Sunday, February 17, 2013

17 Sept 2012: Mollah 10th prosecution witness

Defense Counsel, Abdus Subhan Toropder, first made a submission about the 10th witness who was present to give evidence against Quader Mollah. He said that the learned prosecutor took permission of additional three witnesses whose name are specified in the application but the witness who has come today, is not within that list.

Prosecutor (Mohammad Ali): My lord we gave the list of 7 witnesses and took permission for three among those seven. Two are already completed and by this witness three will be completed.

Justice Shahinur Islam: Give that application?

Then a question arose whether or not the tenth prosecution witness can give evidence or not, and Justice A.T.M Fazle Kabir solved this problem by passing an order.

Today is fixed for examination of prosecution witnesses.
The prosecutor has filed the hazira of a witness named Syed Abdul Qayum for examination. At the outset Mr. Md. Abdus sobhan Tarofdar, the learned defence counsel drew our attention to the order dated 7.8.2012 and submits that the prosecution submitted an application under section 9(4) of the Act praying for examination of 3 additional witnesses and accordingly the learned tribunal allowed the prayer but in that order the name of Syed Abdul Qayum was not enlisted out of first 3 witnesses and as such the prayer for examination of Syed Abdul Qayum as an witness can not be allowed today as the defence had no knowledge about him.  
Mr. Mohammad Ali, the leamed prosecutor submits that he filed an application for examination of 3 additional witnesses out of 7 witnesses mentioned in the application but he inadvertently failed to mention the name of 3 witnesses out of 7 in the said application but the name of Syed Abdul Qayum is very much there at serial No.4. As such he may be permitted to be examined as witness. we have perused the order dated,7.8.2012 and the application under section 9(4) of the Act submitted by the prosecution on 6.8.2012. It appears from the order dated 7.8.2012 that this Tribunal allowed the prayer of the prosecution for examination of 3 additional witnesses under section 9(a) of the Act without mentioning name of 3 witnesses out of 7.  
The learned prosecutor did not identify three witnesses out of 7 in the application which he intends to examine them as witnesses. The Tribunal also inadvertently did not specify the name of three witnesses out of 7 in the order dated 7.8.2012. Since our attention has been drawn to the matter, we are of the opinion that the order dated 7.8.2012 should be modified in order to make it clear which witnesse w In view of the facts and regar position, we are of the view that the witnesses out of 7 have been allowed for examination.
Accordingly the order dated 7.8.2012 is modidined in order to make it clear which witnesses out of 7 have been allowed for examination, Accoridnly the order dated 7.8.2012 is modified mentioning the names of 3 additional witnesses namely 1. Abdul Majid Palwan, 2. Nurhahan and 3 Syed Abdul Qayum, our of 7 witneses mentioned in the application dated 6.8.2012. The prosecution is debarred from examining rest 4 witnesses as mentioned in the application. Now the prosecution is permited to examine Syed Abdul Qaym as an additional witness in this case. 
Defense Counsel (Tajul Islam): My lord you have power to allow without application by applying inherent power but it will create problem for us.

Justice Obidul Hassan: Say clearly what is your submission?

Defense Counsel ( Tajul Islam): Our submission is to give us time and fix another date for taking examination-in- chief of this witness.

Justice Obidul Hassan: Today we take the chief of this witness and we shall give you enough time to study about him. Don’t think about it.

The tenth prosecution witness Sayed Abdul Kaium then came to give evidence (Ninth witness evidence, here)
Prosecutor: What is your date of birth

Witness: 01-01-1944.

Prosecutor: What is your profession?

Witness: I am a teacher.

Prosecutor: From which year you are in teaching profession?

Witness: From the very beginning of my professional life which was started in 1966.

Prosecutor: Where did you join as teacher for the first time?

Witness: I joined in a school of Akhaura of Bramonbaria for the first time. After that I joined as head master of Mirpur Bangle School in 01-12-1968.

Prosecutor: What was your responsibility in the election of 1970?

Witness: Mirpur Bangla School was a center of election in 1970 and I was in responsibility of this center.

Prosecutor: Who were the candidates of National Assembly in that election in Mirpur?

Witness: Candidate of Awami League was Advocate Zahir Uddin and candidate of Jamaat-e-Islami was Professor Golam Azam.

Prosecutor: In whose favor did you work in election?

Witness: I did not work in favor of any party but I moved with the people of Awami League and took their information. Khondoker Abu Taleb was one of them which whom I moved.

Prosecutor: In which party’s favor did Khondoker Abu Taleb work?

Witness: In favor of Awami League.

Prosecutor: Who did work in favor of Jamaytee Islami in your area?

Witness: Muin Uddin, Fakir Safi Uddin, a person known as Mollah and also many other.

Prosecutor: How was your relationship with khondoker Abu Taleb?

Witness: He took care of me a lot and I went to him in my leisure time. He was member of Advisory Council in my school.

Prosecutor: What was the profession of Khondoker Abu Taleb?

Witness: He was a journalist and also was an advocate. He was secretary of East-Pakistan Journalist Union.

Prosecutor: Say some event of March 1971?

Witness: I joined in the meeting of Bongobondu in 7 March 1971. We responded his to his calling and joined in the movement of Non-cooperation. We closed our school and college. In the republic day of Pakistan, the flag of independent Bangla was raised in whole Dhaka but not in Mirpur.

Prosecutor: What was happened in your school?

Witness: In the morning of that day, some of my students came to bring a flag of Bangladesh and they raised it bringing me with them. When I was returning to home, I heard that the people of Bihari was saying “ Kiya hoga deshka” and I did not understand Urdu language. In the evening, I went to the house of Abu Taleb and heard the condition of the country from him. Normally the publication of television was closed in 11:30 PM but at that day it was closed after 12:00 AM. We were waiting to see which flag will be seen at the time of closing the publicity of TV whether Bangladeshi or Pakistani but after 12:00 AM the flag of Pakistan was shown. Then I returned to home and went to bed after taking dinner. May be at the time of 1:35 A.M, I was hearing that some people were trying to break the window and door of my house and also to kill me. Then I came out by the back-door of the house in fear of them and started to go by leaping over the wall to the house of Abu Taleb. In the way, I was stopped by 3 or 4 persons and they started to ask me why the flag of Bangladesh was raised in my school. At the time of talking, one of them gave a blow me by knife and I caught the knife with my hand. When I caught the knife, he turned the knife and some part of my hand was cut and started to come out the blood.

Then I ran to the house of Abu Taleb and they also chased me from back. I fall in a drain when I tried to cross it. Then I tried my best to stand but my knee and waist became cold, which was why I could not stand. Then I saw that they were strkting me on my shoulder. Then I prevented this with my hands and it and the bone of my hand was seriously wounded and I became unconsicious. By hearing the shouting, Mollah opened his door then attacker fled to see him. Then the people of Mollah informed to the house of Abu Taleb. Abu Taleb and his people came there with gun and brought me to his house and gave me first aid. In the morning Abu Taleb and some other people brought me to the house of Bongobondu in Dhanmondi 32 by the car of Abu Taleb. At that time I was almost senseless and then Bongobondu told them to admit me in Dhaka Medical Hospital. A doctor’s team of medical college gave me treatment. In the morning of 25 March 1971, my mind came back. The people of Mirpur thought that I was dead because it took time to regain my consciousness. At the time of 10\11:00 P.M of 25 March, the Hospital became full with the people of Mirpur and they were whispering after seeing me. At the night of that day, we heard that bombing was happening in Shahid Minar and our bed of hospital was shaking by the sound of bombing. Within a short time, hospital became full with dead and half-dead people. In the morning of 27 March 1971, my colleague Faruq Ahmed Khan brought me to his sister’s house in Sabujbag by taking me in his lap dressed in hospital gown. At that time Pakistani solider was killing the people entering into the house. Then a gentleman of Wholiarchar carried us with his car to the river ghat of Demra.

Prosecutor: Who were with you at that time?

Witness: At that time my colleague Faruq Khan and his sister were with me. Then Faruq Khan brought me firstly to his house in Nabinagar, Bramonbaria and I was there till 16 April 1971. In 16 April 1971 I went to my house in vill- Nasirnagr, P.O: Nasirpur of Brammonbaria. People of my village became astonished to see me because my Kulkhani (ceremony in praying the welfare of dead person) was already completed in my village. After some days, Faruq Ahmed Khan came to my house and told me that some Bihari people, Akter Gunda and Quader Mollah killed Abu Tabeb bringing him to the Jalladkhana (place of executing a sentence of punishment) of Mirpur.

I came again in Dhaka after liberation war in 1972 and started the activities of school. Then by asking about Mollah, I knew that the people of Akter Gunda attacked me. After that one day I got Mizan, the driver of Abu Tabeb, who was a non-Bengali. Mizan told me that one day Abu Taleb was returning home from his Ittefaq office with a accountant of his office Halim who was Biahari and that accountant brought Abu Taleb to Bihari instead of bringing Abu Talib to his house and those people of Bihari killed Abu Taleb in Jalladkhana (place of executing a sentence of punishment) of Mirpur.

I also heard that Poet Meherunnesa and all members of her family were killed in her own house at Mirpur 6 by Non-Bengali Bihari. I can’t remember any other thing in this moment.

Prosecutor: Have you any other thing in your mind?

Witness: I heard that a student of Bangla College in the name of Pollob was killed by Abdul Quader Mollah.

Prosecutor: You said about Quader Mollah, see whether Quader Mollah is in this court or not?

Witness: At the time of occurrence he was young. I know him and he also knows me. He is now in the dock of accused.
Prosecutor: Now Defense Counsel will cross-examine you and give answer of their question after understanding.

Then cross-examination is started by Defense Counsel Abdus Subhan Toropder.

Defense Counsel (Abdus Subhan Toropder): Have you come to give witness from Mirpur or not?

Witness: From Mirpur.

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