Thursday, November 22, 2012

30 Oct 2012: Azam IO cross exam, day 4

Zeyad Al Malum: My Lord, we are expressing our warm regards towards the Tribunal after the Eid vacation. And now I would like to say- The Tribunal would be kind enough to fix the cross examination into the relevant subject matters whereas we’re finding that- the Prosecution witnesses are facing so many non relevant questions at this Tribunal by the defence.
Chairman: We will look at the matter and pass order if it seems necessary afterwards.

Mizanul Islam: We think nothing irrelevant has been asked by anyone of defence.

Chairman: Okay start the cross.
 The Cross Examination of Motiur Rahman continued (see previous hearing)
Mizanul Islam: Whether there is a river named Titas in Brahmonbaria?

Witness: I have heard that.

Defence: What is the distance in between the Mass Grave near the Poirotola Rail-bridge to the nearby place of Titas River?

Witness: I can’t say.

Defence: Whether the Titas River is visible from the Poirotola Rail-Bridge or the Mass Grave?

Witness: I can’t remember.

Defence: State two or three peoples’ name which as a result you went to visit the following place?

Witness: I can’t remember.

Defence: Whether the coupon and the attached photograph of material exhibit- 519 is a single photograph or an amalgamation of two photographs?

Witness: I can’t say. But as far as I can understand the photograph of the right side is the photograph of Mr. Motiur Rahman Nizami.

Defence: How many coupons under material exhibit- 519 have been collected by you?

Witness: I have not collected any coupon which contain a photograph in one side and a coupon on another side.

Defence: Have you investigated who was the Chief of Razakar force before the Government took its control?

Witness: I have found in my investigation that the force has been formed at the Ansar Camp of Khan Jahan Ali Road of Khulna with 96 members under the leadership of Mr. AKM Yousuf.

Defence: What is the source of information about the formation of this Razakar force?

Witness: The statements of the local people and the findings of my investigation.

Defence: Did you collect any Newspaper reports or any documents from any news agency about the formation of the force under the leadership of Mr. Yousuf?

Witness: I can’t say it at present.

Defence: Whether any reports have been published about this since the liberation till 1975?
Witness: Yes but I can’t state the names of the reports at present.

Defence: What is the oldest document or information you are holding about the formation of the Razakar force under the leadership of AKM Yousuf?

Witness: I can’t say at present but I have found that in my investigation.

Defence: Who was the Chief of Razakar force after the Government took its control?

Witness: Md. Younis was the Chief who was involved with Jamaat-e Islami and right now who is assigned in Higher positions of several organizations as well as with Islami Bank.

Defence: Do you have any information that Mr. Younis was appointed in any Government job before or after 1971?

Witness: I don’t know.

Defence: Who was the Chief of Ansar Force during the formation of Razakar force?

Witness: I can’t remember.

Defence: Whether Mr. Abdur Rahim- DIG of Police was the Director General of Razakar force after its formation?

Witness: I don’t know.

Defence: Who was the Chief of the Razakar force after it has been taken under the control of Pakistan Army as an auxiliary force?

Witness: I can’t remember.

Defence: Which officer of the Military Force was assigned to control the Razakar force as an auxiliary force?

Witness: I can’t remember.

Defence: Have you contacted with the Pakistan Army or the Bangladesh Defence Ministry to get to know about the information of the officer of the Military force who was assigned to control the Razakar force as an auxiliary force?

Witness: No.

Defence: After assigning Mr. Khaja Khoyeruddin as a Coordinator in the Peace Committee whether anyone has been assigned as a coordinator/ President/ Chairman of the same organization?

Witness: I don’t have any information regarding the matter.

Defence: There is a mentioning in “Ek-Pokkho” that- “Ghulam Azam was not the Chief of Razakar or Peace Committee.” Is it right?

Witness: Not true.

Defence: Mr. Siru Mia was not the Sub Inspector of the Police?

Witness: Not true.

[In the meantime the mobile of an IO of the investigation agency rang while he was sitting at the Observers row and the Chairman has warned him to switch it off. ]

Defence: There is a mentioning in “Ek Pokkho” that- Siru Mia was at the house of one of his relatives at Dhaka on the night of 25th March, 1971.

Zeyad Al Malum: Is it necessary to ask this question My Lord?

Chairman: I would like to say- it is not necessary to get the information about where he was staying on that night.

Mizanul Islam: We think it is relevant.

Justice Anwarul Haque: The statement about the matter has not been given to the IO by the wife of Siru Mia, so it is not a matter of relevancy to the IO whether he was there or not.

Chairman: But I would like to say that- it is not relevant question.

Mizanul Islam: We are leaving it.

Chairman: Next question.

Defence: There is a mentioning in material exhibit- 519 that- “The brother of Anwara Begum named Fazlu Mia has gone to Comilla on 1 November with the letter. After perusing the letter the Razakar Commander has stated that- let Kamal be freed after the day of Eid and let Siru Mia be sent to join his duty.”

Witness: Yes.

Defence: Who were the complainants; judges or the relevant persons in the People’s Court- have you investigated?

Witness: No.

[Here Zeyad Al Malum has raised serious objection about asking this question. But the Tribunal took the question.]

Defence: You have not found any information regarding the material exhibit- 519 after your investigation.

Witness: Not true.

Defence: You have prepared the sketch map under material exhibit number- 520 and the index under material exhibit number- 521 by the assistance of the local people.

Witness: Yes.

Defence: There was no road to go to Poirotola Mass Grave on 1971?

Witness: There was not a Big road rather there was a road to follow by walking.

Defence: What is the distance of the nearby place of the Railway Station of Brahmonbaria from the Poirotola Mass Grave?

Witness: About 400 yards east.

Defence: Have you identified the photograph of the front side of Brahmonbaria old Jail under the material exhibit number- 522/2?

Witness: Yes.

Defence: The date of establishment has been written as 11-7-1988 in the photograph.

Witness: Yes. But most probably it is the date of conversion into the District Jail from the Mohokuma Jail.

Defence: Have you found the date of establishment of the nameplate of the Mohokuma Jail?

Witness: No.

Defence: Have you interrogated Romjan Mia, Abdul Khalek, Shajahan Mia, Sona Mia- whose names have been stated in the index?

Witness: I have interrogated many people during the investigation, but can’t remember the names.

Defence: Whether Dana Mia is alive who is the owner of the house mentioned in the material exhibit number- 522/3?

Witness: He is not alive. His brother’s name is Mizanur Rahman Molla. His sons are right now living at the house.

Defence: When did you first gone to the Bangla Academy for the investigation purpose?

Witness: On 22-2-2011 at 10.00 A.M. and I have prepared a seizure list at 2:00 P.M. on the same day.

Defence: Have you seized the papers after reading all of those?

Witness: Yes.

Defence: Have you read all the Newspapers of Daily Sangram which are there in Bangla Academy since 18-5-1971 to 29-11-1971?

Witness: Yes and have seized 30 copies.

Defence: Whether there was any report about Mr. Ghulam Azam on the other Newspapers which have not been seized?

Witness: I can’t remember.

Defence: On which date the censorship over the newspapers have been imposed on 1971?

Witness: I don’t know.

Defence: Whether any censorship has been imposed over the newspapers on 1971?

Witness: I don’t know.

Defence: Have you interviewed any journalists or any editors about the matter of censorship over the newspapers on 1971?

Witness: No.

Defence: Whether all the attesters of the newspapers which have been submitted to the Tribunal are alive now?

Witness: Yes.

Defence: Whether the depositor of the material exhibit number-1 named Mobarok Hossain to whom all the main copies of the seized newspapers have been submitted is alive?

Witness: Yes. And the main copies of the newspapers are now at Bangla Academy.

Defence: You have watched the main copies of the newspapers which have been submitted under material exhibit number-1 but you have not seized those.

Witness: True.
Chairman: Okay the Tribunal is adjourned till 2 P.M.
Defence: In 22-02-2011 at 11 pm did you seize the paper cutting of ‘Doinik Shongram’ published in 01/05/1971- 30/11/1971 from Bangla Academy?

Witness: No.

[Here prosecution raised a dispute that defense cannot ask this type of question. Then Justice Nizamul Haque said that defense can ask any type of question. Then mentioning sec-53(2) of International Crimes Tribunal Act-1973, prosecution said that then this section may not have any value]

Defence: Tell me the names of newspaper that you mentioned in exhibit-2.

[Here also prosecution raised dispute that this question also cannot be asked and finally Witness did not answer this question.]

Defence: Did you execute any bail bond in 22/02/2011 in Bangla Academy?

Witness: Yes, I did.

Defence: In whose favor and when?

Witness: In favor of Mobarak Hossain but I couldn’t remember the time right at this moment.

Defence: Did you seize any paper cutting containing the news of the construction of ‘peace committee’ before 18 May, 1971 published in ‘Doinik Shongram’?

Witness: No, I didn’t get any copy of ‘Doinik Shongram’ before May 1971.

Defence: From which date Bangla Academy keep copies of ‘Doink Shongram’?

Witness: After the inauguration of all newspaper Bangla Academy collects all copies of every newspaper.

Defence: Who was the news correspondence of AAP of Dhaka in 1971?

Witness: I don’t know.

Defence: As mentioned in exhibit-1, M. M. Abul Kashem was in which political party?

Witness: I don’t know.

Defence: Is he alive?

Witness: I didn’t investigate that. [Here also prosecution protested a lot on a point that, the whole content of every news is not relevant with the investigation. Investigation Officer is not bound to go for the every minute details of all the information he got. They also raised question that the defense should mention clearly the absolute time they need to cross examine the I.O. Prosecution said that if the time of cross examination extends this way it may hamper their interest]

Defence: Major General Umrao Khan, Mominul Islam, Professor Golam Azam, Azahar Uddin, Abul Kashem, Dewan Warasat Hossain Khan, Mr. Toha bin Khan among them except Golam Azam who else were related with Jamat-e-Islami?

Witness: Golam Azam was the chief of Jamat-e-Islami, I don’t know the political identity of others.

Defence: Did you get any information of any meeting where Professor Golam Azam was endowed with the power of making and directing the peace committee and taking decision of it?

Witness: No.

Defence: When ‘peace committee’ was established?

Witness: In 09/04/1971.

Defence: On which maxim ‘peace committee’ was constructed?

Witness: Declaring the peace loving people as militant, their motto was destroying them fully.

Defence: Had this ‘peace committee’ any constructional structure?

Witness: Yes, the way central peace committee was constituted in same way the district, Thana and Mohkuma peace committee were constituted and they followed the directions of central peace committee.

Defence: Was there any government notification of constructing this committee?

Witness: I don’t know.

Defence: What was the way of taking decision of ‘peace committee’?

Witness: I don’t know.

Defence: How many members were there in central peace committee?

Witness: There were 144 members in central peace committee.

Defence: How many meetings of peace committee were held in 1971?

Witness: I don’t know.

Defence: Did you collect any paper cutting containing the news of meetings to be held of the central peace committee after 9 April 1971?

Witness: Yes, the dates of meetings of central peace committee after 9 April 1971 were 13/04/71, 15/04/71, 22/04/71, 17/05/71, 18/05/71.

Defence: Where the meeting of peace committee dated 17/05/71 was held?

Witness: In Dhaka. It was published in ‘Doinik Shongram’ and ‘Doinik Pakistan’ dated 18/05/1971.

Defence: In the report of 18/05/71 where was it written that it was a meeting of central peace committee?

Witness: In exhibit-2, the report of 18/05/71 it was written at the very beginning that, ‘Yesterday Monday, a meeting was held for discussing the current condition of East Pakistan by the leaders of people of all level” along with this there were lots of other information.

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