerhat. However, he is basically from Baroi Khali. Moslem Maulana is from Badura, Sekender Shikhder is from Hogla Buniya and Delwar Hossain Shikder alias Delwar Hossain Sayedee used to live at his father-in law’s house at Parerhat.

Defence: What were their professions in 1971?

Witness: Danesh Molla was a high school teacher; Sekender Shikhder was from a well being family, therefore, he did not have a profession. He used to preside as a judge in the village courts. Moslem was a Moulana. He did not do anything specifically. I have heard that Sayedee was a Moulovi when he got married and start staying at his father in-law’s place at Parerhat.

Defence: How do you know them?

Defence subsequently withdrew that question because one of the prosecutors has given the answer instead of Witness.

Defence: You have described in your witness statement the incidents happened/occurred 40 years ago. Did you describe the same from your memory or you took notes of that in post-1971 period?

Witness: I have described those incidents from my memory.

Defence: You have stated in your witness statement that in May, 1971, the rajakars of your area took the side of the Pakistani Army and promised to help them every possible way. Was you present at that place?

Witness: No, I was not there.

Defence: You have also stated that rajakars used to hand over women and girls to the Pakistani Army forcefully knowing that they are going to be raped by the Pak Army. Have you ever seen that?

Witness: No, I have just heard about that.

Defence: You have not even heard that. Is that true?

Witness: No, it is not true.

Defence: You have also stated that the rajakars tortured Mofiz, Manik Posari’s servent. Subsequently he escaped from rajakars’ camp. Did you go to see him after he escaped? Did you see where he had got wounds?

Witness: Yes, on the next day he escaped. He had got wounds everywhere in his body.

Defence: Was he bleeding anywhere?

Witness: Yes. I saw blood on his back and thighs.

Defence: When did you see that?

Chief Prosecutor: On the next day.

Defence raised an objection against the Chief Prosecutor for answering the question basically asked to Witness. Justice ATM Zahir accepted this told him off for doing that.

Witness: The next day he escaped.

Defence: Where did you see him?

Witness: At Manik Posari’s house.

Defence: Did you ask him when had he escaped?

Witness: In the early morning.

Defence: Anyone of your family did not take part in the Liberation War. Is that true?

Witness: Yes, it is true.

Defence: You did not suffer any loss. E.g: your house or shop was not looted or burnt, right?

Witness: We had nothing to lose.

The Tribunal was adjourned for an hour.

At 2pm, the defence lawyers were ready, and the justices were seated and cross examination started without any of the prosecution lawyers being present who cam 15 minutes later

Defence: You have said that you or your family do not have any property, right?

Witness: It is not true. We did not have in 1971.

Defence: Do you run any established business? I mean you pay taxes or got trade licence?

Witness: No.

Defence: You are involved with grabbing lands of innocent people of your area?

Witness: It is not true.

Defence: For this there are civil cases and injunctions against you, however, you do not care about that.

Witness: Not true.

Defence: You, along with you brother, grabbed 10 bighas (more than 1 acre) of land in the Chitolia Char (newly raised land from river) forcefully, is that true?

Witness: It is not true.

Defence: Have you signed anywhere in the investigation period of the present case?

Witness: I have signed once before the Chief Investigation Officer in my statement before him.

Defence: When did you come to Dhaka to become prosecution witness for this case?

Witness: 3-4 days ago.

Defence: Did you come to Dhaka before this time?

Yes: Yes.

Defence: When was your latest visit to Dhaka apart from this one?

Witness: I cannot remember the exact date.

Defence: How long did you stay?

Witness: 2 days.

Defence: With whom you have come to Dhaka this time?

Witness: Alone.

Defence: What about last time?

Witness: With the Chief Investigation Officer Salim Khan.

Tribunal members interrupted and said that we are here to try cases of special nature and the Witness Protection Order passed by this tribunal itself requires the Chief Investigation Officer/IO to bring the witnesses to court with them and keep them in a safe house and to provide sufficient police protection while bringing them in the court and taking them back to the safe house.

Defence: Are you aware of the fact some of the prosecution witnesses are present in this court? Can you please point out them?

Witness: Yes. I can see Mahabubul Alam (PW1) is present here. (pointed out him)

Defence: Have you told anything extra apart from whatever you have stated in this Tribunal?

Justice ATM Zahir: It is an absurd question because you can only take into consideration and ask questions about whatever he said/stated already. We cannot allow any question which he has not even said/stated.

Defence: Have you been to Sundarban during the war of 1971?

Witness: Yes, in September 1971.

Defence: How far is Manik Pashari’s house from yours?

Witness: Some 100 - 200 yards.

Defence: Is that true that Halim Talukder’s homestead is situated between your and Manik Pashari’s house?

Witness: Not true.

Defence: Well, Halim Talukder homestead then situated at the southern side of your one?

Witness: True.

Defence: There is pool (culvert/bridge) near Parerhat marketplace, right?

Witness: Absolutely right.

Defence: There is a Kali (Hindu Goddess) Mandir (praying place for Hindus) just next to the pool (culvert/bridge), is that true?

Witness: True.

Defence: The Mandir was situated there long before 1971, right?

Witness: No. It was not there in 1971.

Defence: You have mentioned the house of Gani Hazi in your statement. The house just next to Kali Mandir, right?

Witness: The house is adjacent to the pool (culvert/bridge); not beside the Kali Mandir.

Defence: Now please listen carefully. You have stated in your witness statement (herein after WS) that you went to your own village Parerhat from Pirospur on 1 May 1971. I am saying, you did not tell the same to the Chief Investigation Officer. What do you say?

Witness: I cannot remember whether I have told the same to the Chief Investigation Officer or not.

Defence: You further stated in you WS, “Just after arriving at Parerhat I came to know that the peace committee had been formed headed by Delwar Hosaain Sayedee” – you have not told the same to the Chief Investigation Officer, is that true?

Witness: It is not true.

Defence: You further stated in you WS, “On May 7, 1971 morning I went to Parerhat marketplace and stayed at my close relative Gani Hazi’s place which is adjacent to the Parerhat marketplace. I peeped through a window and saw the rajakar commanders Danesh Molla, Moslem Maulana, Sekender Shikder and Delwar Hossain Shikder alias Delwar Hossain Sayedee were waiting for the Pakistani Army to come” – you have not mentioned the same to the Chief Investigation Officer, is that true?

Witness: It is not true.

Defence: You further stated in you WS, “I came out from the house of Danesh Molla to see what is happening. After while the Pakistani army came and rajakar Delwar Hossain Shikder alias Delwar Hossain Sayedee, raising his hand, was showing them the shops and houses of Hindus and Awami League supporters. The rajakars started looting and the people started running here and there in fear. I came back to Danesh Molla’s house then.” – you have not told the same before the Chief Investigation Officer, is that true?

Witness: It is not true.

Defence: You further stated in you WS, “After about one and half hour or two hours, I came to know that the Pakistani force is approaching to the southern side of the marketplace with an intent to set camp in the Raj Laxmi High School.” – you have not state that before the Chief Investigation Officer, is that true?

Witness: It is not true.

Defence: You further stated in you WS, “Then I went out again and heard that at least 30-35 houses had been looted by rajakars headed by Sayedee.” – you have not mentioned this information to the Chief Investigation Officer, what do you say?

Witness: It is not true.

Defence: In your statement you have stated that you have heard that 22 KGs of gold and silver had been looted from a shop, however, you did not mention the name of the shop owner Makhan Saha, right?

Witness: Not true.

Defence: You further stated in you WS, “Hearing that news, I approached further with intent to see the goods grabbed through looting and I found the same near the Kheya Ghat (boating/ferry dock). I saw that the rajakars were distributing the goods among themselves headed by Delwar Hossain Sayedee.” – you have not mentioned the same before the Chief Investigation Officer, is that true?

Witness: Most probably I have told the Chief Investigation Officer the same.

Defence: You further stated in you WS, “I came to know afterwards and saw after going there physically that grabbing someone’s house near the Kheya Ghat (boat/ferry dock), the rajakars opened a shop which was being owned and controlled by Delwar Hossain Sayedee with intent to sell the goods he owned by looting.” – you have not stated the same to the Chief Investigation Officer, is that true?

Witness: Most probably I have told the same to Chief Investigation Officer.

Defence: You have not even mentioned that you had seen that rajakars took away Ibrahim alias Kutti and Mafiz tiding them with rope while giving statement before the Chief Investigation Officer, right?

Witness: I told the same to the Chief Investigation Officer.

Defence: You further stated in you WS, “...Delwar Hossain Shikder alias Delwar Hossain Sayedee was talking to Pakistani Army secretly and at moment suddenly I heard the sound fire opening and shouting of people. Being scared, I left place instantly. On the next day, I heard that the Pakistani Army killed Ibrahim alias Kutti and threw him in the river and took Mafiz with them.” – you have not told this fact to the Chief Investigation Officer, is that true?

Witness: It is not true. I told him the fact.

Defence: You further stated in you WS, “...In May 1971, I been to Parerhat marketplace with paternal uncle to buy fish. At time saw that destroying Makhan Saha’s house rajakars headed by Delwar Hossain Shikder alias Delwar Hossain Sayedee is stocking the goods he got from that house in a Bajra (big boat). I waited there for few minutes.” – you have not mentioned the same before the Chief Investigation Officer, is that true?

Witness: It is not true.

Defence: You have not even mentioned the fact to the Chief Investigation Officer that rajakars headed by Delwar Hossain Shikder alias Delwar Hossain Sayedee forcefully converted Vanu Shaha’s family including his father and brothers in Muslim and made them bound to say prayer at Mosque – is that true?

Witness: It is not true.

Defence: You have not stated the fact to the Chief Investigation Officer that all the women and girls from Parerhat who were raped and tortured by Pakistani force left Bangladesh for India just after the liberation war– is that true?

Witness: Not true.

Defence: How long the Pakistani Army took to set up camp in the Raj Laxmi School?

Witness: I do not know.

Defence: When did you sat for your Secondary School Certificate (SSC) Examination?

Witness: In 1969. And I passed in 1970.

Defence: So how many times you sat for the SSC Examination?

Witness: For once. The result was published in 1970. (so far I know it was delayed due to the natural disaster e.g. cyclone and flood in 1969-1970)

Defence: You already admitted among your 7 brothers, 4 of you are alive. Now among these 4, how many of them are elder than you?

Witness: 2 of them is elder than me.

Defence: Did Delwar Hossain Shikder alias Delwar Hossain Sayedee’s father-in-law own any property in Parerhat marketplace?

Witness: Yes, he was the owner of a shop. However, he did not own any homestead in/near Parerhat marketplace.

Defence: Ekabbor Biswas s/o Yunus Ali Biswas filed a theft case against you in the Pirospur Sadar P.S. on the allegation that you stole paddy from his field- is that true?

Witness: It is not true.

Defence: You have admitted in the examination in chief and stated in your witness statement that Gani Hazi is your relative. I am saying that he is not your relative- what do you say?

Witness: What you are saying is not true.

Defence: You have admitted in the examination in chief and stated in your witness statement that peace committee was formed and headed by Delwar Hoassin Shikder alias Delwar Hossain Sayedee. I am saying that it is not true- what do you say?

Witness: What you are saying is not true.

Defence: You have admitted in the examination in chief and stated in your witness statement that Delwar Hoassin Shikder alias Delwar Hossain Sayedee was a rajakar commader of Parerhat and on 7 May 1971 he along with other rajakars was waiting for Pakistani Army to come at Parerhat. I am saying that it is not true- what do you say?

Witness: What you are saying is not true.

Defence: You have admitted in the examination in chief and stated in your witness statement that Delwar Hoassin Shikder alias Delwar Hossain Sayedee pointed out the shops and homestead of Hindus and Awami League supports raising his hands. I am saying that it is not true- what do you say?

Witness: What you are saying is not true.

Defence: You have admitted in the examination in chief and stated in your witness statement that you have heard that 30-35 shops and houses had been looted. I am saying that you did not even hear that- what do you say?

Witness: What you are saying is not true. I have heard that.

Defence: You have admitted in the examination in chief and stated in your witness statement that you have heard that 22 KGs gold and silver had been looted from a shop. I am saying that you did not even hear that- what do you say?

Witness: What you are saying is not true.

Defence: You have admitted in the examination in chief and stated in your witness statement that you have seen that the goods of loot and also seen that those goods were being distributed among rajakars headed by Delwar Hossain Shikder alias Delwar Hossain Sayedee. I am saying that you did not even see that- what do you say?

Witness: What you are saying is not true. I saw that.

Defence: You have admitted in the examination in chief and stated in your witness statement that you have heard that the rajakars made camp capturing Fakir Das’s building. I am saying that you did not even hear that- what do you say?

Witness: What you are saying is not true.

Defence: You have admitted in the examination in chief and stated in your witness statement that on 8 May 1971 some 10-15 houses were looted including Manik Pashari’s house. I am saying that it is not true- what do you say?

Witness: What you are saying is not true.

Defence: You have stated in your witness statement that Delwar Hoassin Shikder alias Delwar Hossain Sayedee (i) took away Manik Pashari’s paternal cousin Ibrahim alias Kutti and his servent Mafiz tiding them with rope, (ii) was speaking to Pakistani Army secretly and you heard the sound of fire opening and people’s shouting/screaming. I am saying that these are not true at all- what do you say?

Witness: What you are saying is not true.

Defence: You have stated in your witness statement that as Delwar Hoassin Shikder alias Delwar Hossain Sayedee could speak Urdu and belongs to impressive personality, he maintained all sort of communications. I am saying your this statement is not true- what do you say?

Witness: What you are saying is not true.

Defence: You have stated in your witness statement that Delwar Hoassin Shikder alias Delwar Hossain Sayedee along with other rajakars helped killing, looting, setting fire and supplying women and girls to the Pakistani Army so that they could rape them. I am saying that it is not true- what do you say?

Witness: What you are saying is not true.

Defence: Delwar Hossain Sayedee was not in Parerhat from long before the liberation started to 20 June 1971. Is that true?

Witness: It is not true.

Defence: Your local MP AKMA Awal with the direction from the central Awami League leader asked to become witness against Delwar Hossain Sayedee. In return, they have promised you to get rid of the cases against you saying that it was filed because of political purpose. Is that true?

Witness: It is not true.

The Tribunal was adjourned until Tuesday 27 December 2011.