Sunday, July 22, 2012

21 June 212: Chowdhury 5th witness cross exam

The hearing started with the remaining part of the prosecution witness no. 4 in the Salauddin Quader Chowdhury case, that of Mr. Profullo Chandra Singh - carrying on from the day earlier - and then went onto the cross examination. He was questioned by prosecutor Zead Al Malum.
Witness: On 1971 when I was in Ramgor I met Professor Dr. Anisuzzaman there. He asked me about the condition of our house and my father. I have told him. My father is no more. On 13th April, 1971, the Pakistan Army along with Salahuddin Quader Chowdhury came to our house and dragged out my father from the Mondir and shot him afterwards. Thereafter I have met several other known faces and answered them in the same way in response to the same question about my father and our house.

That is the end of my deposition. I would like to reveal the full and real facts about the killing of my father- through yourselves, my Lord. I would pray before your Lordship for punishing the real demons.

Prosecutor: Is Mr. Salahuddin Quader Chowdhury is present before the Court?

Witness: Yes.
Prosecutor: At this stage; the learned counsel for the defence team will start you cross examination.

Cross Examination
Defence: When Salahuddin Quader Chowdhury was the Health Minister at the time of the Ershad Government at that time, the license for your business of Narcotics was cancelled.

Witness: Not true.

Defence: When did the production of “Mrito Sonjiboni Sura” became banned?

Witness: I can’t recall the time. And in the Ayurvedik world “Mrito Sonjiboni Sura” is used as a medicine. It was banned throughout the country, not only for us but also for other manufacturers.

Defence: You didn’t mention to the Investigator that in 1971 you were in Ramgor?

Witness: I can’t remember whatever I said to the investigator.

Defence: You didn’t mention to the Investigator that Professor Dr. Anisuzzaman has asked you about the condition of your house and father. And you have told him, your father is no more.

Witness: I can’t remember whatever I have said to the investigator.

Defence: You didn’t mention it to the Investigator that, thereafter I have met several other known faces and answered them in the same way in relation to the same question about my father and our house.

Witness: I can’t remember whatever I have said to the investigator.

Defence: Did you meet Salahuddin Quader Chowdhury before?

Witness: Yes.

Defence: Mirza Abu Ahmed, Chairman- Amanot Khan, Chairman- Didarul Alam- all of these three were the supporters of Muslim League.

Witness: Yes.

Defence: Whether Mr. Amanot Khan has been harassed after the liberation war?

Witness: I don’t know.

Defence: At that time Salahuddin Quader Chowdhury came to Chittagong Goods Hill and at his house at the village.

Witness: Yes.

Defence: You have a good relationship with Mr. Abdullah Al Harun.

Witness: Yes.

Defence: When did you meet Abdullah Al Noman for the last time?

Witness: I can’t remember the year. It may be 5 to 6 years ago.

Defence: One of his brothers Abdullah Al Hannan died some years earlier. Can you mention the year? Did you meet Mr. Noman at the funeral session that time?

Witness: He has died 3 to 4 years ago. I have meet Mr. Noman there at his funeral.

Defence: At the 1979 election Mr. Noman has been defeated by Salahuddin Quader Chowdhury?

Witness: Yes.

Defence: You are a voter from Raujan area?

Witness: Yes.

Defence: In the 1986 election Salahuddin Quader Chowdhury defeated ABM Mohiuddin from the Raujan area of Chittagong?

Witness: I can’t recall the matter.

Defence: In 1991 election Salahuddin Quader Chowdhury has defeated ABM Mohiuddin for the second time.

Witness: True.

Defence: In 1996 election Mr. Giyasuddin Quader Chowdhury younger brother of Salahuddin Quader Chowdhury has been elected from the Raujan area?

Witness: Yes.

Defence: The present Member of Parliament Mr. Fazle Karim Chowdhury from the Raujan area is the paternal cousin of Salahuddin Quader Chowdhury.

Witness: Yes.

Defence: After the liberation war this Fazle Karim Chowdhury was a supporter of the same group National Democratic Party with Salahuddin Quader Chowdhury.

Witness: Yes.

Defence: Till 1954 to 1970 there was no general election.

Witness: As I am not a political personality, I know nothing about it.

Defence: During 1954 to 1970 there was election based on basic democracy?

Witness: Yes.

Defence: In the 1970 election Raujan falls under which constituency of Hathajari?

Witness: I don’t know.

Defence: In 1970 whether Raujan and Hathajari was under same electoral constituency?

Witness: I don’t know.

Defence: In 1970 election the following persons have represented the following groups- 1) Md. Khaled from Awami League 2) Fazlul Quader Chowdhury from Convention Muslim League. 3) Mufti Maulana Yousuf from the Nejami Islam group 4) Abdus Sattar from the NAP Mujaffor group and 5) Abul Hasnat as an independent candidate.

Witness: Yes.

Defence: If one counted the votes for the Awami League candidate and the sum of the votes of all other candidates, it would be found that in that election of 1970 the sum of the total vote of all the other [non-AL] candidates is higher than the individual candidate of Awami League.

Witness: I don’t know.

Defence: In 1954 election Fazlul Quader Chowdhury didn’t get the nomination from the Muslim League, he was an individual candidate.

Witness: I don’t know.

Defence: Mahbubul Alam Chashi was the candidate from the Joint Front whose father was Abul Kashem, Sub-Judge.

Witness: I can’t recall.

Defence: At that time the election constituency consisted of Boalkhali, Pachlaish, Raujan,Rangunia, Hathajari and the area of Chittagong Hill Tracts.

Witness: I don’t know. And I don’t know whether Mr. Fazlul Quader Chowdhury has been elected at the election.

Defence: Your elder brother Shottoronjon Singha has filed a case about the killing of your father; can you mention the relevant sections?

Witness: No.

Defence: Did you see the FIR of the case?

Witness: Yes.

Defence: In that case Fazlul Quader Chowdhury was the first one as accused.

Witness: Yes. Afterwards the case has been transferred to High Court Division from the Chittagong district.

Defence: After taking the deposition of Brojhori Kormokar in 02-5-1980 all the accused have been acquitted.

Witness: I don’t know that. I know till the time of Charge Sheet.

Defence: Did you read the Charge Sheet?

Witness: Yes.

Defence: You were the witness in that Charge Sheet.

Witness: Yes. Statements of 4 to 5 persons along with me; have been taken under section-164 of the CRPC before a Magistrate.

Defence: Mr. Shukhendu Bikash Guho and PP- Amirul Islam were your counsel.

Witness: I can’t recall the names.

Defence: Mr. Josna Kumar Chowdhury was the counsel for the side of the accused.

Witness: I don’t know.

Defence: Mr. Shotto Ronjon has filed another case holding the number- 42(2)72; about the looting and arson on your house.

Witness: Yes.

Defence: Whether Salahuddin Quader Chowdhury was the accused in the case?

Witness: I can’t remember.

Defence: This case has been withdrawn by Mr. Amirul Islam, on behalf of the state.

Witness: This case has been withdrawn for the general amnesty of Sheikh Mujibur Rahman.

Defence: Whether Salahuddin Quader Chowdhury was accused in this case?

Witness: I don’t know.

Defence: Do you know the Jomidar Rokkhit Family of Noapara?

Witness: Yes.

Defence: They have worked for Salahuddin Quader Chowdhury and Fazlul Quader Chowdhury in the election.

Witness: I don’t know.

Defence: Priotosh Talukdar is the brother in law of Shotto Ronjon Singha; who was the adherent of Salahuddin Quader Chowdhury and Fazlul Quader Chowdhury.

Witness: Yes. But I don’t know whether he was a follower on his free will.

Defence: Whether your elder brother was a proposer of Salahuddin Quader Chowdhury in the election.

Witness: Yes. He has been forced to do so.

Defence: Whether there was any Government in power at that time?

Witness: I can’t remember; maybe it was a regime of BNP and Ziaur Rahman.

Defence: Whether there has been any electoral case filed against the matter of forceful involvement?

Witness: I don’t know.

Defence: You and Mr. Harun have made Shotto Ronjon to move for filing this case.

Witness: Not true.

Defence: Right now Kundeshwari is under the Raujan area?

Witness: Yes. The present Pourosova Chairman is Kaji Hasan, who is a supporter of BNP. He has not been elected by compelling to elect him by casting their votes.

Defence: Whether Ziaur Rahman went to Kundeshwari?

Witness: Yes.

Defence: Ziaur Rahman has allocated a lot of money to you all.

Witness: He has given a donation of 22 lakhs and 50 thousand taka for the welfare of our school and college. Mr. Ershad has also given funds for the Biology department of the College. But the present Government didn’t make any award for this term and before this term when they were in power. This year my father has been awarded with the “Shadhinota Folok” and I have received two lakhs taka on behalf of my father and awarded the sum to the fund of college.

Defence: The award has been made to make you as a witness in this case.

Witness: Not true.
At this point on being irriated by the question of the defence counsel the witness asked the defence counsel that, ‘what can you say about liberation when your party was not believing in liberation war? Then the counsel asked ‘who said that I belong to any political party?’ Then the witness said that the lawyer has said it before a number of time previously. Then the counsel became furious by shouting out loud and the Prosecutors started shouting against the defence counsels.

The defence counsel Ahsanul Haque said that I can’t further proceed in this kind of environment. He took his seat and took a sip of water. When he again went before the dais, the Prosecutors started mumbling some words about the counsel and one prosecutor Altaf Uddin Ahmed started calling him insolent. Then all defence team started to loudly protest against the use of the term. And there was chaos in the court room. Then the Chairman intervened and asked for quiet and said that everyone should control themselves, specially the counsels of Prosecution. ‘Don’t exceed your limit. This is for the last time I warn you all,’ he said

Defence: Whether Kundeshwari is an institute or complex?

Witness: It is a complex. It comes from the name of a Goddess “Jogoddhatri”; and situated at the Purbo Gohira.

Defence: When your father arrived in 1942, when did he start residing there?

Witness: At Purbo Gohira. He has come here from Kolkata and Burma. And my grandfather was living at Binajuri, at his in laws house.

Defence: Where was his grandfather was born?

Witness: I don’t know.

Defence: Your father has come here without any money.

Witness: It is not true. He has not come with loads of money, but he did come with some money.

Defence: When did Sheikh Mujib visit your house?

Witness: I can’t remember the year. But it was before the election season.

Defence: Whether there is any photograph of Sheikh Mujib with you all at your house?

Witness: We have photograph, but it was taken at the house of Mr. Harun.

Defence: He has not ever visited your house. You have made a false statement.

Witness: Not true.

Defence: Fazlul Quader Chowdhury has visited three times before the election.

Witness: Not true.

Defence: You and your father was not a supporter of any political party.

Witness: Yes.

Defence: How many voters were there at your house during the 1970 election?

Witness: I can’t remember.
Prosecutor intervenes about the relevancy of the question and further disturbance started. The Chairman again said, that if this thing again occurs, we won’t allow it
Defence: Whether your father has settled any School and colleges outside Kundeshwari?

Witness: No. But he has made a lot of contribution in other settlements.
Prosecutor Altaf Uddin Ahmed again makes a comment, and then the Chairman said to the Chief Prosecutor to stop his colleague, otherwise he would be bound to remove him from the room.
Defence: There are around 16 to 17 schools and colleges founded by QC Foundation at the Gohira of Anwara, Hathajari, Raujan, Rangunia, Rangamati; and Salahuddin Quader Chowdhury is the Chairman of this QC Foundation.

Witness: These institutions have been settled up for nowadays.

Defence: These have been instituted after 1972.

Witness: No. I think after 1980.

Defence: How many roads are there to go from Kundeshwari to Ramgor.

Witness: I can’t say exactly. But we followed the way towards Kundeshwari- Gohira- Choumuhoni- Nagorpur- Bibirhat- Heyako- Baganbazar.

Defence: What is the distance of the road as you have mentioned now?

Witness: I don’t know.

Defence: Whether Ms. Nomita Singha, wife of Mr. Shotto Ronjon knows about the statements you are placing before the Investigator.

Witness: Yes.

Defence: Whether Investigator has visited her?

Witness: As per my knowledge he didn’t meet her.

Defence: You didn’t ensure that she was present before the investigator on the apprehension that she will tell out the actual truth.

Witness: Not true. Investigator has gone for the investigation purpose only of this case; not for investigating about Kundeshwari Oushodhaloi.

Defence: You are enjoying the benefits out of Kundeshwari by depriving Nomita Singha; but Nomita Singha is only there on paper only.

Witness: Not true.

Defence: Whether she has any monthly salary?

Witness: Being a chairman she just receives a monthly allowance not any salary. Basudeb Singha, the son of Nomita Singha is another director of our organization.

Defence: How many directors are there in your company?

Witness: 7.

Defence: Mention the names.

Witness: 1) Nomita Singha 2) Profullo Ronjon Singha 3) Kolyani Singha 4) Basudeb Singha 5) Rajib Singha 6) Suborna Singha 7) Kosturi Singha

Defence: Who is Nomita Singha?

Witness: Wife of Shotto Ronjon Singha.

Defence: Who is Kolyani Singha?

Witness: My wife.

Defence: Who is Basudeb Singha?

Witness: My nephew and the son of Shotto Ronjon and Nomita Singha.

Defence: Who is Rajib Singha?

Witness: My son

Defence: Who is Suborna Singha?

Witness: Wife of Basudeb Singha.

Defence: Whether there is any difference in the shares?

Witness: Yes.

Defence: Only the members of your family are controlling the organizing; the others do not possess that much power.

Witness: Not true. Ours is a joint family.

Defence: Whether Mr. Gourango Singha receives any allowance?

Witness: Yes.

Defence: It is untrue that- Mr.Fazlul Quader Chowdhury has come before the election to the minority populated areas; and said them- “I know you will cast your valuable votes for me. You don’t need to go to the voting station. If you would refrain yourselves from going to the vote centers, in that case I will get to know that- you have casted your votes upon me.”

Witness: Not true.

Defence: ‘The people who by violating the words of Fazlul Quader Chowdhury visited the vote station to cast votes, they were tortured afterwards’ --- you have not said these sorts of words to the Investigator.

Witness: I can’t recall my memory.

Defence: Could you mention 5 of the names who have been tortured for violating the words of Fazlul Quader Chowdhury?

Witness: No. I don’t know.
Justice Nizamul Huq: The Court is adjourned till 2 P.M.

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