Sunday, February 17, 2013

13 Dec 2012: Mollah 6th defense witness

The tribunal's composition had changed after the tribunal one chairman had resigned.  A.T.M. Fazla Kabir was transferred to ICT-1; Obaidul Hasan Sahin became Chairman and Mujibur Rahman Mia joined as member of the Tribunal.

The tribunal first dealt with an application for action to be taken against Amar Desh about its publication of Skype conversations between the chairman of tribunal one and an expatriate lawyer. See here for details and text of order.

The tribunal then moved onto the sixth witness in the trial of Mollah, Mr Hafez A.I.M Loqueman.. Questioning was undertaken by Abdus Subhan Tarapder. (see fifth witness testimony)
Defence: What is your name and details

Witness: My name is Hafez A.I.M Loqueman and my Father name is Late Maolana Hedaetulla. My address is vill= Gandamara, P.S= Haimchar, Dist: Chadpur.

Defence: Do you know the accused of this case?

Witness: Yes, his name is Abdul Quader Mollah.

Defence: Describe how do you know him?

Witness: I got admission in Honors first year of political science department at Dhaka University during 1970. After that I had joined as Imam of Shahidullah Hall mosque on October 1970. At that time Quader Mollah used to come for saying prayer by which he became acquainted to me.

Defence: What do you know about Abdul Quader Mollah of 1970 or 1971?

Witness: After 7 March Speech of Bangabondhu, Non-cooperation Movement was started. Class of University became closed for non-cooperating movement. One day I saw that Abdul Quader Mollah was going to home taking his bag and baggage.

Defence: How many days later after speech of 7 March did you see him to go home?

Witness: Probably 3 or 4 days. Seeing me, Quader Mollah gave me Salam and told that “Hujur I am going home, pray for me and forgive me if I had done any wrong with you because I don’t know when I shall come back”. After that class of University was not happened. Most of the student went home leaving Hall. I was in the Hall.

Again Class of University was started in March 1971 and students are started to come Hall. At that time I was in Hall as Imam. After that during last part of 1972 or first period of 1973, Quader Mollah came to Shahidulla Hall and after exchanging greetings, I asked him where were you and he told me “I was in my home”. He also said me that I can’t admit in Physics and trying to admit in I.E.R. After that he used to remain in Hall and, meeting and talking with him were used to happen. He used to say prayer (Namaj) regularly and he is good man.

Defence: How many years were you Imam of Shahidullah Hall?

Witness: I was Imam of Shahidulla Hall for about 41 years and 9 months.
Cross examination took place by prosecutor Mohammad Ali.
Prosecution: What is meaning of A.I.M Loqueman?

Witness: Abu Iskandar Mohammad Loqueman.

Prosecution: Can you say your real birthday?

Witness: No but I have heard that I was born during starting period of 2nd World War.

Prosecution: How many times did you go home from 7th March 1971 to 16 December 1971?

Witness: I did not go home within that time and was at Hall but sometime I used to go my brother’s house which was at Dhupkhola, Dhaka.

Prosecution: Did you go anywhere between 16 December 1971 to 31 January 1972?

Witness: I went only to my brother’s house at Dhupkhola but I went at morning and came back afternoon.

Prosecution: Where is the house of your father-in-law?

Witness: Shandip.

Prosecution: Did you not go to house of your father-in-law within liberation war period?

Witness: During liberation period, I was unmarried.

Prosecution: You were Imam of Shahidulla Hall Mosque during your student life, am I right?

Witness: Yes.

Prosecution: How many brothers and sisters do you have?

Witness: 5 brothers and 4 sisters.

Prosecution: what is the name of your brother who used to live at Dhupkhola during liberation war and what his serial among your brothers?

Witness: His name is Atikullah and he is 2nd among my brothers.

Prosecution: what is your serial among your brothers and sisters?

Witness: 4th among my brothers and 8th among my brothers and sisters.

Prosecution: You were involved with the politics of Islami Chatra Sango during studying University, is it true?

Witness: This is not true.

Prosecution: At that time, Quader Mollah was President of Shahidulla Hall Islami Charta Sango and you were worker of him, am I right?

Witness: I was not worker of him but I heard that Quader Mollah was involved with the politics of Islami Chatra Snago.

Prosecution: You used to go to the room in which Quader Mollah was resident, is it true?

Witness: This is not true.

Prosecution: Previous name of Shahidullah Hall was Dhaka Hall, am I right?

Witness: Yes.

Prosecution: How many people were during Magrib prayer (Evening prayer) in your mosque?

Witness: At that time, I led daily prayer in a room of Shahidullah Hall and sometime I led Juma prayer (weekly prayer) at Karzon Hall Mosque.

Prosecution: How many students’ names are in your mind who used to say prayer at that time?

Witness: Shariful Islam Niru, Aziz Sarker, Abdus Samad and Abdul Quader Mollah.

Prosecution: All those were students of Shahidullah Hall, am I right?

Witness: Yes.

Prosecution: Did any other brother or sister study at Dhaka University when you were student of here?

Witness: No but at that time my two cousins Sanaullah and Jafarullah were students of S.M Hall.

Prosecution: Whose name you said and your two cousins were leaders and workers of Islami Chatra Sango, is it true?

Witness: This is not true. Niru and Aziz Sarker were involved with the politics of Chatra League.

Prosecution: For protecting accused Abdul Quader Mollah, you said that you were not worker of Islami Chatra Snago for technical reason, is it true?

Witness: This is not true.

Prosecution: Where were you on 25th March night 1971?

Witness: In Hall.

Prosecution: Going of Abdul Quader Mollah with bag and baggage after 3 or 4 days of 7 March speech of Bangobandhu is false, self created and taught by defense, is it true?

Witness: This is not true.

Prosecution: Was Shahidullah Hall attacked by Pakistani army on 25th march night 1971?

Witness: No but in the morning of 25 March 1971. (Says later that in morning of 26 March 1971, it was not in my mind).

Prosecution: Was any attack happened upon you?

Witness: No.

Prosecution: You were not attacked because you were worker of Abdul Quader Mollah’s party and supporter of Pakistan, is it true?

Witness: This is not true. During attacking at morning, I was not at room.

Prosecution: No attack was happened upon you during total freedom fight period, am I right?

Witness: Yes.

Prosecution: Have you got any summon from Tribunal for coming here?

Witness: No.

Prosecution: Where are you living after retirement?

Witness: In Ajimpur.

Prosecution: Who did you tell first to give deposition here?

Witness: Before 5 or 6 months, son of Quader Mollah told me to give deposition in favor of his father and then I agreed.

Prosecution: When has he told you to give deposition last?

Witness: Before two or three days.

Prosecution: Being a man of Quader Mollah’s party, you have given false statement concealing the truth in the request of his son for protecting him, is it true?

Witness: This is not true.
The defense then provided the court four applications

1. An application to permit the defence for inspecting the investigation report.
2. An application for allowing more 6 Defence Witnesses.
3. An application for providing a copy of the complaint recorded at Serial No. 1 dated 21.07.2010 in the Complaint Register (R) of the Investigation Agency.
4. An application for providing certified copy of the proceedings Pollobi P.S. Case no. 60(01)08 and Keranigang P.S. Case no. 34(12)07

The Tribunal fixed 20.12.2012 for hearing of those applications and 17.12.2012 for closing argument of the prosecution.

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