Defence counsels continued cross-examining Naeb Subedar (retd) Abdul Gani, prosecution witness In Bangabandhu murder case, on Wednesday. July 7.

Following are excerpts from cross-examination by state defence for absconding accused Defadar (retd) Marfat All:

Q : Your duty was supposed to be completed at 6 am. Why did you want to hand over the charge one hour before?

A : Nayeb Subedar Abul Mo-taleb told us in the night that Bangabandhu would go to universify on the following morning. So he asked us to hand over the charge one hour before.

Q : Where did you meet Captain Abul Bashar at 11 am on August 15?

A : He had come to the house of Bangabandhu before the Jumma prayers. I met him there.

Q : Did Captain Bashar ask you to file an FIR?

A : No. he didn't.

Q : Didn't you feel the necessity of filing an FIR?''

A : No, I didn’t as I was not an heir of that house.

Cross-examination by advocate Krishnapada Bhoumik. state defence for absconding accused Major (retd) Mohiuddin

Q : Did you make any statement to police before giving deposition to the court?

A : I made a statement to IO of this case.

Q : What do you mean by the word IO?

A : Police investigator of this

Q : Did the IO go to you or

you went to him?

A : I went to him after I was informed by police

Q : What did he want to know from you?

A : He wanted to know what had happened at the house of Bangabandhu.

Q : Was it not enough to describe the incidents that occurred at that house from 4 am to 7 am on August 15?

A : He wanted to know everything that happened until I went to Comilla after the Incident.

Q : You did not come from Pakistan army on leave, rather you fled and never joined Bangladesh army.

A : This is not true.

Q : You couldn't recognise the attackers as they were masked with black clothes.

A : Not correct.

Q : You didn't know any army officer named Mohiuddin.

A : I knew him. Mohiuddin of the Lancer had briefed us on our duties at Ganobhaban.

Q : You gave a false witness against him.

A : Not true.

Examination by advocate Abdul Wahed, state defence for absconding accused Major (retd) Sharilul Haq Dalim:

Q : To whom you had surrendered the weapon used during the Liberation War?

A : Lt Col Gias saheb.

Q : When were you promoted to havilder?

A : In March. 1972.

Q : Was Subedar Major Abdul Wahab Joardar an officer of your 105-men company?

A : He was, nut an officer of our company.

Q : Who had come to the house of the President from G am on August 14 to G am on the following day?

A : I didn't see any outsider when I was on duty. I didn't sec any civilian coming there.

Q Did you see you renowned personalities from home or abroad during the time?

A : I didn't see anyone excepting those who had come for the killings.

Q : You mentioned that two force personnel were killed on the day. Can you mention their names?

A : Killed Shamsuddin and injured Mofazzal.

Q : When were you promoted to nayeb subedar?

A: 1.1.1976. '

Q : You were awarded the promotion for your role in the incident on August 15?

A : This is not true.

Q : Who did discharge the charge of one field regiment in absence of the CO?

A : The next senior officer.

Q : If he was not available?

A : The next senior officer.

Q : Is it called the chain of command?

A: Yes.

Q : Who did command the company in absence of Captain Bashar?

A : Subedar Kabir saheb.

Q : Obeying orders of any officer outside your company is the violation of rule.

A : We were used to carry out the orders of any senior officer if he came.

Examination by the state defence for absconding accused Lt (retd) Nazmul Hossain Ansar :

Q : When did you Join the Liberation War?

A : I can't recall the exact date.

Q : When did Captain Bazlul Huoa come to Dhaka?

A : I don't know the accurate date.-However, it was after Major Sharlful Haq Dalim was out from the service.

Q : When was Major Dalim out from the service?

A : i can't remember the date, but Iwfore Bangabandhu was killed.

Q : Did you receive any bullet wound during the incident?

A: No.

Examination by state defence for absconding accused Capt (retd) Kismat Hashem :

Q : Was there any rule under which you had to stay even after handing over your charge to the next man?

A : No. Wc left the place after handing over the charge.

Q : Then why did you stay there after handing over the charge to Havilder Quddus?

A : I couldn't hand over the charge.

(This concluded cross-examination by state defence).

Cross-examination of PW 5 Naeb Subedar Abdul Gani by Abdur Razzak Khan, defence counsel for Hon Capt (retd) Abdul Wahab -Joardar.

Q : You live in village. Do you read newspapers?

A : Not regularly.

Q : Did you learn that

Bangabandhu murder case is to be filed?

A : Yes.

9 : Did you discuss with other guards at the CID office where and how to make deposition?

A : On being informed. I gave my statement at the CID office.

9 : Those of you claiming as guards who haa been posted at the Bangabandhu's residence did not discuss among your-

A : No.

0 : Havilder Quddus lives at Mirpur section-13 and he has a house there.

A : I don't know.

9 : How did CID come to know that you were a guard at the Bangabandhu's residence?

A : How can I say anything about which I have no knowledge.

9 : When you came to Dhaka to Join the duty at Bangabandhu's residence, did you bring your ammunition from Comilla or those were supplied from Dhaka Canton-. mcnt?

A : The NCO in charge of ammunition brought those from Comilla and he also came along with us to Dhaka.

9 : Was the NCO in charge of ammunition under All Ansari, the CO in Comilla?

A : Yes.

9 : Have you ever fired? Do you have any experience about ammunition?

A : Ive fired many a time — during training, test firing and during the War of Liberation, but I don’t have experience about ammunition because that's a technical matter.

9 : Do you have experience about firing?

A: Yes.

9 : When ammunition were distributed to individual soldiers as per army rule, you need to take the ammunition signing on a register.

A : We need to put signatures on the register whenever we receive ammunition.

9 : Did you say to the IO that you had 1,000 rounds of bullet with you on the day of occurrence?

A : Yes. I did.

9 : Did you say to the IO that the ammunition were kept in the guard room at the Bangabandhu's house and never taken to Road-31.

At this stage, the prosecution side raised objection saying that there cannot be any cross on the cross-examination.

9: Did you tell the IO that you narrated the incident to Capt Bashar and Subedar Mo-tale b on August 15 morning?

magazines're -main witB, tach guards on duty?

A: One magazine remain fixed with the arms, but ammunition kept in pocket.

9: Each guards have twenty bullets with them.

A: No. each guards have 10 rounds of bullet with them.

9: At the time of incident, B>u were In total eight people, ow many were there till 6 am on August 15?

A: All eight of us were together till 5 am on August 15. but one went inside the Bangabandhu's house out of fear

when the firing started.

Q: Naik Afzal Hossain was in charge of distribution of ammunition at the road-31 camp.

A: Yes, he was in charge of distribution and also used to take deposit.

Q: You have said that Subedar Major Abdul Wahab Joardar came at around 4:15 am and the situation was clam at that time.

A Yes.

Q: Did you tell him that, the ammunition were new and those were issued from Comilla only 14/15 days back?

A: I didn't tell him that. He wanted the ammunition and said he would replace those by new ones.

Q: He (Joardar) took the ammunition about an hour before the firing started. Did you contact Naik Afzal for ammunition before the incident?

A: I didn't do so and also didn't feel it necessary as he (Joardar) had said that he would replace the ammunition.

Q: You’ve seen the policemen performing their duty normally at their posts during the time of incident.

A Yes.

Q: Where you were on duty as havilder?

A: At the main gate, on the southern side.

Q: You were at that gate until the firing began. Who was with you?

A I was there till 5 am and sepoy Rustam All was with me.

Q: Who was on duty at the northern gate?

A: There was a sentry post on the northern side of the house, and one sentry was on duty there.

Q: You Joined you duty at 6 pm on August 14.

A: I joined the duty at 6 am on August 14.

Q: Your duty went like this; four hours duty and four hours rest. On this count, you were resting from 2 am till 6 am on August 15.

A: There was nothing rigid. We used to make the duty arrangement among ourselves.

Q: You were in rest from 2 am till 6 am on August 15.

A: No. I was not resting. After going to duty, we the guard commanders used to make selfarrangement of our duties. From 6 pm till 10 pm on August 14, I was on duty: from 10 pm till 2 am. I was in rest: and from 2 am till 6 am (August 15). again 1 was on duty.

Q: There was no coordination between the police and army guards.

A. There was joint responsibility.

Q: Did you inform the DSP of I police.or- Uw-SB officer that , Joardar had, taken ,away the ammunition.

A: No. I didn't.

S: Did you tell Capt Bashar.

Subedar Motaleb. or ammunition in charge Naik Afzal or anyone else that Joardar had taken away the ammunition.

A I reported to all of them.

Q: Did you inform them verbally?

A: Yes.

Q: It is a tale concocted by you that Joardar came to check the guards and took away the ammunition. He (Joardar) was not authorised to go there or to take away ammunition from

you. and you were also not authorised to give away the ammunition.

A: I didn't know whether he had authority or not. but he came and took away the ammunition.

Q: The attackers kept you confined, took Quddus with them and asked him (Quddus) to do duty with them.

A: Quddus came to Bangabandhu's residence at about 4:45 am and when the firing started at about 5:15 am. I with my troops rushed to the guard room to save our life. I don't know what Quddus had done.

Q: Did you tell the IO that when Quddus came to take over the charge you told him (Quddus), "Joardar has taken away the ammunition, you hoist the flag."

A I don't remember if I told the IO.

Q: Did the firing start when the flag was being hoisted or after the hoisting of flag? How long the firing continued?

A Firing started two to three minutes after hoisting of the flag and continued for five to seven minutes.

Q: Did you go to the guard room soon after you heard the firing?

A Yes. .

Q: You came out from the guard room after the firing stopped.

A Yes.

Q: What's the measurement of the plot of Bangabandhu's residence? Is it one bigha or more?

A: I can't say exactly, it may be about 10 to 15 kathas.

Q: There was one gate at the Bangabandhu’s house and vehicles coming to the house were parked in front of the gate.

A The authorised cars could go inside the house. Others were parked on a space near the west side of the sentry post

Q: Do you know wnat is "first light?*

A: Explain it to me in Bangla.

Q: This is a very common word used in the army in connection with hoisting flags. You have never heard of it.

A The flag is hoisted in the morning after the Fazr azan' and is brought down at the dusk.

Q: None of you, nor Quddus had hoisted the flag, the bugle was also not played.

A It is not a fact.

Q: You didn't tell it to anyone. not even the IO. that sepoy Sohrab went inside Bangabandhu's house or you spoke to him.

A: 1 spoke to Sohrab after the incident. I didn't talk to him when, ne , want inside the Bangab'dndhu'S hotfse.'

Q: Have you spoken to' him before the incident?

A: I spoke to him during the "fall in."

Q: Where was the guard room? Where have you performed your duty? Was it inside the house or outside?

A: The sentry post was inside the house, the guard room was outside.

Q: Could you see from the guard room and the sentry posts whether anyone was coming or going out from the Bangabandhu's house?

A: It could be seen from both

the places.

Q: Did you seek any help from the police during or after the firing?

A: I was confined In the guard room, so I did not have the scope.

Q: Did you seek police help after you came out from the guard room?

A Coming out of the guard room. 1 did not see any policemen.

Q: Police fled passing by the guard room. Which way they

A I didn't see the police as I was inside the guard room.

Q: What type of arms were carried by the Lancers who confined you?

A Rifles.

Q: What type of rifle?

A I can't say.

Q: You were not on duty during the Incident.

A: It is not true.

Q: You fled away before the police did and it was Capt Bashar who brought you back from different places before the Jumma prayer.

A Not true.

Q: You didn't hand over charge to Quddus because he did not come.

A: Quddus came, but I couldn't hand over the charge to him.

Q: You're making a false statement against Joardar as the guards did not perform their duty and you also didn't open fire. Aso, you have concealed the register and all other related documents.

A Not true.

Cross-examination by advocate TM Akbar, defence counsel lor Col (LPR) Muhiuddin:

Q: How many JCOs and NCOs were there in the 25-member group that came from Comilla?

A: The NCOs were — I. nayek Gani, havilder Quddus. nayek Jalil, nayek Hafizur Rahman and nayek Afzal. There was only one JCO — nayeb subedar Abdul Motaleb.

Q: Where the rest sepoys?

A Yes.

Q: How many?

A Take the count.

Q: This is not I who will count, you are to do it.

A 19 sepoys.

Q: Besides security personnel at the centry posts and the guard room, there was also regular patrol.

A Yes.

Q: By army?

A Yes, by the army.

Q: When did the patrolling start and end?

me Fran 6 pm to b am. i;

A? 12 hours. ' ” '

Q: How many patrol groups were there?

A: Three.

Q: How many personnel in a group?

A Two to three.

Q: Where did they give patrol duty?

A: Around the house of Bangabandhu. They also went upto Ganobhaban.

— UNB

Verbatim texts of further cross examinations shall be published as and when they are received.