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

07.12.2011 – Wednesday – 3.40 pm Examination in Chief of Prosecution Witness No.2

My name is Ruhul Amin Nobin, My age’s 61, Religion- Islam, Occupation- Business

Prosecution – tell the Court what you know.

PW-2 – At the time of war in 1971 my age was 21 years. I am a freedom fighter. In 1970’s National Assembly Bangladesh Awami League got majority. The Pakistani Govt. did not handover power to the elected representation. As a result the liberation war started. On 25th March 1971 the Pakistani Government started countrywide killing all are on the general people of this country including the innocent students of Dhaka University and other innocent people in the name of Operation Search Light. They buried them in mass grave. In the mean time the Father of Nation Bongo Bondhu declared liberation and due to that the freedom hungry student, people, farmer, labor general people formed Freedom Force to protect from the mass killing of brutal POF and for liberation of general people. The FF started carrying out attacks on POF through out the country. Finding no other option and becoming puzzle, the POF arranged some collaborates member of Jamat Islami and formed peace committee, Rajakar force, Albadar Force (To be Continued)

08.12.2011 – Thursday – 10.40 am

This Rajaker force fully supported and helped Pakisthani occupying force (POF) and killed foredoom hungry people, Awami League (AL) ladders, freedom fighters, Hindu community and Innocent people.

On 7th April of 1971 Professor Golam Azam, Amir of Jamat e Islami of East Pakistan, addressed in a meeting of Jamat e Islami members and asked to form Peace Committee to vanish freedom fighters. The Khulna Jamat e Islami leader, central Jamat e Islami leader, chairman of Khulna Jamat e Islami Mowlana A.K.M Yousuf address the Jamat meeting to form Rajaker force and Peace committee through out the country.

Mr. A.K.M Yousuf from Rajaker force in Khulna. Jamat e Islami Ameer (Chairman) Professor Golam Azam, as per order of Jamat e Islami central leader and Khulna peace committee chairman A.K.M Yousuf form Pirojpur sub-divisional peace committee with Danesh Ali Mollah (late), Sekander Ali Sikder (late), Mowlana Mosleh Uddin and the then Delwar Hossain Sikder, currently Delwar Hossain Sayedee formed peace committee in Parerhat.

Although Danish Molla and Sekander Sikder were formally the leader, Delwar Hossain Sayeedee being fluent in Urdu effectively maintained all communication with the Pakistani occupying forces. As such they could establish good relation with occupying forces.

Since the POF didn’t understand Bangla language and this person were fluent in Urdu, they could provide all the information to the POF. Sekander Ali Sikder, Danesh Ali Mollah, Mawlana Moslem Uddin, DHS, lead the JI members of Parerhat. Madrasha students, members of student organization and other anti-liberation forces to destroy the freedom hungry people to kill the FF and to help POF formed an Auxiliary force or Rajaker force. Like other part of BD, in Pirojpur the brutal POF came to fully destroy the freedom hungry people of Pirojpur on 3rd May 1971.

After their coming to Pirojpur they firs meet the members of Peace committee. The members of Peace committee informed the members of “Sangram committee” (struggle force) Awami League (AL) members, Hindu community and FF to POF. On 7th May 1971 the Parerhat Peace committee members Sekander Ali Shikder, Mowlana Moslem Uddin, DHS and some other Peace committee members came and waited to the north side of Parerhat Bazar to welcome the POF in Rikshaw stand. About 52 soldiers of POF came to Parerhat by 26 Rikshaw from Pirojpur. Captain Ejaj was leader of this troop. The aforementioned members of Peace Committee took the POF to the Parerhat Bazar. Danesh Ali Mollah, Sekander Sikder, DHS, Mowlana Moslem Uddin and other Rajakers indentified to the POF housed and shops of AL people and Hindus. They accompanied with the POF Captain Ejaj and the Captain Said ‘Le-Lao’ i.e take it. Immediately Peace committee members and the Rajakers started looting those identified houses and shops of Hindu people. At one stage of looting they found 22 shers (1 sher = nearly 1 kg.) gold and silver from the shop of the then big biasness man of Parerhat Bondor Makhon Shaha. The POF took away those golds the silvers.

On the same day they looted 30/35 houses. In search of same golds they dug holes in the floor of those shops. After looting these shops the POF set a camp in Parerhat Rajlakshmi High School. Before this, the Rajaker force and the Peace committee set Rajaker camp in the building of Fakir Dash. On the next day i.e. on 8th May 1971, the POF, Rajaker Force and Peace committee members went and looted the house of the then reach person Roijuddin Poshari, Helal Uddin Poshari, Soijuddin Poshari and Manik Poshari house including others total 7/8 house in east side of Parerhat Bazar. After looting they destroyed those housed.

In middle of June 1971 I came to Parerhat Bazar by boat to purchase goods (food) for FF. That day was Thursday as it was the weakly market (Hat) day. After that I took possession near Masum store and observed the situation. This was about 10.30-11.00 am. After some time I could see that the then Delwar Hossain Sikder now Sayedee was stepping up from north side to south side wearing Panjabi and Lungi. In one side holding a dhewtin (a shit of tin) in left hand and had a big container holding bronze plate, Glass, Bati and Jar was running towards the five fund’s shop. At that Place Moulovi Nurul Haqe was going beside him. I told him that see that Delwar was going with looted goods. Then I was in control of the FF force of my area and I was carrying a fire arms named Revolver. I became angry said Nurul Haq Mouluvi that I will shoot these Looters. Nurul Haq Mouluvi stopped me from doing that and said that if you cause trouble at this time then the POF will destroy the remaining houses in Parerhat and will carry out mass killing indiscriminately. At that time I walked towards the north side of Parerhat Bazar and took possession and came to know from local people that Modon Shaha’s house was looted. After some time Delwar Hossain Sayedee came near to Modon Shaha’s house’s with wood carpenter Tayub Ali and started breaking the Modon Shaha’s house. Then the broken house was carried out to the other side of the river by boat to Sayedee’s father in law’s house Yunus Ali Munshi. The five fund shop in Parerhat Bazar was stab list in the Nagor Bashi Shaha’s shop. After forcefully taking away the goods Mowlana Moslem Uddin, DHS and some other were in change of that shop. Delwar Hossain Sikder was in control of that shop. Since all looted goods could not be accommodated in that five fund’s shop, they used Mowlana Nasim’s father, Sultan’s home as store house.

With the help of the Peace Committee and the Rajaker, the POF raped Chobi Roy, Vanu Shaha- daughter of Bipod Shaha and others. This Peace Committee members carried out looting, Damage, Rape and they also forcefully Converged Noni Shaha, Makhon Shaha, Dr. Gonesh Chandra Roy, Dr. Satish Chandra Roy, Sudhir Chadara Roy, Gourango, Ajit (the defense counsel objected that the prosecutor was reminding the names of victims then the chairman deleted Ajit’s name) and 50/60 other Hindus to Muslims. This Hindus were forced to pray in Mosque and they were thought some verses (of the Quran) and given prayer instruments like prayer mate Tazbiz (a kind of garland used in counting). Some of them flew to India. Those who remained in Parerhat Bondor returned to their original Hindu Religion after 1971.

The Rape victim of POF Chobi Roy and Vanu Shaha flew to India. Like this the anti liberation force of this country, Rajakar, Albadors, Al-Shams carried out one after another crimes. On 21st June 1971 I went to India with may Co-FF for higher Arms training and the different forms of war and to learn Gurilla war. After completion of training in India I returned and participated in war with my other Co-FF in different pat of the country. After the libration war on 18 December 1971 I, as a commander, with my other Co-FF came to Parerhat Bazar. At that time hundred of freedom hungry people welcomed us and descried us the terrible torture, arson, looting, killing of general people by the POF Peace committee and Rajaker force. We FF took possession in Fakirdash Buildings Rajaker camp and started capturing the local criminals and searching the local area. Some of them war captured. But Danesh Ali Milla, Delwar Hossain Sikder could not be arrested. Latter on we come to know that they left the area. We FF searched the houses of looters and recovered the looted goods. We retuned the looted goods to the original owners of those goods after identifying them. We, FF recovered that house from Mr. Sayedees father in law’s house. In 1986 while DHS was going to arranged Religious meeting by their party members in Parerhat Bazar, then the local JI leader Mokarrom Hossain Kari and other people came to my house and told me that Mr. Sayedee would give Sermon in Parerhat. I told them that we will not allow the Religious gathering for any political statement. They assured me that there will be no political statement in the meeting. During the liberation war in 1971 those Peace committee members and Rajakers who looted, killed innocent people, FFs, Raped women, I, as a freedom fighter seek Justices for the trials of those criminals.

12:01 pm

H/A- Is the DHS present in the court?

PW-2: Yes, he is in dock.

PW-2: drew attention of the Tribunal and wanted to add “Vanu Shaha was regularly rapped by the POF for months after months”.

Cross Examination by Defense Counsels

Defense counsel Mr. Mizanul Islam (MI) asked who was Major Ziauddin Ahmed, Second in command Samsul Alam Talukder, Captain Shahjan Omar and Kamal Uddin Ahmed?

PW-2: Major Ziauddin Ahmed was our Sub-sector commander. Advocate Shamsul Haq was his second in command. My brother Kamal Uddin Ahmed was not in command. He was under my command. Captain Shahjan Omar was in Charge freedom fighters of Rajapur of Jhalokhati District.

MI- Who was Shamsul Alam Talukder?

PW-2: Shamsul Alam Talukder was second in command of Major Zia. He is known as Advocate Shamsul Haq. Shamsul Alam Talukder and Shamsul Haq are same person.

PW 2 Ruhul Amin Nobin’s Cross Examination (2nd day)

19- 12-2011. Monday. 11: 10 am

Took Oath again.

Cross starts. Cross examination by Kofil Uddin.

I didn’t read Major Zia Uddin’s book on liberation War “Muktizuddhe Sundor Boner sei unmattal dinguli”. It is not true that I am hiding truth as the book contains True picture of Sudorbon and Pirojpur region during the liberation war. It is not true that I have read the Book and since it does not refer my name as well as the incidents I have said so I am claiming that I did not read the book. This year I have contested but defeated for the Post of Deputy commander in the election of “Pirojpur Zilla Mukti zoddha Command” (Pirojpur District Freedom fighters Command). There are about 2,200 Freedom fighter members under Pirojpur Zilla Muktizoddha Songsad (pirojpur District Freedom Fighters Songsad). I cannot say the names and numbers of the commanders those who were Pirojpur District Freedom Fighters Commander before our election. I can say some names of them. Before last election Freedom Fighters Commander was Gooutom Chowdhury. Before him Jamalul Haque Monu was the Freedom Fighter Commander. Before him Dr. Nurul Haque and Sahidul Haque Chan were commanders. Zianogor Upozilla Freedom Fighters Command was formed in the Begum Khaleda Zia’ regime but I cannot remember whether it was in 1991 or 2001. At that time Mr. Delwar Hossain Sayedee was an MP. I am a Voter of Zianogor Upozilla Freedom Fighters Command. In the last election of Zianogor Upozilla Freedom Fighters Command the rival of Mr. Mhabubul Alam was Hanif Bangalee. There were about 96 voters in last election of Zianogor Upozilla Freedom Fighters Command. The number of Voters and members are same.

In the middle of June 1971 I went to Parerhat Bondor for shopping grocery items for Bogi and Shoron Khola Units. It takes 3/4 hours to go to Bogi from my area in downstream. In upstream it takes about One day. From shoron Khola to Bogi it takes half an hour more in downstream.

PW 1 of this case Mr. Mahbubul Alam did not consult with me before filing this case. In the same way he did not consult with me before filing a case in the Pirojpur Court on the same cause of action. PW 1 Mr. Mahbubul Alam Hawlader, after being commander, did not consult with me to prepare any list of Rajakars, Freedom Fighters or any other matter. I don’t know whether any book is published from Pirojpur District Council named “Pirojpur Zillar Itihash” (History of Pirojpur District). It is not true that I have read the Book and since it does not refer my name as well as the incidents I have said, so I am hiding the truth and claiming that I did not read the book. I have heard that a book is published on the Liberation of Bangladesh from Ministry of Information named “Documents on Liberation of Bangladesh” but I did not read this.

I have heard that the then S.D.P.O. Foyzur Rhaman Ahmed was killed in Pirojpur but don’t know whether he was killed in the bank of Boleswar River. I don’t know whether the wife of Mr. Foyzur Rhaman Ahmed wrote a book on the incidents of Pirojpur named ” Jibon je Rokom” (the life as it is).

It is not true that, I have denied my knowledge on the book knowingly because that book does not contain any reference pointing Mr. Delwar Hossain Saydee. I was not injured during war and our houses were also not affected.

I had no knowledge about Mr. Saydee’s parerhat visit before 1986 and I did not meet him as well. It is not true that, Delwar hossain saydee since before the liberation war and even after the liberation war conducted many waj-mahfil (Religious Gatherings) around his village and also in different places of the country firstly in the name of Mawlana Delwar Hossain Saydee and then in the name of Allama Delwar Hossain Saydee. It is not true that, Delwar Hossain Saydee never changed his name. It is not true that, Delwar Hossain Saydee obtained a passport by using the address of his own village after a police investigation in June 16 of 1975. It is not true that at that time he used to live in his own village. I don’t know, whether he was arrested and detained under The Special Powers Act for criticizing the then Awami League Government in 1975.

I studied in Dhaka University at the department of Bengali. My session was 1973-74. Probably I appeared in my honors exam in early 1978. I went to Germany after completing the exam. It is not true that, I am not a real Freedom Fighter and long time after the war, after arriving the country, I became freedom fighter in documents. It is not true that, by showing the power of being a freedom fighter I have collected the certificates of passing S.S.C. and H.S.C. exams. It is not true that, in the same way I got myself admitted in the University of Dhaka. It is not true that, after changing political situation and losing my political power, presuming that to pass is not possible, I left the country. I came back to this country from Germany in February or March of 1984. My current profession is business. I have Ice Plant in the Parerhat Bazar. In 1991 I opened an L.C. to bring machineries and in 1992 the production of Ice Plant started. I started this Ice Plant by taking loan from Rupali Bank. It is not true that, due to not paying back the loan money the bank instituted a money suit against me. (Later PW2 said) The bank instituted a suit and I paid back the loan 100%. It is not true that, for being the witness in this case after the Government has very recently rewarded me by way of waiving the interest on the loan and gave me an opportunity to pay back the principal amount. It is not true that, I was in economic crisis and I tempered my electricity meter to avoid paying electricity bills and was arrested by police for this offence. It is not true that, I was acquitted from that Meter Tempering case by confessing my guilt and paying compensation.

My elder brother freedom fighter Kamal now lives in Dhaka.

12:40

(Cross examination by Monjur Ahmed Ansari)

The shop of Delwar Chairman is in front of our residential house in Parerhat. The house of Delwar chairman is in the east edge of the Port and on the bank of the canal. Advocate Abul Kalam Azad is son of Delwar Chairman. I am not sure whether the age of Advocate Abul Kalam Azad is 52 or 53. Mokarram Hossen Kabir’s home is situated in the south-west corner from my home. I don’t know Motiur Rahman Hawladar, son of Forman Ali Haoladar. I know Abdus Salam Poshari, son of Helal Uddin Poshari. I know Jahangir, son of Soijuddin Poshari. I know Advocate Mannan of village Badura. I do not know whether his father’s name is Kafil Uddin or not. I know Abu Saleh Babul of village Badura. I do not know about his age. But his age is probably above 50 years. I do not know whether Abu Saleh Babul passed S.S.C. exam in 1972. That the house of Muslem Poshari is in the western side of Manik Poshari’s house is not true. The house of Halim Talukdar and Tota Haoladar is half kilometer in the western side from the house of Manik Poshari. There are three lanes facing north-south in the Market Parerhat and “Masum Store” is in the middle of those three lanes. The shop is east dimensional. The width of the street is approximately 20 feet from Masum store to the opposite shop. My father’s shop, Masum Store, was operated by Nurul Hoque Moulobi. He was a tenant. In 1971 the owner of the opposite shop of Masum Store was Motaleb. In the mid time of June 1971 when I went to Hat [market], on that day the shop of Motaleb was open. During that period there was no shop in the Northern side of Masum Store. But there was temporary shades over some bamboo pillars which was used by the people on Haat day[weekly day when market opens]. There were three shops in the southern side of the Masum Store at that time. I cannot remember whether three shops were open in the mid time of June 1971 when I went to hat [market] on that day. The owner of one of these three shops was Shekandar Ali Sheikh and I cannot remember the name of the owners of other two shops now. In the mid time of June 1971 when I went to Parerhat market then Mr. Nurul Hoque was passing by my side to open the shop. I had left the place before Mr. Nurul Hoque Moulobi opened the shop. There was no permanent shop in the western and northern side of the shop of Mr. Motaleb. There was temporary shop under the temporary shades over bamboo pillars which opened on the weekly market day. There were also two or three shops in the southern side of the temporary roofed shop.

In the morning of 7th May 1971, I was at home. Then I went out from home. Pakistani military reached parerhat in the morning of May 7 of 1971 approximately at 9AM/9:30AM. Pakistani military set up a camp in the Parerhat School approximately at 12:30PM/1:00PM. I do not know how much time it took to make some big holes by digging in the floor of 30/35 shops.


19.12.11

2.11pm

PW-2 Took Oath (Monjur Ahmed Ansari to cross)

I came to know the news of digging holes at afternoon. I came to know the news of looting in 30/35 shops at the evening of that day. I came to know the news of looting of 22 sheers [kilo grams] silver and gold also at the evening of that day. It is true that, the shop of Nagarbashi Shaha was in the southern edge of east lane and west dimensional. It is not true that, the shop of deceased Sultan Talukdar is in the southern edge of east lane and facing towards east. The shop is west dimensional. I cannot say all the names of the owners of the 30/35 shops those were looted. “Zhaka” is one kind of big container made by bamboo. In 1971 the Haat (weekly market day) used to sit in the morning at about 8 am and continued till Aashor Prayer (evening Prayer of Muslims). Haat used to sit in every Sunday and Thursday. In 1971 on Haat days there was less people attending the market in comparison with present days. The Revolver, which I got from my Brother in law, I have taken from him while he came in our home. Mr.Sayedee was heading towards the South side from east side. This was a common road, used by many people. Mr. Delwar Hossain Sayedee was taller than me. It is not true that, if Mr.Sayedee had something in his head in a carrier it was not possible for me to see it.

Chitholiya village is 1 Kilometer away from my village home in Eastern direction. Manik Poshari’s burnt house is situated in Chitholiya Village which is also 1 kilometer away from my house. In midst of the way to Parerhat I came to know that Manik Poshari’s house was burnt. After 1.5/2 hours I went to Manikposhari’s home to see his house. It is not true that, after liberation, Goni Poshari held Rajakar Abdur Razzak and Sekender Shikder on the allegation of looting and blazing of their houses. It is not true that Goni Poshari shooted Abdur Rzzak and by people’s request, handed over Sekender Shikder to Police. It is true that, I used to carry Rivolver for the sake of safety and security, as I said in my statement, but I cannot remember now whether I have given the same information to the investigation agency.

It is not true that, I did not give any statement to the investigation agency referring Mr. Nurul Haque Mowlovi. It is not true that, I did not say to the investigation officer that I walked through the Masum Store and stayed in front of Safizuddn’s house. It is not true that, I did not say to the investigation officer that the office of Five Fund was established in Nogorbashi Saha’s shop. It is not true that, I did not say to the investigation officer that the Mowlana Nasir’s father Sultan’s shop was used as the store house of Five Fund. It is not true that, I did not give any statement to the investigation officer mentioning Vanu Saha’s name. I cannot remember now whether I have mentioned Sudhindra Chandra Nath and Gourango’s name to the investigation officer on the incident of conversion to the other religion or not.

I did not say to the Investigation officer that the Leader of Jamat e Islami, Mr.Mokarrom Hossain Kabir went to meet me. It is not true that, I did not mention to the investigation officer the exact date of ablazing Manik Poshari’s home. It is not true that, I did not say to the investigation officer that the bundle (which is carried by Mr.Sayedee) contained kasa (bronze) made particulars.

It is not true that Mr.Sayedee and others did not form Parerhat Peace Committee. It is not true that, Delwar Hossian and others did not form Rajakar Force by different Students of Madrasha (Religious school) and activist of Islamic Chatra Songha. It is not true that Delwar Hossain Sayedee and others were not standing at parerhat Rickshaw Stand to welcome Pak Army. It is not true that Delwar Hossain Sayedee did not show the shops of people. It is not true that, no body went to me to get permission on behalf of him that Delwar Hossain Sayedee would give sermon in a congregation at parerhat Rajlakkhi High School in 1986.

It is not true that my following statements are false –

  • my coming to Parerthat by boat in the midst of June to collect grocery for the Freedom Fighters, staying in front of Masum Store, after some time I saw Delwar Hossain Sayedee, by wearing Panjabi and Lungi, carrying a bundle full of bronze; kasa made particulars and carrying a dhewtine in hand heading towards the office of Five Fund from North side to South side. On that time I talked about the looting of Sayedee with some Nurul Haque Moulovi who was beside me then.
  • my carrying a Revolver,
  • Nurul Haque Moulovi’s obstructing me from shooting Sayedee to avoid any problem;
  • after that our walking towards the Northern part of Parerhat Bazar and staying in front of Sofiuddin Mowlovi,
  • Breaking house of Modon Shaha by carpenter Toyub Ali and other 4/5 people along with Sayedee and taking away the house to the other part of the canal, to Sayedee’s Father in law Mr. Younus Munshi’s house.

It is not true that Allama Delwar Hossain Sayedee was not in parerthat or even in the Pirojpur area on 7 and 8th May and up to the middle of June 1971. I came from my home 3/4 days ago to give statement to the Tribunal. It is not true that I was in prosecution custody and they have trained me much. It is not true that my age was not 21 years during 1971. In 1972-1973 I used to go my village home but did not stay permanently. I cannot remember whether I mentioned carpenter Toyub Ali’s name to the investigation officer. I am a supporter of the present ruling party. It is not true that, as Mr. Sayedee is a central leader of Jamaat-e- Islami so I gave false statement in a false case after being jealous, benefited by the present government.

(Completed)

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