Monday, July 23, 2012

3 Jul 2012: Azam 1st witness cross exam day 2, pm

Continuing from the morning session, the cross-examination of the prosecution witness Moontasir Mamun, the first witness in the Gholam Azam’s case, continued with the one of the defence Counsels Mizanul Islam asking questions.
Defence: In 1970’s election Mr. A.K Faizul Haq son of Mr. A.K Fazlul Haq was involved in Awami League.

Witness: I do not know.

Defence: In 1996 Mr. A.K Faizul Haq was the Minister of Awami league.

Witness: I can not remember.

Defence: Did you have any idea regarding the role of Faizul Haq during the Liberation War?

Witness: No, I do not have.

Defence: Do you know whether there is any speech or any statement of Ghulam azam before 25th March opposing handing over the power to Sheikh Majibur Rahman after the 1970’s Election.

Witness: No, I do not say anything.

Defence: Whether there was any statement and speech of Mr. Julfiker Ali Bhutto opposing handing over power to the Sheikh Majibar Rahman.

Witness: I cannot say it without seeing the documents but he opposed to held national parliamentary session.

Defence: Did he propose for two governments?

Witness: May be it is written in my documents.

Defence: General Yahya decided before that they attacked on 25th March.

Witness: May be.

Defence: Their consultation with the Bangabandhu Sheikh Majibur Rahman was nothing but eye-wash.

Witness: May be.

Defence: They basically enhance their power by showing that they were consulting with Sheikh Majibar Rahman.

Witness: May be.

Defence: Before Operation Search Light Yahya khan was in Dhaka.

Witness: Yes.

Defence: There was no statement or a speech in any newspaper that before Operation Search Light professor Ghulam Azam met with Yahiya Khan

Witness: I cannot remember at this moment.

Defence: In your statement or documents is there any news like this?

Witness: I cannot remember at this moment.

Defence: When did you hear about the Operation Search light for the first time.

Witness: After 25th March.

Defence: In which way you have heard it for the first time?

Witness: I can not recall it now.

Defence: Places were occupied by the Pakistan Army which were in possession of the Freedom fighters.

Witness: Yes.

Defence: Did you know whether Pakistan Army used any Operation Code other than the Operation Search light from 25th March to 16th December.

Witness: I do not know whether there was any other operation or not, in my opinion whole operation was only “Genocide”

Defence: Whether there was any rules and regulation of Pakistan army to conduct activities according to the Operation search light?

Witness: I do not know.

Defence: Who were involved in Operation Search light?

Witness: Pakistan army.

Defence: Did you know whether Pakistan army was under the control of any civilian or not?

Witness: They influenced Pakistan army.

Defence: Control and influence these are two different words?

Witness: Yes.

Defence: Before the formation of the peace committee General Yahiya had no connection with the any Civilian.

Witness: I do not think so.

Defence: Before 4th April 1971, no person had any relation with general Yahya and Tikka khan except Awami league.

Witness: I do not think so, if they did not have a relation then they could not able to arrange a meeting on 4th April 1971.

Defence: They communicated on 4th April and met on 4th April.

Witness: How can I say?

Defence: When was the Peace committee formed?

Witness: May be on 9th April.

Defence: Who was the convenor then?

Witness: Khaz khairuddin.

Defence: Who was the editor then?

Witness: I can not say.

Defence: In whose leadership Peace committee was divided?

Witness: So far I can remember Peace committee was divided under the leadership of Mowlabi Farid Ahmed and then it was named as “Shanti Kallan committee”

Defence: Under the leadership of Khaza Khairuddin Peace committee was formed consisting 140 members.

Witness: Under the leadership of Khaza Khairuddin that is true but whether 140 members or not I do not know.

Defence: Would you please tell us about the formation of Peace Committee headed by Moulabi Farid.

Witness: No without seeing documents I cannot say anything.

Defence: Advocate A.T.M Shafikul Islam, Saied Muhammad Masuym, Ghulam Azam, Abdul Jabber Khaddar, Mahmud Ali, Eusuf Ali Chowdhury, A.K.m Rafikul Islam, Abul Kashem, Ghulam Sarwer, Saied Azizul Haq manna mia, A.S.M sulaiman, Pir Mahosin uddin Dudu mia, Shafikur Rahman, Mejor Afsruddin, Saied Mahosin Ali, Fazlul Haq Chowdhur, Sirajuddin, Advocate A.T.M sadi, Ataul Haq khan, Mahbubur Rahman, Advocate Akhter Uddin, Raza Tridip Roy, Foiez Boks were the members of Peace committee.

Witness: So far I can remember they were.

Defence: All members were engaged in politics.

Witness: Among them Ghulam Azam involved in Jamaat-i-islam and others are from other different political party which I cannot say without seeing newspaper.

Defence: Subsequently there was an executive committee of the peace committee and Khaza khairuddin was the convenor of that Committee.

Witness: I cannot say it at this moment without seeing my documents.

Defence: Whether he was a member of that committee?

Witness: I cannot say it also at this moment without seeing my documents

Defence: How many member of Jammat-i-islam was at this executive committee?

Witness: Except Ghulam Azam I cannot say about any others without seeing my documents.

Defence: How did they execute their activities?

Witness: I cannot say it without seeing my documents.

Defence: How many members needed to form quorum of that committee?

Witness: I was not member of that committee so it is possible for me to say.

Defence: Who was the head of Peace committee in Chapainababganj?

Witness: I cannot say it without seeing my documents.

Defence: Did you know whether Ghulam Azam met with head of Peace committee in Rajshahi?

Witness: I cannot say it without seeing my documents.

Defence: Did you know whether Mr. Ghulam Azam send any direction to any member of the Peace committee in Chapainababganj?

Witness: I cannot say it without seeing my documents.

Defence: Did you know whether any member of Peace Committee in Chapainababganj met with Professor Ghulam Azam jointly and individually?

Witness: I cannot say it without seeing my documents.

Defence: Who was the member of Peace committee in Rajshahi district?

Witness: I cannot say it without seeing my documents.
Justice Anwerul Haq: Will you ask question specifying every district and Upazilla?

Defence: My lord, then I will ask question in general.

Then he ask question specifying all district and Upazilla similar to the question of Chapainabaganj. Then Moontasir Mamun said that my lord, there are three questions, so my answer will be different.

Defence: My lord, in last three questions he said that he can not say anything without seeing his book and my lord, that is the reason I have asked a general question, so answer will also be same in that case.

Moontasir Mamun: No my lord, in last three question I do not said that I need to see the book.

Defence: My lord, He has said and it has been recorded as per his saying so these should not be changed now.

Justice Anwerul Haq: Mr. Mizanul islam, It is law that statement which was recorded must be read out before the witness and after hearing the recorded statement if he said that he did not say it so in that case we should record these answers again.

In that case we will take note like this that “after hearing recorded statement which was read out before the witness, witness said that the statement was not recorded properly, then tribunal decided to ask those above three questions again”
Tribunal Chairman: Did you know whether Ghulam Azam met with head of Peace committee in Rajshahi?

Witness: I cannot say it without seeing my documents.

Tribunal Chairman: Did you know whether Mr. Ghulam Azam send any direction to any member of the Peace committee in Chapainababganj?

Witness: All circular had been sent to all Union, Upazilla and district from the central Peace committee.

Defence: Did you know whether any member of Peace Committee in Chapainababganj met with Professor Ghulam Azam jointly and individually?

Witness: As they were the member of Peace Committee so it was very natural that they had a relation with Professor Ghulam Azam.
Defence: My lord, I have an objection in case where you have said “asked again”.

Justice Nizam: Okay, with objection of the defence.

Then Tajul Islam came to the dais and submits three dictionaries to give to the Ghulam Azam.

Justice Nizam: At first the book should be returned then these are given.

Tajul Islam: My lord, Dictionaries is needed to read those books.

Zead-al-malum: Is he going to establish a library?

Defence: A library cannot be established containing 7 books only.

Thus the court was adjourned.

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