Today the Tribunal heard matters in the following cases:
- Chief Prosecutor vs. Motiur Rahman Nizami
In the case of Motiur Rahman Nizami, the Defense conducted the cross-examination of Tohurul Alam Mollah, Prosecution witness 20. Thereafter the Tribunal adjourned the proceedings of the case until tomorrow, 10 September, 2013.
Cross-Examination of PW-20
The Defense asked the witness when he came back to Iswardi after the liberation war. The witness replied that they came back on 31st December 1971. The Defense asked the witness several questions including when Iswardi was liberated, under whose leadership, where the camp was set up after the war, and who the leader of that camp was. The Defense aimed to create doubt as to whether the witness was actually a freedom fighter. The Defense claimed that after 19 December 1971 many people who were against independence were killed and arrested. The witness admitted that. The Defense claimed that among those people who were arrested were individuals accused of killing people at the Iswardi Central Mosque. The witness admitted that as well. The Defense claimed that among those arrested were individuals accused of committing arson in the Iswardi area. The witness denied that. The Defense asked the witness whether any legal case was filed regarding the killing, looting or arson attacks in Iswardi. The witness replied that he did not hear anything about such a case. He additionally testified that some people who opposed independence surrendered to the Indian Army. The Defense asked the witness what happened to those people who surrendered. The witness replied that they were sent to the jail but could not remember any specific names except for Khodabox. The Defense asked the witness whether anyone prevented him or his peers from filing a case regarding the killing of his father Mazzem Hossain and maternal uncle Habibur Rahman. The witness replied no.
The Defense asked the witness whether he is a member of Muktizuddha Shangshod. The witness replied that he is the Finance secretary of Muktizuddha Shangshod. The Defense asked the witness about the politics and political parties of 1970. They also asked the witness about Tipu Biswas of Nakshal. The Defense claimed that comrade Baten of Nakshal was the Al-Badr commander. The witness replied that he does not know such details. The Defense then asked the witness whether he knew Baten, which the witness denied. The Defense claimed that in the 1970 National Provincial election in the Iswardi and Atghatia areas (Pabna-11) the Awami League candidate Amin Uddin was elected and his nearby candidate was Eusuf Ali, who participated in the election without the nomination of any political party. The witness admitted that. The Defense claimed that the Jamaat candidate received less than 1000 votes in that election. The witness replied he does not know. The Defense asked the witness about the number of Biharies who resided in Pabna-11 area. The witness replied ten thousand. The Defense asked the witness for the names of the secretary of the Muslim League, Peace Committee, Muzaffar Nap and Awami League. The witness said he could not recall. The Defense also asked the witness several question about his familiarly with student politics of 1971 in Pabna area.
The Defense asked the witness about the polling center of Iswardi Bihari para. The witness replied tha tit was located at Nazim Uddin High School. The Defense claimed that Awami League won at that polling station in the 1970 election. The witness admitted that. The Defense claimed that after 7 March 1971 there was a conflict with Biharies in the area. The witness denied that. The Defense claimed that from 7 March to 25 March 1970 the killing of Biharies took place in the Iswardi area. The witness replied that no such killing took place in the areas but stated that some killing of Biharies happened in the Pakshi area due to personal enmity. The Defense claimed that due to the killings the Bihari community brought the Pakistani Army into their area beginning 1 Boishak (a month in Bengali year). The Pakistani Army committed destruction and killings in the area. The witness denied this but admitted the Iswardi Central mosque was within the Bihari populated area.
The Defense claimed that in his initial interview with the Investigation Officer the witness did not allege that he learned about the killing of his uncle, Habibur Rahman, from a Bengali Family located 10/15 feet from the office of Khodabox. The Defense claimed that the alleged incidents of 13 or 17 April did not take place. The witness denied these suggestions. The Defense claimed that the witness is an activist of Awami League and Chhatra League (student wing of Awami League) and is therefore providing false testimony against Nizami. The witness denied that as well.