Tuesday, March 19, 2013

14 Nov 2012: Sayedee prosecution closing day 8

Haider Ali, the prosecutor, continued with his closing arguments in the case of Sayedee following on from the previous day. He focused on exhibits

Exhibits- 15, 16, 17, 18, 19, 20 and 21 – all these are newspapers. Though all news papers are not relevant but these reflect the atrocities of 1971. Some of these prove the previous involvement of the accused.

Exhibit-22 is seizure list.

Exhibit 23- not very important.

Exhibit 35-list of Rajakars. Collected from:-War Crimes Fact Finding Committee. The chairman said that this is not a govt. list. It prepared by a person only. What is its evidentiary value? Prosecutor said that he would explain at the time of legal Arguments.

Defence exhibits
Prosecutor then discussed the defence exhibit

Exhibit-A: At first he reads the accused name and the names of the witnesses mentioned in this case.
- Here we find the first accused is Pakistani Army but the DWs do not mention any of their names so they lied.

- The certified copy was obtained in 1972-it is doubtful.

- It contradicted with live witnesses.

- No update of this case was given by defense.

- No certified copy of this document was collected recently.

- No relevant person was produced in support of the FIR.

Member Judge Jahangir Hossen (JH) what is the defense contention?

Prosecutor: to dispute Manik Poshari and Saheb Ali torture Charge. Prosecution case is that no such case was filed and it is a concocted document. It does not exist at all.

Tribunal: did you file any document in support of your case?

Prosecutor: as the document does not exist then what is relevant document?

- It appears on the face of the Certified Copy that it is not a copy of 1971.

- If it was filed on 1972 it must have some update later on.

- If defense can collect documents then they could have collected updates also.

- More over Pw-7 Mr. Mofizuddin Poshari stated against the exhibit-A. He is a victim witness.

Chairman: your submission is that FIR is not genuine?

Prosecutor: Yes. Even if it is genuine, then it is not supported by DWs.

Chairman:-look at the page before last page. You will find a signature dated 8/3/1972.

Prosecutor: the name of the District is Bakergonj and Borishal. How it is possible?

- There is no mention of Case no.

- No mention of memo no or Forwarding no.

- No memo of VOP or similar words.

- If it is a complaint petition then in every page there should be sign of complainant and the SDO.

Chairman; if it is a complaint then there should be case no.

Member Judge Anwarul Haq; generally place of Number remains blank in the Petition it is inserted later on.

Prosecutor: there is no number, no filing date and no seal.

Chairman; there should have been a case number of the filling case in Court. It seems to me doubtful.

Other exhibits
Exhibit B and C is relevant to the Travel of DHS.

Exhibit D is list of beneficiary in a govt Programme.

Exhibit E is a book named ‘Josna O jononir golpo’

Exhibit F is Mahbub’s FIR.

Exhibit G to P is passport Photography. There are some discrepancies on these. His profession is written as teacher, writer and Business man. Spelling of name is also different in different passports.
Exhibit Q- is ‘Jinon Je rokom’ a book written on life of SDPO Foysur Rahman’s wife. I will argue at the time of my legal argument

Exhibit R- Is a book ‘Sundor boner sei Unmattal dinguli’ written by Jia Uddin Ahmed – it is supporting the prosecution case. The defence merely claims that the Accused name is not in those books. This does not mean that he was not a rajakar.

Exhibit S is A speech given in parliament by DHS in 1996. It reflects some background also. It shows that the accused was called Rajakar at that time and he objected. So allegation is very old.
Exhibit T is Mahbub’s Registration Card in SSC exam – without signature, it has no value

Exhibit U is Mabtab’s Registration Card in SSC exam. Without signature it has no value

Exhibit V is Bangladesh sadhinotar Juddher dolil potro. Not relevant to case.

Exhibit W is Manic Poshari’s case before Pirojpur Court.

Exhibit W-1-6 is statement recorded by Magistrate in the above case.

Exhibit X- Bangladesh sadhinotar Juddher dolil potro. Not relevant to case.

Exhibit Y- News Report on lawyers blaming the defence counsels

Exhibit Z- Invitation letters.

Exhibit AA- AI is also invitation letters.

Exhibit AJ- book.

Exhibit AK- Bangladesh sadhinotar Juddher dolil potro. - Not relevant to case.

Exhibit AL-Birth Registration card.

Exhibit AM- Birth Registration card.

Exhibit AN- list of beneficiary of govt

Exhibit AO-said nothing

Exhibit AP- said nothing

Exhibit AQ- said nothing

Exhibit AR- debarred list.

Exhibit AS- said nothing

Exhibit AT- said nothing

Exhibit AU- Tripartite Agreement

Exhibit AV- Mukti juddhe Jessore (Jessore in liberation war)

Exhibit AW- fraud on Tribunal

Exhibit AX- prosecution needed to hide their failure.

Exhibit AY- telephone bill of Safe House.

Exhibit AZ- succession Certificate of Binod Bihari.

Exhibit BA- GD of Manik Poshari, no 1078.

Exhibit BB- GD of manic Poshari, no 1367.

Exhibit BC- BH – he did not discuss.

Exhibit BI- it is concocted.

Ch- that is your case.

Material Exhibit- i, ii and iii are edited and with some fraudulent purpose.

Exhibit BJ- DHS (Khulna) is written. It indicate he used to hide there.

Summary of points on defense exhibits
At this stage HA submitted his arguments on all defense exhibits as follows-

1. All defense exhibits does not curb Charges against the accused.

2. Alibi plea is not proved.

3. If Alibi is not proved then my case stands.

4. Defense failed to prove their case.

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