Archive | December, 2011

Deposition of 2nd Prosecution Witness in Allama Delwar Hossain Saydee’s Case (Examination in Chief and Cross Examination)

24 Dec

ICT-BD.Dhaka. Case No 01 of 2011

Chief Prosecutor

Versus

Allama Delwar Hossain Sayedee

PW-2 – Ruhul Amin Nobin Continue reading

Deposition of Prosecution Witness No.1

21 Dec

ICT-BD.Dhaka. Case No 01 of 2011

Chief Prosecutor

Versus

Allama Delwar Hossain Sayedee

7th December 2011- Examination in Chief of Persecution Witness No.1

(The Witness started the Deposition after taking Oath. He deposed in manner of giving Speech. There was little questioning from the Prosecution Counsel with Prosecution Witness No.1)

My name is Mahbub Alam Talukder, My age is 60, Religion – Islam.

In 1971 March Bongo Bondhu (BB) gave speech that this is now struggle for liberation. We should all face the enemy with whatever available. After this speech the general people of BD who were setting liberation get ready for liberation war. On 25th March the Pakistani Occupying Force (POF) stated attack in the name of Operation Search light in every part of the whole country including Dhaka. They carried out killing, looting & arsoning and general people, supporter of liberation war and Hindu people. On the midnight of 25 March 1971 the POF arrested BB. Before he arrested BB told that from today BD is a liberated country. After that the peoples and students of BD and supported for liberation started for liberation war. Many went for war training to India. May took training in different parts in Gerila training and collected arms and ammunition locally. They resisted POF and carried out Gerila attack in whole BD and killed POF. The POF had to take help of Golam Azam, A k Yousuf of Khulna, Khan Bahadur Afjal in Pirojpur to build up auxiliary Force of the POF. It was peace committee. The member of Peace Committee people ordered the Jamat Islam leader and supported to participate in peace Committee to kill the supporters of liberation war. later on Sekandar Ali, Danesh Ali Molla, Moslem Uddin Maolana, Ajhar Ali Talukder, Delwar Hossain presently Sayedee, Abdul Karim, Habibur Rahman Munshi, Sobhan Mawlana, Hakim Kari and others formed Parerhat Peace Committee. This peace Committee was formed by Mawlana Moslem Uddin, Delwar Hossain Primly Saydee, Mohshin, Habibur Rahman Munshi, Momen Hawlader, Sobhan Mowlana, Hakim kari & other including students of many Madrasha & members of anti-liberation organization. They formed auxiliary Rajakar force for POF. Moslem Uddin Mawlana, Delwar Hossain presently Sayedee, Habibur Rahman Munshi, Mohshin, Momen Hawlader, Sobhan Howlader, Hakim Mir & many students of Madrasha including the anti-liberation organization formed Rajakar force.

On the 1st week of May 1971 the POF came to Pirojpur. On 07 march in the worming. I was at home and heard from people that POF was coming to Parerhat and the members of Parerhat peace Committee were waiting in Parerhat Rickshaw stand to welcome them. I went to Parerhat Rickshaw stand and secretly following that the members of Parerhat peace Committee were standing. Few times later 52 POF came to Parerhat by 26 Rickshaws stand. The people of peace committee welcomed them. Delwar Hossain Sayedee (“DHS”) was fluent in Undu and as such he was talking with Captain Ejaj. They were taken inside the Parerhat Bazar and indentified the houses and shops of the supporters of liberation war to Captain Ejaj. Captain Ejaj then Ordered to loot. looting started. Since the situation was bad I went a bit far away. Latter on I came to know that 30/35 shops & houses were looted and distributed under the control of Mr. Sayedee. Makhon Shaha was big business of Parerhat Bazar and his shop was also looted. It was 22 sher gold and silver that captain Ejaj look by himself. Captain Ejaj named Parerhat as Sonar Parer hat finding such a huge quantity of Gold in one shop. On the north pool of Parerhat Modon Shaha’s shop was situated. It was also looted at the leadership of DHS. The shop and the house were taken away the other side of nearby canal to his father in Law’s house. The looted goods of Parerhat and gold was approximately valued Tk 15 lac which was used to create Five fund.

Nagar Bashi Shaha, Tarok Chandro Shaha, Beni Madob Shaha went to India in fear of their lives and DHS lead of looked them houses and formed office of five fund and DHS used to sell the looted goods in Nogor Bashi Shaha’s house.

He collected other looted goods to increase the five fund. DHS used these wealth to build up wealth in Khulna to Dhaka.

Later on in the Baduria, Chitholia village they looted and destroyed Manik Poshari and his brothers’ house. He also looted and destroyed by fire FF Selim Khan’s house in Baduria. Though Sekander Sikdar and Dannesh Ali Mollad was leader but since DHS was fluent in Undu he could build up a friendship with Captain Ejaj.

When DHS was studying in Alim class in Sharshina Madrasha he was restricted from the Madrasha after getting poof that he was connected with Jamat politics.

1.06pm  Adjourned till 2.00 pm

2.25pm  PW1 restarted

On 7th may after the incidents of looting as per DHS’s instruction they formed camp in Parerhat Rajlokkhis High School. The looted shop of Modon Shaha was later on recover from DHS’s father in law’s home by me and other freedom fighter immediate after the liberation war. I used to supply Secret information to the Shadrbam freedom fighter camp as informer.

The Sub-sector commander of scetor 9 Mejor Zia appointed me. The Rajakar and Peace Committee used to, Rape, look, Fire, Kill general people, kill the supporters of liberation war and Hindus by arms in every areas of Pirojpur. They used to forcefully supply woman to POF for rape. In different areas of the whole district I used to get information about these atrocities and supply to the Sundarban camp.

Before 7th May when POF came to Parerhat, the Rajakar camp was establish in Fakir dash bailding.

On 2nd June in the morning I was in my home. The witness Khalilur Rahman came to my house in early morning security informed me that you and the Awami league leaders and members in your house and listed by the peace Committee and Rajakars and DHS’s people will come to catch you.

I and the person who look shelter in my house were supporters of liberation war. I look them to shelter far away. I came to know from many people that at about 10:00 am the peace committee and Rajaker force in Parerhat including Danesh Ali Molla, Sekader Shikder, Delwar Hossain Sayedee, Momem Howlader, Hakim kari, Hibibur Rahman Munshi and many other unknown Rajaker took POF with them to Umedpur Hindu village near my house and attacked. They looted and destroyed houses of Chitto Ranjan Talukder, Johor Talukder, Bishabali, Sukabali Anil Mondol and others 25/30 houses and caused damage of tk 15 Lac. Bisha Bali was sick and they could Catch him and tied him with a coconut tree and beet him As per order of DHS they said that since we get him so shot him. One of the Rajaker shot and killed Bisha bali. Butane few moment when I know that they attacked Hundu Para, I secretly came to the nearby road bush with others and look Position. But when they shot fire, among us Mahtab, Altaf, Latif Hawlader and others ran away from that place and look position in a place far away.

On that day at about 12:00pm the members of Shanti Committee and Rajaker was comming to my own house. I saw that. Inside my house they put pressure on my brother Abdul Majid to bring me and other freedom fighter. When my brother denied, they tortured my brother and at one stage of they entered into the house and look away 10 tola gold jewelary and tk. 20000/- cash from my Almira. They took away 2 tola gold jewelary and goods of about tk. 3 Lac from my mother’s room and destroyed furnitures valuing Tk 30,000. There after they left the place.

Previously it was not possible to get justice for the claim against Humanity, war crime, looting, raping, killing Lacs of people in 1971. The presents Government decided before the last election that they would try the War criminals. The people of this country wanted trial of war criminals. That’s why they voted for this government. I filed a case in Pirojpur Court alleging war crime. The court directed the Indurkani Police station to consider my complaint as Ejahar (FIR). On 08.09.2009 the Ejahar was filed as the P.S. case No- 4. The investigator of the case is S.I Zafor Ali Hawlader. This IO (Investigation Officer) of the case investigated the matter but after long day they could not show any progress in the investigation. I came to know in Radio, TV, news that the International War Crimes Tribunal hab been set up in Bangladesh. The investigator of that tribunal will investigate. Thereafter, to get justice, I filed this complaint to the chief of the International War Crime Tribunal. The date of submission was 20.07.2010. I want justice and this is any testimony.

3.05 pm

H/A- You filed a complaint to International Crime Tribunal. Is this your complaint – PW-yes. [Ext- (1)] Signatures [Ext- 1/1, 1/2, 1/3]

H/A- Is it your signature?

P/W- Yes

H/W- It is available in main volume

ZA- TI please take note that It’s volume-1, Page-1 of the Document volume.

H/A- Exhibit of Seizure list

PW- Seizure list (vol-1, Page-14) dated 18.08.2010 time 11.00 am, Place- Chitholia village, P.S + District- Pirojpur. Seized from Alamgir Poshary Son of Sayzuddin Poshari. Description Of seized goods- 2 dhewtin, very old with damaged by firm. This is the Seizure list [Ext- (2)] this is my signature- (Ext-2/1)

Another Seizure list-

The date and time of Seizure 18.08.2010 at 11.00 am.

Place of SeizureChitholia

Seized from- Abdul Manik Poshari, Son of Late Sayjuddin Poshari.

Description
of seized items (a) 2 dhewtin damaged by fire with 15/16 damage signs.

(b) A wooden pillar of house with fire damage sign, very old and one door frame with fire damage wood. I was present at the time of Seizure. This is Seizure list [Ext-3] and this is my signature (Ext- 3/1). The IO kept these goods in my custody. This is the custody letter (Ext- 4). This is my signature (Ext- 4/1)

I.O also took pictures of this goods and others destroyed homes by fire. These are photocopies of four pictures (Ext- 5 series). My signature is below those photocopies (Ext- 5/1 series- with objection by defense as these photocopies)

H/A- Do you know DHS?

PW- I know DHS and he is sitting in the doc. (Identified)

H/A- Defense will now cross you. If you do not understand any question then take assistance of the tribunal and us.

1st Day of Defence Cross Examination on 11th December 2011

Cross of PW-1 – Mahbub

11.00 am dated 11.12.2011 (Defence Counsel Mizajul Islam (MI) started the Cross)

The investigating officer Helaluddin before who I made my deposition is present in the Tribunal now. The Alamats (Seized materials) that was in my custody was in the house of Manik Poshari last Wednesday and Thursday. It is not true that after taking the Seized materials in my custody by handing them over to Manik Posahari, I have violated the rules of seizure list. I have seen the place where Manik Poshari has kept the Alamts (seized articles).

Manik Poshari and I filed two separate cases against Allama Delwar Hossain Saydee in the Pirojpur court. I cannot remember whether after filing the case, we gave interview before ETV and ATN Bangla.

I was informed about the Seized list by the investigating officer. This was between 11 am and 12 pm. Date was 8th May. Most probably the seizure list for Manik Poshari’s house was prepared at an earlier point in time.

It took about 15-20 minutes to prepare the seized list for Manik Poshari house.

It took 10-15 minutes approximately to prepare the seizure list for Alamgir Poshari’s house. The time of the Seizure list which I exhibited was shown to me at 11am. The seized materials were not placed in a bundle or label, nor did the I.O. place his signature on it.

Manik Poshari is Alamgir Poshari’s elder brother. It is the true that neither Manik Poshari nor Alamgir Poshari nor any person of their houses is a witness to the seizure list. It is not true that. There was no burn mark in the seized materials. It is not true that the seized Alamats were prepared for the purpose of the case.

On that day, most probably at 12pm, I went with the I.O to Selim Khan’s house. The photograph of Selim Khan’s house that I visited is a photocopy. The same is true with regard to the other photocopies. When the photographs were taken a photocopy machine was available in the relevant location. The photocopier machine was in the brief case of the I.O. The photograph of Selim Khan that is exhibited is captioned as “Seizure List”. The reference of the seizure list is not indicated in the said photograph. The date and time of Seizure is also not indicated in the photograph.

(Later stated): Seizure list in Selim Khan’s house was prepared after preparing Seizure list of Manik Poshari’s house. The location of seizure is not indicated in the photograph. It has also not been identified in the photograph that from whom the materials have been seized. Name and addresses of witness are not in the seize list but their signatures are there. No description of the seizure list has also been stated in the Photograph. It has not been stated in the seizure list as to who prepared it.

I have also exhibited photographs of the burnt wood and a shed of tin of Manik Poshari’s house. I have also exhibited photograph of Manik Poshari’s burn house. My previous statements regarding first photograph is fully applicable with regards to three photographs.

I have heard where Delwar Hossain Saydee has finished primary education. I have heard that he had been a student of Sharshina Madrasha. I don’t know in which year he got himself admitted to Sharshina Madrasha. It may be approximately (7-8) years before liberation. He completed his education in the Madrasha. I cannot say in which class he got himself admitted. Delwar Hossain Saydee studied up to Alim class in Sharshina Madrasha. The Madrasha is approx 20/25 km. Away from my house. It is in North Eastern direction. I have never gone to Sharshina Madrasha. I cannot remember the time of the principal of Sharshina Madrasha. At the time Saydee was studying there. I cannot recall the names of any of Saydee’s classmates. I cannot even recall the names of Saydee’s senior/junior classmates. I cannot say anything about the Madrasha’s Muhaddis (scholar). I cannot say anything about this Madrasha. I do not know who investigated into the matter of Saydee’s expulsion from Sharshina Madrasha.

I did not mention the fact of Saydee’s expulsion in the case I field before the Pirojpur court. But later I field an amendment (On 20/07/2010 I). (Later, the witness stated  I did not file in the Pirojpur court. It is not true that I made the statement regarding expulsion just to humiliate him. I field only one application before the Tribunal.

The house in which I reside has brick walls with a tin roof. I have been residing in that house for the last 6-7 years. I inherited the land on which the building is built from my mother. I build the building.

It is true that on 07/04/2004 I made an application signed on 06/04/2004 to the Prime Minister thorough the Deputy Commissioner for financial assistance for construction of the building.

Mahbub Alam Talukder (PW1)    2nd Day of Defence Cross Examination on 12th December 2011

11:58am

Cross Continued.

PW1-    took oath.

I may have applied on 19.01.2005 to DC. Pirojpur for Dhew tins as Poor Freedom Fighter. I received donation as per my fist application. I cannot remember the amount of the donation. I cannot remember whether I prayed for 5 bundle tin in my 2nd application. I might harm received help or my 2nd application. But I cannot remember the amount.

In my first application dated 06.04.2004 I applied that my house was looted by Rajakar and POF. I cannot remember whether I wrote in the said application that my brothers had taken away my houses in a separate place due to the fear of looting of POF with the help of Rajakers. I cannot remembers whether I described about my personal looted goods in the 1st application.

Defence Counsel Mizanul Islam (MI) drew attention of the PW to his1st application and wanted to exhibit this document through him

Prosecution objected that the defence document cannot be exhibited by a prosecution witnesses. According to them DW can only exhibit a defence documents.

Tribunal Chairman Mr Justice Nizamul Huq Nasim (Ch) to MI –    You can drown attention to this letter but cannot exhibit by the PW. In my said application I did not allege looting of my house by POF with the help of Rajakar. But I stated that I was harmed by them.

PW-2 In my said application I did not allege looting of my house by POF with the help of Rajakars. But I stated that they caused harm to me.

Prosecution objected that Defence cannot ask any question on any defence document.

MI – This document is prepared by the PW1 and we have right to ask question from the paper which is signed by the PW1.

Member Judge Jahir Ahmed (JA) allowed to ask the question.

PW1 – It is not correct that in my said application I didn’t allege harm by POF. I cannot remember whether I allege any harm by Rajakar, POF, Albadar on my 2nd application.

My present occupation is commander of FF. I received allowance as FF and have house. Monthly allowance is Tk. 2000/- as FF (Pr. Objected on this question as being irrelevant). My present home is of 6 Katha with my brother. Other properties including home and land is about 1.5 or 2 Bighas (about more than half acre).

I am now living with my 2nd wife Rina Begum. My wife Rina Begum received a VGD card from government to get 30 kg rice, per month from January 2011. This is called as child card. It is not correct that I falsely said about the child card. It is not correct that I stated counteraction from the period of this Government. I cannot remember the time when I started construction of my house. I cannot remember whether at the time of liberation war 1971 there were Five Police stations in Pirojpur, nearly Pirojpur Sadar, Mathbaria, Bhandaria, Najirpur, Kawkhali, Sharapkhathi, The present Jianagar P.S was within Pirojpur P.S in 1971.

I cannot remember whether there is a police station called Nesarabad in Pirojpur. I cannot remember the name of Peace Committee president and Secretary of Mothbaria area. I cannot remember the name of Rajakar commander in Mothbaria. I cannot remember the commander of Alshams of Mothbaria. I cannot remember the commander of Al Shams in Mothbaria. I cannot remember the name of the officer in charge of Mothbaria Police station at that time. I cannot remember the name of 2nd Officer of that P.S. I cannot remember the name of Circle officer. I cannot remember name of any person of Mothbaria P.S. I was in charge of Indurkani and Parerhat area. My earlier statement during deposition that I was secret agent of Pirojpur is incorrect. No one thought me to say that I was secret agent in whole area and regularly supplied information to Sundarban about the atrocities (Prosecution objected as being irrelevant). It is correct that during liberation war I did not go to Mothbaria, Kawkhali, Uandaria, Najirpur, Sharupkhati as secret agent. But I had connection with FF of those areas. There was separate secret agent in Mathbaria P.S area. Mathbaria area was in control of Major Zia. I cannot remember the secret agent in charge of Vandaria area. Similarly I cannot remember the secret agents in charge of Najirpur, Kawkhali, Sharupkhati.

2:10 pm

Similarly I cannot say the name of Peace Committee president and secretary of Mothbaria, Vandaria, Najirpur, Kawkhali, Sharapkhati, Police Station area. I cannot also say the names of Rajakar commander of these area. During liberation war Pirojpur was within Barishal District. I cannot say the names of president and Secretary of Barishal District peace committee. I cannot also say the name of Barishal District Rajakar commander. The present Zianagar Upajilla is comprised with 3 Unions. This Zianagar Upajilla was formed during Khakeda Zia Government, but I cannot remember the date. I cannot remember whether it is in 1st or 2nd term of Khaleda Zia government. This Upajilla is constituted with Parerhat, Pottoshi and Balipara Unions. Shankar Pasha is one of the Union of Pirojpur Upajilla. Part of this Union is adjacent to our Union. I cannot remember the name of President or Secretary of Shankar Pasha. The adjunct area of Shankar Pasha of Parerhat was under the Peace Committee of Parerhat. I cannot remember that Ekram Khalifa was president of Shankar Pasha Union. It is not correct that I am Knowingly hiding this. It is correct that he was Chairman of that area at that time. I can not remember the numbers candidates in my area During the Provincial assembly election of 1970. I cannot remember the number of candidates in national assembly election in my aria in 1970. I cannot remember the total number of votes casted for Awami-League in my area candidates in those elections. I cannot remember the name of person who was elected as president of Pirojpur city corporation in 1974. I cannot also remember the name of vice president. I know Abdus Salam, s/o late Nabab Ali of Umedpur. He is alive now. I do not know Ashrab Ali, s/o late Skender Ali Forazi of Hoglabunia. I know Chitto Ranjon Talukder, s/o late Brojendro Nath Talukder of Umedpur. He is not alive now. He died a year ago. I cannot remember the exact date of his death. I cannot remember Yousuf Howlader, s/o Motahar Ali Howlader of Songkarpasha. I know Abul Bashar Montu, s/o late Imdadul Khan Khokon of Badura. He is alive now. I do not know whether he lives in the area. But I occasionally see him. I know Mizanur Rahman Vedu, s/o late Ashrab Ali Howlader of Badura. Hi is alive. I do not know whether he lives in the area, but I occasionally see him. They were named as witnesses in the case I file against Allama Delower Hossain Sayedee in Pirojpur. I cannot remember Mahbub Pashari, s/o Monnan Poshari of Chitholi. I know Jahangir Poshari, s/o Saijeddin Poshari. I do not know whether he is alive know. I do not know Kanchon Poshari, s/o the same person of same village. I cannot remember Horipado Mistri, s/o Churamoni Mistri of Chitolia. I cannot remember Jadob Chondro Roy, s/o late Modon Roy of Chitolia. But I know his father Modon. I cannot remember Mojahar Kha, s/o Chad Kha of Chitolia. I do not know Khobir Howlader, s/o late Tofayel Howlader of same area. But I knew his father Tofayel. Pirojpur sadar liberated on 8 December 1971. It is not correct that on that day Captain Shajahan Omar lade foredoom fighters to occupy/ take control of Pirojpur Pollice station. It was liberated by Major Zia Uddin. Major Zia Uddin’s second-in-command Mr. Samsul Alam Talukder and Adv. Samsul Haque are different person. I am foredoom fighters commander of Zianagar Upajilla. I sent corrected report to the Government as commander of Zianagar Upajilla. The caption of the report was “during the great liberation war of 1971 the POF and their collaborators Rajakars, Albadars, Al Shams committeed genocide, raid, looting, arsom, crime against humanity” I cannot remember whether this is the letter (the letter was shown to the witness from prosecution document valium number 3 page 202-209). The memo number of letter is G/Mu/So2011/18/ dated 02.02.2011. It is in volume 3, page 202-209 of prosecution document. On page number 209 there is a name and signature. It appears to be my signature. It is photocopy not the original one. On page 202, serial 3 it is said that there is no rape victim in Zianagar Upajilla.

3:05pm

Adjourned for tomorrow.

(the judges had a meeting and as such they adjourned the proceedings early)

3rd Day of Defence Cross Examination on 13th December 2011

10:47 am

Oath taken

Cross

I provided list of killed people by Peace committee at Boleshor Bedi (Killing ground). It is at page 209 of the prosecution document volume-3. (Prosecution objected to this question as the defence cannot question on content of the document which was not exhibited)

Boleswar Bedi (Killing ground) is the old Ghat (river port) of the Boleswar River at Pirojpur. Boleswar Bedi is now located in the present Pirojpur Sadar Upajila and not in the Zianagar Upajila. The name of Bishabali is stated at serial No.1 (of the list).

(Question by the court) :

Were all the people listed in Page 209 of vol-3 of the prosecution document killed by gunfire at Boleswar Bedi in Pirojpur.

(Answer to the court) :

Although the place of killing of the 26 people were not at the same location. We showed them all be killed at Boleswar Badi to show the total number of people killed, Pursuant to the letter of the Ministry.

At the end of this list in a separate description it has been stated that Ibrahim Kutti son of late Gotar Sheike, village Badura, Upajila and District Pirojpur was taken from his father-in-laws house at Parerhat, Nalbunia to a pole at Parerhat Bandor (Port), near a canal and soot and killed (Objection by Prosecution to this document).

(Court order that we cannot question on the content of document submitted by Prosecution)

12:00am

Question : Your report dated 02.02.11 as per the direction of Government is given correctly after understanding the truth of the contents of the Report.

Answer : I received the letter from UNO (Upazila Nirbahi (Chief) Officer). I submitted detail report after collection of detail Information. But when UNO told me that I will have to give short report then after discussion with UNO I gave the report with discussion with UNO. That was not my independent Report.

I cannot remember the exact date of request of UNO for the Report. But the Report request letter may be before one month of the Report. Before Subemitting this report I called a meeting of Zianagar Muktijodha Sangshad (freedom fighter’s association). I cannot remember the exact date of the meeting. There was a written resolution of that meeting. 8/9 person were present in that weating. There was no government officials as member of the Muktijodha Songshad. As such No Government official was present in that meeting. It is not correct that in the said report there is no signature of any government official at any stage of the report. UNO, Zianagar, Pirojpur was sender of the report to UNO. I was sender of the Report to UNO.

I did not pass Mattric Examination (SSC). But I appeared the SSC exam. The name of my Primary School is Umedpur Government Primary High School. After that I studied in Madrasha for few years. After that I was admitted in Parerhat Rajlakhi High School. I did not register for SSC from that school. After 4/5 years I registered for SSC exam from Balipur High School. In the said registration my date of birth is 20th March 1959, this can happen in education (Under age). It is not correct that I write my correct age in the said registration card. From 16th December 1971 to 14th August of 1975 Awami League Government that lead Liberation war was in power. Bakshal was in process at that time. Bakshal was never in action. From 16th December 1971 to 14th August 1975 I was in Bangladesh. During 1982 to 1990 the Ershad government was is power. I cannot remember the exant date. But he was in power.

During 1996 to 2001 Awami League lead Sheikh Hasina was in power. During 16.12.1971 to 14th August 1971 DHS was not in any post of member, Counciler in our area. He was a general people at the time. At that time many careers were filed under Collaborators Act against those who were involved in killing. Rapee, Arson, Looting. At that time there was cases against the collaborators. But I do not know the number of cases. During that period I did not file any case against DHS. I did not file any general Diary in any Police Station agentes DHS at that time. During the Ershad government that period I did not file any complaint agerint DHS to any authority. During the Ershad government I also did not file any case. G.D or complaint to any authority against DHS. Similarly during 1996 to 2001 where the preset. Prime Minister was in power for first time I did not file any case, GD or complaints to any authority again DHS.

1:00pm

Chief Prosecutor- Drew attention of the tribanal to Section 19 of the Act for expeditious trial.

PW-1 : I file the case in 2009 against DHS from my own initiative.

JA- Addressing the defence trial lawyer told that – When you will come to the main point.

MI- We are asking all relevant questions

Continuation of cross-examination after lunch.

Resume at 2:00 P.M

Oath taken.

The case I filed in Pirojpur was filed directly before the court. I did not go to the police station. I did not know before filed this case that the government had prevented Sayedee from leaving the country. I am not aware that Sayedee filed a writ petition before the High Court Division (HCD) of the Supreme Court of Bangladesh challenging the prevention of the Government. I do not know that the judgment of the HCD was in favour of Sayedee. I also do not know that a Leave Petition before the Appellate Division. I also do not know that during the hearing of the leave petition the Attornuy General started that a case may be filed against Sayedee. It is not true that there after on the direction and supervision of the Government. I filed the case against Sayedee. In that case I describe lim as Delwar Hossain Sayedee and not as ” at present known as Sayedee”. In that case the I.O (Investigation officer) sent a number of witness to the learned magistrate to record their statement under 164 of the Cr. P.C. The IO of that case went to my house. I gave evidence to the I.O. I do not know which witness come with me. I possibly could not present any evidence in support of my case at the time. On 20.07.2010 I submitted an application to the Chief Investigator of the Tribunal. I submitted this application myself to the chief Investigator in Dhaka. I did not know the chief Investigator. I came to Dhaka and contacted a colleague who informed me of the address. The name of my colleague is Mijanur Rahman Talukder. The application was composed in Pirojpur. The place where the application was compose is about five half miles from my house. I wrote the application at home and took it to computer composer in Pirojpur. I do not know the name of the computer composer. It is not true that the I.O of this case (Helel Uddin) with the aid of the Government brought me to Dhaka and merely signed the application prepared by him. I did not give any evidence after filed of the case of this case and before giving evidence today.

I did not make an application to give any evidence before the Perojpur court in 1992.

The people inquiry commission which was formed in 1994 to Identify war criminals, asked for evidence by newspaper advisement. But I did not make any application give evidence to such people’s inquiry commission.

I was not married in March 1971 when SK Mujib called for independence. I was first married on 04.02.1973. My first wife name is Firoja. She filed a case aginest for demanding dowry. I was convicted is that case. I have appealed against the conviction and am now on bail (prosecution objects). The case I filed against my wife was dismiss by way of compromise between the parties. It is not true that there was no compromise. I know Shvash Chandra Hazar. Although I was convicted in absentia in a case filed by Hazar, the conviction was sat side an appeal. I do not know whether I was present at the time of the judgment by the trial court.

It is not true that after the start of liberation war in 1971 the area was under the control of the all parts Liberation council. (council) The council was constituted in Pirojpur Sadar and not in the village. The chairman of the council was Enayet Hossain Kha, possibly. I do not know who was secretary of the council was. Could be Dr. Abdul Hai. The treasury of looted under the leadership of the council. For the purpose of arms. I do not know when it was looted. The ammunitions godown was looted I do not when it was tooted. I was not a member of any political pay at the time. I do not know whowere the political leaders of the area at the time. I do not speck Urdu. But I know when Urdu is spoken. If one of five people are seeking in Urdu, It be token that send person specks good Urdu. I did not read the papers in 1971. I do not know the days of meeting of Jamat at Khulna or Khustia. I do not know then the East Pakisthan Peace Committee was constuheted. To my knowledge the civilian / convenor of the Peace Committee was Golam Azam. I do not know the number of members of the committee. I know the names of few members of the committee. They are,

  1. A.K.M Yousuf of Khulna
  2. Khan Md. Afzal of Pirojpur

and other members of Jamat. I do not know when the peach Committee was constitute in Pirojpur. I do not know who is Razakar Commander of Pirojpur Sadar.

Afzal was the Peach Committee Chairman of Pirojpur Mohokuma. But I do not know who the Razaker Command of Peach Committee Secretary of Pirojpur Mohokuma.

To my knowledge in Zianagor, there was no member of Al- Shams and Al-Badars. I do not know whether Razaker force was a Govt. force but I know it was an auxiliary force of the Pak Army. I do not know whether the Razaker force was a Salaried force.

Before 07.05.1971 on 25.03.1971 I reactive at school field. There I was given the duty as a spy (secret agent). I was the given the duty to give and bring and take information to Sundaban camp before 7.5.1971. At the end of June 1971 i was formally given the duty to bring and taken Sundorban camp by Mejor Ziauddin, Awal and Modhu. Sometimes I used to take/bring information from the camp. But there was no fix date. I have personally been to the camp not less than 50 times (approx). The other people used to send to the camp for information where Shoizuddin, Raizuddin including….in there group.

The group to the Sundarban camp was difficult to access. The time taken to camp used vary with the circumstance. I could never go to the camp without obstacle. I do not know the minimum time it took to go and come back from the camp after the 40 years.

I meet Major Ziauddin and his friends from time to time. I always went to come Major Ziauddin. Mohiuddin Kalam was in-charge of the camp in absence of Major Ziauddin. I always meet him.

3.50 pm –

Adjourned for tomorrow.

(Prosecution objected in every question during the cross examination. Causing disturbance in the proceeding).

Mahbub Alam Talukder (PW1)    4th  Day of Defence Cross Examination on 14th December 2011

10:40 am

Oath taken

Cross Examination by Advoate Kafil Uddin

Sunderban area is not in my Pirojpur Area. It is a big area situated in Satkhira, Khulna, Bagerhat of Bangladesh and a part of India. I cannot say the exactly how big area it is. I cannot say how deep in Sunderban Major Ziauddin’s Camp was situated. I communicated with the Shoronkhola camp the most. His camp was situated in the already build building of the forest office. There was no hanging board in his office containing names of the area wise commanders of the freedom fighters. There was no identifiable picture hanging in his office. I did not see any typist or P.A. there. After 1971, in normal condition, it took about one day to go to Major Ziauddin’s camp. But at the time of tide it took some more time. There is no regular transport to go there. One had to go there in special arrangement by boat. I might have stayed there for one or two days for physical condition. I met many freedom fighters in the camp. In primary stage there was three camps there. Later on due to situation number of camps increased inside the jungle. I cannot remember how many camps were increased later on. I cannot say how many commander was under Major Ziauddin in the Sundarban camp. Major Ziauddin is from our area. His house is 5/6 miles away from my house. He spent his student life in Pirojpur. I know him from then. Now I have very few communication with him. During the liberation war I used to call him ‘Ostad’ (leader). I cannot say the name of the place where Major Ziauddin’s camp in Sunderban was situated. I was never attacked or hurt at the time of going and coming from the camp. There was no security protection like present days in the Major Ziauddin’s camp where I used to go. At that time there was no security chain or commander for protection of Major Ziauddin. Sometimes I saw Abdul Goni Poshari, Chunnu Khan, Goutom Hawlader, Sudhir Master, Shonkor Shen around Major Ziauddin in the camp. Major Ziauddin divided his force in many groups and sub-groups under authority of different persons to run the war. I cannot say the names of the persons who were in charge of those groups. He (Major Ziauddin) separated his spy section under a different command. Mohiuddin Kamal was in charge of that section. To my knowledge, there was no camp for the spy section. I cannot remember whether I knew freedom fighter Poritosh Kumar Pal during the liberation war. I have heard of Pangashia. I cannot remember what is Pangashia. It may be name of an area or village. I do not know Tambulbunia. There is no freedom fighter called Babul Gazi in my Parerhat area. Major Ziauddin appointed Shamsul Haq presently Advocate as freedom fighter commander of our police station area. But I cannot say who was appointed by Major Ziauddin as freedom fighter commander of my neighbouring police station area Ujirpur. Major Ziauddin appointed Aziz as Vandaria Police Station area freedom fighter commander. I cannot remember at this moment the names of other freedom fighter commanders in the remaining police station areas. I got normal training on spying from the camp. I took training under Subedar Modhu in Sunderban camp on the last part of June. I cannot say the name of the area where I took spy training in Sunderban. I do not directly know freedom fighter Abdul Mannan, Mojid Khan, Jahangir Bahadur, Habibur Rahman and Altaf. But I may recognize them if I am told the name and address. If I am not told the address I cannot say whether I met those persons during the liberation war. In my application dated 20.07.2001 towards the Chief Investigation Officer I did not say that Mr. Awal gave me the duty as spy. I cannot remember at what time on 8th December 1971 Pirojpur became liberated. I cannot remember whether it was morning, evening or night. I was with Major Ziauddin when he came to Parerhat after it becomes free from the enemies. At this time I cannot remember the exact date and time of coming to Parerhat. I cannot remember how many days after 8th December, but it was not 8th December. I did not read the book ‘Those wild days of Liberation War in Sunderban’ by Major Ziauddin Ahmed. I do not know whether in 2007, during the Caretaker Government, the Pirojpur District Council published any book called ‘Pirojpur’s History’. This is not correct that I know about the above book written by Major Ziauddin and the another book published by the Pirojpur District Council and since my said story are not contained in the said books and I am not identified/named in the said books, I hide the truth by giving statement denying knowledge about the said books. I have not read the book ‘Records of Liberation War of Bangladesh’ written by Poet Ahsan Hafizur Rahman and edited by the Ministry of Information. It is not correct that I wanted to hide the truth by saying that I did not read the book edited by Poet Ahsan Hafizur Rhaman since in the said book the true story of liberation war in Pirojpur was stated and there is no mention of my alleged events in the said book. It is not correct that on 8, 12, 13, 14, 15 and 16th December Major Ziauddin lead to arrest the members of peace committee and rajakars and anti-liberation peoples in Pirojpur and that they were taken inside Sunderban by Steamer and killed by constituting killing squad. It is not correct that at that time Sultan, Sekander Commander, Sekander Shikder, Moslem Mawlana, Danesh Molla, Delwar Hossen Mollik, Sayed Md. Afzal and other rajakars were arrested at that time. But among these persons Sekander Shikder was arrested. The other persons were absconding. I cannot remember whether after liberation of the country many cases were filed against the Rajakars and the anti-liberation peoples. I have heard that nationality the renowned Rajakars who were absconding was cancelled. It is not correct that during liberation war I never met Major Ziauddin Ahmed @ presently Major Ziauddin and that at that time he did not appoint me as spy. It is also not correct that due to my above weakness, the honorable Member of Parliament Mr. M. A. Awal in collision with the higher authorities of the government caused me to file this false case.

I do not know whether there are 62 false freedom fighters in the country. In my complaint dated 20.07.2009 to the Investigation Officer of the Tribunal I did not name the accused as ‘Delwar Hossain presently Sayedee’. My statement to the Tribunal by correctly naming him as ‘Delwar Hossain presently Sayedee’ is true.

1.00 pm – lunch break.

2.10 pm – after recess

Delwar Hossain Sayedee was candidate for three times for member of National Parliament from our area and he was elected for two times. Every time he campaigned by pestering and attending public meetings with name Allama Delwar Hossain Sayedee. After Delwar Hossain Sayedee’s winning for two terms, his opponent, Babu Sudhangshu Shekhar Halder, filed election cases for both term against him. In the said cases Babu Sudhangshu Shekhar Halder brought allegation of vote rigging against Delwar Hossain Sayedee. But he never raised any allegation about Delwar Hossain Sayedee’s name or him being anti-liberation person. I do not whether in the public meetings Sudhangshu Shekhar Halder Babu brought any allegation of Sayedee being anti-liberation person.

I do not know whether the victims of liberation war brought any allegation against Delwar Hossain Sayedee at the time of the elections. In the Umedpur Poll center in which village I brought the allegation of killing Bishabali, Delwar Hossain Sayedee received highest votes. In 2001 general election Delwar Hossain Sayedee received highest votes in our Tengrakhali and Parerhat poll centers. I cannot remember how many votes Delwar Hossain Saydee received in 2008 election. In 1996 election in parerhat area, in some places he received more votes and in some places he received less votes, but in total he was leading in the area. I have heard that in 1996 and 2001 general election Delwar Hossain Saydee received highest votes in Shonkorpasha Union of the present MP Mr. Awal.

I know Advocate Shohidul Alam Niru, Liakat Ali Sheikh Badsha, Habibur Rahman, Bahadur as organizer of liberation war and do not know Bahadur and Khosrul Alam. There was no freedom fighter called Abdus Salam Bachu. Khosrul Alam was not freedom fighter of Parerhat. I did not see Khosrul Alam as the freedom fighter commander of Parerhat. It is not correct that a big section of freedom fighters including my above named freedom fighters campaigned for Delwar Hossain Saydee at the time of elections and that before my complaint no one at any time brought any allegation of war crime against him.

I have heard that during liberation war S.D.P.O Fayzur Rahman was killed. I do not know whether Ms. Aysa Fayez wife of Mr. Fayuzur Rahman filed a case in Pirojpur police station about his murder. I do not know whether Aysa Fayez wrote any book in 2008 titled ‘Jibon Je Rokom’ (life as it is) about her history. It is not true that I wanted to hide truth by saying that ‘I did not read the book’ since in the said book ‘Jibon Je Rokom’ the events in Pirojpur during liberation war was recorded and there is no mention of Delwar Hossain Sayedee’s name. It is not true that before Delwar Hossain Sayedee had been addressing religious gatherings in the name of Delwar Hossain Sayedee. It is not true that after the liberation he is in the same occupation i.e. addressing religious meetings with same identity Delwar Hossain Sayedee. Probably in last June I was elected as Commander of Zianagar Muktijoddha Shangshad (Freedom Fighter Association of that area). Before me Mr. Abdul Latif was Commander of Zianagar Muktijoddha Shangshad. He had been commander of Zianagar Muktijoddha Shangshad since liberation war. After Mr. Latif, Belayet was commander. Previously, Muktijoddha Shangshad election used to held in every two years. But I have heard that now the duration has been changed, but I have not yet received any papers in this regard. Zianagar Muktijoddha Shangshad was established probably in 1974.

Before liberation war in 1970 I was student. Among the freedom fighter Habilder Shahid Alauddin, Habilder Shamsul Haq, Habilder Habib, Md. Abu, Captain Altaf, Dr. Jahangir, Md. Afzal, Hemayet Uddin Badsha, Nurul Islam, Mojibul Haq Mojnu, Shahid Asad, Md. Helal, Tipu Sultan, Kamal Uddin Ahmed, Habibur Rahman Shikder, Habilder Haq, Subeder Fulu, Md. Sahhid Khondoker, Shahidul Alam Badol, Habilder Fazlul Haq and others I met Habilder Shamsul Haq, Md. Abu, Captain Altaf, Shahid Asad, Tipu Sultan, Kamal Uddin Ahmed, Habibur Rahman Shikder during the liberation war. It is not possible for me to know the other persons without name and address. As per my knowledge Habiblder Shamsul Haq is the present Advocate Shamsul Haq. At present I have 4 children. My elder son is of 15 years. My youngest son is of 4 years.

Monjur Ahmed Ansari started to cross at 4.00 pm

My house is at Tengrakhali village. My village is west to the Parerhat Bondor (market). To go to our house one need to go through the road from Parerhat Police station and in front of Rajlakhi High School. Parerhat Bazar is straight to north and south. Parerhat bazar’s north end is Rickshaw stand and the south end is Kocha River. This bazar is about half a mile long. There are three sub-road in the bazar. In 1971 there were about 500/700 structures of shops and houses in Parerhat Bazar. In 1971 the road from Parerhat bazar to my house was soil road (not concrete road). My house is about one and half miles away from the north side Rickshaw stand.

We are three brothers. My brother Baten Hawlader lives in our parental house. My brother Abdul Mojid Hawlader is dead. He had 4 sons. In 1971 Baten Hawlader used to live in the same house in a separate room. Abdul Hi son of late Mobarok lives in our house. Jabbar and Awal are two others sons of late Mobarok who lives in two separate rooms of the same house. I and Abdul Hai are of same age. Awal’s age is about 50 years. Jabbar’s age is about 38/40. Faruk son of Late Motahar Ali’s age is more than 50 years. He is living in our same house. Jahangir son of late Lala Howlader’s age is 47/48. Mohsin son of Late Imrul Hawlader of our house’s age is 63. During liberation war in 1971 all the above named persons including me lived in same old house. On the east side of our house Himur Ali Sarder’s house is situated. In 1971 there was a family living in that Sarder house. Abdul Latif is ender son of that house. His present age is 45-48. I knew late Morak Fakir. He had two sons namely Ruhul Amin Fakir and Bone Amir Fakir. I knew one of the son of late Jinnat Ali Fakir of that house, his name is Jalil Fakir. His elder son’s name is Abul Hosen Fakir. I knew late Sekander Fakir. I know Shahidul Islam Fakir son of late Sekander Fakir.

I know sharif. Hemayat Uddin’s age may be 60/62 years. I know Salek Sharif of the same house. His age is about 52-55 yuears. I know Moslem son of late Hasem Sheikh of the west side of my house. His age is about 65 years. I know Salam son of Dolil Uddin of the same house. He is elder brother of my first wife. I know Hasan son of Ahmmad of western side house of my house. Hasan’s age may be less than 50 years. I know Aku Choukidar of the same house. He is no more. Aku Choukidar’s son is Abdul Aziz. Aziz Choukidar later on joined police. At present Abdul Aziz is in retirement. I know Anis son of late Moinuddin of the same house. I know Belayet of the same house. Char Tengrakhali is about one mile away of south-west side of my house in a different villege. Umedpur villege is situated at the western side of my house. Late Bishabali’s house was in Umedpur villege. Late Hasan Chairman’s house is south to late Bishabali’s house. Approximate distance may be 150 yards. Late Hasan Chairman’s son is Shah Alam the present chirman. Shah Alam’s another son is Abdul Salam Hawlader. Nazem Howlader’s house is east to my house and Bishabali’s house is east to Nazem Hawlader’s house. Nazem Hawlader and Kashem Hawlader lives in same house. I know Kashem Hawlader’s son Latif Hawlader and Afzal Hawlader. I know Nurul Islam Hawlader, son of Hosen Hawlader.

In 1971 very rarely rickshaw goes to our road. The road near to our house goes to the main bazar of Parerhat which is situated on the west side of the big cannel. The present bazar in the eastern side was not in existence in 1971. There were normal houses at that place. To go to Manik Posharir’s house from Parerhat bazar on have to take the road beside the canal on the eastern end of the Parerhat bazar and go towards south and again towards east and again towards south and then to cross a small canel. Manik Poshari’s house is about 3 kilo meters away from my house. It is not correct that it will be about 5 kilo meters by walk since the road is not straight.

Manik Poshari’s house is in Chitholia villege. The eastern side of the cannel near the Parerhat Bazar is known as Badura villege. Chitholia village is now a crowded place. Previously it was not crowded. The river side is now near to Manik Poshari’s house. Previously the river was 1/2 miles away from his house. I went to Manik Poshari’s house. I do not know whether Halim Talukder’s house is situated at the eastern side of Manik Poshari’s house. I do not know whether Moslem Uddin Poga’s house is situated at the western side of Manik Poshari’s house. Abdul Barek Khan son of Late Abdul Ali Khan’s house is situated at the western side of Manik Poshari’s house. Abdul Khalek Khan is brother of Abdul Barek Khan. He might have live in the house of Anwar Dorgi son of late Ismail Dorgi.

To be continued.

4.20 pm –

Adjourned for tomorrow.

(Prosecution objected in every question during the cross examination. At one stage Member Judge Jahir Ahmed said if Prosecution has any objection then only the Chief prosecutor should raise hand for objection).

PW1-Final Day of Defence Cross Examination on 15th December 2011

10.40 (Defence Counsel Monjur Ahmed Ansari (MA) started to Cross)

PW1 take oath.

Shahidul Islam Selim Khan’s house is situated near the eastern side of the Canal of Badura Village. His house may be a little far than 100 feet from the east side of the bridge. I know Abdus Salam Hawlader S/o Ashraf Ali Hawlader. The live in the old house of Selim Khan. I know Mizanur Rahman Hawlader S/o Ashraf Ali Hawlader. I know Selim Khan’s cosine Babul Khan. Rajjak Khan Ukil’s house is situated at the north side of Selim Khan. He is dead now. I know his son is Abdul Jalil Ukil who is a fish trader. I cannot remember Mannan Ukil S/o Late Kofil Uddin ukil. I know the ex-member of Parerhat Bazar Majid Talukder, S/o late Nawab Ali Talukder. His age is about 70 years. Abdus Salam Poshari, S/o late Helal Uddin Poshari used to trade cotton in Parerhat Bazar, I know him. He is paternal cosine of Manik Poshari. I know Motiar Rahman Hawlader. But I do not know whether his father’s name is Farman Ali Hawlader.

It is not correct that the Parerhat Bazar was established long after the liberation. Motiar Rahman Halder had two shops in Parerhat Bazar. I am not hiding this truth as I am testifying for this. Late Asan Chairman and his sons Shah Alam and Abdus Salam used to come to Parerhat Bazar during the liberation war.

I know Hosen Kha, S/o late Altab Uddin Kha of Villege Badura. His age is about 65 years. I know Dr. Suvash Chondro Ray s/o of late Dr. Sotish Chondro Ray of Parerhat Bazar. Dr. Suvash Chondor’s age is about 57/58 years. His younger brother is a service holder in a bank. I do not know whether his name is Dulal Chondor Ray. His name is Dilip. Dilip’s age should not be more than 52/53 years.

I have three sisters, among them one is step sister. The step sister’s name is Fatema Begum. My two sister’s name is Matoara and rokeya. Matoara is immediate elder to me. She is married with Imdadul Haq of Tengrakhali village. My elder sister Matoara might have studied upto class five. It is not correct that her date of birth is 19.07.1957. My father was not alive during the great liberation war of 1971. My younger brother Abdul Mojid Hawlader was alive at that time. He used to cultivate land at that time. It is not correct that during the liberation war our family had a total of 6 (six) Bighas (2 acre) lands.

I was not present at the time of looting in my house. I have heard that they have destroyed furnitures and have taken away the goods that I have described earlier. I cannot remember/say the how much rice we could grow by cultivating our house lands. My elder brother was cultivating those land and I never bother to get information about that. At the time of 1971 the price of one Mon (37 kg approx) rice was between Tk. 15-30. It is not correct that since we were living on cultivation at the time of 1971, it was impossible to have Tk. 20,000/- (Twenty Thousand Taka) in our house. At the time of describing the looted goods I valued them in the present days. The present god price is Tk. 60,000/- per Vori (slightly more than 10 grams). It is not correct that my description on the value of looted goods does not match the 1971 value and the present value. It was an approximate valuation. In my testimony I said that on 02.06.1971 morning Khalilur Rahman informed me. Khalilur Rahman’s father’s name is Iman Uddin of Village Togra. It is not correct that this Khalilur Rahman’s date of birth is 13.04.1972. When the PW1 was asked whether Khalilur Rahman’s Birth Certificate or voter list contain his date of birth, PW1 replied, It may be – later he said – it may be if necessary. I know that Khalilur Rahman had some cases regarding lands. I do not know whether he is convicted in a criminal case and that the conviction was confirmed by the Appellate Division of the Honourable Supreme Court and that he is absconding in that case. It is not correct that my house was looted and as such the question of Delwar Hossain Sayedee’s connection with such looting does not arise. On 7th May 1971 I have heard from the persons who were passing by my the road in front of my house that the Pakistani Occupying Force was coming to Parerhat. I had heard this from persons including Motahar Ali, Sharif, Altaf, Latif Hawlader, Vemor Ali Sorder. I cannot say wherefrom they had collected that information. The time of my getting this information was 7 in the morning (Approx). After getting this new, I went to Parerhat Rikshaw Stand at about 9.00 am. No one was with me at that time. I met Horolal Kormokar in the Rickshaw stand. Previously it was announced to public by mike in the Bazar in the name of Captain Ezaz to deposit firearms. This is why I presume that the person leading Pakistani Army Force on 7th May must be Captain Ezaz. I did not knew Captain Ezaz personally before that. When Pakistani force came to Parerhat the time was about 10.00 am. They set camp in Rajlokkhi School at about 11.30 am. I cannot remember now whether I knew any of the Rickshaw-pullers of the 26 Rickshaws by which the Pakistani force came. I have heard from Motahar Ali Mohri about the looting of 30/35 shops and houses. The time of hearing this was about 12/12.30 pm. The shops owners told that 22 sher gold and silvers were looted from the underground of Makhon Shah’s shop. I was not present at the time of looting Makhon Shaha’s shop. It was known to public from one person to another that Captain Ezaz named Parerhat as Sonarhat (Gold place). I have heard from public that the shop owners were big businessmen the looted goods were valued about Tk. 15,00,000/-. Modon Shaha’s house was looted at the beginning of June, I cannot remember the exact date. But Modon Shaha’s shop was not looted on 7th May. On the day of looting Modon Shaha’s shop I was coming to the marked by boat. I was not personally present at the time of looting and torching Selim Khan and Manik Poshari’s house. I have heard from the public about the news of looting of the shops of Tarok/Varok Shaha, Nogorbashi Shaha, Beni Madhob Shaha and later I have seen this (he meant the aftermath).

It is not correct that Bishabali was not sick. It is not correct that Bishabali was not tied with a coconut tree and was not beaten and was not shot & killed when he was tied with coconut tree. It is not correct that the Pakistani Occupying Force (POF) abducted Bishabali and was shot & killed in the side of Bolesshor river. It is not correct that Allama Delwar Hossain Sayedee was not present at the time of looting and blazing houses and shops of Bishabali, Anil Mondol, Chitto Ronjon Talukder, Johor Talukder, Sukabali with other 25/30 houses and shops and killing of Bishabali. It is not correct that Delwar Hossain Sayedee was not at all connected with the said incidents. It is not correct that Allama Delwar Hossain Sayedee was not connected with the looting of shops of Makhon Lal Shaha and Modon Shaha and destruction of houses and looting of shops of Nogorbashi Shaha, Tarok/Varok Shaha, Beni Madhob Shaha and other 30/35 shops in Parerhat Bazar and establishment of five fund with the looted gold from different shops of Parerhat and looted goods of Tk. 15,00,000/-. It is not correct that Allama Delwar Hossain Sayedee was not present in Parerhat at the time when the incidents in Parerhat in my testimony took place. It is not correct that Allama Delwar Hossain Sayedee was not at all connected with the looting and torching the houses of Manik Poshari and Selim Khan. It is not correct that Allama Delwar Hossain Sayedee was not even present in Parerhat or in any nearby place at the time of looting and torching of houses of Manik Poshari and Selim Khan. It is not correct that Allama Delwar Hossain Sayedee was not present in Parerhat or in any nearby place at the time of looting of my house and looting of Bishabali’s house and killing of Bishabali. It is not correct that my allegations implicating Allama Delwar Hossain Sayedee to the incidents in Parerhat, Chitholia, Badura, Tengrakhali, Umedpur and others are completely false allegations.

12.40 pm to 1.05 pm – Recess – 2.10 pm to 2.45 pm.

(MA wanted to ask a question to the PW1 to show that some of his present allegations were not made in his earlier FIR (First Information Report) in 2009 that he filed before the Pirojpur magistrate court. But the Tribunal members did not allow the Defence to question on the Previous Inconsistent Statement – Detail of these arguments can be found in the proceedings of 15.12.2011).

2.45 pm

PW1 take oath

Question – At the time of your testimony, the statements that you have made regarding starting from 1971 liberation war and to the time of formation of Rajakar force, were never made by you earlier before submitting this complaint case.

Answer – I cannot remember whether I made earlier in any other place the following statements that are made in my testimony:

“In 1971 March Bongo Bondhu (BB) gave speech that this is now struggle for liberation. We should all face the enemy with whatever available. After this speech the general people of BD who were setting liberation get ready for liberation war. On 25th March the Pakistani Occupying Force (POF) stated attack in the name of Operation Search light in every part of the whole country including Dhaka. They carried out killing, looting & arsoning and general people, supporter of liberation war and Hindu people. On the midnight of 25 March 1971 the POF arrested BB. Before he arrested BB told that from today BD is a liberated country. After that the peoples and students of BD and supported for liberation started for liberation war. Many went for war training to India. May took training in different parts in Gerila training and collected arms and ammunition locally. They resisted POF and carried out Gerila attack in whole BD and killed POF. The POF had to take help of Golam Azam, A k Yousuf of Khulna, Khan Bahadur Afjal in Pirojpur to build up auxiliary Force of the POF. It was peace committee. The member of Peace Committee people ordered the Jamat Islam leader and supported to participate in peace Committee to kill the supporters of liberation war. later on Sekandar Ali, Danesh Ali Molla, Moslem Uddin Maolana, Ajhar Ali Talukder, Delwar Hossain presently Sayedee, Abdul Karim, Habibur Rahman Munshi, Sobhan Mawlana, Hakim Kari and others formed Parerhat Peace Committee. This peace Committee was formed by Mawlana Moslem Uddin, Delwar Hossain Primly Saydee, Mohshin, Habibur Rahman Munshi, Momen Hawlader, Sobhan Mowlana, Hakim kari & other including students of many Madrasha & members of anti-liberation organization. They formed auxiliary Rajakar force for POF. Moslem Uddin Mawlana, Delwar Hossain presently Sayedee, Habibur Rahman Munshi, Mohshin, Momen Hawlader, Sobhan Howlader, Hakim Mir & many students of Madrasha including the anti-liberation organization formed Rajakar force.”

I cannot remember whether my the statement that “after the liberation war I and other freedom fighters recovered Modon Shaha’s looted shop and house from Delwar Hossain Sayedee’s father in law and returned it to Modon Shaha” was made in my complaint submitted before the Chief Investigation Officer.

I cannot remember whether the statement that I made in testimony that Sector Commander of 9th Sector Major Jiauddin Ahmed and A.K.M Awal engaged me in the duty as a spy was made in my complaint.

It is not true that the following statements in my testimony are not in my written complainant:

In different areas of the whole district I used to get information about these atrocities and supply to the Sundarban camp.”

It is not true that the following statements in my testimony are not in my written complainant:

“On 2nd June in the morning I was in my home. The witness Khalilur Rahman came to my house in early morning security informed me that you and the Awami league leaders and members in your house and listed by the peace Committee and Rajakars and DHS’s people will come to catch you.

I and the person who look shelter in my house were supporters of liberation war. I took them to shelter far away.”

It is not correct that my statement that “Bishabali was caught as he was sick” is not in my complaint.

It is not true that the following statements in my testimony are not in my complainant:

I secretly came to the nearby road bush with others and took Position. But when they shot fire, among us Mahtab, Altaf, Latif Hawlader and others ran away from that place and took position in a place far away.”

I cannot remember whether the following statements made in my testimony are made in my compliant:

The presents Government decided before the last election that they would try the War criminals. The people of this country wanted trial of war criminals. That’s why they voted for this government.”

The following statements that I made in my testimony are also made in my complaint, but are not said earlier to my complaint:

“Makhon Shaha was big business of Parerhat Bazar and his shop was also looted. It was 22 sher gold and silver that captain Ejaj look by himself. Captain Ejaj named Parerhat as Sonar Parer hat finding such a huge quantity of Gold in one shop.”

My following statements are never made by me earlier to my present complaint:

“When DHS was studying in Alim class in Sharshina Madrasha he was restricted from the Madrasha after getting poof that he was connected with Jamat politics.”

I did not say the following statements earlier to writing to writing the complaint of the present case:

“On 07 march in the morning I was at home and heard from people that POF was coming to Parerhat and the members of Parerhat peace Committee were waiting in Parerhat Rickshaw stand to welcome them. I went to Parerhat Rickshaw stand and secretly following that the members of Parerhat peace Committee were standing. Few times later 52 POF came to Parerhat by 26 Rickshaws stand and Captain Ezaz ordered for looting.”

It is not correct that among the statement that I made in my testimony “Latter on I came to know that 30/35 shops & houses were looted and distributed under the control of Mr. Sayedee.” the part “distributed under the control of Mr. Sayedee” are not in my complaint.

I have informed Major Ziauddin of the main incidents/allegations of the complaint. I cannot remember whether I have heard the name of ‘Tetulbunia’ or ‘Tetulbaria’ during the liberation war. I did not include Captain Ezaz as an accused in my complaint. It is not correct that Delwar Hossen Sayedee formed Rajakar Force and Peace Committee with others.

It is not correct that my statements in the testimony that “on 7th March morning I was at home, after getting information from other people I cam to Parerhat, 52 Pakistani Occupying force member came there by 26 rickshaws, Delwar Hossain Sayedee and others were standing there to welcome them, Delwar Hossain Sayeede’s talking with them and showing them the houses of the Awami League members who were supporters of liberation and the Hindu community by pointing finger” are false.

It is not correct that my statements in the testimony that “after looting the goods Delwar Hossain Sayedee used to sell them by himself and increased them with other looted goods. Delwar Hossain Sayedee used these wealths to build up multi-storied houses and wealth in Khulna and Dhaka” are false.

It is not correct that my allegations on oath before this tribunal against Allama Delwar Hossain Sayeedee are the biggest lie of the century.

Defence Counsel Mizanul Islam to complete the cross-examination of PW1 –

PW1 –

I did not mention the names of the persons that I stated in my testimony to have taken shelter in my house or names of any other persons as witnesses in my complaint. I think ‘operation searchlight’ means sudden attack. It is not correct that I was trained to give evidence in this case under supervision of the government. It is not correct that before beginning of war in 1971 to the mid of July Delwar Hossain Sayedee was not staying in Parerhat or any places of Pirojpur. It is not correct that from the middle of July 1971 to a long time after the liberation he lived in his own area in Pirojpur. It is not correct that in 2003 I was President or convener of Nationalist Freedom Fighter Party of Zianagar Upozila. It is not correct that since a list of fake freedom fighter has been prepared, I wanted to maintain my name in the list of freedom fighter and as such I filed this false case against Allama Delwar Hossain and gave false testimony in this case as per direction of the Present Government and its local MP Mr. M. A. Awal to continue receiving favour/facilities. It is not correct that due to filing this case I continue receiving allowance as freedom fighter. I receive allowances as freedom fighter and have been receiving other facilities from the government.

Cross Examination of PW1 finished.

Proceedings of Final Day of Defence’s Cross Examination on Prosecution Witness No.1

18 Dec

ICT-BD.Dhaka. Case No 01 of 2011

Chief Prosecutor

Versus

Allama Delwar Hossain Sayedee

Date: 15th December, 2011. Thursday, 10:30 am

Sub:    Recording of Evidence (Cross examination of PW 1 finished)

(The conversations are not accurate and cannot be quoted. These are brief summary of the conversations)

The Accused was produced before the Tribunal at 10.30 am. The Tribunal members, including the Chairman took their seats at 10.37 am.

 

10: 37 am

TI (Tajul Islam-Defense Counsel) – yesterday we wanted to question Prosecution Witness (PW1) about the 62000 fake free fighters that the Tribunal did not allow to ask. We thereafter filed a short application to allow the defence counsel to ask this question to the PW-1. We have not yet received any order on that application.

Member Justice Fazle Kabir (FK) – there is no need to pass any written order on that application. We have orally rejected your application.

TI – we are entitled to get a written order.

FK – you will not get any written order.

10.40 am

PW1 took oath for cross examination.

Cross examination taken by Defense Counsel Mr. Monjur Ahmed Ansari (MA).

12.40 pm

MA wanted to ask a question to the PW1 to show that some of his present allegations were not made against Saydee in his earlier FIR (First Information Report) in 2009 that he filed before the Pirojpur magistrate court which arises out of the murder of the same victim.

Haider Ali (HA) for the Prosecutor objected – the Defence cannot ask question on the FIR since it is not exhibited.

Chairman (Ch) – to MA – you cannot ask question on FIR of 2009.

MA – But I need to show the contradiction between his present statement and the previous FIR filed by him in 2009.

Ch – FIR is not a statement of PW1. It was a mere application before the Magistrate court. That FIR has not been exhibited before this Tribunal. An application cannot be subject matter for cross examination. It does not fall under the category of Previous Inconsistent Statement (PIS).

Mijanul Islam (MI) – another Defence Counsel – It is our right to show the contradiction between his present statement and previous statement.

Ch – You can only ask question on the contradictions with the statements made before this Tribunal. Moreover the FIR is not before this tribunal.

MI – We have filed this FIR as defence document. PW1 is maker of the statement in the FIR. We have the right to question on the contradiction. The PW1 has stated about this FIR in his complaint petition before this tribunal. Moreover at the time of his examination in chief he also made statement about this FIR. We will be seriously prejudiced if you do not allow us to ask question on the FIR. We should be allowed to put the contradictions in the FIR and his present complaint to the PW1.

Ch – a previous statement can only used as PIC if that is made before an authority.

MI – PW1 made the statements in the FIR as a complaint before the Magistrate of Pirojpur. The magistrate later on directed the relevant police station to treat this complaint as an FIR. So this statement was made to a competent authority.

Ch – the allegations in the FIR is regarding War crime and the magistrate is not competent authority receive such complaint. This tribunal and its investigation agency are the only authority to receive such complaint.

MI – but when the FIR was lodged there was no War Crime Tribunal.

Ch – we cannot consider the allegation in the FIR as ‘statement’. It was a mere application.

HA (prosecutor) – any previous statements that is made before this tribunal can be used to show contradiction. This tribunal is to run by its own rules and regulation. There is no provision in the Act or the Rules of Procedure to allow this types of statements (he meant the FIR) to show contradiction. He read out section 19(1) of the Act and argued that a statement made before a Magistrate under this provision may be used to show contradiction. Since the FIR was not lodged before competent authority it cannot be used to show contradiction.

MI – section 19(1) has no relevance in the present issue. Prosecution’s argument on this section is totally misconceived. Our present purpose is to put his earlier version to him to show contradiction from his present account.

Ch – section 19(1) may not be relevant. But you should see Rule 24(1)- (read out) – you can only take contradiction with the previous statement made before this Tribunal or to the Investigation Officer.

Member Judge Jahir Ahmed (JA) – I think we are missing a point here. The term should not be ‘contradiction’. The defence wanted to show that the PW 1 made some statement in the present which was never made by him earlier. MI you should think on this matter and we will discuss this after recess.

1.05 pm – Adjourned for recess.

 

2.10 pm – proceeding commenced after recess:

MI – before the recess the objection on PIS was made by the prosecution.

FK – no it is our objection, not from the prosecution.

MI – before filing any complaint the PW1 lodged this FIR in 2009 against the Accused. PW1 in his complaint before this tribunal and at the time of examination in chief has already mentioned about this FIR. We have now every right to question him on contradictions between his present complaint and the previous FIR. The prosecution and the tribunal referred section 19(1) of the Act and section 24 of the Rules of procedure to argue that the we cannot question on the FIR. But none of these provisions are relevant in the present issue. In our regular courts we are always allowed to ask question on any previous inconsistent statement made by the accused.

Ch – We have to forget and wash our brain about Cr. P.C (Code of Criminal Procedure) and Evidence Act. These are not applicable in the present proceeding. We are governed by our rules and procedure. There is no provision in our Rules to allow asking question on PIS which was not made before the Tribunal.

MI – Rule 24(1) – (read out) – not applicable

    Rule – 54, 56 – (read out) – relevant for this issue – the tribunal has wide power to consider this FIR as Primary, secondary, direct or circumstantial evidence. There is no restriction or bar in the Act or the Rules to not to allow question on a PIS.

    The Act and the Rules provides that the Tribunal should ensure fair justice. We are only here to assist the tribunal to do justice. PW1 has already said during his deposition and admitted in cross-examination about the FIR. It is also referred in the Complaint that the PW1 made before this Tribunal. The PW1 has admitted this. This FIR is certainly a document and there are contradictory statement between the FIR and his present complaint and testimony. The investigation officer of that FIR is also a Prosecution Witness in this case. For the fairness of this trial we should be allowed to ask question to the PW1 on this FIR to show contradiction. PW1 is maker of the statement and no one else can give evidence on this FIR. If we are not allowed to ask question on this FIR then how we can show contradiction of the statements of the PW1. This tribunal is to ensure justice. If we are not allowed to ask question to PW1 on this FIR we will be seriously prejudiced. It will stop the tribunal to find out truth.

HA – (prosecution) I want to show what can be used as evidence before this tribunal –

    Rules 2(9), 51, 56(3) of the Rules of Procedure – (read out)

    Rule 44 – (read out) – the FIR is not included as a document in the Rule 44.

    Section 19 – (read out)

    Fair trail means to act in accordance to law and our laws of the Tribunal doest not provide any provision allowing to ask question on a document which was not made before this tribunal.

    The Defence may bring this FIR through their own witness and it can be exhibited at that time. But before that they cannot ask any question on the FIR.

    This tribunal may consider this FIR as a matter of common knowledge and there is no need to ask question on that.

JA – MI you are talking about cross-examination, not about evidence. The PW1 has already said in cross-examination that he has corrected some of his mistakes on his previous statements. In this case why you need to cross him on the statement which he himself has said to have corrected in the present case. You can ask question to the Investigation Officer under Rules 40 and 55 about this FIR. The Investigator officer of that particular FIR is also a Prosecution witnesses. You may ask question to that IO also. Why you need to ask question to this PW1 about this FIR.

MI – It is not correct that the PW1 has said that he has corrected his Statement in the present complaint. He never said that he corrected the whole FIR. He merely said that he has corrected the name of the Accused in the present Complaint.

    If you are allowing us to question to the Investigation Officers about this FIR then why not to the person who made the statements in the FIR, i.e. PW1. We have every right to question him on his PIS. Read out Rule 53(2) and Section 10(h) – and argued – why I cannot question this PW1 about the FIR since he is maker of the FIR.

    This tribunal is to find out the truth and do justice.

Ch – we cannot go beyond law. Our law does not provide to allow you to ask question on FIR which is not made before the Tribunal. If you want you may bring this FIR to the knowledge through your own witnesses.

MI – But there is no prohibition in the Act or the Rules in this regard. These types of small matter need not be expressed in the law. For the ends of justice we should be allowed to ask question on this FIR to show contradiction in the PW1’s statements.

JA – if your purpose is to show that the PW1 has said something in the present case which was not said in the FIR, you may rephrase the question by asking whether those statements were made in any early occasion without referring to the FIR.

MI – but PW1 has already said about this FIR in his deposition. So we are entitled to ask question on this FIR.

Ch – you are wasting our time.

MI – Please pass a written order.

Ch – you have to file a written application for a written order.

2.45 pm

PW1 cross examination resumed.

3.05 pm

MA asked a question on the Complaint of the PW1 which is already exhibited.

HA (prosecution) – objected – Defence cannot ask on the exhibited document. It is already exhibited and proved and the defence cannot cross on its contents.

Ch – no we have already said that they can ask question on any exhibited document.

3.45 pm

Ch – you have to finish it today. You cannot make such a long cross examination. It is too much to cross this PW1 for five days. There are time limits on cross examination in other international tribunal. We may put this type of restriction.

TI – but you have said that this is domestic tribunal and you would not follow the other international tribunal. You cannot only consider those rules of other tribunals which are detrimental for the defence.

MA – We will finish today. I have only few question to ask. Then MA have some final questions to put the defence case to PW1.

Ch – we cannot allow you that much time. We have a program to attend and we must finish in few minutes. This witness will not continue for another day.

MA and MI – we will finish it today.

3.55 pm

MI started to ask final questions.

HA – objected. No further question should be allowed.

Ch was very angry to defence and despite that he allowed defence to ask a few last questions.

4.00 pm

MA asked a question to PW1 that from beginning of 1971 to middle of July 1971 the Accused was not in Pirojpur. The PW1 replied – he was not. The Prosecutor shouted and said that he was there. Then the PW1 corrected and said that the accused was in Pirojpur during that period. Defence counsel made strong objection and prayed to the Tribunal to record the first statement of the PW1 or to record both. But the Tribunal recorded the corrected answer of the PW1.

4.02 pm

Cross examination of PW1 finished.

Adjourned for Sunday

Deposition of Witnesses- (Both Examination in Chief and Cross Examination) Coming Soon!!

14 Dec

Proceedings of Tribunal-3rd Day of Deposition (Cross Examination of Prosecution Witness No.1)

14 Dec

ICT-BD.Dhaka. Case No 01 of 2011

Chief Prosecutor

Versus

Allama Delwar Hossain Sayedee

Date: 12th December, 2011. Sunday.10:30 am

Sub: Recording of Evidences.

(The conversations are not accurate and cannot be quoted. These are brief summary of the conversations)

 

The Accused was produced before the Tribunal at 10.25. The Tribunal members, including the Chairman took their seats at 10.48 am.

Item No 1 was Nizami & others

Item No. 2 was on Sayedee

Item No. 2

11: 00 am

Mr.Tajul Islam (TI)- objected the presence of Investigation Officer (IO) at the time of recording the evidence of PW1. IO is a prosecution witness and he cannot stay at the time of recording of evidence of other prosecution witnesses. We cannot take statements of any witness freely if he is available here.

Chairman (Ch) – As per Provision of Law (Rule 18(2)(b)) he can stay. We are bound by law.

Then one of the Defense Counsel Mr. Mizanul Islam( MI) started to cross examine the PW 1.

12.22 pm

Then the Defense Counsel wanted to exhibit the Application which was submitted by PW-1 to the Prime minister for house loan. The prosecution team objected that the Defense cannot show such a document without giving us a copy of such.

12: 25 PM

The Chaiman adjourned the matter till next day for the last time. He directed the defence to submit all the papers and documents that may be relevant to cross examine PW1 and PW2 by 3.30 pm of today.


 

Proceedings of 2nd Day of Deposition of Prosecution Witness No.2

14 Dec

ICT-BD.Dhaka. Case No 01 of 2011

Chief Prosecutor

Versus

Allama Delwar Hossain Sayedee

Date: 8th December, 2011. Thursday.10:30 am

Sub: Recording of Evidences.

(The conversations are not accurate and cannot be quoted. These are brief summary of the conversations)

 

The Accused was produced before the Tribunal at 10.38. The Tribunal members, including the Chairman took their seats at 10.40 am.

10:40 am

At the very beginning of the day’s proceedings Mr. Tanvir Ahmed Al amin (TAA) submits that the Accused is a Diabetic patient so he need to take food time to time even in the doc.

Charirman (CH)- yes he can take food, but at your own risk.

TAA- much obliges.

The Chairman (Ch) called up the List of the day.

 

10:41am

Prosecution Witness No.2 (PW 2), Mr. Ruhul Amin Nobin (RA) took Oath again. He continues his examination in chief. There was no question from the Prosecution. His statements appeared that he was reading out the statement.

 

At about 11.10 am when PW2 was telling the names of the person who were converted from Hindu to Muslim during the liberation the prosecution lawyer dictated some missed out names to the PW2.

TAA objected for leading question.

Ch – it is not leading question. It is just linking him to the next event. Leading question is not allowed. But linking is allowed(!?!)[Bloggers Comment:is there any deference between leading an linking?].

TAA – continued objection as names of some victims were not told by the PW2 while it was recorded.

Ch – directed the typing officer to delete that name.

 

12:14 pm

Ch- to Prosecutor Hyder Ali (HA) What do you suggest shall we Complete this PW and then call other PW’s for chief?

H/A- NO.

Judge Jahir (JA)- Consult with Defense counsle Mijanul Islam (MI).

MI – We have no objection if you want to hear examination in chief of other PW’s. But the normal practice is to finish chief and cross together for every witness.

Then the Tribunal adjourned till Sunday.

Proceedings of Tribunal on the First Day of Deposition (Examination in Chief of Prosecution Witness No.1)

14 Dec

ICT-BD Case No 01 of 2011

Chief Prosecutor

Versus

Allama Delwar Hossain Sayedee

Date: 07th December, 2011. Wednedsday.10:30 am

(The conversations are not accurate and cannot be quoted. These are brief summary of the conversations)

The Accused was produced before the Tribunal at 10.35 am. The Tribunal took their seat at 10.38 am.

10.38 am

The Tribunal member took their sits.

Prosecutor Haider Ali (HA) – My lord the prosecution is filing Hazira (appearance) of six prosecution witnesses.

Chairman (Ch) – Ok. Call up the list.

Bench Officer – called the case for recording of witnesses.

Defence Lawyer Tajul Islam (TI) – My lords we have three applications.

Ch – OK your application – Place your first application regarding Exculpatory Materials. But you cannot read out the application – place your oral submissions.

TI – I need to place all my submissions in the application and as such I will need to go through the application.

Ch – no you will have to contain oral argument.

10.41 am – Application for Exculpatory Materials.

TI made oral submission and went through some part of the Application.

10.58 am

Ch – your next application.

Application for disclosure of Seizure list documents and Investigation report

TI made oral submission and went through some part of the Application. When TI wanted to go though the list of 41 seizure list documents but Ch objected.

Ch – you do not need to go through the list – we got your list.

TI – I have to substantiate my application and need to show which of the documents are not submitted by the Prosecution.

Ch – If the prosecution did not give those documents then they cannot rely on them. If these are given during the trial then you will be given a copy at that time.

TI – the Accused is entitled to get those documents before the trial. Why can’t we get these documents at this stage? How can we prepare our defence without these documents?

TI went through the list of documents.

Member Justice Jahir Ahmed (JA) – prosecution you should take note of the list of the documents as stated by TI.

TI – We must get these documents before trial. We cannot prepare the defence without these documents. The trial cannot start before that.

One of the prosecutor Jiad Al Malum shouted from the prosecution side and said that the defence should behave themselves.

Ch became very angry to TI – you cannot say that ‘the trial cannot start without your getting documents’. You can at best say that the defence will be prejudiced. You cannot say that the Trial cannot start.

The prosecution bench was shouting to support Ch.

TI – towards the prosecution (very loudly) you should not interfere at the time of my submission.

JA got also angry to TI – why you shouted in this tribunal. Do you know that in Milesovic Trial he only said two words without permission and he was ousted from the Court room.

TI – I had to shout to stop the prosecution since you did not give me protection from what Prosecution’s aggressive behaviour towards me.

JA towards Prosecution – we warned you repeatedly to stop side talk, but you do not listen to us.

HA – my lord we apologize for that.

TI – my lord I also apologize for shouting.

11.16 am

Application for adjournment –

TI made oral submission and went through some part of the Application.

JA – the list of sizure list documents in your earlier application does not involve Sayedee. Why you need them?

TI – we do not know the contents of those documents – how we can be sure that they cannot be used against me. Moreover these documents may include exculpatory materials. According to rule 18 we are entitled to get these documents before commencement of trial and for preparation of defence.

TI continued the adjournment application and informed the Tribunal that how the defence team was harrassed during the Pirojpur visit for PO visit.

11.27 am – Reply of the Prosecution

H/A – There is no law to file the first two application at this stage. So the applications are not maintainable in law. After our serving these documents the defence filed application for ineligible documents. At that time this tribunal asked us to provide those documents. We provided clear copies of those documents. So the matter of serving document is already decided. There is no further scope to file the first two applications.

HA – the seizure list documents are seized materials and we are not supposed to give seized materials at this stage. The law does not allow them. These applications are only to delay the proceeding of the case.

HA – with regard to the adjournment application – defence lawyer are now saying that they did not get protection in Pirojpur. But we have information that the defence lawyers went to our prosecution witness and threatened them. They went their will procession of thousands people and had political meeting. We have information that the concerned person has filed a general diary in the relevant Police Station in Pirojpur against the defence counsels and we are considering filing application in this regard to the Tribunal. This matter should be referred to the Bar Council.

HA – all the Applications are illegal and must be rejected. The defence referred some decisions in their application. But this may not be relevant as we did not get chance to check them.

Ch – can we pass direction upon the law enforcing agencies for protection of the Defence counsel?

HA – the Defence Counsel can apply to the relevant authority and there is no provision under which the Tribunal can pass such an order.

11.45 am – TI’s Reply

TI – the prosecution is making false allegation of threat to PW agaisnt defence lawyer. We are in fear that they may file false case against the defence counsel. The Defence counsel should be allowed to work fearlessly. We are here to assist the tribunal. We need protection from Tribunal.

TI – we are entitled to get the exculpatory evidence, seizure list documents and the Investigation Report. TI read out rules 18, 29, 35 and argued that since these documents are considered by the tribunal at the time of taking cognizance, framing of charge and will be used during trial against the Accused Petitioner, he is entitled to these papers and documents for preparation of defence.

TI – We must visit the places of occurrences to be able to cross the PWs. So the matter should be adjourned and the defence counsel should be allowed to visit the places with police protection.

11.55 am – Order of the Tribunal: (Chairman)

The Defence filed three applications.

  1. Disclosure for exculpatory materials;
  2. Disclosure of seizure list documents and Investigation Reprot;
  3. Application praying 3 relieves –
    1. Protection of Defence team for Pirojpur Visit
    2. Adjournment
    3. Fixing another date for submitting list of defence witnesses and documents

We have heard TI and HA and parused the application, rules and the Act. We have repeatedly said that this tribunal must follow the Act. Section 9 (3) provides “—-entire section—-“. Section 16(2) of the Act provides “—–entire section——“.

 

Upon perusal of the sections of the Act it is clear that what document is to be supplied and how long time the defence will get for preparation of defence. We found that the prosecution did submit all the documents and the Accused could not make out a case for the first two applications and as such they stand rejected.

For the 3rd application it was stated that the defence counsel did not get protection from proper authority during their Pirojpur visit. All the citizens of the country are entitled to get protection. The Superintendent of Police upon the prayer is to decide what protection to be given. Regarding the prayer for time to submit list of defence witnesses and documents though they were given sufficient time for that but they failed submit that until now. We allow some more time to the accused to submit the witness list and documents within one week on 14th December 2011 as last chance.

Call the prosecution witnesses.

TI – since this Tribunal allowed one week for defence to submit documents and witness list the PW recording should start from that day. We still do not know the mode of recording.

Ch – the Prosecution Witness (PW) should start now. Regarding mode of recording you can see that there are monitor in defence and prosecution table and near the judges. The testimoney will be typed by court officer and that will appear in those screens. You may object for incorrect recording. We are trying to audio record the depositions but the facilities are not prepared today. We hope that it can be prepared tomorrow. For the purpose of witness protection the PW will only say their name and will not disclose their father’s name and address.

TI – we should get type copy of the Statements at the end of each day.

Ch – you should make application for certified copies at the end of each day and will get it hand to hand.

12.10 pm – PW-1 Mahbub Alam Hawlader entered the witness doc.

Chair was arranged for him.

12.14 pm

PW-1 took oath

Prosecution S. Rahman (SR) took the chief (Please see the attached file)

1.10 pm the proceeding was adjourned for lunch until 2.00 pm.

 

2.05 pm – Proceeding restarted

HA – there are three people in the court room namely (1) Naser Mollik (one possible defence witness and Sayedee’s nephew), (2) Mr. Saleh (Sayedee’s Nephew), (3) Mostofa Sayedee (Sayedee’s younger brother). Our PW’s are in fear to talk in front of these persons. They should be removed from the court room.

Ch – called those three persons who stood up. Do you have permission to enter the tribunal.

3 persons – yes we got entry pass from the office of the tribunal.

Ch called the Deputy registrar to check that who replied that he had no knowledge about how and who issue entry pass.

Ch – the PWs are in fear to talk in front of you. Can you all 3 please leave the court room.

3 person left the court room.

Sayedee – I want to talk something. These are my relatives. Why they cannot stay during the court proceeding.

Ch – PWs are in fear of them.

Sayedee – if PW’s are telling the truth then why should be fear of anybody.

2.15 pm – PW-1 entered the doc and continued until 3.30 pm. (his statements are attached)

3.30 pm

Examination in chief ended and defence was asked to cross.

TI – Since we have no knowledge of the places of occurrences as stated by this PW we are not in a position to cross him. The proceeding may adjourn for today and we should be allowed police protection during this weak end on Friday and Saturday for visit of Places of occurrences and we may cross this PW on Sunday.

Ch after discussing with his members – we may allow you for cross of this PW on Sunday. But we will have to start examination in chief of PW-2 now. We cannot sit ideal for rest of the day and tomorrow.

HA – the defence should be asked to Cross this witness now.

Ch – can we take examination in chief of PW-2 and continue for tomorrow. We can take the chief of PW-3 tomorrow and allow the defence to cross them on Sunday.

HA – OK.

Ch – Call PW-2

3.40 pm – PW-2 Ruhul Amin Nobin entered the doc

PW-2 took oath. (his examination in chief will be given later on)

3.55pm

The proceeding Adjourn for tomorrow.

TI – We need type copy of today’s recording. Here is our application.

Ch – you can get it tomorrow.

TI – but you said that we would get that at the end of the day.

Ch – today is first day of recording of witnesses and so take it tomorrow.

TI – but we need them today.

Ch – don’t worry, you will get it tomorrow.

TI – Can you please pass a formal order regarding protection of the prosecution witnesses.

Ch – Ok we will pass this.