Pakistan Observer
22nd May 1960
Mujib’s Case
One More witness Declared Hostile
By our court correspondent
YET ANOTHER PROSECUTION WITNESS, MR. ANWAR ALI, THE WITNESS NO. 2 WAS DECLARED HOSTILE WHEN THE CORRUPTION CASE AGAINST FORMER PROVINCIAL MINISTER SHEIKH MUJIBUR RAHMAN AND HIS BROTHER SHEIKH ABU NASER CAME UP FOR HEARING BEFORE MR. A. S. M. RASHED, SPECIAL JUDGE, DACCA DIVISION YESTERDAY (SATURDAY).
Besides Anwar Ali one more prosecution witness Haji Sekendar Ali was withheld by the prosecution as he was, according to the prosecution, gained over by the accused persons.
Another prosecution witness Mr. Golam Hyder Chowdhury was found absent on call.
It may be mentioned that of the five partners of M/S Al-Amin Industries one is the accused in the present case (Sk. Abu Naser) and the remaining four are the prosecution witnesses. Of these four prosecution witnesses two have been declared hostile, one has been withheld by the prosecution and the fifth was found absent.
When the second prosecution witness was declared hostile Mr. H. S. Suhrawardy asked the Prosecution Council Mr. Azizuddin Ahmed if he would proceed with the case after this. In reply Mr. Azizuddin Ahmed informed him that he could not give his verdict on this point without consulting the Government. So the case should proceed. Five more witnesses were examined by the prosecution in this case. The first witness on the day was Mr. Anwar Ali a financier partner of M/S Al-Amin Industries.
Calendering Plant
In course of his deposition the witness stated that Haji Sekendar Ali was his father. They had a business in yarn and cloth calendering at Babur Hat in Narsingdi as well as at Narayanganj. They were on the look out to set up a cloth calendering plant.
Golam Hyder Chowdhury, Mujibur Rahman Chowdhury, Sheikh Abu Naser, the witness himself and his father Haji Sekendar Ali formed a partnership business for the same. Accordingly they applied for permission to set up the cloth calendering plant.
In reply to a question the witness stated that Sheikh Abu Naser became their partner later on about three or four months after the date of application. The firm was styled as Al-Amin Industries.
The witness further deposed that when they set up the industry the witness and his father undertook to bear the initial costs and expences (expenses). It was settled that the industry would be set up at Satihati in Mymensingh district. Partner Mujibur Rahman Chowdhury was entrusted with the charge of making ‘tadbir’ in the matter of getting the permission. The witness did not make any ‘tadbir’nor approach anybody.
Partnership
In reply to another question the witness said that there was a partnership deed amongst the partners on February 2, 1957. All the partners including witness and Sheikh Abu Naser signed the deed at a time.
The witness further said that it was agreed between the partners that initial expenses would be borne by the witness and his father. It was also settled that after setting up the industry the other partners would also invest their own capital in the business.
The witness then said that he and his father dissociated themselves with the partnership firm after swearing affidavits before a Magistrate after the permission for the industry was obtained .
The witness further stated that the account of the business were maintained and written by him. The cost of swearing the affidavit by which they had dissociated from the partnership business has noted in the ‘Khata’ (produced before the court) on June 26, 1958 in his handwriting.
The witness then voluntarily said that the ‘Khata’ was written on one day and that was in the year 1959 but the witness could not remember the date.
The witness thereafter said that the entry dated February 6,1957 showed that Rs. 1500 was made over to Mr. Mujibur Rahman Chowdhury towards the contribution to the Awami League Party. The witness made the entry but in fact no such amount had been paid.
The khata in question was written, the witness continued, on ‘rough’ accounts. Some of the expenses shown in the ‘Khata’ had been actually made and some might not have been actually spent.
The witness further deposed that he purchased and handed over the khata to the Police after signing the same. The khata was purchased and prepared in the same day and handed over to the Police on the very day.
The witness further said that he was examined by the Police during investigation of the case. He also made a statement to the Magistrate.
Declared Hostile
At this stage the prosecution declared this witness also hostile. It may be recalled that the first prosecution witness Mr. Mujibur Rahman Chowdhury was declared hostile on Friday.
After declaring the witness hostile the prosecution counsel Crossexamined him. In the Cross-examination the witness stated that Sheikh Abu Naser was taken in the firm as a partner so that permission might be obtained through his efforts to set up the industry. He, however, agreed to contribute into the firm latter.
Awami League Fund
It was not a fact, said the witness that there was any talk of any payment of subscription in the Awami League Fund. Nor was it a fact that there was any payment of Rs. 1,500/- to the Awami League Fund when Sheikh Abu Naser was taken as a partner of the firm.
The witness further stated that the statement that was recorded by the Magistrate was read over to the witness and he signed the same admitting that it was recorded correctly. The witness then said that he made the statement under the pressure of the Anti-Corruption Police.
৩৩
The witness admitted that he stated before the Magistrate that they sought the help of Sheikh Abu Naser brother of Sheikh Mujibur Rahman in the matter. He also stated before the Magistrate that after much deliberation it was settled that in case they could secure the licence with the help of Sheikh Abu Naser they would agree to give three annas share of the firm to Sheikh Abu Naser and to pay Rs. 1,500/- as subscription to the Awami League Fund.
hree Anna Share
The witness further said, in reply to a question of the prosecution that he also stated before the Magistrate that in pursuance of the said agreement a partnership deed allotting-3 share to Sheikh Abu Naser was executed.
The witness then voluntarily said that all the above statements he made under the pressure of Police.
In reply to another question the witness said that he also stated before the Magistrate that some time after Mr. Mujibur Rahman Chowdhury, Golam Hyder Chowdhury and the witness himself met Sheikh Abu Naser while the latter was staying in the residence of Sheikh Mujibur Rahman and paid Rs. 1,500/- to Sheikh Abu Naser.
Under Pressure
The witness voluntarily said to the court that he said this under pressure of Police.
He further said in reply to another question that he was stating the facts now. It was not a fact that what he stated before to the Magistrate was true and what he had deposed here was false being gained over by the accused side. The witness then voluntarily stated: “I was compelled to make the statement before the Magistrate under coercion and pressure and one could understand what amount of “ZOOLOOM” I had to undergo at the time while I made the statement.
In reply to a question whether he informed this matter to any body the witness said that he did not tell any body or authority that he had to make the statement under pressure and coercion by the Police as he was forbidden by the police not to disclose the same. The defence asked the witness only one question if they had any such rough account ‘Khata’ to which the witness answered in negative.
The next witness examined yesterday was Mr. Abdul Mujid, Magistrate First Class who stated that he recorded the statements of Prosecution witness Mujibur Rahman Chowdhury and Anwar Ali.
Swore No Oath
In examination in-chief the witness stated that the makers of the statement swore no oath. He asked them not to tell lies and said that they should speak what was truth.
The witness further said that he recorded the statements, as far as practicable; in their own languages.
In cross-examination the witness stated that besides what had been recorded there were other questions and answers. He further said that the nature of the question he put to the persons had to be stated from memory.
The next witness Mr. S. A. Chowdhury, Assistant Controller Imports and Exports proved some documents and papers.
Witness withheld
Thereafter the prosecution submitted before the court that as Anwar Ali, the son of Haji Sekendar Ali had turned hostile and as the witness Sekendar Ali had been gained over the prosecution withheld Sekendar Ali.
Then the next witness Golam Hyder Chowdhury was to be examined. But the witness, though filed ‘hajira’ earlier did not file any ‘hajira’ yesterday and he was found to be absent on call.
The prosecution examined the next witness Mr. S. M. Husain Section Officer, Anti-Corruption. This witness proved the Government sanction about this case.
During Cross-examination by Mr. H. S. Suhrawardy the witness agreed that Sheikh Mujibur Rahman was a prominent politician.
He said that he knew that the very next day after the promulgation of Ordinance No. LXXII of 1958 Sheikh Mujibur Rahman was arrested and he was confined in Dacca Central Jail.
To a question whether he knew that Sheikh Mujibur Rahman was confined in cellmeant for condemned prisoners the witness replied in negative.
Q. Do you know that within a week thereafter he was rearrested while he was in jail under the Public Security Act?
A. I don’t know if was within a week. But I know he was rearrested under Public Security Act while he was in jail.
Q. Do you know that he was in segregation for 14 months?
A. I don’t know.
Q. Are you aware while he was in jail a case was started against him for having acquired properties disproportionate to his known source of income and he was discharged by the Court.
A. Yes.
Q. Are you aware that while he was in jail another case was started against him for cheating and conspiracy to cheat and he was dischanged?
A. Yes.
The next witness and the last witness for the day was Mr. A. Samad, Hand Writing Expert attached to the CID, East Pakistan. He proved some signature and gave his opinion. The defence did not Cross-examine him.
Further hearing of this case will resume on Monday.
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