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Stalemate in the cross-examination because of difference of opinion among three Judges: Cross-examination of Investigation officer continues in the case of Moulana Sayedee
Wednesday, 30 May 2012
Difference among the judges of the tribunal had been seen when the advocate for defence interrogated the Investigation officer as to one part of the “Associates of Pakistan Army 1971” written by Shamsul Arefin quoting the report of “The daily Janakantha” of March 05, 2001. Justice Anwarul Hoque said to Advocate Mizanul Islam, “lawyer of defence to be precluded from interrogating on such issue as “the book was not exhibited. So no question can be made on that book”. Another member of the Tribunal, Zaheer Ahmed said dissenting from Anwarul Hoque, “Since the investigation officer said that he had dissected the book, so if anything is related to Moulana Syedee, Defence lawyer can question on that issue and the defence has such right to cross-examine on that issue”. Three Justices were discussing among themselves on this matter for half an hour. After discussion stopping the cross-examination, such three justices were not able to be in one point. Advocate Mizanul Islam agreed with Justice Zaheer Ahmed and showed the necessary logics and the prosecution Syed Haider Ali agreed with Justice Anmwarul Hoque. Later on, Chairman of the Tribunal gave the decision that since the investigation officer said that he had dissected the book, so if the information relating to part involving Moulana sayedee can be interrogated by the defence lawyer, if it is not permitted the accused interest will be prejudiced. After the decision of chairman, Prosecution Syed Haider Ali showed logics for not cross-examining but the chairman of the tribunal was blatant in his decision then the cross-examination continued again. But the cross-examination could not continue for more times because Advocate Mizanul Islam felt ill. Investigation Officer gave information in the cross-examination that Moulana Delwar Hossain Sayedee stayed Saudi Arabia from 1971 to 985 and that Investigation officer informed in deposition that Moulana Delwar Hossain Sayedee was hid after liberation war of 1971 in Khulna and Jessore respectively. Investigation by the Investigation Officer is questioned because of the dual statement of the Investigation officer in two times. Advocate Mizanul Islam was assisted by Adovcate Monjur Ahmed Ansari and Advocate Abu Baqr Siddiuqe.
Investigation Officer Mohammad Helal Uddin was cross-examined for 12th days by the defence lawyer. Cross-examination continued from 2 pm to 2.45 pm. The description of cross examination is the following:
Question: The first publication of the book titled “Associate of Pakistan Army 1971” was December 2008 and the second publication of this book was February 2009.
Answer: Yes.
Question: This book contains the accusations of 44 persons.
Answer: Yes.
Question: There is no relation with the cases among those 43?
Answer: Yes.
Question: When you had the information as to this book?
Answer: 22/7/2010 and I dissected on that day.
Question: When had you seized “The Daily Janakantha” of 5/3/2001(exhibition 6)?
Answer: 25/7/2010
Question: Whether had you submitted this newspaper under the custody on that day?
Answer: Yes.
Question: Had the same newspaper been shown as (exhibition 122) and shown as seized on 24/3/2011?
Answer: It was seen as series newspapers.
Question: “The Daily Janakantha” of Marcch 25, 2001 was submitted as seizure exhibition-7 seizing it as exhibition 6 and at the time of seizing the same newspaper again (exhibition 122) the previous exhibition was cancelled.
Answer: Yes.
Question: Had the same Newspaper of same day was seen in the exhibition-6 and exhibition-122?
Answer: Yes   
Question: Did you any have any idea about other newspaper when you have seized “The Daily Janakantha” of 5/3/2011 on 25/7/2001?
Answer: Yes, I had no idea.
Question: Was the newspaper same exhibition 8 and exhibition-128?
Answer: Yes.
Question: The newspaper contains 13 opinions and whether these opinions had been provided by the newspaper or had been collected by you.
Answer: Such opinions were in the Newspaper and I have decorated these opinions.
Question: Whether had this report been prepared by one journalist or decorated from various newspaper report and had you dissected information collecting from the authority of “The Daily Janakantha”?
Answer: I did not go to dissect the information to “The Daily Janakantha”.
Question: Did you not investigate who was the journalist of Phirozpur as per mention of the newspaper?
Answer: I investigated and the name of him is Shafiul Hoque Mithu.
Question: Is he alive?
Answer: Yes.
Question: You did not interrogate him and make him witness?
Answer: No.
Question: Had you dissected the similarity and dissimilarity between the information of book titled “Associates of Pakistan Army 1971” and the report of “The Daily Janakantha” of March 5, 2001?
Answer: I did not compare with the book and did not comparative observation.
Question: In deposition of 13/04/2012 you said, Sayedee fled away after liberation war and the book titled “Associates of Pakistan Army” mentioned in page no. 36 that he fled away Saudi Arabia after liberation war and returned to Bangladesh in 1985?
Answer: Yes, it had been mentioned.
Question: This book contains three different months related to Sayedee?
Answer: Among three months 6 month (June), 8 month (August) and nine month (September).
Question:  In nine month, the incidence of looting the shop of Narayon Saha and Makhon Saha?
Answer: Yes.
Question: In 8 month, the incidence of Pogal Krishna and Pak Army?
Answer: Yes, as per the quotation of “The Daily Janakantha”.
Question: Are any information as to the killing of Brother of Himangshu Babu Gonopati Halder, Educative personality Anwar Hossain, Nurul Islam Khan and EPR Subedar Abdul Aziz?
Answer: All are the quotations from “The Daily Janakantha”.
Question: Had you mentioned the name of Advocate Ali Haider Khan, Advocate Abdur Razzaq, Ala Uddin Khan Cahirman of Parer Hat union and Anwr Uddin Ahmed?
Answer: It had been mentioned in this book.
Question: Had you not made any investigation as to these matters?
Answer: I investigated but did not give any opinion.
Question: From whom you had seized “The Daily Janakantha” exhibition-6?
Answer: Rabiul Alam Khan, Cataloguer, PIB.
Question: How had you known that the copy of “The Daily Janakantha” was available in PIB?
Answer: All newspapers are reserved in the PIB and from such idea I went there and seized this copy of “The Daily janakantha”.
Question: Had you collected all newspapers from PIB which you had collected?
Answer: No, I seized from other sources also.
Question: The publication of “The Daily Janakantha” was first started on February 21, 1992?
Answer: I do not have any idea
Question: the newspapers published in 1971 the daily Ittefaq, Sangbad, Doinik Pakistan, Azad, Sanmgram, Pourbo Desh, Poigam, The Daily Observer and Dhaka Times.
Answer: I do not have any idea as to Dhaka Times but other newspapers were published from Dhaka.