Sunday, February 17, 2013

8 Oct 2012: Mollah 12th defense witness

The examination in chief of Abdur Razzak Khan, the main investigation officer in the Mollah case started with questions asked by the prosecutor Mohammad Ali (see evidence of previous witness)
Prosecution: Your name?

Witness: My name is Md. Abdur Razzaque Khan, PPM; I am the investigation officer, investigation committee International Crimes Tribunal, Bangladesh. I am the investigation officer of this case the govt. of people’s Republic of Bangladesh has appointed me as the investigation officer as per the memo. 1-5/2010/01 dated 25/03/2010.  
Prosecution: What is your experience during the investigation?

Witness: I joined at the investigation committee thereby and still now i am here. I have collected many books of the liberation war and its background by reading its related parts for preparing the case. It was included in complaint register on 21/07/2010 as serial no.01 reserving in investigation cell in accordance with rule -5 of rules of procedure dated 15th July, 2010 through getting judicial notice of case no.60 of Pallabi thana dated 25/01/2008 by the office of honorable Registrar of International war crimes tribunal.  I am given the charge of this case at 21.07.2010.

I analyze the complaint during my investigation. I was given the case no 34 dated 31/12/2007 of Keranigonj thana according to the memo no ICT/98/10 dated 22/07/2010 through the office of honorable Registrar of International Crimes Tribunal.

I realized after analyzing the two complaints that, the occupant Pakistani army and their local accomplices and the mentioned accused and their party along with their group of accomplices committed killing, genocide and setting fire jointly in the area of Mirpur and Keranigonj during the liberation war from 25th March to 16th December. According to the section 3(2) of International Crimes Tribunal Act by the accused, I applied to the tribunal for arresting the accused through the learned chief Prosecutor at 22.07.2010 for the sake of fair and effective investigation. The honorable tribunal has passed the order, and sent him to Prisonby this application. 

We came to know about Abdul Quader Molla during my investigation that, he joined at Islami Chatro Shongho at the time of studying HSC in Rajendro College. He became the President of Islami Chatro Shongho of Shahidullah Hall of University of Dhaka in 1970. The accused Abdul Quder Molla along with the Pakistani army (along with his 100/150 associates) started firing thoughtlessly around the village Alubdi and killed around 380 unarmed Bengali people and laborers who came for harvesting the ripened paddy and threw them into different wells. I came to know this occurrence at 16.08.2010 by interrogating the related people of the investigation and noted their statement. I prepared an index and drawn a Sketch map of the well and the river Turag at 17.08.2010.

I visited the Vawal Khan bari and Gatarchor in Shahidnagorin 15.01.2011 about the occurrence took place at 25.11.1971 by Abdul Quader Molla with his associate Rajakar. I drew sketch map index and photo of the place of occurrence and noted the statement also.

The Accused Abdul Quader Molla and his accomplices killed me freedom loving poetess Meherun Nesa along with her brothers and mother on 27.03.1971, who lived at Sec-6, block-D, Road-6 in Mirpur. He also killed Pallob son of ManikSarder, of section-12, Block-D, Line-18, House-18, at April 5 of 1971 at section 12 of Eidgah Math of Mirpur. I investigated this at 30,08,2001 and took interview of the related person. I also noted those statements.

I gave a requisition letter to Monoara Begum as investigation officer at 15.02.2011 for interrogating and noting the statements of the victims Momena. She interrogated Momena Begum and recorded her statement and submitted it to me as additional case diary as per my requisition letter.

The accused Abdul Quader Molla was interrogated on 15.06.2011 and taken in the custody of investigation committee with the permission the tribunal.

We seized a book named “Sunset at Midnight” along with the other books from Sagor Publishers at 25, NatorSoroni, New Bailee Road, and Dhaka at 09.06.2011 which was published on December 1998 from Karitas Publication. It is Written at pare 2 of page 97 and the line of that book that, “The Workers belongings to purely Islami Chatra Shongo were called Al badar. It is That Seizure list and seized this book as per this seizure List and here is my signature. It is that seizure list (exibit-1) and my signature (exibit-1/1). It is added at page 92 of main volume of what is exhibited to the honorable tribunal. It is that seized book “Sun set at midnight” (exibit-2)

I have visited the place of occurrence and according to the evidence and proof of my investigation and of documentary evidence show that “Abdul QuaderMolla, son of late SanaullaMolla, address of village-Amirabad, P.S- Sadarpur, District- Faridpur. Present address, Flat- 8/1, Green valley apartment, 493, Boro Moghbazar, Ramna, DMP, Dhaka. We found his involvement according to the section 3(2) (A) (G), (H) under International Crimes Tribunal Act 1973. It is proved primarily of his preparation of crimes against humanity and connection and conspiracy of committing such crimes and we submitted the investigation report on 30.10.2011 to the learned chief prosecutor.

We continued our effort to collect the additional evidence and proof against the accused. We recorded the 15 statement during collecting the additional proof and evidence of crimes under section 3(2). We seized the book “Jibone-Ja-Dekhlam (Part-5) written by professor Golam Azam published first at June 2005 from Kamiab prokashon. We seized it at sagor publishers 23, Natok Soroni, New Baillee Road Dhaka at 09-05-2011. It is mentioned at page 153 of that book captioned of “Abdul Quader Molla as my private assistant”. He wrote that, Abdul Quader Molla was the president of Islami Chatro Shongho of the University of Dhaka. It is the seizure list (exhibits-3) my signature (exhibit 3/1), It is that seized book (exibit-4).

After submission of the investigation report, we submitted the additional statement, seizure list, seized books to the honorable  tribunal through the chief prosecutor according to the section 9(4).  
 The cross examination of the witness started by the defense counsel Abdus sobhan Torafdar
Defence: Do you give statement by looking at the case diary?

Witness: No.

Defence: Do you give statement to tribunal by looking at a piece ofwhite paper?

Witness: As CrPC is not applicable in to the tribunal that is why I give statement by writing in white paper for benefit of investigation.
Tribunal: next hearing will be held on 15th October.

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