Today the Tribunal heard matters in the following cases:

1. Chief Prosecutor vs. Mobarak Hossain

Today in the case against Mobarak Hossain the Tribunal recorded the testimony of Nani Gopal Mallik, Prosecution witness 7. Nani Gopal Mallik testified in support of charge 2. Then the Defense Counsel cross-examined Nani Gopal Mallik. The Tribunal then adjourned the proceedings of the case until 26 August 2013.

Examination-in Chief
Nani Gopal Mollik, Prosecution witness 7, testified that in April 1971, during the liberation war, he and between 100 and 150 people led by Abdul Kuddus Makhon went to India for training as freedom fighters. After his returning to Bangladesh he was tasked with following and reporting on about the activities and movements of the Razakars and Pakistani Army of Akhawra. In August he found out that Razakar Mobarak Hossain had vandalized the statues of Brahmanbaria Kalimondir (a temple), changed the name of Kalimondir which was ‘Anandamoye Kalimondir’ and replaced it with the name ‘Razakar Monjil’. Mollik testified that Razakars also looted the houses of Hindus in the the adjacent areas. He testified that in October Ashu Ranjon Deb was apprehended from Suhilpur and was taken to Kalimondir and tortured there. After being tortured he was taken in the bank of Kurulia canal and killed there. Mollik testified that after Brahmanbaria was liberated he went to Kalimondir where he found that the statues of the temple had been broken. Mollik acknowledged that he was previously interviewed by the Investigation Officer and identified Mobarak in the dock. Mollik further said that Mobarak had no beard at the time of the alleged crimes.

Cross-Examination
The Defense asked the witness whether he was present to witness the alleged destruction of the statues at Kalimondir. The witness replied that he was not present at the spot but after the destruction he visited the temple. The Defense asked the witness about the route he used to go to India. The witness replied that he went to India by air. Defense asked the witness about the name of the airport where he landed. At first the witness replied that he does not know, then said Agortola Airport. The Defense claimed that the name of the airport was Loknath International Airport. The Defense asked the witness whether he had any documents to show that he was in fact a member of the intelligence force. The witness replied that he provided his documents to the Investigation Officer.

The Defense asked the witness who the SDP and OC of Brahmanbaria were at the time of the alleged crimes. The witness replied that he cannot say. The Defense then asked the witness whether he used to read newspapers. The witness replied he did. The Defense then asked the witness whether he read the name of Mobarak in any newspapers or books. The witness replied he did not. Defense asked the witness how many Razakars were present at the spot at the time of the alleged destruction. The witness replied that 15 or 20 Razakars were there. Defense asked the witness to name 5 Razakars who were present at the spot and still alive. The witness replied that he cannot recall the names.

During examination-in-chief, the witness testified that Razakars also looted the houses of Hindus of the adjacent areas. The Defense asked for the names of those whose homes were looted. The witness replied that the houses of Modon, Haripad Banik and Akhil Das were looted. The Defense asked whether the witness had any document proving that he is a freedom fighter. The witness replied that he showed all his documents to the Investigation Officer. The Defense then asked whether the victims of the alleged looting filed any legal cases regarding the events. The witness replied ‘no’. The Defense claimed that the statues of the alleged temple were actually made of clay. The witness denied the suggestion and replied that the statues were made of stone.

 During examination-in-chief, the witness testified that in October of 1971 Ashu Ranjon Deb was apprehended from Suhilpur and was taken to the Kalimondir and tortured there. After being tortured he was taken in the bank of Kurulia canal and killed there. Defense asked the witness about the village of Ashu Ranjon Deb. The witness replied that he was from Bhoyrob. Defense asked the witness about the siblings of Asu Ranjon Deb. The witness replied that he does not know their names. The Defense claimed that except for members of the Pakistani Army and Razakar forces no one was allowed to go to Anandamoye Kalimondir. The witness denied that.

The Defense asserted that today was the first time the witness had seen Mobarak and that he was only able to identify him because he was the only person sitting in the dock. The witness admitted that Mobarak was the only one in the dock but again claimed that he had seen Mobarak previously. The Defense asked the witness whether he studied with Mobarak in the same school or had ever met with him. The witness replied no.

The Defense asserted that the witness did not allege that Mobarak Hossain vandalized the statues of Brahmanbaria Kalimondir (a temple) during his original interview with the Investigation Officer and that he is fabricating his testimony now. The witness replied that he made the same allegations to the Investigation Officer.

Defense claimed that the witness had no passport. The witness admitted that. The Defense asked the witness whether he had any documents in support of his claim that Mobarak was a Razakar. The witness replied that he does not have any such document. Defense claimed that the Prosecution tutored him to give false testimony accusing Mobarak in the false case. The witness denied that.