Sunday, July 22, 2012

26 Jun 2012: Chowdhury 5th witness cross exam 2

Sayedee attendant
In the afternoon, following the Sayedee witness cross examination, one of the defences Counsels Tajul Islam came to the dais and submitted an application for appointing a personal attendant for Delwer Hossain Saydee.

Justice Nizam: Mr. Malum did you get the copy of this?

Zead-al-malum: Yes, my lord.

Justice Nizam: Okey, we will hear and give Order tomorrow.

Zead Al-Malum: the defence should specify the name of the person who can be a full time attend the accused in the hospital. Then you can decide whether to allow the application.

Chairman: Ok, Tajul Islam, give us the names who can attend, Prosecutor – you should reply on this application tomorrow.

Court passes
Then Justice asked one of the bench clerks to call the person who issues pass. Then Matiur Rahman  came before the Judges.

Justice Nizam: Do you have any instruction regarding issuing pass?

Matiur Rahman: Yes sir.

Justice Nizam: In case of family member how many pass will be issued?

Matiur Raham: My lord, 10 persons will be from the family member.

Justice Nizam: And from the lawyer?

Matiur Rahman: Sir, 5 members from the lawyers.

Justice Nizam: Did you verify whether a person is actually from the family member or not? In that case you should verify. And also say to fakhrul Islam or Tajul Islam and other defence counsels to give their list of name of their lawyers. Another thing is, do you know all the journalist?

Matiur Rahman: Yes Sir, most of them.

Justice Nizam: Not all, please before issuing pass note down the name of the newspaper and name of the journalist.

Matiur Rahman: Yes, sir.

Justice Nizam: Young man from the second bench of the defence counsels please stand up. Are you an advocate?

Young man: No, my lord, I am not enrolled yet.

Justice Nizam: Then why have you come to the Tribunal by maintaining dress code of the lawyer. If you are a lawyer then only you maintain the dress code otherwise not.

Chowdhury witness cross examination
The cross examination of the fifth witness, Praphulla Chandra Sinha, relating to the case of Salauddin Quader Chowdhury continued, following on from 25 June

Defence: In childhood where did your father study?
Witness: He has no institutional knowledge but he completed his lower primary education from the Jagatopur Asrom Anthaloi in Chittagong.

Defence: Where was the Jagatopur Asrom Anthaloi?

Witness: It was situated at the opposite side of the thermal-power station at the Rawjaan-Rangunia Border.

Defence: When he was studied there was no thermal-power station.

Witness: Yes, there was no thermal-power station.

Defence: When did his father die?

Witness: When his age was 8 years.

Defence: When did his mother die?

Witness: When his age was 2 years.

Defence: Then who would look after him?

Witness: One of my aunties looked after him.

Defence: What was her name?

Witness: I do not know.

Defence: Do you know the place Gowranghaat of the Unsattar para?

Witness: I do not know Gowranghaat but I know Gourishankar haat.

Defence: How long distance it (Gowrishankar haat) was from the Kaptai road?

Witness: It may be 2 and half mile away from the Kaptai road.

Defence: How long distance was it from the Kundeswary?

Witness: It was 8 miles away from the Kundeswary.

Defence: Would you please tell us the name of that road?

Witness: I do not know the name of that road but for coming at Kundeswary at first one should have come on Rangamati road then come to our Kundeswary.

Defence: You and your family went at Ramghar by two Jeeps (car).

Witness: Yes.

Defence: Who was the owner of the two jeeps?

Witness: We had one jeep and another might be left by the “WAPDA” (The Water and Power Development Authority (WAPDA) at our house.

Defence: Did you know when these Jeep came back to the Kundeswary?

Witness: None came was back to the Kundeswary because both were seized by the Tripura Government.

Defence: Who was your Driver?

Witness: I cannot remember.

Defence: Did Mr. Noman return by keeping you at the Ramghar?

Witness: Yes.

Defence: Did you know whether Mr. Noman came at your house on 12th, 13th, 14th, 15th April?

Witness: I do not know.

Defence: Did you ask him whether he went to your house on 13th, 14th, 15th April or not?

Witness: No, I did not ask him.

Defence: Did Mr, Harun go to your house on 13th, 14th, 15th April?

Witness: I do not know.

Defence: When did you meet with Mr. Harun.

Witness: It was in May or in the month of June.

Defence: Did you ask him whether he had gone to your house or not?

Witness: No, I did not ask.

Defence: During the Liberation War house of Mr, Noman and Harun was not burnt by anyone?

Witness: Yes.

Defence: Owner of the Newspaper Azan was Fazlul Quder Chowdhury.

Witness: Yes.

Defence: Owner of the newspaper Azadi was Engineer Abdul Khalek.

Witness: Yes.

Defence: Professor Khaled is the son-in-law of the Engeneer Khaled.

Witness: Yes.

Defence: M.A malek who is the present owner is the son of Engeneer Khalek.

Witness: Yes.

Defence: Newspaper which you have given to the Investigation Officer are the Azadi newspaper.

Witness: Yes, most of them

Defence: And these were published after 1969.

Witness: I do not know.

Defence: From 1971 to 1979 Professor Khaled was the owner of Azadi newspaper.

Witness: I do not know.

Defence: Is there any Kundeswar herbal college?

Witness: Yes.

Defence: Did it exist 1971?

Witness: No.

Defence: Is there any person of your family who was expert in herbal treatment?

Witness: None except my father.

Defence: Did he introduce himself as Herbal expert?

Witness: No.

Defence: Did he introduce himself as professor?

Witness: No.

Defence: When did Chittobabu die?

Witness: In 1990.

Defence: Is his wife and children alive?

Witness: Yes, they are alive.

Defence: When did Sotto babu die?

Witness: In 1985.

Defence: Family of Chittobabu lives in India.

Witness: Yes.

Defence: Your sister-in-law Krisno Mahjon also lives in India?

Witness: Yes.

Defence: Allied class of the Chittagong is Rajgaria. Do you know anyone from that family?

Witness: Yes.

Defence: Did you know Nironjan Babu who was the owner of the United Chemicals.

Witness: Yes.

Defence: Did you know Mrs. Nalisen Gupata?

Witness: Yes.

Defence: Do you know Professor Jugesh Singh?

Witness: Yes.

Defence: They were renowned persons in Chittagong?

Witness: Yes.

Defence: They all took shelter in Good hills during the Liberation war.

Witness: I do not know.

Defence: Did you see anyone in India?

Witness: No, I did not see.

Defence: Would you please tell me whether your brother got any money from the Kundesawary?

Witness: I do not know.

Defence: Gahira School was your vote centre.

Witness: Yes.

Defence: Vote centre of Mr. Chowdhury and your’s were the same.

Witness: Yes.

Defence: Many people know about your father’s death.

Witness: Yes.

Defence: Sallah Uddin Quder Chowdhury was never defeated in this Vote centre.

Witness: Yes.

Defence: Did you know whether Mr. Noman or Mr. Harun helped at the cremation of your father.

Witness: I do not know.

Defence: When did you cross the border?

Witness: On 12th April.

Defence: When did Mr. Harun and Noman cross the border?

Witness: I do not know.

Defence: You met with H.T Imam at subroom.

Witness: I did not meet with him at subroom; I met with him at Agortola.

Defence: Did you mention the incident of your father death to the H.T Iman.

Witness: No, because he would know the matter.

Defence: In June 1971, your brother was appointed as the member of Minority Board by the Government.

Witness: Yes

Defence: A Gazette has been published in this regard.

Witness: Yes.

Defence: You did not tell it to the I.O that the Bangabandhu came at Kundeswary to condole the Minority group of people.

Witness: I have said it.

Ahsanul-Haq-hena: You did not tell it to the I.O that Bangabandhu said to your father that “Uncle pray for me, I am going to do a big task”

Witness: I have said it.

Defence: Did you say it in anywhere oinyour book that Bangabandhu came at Rawjaan after the 1970’s election.

Witness: I have said that at first he came at Rawjaan then went at Betbunia.

Defence: You did not tell it to the I.O that “the incident was seen by the witnesses from a room of another two storied building at the east side”

Witness: I dio not remember.
Zead-al-malum: My lord, one cannot cross-examine a matter which was coming out by the cross-examination.

Defence: Omission amounts to contradiction when it is vital part. So cross-examination is legal here.

Zead-al-Malum: I want to refer section 23 where it is mentioned that CrPc will not be applicable here. How a portion of the cross-examination will be asked as a question of cross –examination. This portion is solely extracted from the cross-examination.

Justice Anwarul Haq: Chief examination and cross examination both are the part if evidence so we will take the question but with the objection of the defence counsels.
Defence: If before the Liberation war, Sheikh Majibar Rahman went at Rawjann then you surely would have written it in your book.

Witness: It is not true.

Thus the court is adjourned.

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