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BANGABANDHU MURDER CASE

Verbatim Text of Cross Examination of Fourth Prosecution Witness
(Continued from Thursday)
Following are the excerpts from cross examination of Hav-ilder (Retd.) Mohammad Qud-dus Sikder by Abdur Rezzak Khan, defence counsel for accused Hon Capt (RetdJ < Abdul Wahab Joardar. held on July 31 (Thursday).
Q: You have been regularly drawing your pension after your retirement in March. 1981?
A: Yes.
Q: You have a permanent residence in Dhaka?
A: Yes.
Q: You have been staying in Dhaka permanently after your retirement?
A: I have a permanent residence in my village home as well and 1 stay both in Dhaka and in the village home.
Q: You did not come across any political leader or worker, nor any local or foreign Journalists after August 15. 1975 and did not tell anything to them about the incident.
A: It is true.
Q: In the same way, you did not give any statement to any military or civil law enforcing agencies before making statement to the CID,
A: True.
Q: The FIR of the case was lodged on October 2. 1996 and it was published in the newspapers.
A: 1 heard about it.
Q: Newspapers also published that the Bangabandhu murder case will begin.
A: I came to know about it after coming to the CID office. Before that I did not know about it.
Q: Many people related to the killing of Bangabandhu were arrested in different times after the present government assumed power. Those also came in the newspapers.
A: Yes. I have seen those.
Q: As per army act if an army person kills someone, or loots any valuables, then he will face court martial.
At this stage prosecution objected. saying that it is an opinion and absolutely a legal matter.
A: Court martial will take place if there is any complaint.
Judge Kazi Golam Rasul wanted to know whether court martial is applicable for an army person on duty and what will happen for the army man who is on leave and if he commits any civil offence.
In reply. Advocate Abdur Razzak Khan said court martial will take place in those situations also. The option is of the army.
Judge Kazi Golam Rasul said the court took opinion from the army before going for the trial on whether trial of the army personnel accused could be held in this court or not. Army in writing said that they do not have any objection, he said.
Q: A court of enquiry takes place if any army personnel on duty is killed or become injured.
A: Yes.
Q: You did not give any evidence to any court of enquiry.
A: True.
Q: You have given your statement to the IO on 4.11.96.
Q: How long did It take for the IO to record your statement?
A Five to six hours.
Q Did the IO read the statement for you after recording it?
A: Yes.
Q; You told him what you knew?
A: Yes.
Q: You were in hiding after the newspapers started publishing news about the Bangabandhu murder case before the case was filed.
A: I did not go into hiding.
Q: You were at your residence in Dhaka?
A: Yes.
Q: You can't say why the IO took your statement after one month and two days of filing the case.
Prosecution raising objection said how the witness can give the reply of the IO.
Q: Did you request the IO to make you an approver of the
Prosecution lawyers raised objection and the judge also said that it will not be recorded.
Q: What was your last drawn salary before your retirement as havilder in 1981?
A: 750 Taka.
Q: Your investment was Tk 20 lakh for construction of your two-storey house in Mlrpur.
A: It is not true.
Q: Was the plan approved?
A: No.
A: What is the plinth level of your house?
A: 700 sq. ft.
S: Did you purchase any in your village home after your retirement?
A: No.
Q: When did you open the grocer’s shop?
A: Last year.
Q: You have constructed the house at Mlrpur and purchased the land with illegally earned money and ornaments.
A: It Is not true.
0: What is the technical word for the guards, who carry their duty at night at the President's or Prime Minister's house — tactical duty or ceremonial duty.
A: Alert duty.
Q: There is nothing called tactical or ceremonial duty in army.
A: There are such duties.
Q: How long were you under the command of Abdul Wahab Joardar (accused Hon Capt Joardar) after you returned to the country from abroad?
A: From December. 1973 till December 1975 or January, 1976.
Q: In July, 1975 a company, belonging to the same regiment, came to Dhaka from Comllla to perform duty at the instruction of the higher authority. And you were under Joardar's command.
A: Yes.
Q: The regiment headquarters was in Comllla and duty and posting of Joardar was in Comllla although the company was in Dhaka.
A: Yes. The company consisting of 105 soldiers under the command of Captain Abul Bashar. Joardar came to Dhaka along with us, but he went back to Comllla for a day and came back. He (Joardar) was not transferred to Dhaka, it was a temporary posting.
Q. The salary for the company was to be disbursed from Comllla.
A: The salary used to come from Comllla.
Q Who was the Commanding Officer?
A: Lt Col Syed All Asgar.
Q: Who was in charge of the company?
A: Capt Abul Bashar.
Q: Capt Bashar’s office was in Ganabhaban?
A: Yes.
Q: Who was the second in command of the company?
A: Subedar Kabir.
Q He (Kabir) used to do his office with Capt Bashar in Ganobhaban?
A: Yes.
Q: You along with 25 soldiers used to stay at a house in Road-31 and duty of rest 80 personnel of the company was controlled by Capt Bashar.
A: Locally. Naib Subedar Abdul Motaleb used to command the guards on duty at Banga bandhu's residence and Subedar Kabir was in command of 80 soldiers in Ganobhaban and Captain Bashar was in overall charge.
Q: There was accommodation for the 80 soldiers of the company and of the officer at Ganobhaban.
A: From sepoy to subedar had their accommodation, but I don't know about the officer.
Q: There was a jeep and a truck for use of the company.
A: There was a jeep for the Captain, but the truck which brought us to Dhaka left.
Q: There was a driver for the Jeep?
A. Yes. an army driver.
Q: Did you remember his name?
A: No, I can’t.
Q: There was a truck for the company and there was also a driver for that truck.
A: I don't know.
Q: The record of duty of army guards was maintained at Ganobhaban and at the house in Road-31.
A: Yes.
Q: The record of issued arms and ammunition was also kept in both the places.
A: Yes.
Q: You have said that it took five to six hours for the IO to record your statement. But you did not tell him the names of seven of your associates who were with you to join the duty at 6 am.
Prosecution interrupted, saying the time was 5 am.
A: I could not remember the names at that time.
Q: You were to take your charge from the previous guard commander Havilder Gani and that group also stayed there till 6 am. You did not also say their names to the IO.
A: I told the IO about few of them.
Q: Can you name them?
A: Naik Abdul Jalil, sepoy Sohrab Hossain and Havilder Gani and I couldn't recollect the name of others.
Q: You did not tell the name of others except Gani.
Prosecution lawyers raised objection, saying that there can't be interrogation on interrogation.
Q: Did you tell the IO whether you met Gani or any one of the soldiers of his group during or after the incident, or on that day?
A: I told him.
Q: Did you tell the IO that Kou met Capt Bashar at the ouse on the day of occurrence?
A: Yes. I told him. UNB (To be continued)