Chairman: Defence, what do you want to say about the Sayedee case?
Mizanul Islam: We were supposed to submit the defence witness list, and we are submitting it. And about Golam Azam's case I just would like to ask- Prosecution have not faced any questions after submitting 44 witnesses names, now why are we facing questions regarding submitting and maintaining the continuance of the 12 names this witnesses?
Chairman: Then the Prosecution has submitted the particulars of all witnesses; now you are asked to submit all the particulars of evidences of these 2939 witnesses.
Mizanul Islam: You are stating it angrily.
Chairman: No, I’m not getting angry. Submit the names.
Mizanul Islam: My Lord, now we have the names of 3 witnesses in our hand, we are producing those.
Masood Syedee, the 13th defence witness then came to the witness box to continue giving his evidence (see previous day)
The second copy of the case filed in the court of Chief Judicial Magistrate has not been collected because all the documents have been sent from there to the International Crimes Tribunal, so the photocopy is being produced. [With the objection of the Prosecution]Chairman: Okay the Tribunal will sit at 2:15 P.M.
The copies of the statements of witnesses Ayub Ali, Mofizuddin, Md. Mostofa Hawladar, Basudeb Mistri, Moksed Ali Poshari have been submitted and to be counted as the material exhibit number- W1 to W6.
This has been mentioned as the copy of the GR Case no- 156/2009. [With the objection of the Prosecution]
The photocopies of the pages- 669 to 676 of 7th volume of the ‘Shadhinota Juddher Dolilpotro’ edited by Hassan Hafizur Rahman have been produced to be counted as the material exhibit number- X.
The copy of the online edition of Daily Amar Desh dated 4th April, 2010 1st page- 6th column and 5th page- 1st column has been submitted to be counted as material exhibit- Y.
The work list of the International Sirat Conference- 1978 arranged by Islamic Mission, UK of 29th May, 1978 contains the name of Delwar Hossain Syedee on the second item as the ‘Darshe Quran’ would be counted as material exhibit number- Z.
The letter of request for VISA, dated 23rd June, 1986 to attend the religious meeting arranged by Islamic Council of North America would be counted as material exhibit number- AA.
The letter of request, dated- 5th August, 1986 by the Islamic Circle of North America towards the Canadian Embassy to issue a VISA to Delwar Hossain Syedee would be counted as the material exhibit number- AB.
The letter of request dated 7th May, 1987 by Islamic Society of North America towards the American Embassy to issue a VISA to Mr. Syedee would be counted as the material exhibit number- AC.
The photocopy of the invitation letter to attend the Annual Conference arranged by Dawatul Islam, UK & Ireland would be counted as the material exhibit number- AD.
The invitation letter to attend the Int. CIRDAC conference dated 10th May, 1978 by UK Islamic Mission would be counted as material exhibit number- AE.
The invitation letter to attend several meetings and conferences of Jame Masjid & Islamic Centre, UK would be counted as material exhibit number- AF.
The invitation letter to attend the annual conference of Sawatul Islam, UK & Ireland dated 28th June, 1985 would be counted as material exhibit number- AG. Another photocopy of the invitation letter dated- 2nd June, 1988 from the same organization to attend the annual conference would be counted as the material exhibit number- AH. Another photocopy of the invitation letter from the same organization dated 30th June, 1980 to attend the annual conference would be counted as the material exhibit number- AI.
The photocopy of a book named ‘The History of Pirojpur District’ accomplished by Pirojpur District Association is submitted here and marked as exhibit- AJ.The photocopy of a document named ‘The document of freedom fight of Bangladesh’ which is created by Hasan Hafizur Rahman, volume- 10, pages 435-441 is submitted here and marked as exhibit AK. Here the interview of Shamsul Alam Talukder (DW-1), 2nd in commander of sector 9 is depicted.The photocopy of birth registration card of Mr. Khalilur Rahman (a prosecution witness) is submitted here and marked as exhibit AL along with it the photocopy of the voter list where his name (Khalilur Rahman) is written is also submitted here and marked as exhibit AL1.(With prosecution’s objection).The photocopy of the birth registration card of Matowara (elder sister of Mahbub Alam, PW-1), daughter of Jamal Uddin Jamir, village- Chortengrakhali is submitted here and marked as exhibit AM. (With prosecution’s objection)The photocopy of the list of VGD beneficiaries of village Jiyanogor, district Pirojpur where in the serial no- 226, the name of Rina Begam wife of Mahbubul Alam (PW-1) is written and it is submitted here and marked as exhibit AN. (With prosecution’s objection)The photocopy of a report whose headline is, ‘Prokrito Muktijiddhar Shonkha Ajo Nirdharito Hoini (the exact number of real freedom fighter yet to be decided) published in ‘Doinik Bangladesh’ dated 11/12/2011 in first page is submitted here and marked as exhibit- AO.The photocopy of the voter list where in serial no- 00036, the name of Gouranga Chandra Saha is reported is submitted here and marked as exhibit AP.
The next item was the photocopy of a register book where there is the name list of prosecution witnesses who were came and rest in ‘Safe House’ in Golapbag, Dhaka (a residence place for prosecution witness). After presenting the item the Tribunal chief said that you have to tell from where you collected this item.
Mizanul Islam said that these documents will show that the 19(2) prosecution witnesses were in the custody of the investigation agency; that although the prosecution told the tribunal that these witnesses were unavailable in fact they were available, and that as a consequence the tribunal received in evidence the statements of these prosecution witnesses alleged to have been recorded by IO.
The chairman said that if Masud Sayedee wants to exhibit these Safe House documents then he must say where from he has collected them. We will ask him question.
Mizanul Islam said that the tribunal can ask this question. So the chairman asked him and the witness replied that on 12th April 2012 a report was published in the Daily Amardesh about the Safe House. Then I contacted with the news reporter Mr. Noman and collected these documents from him.
Judge then said that Abdur Razaque, when Tribunal was able to impose an order concerning these article apologies on their behalf and said that it would not happen again but subsequently the same daily and the same reporter did the same controversial activities. Now let the reporter come in the Tribunal and make his own deposition
The chairman said that we will not exhibit this document through this witness as he does not have personal knowledge about these documents. According to rule 54(1) the maker of the document or the person who have collected it from the maker can only exhibit a document.
Islam responded by saying that at the time of exhibiting certain prosecution documents the defense had argued this point referring to Rule 54(1) as the prosecution witness who was exhibiting the document was neither maker of the document nor had he collected it from the maker of the document, that the person had no personal knowledge about the document. But at that time you told us that the word ‘document’ should be read as ‘manuscript’ and told us that Rule 54(1) was only applicable for signed statement of a person. Now you are changing your position.
The chairman said you should not exhibit these Safe House Registers through this witness. He is son of the Accused. Why you are putting him at risk by exhibiting these documents. You should think about this.
Razzaq then said that section 19(1) provides that you should not be concerned about the techniqualities. These Safe House Registers have probative value. So you should exhibit them.
Mizanul Islam then said that the defence will think about this and might exhibit this document tomorrow.
The chairman said ok, and put the issue of the safe Hosue Registers to one side and proceed on.
The witness then continued deposing.
The photocopy of temporary allotment letter for the flat of housing estate of Mohhamadpur/Mirpur, issued in 02/06/98 in favor of Md. Mizanur Rahman (prosecution witness) which was issued from the office of commission of settlement, Ministry of Public Works is submitted here and marked as exhibit AQ. (with prosecution’s objection).The photocopy of debarred list of the Degree (Hons) Examination of 1976 held in April, July and August, 1978 in which in serial no-352, where the name of Ruhul Amin son of Alhajj Siraj Uddin is depicted is submitted here and marked as exhibit AR.
The photocopy of certified copy of complaint filed by Abdul Hakim Hawlader in the court of Magistrate of Pirojpur Upozila which is submitted here and marked as AS along with it the photocopy of the investigation report against the complaint is submitted here and marked as AS1 and the photocopy of the order of that Magistrate regarding the complaint is also submitted here and marked as AS2.The photocopy of the FIR arising out of GR case no 120/1990, the Order sheet and the certified copy of the complaint are submitted here and consecutively they are marked as AT, AT1, AT2.The photocopy of the tri-lateral treaty between Bangladesh, India and Pakistan dated 09/04/1971 depicted in ‘The document of Bangladesh 1971 is submitted here and marked as AU.