BANGLADESH NEWS
The ninth prosecution witness against BNP MP Salauddin Quader Chowdhury did not even mention him through his deposition at the first war crimes tribunal.
Witness Parag Dhar had steered so clear of the BNP policymaker that even the conducting prosecutor Zead-Al-Malum protested his witness' cross-examination.
The three-judge International Crimes Tribunal – 1, set up on Mar 25, 2010 to try crimes against humanity during the 1971 Liberation War, indicted the six-time MP from Chittagong for 23 charges on Apr 4.
Parag Dhar, who was only seven during the Liberation War said that Fazlul Quader Chowdhury, Salauddin Quader's father, headed the newly formed Muslim League at that time.
He said that there were many instances of lootings and persecution in places like Gohira, Jagatmallapara and Kundeshwari. This apparently prompted his parents to pack up and leave their village in Gohira.
Upon their return from Kolkata after the war, Dhar said his house had been looted. Their jeep had also been taken away. "We had heard that Fazlul Quader Chowdhury had led this looting."
Prosecutor Sultan Mahmud, who was conducting the deposition then asked, "Were any of his children involved?"
The entire defence team was up in arms in voluble protest pointing out that it was a leading question.
Tribunal chairman, Justice Mohammad Nizamul Huq said, "We are here and we are listening to what is going on."
He then told the prosecutor that it was a leading question and could not be put to the witness.
Sultan Mahmud rephrased. "Do you know anything further about the incident?"
But the tribunal chief stopped him. "Wait let me ask the question."
The tribunal chief asked the witness whether he knew anything and witness promptly replied with an emphatic, "No."
Sultan Mahmud then proceeded to redundant formality that the prosecutors regularly go through despite the tribunal assuring them that identification of the accused was not necessary when the person was such a public figure.
He asked the witness whether the accused man could be seen in the court. The tribunal intervened again saying, "But the witness has not even mentioned his name. He did, however, mention Fazlul Quader Chowdhury."
The defence counsel Ahsanul Huq then proceeded to cross-examine the witness with the tribunal stiffly reminding him that there must not be any irrelevant questions. "There must not be a single irrelevant question."
The defence counsel reassured the tribunal that he would ask valid questions.
It was only after Ahsanul Huq had established through his cross-examination that the witness knew one Nirmal Chandra Sharma, a previous prosecution witness, and his brother Sunil who Nirmal said had been shot dead by Pakistani soldiers in the presence of Salauddin Quader.
Parag Dhar said he knew the brothers, although he was not acquainted with Nirmal at a personal level. The defence counsel then asked Dhar when he visited India for the last time. "About three years ago."
"Did you meet Sunil then?" asked the counsel.
The witness said he had not at first. "But I don't really remember. I might have."
After another question, Zead-Al-Malum, the conducting prosecutor of the case stood up to protest the cross-examination.
"He was only a boy of seven, my lord. What is the relevance of this question?"
He also told the court that the witness had not even mentioned the name of Salauddin Quader Chowdhury in his deposition. "There is no point cross-examining the witness."
"We have heard you. Do sit down please," said Justice Huq.
Malum replied, "You can't force me to sit down."
"Then keep standing," said the tribunal chief and made to move on with the proceedings but Malum would not relent. "He is asking questions on Salauddin Quader's lawyer not his father."
The BNP leader's booming voice could be heard from the back, "Let's just say I am here on behalf of my late father."
Tribunal member Judge A K M Zaheer Ahmed said, "It is not really completely irrelevant. Let's just see where he goes with this."
"But can you really go beyond this, my lord?" asked Zead-Al-Malum holding up a blue bound volume, presumably his copy of the tribunal's act and rules of procedure.
"Perhaps, and please don't take it the wrong way, perhaps it would have better if the witness were not produced at all and we could have called it a day a little earlier," said the judge.
Ahsanul Huq resumed his questioning. "The incidents you referred to were all carried out by Razakars and the Pakistani Army, right?"
"So I heard," said the witness.
He then suggested, "That you say Fazlul Quader Chowdhury had been involved was because the investigation officer had told you to."
"Not true," said the witness.
That wrapped up another quick session of deposition and cross-examination in Salauddin Quader's case.
Ahsanul Huq concluded was done with his cross-examination with just two suggestions for the last witness.
Witness Parag Dhar had steered so clear of the BNP policymaker that even the conducting prosecutor Zead-Al-Malum protested his witness' cross-examination.
The three-judge International Crimes Tribunal – 1, set up on Mar 25, 2010 to try crimes against humanity during the 1971 Liberation War, indicted the six-time MP from Chittagong for 23 charges on Apr 4.
Parag Dhar, who was only seven during the Liberation War said that Fazlul Quader Chowdhury, Salauddin Quader's father, headed the newly formed Muslim League at that time.
He said that there were many instances of lootings and persecution in places like Gohira, Jagatmallapara and Kundeshwari. This apparently prompted his parents to pack up and leave their village in Gohira.
Upon their return from Kolkata after the war, Dhar said his house had been looted. Their jeep had also been taken away. "We had heard that Fazlul Quader Chowdhury had led this looting."
Prosecutor Sultan Mahmud, who was conducting the deposition then asked, "Were any of his children involved?"
The entire defence team was up in arms in voluble protest pointing out that it was a leading question.
Tribunal chairman, Justice Mohammad Nizamul Huq said, "We are here and we are listening to what is going on."
He then told the prosecutor that it was a leading question and could not be put to the witness.
Sultan Mahmud rephrased. "Do you know anything further about the incident?"
But the tribunal chief stopped him. "Wait let me ask the question."
The tribunal chief asked the witness whether he knew anything and witness promptly replied with an emphatic, "No."
Sultan Mahmud then proceeded to redundant formality that the prosecutors regularly go through despite the tribunal assuring them that identification of the accused was not necessary when the person was such a public figure.
He asked the witness whether the accused man could be seen in the court. The tribunal intervened again saying, "But the witness has not even mentioned his name. He did, however, mention Fazlul Quader Chowdhury."
The defence counsel Ahsanul Huq then proceeded to cross-examine the witness with the tribunal stiffly reminding him that there must not be any irrelevant questions. "There must not be a single irrelevant question."
The defence counsel reassured the tribunal that he would ask valid questions.
It was only after Ahsanul Huq had established through his cross-examination that the witness knew one Nirmal Chandra Sharma, a previous prosecution witness, and his brother Sunil who Nirmal said had been shot dead by Pakistani soldiers in the presence of Salauddin Quader.
Parag Dhar said he knew the brothers, although he was not acquainted with Nirmal at a personal level. The defence counsel then asked Dhar when he visited India for the last time. "About three years ago."
"Did you meet Sunil then?" asked the counsel.
The witness said he had not at first. "But I don't really remember. I might have."
After another question, Zead-Al-Malum, the conducting prosecutor of the case stood up to protest the cross-examination.
"He was only a boy of seven, my lord. What is the relevance of this question?"
He also told the court that the witness had not even mentioned the name of Salauddin Quader Chowdhury in his deposition. "There is no point cross-examining the witness."
"We have heard you. Do sit down please," said Justice Huq.
Malum replied, "You can't force me to sit down."
"Then keep standing," said the tribunal chief and made to move on with the proceedings but Malum would not relent. "He is asking questions on Salauddin Quader's lawyer not his father."
The BNP leader's booming voice could be heard from the back, "Let's just say I am here on behalf of my late father."
Tribunal member Judge A K M Zaheer Ahmed said, "It is not really completely irrelevant. Let's just see where he goes with this."
"But can you really go beyond this, my lord?" asked Zead-Al-Malum holding up a blue bound volume, presumably his copy of the tribunal's act and rules of procedure.
"Perhaps, and please don't take it the wrong way, perhaps it would have better if the witness were not produced at all and we could have called it a day a little earlier," said the judge.
Ahsanul Huq resumed his questioning. "The incidents you referred to were all carried out by Razakars and the Pakistani Army, right?"
"So I heard," said the witness.
He then suggested, "That you say Fazlul Quader Chowdhury had been involved was because the investigation officer had told you to."
"Not true," said the witness.
That wrapped up another quick session of deposition and cross-examination in Salauddin Quader's case.
Ahsanul Huq concluded was done with his cross-examination with just two suggestions for the last witness.
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