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SQ Chy given last warning

Prof Anisuzzaman tells war crimes tribunal how Nutan murdered, CU student tortured

Staff Correspondent
The International Crimes Tribunal-1 yesterday cautioned accused BNP leader Salauddin Quader Chowdhury for the last time about his behaviour in the courtroom during the cross-examination of the first prosecution witness.
Noted educationist Prof
Anisuzzaman yesterday narrated to the tribunal two incidents of crimes against humanity that Salauddin Quader had
allegedly committed during the Liberation War in 1971.
He told the court about the murder of Nutan Chandra Singh and torture on a then Chittagong University student. His deposition was based on what he had heard from the victims and witnesses of the atrocities.
After Anisuzzaman, 75, had finished his deposition, the defence started cross-examining him. The cross-examination will continue today.
Yesterday's one-and-a-half-hours' cross-examination was marked with spats among the three-member judge panel, the prosecution, accused SQ Chowdhury and his counsels.
The outspoken BNP leader during the cross-examination shouted at the tribunal and attempted to intervene court proceedings several times. His repeated interruptions prompted the court to warn the Chittagong MP for the final time.
Nizamul Huq, chairman of the judge panel, warned SQ Chowdhury that if he continued with such behaviour, the court would proceed with the trial without his presence.
THETESTIMONY
Prof Anisuzzaman was a Reader (associate professor) of Bangla department at Chittagong University in 1971.
He along with others put up resistance against the then Pakistani occupation forces, who launched attacks on the BangaleesonMarch25,1971.
“When we realised that our resistance would not be effective, we decided to move all the families living in the campus residential areas," said Prof Anisuzzaman, adding that families of some teachers, including his wife and two daughters, took refuge in Kundeshwari Girls' Primary School.
Founder of the school Nutan Chandra Singh and his family also took shelter there at that time.
On April 02 that year, Prof Anisuzzaman and his family moved to Kathirhaat village of Haathazari upazila in Chittagong and later on April 10 took shelter at his friend's elder brother's house in Ramgarh under Jharkhand state of India where he found Profulla Ranjan Singh, the youngest son of Nutan Chandra Singh.
Profulla told him, "Pakistani military had a talk with his father [Nutan Chandra] when they entered in Kundershwari area. As the military were leaving Salauddin Quader had told them something and they shotmyfatherdead.”
Nutan's body remained in front of his house for three days until locals performed his last rites.
After the independence, when Profulla returned to Bangladesh he heard the story of his father's killing from locals. They said Salauddin Quader, who was then known as Major, had shot Nutan Chandra dead with his own gun.
Profulla shared this version of locals with Prof Anisuzzaman when he [Anisuzzaman] returned to Bangladesh on January 6, 1972 and rejoined in Chittagong University. From May 15,1971 to the day of his return, Anisuzzaman and his family lived in Kolkata, according to the deposition.
Profulla is also a prosecution witness in the case of crimes against humanity against Salauddin Quader Chowdhury.
Prof Anisuzzaman yesterday on permission from the tribunal mentioned of another incident, in which Salauddin Quader was alleg-
edly involved.
He said Saleh Uddin, who was then a student of Chittagong University, had been abducted by Razakars (collaborator of the then Pakistani army) on the allegation of keeping contacts with freedom fighters.
Saleh was kept at Fazlul Quader Chowdhury's [father of Salauddin] Good Hills residence where Salauddin and others tortured him, said Anisuzzaman.
After the independence, Saleh Uddin narrated the incident at a senate meeting of Chittagong University and showed the torture marks, claimed the witness. Saleh Uddin is now the Vice-Chancellor of Shahjalal University of Science and Technology.
Prof Anisuzzaman gave his testimony to a member of the case's investigation team on September28,2011.
During his deposition Prosecutor Zead Al Malum tried to bring out some more information against the accused but the tribunal did not record any leading question. The court, on the contrary, asked Zead to ask his seniors how to question a witness.
CROSS-EXAMINATION
The defence sought time from the court to examine Anisuzzaman's deposition when the tribunal asked it to cross-examine the witness.
The defence claimed that there were discrepancies between the testimonies given to the court and to the investigation officer.
Justice Nizamul Huq rejected the appeal.
Defence counsel Fakhrul Islam asked Prof Anisuzzamn about his birthplace. The witness said Kolkata in reply.
The lawyer then alleged that the witness had been changing his birthplace according to his convenience.
In response the noted educationist said his original birthplace is Kolkata but in the passport, issued in 1955, his birthplace was mentioned as Khulna. In 1996, he applied to the home ministry to correct his birthplace and change it to Kolkata based on relevant documents.
Fakhrul Islam then called the witness a liar.
However, before Fakhrul could proceed, Justice Nizamul Huq stopped him and cautioned him about his use of language.
“He is a witness to the court and a respected man. This is not a magistrate court. If you continue to use offensive words, serious actions will be taken against you,” Justice Nizamul Huq told the defence lawyer.
Fakhrul Islam then asked the witness whether he and his family had come to then East Pakistan as refugees.
The professor said the people who came to Pakistan could perhaps be termed “refugees” in general. "But we never claimed any benefits or privileges as refugees," he added.
SQCHYCAUTIONED During the cross-examination the defence asked Anisuzzaman when he had become a citizen of Pakistan.
The court termed the question irrelevant as there were laws that could explain the matter.
At that time, Salauddin
Quader stood up to make a point. He said, “I have remained quiet until now. But I have the right to cross-examine the witness and I must."
In response Justice Huq said, "Not while your counsels are present.”
However, Salauddin refused to keep quiet and at one stage Justice Huq had to call out the accused by his name to warn him.
“Mr Nizamul Huq!” responded Salauddin blatantly but reverted to a more respectful voice within moments. He said, "Please don't show me the red eye.” He repeated this several times.
At this the tribunal chief decided to issue an order.
The order stated that the accused, Salauddin Quader Chowdhury, had his counsels and thus would not be allowed to talkin the court.
The order also noted that the court had previously cautioned the accused about similar behaviour. "We caution the accused for the last time.”
The trial against Salauddin would continue in without his presence if he did not give up such behaviour, said the order.
The tribunal has recently amended its rule and included a new provision allowing it to proceed with a trial in absence of an accused if that person is proved to be unruly.
Following the court proceedings, defence counsel Fakhrul Islam told newsmen that his client did not speak impolitely but loudly, as there was no microphone in the courtroom. At this time the lawyer again called the witness a liar.