Quader Molla Trial

[kobiraaz]

3 Jul 2012: Molla 1st witness testimony
Tribunal Two



The tribunal was due to start hearing witnesses relating to Quader Molla

Please note that between 16 April (when the case was moved to Tribunal two), and 3 July (the beginning of the trial) no detailed notes of proceedings are available. However the key orders/applications involving tribunal two in this period (and tribunal one before) are set out below.
- Prosecution application for charge framing (in tribunal 1)
- Defence response (in tribunal 1)
- Tribunal order to transfer case to tribunal 2
- Tribunal order of Indictment
- Defence review application
- Tribunal order on review application

The defence lawyer Tajul Islam said that several changes have been made to the witness list as well as final information. Even we have not got the statements of the new witnesses. So, we could not take proper preparation.

Mr. Mohammad Ali, the Prosecutor said that statements have been supplied already.

Defense Counsel said that e have only had 35 days to prepare, but the tribunal said that this is enough time.

Then the Defense Counsel prayed time to be prepared well. Honorable justice asked, how many witnesses are there today? Prosecutor replied, one. Defense Counsel then told the tribunal that amongst the witness list there are two ‘Momena’s. We need clarification. Prosecutor said that one is Momena Begum, daughter of Shahid Hazrat Ali, relating to count no. 6 and there is also another

The evidence in chief of Mojaffar Ahmed Khan then started

Prosecutor: What was your condition at the period of Liberation War?

Witness: At the period of Liberation War I was an examinee of S.S.C. examination.

Prosecutor: Describe your role in that period.

Witness: I was the President of Chhatra League at Keraniganj thana of East Pakistan.

Prosecutor: What was your role before Liberation War?

Witness: In the mass revolt of 1969, I along with some students came to Dhaka and actively participated in mass revolt.

Prosecutor: After the mass revolt, what did you do?

Witness: I directly canvassed in favor of Awami League candidate Ashraf Ali Chawdhury for the election of 1970. Besides I canvassed in favor of the candidates of Mohammadpur and Mirpur area, Dhaka.

Prosecutor: Who was the candidate of the opposite party?

Justice: Is this question necessary?

Prosecutor: Yes my Lord, this is necessary.

Witness: Opposite candidate was Golam Azam, Jamaat-e-Islam, Bangladesh.

Prosecutor: Who canvassed in favor of him?

Witness: Quader Molla.

At this moment the Defense Counsel objected about leading question. But honorable Chairman rejected that claim.

Prosecutor: What was your contribution in Liberation War?

Witness: Though Awami League got majority vote, but was prevented to sit in assembly. The meeting of Bangabandhu with Yahya Khan failed and at the inauspicious night of 25th March, the Pakistani Military Force attacked the innocent Bangali people. We prepared to fight after the historical speech of Bangabandhu of 7th March.

Prosecutor: What did you do after 26th March?

Witness: I along with my friends prepared to go to India to participate in Liberation War.

Prosecutor: When did you go and what did you do?

Witness: I started to India along with my 15 friends on May, 1971.

Prosecutor: Where did you go there?

Witness: At first we went to Sonaimury area of Agartola and there at Congress Bhaman entered our name.

Prosecutor: Then?

Witness: By the end of July, we were sent to Laylapur Cantonment of Assam by truck to take arms training.

Prosecutor: What did you do there?

Witness: There we took training to use different types of arms.

Prosecutor: Then?

Witness: After completion of the training, we returned Melagarh of Agartola.

Prosecutor: Then what happened?

Witness: In the leadership of Major Hayder and Captain Halim Chawdhury, we were supplied arms.

Prosecutor: Then?

Witness: With 25 freedom fighters we entered Bangladesh.

Mr. Judge Md. Shahinur Islam said that what is the need of such statements? Don’t waste time of Court.

Md. Ekramul Haquue, the Defense Counsel asked ‘What is the actual allegation?’

Prosecutor: Yes, we are coming to the point. Please describe next.

Witness: We placed our freedom fighters camp at Kolatiya.

Prosecutor: What happened after that?

Witness: During the Liberation War, we first heard the sound of bullet on 25th November. I along with my troop moved to Vaowal Khanbari, Kolatiya, Najirpur of Ghatarchar area. In the meantime, my nephew freedom fighter Osman Gani and my co-fighter Golam Mostofa took one day leave from camp and went to home.Hearing the sound of bullet I started home and on the way to Najirpur, met my father.

At this time Judge Md. Shahinur Islam again expressed his reluctance.

Tajul Islam, defence lawyer said that the witness should be permitted to speak freely.

Witness Mojaffar Ahmed Khan became angry indicating Judge Md. Shahinur Islam that why he has not been given opportunity to speak freely. He said that, why is the tribunal member criticising me? I am a genuine freedom fighter, not a hybrid freedom fighter. Talk with me with proper respect. Here it is breach of Article 102 of the Constitution. My father told me, never go ahead! Mostofa is killed! Osman is killed! Today I’ll not give any more witness. Today please stop here. Without sentiment, there is no freedom fighter. Give me death sentence if I’ve committed contempt to Court.

[The prosecutors tried to cool him down. Mojaffar Ahmed Khan drunk a glass of water and took some time to regain his composure.]

Justice Obaydul Hassan: It would be easier for us if short sentences are used.

Golam Arif Tipu (Chief Prosecutor) then asked the witness to please carry on your statement.

Witness: Father said, don’t move there. Our house has been attacked and burnt. Local Rajakars have killed your co-fighters Osman Gani and Golam Mostafa. Do not open fire with the weapon you have. I said to father, you go to my camp. I look, what can be done.

The attack was started in early morning, at the period of fajar’s azaan and continued till 11 A.M. 57 Hindu and Muslim people were killed in Ghatarchar. Attack was spread from Ghatarchar to Khanbari, then to Boro Bhaowal. There 25 people were killed.

We got information at 11 A.M that ******* and Pakistani bahini has left the place. Instead of main road, I went to Bhaowal Khanbari through back side.

Prosecutor: What did you see there?

Witness: I saw my house burning. Dead bodies of Osman Gani and Golam Mostafa were fallen there.

Prosecutor: What did you do there?

Witness: After completing funeral of dead bodies I went to Ghatarchar through the backside road.

Prosecutor: What did you see there?

Witness: There existed horrible situation. All around there was blood and blood, dead body and dead body.

From the local people, I met Tayab Ali and Majid. They were scrutinizing the dead bodies - whether those were Hindus or Muslims. I asked them, who committed these activities?

Prosecutor: What did you find out?

Witness: Abdul Majid told me, at Ghatarchar a meeting was arranged on 23 or 24. There was doctor Jaynal, K. G. Karim Babla, Muktar Hossain, Fayjur Rahman. They arranged this meeting communicating with the leader of Islami Chhatra Sangha Abdul Kader Molla. At that meeting Abdul Kader Molla was present.

Prosecutor: What was decided in the meeting?

Witness: They took decision to kill innocent people and implemented their decision on 25th November 1971.

Prosecutor: After that in which places did you go during the period of Liberation War? As my uncle’s home was at Mohammadpur area, I went there one time during the period of Liberation war.

Prosecutor: Then?

Witness: Physical Training Centre of Mohammadpur which was then used as torture cell of ******* and Al Badar Bahinee. On the way of returning, I saw Kader Molla with his companions taking weapons in hand in front of the gate of that torture cell.

Prosecutor: What more do you know?

Witness: The incident of genocide, loot and conflagration at Ghatarchar was mainly led by Kader Molla. Local Rajakars did that incident communicating with Kader Molla.

Prosecutor: Now, what do you want?

Witness: I’ve been bearing the grievance against these anti-humanitarian activists since long ago. Through the ‘Ghatok-Dalal Nirmul Komity’ of ‘Shahid Janani’ Jahanara Imam and Kornel Nurujjaman, I also claimed their punishment.

In 2007, at the CJM Court of Dhaka, I filed a case for that purpose the number of which is 17/2007.

Subsequently, thana took it as Ejahar, so it turned into GR Case as Case no. 34 (12) 2007 of Keraniganj thana. Through that case I claimed their exemplary punishment.

Prosecutor: Defense Counsels now cross examine you. You answer question with patience. Tajul Islam (Defense Counsel): We’ll cross examine after hearing full statement.

Prosecutor: Oh! Another question. can you identify the accused sitting in dock?

Witness: Yes, he is there.


Cross examination then started by Md Ekramul Hack

Defence: Can you show your National ID card?

Witness: The witness then showed his National ID card.

Defense Counsel: What is your date of birth?

Witness: 3rd March, 1953.

Defense Counsel: Were you voter in the election of 1970?

Witness: I can’t remember now.


Tajul Islam (Defense Counsel) then prayed for 2 weeks.

After arguments among honorable Justices and defense counsels Justice A.T.M Fazle Kabir (Chairman) then fixed the next date of 08/7/12 for cross examination.

 

[kobiraaz]

8 Jul 2012: Molla 1st witness cross exam

The cross examination of the first witness Mujaffar Ahmed Khan in the trial of Abdul Quader Mollah continued.

Before that the Prosecutor Mohammad Ali said that on 3rd July, 2012 an unfortunate incident occurred in this Tribunal. For that reason, the witness would like to say something.

Witness: I lost many of my co-fighters at the Liberation War. Emotionally I couldn’t control myself on last 3rd July; because of the unfortunate incident of that day I am very much sorry and begging pardon.

Chairman Have you ever been a witness in any case?

Witness: No.

Justice (Chairman): There are some rules of court. As you are witness, you have to follow those rules. For example, the Defense Counsel has a right to question you. He may even say that you were not freedom fighter. You will not be angry.

Prosecutor: Now the learned Counsel of defense party will cross examine you. You will listen and understand first. You will think, if you know the answer then answer the question. If you do not know, then say ‘I don’t know’.

Defence: Last day you said about Ati Baul High School. In which Thana was that school situated?

Witness: In Keraniganj Thana Ati Baul High School was situated.

Defence: In which years did you complete your S.S.C., H.S.C., B.A. or B.Com. degrees?

Witness: I was a candidate of S.S.C. examination of 1971; but I passed S.S.C. examination on 1972.

Defence: What about H.S.C. examination?

Witness: I passed my H.S.C. degree on 1974 from Hafez Musa College.

Defence: In which Thana was that college was situated?

Witness: It was situated at former Lalbagh Thana, present Hazaribagh Thana.

Defence: Tell me about your B.Com. or B.Sc. degree.

Witness: I admitted myself in Sheikh Borhan Uddin College; but I didn’t participate in my B.A. examination.

Defence: In which year did you admit?

Witness: On 1974 I admitted in B.A.

Defence: After that, did you take any technical or any other educational degrees?

Witness: No, I didn’t take any further educational degrees.

Defence: Did you involve in any Government or non-Government institute for job?

Witness: No, I didn’t.

Defence: You said in your statement that in the mass revolt of 1969, you along with some students came to Dhaka and actively participated in mass revolt. Now, can you say the names of the leaders of Chattra League, such as V.P., G.S., of different halls of Dhaka University?

Witness: No, I can’t remember now.

Defence: You were the president of Chattra League of Keraniganj Thana in 1969. Who promoted you to that post?

Witness: Nur-e-Alam Siddiqui promoted me.

Defence: Who was he?

Witness: He was former leader of Chattra League.

Defence: Is he alive now?

Witness: Yes, he is alive. He is former parliament member of Awami League.

Defence: You were recognized, did you have any office there?

Witness: In 1969, there was no office of Chattra League at Keraniganj Thana.

Defence: How many members were there?

Witness: We have the committee containing 21 members.

Defence: Who was the Secretary of that committee?

Witness: Jafar Ullah was the Secretary of that committee.

Defence: Is he alive now?

Witness: No, he is not alive now.

Defence: How many are alive among those 21 members?

Witness: Most probably 15 members are alive.

Defence: Can you say their names?

Witness: One of the 15 alive members is now Secretary of present Bangladesh Government, I don’t want to mention his name. So far as I can remember, the other members are i) Md. Sahabuddin, ii) Md. Khalilur Rahman, iii) Anwar Hossain Faruqui, iv) Shah Jahan Faruqui, v) Shah Newaj, vi) Ajijur Rahman Khan, vii) Mafiz Uddin, viii) Abdul Jalil, ix) Mahmudul Haque, x) Fazlur Rahman, xi) Shamsul Haque, xii) Nazrul Islam, xiii) Abdul Aziz

It was long since, because of communication gap, I can’t remember more.

Defence: How many of them were freedom fighters?

Witness: i) Md. Sahabuddin, ii) Anwar Hossain Faruqui, iii) Shah Jahan Faruqui, iv) Mafiz Uddin and v) Nazrul Islam were freedom fighters.

Defence: Were you all same age?

Witness: They were near to my age.

Defence: Did they all live at Keraniganj Thana?

Witness: Yes, they all lived at Keraniganj Thana.

Defence: You said in your statement, you and your friends prepared to go to India to participate in Liberation War and you started to India along with your 15 friends on May, 1971. Can you remember the names of those 15 persons?

Witness: The name of those 15 persons stated in my statement were: i) Md. Shahaabuddin, ii) Golam Mastafa, iii) Abdul Sobhan, iv) Md. Mojibar Rahman, v) Hira Lal Ghosh, vi) Md. Ershad Ali, vii) Md. Hasan, viii) Babul Bishwas, ix) Mirazul Haque, x) Shahidullah, xi) Md. Alauddin, xii) Md. Abdul Awal, xiii) Abdus Sobhan, xiv) Md. Shah Alam & xv) Abdul Mannan.

Defence: Are all of them alive except Golam Mostafa?

Witness: Golam Mostafa is still alive.

Defence: Are all of them alive?

Witness: Abdul Sobhan, Hira Lal Ghosh, Md. Ershad Ali, Md. Hasan & Babul Bishwas are not alive now.

Defence: Can you say the father’s name of Golam Mostafa?

Witness: I don’t know.

Defence: What are the occupations of the live persons?

Prosecution: My Lord, this is not trial under general law. We should keep it in our mind.

Witness: They all are retired persons and staying at home.

Defence: Were any of them Government service holders?

Witness: No, they were non-Government service holder and staying at home of Keraniganj.

Defence: You said, you started to India along with your 15 friends on May, 1971 and at Congress Bhaman entered your name. Were the names of 15 persons entered there?

Witness: Yes, the names of those 15 persons were entered.

Defence: How many days did you stay at Agartala?

Witness: We stayed scattered at different transit camps. We were not only 15 persons there, but also 500 persons from whole Bangladesh were there at the Youth camp.

Defence: How many of those 15 persons were with you?

Witness: I alone was fallen in a different group. As I was only scout of those 500 persons, at the time of giving scout training, I met them.

Defence: In which Camp did you fall?

Witness: I was at Hapania Camp.

Defence: How many days did you stay there?

Witness: I stayed at Hapania Camp for 20 days.

Defence: Where were you sent from that camp?

Witness: I was sent to Mohonpur Camp.

Defence: How many days did you stay there?

Witness: I stayed there 7 days.

Defence: Can you remember the actual date?

Witness: I can’t remember the date accurately.

Defence: Where did you go from the Mohonpur Camp?

Witness: I went to Durga Chawdhury Para of Agartala.

Defence: How many days did you stay there?

Witness: I stayed there 15 days.

Defence: Where were you sent from there?

Witness: I was sent to Gokul Nagar Camp of Agartala.

Defence: How many days did you stay there?

Witness: Under the control of Captain Routh of Indian Army, I stayed 15 days there.

Defence: When did you get the arms?

Witness: I was not given arms yet. I was sent to Lailapur of Assam to take training.

Defence: How many days did you stay there?

Witness: I stayed there 20 days.

Defence: What happened there?

Witness: The training was divided in two parts: the first part was of 20 days and the second part was of 7 days, which was given by officer in charge Major Rabindra Singh of Indian army. It was a special training for us.

Defence: When did you get arms?

Witness: When we returned to Melaghar transit Camp of Agartala then we got arms.

Defence: The training of these 21 days, I think this was your last training. During this period were you supplied any arms?

Witness: We completed our training with arms, but directly arms were not supplied.

Defence: Can you mention the time period of those 21 days?

Witness: We reached Lailapur of Assam on 3rd July, 1971.

Defence: Until which date did you stay there?

Witness: Our date of departure was 30th July, 2012.

Defence: How many members were there at the date of departure?

Witness: There were 10 trucks, each containing 20 to 25 members.

Defence: Were all of them Bangladeshis?

Witness: Yes, all of them were Bangladeshis.

Defence: How many persons of Keraniganj were with you?

Witness: I met those 15 members after returning Melaghar transit Camp.

Defence: When you returned from transit Camp of Assam, did Rabindra Singh give any paper to you?

Witness: He might give as in each truck there was one Indian officer.

Defence: How many days did you stay at Melaghar, Agartala at the time of reporting?

Witness: We stayed 7 days at the time of reporting.

Defence: How many members were there in your team?

Witness: There were 25 members at our team.

Defence: On which day were you directed to enter Bangladesh?

Witness: They brought us by truck to CNB road of Comilla of present Bangladesh with arms.

Defence: How many were from Keraniganj of those 25 members?

Witness: 15 ware from Keraniganj and 10 others were from the adjacent Thana.

Defence: Can you mention the names of those 10 members?

Witness: Yes, I can. i) Farid Ahmed, ii) Akhtar Uddin, iii) Nasir Ullah, iv) Jashim Mia, v) Ain Uddin, vi) Abdur Rahman, vii) Abdul Halim, viii) Md. Abdul Motaleb, ix) Md. Ramij Uddin, x) Md. Harun-ar-Rashid.

Defence: What was the centre of those 25 members of entering?

Witness: We established our camp at Kalatia, Keraniganj.

Defence: Was that in any school, house or institute?

Witness: That was in a private house.

Defence: Who was the owner of the house?

Witness: The name of the owner is Motiur Rahman Sarkar.

Defence: Is he alive now?

Witness: Yes he is alive.

Defence: Is he fit?

Witness: No, he is very aged, but he can move.

Defence: On which date did you establish the camp?

Witness: We established our camp most probably on 28th August, 1971.

Defence: As freedom fighter, what was your first operation and where?

Witness: It was 5th of September, we made our first operation to Tulshi Bari of Sayeedpur, it was a junction of three Thanas.

Defence: Was it operated at day or night?

Witness: It was operated at daytime, we started from 10 am.

Defence: What was your target?

Witness: We leaded front war against Pakistani Army.

Defence: Were they coming by truck?

Witness: No, they were coming by gunboat.

Defence: Through which river were they coming?

Witness: They were coming through the river of Dhaleshwary.

Defence: Did they fire or blast bomb to anybody?

Witness: At first they attacked there in a camp of freedom fighters.

Defence: What was the name of that Camp?

Witness: The name of that Camp was ‘Para Gram Muktijoddha Camp’.

Defence: How many members were there at that Camp?

Witness: At that Camp there were 200 members.

Defence: How many persons were at the gunboat?

Witness: Including gunboat & speedboats there were about 300 members.

Defence: Who was you commander?

Witness: Our Commander in Charge was Yahiy Khan Chawdhury Pintu.

Defence: Who attacked first, you or Pakistani Army?

Witness: Pakistani Army attacked first.

Defence: On which side were you staying?

Witness: After getting message, all freedom fighters including us started to the place of occurrence. There were more five Camps at Kalatia.

Defence: How long did the firing continue?

Witness: The firing continued till 4 pm.

Defence: As a result, how many died from both side?

Witness: One freedom fighter died: Md. Omar Ali of Pintu group and including me, 10 were wounded.

Defence: Of the 9 remaining wounded persons, how many were from Pintu group and how many were from your group?

Witness: Except me, no one was wounded from my group. The 9 remaining wounded persons were of Captain Halim Chawdhury’s group.

Defence: Are these 9 persons alive now?

Witness: I have no communication with them.

Justice (Chairman): How will Mr. Witness know whether they are alive or dead? Please ask relevant questions.

Defence: How many Pakistani solider wounded or died?

Witness: 53 Pakistani soldier died.

Defence: What was the number of freedom fighters coming from different Camps?

Witness: The number of freedom fighters coming from different Camps was 5000.

Defence: After completion of the operation at 4 pm where did you return back?

Witness: I was returned wounded to Dr. Abdul Salam’s home.

Defence: Where was your injury?

Witness: Right side of my Kidney.

Defence: How many days did you stay there after primary treatment?

Witness: I stayed at his home 7 days to take treatment.

Defence: Were the members of the doctor’s family at home?

Witness: Yes, the members were there.

Defence: The home was inside the Para, wasn’t it?

Witness: Yes, it was inside the Para.

Defence: Mr. Salam wasn’t your relative, was he?

Witness: His brother was my comrade, he died.

Defence: What was his name?

Witness: I can’t remember his name now.

Defence: Did anyone of that Para come to him for treatment?

Witness: Yes, patients came to take treatment.

Defence: Did the residents of that Para know that you were staying there?

Witness: No, that news was secret.

Defence: Then after 7 days, where did you go?

Witness: I returned back to Nazirpur.

Defence: Were you cured during those 7 days?

Witness: Dr. Salam took Dr. Akhtaruzzaman from Midford hospital to remove my stitch.

Defence: Then where did you stay?

Witness: I took rest of 15 days at Nazirpur Camp.

Defence: In which month did you take these 21 days’ rest?

Witness: From the 5th to 26th / 27th September, I took 21 days rest.

Defence: Did the freedom fighters of your team during that period make any operation?

Witness: To defend from Rajakars they made small operations.

Defence: Were those operations inside Keraniganj?

Witness: Yes, those operations were conducted inside Keraniganj.

Defence: During those 21 days period bullets and bombs must be used, Rajakars must had known about the existence of your camp, wasn’t it?

Witness: Yes, it was.

Defence: During those periods, did Pakistani army make any big operation against your camp?

Witness: No, Pakistani army didn’t make any big operation to our camp.

Defence: As you were the supervisor of that Camp, until 16th December, 1971 was you the constant supervisor of that Camp?

Witness: No, at the mean time I went to India.

Defence: On which month did you go to India?

Witness: On first week of October 1971, I went to freedom fighters’ hospital of Bishalgarh to take treatment.

Defence: How long did you stay there?

Witness: I stayed there 15 days.

Defence: After release from there, what did you do?

Witness: I went back to Melagarh to meet the commander of 2nd Sector, Mr. Haidar.

Defence: How long did you stay there?

Witness: I stay there 2 days.

Defence: Where did you go from there?

Witness: With the new duty, I returned back to Nazirpur containing explosive materials.

Defence: Can you remember the date?

Witness: It was end of October.

Defence: Did you get the members of previous team?

Witness: Yes, I got them.

Defence: Then in which places did you make operation?

Prosecution: My Lord, he is asking questions in such a way as though he is making a research on the history of Liberation War.

Defence: As the witness was present at the place of occurrence, will the questions be answered by him or anyone else?

Defence: In which places did you make operation?

Witness: The Sector Commander gave me a special duty, a duty to destroy the ******* Camp of Mohammadpur.

Defence: What was the distance from Nazirpur to Mohammadpur ******* Camp?

Witness: From Nazirpur to Mohammadpur ******* Camp, it was about 10 miles distance.

Defence: On which date, when and how many persons started to Mohammadpur?

Witness: From Ati Bazar to Mohammadpur I reached through boat at 11/1/1971.

Defence: What was the name of the river on you landed?

Witness: The name of the river is Buriganga.

Defence: What was the name of the place you landed?

Witness: A bank of river Buriganga near to Sat Mashjid, Mohammadpur.

Defence: Can you mention the time?

Witness: Yes, it was 10 am.

Defence: From the place of your landing what was the distance of the ******* Camp?

Witness: It was very small distance, nearly quarter km.

Defence: Was you alone at that day?

Witness: Yes, I was alone.

Defence: Did you have any arms or explosive materials?

Witness: For the sake of personal security, I had a small arm. I took some vegetables for uncle’s home.

Defence: Then where did you go and how?

Witness: To observe the Camp well I went my uncle’s home by walking passing the front side of that Camp.

Defence: What was your Uncle’s name?

Witness: My Uncle’s name was Md. Gias Uddin.

Defence: Is he alive or dead?

Witness: He is dead now.

Defence: Where was that Camp situated, in a school or institute?

Witness: It was in Physical Training Institute, Mohammadpur.

Defence: Was there any signboard of ******* in front of the Camp?

Witness: No, there was no signboard mentioning ******* Camp.

Defence: How long did you stay at your uncle’s home?

Witness: I stayed in my Uncle’s home about 10 minutes.

Defence: Did you ever go to your uncle’s home before?

Witness: That was my first day in my uncle’s home.

Defence: What was the number of your uncle’s home?

Witness: I know, but I can’t say for the sake of security.

Defence: Is your aunty, cousin sisters or cousin brothers alive now?

Witness: Aunty is dead; there are three cousin sisters and two cousin brothers alive.

Defence: How many of them were mature at the time of Liberation War?

Witness: One of them was mature at the time of Liberation War

Defence: Please mention his name.

Witness: For the sake of security, I don’t want to mention his name.

Defence: After 10 minutes, did you return through the same way from which you came earlier?

Witness: Yes, I returned through the same way from which I came earlier

Defence: During that time, did you make conversation with any people?

Witness: No, I didn’t made conversation with anyone.

Defence: When did you return?

Witness: I reached on the bank of the river on quarter past 11am.

Defence: When did you reach at Nazirpur?

Witness: Actually, returning from uncle’s home, I went to my own home to meet my mother and I took my lunch with her there.

Defence: Where was your mother?

Witness: My mother was at Bhawal Khanbari.

Defence: How much distant was your home from your uncle’s home?

Witness: It was at middle place. My home was about 5 miles distant from my uncle’s home.

Defence: From the period of going India to meeting your mother, had your mother faced any problem?

Witness: No, from the period of going India to meeting mother, she hadn’t faced any problem.

Defence: Did your father, brothers and sisters live with your mother?

Witness: Yes, my father, brothers and sisters lived with my mother.

Defence: On the way from Kalatia to Mohammadpur, how many ******* camps or Freedom fighters’ camps were there?

Witness: From Mohammadpur to Kalatia there was no Freedom fighters’ camp. On that route there were two ******* camps; one was at Ghatarchar, and another was at Kulchar, Atir bazaar Their head quarter was at Mohammadpur.

Defence: When did you return to Nazirpur?

Witness: At evening I returned to Nazirpur.

Defence: The new direction that was given to you, did you perform that?

Witness: Mohammadpur and Mirpur areas were centre of non-bengali Bihari people. I needed a shelter for my duty.

Defence: On which date you took action?

Witness: Though I was ready, but I couldn’t take action.

Defence: What did you do then?

Witness: I returned to India on 10 November, 1971 and reported there.

Defence: How long did you stay there?

Witness: I stayed 2 days and then returned.

Defence: Where did you return?

Witness: At Nazirpur Camp.

Defence: Then what did you do?

Witness: I need 10 minutes break now.

Justice (Chairman): Break will soon take place. You have to answer one or two questions now.

Witness: I am a diabetic patient. It’s urgent.

Then the Tribunal was adjourned until the afternoon, when it continued. The defense lawyer Ekramul Haque asked the questions

Defence: Kolatia, Najirpur and Khanbari were your area, right?
Witness : Yes.
Defence: What was the proportion of Hindu and Muslim in those area that time?
Witness: I don’t know.
Defence: Have you given your vote in 2008’s election?
Witness: Yes.
Defence: Who was Awami League’s candidate in Lalbagh in 2008’s election.
Witness: Rashed Khan Menon.
Defence: Did you canvas on behalf of him?
Witness: Yes.
Defence: In the last part of December, 1971 you came to Lalbagh and till now you are living there, right?
Witness: I stay in Lalbagh but my business is in Keranigonj.
Defence: Still its your own area
Witness: Yes.
Defence: Are you aware of any kind of certificate or document that Osman Goni and Golam Mostofa had which proves that they are freedom fighters?
Witness: Yes, they are registered freedom fighters and their family get allowance. I think their family member got those documents.
Defence: Is there anyone alive in Osman Goni’s family?
Witness: Yes, his mother and two brothers are alive.
Defence: Is Golam Mostofa’s father’s name belated Ahmed Hossain (Tukub Ali) and Osman Goni’s father’s name belated Mohammad Hossain?
Witness: Yes.
Defence: Is there anyone alive in Golam Mostofa’s family?
Witness: Yes, his son and daughter is alive.
Defence: They must be mature
Witness: Yes. His daughter is married.
Defence: On 10 November, 1971 you went to India. After that where else you gave raid as a freedom fighter?
Witness: There was an incident on 25 November which i mentioned in my statement.
Defence: Did anyone else apart from the two mentioned freedom fighters die from your group?
Witness: No.
Defence: Did you go to any other operation/ raid after 25 November, 1971?
Witness: No.
Defence: Where and to whom did you surrender the arms and ammunition you had during the liberation war?
Witness: After liberation war, we surrendered the arms to Mostofa Mohiddin, the leader of ‘Mujib Bahini’ of our area and he delivered them to Bangabondhu Sheikh Mujibor Rahman in Dhaka Stadium.
Defence: As a bonafide well recognized freedom fighter when you surrendered, you followed the order of the government of the People Republic of Bangladesh and can you tell me who was the Commander-in-Chief that time?
Witness: Yes I followed it and General Osmani was the Commander-in-Chief.
Defence: You mentioned in your statement that when you somehow managed to bury Golam Mostofa and Osman Goni, you went to Ghatarchor and you met Tayab Ali and Abdul Mojid. Where are they from?
Witness: Tayab Ali is from Ghatarchor, Tanpara and Abdul Mojid is from Ghatarchor, Khalpar.
Defence: Then you asked them (about the dead bodies that were lying around) that who did this and by this which date you meant?
Witness: I meant 25 November, 1971.
Defence: You said that you were informed by Abdul Mojid that there was a meeting on 23\24 November and where did this meeting take place?
Witness: In Jainal Abedin’s house which is in Ghatarchor, Khalpar.
Defence: Is Abdul Mojid alive?
Witness: Yes.
Defence: Where is he now?
Witness: Ghatarchor.
Defence: Where and on behalf of whom you canvassed in the election of 1996?
Witness: I worked on behalf of Mostofa Mohddin who was Awami League’s Candidate in Keranigonj.
Defence: Do you know the current status of the case you filed in CJM Court case no. CR 17/2007 and GR 34 (12) 2007?
Witness: So far i know it has been sent to this tribunal.
Defence: You said that you were voter of Keranigonj in both election of 1996 and 2008?
Witness: No. On 1996, I was voter of Keranigonj and on 2008 I was voter of Lalbag.
Defence: You said that you were involved in politics from your young age. Do you remember who was the G.S. (General Secretary) of DUCSU (Dhaka University Central Students Union) in 1970?
Witness: Probably Tofail Ahamed was the G.S.
Defence: No, you are wrong. Before the election of 1970, when you were the President of Chaatra League in Keranigonj thana , did anyone from central (DUCSU) make a visit to Keranigonj?
Witness: Yes. A.S.M Abdur Rouf with four persons visited Keranigonj.
Defence: And you as an active member of the political party worked very hard to implement the dream if Bangabandhu Sheikh Mujibor Rahman in your arena that time (in the election of 1970)?
Witness: Yes.
Defence: Who was the G.S. of Shahidullah Hall that time?
Witness: Probably Kader Molla from ‘Islami Chatro Shongho’.
Defence: Both of you were busy in your party works apart from that did you have any personal rivalry with him?
Witness: No.
Defence: Since when you know Kader Molla?
Witness: During the revolution in 1969 I used to come to Bot-tola, Modhur Canteen in Dhaka University Campus and from then I know Kader Molla.
Defence: Did you know him as the leader of the central committee of Islami Chatro Shongho?
Witness: Yes.
Defence: Did you face any trouble to move without an ID card during the war?
Witness: No. I have never been face to face with Pakistani Army.
Defence: Do you remember to whom you gave your previous statement?
Witness: In front of CJM Court for my case CR 17/2007.
Defence: Did anyone ever want any document of your being freedom fighter?
Witness: No and I didn’t give it to anyone yet.
Defence: Have you brought the certificate of your getting command from Agartola with you to present in front of the court?
Witness: It was not a certificate, it was an appointment letter. When we were getting in to Bangladesh that time, we saw Pakistani Army and we jumped into the river. The appointment letter was destroyed and that is why I could not bring it with me today.
Defence: You went to India 2/3 times after that, did you ask for a duplicate copy?
Witness: I asked for a duplicate copy to Major Haider later on but as there was no photocopy machine it was not possible to make a duplicate from the office copy of the appointment letter.
Defence: Have you ever published the statement you gave to this tribunal to anywhere else?
Witness: No.
Defence: Have you ever seen the accused Abdul Kader Molla with your own eyes to commit any crime in 1971?

Prosecutor Mohammad Ali objected and said, ‘My lord, Mr. Ekramul Haque is not making it clear that by asking the witness about Kader Molla’s crime, which specific crime he meant. The question is confusing the witness. Please tell him to clarify the specific crime.’

Defence lawyer Ekramul Haque got very angry and started shouting that the witness has to answer the question and the prosecutor should not interrupt. He also said that he meant any crime that Abdul Kader Molla committed in 1971 during the liberation war.

Justice Shahinur Islam told Ekramul Haque to be calm and clarify the question again. Then Ekramul Haque repeated the question several times and Mojaffar Ahmed Khan replied as following:

Witness: He is a self-recognized criminal and yes I have seen him to commit crime in 1971.

Defence: What crime did he commit?

Witness: I saw him standing in front of the gate of Mohammadpur Physical Training Center with a Chinese rifle in his hand.

Defence: Apart from that did you see him to do anything else?

Witness: No.

Defence: You being influenced by the prosecution are telling lies and giving false statement against Abdul Kader Molla.

Witness: No, I am telling the truth.

Defence: As Abdul Kader Molla was arrested on 10 July, 2010 and was in jail and you have the chance to see him several times that is why you said you know him.

Witness: No, its not true. I have seen him before.

Defence: After the speech of Bangabondhu Sheikh Mujibor Rahman on 7 March, 1971 in Racecourse Moidan, Abdul Kader Molla left Dhaka and went to his village home in Faridpur and till February, 1972 he was there and in the meantime he did not come to Dhaka.

Witness: No, its not true.

Defence: As he was a leader of Islami Chatra Shongho and currently as he is a member of Jamat-e Islami, you have made up this false case on the basis of political rivalry.

Witness: No.

Defence: Your statement against Abdul Kader Molla is a complete lie and imaginative.

Witness: Its not true.

After that defence lawyer Ekramul Haque prayed for half an hour more on 9 July, 2012 morning. Justice A. T. M. Fazle Kabir though did not agree in the beginning and told him to finish the cross examination right then but later on after argument three of them (Justices) agreed to give half an hour in the next morning 10:30am to Ekramul Haque as he put strong emphasizes on some documents he needed to bring in front of the court.

 

[kobiraaz]

9 July 2012: Mollah 1st witness cross exam day 2

Defence: Was Khanbari under Keraniganj?

Witness: Yes, it was under Keraniganj.

Defence: What was the distance from Ghatarchar to Khanbari?

Witness: Those places were under same Union. Most probably, the distance was a quarter mile. Suppose, from here to the stadium.

Defence: On which side?

Witness: Near to Atibazar. (Ghatarchar is located first, then Khanbari)

Defence: You said in your statement that at Keraniganj, there were 5 freedom fighters’ camps. The first camp was at the home of Motiur Rahman Sarkar and the second one was at the home of Hazi Yousuf Ali Master. What was the distance between those two places?

Witness: 4 km.

Defence: On which side?

Witness: On north-east side.

Defence: You said, the 3rd Camp was at Nazirpur. In whose home was that?

Witness: At the home of Mr. Mobarak.

Defence: Is Mr. Mobarak alive now?

Witness: No, he is dead.

Defence: Are his sons or daughters alive?

Witness: Yes, his sons and daughters are alive.

Defence: What was the distance of 3rd camp from your camp?

Witness: About one and half km.

Defence: Was the 4th camp at the home of Dr. Karim of Nimtali?

Witness: Yes, it was.

Defence: What was the distance of 4th camp from your camp?

Witness: It was about 5 km north-east side from my camp.

Defence: Who was in authority of these camps?

Witness: All these camps were under the supervision of Mr. Mostofa Mohosin Montu.

Defence: Is Dr. Karim or his sons or daughters alive?

Witness: Dr. Karim is dead, but his sons and daughters are alive.

Defence: Is Mostofa Mohosin Montu alive?

Witness: Yes, he is alive.

Defence: You mentioned about the camp inside the home of Motiur Rahman. Is Motiur Rahman alive?

Witness: Yes, he is alive.

Defence: The son of Mr. Motiur Rahman is Mr. Habibur Rahman who was a leader of Jamaat-e -Islam wasn’t he?

Witness: Yes, he was. Habibur Rahman is dead now. But this Motiur Rahman is another person. His full name is Matiur Rahman Bhuiyna. And, the first person was Motiur Rahman Sarkar.

Defence: You made a Complaint Petition at CJM Court, Dhaka. What was the date of filing of that case?

Witness: On 17/12/ 2007.

Defence: Did you give a statement?

Witness: Yes, I gave.

Defence: You stated in this tribunal that, ‘at Ghatarchar a meeting was arranged on 23 or 24. There was doctor Jaynal, K. G. Karim Babla, Muktar Hossain, Fayjur Rahman. They arranged this meeting communicating with the leader of Islami Chhatra Sangha Abdul Kader Molla. At that meeting Abdul Kader Molla was present.’ Did you state about this meeting in your Complaint case?

Witness: No, in complaint case, the incident of 25 November was stated; but the meeting of 23/24 November was not stated.

Defence: Your statement in this tribunal that ‘the incident of genocide, looting and conflagration at Ghatarchar was mainly led by Kader Molla. Local Rajakars commited that incident communicating with Kader Molla.’ This was also absent in your complaint Case; wasn’t it?

Witness: Yes, in complaint petition it wasn’t stated.

Defence: You said, on the way of returning from uncle’s home of Mohammadpur, you saw Kader Molla with his companions taking weapons in hand in front of the gate of the Physical College Institute. This part was also absent in your complaint case, wasn’t it?

Witness: Yes, in Complaint Petition it wasn’t stated.

Defence: Again, you stated in your Complaint Petition that Quader Mollah was under custody until 1975.

Witness: No, it was not stated in my Petition.

Defence: Here is the document, in para 5 of your Complaint Petition, it is stated that all accused were under custody until 1975.

Witness: It may be the mistake of filing lawyer. I can’t remember whether I said it or not.

Defence: Here is your signature.

At this moment, the accused was told to speak loudly, he couldn’t hear.

Justice (Chairman): Is it original paper? Give reference of original paper.

Defence: Don’t be angry. What I am saying is my professional duty. According to you, you were a freedom fighter, you took training from India and then returned back to Keraniganj; you haven’t submitted any document relating to these incidents before the Tribunal.

Witness: Till now, I haven’t submitted any document, but if the Court requires, I can submit my Freedom Fighter Certificate before the Court.

Defence: You said, on the way of returning from uncle’s home of Mohammadpur, I saw Kader Molla with his companions taking weapons in hand in front of the gate of the Physical College Institute. I am saying, this statement is false.

Witness: No, that is not false.

Justice (Chairman): Mr. Tajul, How a matter is this that the accused is taking food in an open court?

Tajul Islam (Defence): My Lord, we are sorry. Actually, the accused is a diabetic patient. He has to take food timely. We should take permission. Sorry sir!

Defence: As you are a leader of Awami League and the accused is a leader of Jamaat-e-Islami, for the political reason to prejudice him, you are giving false statement.

Witness: No, this is not true.

The defense lawyer then said that he had finished his cross examination.

Prosecutor (Mohammad Ali): My Lord, our second witness is coming. His physical condition is very difficult. So, please start the examination in chief of him in this session.

Justice (Chairman): We have more cases today. We’ll start it tomorrow. Today stop here. You can’t finish today. Then, he has to come tomorrow again.

Prosecutor (Mohammad Ali): Actually, at first, he was listed as first witness. He is also a famous political person. Syed Shahidul Haque Mama: Commander of Mama Group.

Justice (Obaidul Hassan): Can you finish examination in chief within one hour?

Prosecutor (Mohammad Ali): Certainly, my Lord. He will come within 2/3 minutes.

After a short adjournment, Justice Obaidul Hassan told the prosecutor that that he could not deal with his second witness time today.

The second witness, Syed Shahidul Haque Mama then said, 'I would like to say something my Lord, I’ve no business in Bangladesh now. I am only staying here to give witness in this case. I take diabetic medicine and am not fit enough.

Justice Obaidul Hassan: Please come tomorrow. We’ll try to complete your part within tomorrow.

 

[scholseys]

https://twitter.com/davidbangladesh

follow this jew on twitter, he has been covering this jamaat trial thoroughly.

 

[kobiraaz]

10 Jul 2012: Molla 2nd witness testimony

The examination in chief of Sayed Shahidul Haque Mama who was giving evidence in the case against Abdul Quader Mollah took place. The questions were asked by Mohammad Ali. This follows on the from the first witness's cross examination which took place the day before.

Prosecutor: What is your name?

Witness: My name is Sayed Shahidul Haque Mama

Prosecutor: Are your parents alive?

Witness: No, they are not alive. My father was a famous Lawyer, Sayed Atharul Haque.

Prosecutor: Will you give the short historical background of your grandfather?

Witness: My grandfather is late Kaji Abdul Haque. He was a Judge under British Government.

Prosecutor: What is your mother’s name?

Witness: Late Sayeda Kashmiri Begum. My grandfather’s immediate younger brother was Khan Bahadur Ajijul Haque. He was an SP in British period. He was the inventor of the finger print. As a result, the British Govt gave him the ‘Khan Bahadur’ rank. My father in law was also a famous Lawyer named late Mir Md. Khijir Ali belonging to a renowned family.

Prosecutor: Before 1960, where was your paternal residence?

Witness: At Sayed Awlad Hossain Lane.

Prosecutor: Where did you start to live from 1960?

Witness: In the decade of the 1960’s, my father became the resident of Mirpur, Dhaka.

Prosecutor: State about your school life before 1960?

Witness: I started my school life from San Francisco School which was opposite to Lakshmibazar.

Prosecutor: After coming to Mirpur?

Witness: I was admitted to Mirpur Junior High School. It became known as Bengali Medium School subsequently. Many remembrances are connected with this school as here Bangla language was practiced.

Prosecutor: Did you participate in any movement in 1962?

Witness: Yes, I participated in the movement to cancel the notorious Hamidur Rahman Education Commission on 1962.

Prosecutor: State about the movement of 1966.

Witness: There was a movement in 1966 for the demand of 6 items. I participated in that movement. That movement was Bangalies’ demand for life.

Defense Counsel (Ekramul Haque): It seems that, the prosecutor friend is deriving information by licking the witness.

Prosecutor: What was the background of this movement?

Witness: At first the movement demanded 6 items, then the students’ movement demanded 11 items – the main sight behind both these movements were the confinement of the hero of history under the conspiracy case of Agartala.

Defense Counsel (Ekramul Haque): My Lord, I am sorry. My learned friend is thinking that I understand nothing. His way of questioning is not correct.

Prosecution Witness (Sayed Shahidul Haque Mama) told angrily, you have come as the agent of Rajakars of 1971, but I have come here in response of my conscience.

Prosecutor (Mohammad Ali) cooled down and told to say his statement.

Witness: By keeping 6 items’ and 11 items’ in front, we participated in movements. We went in front of Beauty Cinema Hall of Mirpur with procession. Then the leader of Muslim League S.A Khaleque and the sun of Monem Khan Md. Khoshru attacked and fired at the procession with their team.

Prosecutor: Then, what happened?

Witness: Then Quader Mollah of Jamaat-e-Islami, Dr. T. Ali, Hakka Gunda, Akhter Gunda, Nehal, Hasib Hashmi, Abbas Chairmen, Kana Hafez along with their followers invited Muslim League leader Khan Abdul Kaiyum who was known as Tiger of Border to defend 6 items’ and 11 items’ movement.

Prosecutor: Who was the pioneer?

Witness: Anjuman Mahzarin was the pioneer and Jamaat-e-Islami was the abettor.

Prosecutor: Then, what happened?

Witness: The present Mirpur Stadium was an open field in that time. The meeting of Kaiyum Khan held there. He was the chief guest of that meeting. That meeting was filled with the supporters of Jamaat-e-Islami and Biharies. Kaiyum Khan announced taking microphone, “Sheikh Mujib gaddar hai, Pakistan ka dushman hai”.

Prosecutor: Then?

Witness: Hearing that announcement we attacked the stage and took away the microphone.
Prosecutor: Then what was the reaction?

Witness: Me along with my companions was beaten severely. My comrade Amir was thrown to nearest dustbin after beating. Then I was carried to Mirpur Thana, they beat me and told, “Say, Joy Bangla!” I also told, “Joy Bangla!”. Their torture was getting harder. Again they told, “Will say Joy Bangla?”. Yet I told, “Joy Bangla!”.

Prosecutor: Say about fall of Ayub Khan.

Witness: Fire of aggression was lighted all over the country and the autocracy of Aiyub Khan was fallen down.

Defense Counsel (Ekramul Haque): I am feeling helpless, My Lord. My learned friend is violating rules again and again.

Prosecutor: Then who came as the ruler?

Witness: After falling down the autocracy of Aiyub Khan, came another autocrat ruler Yahya Khan.

Prosecutor: At that autocrat ruling what was done against you?

Witness: After beating me, a false case was brought against me at Thana.

Prosecutor: Then what happened with you at that case?

Witness: I was released without any charge. And, the people who gave evidence in favor of me, almost all of them were killed at the horrible night of 25th March. Quader Mollah of Jamaat-e- Islami, Dr. T. Ali, Hakka Gunda, Akhter Gunda, Nehal, Hasib Hashmi, Abbas Chairmen, Kana Hafez and their Bihari and Jamaat-e-Islami followers, who were the sons of same mother, confined and killed them.

Prosecutor: Say about the election of 1970.

Witness: At the election of 1970, Bangabandhu nominated his favourite Mr. Advocate Jahir Uddin as a candidate of National assembly and Dr. Mosharaf Hossain as a candidate of provincial assembly. I begged him to vote before door to door in favor of these leaders selected by Bangabondhu.

Prosecutor: Who was the opposition of that election?

Witness: The notorious leader of Jamaat-e-Islam, Golam Azam was the opposition containing the symbol of ‘Dari-Palla’.

Prosecutor: Was there any other candidate?

Witness: In favor of Anjuman Mahzarin of Mohammadpur mirpur area – Dewan Bara Chand was the candidate containing Elephant symbol.

Prosecutor: Did he participate at last?

Witness: He canvassed for the election, but at last he rejected his nomination paper and worked in favor of Golam Azam.

Prosecutor: In favor of Golam Azam, who took part in canvas?

Witness: Beharies and Quader Mollah of Jamaat-e-Islami , Dr. T. Ali, Hakka Gunda, Akhter Gunda, Nehal, Hasib Hashmi, Abbas Chairmen, Kana Hafez and many others.

Prosecutor: What was their ‘Slogan’?

Witness: “Pakistan Zindabad”, “Naraye Taqdir, Allahu Akber”, “Pakistan Hamara Mulk Hai”, “Joy Bangla Joy Hind, Lungi chorkar dhuti pind” , “Gali gali main shor hain, Sheikh Mujib Pakistan ka dushman hain, gaddar hain”.

Prosecutor: What happened after that?

Witness: My Lord, the name what I am pronouncing again and again, Kader Mollah along with the followers of Jamaat and Biharies, declared those slogans with cheer.

Prosecutor: What was your slogan?

Witness: Our Slogan was only one - “Tomar desh amar desh, Bangladesh, Bangladesh. Joy Bangla!” Oh! There was another Slogan of Kader Mollah and his followers – “Kaha tera Bangladesh? Tamasha dekh, Dhamaka dekh!” Actually they had a plan, after the genocide of the night of 25th March, they gave this Slogan.

Prosecutor: Say about the speech of 7th March of Bangabondhu.

Then the Defense Counsels objected loudly that the Prosecutor is bringing the information by licking. He is referring every first word of every sentence. The tempered witness better know than him.

Witness: Through the way of the ‘Osohojog (non-co-operation) movement’, the birth of historical 7th March occurred.

Prosecutor: Then, what happened?

Witness: In the presence of millions of people, Bangabondhu Sheikh Mujibar Rahman gave us the direction.

Prosecutor: What was the direction?

Witness: Bangabondhu declared, “the struggle this time is for our freedom! The struggle this time is for our independence! Remember, since we have learnt to giveblood, we shall give more of it- we shall free the people of this land by the grace of Allah. At that day, it was fixed who were the friends and who were the enemies.

Prosecutor: Then, what did you do?

Witness: By getting the clear instruction from Bangabondhu, to prepare for the participation of the Liberation war, we started to collect arms and arranged meetings. We arranged meetings at the ‘Avijatrik Drug House’ of Dr. Sheikh Haidar Ali, who was the Senior Vice Chairmen of Awami Jubo League.

Prosecutor: Then?

Witness: 23rd March was the Republican day of Pakistan. The Pakistanis and their followers were making cheers by flying moon and star marked national flag of Pakistan. Quader Mollah was present physically in that celebration. We the Bengalis tried our best to fly the flag marking map of Bangladesh. At the highest pick of water Tank of Mirpur, I climbed by stair and flew the flag of Bangladesh by removing Pakistani flag.

Prosecutor: Where were you on the night of 25th March?

Witness: They were waiting to take revenge after the incidence of 23rd March. At the Operation Search Light of the night of 25th March, Jamaat-e-Islami and the Biharis actively took part.

At that night, I along with my friend took shelter at the club room of Bangalis beside the Mazar of Shah Ali, Mirpur. Their genocide crossed the grievance of the genocide of Rwanda. They killed people without any mercy.

At 8 am of 26th March I got out from that shelter and saw that there was fire and fire all around Mirpur. Then I thought that, at first I would go home to freshen up and then I would leave. After reaching D block of Mirpur – 1, I watched crowd of Biharis and they were celebrating. After watching us, they shouted “Pakraw, pakraw”. When I was near to them, Kader Mollah and his companions, the name of whom I stated earlier, louded “Shahid Agaya, Shahid agaya!”.

Prosecutor: Is your name Shahid?

Witness: Yes. Then I was running away and they ran after me. Then, after passing Nalbagh, I crossed the small river Turag by swimming which was near to my home and reached the other side. On that side, I reached Sadullapur crossing Kakulia. On the way, I came to know that, my father, grandmother and cousin brother were sitting under a tree.

Prosecutor: Then what did you do?

Witness: All persons were fleeing away. There were people all around. At the time of passing river I watched the dead bodies floating on the water.

Prosecutor: Then?

Witness: Then I met my father and grandmother. The members of a famous family took shelter under a tree! I was a student leader at that time. Through my identity the local people gave them shelter at the ‘Ghutnighar’.

Prosecutor: What is ‘Ghutnighar’?

Witness: This was a place where weekly bazaar was placed.

Prosecutor: Then?

Witness: I took shelter at ‘Banga’ with Dr. Zakaria, Ratan and famous TV and film actress Shahara Banu.

Prosecutor: What did you see on 27th March?

Defense Counsel (Ekramul Haque): Why he is asking mentioning date? This is not fair.

Witness: Two incidents are memorable to me specially. The first is, at 11am of 27th March, I got information that, the famous poet Meherunnesa and his two brothers were killed brutally and their dead bodies were cut into pieces.

Prosecutor: Who killed them?

Witness: I have already stated their names. Quader Mollah of Jamaat-e-Islami , Dr. T. Ali, Hakka Gunda, Akhter Gunda, Nehal, Hasib Hashmi, Abbas Chairmen, Kana Hafez and many others.

Justice (Chairmen): What is the other incident?

Witness: Thataribazar of former Pakistan was the center of Hakka Gunda. Akhter Gunda and his followers took Pallab, in other word, Tuntuni, from that place and brought him to Muslim Bazar, Mirpur.

Prosecutor: Where was he brought?

Witness: At Muslim Bazar, Mirpur 12.

Prosecutor: Then?

Witness: His fingers were cut at that place.

Defense Cunsel (Tajul Islam): Mohammad Ali Bhai, you don’t go near to the witness. My Lord, he can’t be stopped in any way. Mind you business.

Prosecutor: I know my conduct.

Witness: Then he was hanged in a tree and after crossing all limits of brutality they killed him. Most probably it was the incident of 5th April, 1971

Prosecutor: Who occurred this incident?

Witness: Biharis and Quader Mollah with his followers.

Prosecutor: Then where did you go and what did you do?

Witness: My elder brother came to ‘Banga’ of Savar Thana tracing me. He took me and my father in a boat of wooden materials and started for Dhaka secretly. On the way I got down with my elder brother at Rayer Bazar. From there I returned at Nazira Bazar at my auntie’s home which was situated beside the home of former parliament membe, Mr. Hanif.

Prosecutor: After that, when did you reach the main place?

Justice: Why are you mentioning the key points of questions again and again?

Witness: As that place was not safe, my grandmother took me to the home of Mr. Fazlur Rahman at Gopibagh. After staying some days there, I started to India with Mulluk Chand, Bodi and others. And reached to Agartala passing Ramchandrapur and many other villages. After staying there some days, we started to Melaghar to take training. Melaghar was the Head Office of 2 no. sector, the leader of which was General Khaled Mosaraf and Majod Haydar. It was the guerilla training to participate in the Liberation War.

Prosecutor: What did you do at Melaghar?

Witness: We took special Guerilla training. Then Major Haydar was the second man of Pakistan Commando Battalion.

Prosecutor: Then what did you do?

Witness: The type of our operation was ‘Hit and Run’. We were directed to attack our enemies.

Prosecutor: Then where did you return?

Witness: To participate in front war against the Pakistani Army with the direction of Mr. Haydar, along with 12, 13 & 14 no. Platoon, we reached Dhaka and made our operation. After reaching Dhaka, I came to know that, my immediate brother was arrested and they gave the condition that, “Give us Shahid, then you will be released”.

Prosecutor: Who are ‘They’?

Witness: They are the Pakistani Army and Rajakars. On the other side, my elder brother was also taken to Dhaka cantonment. Then, Mr. Advocate Jahir Uddin, in whose favor I worked at the time of election of 1970 and who was my father’s close friend, went to Dhaka cantonment and released my brother.

Prosecutor: After that, what did you do at Dhaka?

Witness: When we were participating in front fight, most probably it was the end of October, in accordance with the direction of Major Hayder, we placed our centre at Mohammadpur and Mirpur along with the ‘Mama Group’ (I was the leader of ‘Mama Group&#8217. And we had hidden at different places including Nosina, Ati and so on. We sought opportunities to attack the vehicles of Pakistani Army.

Prosecutor: Tell about your next activities.

Witness: On 16 December, 1971, along with approximately 93 thousand army members, the Pakistani authority surrendered.

The Graphic Arts Institute was the Head Quarter of Pakistani Armi. It and the Physical Training Institute of Mohammadpur, which were located on the way to Sat Masjid Road, Rayerbazar and were used as the torture centre of Pakistani Army. We attacked there.

Prosecutor: When?

Witness: During afternoon to dusk. At the evening, when we attacked the Graphic Arts Institute, the Khansenas left that centre and mixed with the Biharies of Mohammadpur. The remaining members went away to Mirpur.

Justice (Obaydul Hassan): You’ve stated earlier that they surrendered already.

Witness: Though they surrendered on 16 December, 1971, but the Mirpur area became free on 31st January, 1972.

The Biharis, Khansenas and Rajakars were motivated and along with Islami Chhatra Sangha, they created the wall of prevention. They also flew the flag of Pakistan. They declared, “You brought Bangladesh within 9 months, we again turn it into Pakistan.”

Prosecutor: Who are ‘they’?

Witness: They are Quader Mollah, Biharies and Rajakars. They are Nijami, Ashraf, Golam Azam.

Defense Counsel (Tajul Islam): My learned friend is insisting to utter the name.

Witness: At the wall of the Graphic Arts institute, there were marks of blood.

Justice (Chairman): You have many memories. Please tell those, which are relevant to our current case.

Prosecutor: What happened at Mirpur then?

Witness: On 14 December, the intellectuals of our country were killed brutally. On 17 December, I saw their dead bodies at slaughter-house of Rayerbazar. There were eyes of men packed in sacks.

We dag soil and interred those eyes. Then, were searching for the assailants. The Biharis confessed subsequently. We arrested many of those assailants, who were hiding at Mohammadpur. According to their confession, we identified thousands of dead bodies within the bricks of slaughter-house of Rayerbazar. They were the best sons of the nation. And, there was the symbol of inhumanity of the Rajakars and Al-Badars. Subsequently we asked their relatives about that inhumanity. They replied, the Al-Badar took them bending their eyes.

I couldn’t be normal listening and hearing those miseries, those cruelties. Then I went to action at Mirpur. I saw dead bodies fallen scattered in the field of Bangla College.

Justice: was this incident of 17 December, 1971?

Witness: Yes.

Then I went to my home. There was a lake beside our home. I saw dead bodies all through the lake and stink spread from those dead bodies. In my home, there were no doors or windows. All elements were looted.

I can’t finish telling this story of brutality. The continuity of this brutality ran till 1975 when Bangabandhu was killed with his whole family, till the murder of 4 national leaders, till the attack to Sheikh Hasina on 21st August. I expect the exemplary punishment of the concerned assailants.

[At the moment of telling these, the witness cried for a while.]

Prosecutor: Could you identify Quader Mollah if he were in the dock?

Witness: (seeing to the dock) I am watching nobody there! Off course I could identify.

After that, the Defense Counsels prayed for 2 days to prepare for cross examination. The Tribunal, prosecutors and witness himself wanted to continue the issue today. The Tribunal was adjourned till 3.00 pm.

 

[kobiraaz]

10 Jul 2012: Molla 2nd witness cross exam

Cross Examination of the second prosecution witness giving evidence, Syed Shahidul Haque Mama, in the trial of Quader Molla was undertaken by the Defence lawyer Ekramul Haque. The witness's testimony was given in the morning.

Justice A.T.M. Fazle Kabir said to the witness that the Defence may ask you many questions, but you should not be upset about it and please answer them properly.

Defence: The house that you mentioned you have in Mirpur, tell me the house number.

Witness: I have clearly mentioned it in my statement. The house number is 1/b, 1/16

Defence: You said that you were a student of class seven in 1971 in Mirpur Bangla High School, how old you were that time?

Witness: I did not say that I was a student of class seven. I said I was a student of Mirpur Bangla High School. Why don’t you do the counting of my age? My date of birth is 1/10/1953 or 54.

Defence: From 1962 to till now you are living in your house in Mirpur.

Witness: No, my brother lives in the house. I live abroad with my family.

Defence: From which year you are not living there?

Witness: From 1986, when my father died I left the house and the country.

Defence: None of your family member stay in your house in Mirpur

Witness: Yes. My son and daughter, all my family stay abroad.

Defence: As you lived there for long time, most of the people must know you by your name

Witness: Yes and by this time the whole world knows me.

Defence: From where did you pass S.S.C (Secondary School Certificate)?

Witness: In 1969 I was a S.S.C candidate from Mirpur Bangla Medium High School but could not appear in the exam. I passed S.S.C in the next year from the same school.

Defence: Where did you get admitted after that and when and from where did you pass H.S.C (Higher Secondary Certificate) ?

Witness: I got admitted in TNT College. I passed H.S.C from that college in 1972.

Defence: Then where did you do your BSC or BA?

Witness: In Dhaka University in 1973 as a student of Department of General History.

Defence: Were you staying in the hall as a residential student or you were staying in your house?

Witness: I stayed both in hall and in my house. I was a residential student of Mohsin Hall.

Defence: Tofaiel Ahmed was the G.S. of Mohsin hall.

Witness: No. Probably Miah Mostofa Ahmed from JASOD (Jatiyo Shamajtantrik Dal) party was the V.P. that time.

Defence: When did you complete your honours?

Witness: I could not complete my honours because of political rivalry.

Defence: What was the duration of the course?

Witness: 3 years.

Defence: Did you join anywhere after that?

Witness: Yes. I joined Bangladesh Biman in 1976.

Defence: How long did you work there?

Witness: Till 1986.

Defence: After 1986, you have started living abroad with you family

Witness: Yes.

Defence: Have you come to Bangladesh with Swedish Passport?

Witness: Yes.

Defence: When did you come to Bangladesh this time?

Witness: Probably on 26 January, 2012.

Defence: Have you come alone?

Witness: Yes.

Defence: The house you mentioned in Awlad Hossain Lane, do you still have it? Where are you living after coming to Bangladesh?

Witness: Yes, we still have that house. I am living in Rupnagar in my own apartment.

Defence: When you came to Bangladesh, have you met with your relatives and neighbours?

Witness: Yes.

Defence: When you were living in Mirpur, what was the proportion of Bangali and Bihari in that area that time?

Witness: 90% of people was Bihari and 10% was Bangali.

Defence: In 1969 to 1970 there were several political parties in Pakistan and Awami League was one the biggest parties. The other parties were – Jamat-e-Islami, Convention Muslim League, NAP (Vashani), NAP (Mojaffar), Communist party etc. right?

Witness: Yes.

Defence: The political party of the Bihari called ‘Anjumane Mohajin’ was established in 1970.

Witness: I did not say that and I don’t know when it was established.

Defence: My Lord, I am very sick today and for me it is difficult to proceed now.

Witness: My Lord, I object the fact that Jamat-e-Islami was the second biggest political party of that time. I did not fight to leave the country, my homeland, the country of my dream but i was bound to leave my country.

Justice A.T.M. Fazle Kabir : No, Ekramul Haque did not say that. He just named the political parties.

Witness: Then its ok.


Justice A.T.M. Fazle Kabir: As Prosecutor Witness 2 (Syed Shahidul Haque Mama) and Defence lawyer Ekramul Haque both are sick, the court is adjourned here today. The next hearing will be tomorrow morning at 10:30am.

10 Jul 2012: Molla 2nd witness cross exam

Cross Examination of the second prosecution witness giving evidence, Syed Shahidul Haque Mama, in the trial of Quader Molla was undertaken by the Defence lawyer Ekramul Haque. The witness's testimony was given in the morning.

Justice A.T.M. Fazle Kabir said to the witness that the Defence may ask you many questions, but you should not be upset about it and please answer them properly.

Defence: The house that you mentioned you have in Mirpur, tell me the house number.

Witness: I have clearly mentioned it in my statement. The house number is 1/b, 1/16

Defence: You said that you were a student of class seven in 1971 in Mirpur Bangla High School, how old you were that time?

Witness: I did not say that I was a student of class seven. I said I was a student of Mirpur Bangla High School. Why don’t you do the counting of my age? My date of birth is 1/10/1953 or 54.

Defence: From 1962 to till now you are living in your house in Mirpur.

Witness: No, my brother lives in the house. I live abroad with my family.

Defence: From which year you are not living there?

Witness: From 1986, when my father died I left the house and the country.

Defence: None of your family member stay in your house in Mirpur

Witness: Yes. My son and daughter, all my family stay abroad.

Defence: As you lived there for long time, most of the people must know you by your name

Witness: Yes and by this time the whole world knows me.

Defence: From where did you pass S.S.C (Secondary School Certificate)?

Witness: In 1969 I was a S.S.C candidate from Mirpur Bangla Medium High School but could not appear in the exam. I passed S.S.C in the next year from the same school.

Defence: Where did you get admitted after that and when and from where did you pass H.S.C (Higher Secondary Certificate) ?

Witness: I got admitted in TNT College. I passed H.S.C from that college in 1972.

Defence: Then where did you do your BSC or BA?

Witness: In Dhaka University in 1973 as a student of Department of General History.

Defence: Were you staying in the hall as a residential student or you were staying in your house?

Witness: I stayed both in hall and in my house. I was a residential student of Mohsin Hall.

Defence: Tofaiel Ahmed was the G.S. of Mohsin hall.

Witness: No. Probably Miah Mostofa Ahmed from JASOD (Jatiyo Shamajtantrik Dal) party was the V.P. that time.

Defence: When did you complete your honours?

Witness: I could not complete my honours because of political rivalry.

Defence: What was the duration of the course?

Witness: 3 years.

Defence: Did you join anywhere after that?

Witness: Yes. I joined Bangladesh Biman in 1976.

Defence: How long did you work there?

Witness: Till 1986.

Defence: After 1986, you have started living abroad with you family

Witness: Yes.

Defence: Have you come to Bangladesh with Swedish Passport?

Witness: Yes.

Defence: When did you come to Bangladesh this time?

Witness: Probably on 26 January, 2012.

Defence: Have you come alone?

Witness: Yes.

Defence: The house you mentioned in Awlad Hossain Lane, do you still have it? Where are you living after coming to Bangladesh?

Witness: Yes, we still have that house. I am living in Rupnagar in my own apartment.

Defence: When you came to Bangladesh, have you met with your relatives and neighbours?

Witness: Yes.

Defence: When you were living in Mirpur, what was the proportion of Bangali and Bihari in that area that time?

Witness: 90% of people was Bihari and 10% was Bangali.

Defence: In 1969 to 1970 there were several political parties in Pakistan and Awami League was one the biggest parties. The other parties were – Jamat-e-Islami, Convention Muslim League, NAP (Vashani), NAP (Mojaffar), Communist party etc. right?

Witness: Yes.

Defence: The political party of the Bihari called ‘Anjumane Mohajin’ was established in 1970.

Witness: I did not say that and I don’t know when it was established.

Defence: My Lord, I am very sick today and for me it is difficult to proceed now.

Witness: My Lord, I object the fact that Jamat-e-Islami was the second biggest political party of that time. I did not fight to leave the country, my homeland, the country of my dream but i was bound to leave my country.

Justice A.T.M. Fazle Kabir : No, Ekramul Haque did not say that. He just named the political parties.

Witness: Then its ok.


Justice A.T.M. Fazle Kabir: As Prosecutor Witness 2 (Syed Shahidul Haque Mama) and Defence lawyer Ekramul Haque both are sick, the court is adjourned here today. The next hearing will be tomorrow morning at 10:30am.