Sunday, February 17, 2013

26 Sept 2012: Mollah 10th witness cross exam

Prosecutor, Mohammad Ali, made an application to include two books as additional documents. I am requesting to the court to allow us those two books as additional documents.

Justice A.T.M Fazle Kabir: Submit those books.

Defense Counsel, Abdus Subhan Toropder, also stated that we have also an application to include a book and some paper-cutting as additional documents.

Justice A.T.M Fazle Kabir: Both of you are allowed to submit your documents but you have to submit those documents with contents.

The cross examination of the tenth witness was started by the defense (following on from previous day)
Defence: Where you born in Dhaka or in village?

Witness: In the village.

Defence: How many brothers and sisters do you have?

Witness: Two brothers and one sister.

Defence: Are you oldest of them?

Witness: Yes.

Defence: In which primary school did you study?

Witness: In the primary school of my village.

Defence: From which high school did you pass matriculation?

Witness: I passed Matriculation from Nasir Nagar High School in 1961.

Defence: From which college did you pass H.S.C and Degree?

Witness: From Brammonbaria College.

Defence: Did you study after passing Degree?

Witness: I completed my B.A.D course from Dhaka in 1978 and 1979.

Defence: In which school did you start your teaching profession?

Witness: In Adampur High School.

Defence: As a teacher of which subject, you started your teaching profession?

Witness: As a English teacher.

Defence: Was Adampur School, a Government High School?

Witness: No.

Defence: What was the amount of your salary in that school?

Witness: 135 taka.

Defence: Did you get any other allowances without salary?

Witness: We got 5 taka as allowance from government.

Defence: Were you in that school before the time of coming to Mirpur Bangla School?

Witness: No, I worked in Ceuta Centro in Moakhali before joining in Mirpur Bangla School.

Defence: Did you work in Ceuta Centro as staff?

Witness: As office staff.

Defence: Was the salary of School and Ceuta Cento the same?

Witness: No, the salary of Ceuta Centro was very high. I got 740 taka as salary in Ceuta Centro.

Defence: In which year and month did you start to work in Ceuta Centro?

Witness: From March\April of 1968 for next six months.

Defence: Did you give up that work or did they dismiss you?

Witness: The job of Ceuta Centro was temporary. It was only for six months.

Defence: Was Mirpur Bangla School the Primary School at the time of your joining?

Witness: Yes.

Defence: Who was the president of Managing Committee of your school at that time?

Witness: The area manager of P.I.A Mohiuddin A Chowdhury.

Defence: Who gave you your appointment in Mirpur Bangla School?

Witness: General Secretary of School Managing Committee F.N. Siddiqi who was cargo super of T.I.A.

Defence: What amount of salary did you get when you joined in Mirpur Bangla School?

Witness: 200 taka. When I joined, that school became Junior Secondary School.

Defence: You said untruly that Mirpur Bangla School became Junior Secondary School at time of your joining in December 1968, is it true?

Witness: This is not true.

Defence: How many days were you head master of primary school after your appointment in 1968?

Witness: I was head master of that primary school from December 1968 to January 1970 until that primary school became junior school.

Defence: What was your responsibility in the center of your school during the time of election of 1970?

Witness: I was in charge of Assistant Presiding Officer or Polling Officer.

Defence: Were you married in 1968?

Witness: No, I was unmarried in 1968.

Defence: Did you remain in school compound or in rented house?

Witness: I remained in a rented house which was in Mirpur-10.

Defence: How many rooms were in that house?

Witness: Two rooms.

Defence: Who did remain with you in that house?

Witness: One of my peons.

Defence: What is the name of that peon?

Witness: Munir.

Defence: Was Munir with you in that house until giving up the house?

Witness: Yes.

Defence: Was Munir with you in that night in which the people of Bihari knocked the door of your house?

Witness: No, He was in his house of village because at that time “Non-cooperation Movement” was going on in the country.

Defence: When did you come back to this house after giving up it in 23 March 1971?

Witness: I did not come back in that house after.

Defence: How many teachers were in your schools during your appointment?

Witness: Maximum 12\13.

Defence: How many students were with you during the time of raising the flag on 23 March 1971?

Witness: 3 students of class nine who brought that flag.

Defence: How many teachers were with you during the time of raising the flag of independent Bangla in 23 March 1971?

Witness: No teacher was.

Defence: How many days was your school closed starting from March 1971?

Witness: It was closed from 8 March 1971 to 3 January 1972.

Defence: Without teachers who was at the school?

Witness: 3 peons.

Defence: Was there any accountant in your school?

Witness: No, there was one clerk.

Defence: Did any teacher come to school from 8 March 1971 to 3 January 1972?

Witness: No, even they could not enter into Mirpur.

Defence: Who was majority in number between Bihari and Bengali in Mirpur at that time?

Witness: The people of Bihari were majority in number.

Defence: Did Bengalis torture upon Bihari in Mirpur during 1970-71?

Witness: No.

Defence: The people of Bihari did not take the people of Bengali in good sense at the time of 1970-71, am I right?

Witness: Yes, even they tortured upon Bengali.

Defence: Did you know poet Meherunnesa?

Witness: Yes as a Bengali.

Defence: Did you know poet Kazi Rozi?

Witness: Yes.

Defence: Was your relation good with them?

Witness: We were Bengalis, which is why a relation was created but good relation is another matter.

Defence: Did they write at that time?

Witness: Meherunnesa was writing but Kazi Rozi did not start to write at that time.

Defence: In which year did you marry?

Witness: In 1973.

Defence: Were you involved with Awami League from your student life?

Witness: I was involved with the politics of Charta League in my student life.

Defence: Do you involve in the politics of Awami League as master now?

Witness: Now I am not involved in any League.

Defence: Were you involved with the politics of Awami League during the election period of 1970?

Witness: I moved with some Awami supported people.

Defence: An action committee of Bengalis was formed in Mirpur at the time of 1970-71, is it true?

Witness: I don’t know it.

Defence: What was the distance of the house of Meherunnesa from your house?

Witness: 500 yards.

Defence: What was the distance of the house of Kazi Rozi from your house?

Witness: 450 yards.

Defence: In which side from your house, were the house of Meherunnesa and Kazi Rozi situated?

Witness: In north-west side of my house.

Defence: What was the distance of the house of Abu Taleb from your house and in which side?

Witness: 100\150 yards in west side.

Defence: How many sons and daughters of Abu Taleb were at that time?

Witness: 3 sons, they are Chanchal, Anju and Dipu (nick name).

Defence: Has Abu Taleb a son in the name of Khodokar Abul Ahsan?

Witness: Yes, Anju is his nick name.

Defence: Abu Taleb did not go to bring you at the time of your event, is it true?

Witness: This is not true.

Defence: From which year was Abu Taleb the member of Advisory Board of your school?
Witness: From 1970.

Defence: How many members were in that Advisory Board?

Witness: 5 members.

Defence: Can you say the name of other members of that Advisory Board?

Witness: They were Esraeel, G.H Abu Iyahia, M.N Mannan and the name of another is not in my mind.

Defence: Did those Advisors stay close to the school?

Witness: One of them was in Mirpur-11 and others remained in Mirpur-6 or 1.

Defence: Were their houses within 400\500 yards of your house?

Witness: Yes.

Defence: Which party got majority vote in your center in the election of 1970?

Witness: Awami League.

Defence: Was Advocate Zahir Uddin, Bengali?

Witness: Yes but I cant confirm that.

Prosecutor (Mohammad Ali): Give your answer after understanding the question?

Defence: My Lord this is highly objectionable to interrupt in giving answer.

Defence: Was your school open in 7 March 1971?

Witness: No, it was closed.

Defence: Did any other teacher of your school go to Racecourse Field to hear the speech of Bongobondu with you?

Witness: Yes, Faruq Ahmed, Abdul Khalek and Anwar Hossain went with me.

Defence: Did those teachers remain besides your house?

Witness: Their houses were in Mirpur 6, 11 and 12.

Defence: How far and in which side, Mirpur Bangla School was situated from your house?

Witness: 150 feet away in the north side.

Defence: How many students were in your school during 1971?

Witness: 650-700.

Defence: What was the percentage of Bengali and Non-Bengali students among those 650-700 students?

Witness: 80% Bengali and rest 20% Non-Bengali.

Defence: What was the number of Bengali and Non-Bengali students when you joined in that school in 1968?

Witness: It is not in my mind.

Defence: From when did class start and when it broke?

Witness: Morning shift: from 7:00 AM to 12:00 PM, Day shift: from 12:30 PM to 5:00 PM.

Defence: Were there any Non-Bengali students in those two shifts?

Witness: Yes, because the compound of school was built by Government. There were two schools in the same compound, one was Muslim School which was Urdu Medium School and another was Bangla School which was Bengali Medium. The students of Bihari studied in Urdu medium and students of Bengali in Bengali Medium. Class room was used by changing shift.

Defence: What was the percentage of Bihari students in your school?

Witness: Maximum 5%.

Defence: Was any Non-Bengali teacher in your school?

Witness: No.

Defence: Who was the head master of Urdu Medium?

Witness: Samiullah.

Defence: How many teachers were in Urdu Medium?

Witness: I can’t say it.

Defence: How many students were in Urdu Medium?

Witness: Double of our Bengali Medium, It may be 1200 or 1300.

Defence: Was the school compound surrounded by boundary wall?

Witness: No.

Defence: On how much land, was the school situated?

Witness: On 3 acres and 6 hundredths.

Defence: From which year, did students start to participate in S.S.C exam from your school?

Witness: From 1975.

Defence: When did you retire from that school?

Witness: 24 February 2005.

Defence: How much did you draw salary in the last month before your retirement from that school?

Witness: 34000-35000 taka.

Defence: How many teachers were in your school when it became secondary school in 1975?

Witness: More than 40 teachers.

Defence: Awami League of Bonbobondu got 99% vote in the election of 1970?

Witness: Not 99%. It may be 95%.
Adjournment for lunch
Defence: Tell me about the surroundings of your house.

Witness: In the south side 16 no. road, in the West side 16/7. In the East side there is the house of GPO foreign post’s stuff Ataur Rahman used to live.

Defence: Is he alive?

Witness: He is dead.

Defence: The people around your house used to live with their families.

Witness: Yes.

Defence: Did you call for help when the Bihari knocked in your door?

Witness: No.

Defence: Towards which side your house is faced?

Witness: Towards south side.

Defence: Was there any boundary of your house?

Witness: Yes.

Defence: Where was the door?

Witness: There were two doors, one in the north side and other in the west side.

Defence: From which door you used to go out?

Witness: From the door of north side.

Defence: From which side the Bohari attacked on your house?

Witness: South side.

Defence: Did you asked for help after getting out of the house?

Witness: No.

Defence: What is distance between your house and the house next to your house in the north side?

Witness: There is a 6 feet alley in between.

Defence: How many houses were on the both side of the alley?

Witness: There were 16 houses, 8 per side to the main road.

Defence: Did you shout?

Witness: No, i was very scared.

Defence: While running away from Kader Molla’s people, the place where you fell down, what was distance of that place from Abu Taleb’s house?

Witness: 75 to 100 yards.

Defence: How many houses were in between?

Witness: I cannot say without counting.

Defence: Did the people come to see you when you fell down from other houses?

Witness: Those houses belonged to non-Bengali people.

Defence: How many people came from Taleb’s house?

Witness: 15 -20 people.

Defence: Tell me their names.

Witness: I can only tell the name of Taleb.

Defence: You lied about this incident.

Witness: It is not true.

Defence: How old was Khandakar Abul Ahsan?

Witness: Probably 13/14 years, he was a student of class 9.

Defence: He knew you.

Witness: Yes.

Defence: That day he was home.

Witness: Yes.

Defence: There was a hotel in Mirpur which was called Radda Barnel Hospital. It was previously known as Govt. outdoor clinic.

Witness: It is not true. It is an NGO.

Defence: A Bengali took you to Taleb’s house on 23 March night.

Witness: It is not true.

Defence: A Bengali doctor did your treatment.

Witness: I was not conscious

Defence: You never lost your sense on 23 March, 1971.

Witness: It is not true.

Defence: How long you were in Taleb’s house?

Witness: Till next morning 8:30 am.

Defence: Did any doctor do your treatment during that time?

Witness: My friend Sheikh Haidar Ali gave me first aid.

Defence: You got admitted into Dhaka Medical Hospital next morning.

Witness: Yes, at 10:00am.

Defence: How long you were in the hospital?

Witness: Till 27 March 8:00am.

Defence: When you went to your village house?

Witness: 16 April night

Defence: Who came to see you in the hospital?

Witness: The director of health bureau doctor Nakib, Abu Taleb, Abdul Hannan, Alom and Ismail.

Defence: Have you met with Bangabandhu before 10 January, 1972?

Witness: In 24 March, 1971 morning i met him.

Defence: Have you met with Bnagabandhu after 3 January, 1971?

Witness: I did not think it was necessary.

Defence: Have you filed any complaint against the people who attacked on you?

Witness: No.

Defence: Have you done any GD in Nasis Nagar Thana about the incident?

Witness: No.

Defence: On 25 March, 1971, there was an attack in the Daily Ittefaq office

Witness: Yes.

Defence: It was reported in the newspaper when you were in the hospital

Witness: Yes.

Defence: Do you have a copy of the newspaper?

Witness: No.

Defence: Have you met with poet Rozi after 3 January, 1972?

Witness: She lived beside my house and we used to meet often.

Defence: Did you tell her about the incident?

Witness: She knew it from earlier.

Defence: She was Taleb’s relative.

Witness: Yes.

Defence: Her father was a journalist.

Witness: Yes

Defence: She used write about your incident.

Witness: May be

Defence: You shared this with other teachers of your school.

Witness: They knew it and came to see me in the hospital

Defence: Did they host the flag with you in 23 March, 1971?

Witness: Yes.

Defence: Was any of the students a member of the managing committee?

Witness: One of them later got that post.

Defence: The school was used as a centre for election.

Witness: Yes.

Defence: What was your responsibilities during the election?

Witness: After the election of 1970, i did not perform any responsibilities in any election

Defence: How did you know Akhter hooligan?

Witness: He came to the school sometimes.

Defence: Was he Bengali?

Witness: No.

Defence: From when did you know Nizam?

Witness: From 1970.

Defence: Nizam used to give you lift sometimes.

Witness: Yes.

Defence: Did you know Halim from Ittefaq Office?

Witness: I heard his name.

Defence: The person who saved your life met with you afterwards.

Witness: Yes.

Defence: How did he look like?

Witness: He had long beard

Defence: His name was Molla

Witness: Yes

Defence: Did you participate in the election campaign of the election of 1970?

Witness: No.

Defence: The election of 1970 and 1996 had different support from mass people

Witness: Yes

Defence: In 1996 Jamaat, Awami League and National Party revolted against the BNP govt

Witness: Yes

Defence: When did you give your statement?

Witness: In the beginning of May of the current year

Defence: Where did you give your statement?

Witness: In Mirpur Bangla School and the I.O. went to my house one day

Defence: It is not true that you gave your statement in Mirpur Bangla School

Witness: It is not true

Defence: You did not tell the I.O. that you heard Akhter hooligan and Kader Molla’s people murdered Abu Taleb in Mirpur extortion place and it is completely false, made up and utopian

Witness: It is not true

Defence: Kaji Rozi wrote about the death of Meherunnesa, have you read it?

Witness: No.

Defence: She wrote nothing about Kader Molla and she also wrote that a healthy man took you to Taleb’s house

Witness: That healthy man was Molla

Defence: You gave false statement for political pressure

Witness: It is not true

Defence: You gave your statement after the trial process had started

Witness: I don’t know

Defence: You hid the fact and gave false statement about Kader Molla

Witness: It is not true
 Justice A.T.M Fazle Kabir: Next hearing 1 October, 2012

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