20 Dec 2011: Talukder cross exam day 1

This was the first day for the cross examination of Md Mizanur Rahman Talukder, the third witness to give evidence against Delwar Hossain Sayedee. The date was also set for the continuation of the  New Age contempt case, and a short note on this is contained in the next post.

Before the cross examination started, one of the prosecutors, Malum, brought to the tribunal's attention an article in Noya Digantur, but the tribunal said that it did not have time to deal with issues like this this.

Witness Evidence in chief

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

Defence: When the war had begun you lived in Rajarhat of Pirojpur district

Witness: yes

Defence: How far is Rajarhat from then M. L. A. Enayat Hossain’s house?

Witness: A little less than 1 km

Defence: In which direction?

Witness: South-east.

Defence: Was your house behind Pirojpur Police station, a share house or a rented one?

Witness: I had rented Peyara’s house.

Defence: Did anyone from your family live in that house?

Witness: My elder brother, Abdul Jabbar Khan.

Defence: What did he do?

Witness: Both of us studied in Pirjpur College

Defence: In which year did he study?

Witness: Both us were in HSC second year in 1970.

Defence: You passed SSC in 1970?

Witness: Yes

Defence: Then your HSC session should be ‘72-‘73.

Witness: probably ‘70-‘71.

Defence: If you passed SSC in 1970, then your session can’t be ’70-‘71

Witness: This is not true

Nizamul Haque: From my personal knowledge I can tell session were delayed (due to war)

Defence: That was after ’70 Sir.

Defence: Do you know the witness Ruhul Amin Nabin?

Witness: yes

Defence: Was he junior to you as a student?

Witness: No he was a senior.

Defence: Where did your brother Abdul Mannan Talukder live?

Witness: He would come to office from (village) home.

Defence: How many members of your family lived in that house?

Witness: Including my mother, 7 brothers and sisters, 10-12 people.

Defence: You lived in this house from between the war had started until May 17 and 18.

Witness: yes

Defence: Did you come to know of Operation Searchlight while staying in your Razarhat house.

Witness: yes

Defence: who informed you about it?

Witness: I heard on radio and from other people.

Defence: You were member of Sharbadaliya Chatra Sangram Parishad whose leader was Shaheed Faruk Hossain.

Witness: I was

Defence: On that night, you had announced resisting the Pakistani forces to achieve independence.

Witness: At Enayat Hossain’s direction, I had announced on mike asking people to gather with whatever they possess in front of Pirojpur police station.

Defence: This made you known as a person in favour of the liberation war.

Witness: I was an activist. Whether I was known or not, I can’t tell.

Defence: Was your Razarhat home close to your college?

Witness: a distance of half km in between.

Defence: Pirojpur’s treasury and arsenal were looted?

Witness: not true

Defence: In between the commencement of the liberation war in 1971 and arrival of the Pakistani army in Pirojpur, Pirojpur area was under the control of pro-liberation forces.

Witness: more or less

Defence: How long after the arrival of Pakistani forces in Pirojpur, was Peace Committee formed?

Witness: Can’t tell. They were getting organised in secret.

Defence: When did they publicly reveal themselves?

Witness: After the Pakistani army had arrived, I didn’t come out of my house. I don’t know the date when Peace Committe was formed.

Defence: Can you tell when the Razakar force was formed?

Witness: no

Defence: While you were in Razarhat until 18 May, neither Peace Committee nor the Razakars went to your home looking for you.

Witness: No, they didn’t

Defence: From beginning till end of the war the Razakars had never been to your village home.

Witness: They have been to my village home many times and shot a hole inside my mango tree

Defence: When did that happen?

Witness: I wasn’t home at that time. So can’t give the date.

Defence: There was a Razakar named Delwar Hossain Mallick in Pirojpur and Parerhat area.

Witness: That’s a 100% lie. There was Delwar Hossain Shikder

Defence: Delwar Hossain Mallick did exist and was sent to jail after liberation. You are concealing this fact you know.

Witness: not true

Defence: Was there any Razakar in Parerhat area by the name of Abdur Razzak?

Witness: Probably

Defence: Was there any Razakar named Mohsin?

Witness: yes

Defence: Was there a Razakar named Hakim Kari?

Witness: yes

Defence: Khalilur Rahman, Ruhul Amin Howlader?

Witness: there was a Razakar named Khalilur Rahman. Can’t remember Ruhul Amin Howlader at this moment (unless I know his address).

Defence: Khalil from your Togra village?

Witness: can’t remember.

Defence: Another named Selim?

Witness: can’t remember

Defence: What was the profession of the Razakars you’ve named?

Witness: Some were students, some just roamed around.

Defence: Do you know the house 39A Baily Road, Dhaka?

Witness: I don’t know the house by number.

Defence: Who was the chairman of Sharbadaliya Chatra Sangram Parishad?

Witness: Probably Shah Alam

Defence: To join in the liberation war, you took training at Pirojpur stadium?

Witness: for 2-3 days

Defence: Where did you go after that?

Witness: to Wapda ground in Razarhat.

Defence: There was no stadium in Pirojpur in 1971

Witness: not true. There was a ground and a place assigned for the stadium.

Defence: It was a paddy field

Witness: not true

Justice Zaheer: He didn’t depose that “I did not take the training”. Why did you ask this question then? It’s not in the examination-in-chief.

Defence: Bashbunia is within Mothbaria police station of Pirojpur district

Witness: yes

Defence: Togra is within Pirojpur Sadar.

Witness: At present within Indurkani police station

Defence: Charkhali village is within Bhandaria police station

Witness: yes

Defence: North of Charkhali village is Togra

Witness: no

Defence: Which way is it?

Witness: on west

Defence: Bashbunia is north to Delikhali of Charkhali

Witness: no, on east

Defence: North of Bashbunia is Charkhali village.

Witness: probably

Defence: Did you know the area around Charkhali?

Witness: no, I didn’t visit that area much.

Defence: You were in Bashbunia village when you head that the Razakars and the Pakistani army had plundered Charkhali village.

Witness: not true

Defence: You have said in your statement that you “came on the big street.” From where did you come there?

Witness: from Mia Bari of Bashbunia.

Defence: You’ve seen it (plunder) from there?

Witness: no, when I went ahead.

Defence: How far is the big road from Mia Bari?

Witness: almost 1km.

Defence: How far is Charkhali from this big road?

Witness: 3-3.5 km is my estimate.

Defence: I suggest that this is no less than 10 km

Witness: not true

Defence: Can you name some escapees from whom you got the news?

Witness: no

Defence: What was the time when you’ve heard from them?

Witness: around 3:30

Defence: What was the date?

Witness: first week of June probably

Defence: Charkhali needs to be crossed to reach from Bashbunia.

Witness: yes

Defence: You knew that the Razakars who had been looking for you could be Charkhali vllage.

Witness: no

Defence: the Razakars who’d pressured your brother, were still at Parerhat?

Prosecution (at defence lawyer’s loud voice): The witness will get scared

Witness: You haven’t named them. How can I tell where were those Razakars from?

Defence: Name the Razakars who had abducted your brother

Witness: Can you explain?

Justice Zaheer explains

Witness: My brother told me about Abdur Rashid, Mohsin, Esahar, Momin and few others who I can’t remember.

Defence: You are saying that the Razakars who’d led arson attack in Charkhali village are not from Parerhat?

Witness: whatever you’re saying is wrong, whatever I said is right.

Justice Zaheer: Clarify the questions you ask

Defence: ok

Defence: While staying at Bashbunia village, did you enquire about people who were for and against independence?

Witness: no

Defence: As a freedom fighter, you’ve seen everything that had happened in Pirojpur district.

Witness: I came to Pirojpur on 17th or 18th of May. I don’t know everything that had happened before that time, but know some.

Defence: You know about everything that happened after 17 and 18?

Witness: I wouldn’t know of things that had happened while I was absent.

Defence: Can you describe any incidence that happened after 17/18?

Witness: I can only speak about Parerhat area of Pirojpur.

Defence: After the liberation war, did you visit Charkhali village to see whose houses had been burnt.

Witness: yes I went.

Defence: Have you heard of Razakar commander Manik Khandaker of Pirojpur Mahkuma?

Witness: yes, I knew Razakar Manik, but don’t know whether he was a commander.

Defence: Did you know of his related brother Shanu Khandaker?

Witness: Yes

Defence: He (Shanu) was the Muktijodhdha commander of Bhandaria Police Station.

Witness: I think Enayat Hossain Khan was the commander there.

Defence: Manik Khandaker and Shanu Khandaker were both from Charkhali village.

Witness: I don’t know exactly, but they were from around that area.

Defence: Charkhali village was densely populated during the war and 1200 people lived there

Witness: more than that

Defence: Did you know Shanu Khandaker’s elder brother freedom fighter Badsha Khandaker?

Witness: yes

Defence: Did you know Ashraf Ali Howlder, son of Asmat Howlader of Charkhali village in Pirojour Mahkuma?

Witness: no

Defence: Did you know freedom fighter Ali Ahmed, son of Ujjot Ali?

Witness: no

Defence: Did you know Babul Shikder, son of Syed Shikder of Charkhalivillage?

Witness: no

Defence: Did you Razakar Mojibur Mallick, son of Hasan Mallick?

Witness: no

Defence: Do you know Abdul Mannan, son of Hashem?

Witness: no

Defence: Do you know infamous Razakar of Pirojpur Mahkuma, Amin Hossain?

Witness: I can’t remember

Defence: At that time boats were the means of transport?

Witness: yes

Defence: Did you know Asraf Ali Majhi (boatman) of Charkahli village?

Witness: no

Defence: Can you name a few boatmen of Charkhali jetty?

Witness: I knew Kobiraj

Defence: Did you know Abdul Hamid Howlader, son of Abdul Goni Howlader of Charkhali village?

Witness: no

Defence:Abdul Jalil Jamaddar, son of Amjad Jamaddar?

Witness: Don’t know him

Defence: Fazlul Haque Howlader, son of Moinuddin Howlader?

Witness: Don’t know him

Justice Zaheer requests the counsel to make his point. Mizanul Islam says PW3 can’t name any of these people.

Defence: Abdul Mannan Howlader, son of Jobed Ali Howlader?

Witness: Don’t know

Defence: Mostafa Jomaddar, son of Matlab Ali Jamaddar?

Witness: Don’t know

Defence: This Charkhali village is within Bhandaria district’s Nathmunath Shialkathi union?

Witness: yes

Defence: Chairman of Peace Committee of this union was Ashraf Ali Howlader

Witness: Don’t know

Defence: Name ten people from that village whose houses were burnt down.

Witness: Naren, Haripad..

Defence: Can you name ten?

Witness: I can name as many as I know

Defence: I suggest that there was no one called Naren and Haripad in Charkhali village at that time.

Witness: not true

Defence: According to your description there had been no pillage and arson attack in Charkhali village in 1971

Witness: not true

Defence: Freedom fighters had taken charge of Pirojpur Mahkuma on 8 December, 1971

Witness: I wasn’t in the area then. So don’t know

Defence: In January of 1972 after liberation, you returned to your home in Togra.

Witness: yes

Defence: Were there any Razakar in Togra village?

Witness: Yes. Esahar, Mostafa, Rashid, Mohsin, Goni, Fazlur Rahman. I can’t remember the rest of them.

Defence: After returning home did you seize these Razakars of Togra?

Witness: no

Defence: Did you enquire about them?

Witness: I went to their house to find that they’d already escaped from the area

Defence: What was the value of the looted items returned to your house?

Witness: approximately Tk 10-15 lakh

Defence: When did you tell your mother that you won’t kill if goods are returned?

Witness: Two days before these were returned.

Defence: Did your mother let you leave the house after the goods were returned?

Witness: A few days later.

Defence: How many Razakars were arrested when you were there?

Witness: I wasn’t in Parerhat camp. I was with Morol Modhu and returned there. So I don’t know.

Adjournment, and continued after lunch

Tajul Islam raised an issue with the tribunal about not having any permanent passes and how differently the chief prosecutor is treated compared to the defence lawyers. Another defence lawyer raised with the tribunal the fact that the defence have no place to sit, eat or pray in the tribunal premises. The chairman said that they were trying to sort this out.

Defence: How many organisations were part of Sharbadaliya Chatra Sangram Parishad?

Witness: Chatra League, Chatra Union and Biplobi Chatra Union.

Defence: Were you involved with any of these organisations?

Witness: Yes I was secretary general of city division of Chatra League

Defence: You are still involved with politics of Awami League

Witness: yes

Defence: Did you know of the People’s Commission formed in 1992 to try the war criminals?

Witness: yes

Defence: Did you lodge any complaint against Sayedee Saheb at this commission?

Witness: I was there as a witness, but didn’t file any complaint.

Defence: Do you know where that court was?

Witness: In Suhrawardy Udyan

Defence: How many accused did they try?

Witness: probably 2

Defence: Who was the judge?

Witness: A lady whose name I can’t remember. (Later he said) Jahanara Imam

Defence: Was there only one judge in that court?

Witness: no

Defence: Who else was there?

Justice Zaheer: Why are you asking this question? It will be of no use to you.

Defence: Do you know how many people were convicted by that court and what was their sentence?

Witness: I can’t remember. Their crimes merited getting them death penalty

Defence: People’s Enquiry Commission was formed in 1994

Witness: I can’t remember

Defence: Did you lodge any complaint against Sayedee Saheb at this commission?

Witness: I can’t remember.

Defence: Before your witness statement here you haven’t made any speech or complaint against Sayedee Saheb anywhere?

Witness: I have been a witness at People’s Commission and made speeches, but don’t remember about making complaint elsewhere.

Defence: You haven’t submitted any statement to the Investigation Officer of this case?

Witness: I did, on 20/1/2011 most probably

Defence: Have you met ever Helal Saheb (Investigation Officer) before this date?

Witness: no

Defence: At present, you are a resident of Dhaka

Witness: yes

Defence: Did you give your statement in Dhaka?

Witness: yes

Defence: Did you give it at your home?

Witness: No at the investigation officer’s office in Baily Road

Defence: No one from your area (village) was present there at that time?

Witness: no

Defence: In between 1994’s People’s commission and 20/1/2011 you haven’t made any complaint against Sayedee

Witness: can’t remember

Defence: In between 1971 and 15 August 1975 you haven’t made any complaint against Sayedee

Witness: no

Defence: You have met Helal Saheb before?

Witness: No he’d called me from Pirojpur. I told him that I live in Dhaka. Later he called me on 20th and asked me to see him.

Defence: Delwar Hossain Sayedee was never known as Delwar Hossain Shikder

Witness: not true

Justice Zaheer: You are a lawyer of session court. Had this case been there, you wouldn’t have asked even 10% of these questions.

Defence: Even you would have asked who did you bring here (as a wirness)

Kafiluddin Chowdhury took over asking questions for the defence.

Defence: You did not get injured in the war?

Witness: no

Defence: Your house was not burnt down?

Witness: no

Defence: Your brother Abdul Mannan had carried on with his career as usual; retired from his job normally and had a natural death.

Witness: yes

Defence: How far was your brother’s workplace from your home?

Witness: almost 7.5 miles.

Defence: He used to travel this distance regularly during nine months of war?

Witness: yes

Defence: You haven’t mentioned the name Delwar Hossain Shikder before and not even yesterday in your witness statement.

Witness: not true, (his entire family’s surname is Shikder)

Chief Prosecutor asks the judges to record the phrase above in bracket.

Justice Zaheer: He has volunteered this answer. If you want to include this, when defence asks to include voluntary answers in their favour, you can’t object. (answer wasn’t recorded).

Defence: Prosecution has taught you this name.

Witness: not true

Defence: When did you head out towards Sundarban?

Witness: On 5th or 6th June

Defence: Who else went with you?

Witness: Abu Bakar, Ashraf

Defence: You went by boat

Witness: yes

Defence: How many rowers were there?

Witness: three

Judges: It’s sufficient that they had taken the boat.

Defence: When did you set off and when did you reach?

Witness: We started at 6:30 in the morning and reached Bogi in the evening.

Chairman: During tide it takes 3 hours, in ebb 7 hours. So you can’t pick the contradiction regarding time.

Defence: How long were you there for? Was this your permanent journey?

Witness: Yes, we didn’t return home from there

Defence: Have you met sub-sector commander Ziauddin?

Witness: yes

Defence: Have you been to his camp office?

Witness: yes I did.

Defence: Did you go there many times?

Witness: yes

Defence: Were camp and office separate?

Witness: yes

Defence: What was the structure of the office?

Witness: It was the (forest ranger’s) ranger’s office

Defence: Did photo of any significant person hung on the wall there?

Witness: I didn’t bother to notice. Photos were not supposed to be there.

Chairman: Your question regarding photograph is making me laugh. It was the office of forest division.

Defence: Let’s see Sir.

Defence: Was there any notice with details on seperate areas of commanders.

Witness: no

Defence: Were there any typist or PS?

Witness: I can’t remember

Defence: Do you know freedom fighter Md Helal?

Witness: Where is he from?

Defence: I don’t know

Witness: Then I also don’t know

Defence: Do you know the following freedom fighters of Sundarban? Md Helal, Shamsuddin Azad, Bipul Halder, Paritosh Karmakar, Mrinal Kanti Halder, Jahangir.

Witness: I know the names.

Defence: Where did you meet them?

Witness: After 40 years, I can’t remember whether I’ve actually met them or not

Defence: Have you heard of Tetulbunia during the liberation war?

Witness: I have heard of Tetulbari; can’t remember whether I’d heard of Tetulbunia then

Defence: What is Tetulbunia? Is it a river, a village…

Justice Zaheer: If he can’t remember the name, how will he answer this? No more question on this.

Defence: Did you know Shamsul Alam Talukder, Ziauddin’s second-in-command?

Witness: Yes

Defence: How did you address Ziauddin Saheb?

Witness: We called him ‘Zia Bhai’ or ‘Ustad’.

Defence: Who was the war commander?

Witness: There were no station wise commanders. Wherever an operation took place, someone was assigned with that duty.

Defence: Do you know witness no.1 of this case, Mahbubul Alam?

Witness: Yes

Defence: What did he do when the war was commencing?

Witness: As far as I know he was a student.

Defence: Did he consult you about lodging this case?

Witness: I haven’t met him. I am based in Dhaka.

Defence: When did you learn of Mahbubul Alam’s accusations in this case?

Chairman: Ask him first whether he learnt of these accusations?

Justice Zaheer: I am asking you again to come to the point.

Defence: Did Mahbub Saheb consult you before filing the case at Pirojpur court in 2001?

Witness: No

Defence: Ziauddin had written a memoir of the war titled, “Sunderbaner Ummatal Dinguli”, published in 1993. Have you read it?

Witness: no.

Defence: Because the book contains real description of the war which doesn’t match with your descriptions and because it doesn’t mention names of Delwar Hossain Sayedee and Delwar Hossain Shikder, you are denying having knowledge of the book to hide the truth.

Witness: not true

Defence: Poet Hasan Hafizur Rahman edited a historical book on Bangladesh’s liberation war, titled “Bangladesher Shadhinota Judhdher Dalilpotro” which was published by Bangladesh Information Ministry. Have you read it?

Witness: I know that this book has been published, but haven’t read it.

Defence: Because the book segment on Pirojpur does not contain events that you have described, and because it doesn’t mention names of Delwar Hossain Sayedee and Delwar Hossain Shikder, you are denying that you have read the book.

Witness: not true

Defence: A book titled ‘Pirojpurer Itihash’ (history of Pirojpur) was published in 2007 by Pirojpur District Council in association with District Muktijodhdha Command.

Witness: I don’t know

Defence: Because the book does not include events that you have described, and because it doesn’t mention names of Delwar Hossain Sayedee and Delwar Hossain Shikder, you are denying that you have read the book.

Witness: not true

Defence: Former SDPO of Pirojpur, late Faizur Rahman’s wife had written a memoir titled, “Jibon Jekhane Jemon”. Have you read it?

Witness: I haven’t.

Defence: Because the book contains real history of the war which doesn’t match with your descriptions and because it doesn’t mention Delwar Hossain Sayedee’s name, you are denying having knowledge of the book.

Witness: not true

Defence: When did you become enlisted as a freedom fighter?

Witness: The first time the list was made.

Defence: You’d left for India during the war and came back after independence.

Witness: not true

Defence: Before your return, freedom fighters had abducted the local Razakars, taken them on steamers (launch-boat) and shot them to death inside of Sundarban.

Justice Zaheer: You are suggesting that he was not present at that time. Any question regarding whatever happened in his absence is redundant. It’s your assertive question which he denied. So you don’t have the scope to ask what had happened before his return (from India).

Mizanul Islam: Even though he wasn’t there, he could have listened when he came back.

Defence: Razakar Danesh Ali Molla, Delwar Hossain Mallick, Maulana Moslem, Shah Abu Zafar, Syed Md Afzal Khan, Advocate Shamsul Ali, Nurul Islam Shikder, Ashraf Shikder were amongst the Razakars captured and sent to jail.

Witness: Some of these people escaped. There wasn’t any Razakar named Delwar Hossain Mallick in our area. Sekander Ali Shikder, Nurul Islam Shikder and Moslem Maulana were captured.

Nizamul Haque: Are you referring to Sharshina’s Pir (holy man) Shah Md Jafar?

Defence: Whatever we’ve found is in the record

Defence: You didn’t go to Sundarban in June

Witness: It’s a self-contradictory question. Not true

Defence: Camps were not set up in Sundarban then.

Witness: not true.

Defence: You’d listened on radio news regarding March 25. You’ve mentioned this in your statement but not to the Investigation Officer.

Witness: can’t remember.

Defence: You didn’t tell the Investigation Officer that you started preparing for liberation war after hearing Bangabandhu’s March 7.

Witness: can’t remember.

Defence: You didn’t tell the Investigation Officer that on reaching home you would secretly roam around the village and enquire about the activities of Razakars and Pakistani military.

Witness: can’t remember.

Defence: You didn’t tell the Investigation Officer that on 21-22 of May when your brother went to office, Delwar Hossain Sayedee grabbed and took him to Fakir Das’s building where he was tortured mentally and physically.

Witness: I did tell him. Not true

Defence: You didn’t tell the Investigation Officer that “Delwar Hossain Shikder, said Sayedee, issued a Fatwa in Parerhat that looted property of Hindus and pro-liberation people is public booty and it’s legal to use them. Immediately Jamaat and anti-liberation forces were encouraged to start loot and plunder. Not only that, Delwar Hossain, said Sayedee himself looted the big shops of Parerhat Bazaar.”

Witness: can’t remember.

Defence: You didn’t tell the Investigation Officer that Delwar Hossain Sayedee operated Paanch Tahbil

Witness: I probably did tell him

Defence: You didn’t tell the Investigation Officer that “Sayedee had forced innocent religious Hindus to convert into Islam and gave them skull cap, rosary and prayer mat. He commanded them to pray five times in the mosque and gave them Muslim names. After liberation these people reconverted back to their religion. Before the war, Sayedee used to lay down jute mat in the middle alley of Parerhat Bazaar in front of the quay and sell oil, salt, chilli, onion and turmeric.”

Witness: can’t remember

Defence: You didn’t tell the Investigation Officer that Sayedee sold dental medicines called ‘Chander Koboz’ and ‘Abe Hayat’ in village markets and on launch boats.

Witness: I told him

Defence: You didn’t tell the Investigation Officer that “on 28/29 May your brother came back from his office and started crying. He told you, “There’s no means left for us to survive. If you have to die, die as a freedom fighter”.

Witness: not true

Defence: You didn’t tell the Investigation Officer that “after learning of loot and arson attack at Charkhali village from the escapees, you turned west and went to the bank of Kocha River.

Witness: not true

Defence: You didn’t tell the Investigation Officer that when you saw Delwar Hossain Sayedee, you lay down on the boat and signalled the boatman to follow the ebb.

Witness: not true

Defence: You didn’t tell the Investigation Officer that you’d reached home between 9:30 and 10 pm and spent the night in another house of the village.

Witness: not true

Defence: You didn’t tell the Investigation Officer that after liberation you returned home in January.

Witness: not true

Defence: You didn’t tell the Investigation Officer that you told my mother that you won’t kill anyone but the looted items have to be returned to their owners.

Witness: not true

Justice Zaheer: How is this question relevant to Sayedee?

Defence: You didn’t tell the Investigation Officer that Delwar Hossain Shikder, son of Yusuf Shikder of Southkhali was directly and indirectly involved with the crimes committed in Parerhat region after the arrival of the Pakistani force. Such crimes included arson attack, murder, pillage, violence against women, forced conversion of the Hindus and handing over village women to be raped by the Pakistani military.

Witness: can’t remember

Defence: You didn’t tell the Investigation Officer that Delwar Hossain Sayedee had looted and burnt down houses in the Hindu locality.

Witness: can’t remember

Defence: You have lied that Delwar Hossain Sayedee abducted and took your brother to Fakir Das’s building where he was tortured mentally and physically and pressured to hand you over to them.

Witness: not true

Defence: You have lied about your teacher Danesh Ali Molla telling Sayedee, “Set Mannan free. He will bring his brother within a few days.”

Witness: not true

Defence: You have lied that Delwar Hossain Sayedee issued a Fatwa in Parerhat that looted property of Hindus and pro-liberation people is public booty.

Witness: not true

Defence: You have lied that Delwar Hossain Sayedee took hold of Nagagrbashi Saha’s shop, filled it up with loots and named it ‘Paanch Tahbil’

Witness: I didn’t lie

Cross-examination finished for the day

Tajul Islam asked the judges to allow for Sayedee’s physiotherapy. Chairman Nizamul Haque says they will look into the matter if Sayedee can’t make it to court on the following day.

19 Dec 2011: Third prosecution witness

Following the order of the tribunal rejecting application by the accused Salauddin Quader Chowdhury, and the completion of the cross examination of the second witness to give evidence against Delwar Hossain Sayedee, the third prosecution witness Md Mizanur Rahman Talukder took his oath, and gave his 'Evidence-in-chief' to the tribunal. He was questioned by the prosecutor, Haider Ali. Part of this evidence was given the following morning on the 20th December, though it is published on this page.

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.)

Prosecution: How old are you?

Witness: around 57.

Prosecution: Where were you on 25 March of 1971?

Witness: In Pirojpur

Prosecution: A big event had happened on that night

Witness: I heard on the radio that Pakistani military had attacked Razarbag police station, Dhaka University and BDR Camp all of a sudden, set fire and killed many innocent people.

Prosecution: What did you do on hearing that?

Witness: After listening to Bangabandhu’s speech on 7 March, I started getting prepared for the liberation war.

Prosecution: How long did you stay in Pirojpur?

Witness: On May 17-18 my elder brother Abdul Mannan Talukder had taken me from Pirojpur to our village by boat

Prosecution: What did your brother do?

Witness: He worked at the Central Cooperative Bank. Once I’d reached home I would secretly roam around my village and nearby ones and enquire about the activities of Razakars and Pakistani military. On 21-22 of March, my brother Abdul Mannan

Hyder Ali : May

Witness: On 21-22 of May,

Defence: [The prosecution] gave lead to the witness.

Prosecution: Can’t I mention that he had come in May?

(Argument breaks our between defence and prosecution)

Defence: This wasn’t a voluntary correction. The witness said (May) after being led

Defence: Include that with our objection.

Chairman: All right

Witness: my brother went to his office. On his way back home, when he reached Parerhat, Delwar Hossain Sayedee alias Deilla

Chairman: Cut out ‘Deilla’

Witness: known as Sayedee, grabbed my brother with the help of his fellow Razakars and took him to Fakir Das’s building where my brother was tortured mentally and physically through out the night. He was told, “Bring your brother, freedom fighter Akbar (my nickname) before us”. Next day at around 10:30, our teacher Danesh Ali Molla, who was with the Razakars and Peace Committee, told Sayedee, “Set Mannan free. He will bring his brother within a few days.” On this condition my brother was freed. Once he came home my brother became sick and couldn’t attend office for a few days. In the meantime I came to know that Delwar Hossain Shikder, alias Sayedee, issued a Fatwa in Parerhat that looted property of Hindus and of pro-liberation people is public booty and it’s legal to use them. Immediately Jamaat and anti-liberation forces were encouraged to start looting and plunder. Not only that, Delwar Hossain alias Sayedee himself looted the big shops of Parerhat Bazaar. They took hold of Nagagrbashi Saha’s shop and filled it up with loots from other people. This shop was known as Paanch Tahbil and its owner was said to be Delwar Hossain Sayedee.

Sayedee had forced innocent religious Hindus to convert to Islam and gave them a skull cap, rosary and prayer mat. He commanded them to pray five times in the mosque and gave them Muslim names. After liberation these people reconverted back to their religion. Before the war, Sayedee used to lay down jute mat in the middle alley of Parerhat Bazaar in front of the quay and sell oil, salt, chilli, onion and turmeric. On other days, he would sell dental medicines called ‘Chander Koboz’ and ‘Abe Hayat’ in village markets and on launch boats.

On 29 May my brother went to his office in Pirojpur and once he was there Pakistani military abducted one of his colleagues, who was later shot dead. My brother was terrified and started crying. He told me there’s no means left for us to survive, “If you have to die, die as a freedom fighter”. Next day I went out in the morning and travelled by boat to a relative’s house, 6-7 miles far from mine. I stayed there for 4-5 days and decided to join the war.

To notify my brother of my decision I headed towards home. When I came to the big road, I noticed fire burning in Charkhali village ahead. The escapees informed me that Razakars and Pakistani army from the Razakar camp in Parerhat Bazaar had attacked the Charkhali village, looted its houses and set them on fire. I turned west and went to the bank of Kocha River. From there I walked towards the jetty of Charkhali. Close to the jetty, I found a Tapuria boat and boarded it. After sailing for sometime, I saw that 17-18 Bachari (big) boats were moving across the Charkhali canal towards Parerhat Bazaar. It was carrying Razakars, Pakistani army and their loots. Before long, when one of those Bachari boats edged close to my boat, I saw Delwar Hossain Razakar, alias Sayedee, Danesh Ali Molla and 5-6 Pakistani soldiers on it. I lay down and signalled the boatman to follow the ebb. Our boat went down the river.

The following continued the following morning, 20 December

The boat crossed the river diagonally and I reached home between 9:30 and 10 pm. After consulting with my mother and brother, I spent the night in another house of the village. In the morning I got on a fishing boat and went to Sundarban Muktijodhdha camp to join in the war.

After liberation I came home probably in the first week of January. My brother and mother wouldn’t let me go out. They kept me under watch fearing that I’ll kill the looters and Razakars. I told my mother that I won’t kill anyone but the looted items have to be returned to their owners. A day after, in the dark of the night, some items were left in front of my house.

Prosecution: What kind of items?

Witness: Brass, quilt, matress, shawl, bed, sheets, etc were left in the courtyard infront of the living room (Kachari Ghar). After this my mother permitted me to go out. People came to our house to identify their goods and take them back. My elder brother Abdul Mannan Talukder is no more alive. After returning from the war, I came to know that Delwar Hossain Shikder, son of Yusuf Shikder of Southkhali was directly and indirectly involved with the crimes committed in Parerhat region after the arrival of the Pakistani force. Such crimes included arson attack, murder, pillage, violence against women, forced conversion of the Hindus and handing over village women to be raped by the Pakistani military. Finally as a proud freedom fighter, I want trial of the perpetrators who had tortured my brother and were involved in other crimes.

Prosecution: What kind of houses were burnt down in Charkhali village?

Witness: Houses in the Hindu locality.

Prosecution: Identify whether Sayedee is here

Witness: He is seated over there.

19 Dec 2011: Nabin cross exam day 2

Following the orders relating to the applications filed by the accused Salauddin Quader Chowdhury, and before the third prosecution witness Md Mizanur Rahman Talukder started to gave his 'Evidence-in-chief' to the tribunal, the second day of cross examination of the second witness, Ruhul Amin Nabin, took place.

Questioning was first undertaken by the defence lawyer Kafiluddin Chowdhury. Below is an unofficial translation of the cross examination. (Notes and translation undertaken by Onchita Shadman. Every attempt has been made to ensure accuracy, but there may be some small omissions.)

Evidence in chief by witness
First day of questioning

Defence: Ziauddin had written a memoir titled “Sunderbaner Ummatal Dinguli”, published in 1993.

Witness: Haven’t read it, don’t know about it

Defence: Because the book contains real description of the war which doesn’t match with your descriptions and because it doesn’t mention your name, you are denying having knowledge of the book to hide the truth.

Witness: Not true (since I didn’t read it, I don’t know what’s in it)

Chairman: You can’t twist questions you ask the witness. You can ask whether he knows of real incidences (which happened during the war). Then you can ask, “Are you denying your knowledge of the book because your name isn’t there?”

Defence: This year you have contested for the position of Deputy Commander of Pirojpur District.

Witness: yes

Defence: Did you win or lose?

Witness: lost

Defence: How many quotas are there in your district command?

Witness: Around 2200 members

Defence: Who were the former commanders of this district command?

Witness: I can’t name everyone other than a few.

Defence: Who was the commander before the election you’d contested?

Witness: Mr Goutam Chowdhury.

Defence: Who was before him?

Witness: Late Jamlul Haque Monu

Defence: Who was before him?

Witness: Nurul Haque, Chan Majid (Shahidul Haque Chan), I can’t name them serially.

Defence: When was Zianagar Upazila formed?

Witness: During Khaleda Zia’s government, but can’t remember whether it was in 1999 or 2001.

Defence: Delwar Hossain Sayedee was a parliament member then?

Witness: yes

Defence: Are you member and voter of that assembly (Muktijidhdha Sangsad)? Not clear whther this questioned was answered

Chairman: Do you mean member or voter?

Defence: Who was your opponent in that election?

Witness: A freedom fighter named Hanif Bangali.

Defence: How many voters were there for that election?

Witness: probably 96. Could you clarify what this is all about, and the line after this

Defence: How many members do you have? 96 or more?

Witness: People included in the Gazetee of Muktijodhdha Sangsad are considered to be its members. In that respect no of voters and no of members are the same.

Defence: You mentioned you’d collected supply for different unit of freedom fighters in mid-June. Can you name a few camps?

Witness: Bogi camp and Sharankhola camp.

Defence: How long did it take to travel to Bogi if you had enough boatmen?

Witness: In ebb tide, 3.5 to 4 hours, in others tides could even take a day.

Defence: How long did it take to go to Sharankhola camp?

Witness: in ebb, half an hour added to the time it takes to go to Bogi camp.

Defence: When did they give you list of supply for these camps?

Chairman: It’s not necessary [to answer the question]

Defence: Did the first prosecution witness of this case, Mahbubul Alam consult with you before lodging this case?

Witness: no

Defence: Did Mahbubul Alam consult with you before lodging the case at Pirojpur court with similar charges?

Witness: no

Defence: Did Mahbubul Alam consult with you regarding the list of Razakars, freedom fighters or others that he’d made?

Witness: no

Defence: Was there any book titled ‘Pirojpurer Itihash’ (history of Pirojpur) published by Pirojpur District Council?

Witness: I don’t know

Defence: Because the book contains real history of the war which doesn’t match with your descriptions and because it doesn’t mention your name, you are denying that you’d read the book.

Witness: not true.

Defence: Poet Hasan Hafizur Rahman edited a historical book on Bangladesh’s liberation war which was published by Bangladesh Information Ministry. Have you read it?

Witness: I have heard that it has been published, but didn’t read it.

Defence: Faizur Rahman, the SDPO of Pirojpur at that time was killed at the bank of Baleshwar River.

Witness: I don’t know whether it was at the bank of Baleshwar River, but heard that he was killed in Pirojpur.

Defence: Do you know of his wife Ayesha Foyez’s book?

Witness: No

Defence: Because the book contains real history of the war which doesn’t match with your descriptions and because it doesn’t mention Delwar Hossain Sayedee’s name, you are denying having knowledge of the book.

Witness: not true

Defence: You were not injured during the war?

Witness: no

Defence: no one had burnt down your house?

Witness: no

Defence: You did not know of Delwar Hossain Sayedee’s whereabouts in Parerhat before 1986?

Witness: I haven’t met him

Defence: Sayedee Saheb had been organising Waz Mahfil before March 25, 1971 and after the liberation war in his own area, neighbouring localities and internationally. He’s never been in hiding.

Witness: You have two questions at one time …. He’d never done Waz Mahfils before the war. As far as I know, only after 1986.

Defence: He’d never changed his name

Witness: not true

Defence: On June 16, 1975, during Awami League’s regime, he’d received a passport after police verification at his own address (village).

Witness: not true

Defence: He used to live in his village home at that time

Witness: not true

Defence: Because he’d given a speech against Awami League’s bad governance before 1975, he was arrested and detained under Special Powers Act.

Witness: don’t know

Defence: Sayedee ran for parliamentary office three times, out of which he was twice elected.

Justice Zaheer: This is an admitted fact. You don’t need this.

Defence: In which session did you study at Dhaka University’s Bangla department?

Witness: 1973 to 74

Defence: When did you appear in your honours exam?

Witness: probably in the beginning of 1978

Defence: Can you say what was your result?

Witness: No, just after exam, I’d left the country.

Defence: You’re not a real freedom fighter, but only one on paper.

Witness: not true

Defence: You have collected your HSC and SSC certificates from outside of your area by using name and power of a freedom fighter.

Witness: not true

Defence: After that you’d used those certificates to get admitted In Dhaka University.

Witness: not true

Defence: After political change in the country, you’d realised that it won’t be possible for you to pass the exam and so you left the country without appearing in the exam.

Witness: not true

Defence: When did you return from Germany?

Witness: In February-March of 1984.

Defence: Are you a businessman now?

Witness: yes, I have an ice plant at Parerhat Bazaar.

Defence: When did you start on that business?

Chairman: You’ve asked the last 10-15 questions to discredit him. What if the answers to those had been yes?

Witness: I opened the letter for credit (LC) for the plant in 1991 and the business activities started in 1992

Defence: You took loan from Rupali Bank for this plant. Since you couldn’t reimburse the loan, the bank put your plant’s items on auction,

Witness: I have returned 100% of the dues.

Chairman: Why not come to the point?

Defence: We will show you the connection (relevance) shortly.

Tajul Islam: Don’t we have to reveal his character? We have the right to discredit the applicant.

Nizamul Haque: Do ask relevant questions.

Tajul Islam: We will examine in our own way.

Defence: After agreeing to be a witness in this case, you’ve received waiver from the government and could pay back the loan.

Witness: I paid it back this month.

Nizamul Haque: Isn’t this a private bank? There had been countless such cases in the High Court.

Tajul Islam: It has 57% government share. Let us question. You can give your judgement later.

Nizamul Haque: Is it waiving the loan or the interest? Both are different cases.

Defence: Waiving the interest to make opportunity for reimbursing the loan.

Defence: You couldn’t pay your electricity bill due to financial difficulty.

Witness: not true

Defence: Because you couldn’t pay the bill, you tampered with the electricity meter as a result of which a case of electricity theft was filed against you. You had to pay fine to get out of the case.

Witness: not true

Chairman: Is it a question of stealing electricity or default on electricity bill payment? After conviction was given, isn’t everything made ok?

Justice Zaheer: Bad character is not a part of our Evidence Act.

Chairman: He was arrested, but not sent to jail.

Defence: You elder brother freedom fighter Kamaluddin lives in Dhaka now?

Witness: not true

Defence: Smuggling…. [unrecorded question]

Chairman This is too much. Cancelled. This is nothing but a scandalous question. From next time only one of you (defence counsels) will conduct the cross-examination. Please be prepared when you come.

Monjur Ahmed Ansari then took over asking questions for the defence

Defence: Delwar chairman’s store is in front of your house in Parerhat?

Witness: yes

Defence: His house in the next alley?

Witness: no

Defence: Where is it then?

Witness: On eastern side of the port at the bank of the canal.

Defence: Abul Kalam Azad is his son?

Witness: yes

Defence: His age is 52-53

Witness: I can’t tell

Defence: At the south western corner of your house is Mokarram Hossain’s house?

Witness: yes

Defence: Matiur Rahman Howlader, father Forman Ali Howlader, had two shops nearby. Do you know him?

Witness: no

Defence: Do you know Helaluddin Poshari’s son Abdus Salam Poshari?

Witness: yes

Defence: Do you know Shahiduddin Poshari’s son Jahangir Poshari?

Witness: yes

Defence:Do you know Kafiluddin Ukil’s son Mannan Ukil of Badura village?

Witness: yes, but don’t know his father Kafiluddin.

Defence: Do you know Abu Saleh Babul of Badura village?

Witness: yes

Defence: How old is he?

Witness: I never asked. I guess more than 50 years.

Defence: He passed his SSC exam from Parerhat school in 1972

Witness: I can’t tell. I wasn’t in Parerhat then.

Defence: West of Manik Poshari’s is Moslemuddin Poshari’s house.

Witness: No, (it’s next to Sayedee’s in-law’s house)

Defence: East of Manik Poshari’s is Hanif Talukder and Tota Howlader’s house.

Witness: half km from there.

Defence: There are three alleys in Parerhat Bazaar?

Witness: yes, in north-south direction

Defence: In which alley is Masum Store located?

Witness: In the middle alley facing east.

Defence: What’s the width of the road between Masum Store and the shop opposite to it?

Witness: around 20 ft.

Defence: You’d said your family owned the shop. Who looked after it?

Witness: Nurul Haque Moulovi had rented it from us.

Defence: Who ran the shop on the opposite end?

Witness: Motaleb

Defence: In mid June (of 1971), Motaleb’s shop was open on the market day?

Witness: yes

Defence: Was there any store on south and north of Masum Store?

Witness: There was no shop on the north side of Masum Store at that time. But on market days people (sellers) used to sit on Bamboo platforms. There were three stores in the south end at that time.

Defence: Were those shops open in the mid June?

Witness: I can’t remember

Defence: Do you know names of the owners?

Witness: Sekander Ali Sheikh was one. I can’t remember names of the other two.

Defence: You’d said something to Nurul Haque Moulavi. Where was he then, inside the shop?

Witness: He was walking past me to open the shop.

Defence: He’d opened the shop while you were there?

Witness: I left the place before he’d opened.

Defence: Were there shops on North-south corner of Motaleb’s shop?

Witness: There were no permanent shops, but makeshift ones on shed.

Defence: A few more shops were there a bit further on the south?

Witness: Yes 2-3

Defence: your house is in Kajipur?

Witness: Yes my ancestral home.

Defence: where were you on the morning of May 7?

Witness: I was at home in the morning. Went out later.

Defence: When did the Pakistani military reach Parerhat?

Witness: Around 9 to 9:30

Defence: When had they set camp in Parerhat Bazaar?

Witness: At around 12:30-1 pm

Defence: How long did it take them to dig holes in 30-35 shops to get gold?

Witness: I can’t say

Adjournment took place. After lunch the chief prosescutor raised an application regarding 2 witnesses who he alleged had been threatened. The tribunal chairman said that he could directly inform the IG of police to take action.

The chairman asked whether he was raising this to just give notice to us or (for us to take) action, and the chief prosecution said, 'To take action'

Chairman passed an order

An application has been filed by prosecution praying for order to give protection and take action against concerned person who have given threat to witnesses through mobiles phones. The phone no. has been noted. Upon hearing the Chief Prosecutor, we are inclined to send a copy of this petition to IG of police along with our order for taking proper action. With this the application is disposed of. The prosecution is directed to give a copy of this application by tomorrow.

Cross-examination then continued

Witness: When did you come to know of holes being dug?

Witness: In late afternoon

Defence: When did you come to know of 30-35 shops being looted

Witness: In the evening

Defence: When did you come to know of 22 seers of gold being looted from Makhan Saha’s shop?

Witness: In the evening

Defence: Nagarbashi Saha’s shop is in the eastern alley’s southern end, facing west?

Witness: yes

Defence: late Sultan Talukder’s shop is in eastern alleys southern end, facing east.

Witness: not true, it faces west

Defence: Do you know the names of owners of those 30-35 shops which were looted?

Witness: no

Defence: You’d mentioned a basket, made of bamboo.

Witness: yes

Defence: You’d said that the market sits mostly in the afternoon.

Witness: On Thursday and Sunday from morning until 4pm.

Defence: It was crowded on market days.

Witness: It used to be less crowded back then.

Defence: You’d received a revolver from you brother-in-law. Did he give it to you or did you bring it from?

Witness: I took it when he came to our house.

Defence: Was Sayedee Saheb walking along the middle of the road, or along its west or east side?

Witness: The place where I was standing, from there he was walking along east side of the road towards south.

Defence: Were there commuters on the road?

Witness: yes

Defence: Sayedee Saheb is taller than you.

Witness: yes

Defence: So it would have been impossible for you to see what’s on his head.

Witness: not true

Defence: How far is Chitalia village from your house?

Witness: Quarter of a km.

Defence: From your house in the town?

Witness: almost 1.5 km eastwards

Defence: How far from your home is Shahiduddin Poshari’s house that had been burnt down?

Witness: around 1km.

Defence: When did you come to know of Manik Poshari’s house being burnt?

Witness: Around 11am-12pm on 8 May while I was on my way back from Parerhat Bazaar.

Defence: Did you visit the spot on the same day or on the next day?

Witness: Went 1.5 to 2 hours after

Defence: Because Posharis’ property had been burnt down, Goni Poshari had seized Abdur Razzak Rajakar and Sekander Shikder after independence.

Witness: not true

Defence: Goni Poshari had shot Abdur Rajjak to death and handed Sekander Shikder over to the police on people’s request.

Witness: not true

Defence: You didn’t tell the Investigation Officer that you used to keep revolver for safety, but had mentioned it in your witness statement.

Witness: I can’t remember

Defence: You didn’t tell the Investigation Officer about Nurul Haque Moulavi

Witness: not true

Defence: You didn’t tell the Investigation officer that from Masum store you went and stayed around Shahizuddin Moulavi’s store.

Witness: not true

Defence: You also didn’t tell the Investigation officers that Nagarbashi Saha’s shop was converted into office of Paanch Tahbil.

Witness: not true

Defence: You didn’t tell the Investigation Officer that Maulana Nasim’s father Sultan’s stockroom was used as another shop.

Witness: not true

Defence: You didn’t mention Bhanu Saha in the statement given to the Investigation Officer

Witness: not true

Defence: You didn’t mention Dr. Sudhir Chandra Roy and Gouranga Chandra Roy in the statement given to the Investigation Officer

Witness: I can’t remember

Defence: You didn’t mention in the statement that local Jamaat leader Mokarram Hossain Kabir had visited you.

Witness: not true

Defence: You didn’t mention in the statement the date on which Manik Saha;s house was attacked.

Witness: I did

Defence: “The basket had pitcher in it”. You didn’t tell the Investigation Officer about the pitcher.

Witness: not true

Defence: It’s not true that Allama Delwar Hossain Sayedee had founded the Peace Committee of Parerhat

Witness: it’s true

Defence: It’s not true that Delwar Hossain Sayedee had formed the Razakar force along with Madrasa students and Chatra Sangha members.

Witness: It’s true

Defence: It’s not true that Delwar Hossain Sayedee had identified for the Pakistani military the shops to be looted

Witness: it’s true

Defence: It’s not true that someone had visited you in 1986 to take your permission for Sayedee’s Mahfil

Witness: it’s true

Defence: Whatever you’ve said about your observation when you’d been to the Parerhat Bazaar in mid-June, 1971 is not true.

Witness: it’s true

Defence: Allama Delwar Hossain Sayedee was not around Parerhar or Pirojpur area on 8 May and in mid June of 1971.

Witness: He was in Parerhat.

Defence: When did you come to the tribunal for your witness statement.

Witness: The first two days, yesterday and today.

Defence: when did you start off from home?

Witness: 3-4 days before I was present here.

Defence: You were under Prosecution’s supervision and they have trained you thoroughly.

Witness: not true

Defence: You weren’t 21 years old during the liberation war.

Witness: I was

Defence: Were you in your area during 1971-1973 ?

Witness: I wasn’t there permanently. Sometimes I would visit.

Defence: You didn’t tell the Investigation Officer about carpenter Tayeb Ali

Witness: I can’t remember

Defence: you are a supporter and activist of the political party currently in power

Witness: It’s true that I am a supporter

Defence: Since Allama Delwar Hossain Sayedee is a central leader of Jamaat-e-Islami, with government assistance, out of political revenge and jealousy, you have made false accusations and filed a false case against him by giving false statement

Witness: not true

Cross-examination ended. Defence lawyer remarked that the witness has been trained well so that not many contradictions have been found)

19 Dec 2011: Rejection of SQC petitions

At the beginning of the hearing, the chairman read out its order relating to six applications that had previously been filed by Salauddin Quader Chowdhury. (Please note, this is a sketch of the order, and a more accurate full version will be posted shortly). Subsequent to this order, the tribunal dealt with a cross examination of witness number two against Sayedee, and statement given by the third witness (see subsequent posts).

'The six applications filed by the accused petitioner is taken up for hearing as regards to the application for holding proceedings under Evidence Act 1872 and Criminal Code of Procedure 1898. We’ve heard Mr. Salahuddin Quader Chowdhury in person and given our conscious thought. This is a tribunal created by the International Crimes Tribunal Act. With certain goals and authority this act provides for the detention, prosecution and punishment of persons for genocide, crimes against humanity, war crimes and other crimes under international law. This tribunal was created under basis of power given by section 6 of the International Crimes (Tribunal) Act 1973 and this tribunal is duty bound to follow the Act. In the Act it has been clearly stated that evidence of 1872 and Code of Proceedings of 1898 shall not be applicable in case of trials conducted by this tribunal. This Act provides as to how the tribunal shall proceed and evidence be taken into consideration. As such the submission made by SQC merits no consideration and is rejected.

Next application for allowing foreign counsels as consultants is taken up. In the rules it is clearly stated that this tribunal may allow appearance of foreign counsels for either parties provided that Bangladesh Bar Council authorizes them to conduct the case. Bangladesh Bar Council is regulated by its statute and rules on the basis of law passed by the parliament. We cannot allow any counsel to appear before us who doesn’t have the authority of the Bangladesh Bar Council. This application has no merit and is rejected. However, we are of the view that foreign counsels may advise both parties outside the court.

The next application is for allowing electronic media in the tribunal courtroom for live telecasting proceedings of the tribunal. We’ve heard Mr. Salahuddin Quader Chowdhury. The prayer made has been considered. No where in the world is live telecast allowed. In some tribunals press is allowed but live telecast is not allowed. There’s no act, no rules to allow live telecasting. We are of view that when law doesn’t permit, we can’t accept this application. If sometimes we think it’s proper to telecast some parts, that can be considered later. This application has no merit and stands rejected. 

Next application was to allow the petitioner 11 months to prepare his defence. Mr Salahuddin Quader Chowdhury has submitted this petition. We are view that both parties be given time to prepare. But that doesn’t mean if one party is given one month, the other party be allowed only one month. ..... the tribunal act allows at least 21 days shall be given to the defence. It is found that [in Sayedee's trial] they have been given more than three months time. This application filed cannot be allowed having no supporting evidence.

Next application is for definition of crimes as under international law. We are of view that prima facie case has been defined in the act. Even the we’ve stated this one under… We’ll take foreign suggestion if we find them relevant. We believe that crime has been defined in the act. The application is therefore rejected.

Next application is to abide by the international covenant on civil and political rights where Bangladesh is a state party. This is a matter to be decided by the government, not the tribunal. This tribunal is duty bound its Act. The application stands rejected.

Chowdhury asks whether he can sign another application that day. Chairman says yes, but filing won’t happen on the same day.

The chairman then adds to his order:

Another petition is filed by the Chief Defence lawyer in the office and referred to us. We allow Mr Badiuzzaman to consult with Salahuddin Quader Chowdhury in jail custody.

18 Dec 2011: Mollah charges submitted

Prior to the beginning of the cross examination by the defence of the second witness against Delwar Hossain Sayedee, the prosecution submitted charges against Abdul Quader Mollah, and re-fixed the date for a hearing on congnisance for three other Jamaat-e-Islami leaders to 28 December 2011
The tribunal passed the following order.

“Accused Abdul Quader Molla has been presented in this tribunal today by the prosecution authority. Mr Tipu, the chief prosecutor has submitted formal charges and documents regarding the same accused Mollah. We have heard the learned chief prosecutor. May the formal charge and other documents be accepted. 28.12.2011 for consideration of cognisance for Abdul Quader Mollah. On that date, the accused person is to be present in the tribunal.’

The tribunal also re-fixed December 28 for a hearing about taking cognisance against top Jamaat leaders Motiur Rahman Nizami, Ali Ahsan Mohammad Mojaheed and Muhammad Kamaruzzaman. The tribunal chairman said, that there were lots of documents produced in this case and they had not been given enough time to read all of them since they were taking evidence during the day.

Prior to this Barrister Abdur Razzak, for the defence, raised his concern that the tribunal had passed previous orders relating to provision of health friendly vehicles, but that these were not being complied with. He said that the jail authority were happy to comply with the order but the police were not. He pointed out that Mujahid was 63 years old and suffering from backache.

The tribunal chairman said that he expected all their orders to be complied with.

Tajul Islam, another defence lawyer also raised issue about the number of defence passes, and asked for 20. The chairman said that that this was too much and 15 passes were agreed.

Islam also further drew the Tribunal’s attention to the fact that some DVDs relating to Sayedee’s case had been mistakenly kept by them and they were submitted to the bench.

18 Dec 2011: Nabin cross-exam day 1

The main part of the day was taken up with the cross examination of the prosecution witness number 2, Ruhul Amin Nabin (who had given his evidence-in-chief to the court on 8 December) by the defence lawyer Mizanul Islam. Just before the cross examination started, the tribunal dealt with charge submission against another accused Mollah.

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: In your statement you have said that you came back from the independence war on 18 December 1971. Where did you come back?

Witness: At my own locality at Pirojpur.

Defence: Did your sub-sector commander Zia Uddin came with you from Bagerhat?

Witness: Until 18 December 1971 he did not come.

Defence: After the declaration of independence, was Pirojpur under the control of all-party alliance (i.e. freedom fighters) until Pakistani Army came?

Witness: True.

Defence: There was no incident of loot, rape, killing, setting fire to homestead during this time, is that true?

Witness: True.

Defence: When was the peace committee formed i.e. how many days after Pakistani army came?

Witness: I cannot remember the exact date. However, the peace committee was formed 1-2 days before the Pakistani Army came; not after.

Defence: Where were you then?

Witness: Bagerhat.

Defence: You did not go to Pirojpur at that time?

Witness: No.

Defence: Do you have any personal idea that where (particular place/house/office) the peace committee was formed?

Witness: No.

Defence: When did the freedom force leave Bagerhat?

Witness: 21 June 1971.

Defence: After that, who took over the control of Bagerhat?

Witness: I do not know.

Defence: When did the peace committee form in Shankarpasha union?

Witness: I do not know that.

Defence: When did peace committee formed in Pottashi union?

Witness: I do not know.

Defence: When did the peace committee form in Parerhat area?

Witness: I have forgotten the exact date.

Defence: When did razakar force formed in these 3 unions of Bagerhat?

Witness: I cannot remember the exact date.

Defence: Razakar force was a government force. It was formed by extinguishing the then Ansar force. Do you agree?

Witness: No.

Defence: To form the razakar force the then govt. made an ordinance. Did you know that?

Witness: No idea.

Defence: Do you know that there was a razakar commander for each and every area?

Witness: I know.

Defence: Razakar force was formed by direct control of peace committee. Who was the razakar commander of Shankarpasha union?

Witness: I do not know that.

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

Witness: No idea.

Defence: Who was the razakar commander at Prottashi union?

Witness: I do not know.

Defence: You submitted in your statement that Moslem Maulana and Delwar Hossain Sayedee were ‘sole co-ordinators’ of peace committee. What did you really mean by that?

Witness: By that term I meant ‘all sort of responsibilities and functions’.

Defence: Did the peace committee members call for people to collect their members?

Witness: No idea.

Defence: Was there any advertisement in the newspaper for collecting members for razakar force?

Witness: No.

Defence: Was either Moslem Maulana or Delwar Hossain Sayedee a student during the liberation war?

Witness: No.

Defence: According to your statement in the port area the razakar force was formed by madrasa students. Can please tell us the number?

Witness: 20-22 students.

[Note: Justice ATM Zahir suggests writing ‘port camp’ instead of ‘port area’, but prosecution lawyers objected]

Defence: Can you please name some of the madrasa students who were razakars?

Witness: The names are- (1) Khalilur Rahman, (2) Mohsin, (3) Abdur Rashid Howladar, (4) Md. Abdul Halim and (5) Hakim Kari. There some other people but I cannot remember their names at this moment. 

Defence: The razakar force was also formed by the members of ‘student union’. Do you know the names of the president and secretary of the Barisal district wing of the said student union?

Witness: I do not know.

Defence: What about Pirojpur sub-division? Do you know the names of the president and secretary of the Pirojpur sub-division wing of the said student union?

Witness: No idea.

Defence: The present Zainagar Upazilla was under Pirojpur sub-division in 1971. Is that true?

Witness: True.

Defence: Do you know the names of the president and secretary of the Zianagar area of the said student union?

Witness: No.

Defence: Can please name 5 student union members who were in Razakar force?

Witness: (1) Ruhul Amin Howladar s/o: Late Anwar Uddin Howlader of village Parer hat, (2) Ruhul Amin-2 s/o: forgotten the police statition, Pirojpur Sadar and (3) Mosleh Uddin s/o: forgotten, of village Batura, P.S.: Pirojpur Sadar. I cannot remember others name at this moment.

Defence: Apart from madarasa students and student union members, were there any outsiders in razakar force?

Witness: Yes.

Defence: Among those was there any razakar named Delwar Mollik?

Witness: No, there was not.

Defence: How did you come to know that Golam Azam and AKM Yusuf were the President and Secretary of Khulna peace committee?

Witness: Hear say and also by East Pakistan Radio.

Defence: Did you listen to radio frequently then in 1971?

Witness: Sometimes I used to listen radio.

Defence: When did the East Pakistan Central Peace Committee forme?

Witness: I do not know the exact date.

Defence: Do you know where (in which office) it was formed?

Witness: I do not know but I heard that it was formed in Dhaka.

Defence: Do you know who was the president or convenor of the East Pakistan Peace Committee?

Witness: I know he was Golam Azam.

Defence: Do you know who was the general secretary or member secretary of the East Pakistan Peace Committee?

Witness: I do not have any idea.

Defence: Do you know how many members were in the East Pakistan Peace Committee?

Witness: I do not know.

Defence: Do you know that Abdul Malek was the Governor of the then East Pakistan?

Witness: I have heard that.

Defence: Who was the Governor of East Pakistan when the war broke down?

Witness: I do not have any idea.

Defence: Who was the Governor of East Pakistan at time of National and Provincial Assembly Election in 1970?

Witness: I do not know.

Defence: Do you know who were the presidents/commanders of peace committee and razakar force in the other police stations of Pirojpur sub-division?

Witness: I do not know.

Defence: So you are involved in politics, right?

Witness: I am not directly involved in politics.

Defence: Did you ever involve in politics?

Witness: Yes.

Defence: When did you leave politics?

Witness: For the last 13 years I have not been involved in politics.

Defence: There was an organizational territory of Awami League combining Indurkandi union and adjacent villages. You were the General Secretary of that territory. Is that true?

Witness: Yes, it is. It was 13 years ago.

Defence: You are a social worker. You have established a school named Sheikh Hasina Academy. Is that true?

Witness: Yes.

Defence: It was a coaching centre before, right?

Witness: Yes. However, I want to give an explanation for that. After I came back from abroad, all the people from my locality requested me to established a school. Upon their request, I established a girls’ school named Sheikh Hasina Academy on 28 January 1985.

Defence: The owner of the coaching centre was someone else named Delwar Hossain Chairman, right?

Witness: It is not true.

Defence: Who is the President of the school committee now?

Witness: AKMA Awal who is the local MP (Member of the Parliament).

Defence: Mr AKMA Awal is also known as Saidur Rahman. Is that true?

Witness: Yes.

Defence: Are you in the school committee now? Something like ‘founding member’?

Witness: No.

Defence: The school got govt. authorization during the 1st regime of Sheikh Hasina (1996-2001). Is that true?

Witness: It is not true.

Defence: The school got MPO [monthly payment order] incorporation during the same regime of Sheikh Hasina, didn’t it?

Witness: No, it is not.

Defence: You evicted Delwar Chairman from the coaching centre by way of force and coercion- is that true?

Witness: It is not true.

Defence: The present local MP AKMA Awal is the son of the president of the then peace committee Ekram Khalifa, right?

Witness: It is not true.

Defence: AKMA Awal MP has also evicted you from the school in the same way you evicted Delowar Chairman. Is that true?

Witness: Not really.

Defence: Have you given any wrong information to the Govt. while founding the school?

Witness: No. I have given all the information required by law of the land.

Defence: Have you given any wrong information about your personal life to the Govt. or any other authority?

Witness: No, I have not.

Defence: Have you signed the form containing your personal information in the last updated voter list?

Witness: True.

Defence: According to your birth certificate, which was issued in pursuance of the information given you, your date of birth is 03/11/1956, right?

Witness: It is not true.

Defence: What is your date of birth according to your birth certificate then?

Witness: I do not want to answer. You guys go and find it out.

Defence: You are bound to answer this question.

Witness: No, I am not.

The prosecution witness-2 was arguing that he was not bound to answer this question. However, the defence lawyer Mizanul Islam argued that according to section 18 of the ICT Act, the witness was bound to answer the question.

Upon reading the section 18, Justice Zahir then ordered the Witness to answer the question but that no action be taken against him even if he gives an inaccurate answer.

Witness: My date of birth is 30/11/1956. However, I want to give you an explanation.

The chairman then suggested that the witness does not need to give them an explanation as everyone knows that in Bangladesh date of birth is not authentic. In certain cases there are some mistakes.

The Prosecution lawyer Haidar Ali then request the Chairman of the tribunal to hear and accept the explanation, but the chairman refused.

Defence: Under whose command were the traitors arrested after 18 December in you area?

Witness: It was me.

Defence: You sent some of them to the killing squad of 2nd Lt. Zai Uddin situated at Sundarban- is that true?

Witness: It is not true.

Chairman: Learned defence counsel, are you sure Zia Uddin was a 2/Lt.?

Defence: Yes, my Lord. We have got a book with us written by him.

Chairman Ok. Proceed.

Defence: Did you make any list of the persons arrested?

Witness: Yes. I did. I included some of the names from hearsay.

Defence: Did you submit the list to district administration or police authority?

Witness: No.

Defence: You have submitted that list to Freedom-fighters Command Council after the present govt. got the power. Is that true?

Witness: Not at all. I have never submitted the list to any authority or person.

Defence: You were a student of school in 1971, right?

Witness: Yes, I was a student but not of school. I was a college student. I could not get admitted in the college in 1971 due to the war. Afterwards, I got admitted in Dhaka College and in 1973 in Dhaka University for my higher studies.

Defence: When did you pass your Secondary School Certificate (SSC)?

Witness: In 1970.

Defence: Your examination centre was at Chakhar in Barisal, right?

Witness: Yes. I registered from Pirojpur but sat for SSC from Chakhar.

Defence: When did the freedom-fighter council become established in Barisal?

Witness: I cannot remember.

Defence: What about Pirojpur? When did it was established in Pirojpur?

Witness: I cannot remember.

Defence: When were you incorporated into the freedom-fighter council?

Witness: I cannot remember but may be some time between in 2005-2006.

Defence: You submitted in your statement that you protested when Delwar Hossain Sayedee came to Pirojpur in 1996. How and in front of whom you have done the same?

Witness: Someone named Mokarram Hossain Kabir. He thought that I would protest if Sayedee would come to a Woaj Mahfil (agathering for the purpose Islamic teaching) at Parerhat High School field. Thats why they came to me requesting me not to do that. However, I told them, I would protest if he (Sayedee) would give any politically motivating speech.

Defence: You were not a member of any social or political forum/party in 1986, were you?

Witness: Not really. However, I am a social worker and freedom fighter that is why they came to me to seek my permission and then I expressed what I just said.

Defence: The said Mokarram Hossain Kabir you just mentioned is a freedom fighter as well, isn’t he?

Witness: Yes.

Defence: You raised objection only about not giving any politically motivated speech by Sayedee, right?

Witness: Right you are.

Defence: Your submission is untrue as were not a leader then so people would not go to you for permission.

Witness: I do not agree because they went to me.

Defence: I reject that. Nobody went to you this is the true fact.

Chairma: Learned counsel, why you are asking the same question again? You can raise this question at time of cross examination. Then why you are raising it now?

Defence: My lord, I am raising it because, it is a relevant question and it is a fact that he was not a leader then.

The Tribunal adjourned for lunch.

Defence: You protested only because of political reasons, right?

Witness: Yes.

Defence: Is Moslem Moulana still alive?

Witness: Yes.

Defence: He is now involved with Awami League politics. Is that true?

Witness: It is not true.

Defence: He is a leader of Awami Olama League.

Justice ATM Zahir: The Tribunal understands the fact that Witness has given false evidence in this regard knowing the fact that he is involved Awami Olama League.

Defence: Do you have any idea about ‘gono adalat’ (people’s court)?

Witness: No.

Defence: In 1994, there was a commission formed named People’s Investigation Commission who put advertisement in the news paper for collecting evidences against war criminals. Do you know that?

Witness: No.

Defence: Sayedee is known as Delwar Hossain Sayedee long before Independence War. Is that true?

Witness: It is not true.

Defence: I reject that. It is not true. Witness has intentionally given wrong information in his statement regarding Sayedee’s name as Md. Delwar Hossain Shikdar.

Defence: Do you have any idea about Operation Search Light?

Witness: Little bit. I came to know about that from radio.

Defence: Which radio?

Witness: The then East Pakistan Radio (Dhaka Centre).

Defence: Do you know the local time when the news from Dhaka Centre of East Pakistan Radio used to broadcast?

Witness: I do not know. I have heard that during 25-26 March 1971.

Defence: You did not know Sayedee in 1986.

Witness: It is not true.

Defence: You never told anyone that Sayedee was against the Independence War before coming to this trial. Is that true?

Witness: No.

Defence: When did you come to know about this trial?

Witness: Approximately seven months ago.

Defence: From whom did you come to know that? I mean who told you about the trial?

Witness: Prosecution witness-1 Mahabubul Alam Howladar of this trial.

Defence: Is that true that you did not given evidence in the Magistrate’s court (where PW1 has given evidence) even though you were asked to give the same by the Investigating Officer (IO) of the case?

Witness: It is not true.

Defence: When did you get introduced to the IO of this trial?

Witness: At the time when he went to investigate it. I cannot remember the exact date.

Defence: Roughly?

Witness: in 2010.

Defence: In which month? Or which part of the year-first/middle/end?

Witness: Most probably in March. However, I am not sure.

Defence: You did not give any statement to the Chief Investigtion officer of this trial (Helal Uddin), right?

Witness: I have given my statement to him at the first instance.

Defence: Where?

Witness: At Pararhat High School with other witnesses.

Defence: Who invited you to go there?

Witness: Nobody. I came to know that investigation is going on against Sayedee’s war crime. I went there willingly on my own.

Defence: How many people went there to give statement/evidence as well?

Witness: 3 or 4 people.

Defence: Can you please tell me their name?

Witness: (1) Sultan Ahmed, (2) Mahabubul Alam, (3) Khalilur Rahman. Mr Manik Poshra went there after I left the place.

Defence: Apart from the witnesses how many people were there?

Witness: 10/12 people were also present there.

Defence: Can please name 2/3 of them?

Witness: I cannot remember.

Defence: Do you know Mizanur Rahman Talukdar s/o Abdul Mazid Talukdar of the village Togra?

Witness: Yes.

Defence: Do you know Manik Poshra?

Witness: Yes.

Defence: Do you know Zafar Iqbal whose father Foyzur Rahman died in the Liberation War in 1971?

Witness: Yes.

Defence: Do you know Late Haripod Mondal?

Witness: Yes.

Defence: Do you know Shumoti Rani Mondal w/o Late Haripod Mondal?

Witness: No.

Defence: Do you know Shomor Mistri?

Witness: No.

Defence: Do you know Advocate Gopal Krishna Mondal s/o Kali Charan Mondal?

Witness: No.

Defence: Do you know Shuresh Chandra s/o Aku?

Witness: No.

Defence: Do you know Syed Sharafat Ali s/o Late Syed Abdur Gofur?

Witness: No.

Defence: Do you know Mahtab Uddin Howladar s/o Mosharof Howladar of the village Char Tengrakhali?

Witness: Yes.

Defence: Do you know Abdul Latif Howlader of the same village?

Witness: Yes.

Defence: Do you know Mostak Howlader of the village Hogla Buniya?

Witness: Yes.

Defence: Do you know Sultan Hawlader s/o Late Hossain Ali Howlader of the village Chighulia?

Witness: Yes.

Defence: Do you know Khalilur Rahman Sheikh s/o Late Imanuddin of the village Togra?

Witness: I know Khalilur Rahman Sheikh of the same village but I am not sure about his father’s name.

Defence: Do you know Abdul Latif Howlader s/o Hafiz Uddin Hawlader of the village Char Tengrakhali?

Witness: I know Abdul Latif Howlader from the same village, however, I do not know whether or not his father’s name is Hafiz Uddin Howlader.

Defence: Do you know Amit s/o Nokul of the village Lalitpur?

Witness: No.

Defence: Do you know Shukho Ranjan Bala s/o Lalit Kumar Bala?

Witness: No.

Defence: Do you know Shahidul Islam Selim s/o Nurul Islam Khan of the village Badura?

Witness: Yes.

Defence: Do you know Ayub Ali Hawlader s/o Shiraj Uddin Hawlader?

Witness: No.

Defence: Do you know Ruhul Amin Hawlader s/o Anwar Hawlader?

Witness: Yes, I know.

Defence: Do you know Mukunda Chakrabarti s/o Binod Bihari Chakrabarti?

Witness: I do not know him exactly.

Defence: Do you know Chan Mia Poshari brother of Manik Poshari?

Witness: Yes.

Defence: Do you know Basu Deb Mistri s/o Kali Kumar?

Witness: Yes. But I am not sure about his father’s name.

Defence: Do you know Mokhles Poshari?

Witness: Yes.

Defence: Do you know Mofiz Uddin Poshari s/o Moyej Uddin Poshari of the village Badulia?

Witness: Yes.

Defence: Do you know Manik Hawlader of the village Umedpur?

Witness: Yes. I know Manik of Umedpur, however, I am not sure whether or not his surname is Hawlader.

Defence: Do you know Abdul Kader Bepari s/o Tejbor Ali Bepari alias Tambu Bepari of the village Umedpur?

Witness: No, I do not know him.

Defence: Do you know Abdul Halim Babu of the village Parerhat?

Witness: There is no such person in Parer hat named Abdul Halim Babu.

Defence: Do you know Usha Rani Malakar w/o Haralal Malakar of the village Parerhat?

Witness: Yes.

Defence: Do you know Josna Biswas w/o Shamiron Biswas?

Witness: No.

Defence: Do you know Bimol Chandra Haldar s/o Kashinath Haldar of the village Andarpur?

Witness: No, I do not.

Defence: Do you know Abdul Halim s/o Solaiman Bashak Ali of the P.S. Shorupkathi, District: Bagerhat?

Witness: No.

Defence: Do you know Golam Hossain Talukdar s/o Rajab Ali Talukdar?

Witness: No.

Defence: Do you know Ishaq Ali Khan s/o Abdul Mazid Khan?

Witness: No, I do not know him.

Defence: Do you know Pulok Choudhuri s/o Hirendra Mohajan Choudhuri, President of District Chatra League in 1971?

Witness: No.

Defence: Do you know Gauranga Chandra Saha s/o Hari Das Saha of the village Parar Hat?

Witness: Yes.

Defence: Do you know Rani Begum daughter of Abdul Aziz Hawlader of the village Kadamtola?

Witness: No.

Defence: Do you know Abdul Aziz of the village Nol Munia?

Witness: Yes.

Defence: Do you know Mostofa Hawlader s/o Yousuf Hawlader of the Hawlader Bari?

Witness: I have already answered the question earlier.

Defence: Do you know Shafiul Islam s/o Abdul Joynal Abedin?

Witness: No.

Defence: Do you know Ramesh Chandra Saha s/o Priyo Ranjan Saha of Bagmara, Pirojpur?

Witness: No.

Defence: Do you know Ram Gopal Saha s/o Gauranga Saha?

Witness: I know his father Gauranga Saha but I do not know Ram Gopal Saha.

Defence: Do you know Bankim Chandra Saha s/o Radha Chandra Saha?

Witness: No.

Both the Tribunal Chairman Justice Nassim and Justice ATM Zahir asked the defence lawer Mizanul Islam to restrict the numbers of names he was asking since they appears irrelevant and it was killing the valuable time of the Tribunal.

Defence: Do you know Bajlur Rahman s/o Abdur Hamid Chaprashi of the village Indurkani?

Witness: No.

Defence: All these people you have told that you know are involved in the Awami League’s politics as a leader/activist/supporter.

Witness: I do not know.

Defence: Do you know any of them are involved in the politics of Jamat-e-Islam?

Witness: No idea.

Defence: My fellow counsel Kafil Uddin will conduct the further examination in chief.

Defence: Were you a class captain in the school/college?

Witness: No.

Justice ATM Zahir: It is irrelavent.

Defence: What was your father?

Witness: He was a school teacher.

Defence: Where did he study?

Witness: Pirojpur Govt. High School.

Defence: How far from the school was your home?

Witness: 5 to 5.5 miles.

Defence: From which centre did you sit for your SSC examination?

Justice ATM Zahir: It is irrelevant and the question was asked before. Therefore, we are not going to allow the defence to ask the question again.

Defence: You sat for your SSC examination from Chakhar Centre which is 50-60 miles far from your home.

Witness: It is not true. It is just 30-35 miles away from my home.

Defence: You sat for the SSC examination as a student of Chakhar School- is that true?

Witness: No, it is not.

Defence: You have submitted in your statement that you came to Parerhat market place from your previous house/address in mid-June, 1971 to buy supplies for freedom-fighters. How far is your previous house from Parerhat market place?

Witness: 1 to 1.5 kilometre.

Defence: Who was residing at that house then?

Witness: One of my sister-in-laws and two of my younger sisters.

Defence: Where were your parents then?

Witness: They were at our new house just beside Parerhat market place.

Defence: You were a well known person at Parerhat market place then, right?

Witness: Yes, I was at that time.

Defence: For whom you went to buy supplies at Parerhat Bazar?

Witness: For freedom fighters.

Defence: They were elder/younger than you?

Witness: They were elder as well as younger than me. Some of them were the same age.

Defence: Could you please name some of them?

Witness: Sure. Md Abdul Aziz who was an EPR soldier then, Md Shah Alam, Md Siddikur Rahman, Sahid and some others.

Defence: Are the still alive?

Witness: Two of them are no more alive. Md Abdul Aziz was killed by razakars later on and Md Shah Alam died in the freedom fight.

Defence: Why did you buy supplies?

Witness: To send the supplies for the other units of the freedom fighters.

Defence: How many freedom fighters were present at your house on that day?

Witness: Those four freedom fighters I have mentioned earlier.

Defence: Did you use any transport to go to Parerhat Bazar?

Witness: Yes. By a boat. The boatman’s name was Safi Majhi.

Defence: How long did you stay there roughly?

Witness: I reached at Parerhat market place at 10 am in the morning and I left the place by about 12 pm-1 pm.

Defence: Did you meet your parents on that day?

Witness: I did not meet my father. I met only my mother.

Defence: What were the supplies you bought?

Witness: Rice, lentils, cooking oil, soap etc.

Defence: How was the weight altogether?

Witness: In two jhakas (carrying basket made of bamboo locally) roughly 25-30 KGs (10-12 KGs in each basket)

Defence: Did anyone in the Parerhat market place know that you have joined liberation force?

Witness: Some people knew that; not each and everyone.

Defence: When did you join liberation force?

Witness: I tried to organize people of my age and seniors from the first week of April.

Defence: How and when did you get arms (revolver) you used?

Witness: I got the revolver from my brother-in-law Doctor Shamsuddin Ahamed who was the President of Morolgang Shangram Parishad (a forum of the people who wanted independence). I got it at the 1st week of May 1971.

Defence: You mentioned the name of a shop as Masum Store in your statement. Was it your father’s shop?

Witness: Yes.

Defence: You have also mentioned the name of Masum Uddin in your statement. Is he still alive?

Witness: Yes. He was a member of Peace Committee.

Defence: Where did you get the training?

Witness: Initially we were trained by Abdul Aziz who was an East Pakistan Rifles (EPR) soldier then using fake rifles of Mukul Fouj (an organization to train the youth to fight/support the regular force in an emergency of the state). The training took place in big field near my previous house.

Defence: How long did the training continue?

Witness: From the first week of March to until one to two days before Pakistani Army came to our area.

Defence: How many people got training then?

Witness: 10-12 people.

Defence: How did you manage your food at the time of training?

Witness: From our own house. Each and everyone arranges their own food.

Defence: When did the training take place?

Witness: At day time.

The chief prosecutor objected because the Witness was giving new information 'voluntarily'. Justice ATM Zahir replied that if the Witness says something voluntarily then the Tribunal has to accept it, therefore, the objection was over-ruled.

Defence: Can you please name those 10-12 people who got training with you?

Witness: I cannot remember their names.

Defence: So your elder brother is a freedom fighter as well?

Witness: Yes, he is.

Defence: Is he alive?

Witness: Yes.

Defence: Where did he study in 1971?

Witness: In Jagannath College.

Defence: What is your educational qualification?

Witness: I did my Bachelor of Arts (Hons) in Bengali Literature from University of Dhaka.

Defence: I am saying that you passed the Higher Secondary Certificate (H.S.C.)

Witness: It is not true.

Defence: Can please produce the certificate before the trial?

Witness: I do not have the certificate now. I have lost all of my documents in Sidre (name of cyclone). I have made a general diary (G.D.) in this regard at Pirojpur Sadar P.S.

Defence: Can please produce the certificate anytime before the Tribunal finishes?

Witness: Yes.

Defence: In the mid-June when you been to Parerhat market place, there was a camp of peace committee and razakars in the house of Fakir Das at that place. Is that true?

Witness: It is true.

Defence: Was there a Pakistani Army camp nearby?

Witness: Not nearby. At Raj Laxmi School.

Defence: In that dire situation no young boy would not dare to walk beside the camps, right?

Witness: It is not true.

Defence: If Razakars/Pakistani Army saw a young boy walking besides, they used to ask, arrest and interrogate them.

Witness: Not true. They arrested and interrogate only the people they doubted.

Defence: You were in the Parerhat market place for such a long time. Did anyone see you?

Witness: No one but Nurul Haq Moulvi at the time of looting.

Defence: There were lot people at the market then as that was the fixed day for the weekly hat. And lot of people know you. What do you say to that?

Witness: (Kept silent...)

Defence: Has the prosecution’s first witness Mahabubul Alam Hawlader know you for long time?

Witness: Yes, he was a freedom fighter.

Defence: What was his profession in 1971?

Witness: Student.

Defence: What is his present profession?

Witness: I do not know. He has got a well built house and he is upazilla commander of the freedom fighters.

Defence: Your area became enemy-free on 8 December. Do you know that?

Witness: Yes. Total area of Pirojpur including our area.

Defence: After becoming an enemy free area, the house of Fakir Das, which was previously Razakar’s camp was turned into freedom fighter’s camp.

Witness: It is not true. Freedom fighters took over that house on 18/12/1971.

Defence: Freedom fighters Khosrul Alam and your maternal uncle Amirul Islam Alam became the commanders and Mokarram Hossainn Kabir became the deputy commader of that camp after taking over the said camp. Is that true?

Witness: It is not true.

Defence: After taking over the said camp, they identified the razakar, peace committee members and their supporters on 13, 14, 15 & 16 December and sent them to the killing squad of 2nd Lieutenant Zia Uddin (later on Major) situated in Sundarban before you (came to your area, is that true?

Witness: It is not true.

Chairman: Same question was asked earlier. So, it will not be taken.

Defence: After taking over control over the area including the administration, they arrested the people who were against the independence Maulana Shah Mo. Abu Jafor, Ashraf Shikder, Advcate Shamsher Ali, Delwar Hossain Mallik- is that true?

Witness: I do not know because none of them are from Parerhat area.

Defence: Apart from that they filed case for the charge of killing, looting, rape, setting fire in the homestead against hundreds of razakars, peace committee members?

Witness: I do not know.

The chief prosecutor objected, but it was overruled.

Defence: In the post-war period none of the locality identified the said Delwar Hossain Shikder as against the independence war. You did the same for the first time before this tribunal- is that true?

Witness: It is not true.

Defence: You did not give the name Delwar Hossain Shikder even before the Investigation Officer of this tribunal.

Witness: Not true.

Defence: You were under 2nd Lt. Zia Uddin’s command during independence war, right?

Witness: For certain time but not for long time. We know each other.

The tribunal was then adjourned for the day