RECORD OF PROCEEDINGS THE AGARTALA CONSPIRACY CASE VOL – 1
Compilation and foreword by Sheikh Hasina
বিশেষ দ্রষ্টব্যঃ কপিরাইট সমস্যা যাতে না হয় সেকারণে সকল লেখা শুধুমাত্র ‘only Readable’, ‘non-downloadable’ ও ‘non-clickable’ রাখা হয়েছে। সংগ্রামের নোটবুকের সকল নথি-পত্রিকা-দলিল-সংকলন-বই থেকে নেয়া তথ্য-ছবি-ভিডিও শুধুমাত্র গবেষণার কাজে ব্যবহার্য। বাংলাদেশের স্বাধীনতা সংগ্রাম ও মুক্তিযুদ্ধ গবেষণার জন্য সংগ্রামের নোটবুক একটি অলাভজনক অবাণিজ্যিক স্বেচ্ছাশ্রমে গড়া প্রচেষ্টা।
WRITTEN STATEMENT OF SHEIKH MUJIBUR RAHMAN
U/S 342 Cr.P.C.
Ever since my schooldays, I had ceaselessly worked for the achievement of Pakistan and was a very active member in Muslim League Organisation in pre-independence India and Bengal and worked for the realisation of Pakistan demand at the cost of my studies.
After Independence, we organised the Awami League in 1949 under the leadership of Late Mr. H. S. Suhrawardy’ after the Muslim League had betrayed the aspirations of the people of Pakistan. Awami League was and is a Constitutional Democratic Organisation.
In 1954 I was elected a member of the Provincial Assembly and was later elected as a member of the National Assembly. Twice I became a Minister in the Government of East Pakistan. I also led the Parliamentary Delegation to the People’s Republic of China. For organising a constitutional opposition party for the welfare of the masses I had already suffered a few years in Jail by this time.
After the imposition of Martial Law, the present regime started to oppress me. They arrested me on 12th October 1958 under the East Pakistan Public Safety Ordinance and kept me detained without trial for about a year and a half. While I was thus detained, they started half a dozen criminal cases against me, but I was honorably acquitted in all of them. I was released from the said detention in December 1959 or January 1960.
At the time of my release, I was served with orders of restriction, namely: that if I was to leave Dacca I was to inform the Special Branch in writing with the particulars of places I was to visit and on return to Dacca also I was required to inform the Special Branch of the said return in writing. I was always shadowed by the intelligence people.
Then again when my leader, Late Mr. H. S. Suhrawardy was arrested in 1962 on the eve of the promulgation of the present constitution, I was also put behind the prison bars under the Public Safety Ordinance and detained without trial for about six months.
After the death of Mr. Suhrawardy, the Awami League was revived in January, 1964 in both the wings of Pakistan as a Political Party and we decided to fight the Presidential Election as a component of the Combined Opposition Party?, which nominated Mohtarema Miss Fatema Jinnah as the opposition candidate for the Presidential post against the candidature of Mr. Ayub Khan“ and started election campaign. The regime again started oppressing and harassing me by starting a number of cases on my speeches.
During the 1965 war with India, I was one of the political leaders who condemned the Indian Aggression and asked my party to lend full support to the Government’s war efforts. My organisation, the East Pakistan Awami Leagueo also issued circulars to all its units urging them to help the war efforts in every possible way.
During the said war, in the All-Party Conference held at the East Pakistan Governor’s House, I along with other political leaders of this wing issued a joint statement condemning Indian aggression and asked the people to work unitedly and help the country’s war efforts. After the war efforts, when President Ayub Khan visited East Pakistan, myself and all other political leaders met him on invitation, where I appealed to the President to give regional autonomy to East Pakistan and to make it selfsufficient in Defence in the light of our experiences during the war when East Pakistan was completely disconnected from West Pakistan and the rest of the world.
I also supported the Tashkent declarationo as my party and I believe that all international disputes should be settled by peaceful means as we believe in world peace for progress.
In early 1966 there was an All Party National Convention at Lahore where I placed the SIX-POINT programme’ before the subject committee of the said convention as the programme for the constitutional solution of East Pakistan’s problem vis-a-vis those of East Pakistan. The Six-point programme stipulates full regional autonomy both for East and West Pakistan.
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Then my party, the East Pakistan Awami League accepted the Sixpoint programme and we started holding a public meeting to mobilise public opinion in its favour so that economic and other disparities existing between the two wings might be removed.
At this the Govt. Machinery and the Leaders of the Govt. party, including the President, threatened me with “language of weapons” and “civil war” and started harassing me by instituting more than a dozen cases against me. They arrested me first in April 1966 at Jessore while I was returning to Dacca after holding a public meeting at Khulna via Jessore where I was intercepted and arrested under a warrant of arrest issued from Dacca for alleged prejudicial speeches.
I was produced before the Sub-Divisional Magistrate, Jessore who granted me ad-interim bail. On reaching Dacca, I appeared before the Sub-Divisional Officer, Dacca Sadar, who refused to grant me bail, but as I was granted the same by the learned Session Judge, Dacca the same day, I was released. I came to my house at about 7 P.M. and at about 8 P.M. the same evening the police came to my house with a warrant of my arrest from Sylhet for an alleged prejudicial speech there. I was arrested and taken to Sylhet under police escort that very night. Next morning my bail prayer was rejected by the Sub-Divisional Magistrate of Sylhet and I was sent to the Jail. The following day, the learned Session-Judge of Sylhet was kind enough to grant me bail. On my release, I was rearrested at the jail gate by the police on a warrant of arrest from Mymensingh for an alleged prejudicial speech there delivered by me in a public meeting. That very night, I was escorted by the police from Sylhet to Mymensing. I was produced before the Sub-Divisional Magistrate who refused to grant me bail and sent me to jail. The following day the learned Session-Judge was kind enough to grant me bail and on release from the jail, I came back to Dacca. All these series of arrest and harassments took place in April 1966.
It was in the first week of May, probably on 8th of May, 1966 that I addressed a public meeting at Narayanganj and came back to my Dacca Residence at night. At one O’clock that night I was arrested by the Police under Rule 32 of the Defence of Pakistan Rules. This was followed by
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the simultaneous arrest of a large number of my Party-Leaders including M/S Tajuddin Ahmed, General Secy. of the East Pakistan Awami League, Khundakar Mushtaque Ahmed, Vice-President East Pakistan Awami League, Mujibur Rahman, an Ex-Vice President, M. A. Aziz, Secy., Chittagong Dist. Awami League, Nurul Islam Chaudhury, exTreasurer East Pakistan Awami League, Zahur Ahmed Chaudhury, Labour Secretary East Pakistan Awami League, and many others. After a few days M/s Mizanur Rahman Choudhury, MNA, Organising Secretary of East Pakistan Awami League, A. Momen, Advocate, Publicity Secretary, East Pakistan Awami League, Obaidur Rahman, Social Welfare Secretary, East Pakistan Awami League, Shamsul Haque, President, Dacca District Awami League, Hafez Mohammad Musa, President, Dacca City Awami League, Mollah Jalaluddin Ahmed, Advocate, Member of the Working Committee, East Pakistan Awami League, Captain Munsur Ali, Ex-Minister Vice-President, East Pakistan Awami League, Amjad Hossain, Ex-MNA, Aminuddin Ahmed, Advocate, Amjad Hossain, Advocate of Pabna, Mustafa Sarwar, President, Narayanganj Awami League, Mohiuddin Ahmed, Secretary Narayanganj Awami League, Mr. Mohammadullah, Office Secretary, East Pakistan Awami League, Shah Moazzam Hossain, Advocate of Dacca, Bazlur Rahman, Ex-Secy., Dacca District Awami League, Serajuddin Ahmed, Office Secretary, Dacca District Awami League, Harun-or-Rashid, Vice-President, Rajarbagh Union Awami League, Shahabuddin Chaudhury, President, Tejgaon Union Awami League, Abdul Hakim, Secretary, Dacca Sadar (North) Awami League, Rashed Mosharraf, Vice-President, Dhanmandi Awami League, Sultan Ahmed, Office Secretary, City Awami League, Nurul Islam, an important Awami League worker, A. Mannan, Acting Secy., Chittagong City Awami League, Mr. Hasnain, Advocate of Pabna, A. Rahman Siddiqui, important worker of Mymensingh and a host of other workers and student leaders and labour leaders were arrested and put behind prison bars under Rule 32 of the Defence of Pakistan Rules. They have also put behind prison bars my two nephews, namely Sheikh Fazlul Huq, ExGeneral Secretary, East Pakistan Students League and Sheikh Shahidul
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Islam, a student of Dacca University. Besides all the above, the regime also banned the most popular vernacular daily newspaper of East Pakistan, The ITTEFAQ, only for the reason that it sometimes used to support the views of my party. The regime also confiscated its Press, detained its Editor, the well-known Journalist of international standard, Tofazzal Hossain alias Manik Mia and kept him in jail for a long time and also started some criminal cases against him. Mr. Idris, an important Awami League leader of Chittagong and Ex-President of Chittagong Muslim Chamber of Commerce and Industry Ex-Vice President of Chittagong Port Trust was also put behind the prison bars under the Defence of Pakistan Rules.
My Party called a general strike on 7″ June 1966, to protest against our arrest. During this protest strike throughout the Province, 11 people were killed at Dacca and Narayanganj by Police firing and about 800 workers were arrested and a number of cases were started against countless others.
Mr. Monem Khan, Governor of East Pakistan, told more or less openly to groups of officers and others that so long he (Mr. Monem Khan) was there, Sheikh Mujibur Rahman would have to remain in jail. This is very widely known.
Ever since my detention, I was facing a number of trials inside Dacca Central Jail where the Courts were being held. After about 21 months of the said detention, I was released at One O’clock in the morning of 18″ January 1968 and was forcibly brought to the Dacca Cantonment from the jail-gate by some Military Officers, where I was detained in a closed room. I was segregated and kept in solitary confinement and was not allowed to see anybody else. I was not allowed to read even newspapers. In fact, I was completely cut off from the outside world for long five months. During this period, I was subjected to inhuman mental torture and I was denied all physical amenities. With regards to the mental torture the less it is said the better.
On 18″ June 1968 just one day before the present trial started it was for the first time that I met Mr. Abdus Salam Khan, Advocate, whom I engaged as one of my lawyers.
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I have been falsely implicated in this so-called Conspiracy only to torture, disgrace, and defame me and my party and to suppress the legitimate demands of East Pakistan, that is Regional Autonomy on the basis of Six-Point Programme and to forswear East Pakistan’s legitimate demand of parity in all respects, especially in economic and political spheres and in the services.
I never saw Lt. Commander Moazzam Hossain, Lt. Mozammil Hossain, Ex-Corporal Amir Hossain, L/S Sultanuddin Ahmed, Steward Mujibur Rahman, Flt/Sgt. Mofizullah and other Army, Navy and Air Force people in this case before coming to this Court. I know the three CSP Officers M/S Ahmed Fazlur Rahman, Ruhul Quddus and Khan Mohammad Shamsur Rahman as I had occasions to know them in course of my official capacity as Minister while they were serving the East Pakistan Government. But I never talked to them about politics or of any conspiracy. I never visited the house of Lt. Commander Moazzam Hossain or that of Kamal Uddin Ahmed at Karachi, nor was there any meetings in my house or in the house of Mr. Tajuddin Ahmed with anybody of this alleged conspiracy. These people never visited my house. I never paid money to anybody in connection with this so-called conspiracy. I never asked Dr. Saidur Rahman or Manik Chaudhury to help the alleged conspiracy. They are only ordinary workers like hundreds of others of my party in Chittagong. I have 3 Vice-Presidents, 44 working committee members, 8 Secretaries of East Pakistan Awami League including many ex-Ministers, both Central & Provincial, ex-MNA’s & MPA’s.
There are at present 5 MNA’s and 10 MPA’s belonging to my Party who are sitting in the National and Provincial Assemblies. In Chittagong also I have District and City Presidents and Secretaries, ex-MNA’s and MPA’s, in my party and many important, rich and influential persons. I told none of them. It is, therefore, impossible that I should ask Manik Chaudhury, an ordinary businessman, and Dr. Saidur Rahman, an ordinary L.M.F. Doctor, Dr. Saidur Rahman was suspended by Awami League for opposing the Awami League nominee, Mr. Zahur Ahmed Chaudhury in the National Assembly elections held in 1965. I have never visited the house of Mr. Saidur Rahman.
I am the President of the East Pakistan Awami League, a Constitutional Political Party having a definite and constructive
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manifesto and programme for the economic, political and social uplift of the country. I never believe in unconstitutional politics. I wanted justice to both the wings of the country as envisaged in the Six-point programme. What I think good for the Country I have always expressed the same openly within the Constitutional limits and still, then I have been made to suffer by the ruling clique and vested interests who want to perpetuate their exploitation of the Pakistani masses, particularly East Pakistanis by suppressing me and my Party.
Further, I would like to place before your Lordships, in support of my contention that I have been falsely implicated in the case out of vengeance. The press release of the Home Ministry of the Government of Pakistan dated 6″ January 1968 contained a list of 28 persons as accused in which my name was not included. In the said press release, it was stated that all the accused persons had confessed, that investigation was nearly complete and that the case was likely to come up for trial soon.
With regards to the release of press statement by a Ministry, I would like to submit from my personal experience as a Minister that no press release can be issued by any Ministry unless the same has been approved by the Secretary of the said Ministry after personal scrutiny of all the relevant documents and after having been satisfied with the fact. In important matters, like this case, the approval of the Prime Minister or the President becomes a pre-requisite for a press release.
The present case is nothing but the culmination in the process of the said oppression and suppression as stated earlier and also the result of a conspiracy hatched out by the present ruling clique to carry on the exploitation by the said vested interests. I have never done anything to separate East Pakistan from Pakistan and I never entered into any conspiracy either with any Army, Navy or Air Force personnel or with anybody also to separate East Pakistan from Pakistan.
I am also placing herewith a booklet containing the Six-point programme with explanations which may kindly be treated as part of my statement.
I am not guilty and absolutely innocent and I know nothing about the alleged conspiracy.
Sd/- Sheikh Mujib
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SPECIAL TRIBUNAL
28.1.1969
RECORD OF PROCEEDINGS
PRESENT
Mr. Justice S.A. Rahman, H.PK., Chairman.
Mr. Justice M. R. Khan, S.PK., Member.
Mr. Justice Maksum-ul-Hakim, Member
For the prosecution ….. As before.
For the Defence ….. As before.
Accused Present ….. As before.
STATEMENT OF ACCUSED SHEIKH MUJIBUR RAHMAN UNDER SECTION 342 Cr. P.C.
Q. 1) Did you in the years 1964-67 (both years inclusive) conspire with your co-accused and persons mentioned in List “A” attached to the Complaint as well as other persons to wage war against Pakistan and to deprive Pakistan of its sovereignty over the province of East Pakistan by means of criminal force in an armed revolt which was to be carried out mainly with weapons, ammunition and funds to be provided by India through Indian Officials?
Ans: This is absolutely false.
Q. 2) Did you, in pursuance of the conspiracy aforesaid, attend the following meetings at which the implementation of that conspiracy was
discussed and plans made, details of which have been given by the P.W.s namely:
(a) meeting in September, 1964, at the house occupied by Kamal-uddin Ahmed in the School Teachers Co-operative Housing Society, Karachi, called by Lt. Com. Moazzem Hussain, which was also attended by him, Nur Muhammad, Mr. A. F. Rahman, Sultan-ud-din Ahmed, accused and Lt. Muzzammil Hussain, P.W.
(b) meeting at Lt. Commander Moazzem Hossain’s house in Karasaz Area held sometime between the 15th and the 21st January, 1965, also attended by Lt. Com Moazzem Hossain, Mr. A. F. Rahman, Nur Mohammad and Flt. Sgt. Mofizullah accused, besides Lt. Muzammil Hussain, P.W.
(c) meeting held at your house in Dhanmandi, Dacca on 29.8.65, at p.m. (the time of meeting having been fixed by you and communicated through St. Mujibur Rahman) which was also attended by Amir Hussain Miah, P.W. and accused Lt. Com. Moazzem Hussain, Steward Mujibur Rahman, Sultanuddin, and Mr. Ruhul Quddus who arrived there late. At this meeting, you are alleged to have offered Rs. 1,00,000/- in installments for party funds.
(d) meeting at the house of Mr. Tajuddin, Secretary, Awami League in Dhanmandi Area on 12.3.66, which was also attended by accused Lt. Com. Moazzem Hussain, Steward Mujibur Rahman, Mr. Ruhul Quddus and Amir Hussain Miah, P.W. You are said to have given a lift in your car to these persons except for Mr. Ruhul Quddus to the place of meeting from the Bus Stop on Satmasjid Road, Dhanmandi. It is also alleged that after a Conference between you and Lt. Com. Moazzem Hussain, the latter declared at this meeting that Hav. Daliluddin and a Captain from Joydevpur would be sent to negotiate the arms deal with the Indian authorities.
Ans. I did not attend any of these meetings. There was no such meeting at my house. There was no such meeting at the house of Mr. Tajuddin.
Q. 3) Did you pay Rs.700/- on 1.9.65, Rs. 4,000/- on 9.9.65 and Rs.4,000/- on Baqr-Eid day which fell on the 3rd of April 1966, to Std. Mujibur Rahman, as your contribution towards party funds?
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Ans. This is wrong, I have not paid any money as alleged.
Q. 4) Were you given the code name of “PARAS” or “PARASH”9 for the purpose of the conspiracy vide Ex. P.W. 3-18 and letters Exts. P.W. 3-32, 35 & 39 and were you also referred to as ‘Bafa Bhai’ in some letters exchanged between Steward Mujibur Rahman and Amir Hussain Mia, vide exhibits P.W. 3/6, 3/9 and 3/11 and between Sultan Uddin and Steward Mujibur Rahman vide Ext. P.W.3/12? Would you like to explain these references?
Ans. I do not know anything about these matters letters. These are just lies.
Q: 5) Did you induce Manik Choudhury accused and Dr. Saeedur Rahman Choudhury, P.W. to join the alleged separatist movement?
Ans. This is not correct.
Q: 6) In February, 1966 did you, after attending meeting at Laldighi Maidan, Chittagong, pay a visit to Dr. Saeed-ur-Rahman Choudhury at his house in Chittagong where Steward Mujibur Rahman was also present and did you on that occasion, direct Dr. Saeed-ur-Rahman Choudhury to provide a place for meetings of the Military Personnel and to help the separatist organisation?
Ans: I have not visited the house of Dr. Saeedur Rahman Choudhury in my life and these allegations are all false.
Q: 7. Did you in April 1966, tell Manik Choudhury at your house in Dacca that he should give money to Sultan-Ud-Din who was then present there, for party purposes, in pursuance of which Manik Choudhury gave Rs. 1,500/- to Sultan-Ud-din at his own house in Chittagong three or four days later?
Ans: This is incorrect.
Q.8. Were you ill during the period November to December, 1965 for some time, for which you obtained the treatment from Dr. Rab, P.W. among other doctors and medicines from M/S. Bham & Co. Dacca?
Ans: I cannot remember any such thing.
Q.9. In the alleged confession of Capt. Shawkat Ali Mian recorded by Mr. G. M. Qadri, Additional Distt. Magistrate, Dacca, on 4.3.68 and that of Bhupati Bhushan Choudhury accused before the same Additional
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Distt. Magistrate on 12.2.68, you are referred to as one of the leaders of the separatist movement. Do you wish to say anything with regard to these references in these confessions?
Ans: These are concoctions and lies.
Q.10. Do you wish to say anything else by way of explanation of the prosecution evidence against you?
Ans: I want to put in a written Statement which I like to read out here. (He submitted a written statement after reading it out to the court).
Q.11. Will you produce any evidence in your defence? Ans: No.
Chairman.
Member.
Member
Record of Proceedings, Agartala Conspiracy Case . 11
IN THE HIGH COURT OF JUDICATURE AT DACCA IN
EAST PAKISTAN (SPECIAL ORIGINAL JURISDICTION).
Petition No. 246 of 1968.
In the matter of:
An application under Article 98 of the Constitution of Islamic Republic of Pakistan and In the matter of :
The proceedings pending before the Special Tribunal constituted under the Criminal Law Amendment (Special Tribunal), Ordinance, 1963.
“AND”
In the matter of:
Sheikh Mujibur Rahman, son of Sheikh Lutfur Rahman of 677, Dhanmondi Residential Area, Road No. 32, Dacca at present in Military Custody at Kurmitola, Dacca…… Petitioner.
-Versus
1. Chairman, Special Tribunal, Kurmitola, Dacca.
2. Major A.B.M. Naser, C/O 14 Division, Kurmitola having the
custody of the petitioner Respondents.
To
Mr. Justice Badruddin Ahmed Siddiky, S. Pk.,
The Chief Justice and his companion Justices of the said Hon’ble Court.
The humble petition of the petitioner above named.
MOST RESPECTFULLY SHEWETH:
1. That your petitioner is a citizen of Pakistan and the President of East Pakistan Awami League, the opposition party in the country.
2. That your petitioner was arrested under Defence of Pakistan Rules and detained in Dacca Central jail in May 1966 under Rule 32 of the
Defence of Pakistan Rules.
3. That the petitioner was also prosecuted under specific charges, inter alia, for delivering speeches prior to May 1966 in different public meetings held in various districts of East Pakistan and about ten such cases were pending in different courts of the country.
4. That the petitioner was acquitted in one of the cases and two such cases are still pending before the Hon’ble High Court and one case was pending before the Special Magistrate, Dacca of which though the date for the judgment was fixed on 23.1.68 the petitioner has not heard anything more about the same till this day. That the petitioner while detained under the defence of Pakistan Rules was under the Court custody in Dacca Central Jail by virtue of the custody warrants issued by relevant courts where the cases were pending. That on the night of 17th/18th January, 1968 the petitioner was brought to the jail office of the Dacca Central Jail insides the jail gate and was served with the order being order No.70-H.S. dated Dacca 17.1.68 thereby purporting to release the petitioner from his detention under the Defence of Pakistan Rules, though in fact, the petitioner was not physically released then or thereafter even for a second. That the petitioner then found to his surprise a group of police and military personnel led by Lieutenant Sharif who forcibly removed the petitioner to Dacca Cantonment on the same night. That the petitioner was not served with any order not shown any warrant of arrest although the petitioner demanded from them by what authority they were robbing him of his liberty in this way.
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9. That from that night the petitioner was kept locked in a room in solitary confinement for more than five months and he did not have even the opportunity of seeing the light of day as the windows of the room were coloured red to keep out the daylight.
10. That the petitioner as well as being thus kept in solitary confinement was forbidden any communication with the outside world by way of books, newspapers, radios, or in any such way for the whole of this said period.
11. That the petitioner was not allowed any interview with his family, relations, and friends nor was he allowed the opportunity to seek legal assistance or advice from his lawyers. In the premises, the petitioner had no human contact except with the sentries and Military Officers.
12. That the relations and friends of the petitioner were completely unaware of his whereabouts and in spite of their best endeavor to that end, they were denied all information about him or his safety and welfare.
13. That the petitioner was, thus deliberately subjected to an acute mental agony in such solitary confinement as stated here in above which amounted to punishment of most in human kind unknown and wholly repugnant to outlaw.
14. That the petitioner was subjected to this punishment without being told why such treatment was being inflicted on him or of any charge in respect there of being brought against him.
15. That during the period of his said solitary confinement and total isolation from the outside world the petitioner had good grounds for apprehension that his life was in danger.
16. That on 19.6.68 the petitioner was brought before the Special Tribunal which was constituted under the provisions of Criminal Law Amendment (Special Tribunal) Ordinance, 1968 (hereinafter referred to as the said ordinance).
17. That the charges under/ which the petitioner was brought before the Special Tribunal were that he had conspired with others to deprive Pakistan of its sovereignty over East Pakistan by an armed revolt
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that was to be carried out mainly with weapons provided by India, contrary to section 121A of the Pakistan Penal Code and of abetting the committing of a mutiny by members of the armed forces contrary to section 131 of Pakistan Penal Code, the said offences being alleged to have been committed between 1964-1967.
18. That although on the said 17″/18″ January 1968 the said ordinance had not then been promulgated, the petitioner was nevertheless illegally detained in military custody as aforesaid.
19. That the petitioner was told only a short time before being brought before the said Tribunal that it was alleged he was involved in the said offences although as will appear all the facts and matters upon which the said charges were later brought were well known to prosecuting authority from at least 9th of January 1968.
20. That the petitioner is not guilty of the said charges and has never conspired to wage an armed revolt against Pakistan or to Seduce any member of the armed forces to muting as alleged in the said charges.
21. That to the contrary, during the war against India the petitioner used his best endeavor in the prosecution of the war against India and throughout his political careerover many years has advocated peaceful reforms by democratic means, as appears in his published speeches and in the programme of Pakistan Awami League known as the six point programme.
22. That from the charges and the statements of the complaint, it appears that your petitioner has been charged for an alleged offence alleged to have been committed by him during the period of 1964 and 1966.
23. That at the time of offence alleged to have been committed the petitioner had the right to be tried under a law which has been seriously been changed and aggravated to the disadvantage of the petitioner.
24. That as appears here in before the petitioner at the time when he was so forcibly taken into military custody and illegally detained in respect of the offences later alleged against him there was under the
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Constitution of Pakistan and it then existing laws a Code of Criminal Procedure and Evidence designed to protect the petitioner’s rights as a citizen under the said Constitution and to deal with the said alleged offence and for their punishment.
25. That under provisions of the said ordinance it is purported.
a) To take away the right of pre-committal proceedings that is the inquiry proceedings provided under Chapter XVI of Part VI of Code of Criminal Procedure.
b) to take away the right to be produced before a Magistrate within a specific time and to be dealt with in accordance with law thereby putting the process of law in operation;
c) to make the offence triable along with others in violation of the rules of joinder of charges as provided under code of Criminal Procedure and there by puts the petitioner very much in a disadvantageous position with regard to his defence.
d) to authorise the said Tribunal to try without a Jury.
e) to authorise the Central Government to fix the venue of the trial and in fact the place of the trial has been vexed at a cramped room in Kurmitola about 7 miles away from the city making it most inconvenient for the petitioner’s lawyers and relations to come for the defence of the petitioner, and that the said court is in a Cantonment area under complete military control and devoid of atmosphere of the court room,
f) to change the rules of evidence by making certain evidence admissible which were not so admissible under the law at the time when the offence was alleged to have been committed.
g) to make the punishment for the alleged offences severe purporting to oust the application of Chapter XXIX Part VI of Criminal Procedure Code thereby excluding the possibility of suspensions, remissions, and commutations of the sentences which was allowable to the petitioner at the time while the offence was alleged to have been committed;
h) to condemn the petitioner to perpetual detention.
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to make the decision of the Tribunal final disallowing the right to appeal or review as was allowable while the offences were alleged to have been committed; to authorise Military authority to hold the petitioner in perpetual detention till the trial is over though the petitioner has a good prima facie case to be discharged and by keeping the petitioner in custody of the Military he is already suffering; and undergoing the punishment and detention in military custody for such a long time has already aggravated his punishment;
k) to authorise the Military authority to have the custody of the approvers whereby the respondent No.
2 had already held in custody all the approvers and some witnesses. By so doing the prosecution is enabled to fabricate evidence, to make it possible by resort to improper methods, by inflicting torture, coercing, blackmail, force, intimidation, etc., to manufacture documents and to even to intimidate the witnesses by various methods and keeping them in military custody for an indefinite period.
m) to take away the right of the court to grant bail in appropriate cases and thereby leaving the petitioner without any opportunity to prefer an application for bail and preventing him from helping his own defence;
In the premises, aforesaid, it is submitted that the entire proceedings pending before the said Tribunal purporting to try the petitioner along with others under the said ordinance, the creation of the Tribunal itself and the detention of the petitioner under Military custody is illegal ultra vires, void, without lawful authority and of no legal effect for the following amongst, other
GROUNDS
For that the said Ordinance purporting to set up the Tribunal and govern it’s powers and procedures is null and void being in the party, offensive to the general intention of the Constitution, in part extra – the constitution and in part ultra vires the Constitution.
Record of Proceedings, Agartala Conspiracy Case . 17
II.For that, the said Ordinance is beyond the scope and purview of the provisions of Article 30 of the Constitution.
III. For that, the said ordinance is in gross violation of Fundamental Right guaranted under Article 2 and Article 6 of the Constitution.
IV. For that, the said Ordinance is retroactive in nature purporting to authorise the punishment of the petitioner which was not punishable at the time of the offence alleged to have been committed.
V. For that, the Ordinance purports to inflict punishment which is likely to be greater and virtually having the effect being different both in nature and kind.
VI. For that, the said Ordinance purports to aggravate the punishment.
VII. For that, the said Ordinance is contrary to and in violation of
Article 2 of the Constitution.
VIII. For that, the said Ordinance purports to change the rules of
evidence to the great disadvantage of the petitioner.
IX. For that, the said Ordinance purports to make inroads into the rights
of the petitioner to be tried by a jury and have the right to prefer an application for bail and other rights which were available to him at the time of offence were alleged to have been committed by him.
X. For that, the said ordinance is beyond the legislative competence of the Central Legislature.
XI. For that, the administration of Criminal Justice by the said Tribunal is beyond the contemplation of the Constitutional framework of Pakistan.
XII. For that cumulative effect of the said inroads into in rights of the petitioner is too great and had seriously aggravated the defence of the petitioner.
XIII. For that, the said ordinance by providing the Military Custody pending the trial had already, in fact, made the petitioner to undergo punishment before the verdict in the case and the same is hit by Article 6 para 4 and Article 2 of the Constitution and the same is not permissible under the constitution of Pakistan.
Wherefore it is prayed that your Lordships will be pleased
A) To issue a Rule Nisi upon the Respondents to show cause why the proceedings pending before the said Tribunal purporting to try the petitioner and others under the said ordinance should not be
18 . Record of Proceedings, Agartala Conspiracy Case
declared illegal being without lawful authority and is of no legal effect and why a direction should not be made questioning the entire proceeding and to discharge the petitioner.
B) After hearing in the cause, if any, shown, made the Rule absolute.
C) Direct Respondent No.1. to stay further proceedings pending the hearing of the rule.
D) Direct the respondent to bear the cost of the petition. And for this act of kindness, your petitioner, as in duty bound shall ever pray.
AFFIDAVIT.
I, Sheikh Mujibur Rahman son of Sheikh Lutfor Rahman of 677, D.R.A. Road. No.32 is aged about 48 years, by faith Muslim by occupation business, P.S. Tejgaon, Dist. Dacca, now being detained in Military custody under 14 Division Headquarters, do hereby solemnly affirm and say as follows:
1. That I am the petitioner and as such am competent to affirm this affidavit. I am conversant with the facts set out in the petition and amiable to depose thereto. That the statements made in paragraphs 1 to 16, 18, 19, 20, 21 are true to my knowledge and the statements contained in paragraph 17, 22 are a matter of records and true to my information derived from the record. The rest there is submission before this Hon’ble Court.
Prepared in my office. Sd/- M.A. Islam. Advocate. Solemnly affirmed by the said Sheikh Mujibur Rahman at the detention camp under Military Custody at Kurmitola, at Dacca, this the 1st day of
August 1968, BEFORE ME at 5.45 P.M.
Sd/Commissioner of Affidavits,
High Court, Dacca.
Sd/- Sheikh Mujibur Rahman.
Deponent.
Record of Proceedings, Agartala Conspiracy Case • 19
FORMAL CHARGE
[with two heads]
Accused No. is formally charged as follows:
First: that he between the beginning of the year, 1964 and the end of the year, 1967, conspired with his co-accused and the persons whose names are mentioned in list ‘A’, as well as with certain citizens of India, to wage war against Pakistan, and to deprive Pakistan of its sovereignty over a part of its territory, namely, the Province of East Pakistan, by means of criminal force, in an armed revolt which was to be carried out mainly with weapons, ammunition and funds provided by India, through his Indian co-conspirators;
And that in pursuance, aid, and furtherance of the aforesaid conspiracy, he did and said what is attributed to him in the complaint, at the times and places mentioned therein; And thereby committed an offence punishable under section 121-A of the Pakistan Penal Code;
Secondly; that he abetted the committing of mutiny by those of his co-accused and the persons mentioned in List ‘A’, who are members of the Army, Navy or Air Force of Pakistan; and that he attempted to seduce them from their allegiance and duty; by doing and saying what is attributed to him in the complaint at the times and places mentioned therein;
And thereby committed an offence punishable under section 131 of the Pakistan Penal Code;
And since some of the persons with whom he engaged in the committing of these offences are subject to a service law while others are not, he is triable under section 3 of the Criminal Law Amendment (Special Tribunal) Ordinance, 1968, by this honorable Tribunal, for these offences.
[The list of witnesses intended to be produced in support of this charge, is submitted as required by section 5 of the Criminal Law Amendment (Special Tribunal) Ordinance, 1968. In addition, lists of documents and articles intended to be produced in support of this charge are also submitted. These lists bear the heading “List of witnesses”, “List of Documents” and “List of Articles”, respectively, as explained in Annex ‘T’. Supplementary lists may be submitted later.]
The substance of the statements of the witnesses whose names are listed at Nos. 1 to 24, is sufficiently clear from the complaint. They include the 11 approver, who attended the various meetings mentioned in the complaint and took part in the activities of the group mentioned in the complaint and are in a position to depose to what they themselves said or did, and what the accused persons said or did.
Categories I & II of the statements.
Their statements recorded in the course of the investigation have been delivered to the accused.
The remaining 13, of those 24 witnesses are persons who were not members of the Conspiracy but came to observe or hear what was done or said by the accused on various occasions as mentioned in the complaint.
Categories III & IV.
Copies of their statements recorded in the course of the investigation have also been supplied to the accused.
Category V.
Four of the accused have made judicial confessions. Copies of those four confessional statements have also been supplied to the accused.
The gist of the evidence of each one of the remaining witnesses is orally indicated.
Note: (For the convenience of the accused, the oral gist has been reproduced in the pages that are attached. Such further, particulars as to dates and places as were asked for during the oral statement, have also been included.)
Record of Proceedings, Agartala Conspiracy Case 21
Before the Special Tribunal set-up u/s 4 of the Criminal Law Amendment (Special Tribunal) Ordinance, 1968, by Notification S.R.O. 59(R)/68, dated the 21st of April, 1968.
THE STATE
Versus
SHEIKH MUJIBUR RAHMAN and others, – Accused.
This Statement of the Case on behalf of the prosecution (herein after referred to as the complaint) submitted by the Central Government u/s 5 of the aforesaid Ordinance.
Respectfully sheweth that:
1. In pursuance of secret information received as to the existence of a conspiracy to deprive Pakistan of a part of its territories by an armed revolt, with weapons, ammunitions and funds provided by India, and to establish therein an independent government recognised by India, some persons were arrested in December, 1967, under the Defence of Pakistan Rules and some others under the Laws relating to the Defence Services.
2. Documents produced by or recovered from some of those persons contain code-names for some of the important participants in the conspiracy, specifications and quantities of arms and ammunitions required for the purposes of the conspiracy, instructions for tasks to be done before the ‘D’ Day!’, Instructions for the ‘D’ Day, and other memoranda.
3. The main plan of action was to capture the armouries of military units so as to paralyse them. The action was to be carried out in commando style and surprise was to compensate for the lack of manpower. The tasks to be performed in this connection included:
22 • Record of Proceedings, Agartala Conspiracy Case
(i) enlisting of men from among the Armed Forces, Ex Servicemen and Civilians who could be effectively subverted to build up an armed spearhead;
(ii) securing of arms and funds from local sources in addition to those to be provided by India;
(iii) creating of general political disaffection by propaganda; and
(iv) fixing an opportune moment as the ‘D’ Day to take over strategic points by force.
4. In pursuance of their objective, a meeting was arranged between the representatives of those who had to conduct the operations in Pakistan with the representatives of India who were to supply the funds, arms and ammunition. This meeting took place at AGARTALA ir INDIA on the 12th of July, 1967.
5. The more important incidents in the development of this conspiracy and the more significant details of those incidents are given in the paragraphs that follow. While giving the gist of the discussion at a meeting, the reiteration of the general aims and objects of the conspiracy, that took place practically in every meeting, has been mostly omitted. The five lists that accompany this complaint entitled respectively, ‘List A’, ‘List of the Accused Persons’, ‘List of Witnesses’, ‘List of Documents’ and ‘List of Articles’, are explained in Annex ‘I’. The code names of the accused persons are explained in Annex ‘II’. Where a name appears for the first time in this complaint, it is set out in full, but where it occurs again, only so much of it is mentioned as is necessary to distinguish it from others. For the sake of complete identification, however, each time a name that is included in the ‘List of the Accused Persons’, or a name that is included in the ‘List of Witnesses’, is mentioned, the serial number at which that name occurs in the relevant list is specified along with the word “accused’ or ‘witness’ depending on the list in which that name is included. Similarly, where a place is mentioned for the first time, its description is set out in full, but where it
Record of Proceedings, Agartala Conspiracy Case. 23
appears again, only so much of that description is mentioned as is necessary to distinguish it from others.
6. Between the 15th and the 21st of September, 1964. Sheikh Mujibur Rahman accused No. 1, was on a visit to Karachi. He was invited to attend a meeting convened by Lt. Mauzzam Hossain of Pakistan Navy (now Lt. Commander Muazzam Hossain) accused No. 2, who, at an earlier meeting, at his own residence, Bungalow No. D/77, K.D.A Scheme No. 1, Karachi, at the beginning of 1964, in agreement with Steward Mujibur Rahman, accused No. 3, ExLeading Seaman Sultan-ud-Din Ahmad, accused No. 4, Leading Seaman Noor Muhammad, accused No. 5, and Lt. Muzzammil Hossain, witness No. 1, had decided to consult Sheikh Mujibur Rahman, accused No. 1 in connection with a plan to form a revolutionary organisation for taking over East Pakistan. This meeting was held at the house of Mr. Kamal-Ud-Din Ahmad, witness No. 2, at No. 3/47, M.S.G.P. School Teachers’ Co-operative Society (popularly known as Maalama Abad) Karachi, and was attended by:
(i) Sheikh Mujibur Rahman accused No. 1.
(ii) (ii) Muazzam, accused No. 2.
(iii) (iii) Steward Mujib, accused No. 3,
(iv) (iv) Sultan, accused No. 4, (v) Noor Muhammad, accused No. 5,
(v) (vi) Mr. Ahmed Fazlur Rahman C.S.P. accused No. 6 and
(vi) (vii) Muzzamil Hossain witness No. 1.
Muazzam accused No. 2, said that the East Pakistani element in the Navy had formed a militant force for making East Pakistan into an independent state and that the East Pakistani personnel from the Army and the Air Force would also be inducted into that group. He explained that for the successful propagation of the project, the support and cooperation of political leaders and Civil Service officials from East
24 . Record of Proceedings, Agartala Conspiracy Case
Pakistan was needed. He further explained that funds would be needed to finance the group. Sheikh Mujibur Rahman accused No. 1, not only agreed but said that his own idea was the same. He promised his full support and undertook to provide the requisite funds. A. F. Rahman, accused No. 6, while agreeing with Muazzam, accused No. 2, that an armed revolt was the only answer to the disparity existing between the two wings of Pakistan, said that he was not sure as to what the reaction of India would be to such action. Sheikh Mujibur Rahman accused No. 1, said that was his (Sheikh Mujibur Rahman’s) concern. He added, however, that they might go slow for the time being, because this action might not be necessary if the opposition won the Presidential election, which was then about to be held.
Sheikh Mujibur Rahman, accused No. 1, again visited Karachi, after the Presidential election and was there from the 15th to the 21st of January, 1965. On a day between those dates, a meeting was held at the aforesaid house of Muazzam, accused No. 2, which was attended by:
(i) Sheikh Mujibur Rahman accused No. 1, (ii) Muazzam accused No. 2, (iii) Noor Muhammad accused No. 5, (iv) A. F. Rahman, accused No. 6, (v) Flight Sergeant Mahfizullah, accused No. 7, (vi) Lt. Muzzamil Hossain, witness No. 1,
and some others who have not been identified.
Sheikh Mujibur Rahman accused No. 1, said that the only way in which the people of East Pakistan could live honourably was to separate themselves from West Pakistan. He promised full support and monetary assistance and urged Muazzam, accused No. 2 to shift his headquarters to East Pakistan and to expedite the activities of the revolutionary group.
Record of Proceedings, Agartala Conspiracy Case • 25
8. Mr. Mohammad Amir Hossain Mia, witness No. 3, who was employed in the Central Statistical Office at Karachi, was on intimate terms with Steward Mujib, accused No. 3, Sultan, accused No. 4 and Ex-Corporal Abul Bashar Mohammad Abdus Samad, accused No. 8. Sometime in January 1965, Steward Mujib, accused No. 3, introduced Amir Hossain, witness No. 3 to Muazzam, accused No. 2. Amir Hossain, witness No. 3, was greatly impressed and became an active member of the group.
9. Between January 1965 and August 1965, several meetings were held at the house of Muazzam, accused No. 2, which were normally attended by:
(i) Muazzam, accused No. 2, (ii) Steward Mujib, accused No. 3, (iii) Sultan, accused No. 4, (iv) Noor Muhammad, accused No. 5, (v) Ex-Hav. Dalil-Ud-Din, accused No. 9, and (vi) Amir Hossain, witness No. 3,
who were active members of the organisation. The aims and objects, and the methods to be adopted for their achievement were discussed at these meetings.
10. To initiate activities in East Pakistan, it was found necessary to arrange that some of the active members should be there permanently. Accordingly, Steward Mujib, accused No. 3 and Sultan, accused No. 4, went on leave to Dacca at the instance of Muazzam, accused No. 2. Attempts were being made to have them permanently transferred to East Pakistan. In August 1965, Muazzam, accused No. 2, in consultations conducted through Steward Mujib, accused No. 3 and Sultan, accused No. 4 with Sheikh Mujibur Rahman, accused No. 1, arranged a group-meeting at the residence of Sheikh Mujibur Rahman, accused No. 1, at No.
26. Record of Proceedings, Agartala Conspiracy Case
677, Road 32, Dhanmandi, Residential Area, Dacca. Sultan, accused No. 4 sent Rs. 1,500 in an insured envelope addressed to Amir Hossain, witness No. 3, and Rs.500 by telegraphic money order addressed to Noor Muhammad, accused No. 5 of delivery to Muazzam, accused No. 2, to cover the travelling expenses of the group members proceeding from Karachi to Dacca for attending the meeting. These amounts were sent and were delivered to Muazzam, accused No. 2, in due time.
11. The aforesaid meeting was fixed for the 29th of August, 1965. Muazzam, accused No. 2, and Amir Hossain witness No. 3, left Karachi for Dacca by a P.I.A. flight to attend it.
12. The aforesaid meeting was held at the appointed place on the appointed day at 3 p. m., and was attended by:
(i) Sheikh Mujibur Rahman, accused No. 1, (ii) Muazzam, accused No. 2, (iii) Steward Mujib, accused No. 3, (iv) Sultan, accused No. 4, (v) Mr. Ruhul Qudus, C.S.P., accused No. 10, and (vi) Amir Hossain, witness No. 3.
Muazzam, accused No. 2, reviewed the progress made, claiming that under the guidance and blessing of Sheikh Mujibur Rahman, accused No. 1, he had enlisted a large number of serving and released personnel of the Armed Forces, who had undertaken to make East Pakistan an independent state. All the participants expressed their satisfaction with the progress made. Muazzam, accused No. 2, stressed the need for funds, arms, and ammunition. Sheikh Mujibur Rahman, accused No. 1, assured them of the requisite help from India. For the time being, he undertook to provide rupees one lac” to Muazzam, accused No. 2, in installments of Rs. 2,000 to Rs. 4,000, to be collected by Steward Mujib, accused No. 3 and Sultan, accused No. 4.
Record of Proceedings, Agartala Conspiracy Case • 27
13. On the 1st of September, 1965, Steward Mujib, accused No. 3, obtained a sum of Rs.700 from Sheikh Mujibur Rahman, accused No. 1, at his house in Dhanmandi, Dacca, and made it over to Amir Hossain, witness No. 3.
14. On the 9th of September, 1965, Steward Mujib, accused No. 3, obtained from Sheikh Mujibur Rahman, accused No. 1, a sum of Rs. 4,000, at his house in Dhanmandi, Dacca, and made it over to Amir Hossain, witness No. 3 who gave back Rs. 300 to Steward Mujib, accused No. 3 and Sultan, accused No. 4, for their personal expenses, and retained the balance with himself for being made over to Muazzam, accused No. 2.
15. On the outbreak of the Indo-Pakistan War, the defence personnel on leave or on temporary duty in East Pakistan were unable to return to the places of their postings in West Pakistan. They were recalled to duty in East Pakistan. Steward Mujib, accused No. 3, and Sultan, accused No. 4, were accordingly attached to the Naval Base at Chittagong in September 1965. They continued their activities in connection with the conspiracy during the period of their attachment.
16. In December 1965, a meeting of the group was held at the residence of A. F. Rahman, accused No. 6, Flat No. 21, Ilaco House, Victoria Road, Karachi, which was attended by:
(i) Muazzam, accused No. 2, (ii) Noor Muhammad, accused No. 5, (iii) A. F. Rahman, accused No. 6, (iv) Samad, accused No. 8, and (v) Amir Hossain, witness No. 3.
The progress made was discussed and the role played by Sheikh Mujibur Rahman, accused No.1 was praised. A. F. Rahman, accused
28 • Record of Proceedings, Agartala Conspiracy Case
No.6, undertook to procure transistorised transmitters, from the United Kingdom. It was decided that efforts be made to have Muazzam, accused No. 2, transferred to East Pakistan. In this connection, the good offices of Mr. K.G. Ahmad, witness No. 4, who was then staying as a guest with A. F. Rahman, accused No. 6, were to be utilised.
17. In the same month (December 1965), another meeting was held at the house of Muazzam, accused No. 2, Officer’s Quarters, Karsaz, Karachi, which was attended by the persons mentioned in paragraph 16. Muazzam, accused No. 2, explained that Steward Mujib, accused No. 3, and Sultan, accused No. 4, were operating in East Pakistan and that Samad, accused No. 8 and Amir Hossain, witness, No. 3 would be sent soon to Dacca for expediting the group work. Muazzam, accused No. 2, claimed to have recruited 3,000 volunteers and maintained that if they were equipped and led properly by a few officers of the Defence Services they would, in no time, oust the West Pakistan personnel from East Pakistan. The points discussed in the meeting mentioned in paragraph 16 were brought under discussion.
18. In the same month (December 1965), another meeting was convened by Mahfizullah, accused No. 7, at his Quarter No. 329/2, Korangi Creek, Karachi, which was attended by:
(i) Sultan, accused No. 4, (ii) Mahfizullah, accused No. 7, (iii) Flt. Sgt. Muhammad Fazalul Haq, accused No. 11, (iv) Warrant Officer Musharaf H. Sheikh, witness No. 5, (v) Sgt. Shamsuddin Ahmad, witness No. 6,
and a few others who have not been identified.
Mahfizullah, accused No. 7, and Sultan, accused No. 4, reiterated that East Pakistan could be saved only be separating it from the Central
Record of Proceedings, Agartala Conspiracy Case • 29
Government, which could not be achieved without staging an armed revolt. The progress under the leadership of Muazzam, accused No. 2, was mentioned.
19. On the departure of Amir Hossain, witness No. 3, from Karachi on the 2nd February 1966, Muazzam, accused No. 2, gave him three table diaries, on some of the pages of which he had written down instructions and memoranda, for his guidance. Muazzam, accused No. 2, told him that he had copied those instructions in the said diaries from his note-book. It is in one of those diaries that the code names explained in Annex ‘II’, are to be found. He also gave him a man and two lists of arms and ammunition to be handed over to Sheikh Mujibur Rahman, accused No. 1, on his demand.
Muazzam, accused No. 2, told Amir Hossain, witness No. 3, to be the treasurer, and authorised him to collect and receive funds for the group and asked him to send the amounts so received to him (Muazzam, accused No. 2) in Karachi through merchant ships, after deducting the expenses incurred in East Pakistan.
20. After his arrival at Dacca, Amir Hossain, witness No. 3, went to Chittagong, where Steward Mujib, accused No. 3, and Sultan, accused No. 4, were busy propagating the insurrectionist aims, to assess the progress in that area. On 6th February 1966, he convened a party meeting in his room in Mishka Hotel, which was attended by:
(i) Steward Mujib, accused No. 3, (ii) Sultan, accused No. 4, (iii) Mr. Bhupati Bhushan Chaudhury (popularly known as Manik
Chaudhury) accused No. 12, (iv) Mr. Bidhan Krishna Sen, accused No. 13, (v) Subedar Abdur Razzaq, E.B.R., accused No. 14, (vi) Dr. Saeedur Rahman Chaudhury, witness No. 7, and (vii) Ex-Lt. Commander Muhammad Shaheedul Haq (P.N.V.R.),
witness No. 8.
30 . Record of Proceedings, Agartala Conspiracy Case
Manik Chaudhury, accused No. 12 and Saeed-Ur-Rahman, witness No. 7, told Amir Hossain, witness No. 3, that Sheikh Mujibur Rahman, accused No. 1, had directed them to extend their whole-hearted support to the group. They were aware of its aims and objects. Manik Chaudhury, accused No. 12, gave a sum of Rs. 3,000 in cash to Amir Hossain, witness No. 3, in aid of the conspiracy.
21. In February 1966, Samad, accused No. 8 was sent to Dacca by Muazzam, accused No. 2, to strengthen the ranks of the group in East Pakistan. His release from service having come through, it was necessary to arrange for his livelihood. Muazzam, accused No. 2, accordingly wrote a letter to Amir Hossain, witness No. 3, directing him to pay Rs.300 per month to Samad, accused No. 8, till a job could be found for him. In that letter which is dated 25th February 1966, Muazzam, accused No. 2, further said that he had discussed everything with “Parash” (code name of Sheikh Mujibur Rahman, accused No. 1) and that there was nothing to worry about.
22. In the same month, Samad, accused No. 8, recruited four new members, namely:
(i) Mujibur Rahman, Clerk, E.P.R.T.C., accused No. 15, (ii) Ex-Flight Sergeant Muhammad Abdur Razzaq, accused No.
16, (iii) Ex-Naib Subedar Ashraf Ali Khan, witness No. 9, and (iv) Ex-L. Naik A. B. M. Yousaf, witness No. 10.
They were indoctrinated by Amir Hossain witness No. 3.
23. On the 25th February 1966, Sheikh Mujibur Rahman, accused No. 1, visited Chittagong and held a public meeting at Lal Digi Maidan. After that meeting, he convened a meeting of the group at the residence of Saeed-ur-Rahman, witness No. 7, located at 12, RafiqUd-Din Siddiqi by lane, Inayat Bazar, Chittagong, which was attended by:
Record of Proceedings, Agartala Conspiracy Case • 31
(i) Sheikh Mujibur Rahman, accused No. 1, (ii) Steward Mujib, accused No. 3, (iii) Manik Chaudhury, accused No. 12, and (iv) Saeed-ur-Rahman, witness No. 7.
Sheikh Mujibur Rahman, accused No. 1, asked Saeed-Ur-Rahman, witness No. 7, to provide a place for holding the meetings of the group.
24. In the same month (February 1966), Sheikh Mujibur Rahman, accused No. 1, tapped another source for obtaining financial assistance for the group. Mr. Muhammad Mohsin, witness No. 11, who is a cousin of Ruhul Quddus, accused No. 10, had been providing funds to Sheikh Mujibur Rahman, accused No. 1, previously. Sheikh Mujibur Rahman, accused No. 1 asked him for money for the group. As Mohsin, witness No. 11, was coming out of the sitting room of Sheikh Mujibur Rahman accused No. 1, Sultan, accused No. 4, told him to deliver the amount requested by Sheikh Mujibur Rahman, accused No. 1, to “Murad” (Murad is the code name of Steward Mujib, accused No. 3), Accordingly, after 2 or 3 days. Steward Mujib, accused No. 3, obtained Rs. 700 from Mohsin, witness No. 11, in two installments.
25. In March 1966, on the instructions of Muazzam, accused No. 2, Samad, accused No. 8, was employed by A. F. Rahman, accused No. 6, as the Manager of a Petrol Pump belonging to his wife which is located close to the residence of Indian Dy. High Commissioner in Dacca. The name of this Petrol Pump is Green View Petrol Pump. The arrangement was cover for providing a liaison between the officials of the Indian High Commission and the members of the group through A. F. Rahman, accused No. 6. The Indian High Commission personnel visited that pump, ostensibly for the purpose of drawing petrol.
26. On the 4th March 1966, Muazzam, accused No. 2, wrote a letter to Amir Hossain, witness No. 3, directing him to approach K.G.,
32 • Record of Proceedings, Agartala Conspiracy Case
28. Sheikh Mujibur Rahman, accused No. 1, convened a meeting of the conspirators on the 12th of March 1966, which was a Saturday, to suit the convenience of Muazzam, accused. 2, who could only come during a week-end from Karachi without obtaining leave. The meeting was held at about sunset at the house of Mr. Taj-Ud-Din, No. 617, Road No. 18, Dhanmandi, Dacca. Mr. Taj-Ud-Din, who is a political associate of Sheikh Mujibur Rahman, accused No. 1, had lent his premises for the meeting but was not himself present in it. Sheikh Mujibur Rahman, accused No. 1, collected most of those who had to attend the meeting from a bus-stop and took them in a car to the aforementioned house. This meeting was attended by:
(i) Sheikh Mujibur Rahman, accused No. 1, (ii) Muazzam, accused No. 2, (iii) Steward Mujib, accused No. 3, (iv) Ruhul Quddus, accused No. 10, and (v) Amir Hossain, witness No. 3.
Muazzam, accused No. 2, expressed the hope that on the ‘D’ Day, the entire public of East Pakistan would be behind them. All the participants were agreed that the stage had arrived when the members of the conspiracy should be provided with, and trained in, the use of arms. Arrangement for sending some of their representatives to India to discuss the arms deal with the Indian officials was also considered.
29. A few days later, Ashraf Ali, witness No. 9, delivered to Amir Hossain, witness No. 3, what purported to be a sketch of the layout of one of the Cantonments in East Pakistan.
30. By a letter, dated the 19th March 1966, Muazzam, accused No. 2, informed Amir Hossain, witness No. 3, that A.F. Rahman, accused No. 6, had telephoned to say that the transfer of Moazzam, accused No. 2, to Dacca had been arranged. He also informed Amir Hossain, witness No. 3, that Noor Muhammad, accused No. 5, would go to
34 . Record of Proceedings, Agartala Conspiracy Case
Dacca within a few days and would apprise him of the work of the group in West Wing. In the same letter, he also wrote, in disguised language, that he would send him small arms through his servant Shafi (not available so far) and that Amir Hossain, witness No. 3, should procure more money for purchasing weapons.
31. After about a week, Muazzam, accused No. 2, wrote another letter to Amir Hossain, witness No. 3, asking him to obtain money from A.F. Rahman, accused No. 6, and to send it to him through a bank draft. Accordingly, Amir Hossain, witness No. 3, obtained Rs. 5,500 in cash from A. F. Rahman, accused No. 6. He despatched Rs. 5,000 to Muazzam, accused No. 2, through a bank draft on the 31″ March 1966, and retained Rs.500 with himself for expenses.
32. On the 3rd April 1966, Steward Mujib, accused No. 3, and Amir Hossain, witness No. 3, went to the residence of Sheikh Mujibur Rahman, accused No. 1, at Dhanmandi, Dacca and told him that more funds were needed for purchasing small arms and ammunition for the group. Sheikh Mujibur Rahman, accused No. 1, gave Rs. 4,000 in cash to Steward Mujib, accused No. 3, who had been nominated by Muazzam, accused No. 2, to collect funds for the group from Sheikh Mujibur Rahman, accused No. 1. Steward Mujib, accused No. 3 delivered the amount to Amir Hossain, witness No. 3.
33. The following day, Amir Hossain, witness No. 3, received a letter from Muazzam, accused No. 2, in disguised language, expressing the urgency for the procurement of more funds. Accordingly, Amir Hossain, witness No. 3, sent Steward Mujib, accused No. 3, to Ruhul Qudus, accused No. 10, for more funds. Steward Mujib, accused No. 3, collected Rs. 2,000 from Ruhul Qudus, accused No. 10, and delivered the said amount to Amir Hossain, witness No. 3. Thereafter, Amir Hossain, witness No. 3, sent Steward Mujib, accused No. 3, with Rs. 6,000 to Chittagong for despatch to Muazzam, accused No. 2, through a merchant ship.
Record of Proceedings, Agartala Conspiracy Case • 35
34. About the same time, Amir Hossain, witness No. 3, hired house No.
107-Dina Nath Sen Road, Dacca, at the expense of the group. This house was fitted with a telephone bearing the number 82452.
35. On the 6th of April, 1966, Muazzam, accused No. 2, wrote a letter to Amir Hossain, witness No. 3, acknowledging the receipt of the bank draft that was sent to him earlier. In that letter, in disguised language, he mentioned the financial and other requirements for the purposes of the conspiracy and asked Amir Hossain, witness No. 3, to prepare a budget. Amir Hossain, witness No. 3, not being conversant with the technical details of arms, decided not to prepare the budget until it was demanded by Sheikh Mujibur Rahman accused No. 1.
36. Soon after, Amir Hossain, witness No. 3, received another letter dated the 8th of April, 1966, from Muazzam, accused No. 2, asking him to inform “Tusar” (code name for A.F. Rahman, accused No. 6,) that he would be coming on transfer to East Pakistan about the 22nd of April, 1966.
37. In the same month (April 1966), Manik Chaudhury, accused No. 12, called at the residence of Sheikh Mujibur Rahman, accused No. 1, at Dhanmandi, Dacca. He found Sultan, accused No. 4, already present there. Sheikh Mujibur Rahman, accused No. 1, asked Manik Chaudhury, accused No. 12, to give money to Sultan, accused No. 4. Three or four days later, Sultan, accused No. 4, called at the residence of Manik Chaudhury, accused No. 12, at 41, Ramjoy Mohajan Lane, Chittagong Town, and Manik Chaudhury, accused No. 12, gave him Rs. 1,500 for the purposes of the conspiracy.
38. In the same month (April 1966), Mohsin, witness No. 11, called on Sheikh Mujibur Rahman, accused No. 1, at his residence in Dhanmandi, Dacca. Sheikh Mujibur Rahman, accused No. 1, told Mohsin, witness No. 11, in confidence that he had formed a
36 • Record of Proceedings, Agartala Conspiracy Case
revolutionary group which included members and ex-members of the Armed Forces, and requested him to provide monetary assistance for the activities of the group.
39. Sometime at the end of April 1966, or the beginning of May 1966, after his transfer to Chittagong, Muazzam, accused No. 2, visited Amir Hossain, witness No. 3, at his residence, 107, Dina Nath Sen Road, Gandaria, Dacca. The details of the money received on behalf of the group and the expenses incurred by the group were discussed. Muazzam, accused No. 2, could not justify the huge expenses he had incurred in the name of the organisation. Amir Hossain, witness No. 3, and Muazzam, accused No. 2, exchanged hot words. Amir Hossain, witness No. 3, lost faith in the leadership of Muazzam, accused No. 2. The same evening, Amir Hossain, witness No. 3, handed over Rs.8,000 in cash along with two cash books, and other papers relating to accounts, to Muazzam, accused No. 2, at the house of Dr. Khaleque, Road No. 2, Dhanmandi Residential area, Dacca, where Muazzam, accused No. 2, was staying. That house is called “Aleya”. Muazzam, accused No. 2, paid Rs. 1,500 out of that sum to Amir Hossain witness No. 3, for clearing the rent of the house in which he was living on Dina Nath Sen Road. Amir Hossain, witness No. 3, thereafter severed his connection with the conspiracy
40. On the 1st of May, 1966, Muazzam, accused No. 2, was posted to the Naval Base Chittagong, Soon after his posting there, he convened a meeting of the group. This meeting was held in the “outer house” of Saeed-Ur-Rahman, witness No. 7, who had agreed to allow it to be used as the meeting place for the group. This “outer house” is located in Inayat Hossain Market, Chittagong. This meeting was attended by:
(i) Muazzam, accused No. 2, (ii) Steward Mujib, accused No. 3,
Record of Proceedings, Agartala Conspiracy Case . 37
(iii) Sultan, accused No. 4, (iv) Manik Chaudhury, accused No. 12, (v) Mr. Muhammad Khurshid, accused No. 18, and (vi) Saeed-Ur-Rahman, witness No. 7.
Manik Chaudhury, accused No. 12, and Saeed-Ur-Rahman, witness No. 7, were excluded from the proceedings of this meeting.
41. On the 9th of May, 1966, Sheikh Mujibur Rahman, accused No. 1, was arrested under the Defence of Pakistan Rules in connection with certain activities which are unconnected with this conspiracy. He remained in detention under the defence of Pakistan Rules till he was arrested and taken into custody in connection with this conspiracy. (During his detention under the Defence of Pakistan Rules, he was put on his trial in several cases).
42. After the aforesaid arrest of Sheikh Mujibur Rahman, accused No. 1, an emergent meeting of the Political Party to which he belongs, was held at his residence on the 20th of May, 1966. Manik Chaudhury, accused No. 12, went from Chittagong to Dacca, to attend that meeting. Before attending the meeting, Manik Chaudhury, accused No. 12, took Saeed-Ur-Rahman, witness No. 7, to Mr. P.N. OJHA, 1s Secretary to the Deputy High Commission for India in Pakistan, at the offices of the High Commission in Dacca. Mr. P.N. Ojha noted down the particulars of Saeed-Ur-Rahman, witness No. 7, and asked him to visit him sometime afterwards. Saeed-Ur-Rahman, witness No. 7, came out of the office while Manik Chaudhury, accused No. 12, stayed behind for some time.
43. On the night between the 20th and 21st May 1966, Manik Chaudhury, accused No. 12, was arrested under the Defence of Pakistan Rules at Chittagong in connection with certain activities unconnected with this conspiracy.
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44. In the same month (May 1966), after the arrest of Manik Chaudhury, accused No. 12, Muazzam, accused No. 2, convened two more meetings of the conspirators in the aforesaid “outer house” which were attended by:
(i) Muazzam, accused No. 2, (ii) Steward Mujib, accused No. 3, (iii) Sultan, accused No. 4, (iv) Khurshid, accused No. 18, and (v) Saeed-Ur-Rahman, witness No. 7.
The tasks to be assigned to different members and the methods to be adopted for the successful execution of their plan were discussed. The layout of Dacca. Comilla, Jessore and Chittagong Cantonments and of the Naval Base at Chittagong were evaluated. The need for collecting more funds and arms emphasised.
45. In the same month (May 1966) at Chittagong, Mr. M.M. Rameez, witness No. 12, who was the District Manager of the P.I.A. at Chittagong, came into contact with Muazzam, accused No. 2, and joined the conspiracy.
46. Soon afterwards Rameez, witness No. 12, attracted Mr. K.M. Shamsur Rahman, C.S.P., accused No. 19, into the conspiracy. He was then functioning as the Chairman of the Chittagong Development Authority, Chittagong.
47. In the same month (May 1966), Ashraf Ali, witness No. 9, and Samad, accused No. 8, hired a house called “Psyche” at No. 100/3, Azimpur Road, Dacca, at the expense of the group. These two persons thereafter shifted to the new house from the house of Amir Hossain, witness No. 3, where they were previously living.
Record of Proceedings, Agartala Conspiracy Case 39
48. In June 1966, Muazzam, accused No. 2, at his residence, Nasirabad Housing Society, Chittagong, gave his diary, a note-book and a folder to Rameez, witness No. 12, and asked him to go through their contents. The aforesaid documents disclosed the objects and the pattern of the government of the proposed independent state. All property was to be acquired by the state; industry was to be nationalised and the currency was to be replaced by coupons. Muazzam, accused No. 2, also showed him the proposed flag of the new state which was in green and gold.
49. Later in the same month (June 1966), Muazzam, accused No. 2, convened a meeting at the house of Rameez, witness No. 12, P.I.A. House 60, Panchlaish, Chittagong, which was attended by:
(i) Muazzam, accused No. 2, (ii) Steward Mujib, accused No. 3, (iii) Khurshid, accused No. 18, (iv) Risaldar Shamsul Haq, A.C., accused No. 20 (v) Havilder Azizul Haq, S.S.G., accused No. 21, (vi) Rameez, witness No. 12.
The object of this meeting was to introduce Rameez to the front-line workers of the group. In addition to those whose names are mentioned above, some other workers also attended this meeting, but their identity has not been established.
50. Later in the same month (June 1966), Muazzam, accused No. 2, convened a meeting of the group at his residence, Nasirabad Housing Society, Chittagong, which was attended by:
(i) Muazzam, accused No. 2, (ii) Steward Mujib, accused No. 3, (iii) Sultan, accused No. 4, (iv) Subedar Razzaq, accused No. 14,
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(v) Sgt. Zahurul Haq, accused No. 17 (vi) Khurshid, accused No. 18, (vii) Risaldar Shamsul Haq, accused No. 20, (viii) Ashraf Ali, witness No. 9, and (ix) Yousaf, witness No. 10.
(Another person whose name was given as Sgt. Shafi, also attended this meeting but his identity has not been established).
Muazzam, accused No. 2, displayed his diary and a note book which contained the main features of the proposed new independent state to be called, “Bangla Desh”. The proposed national flag was also displayed.
51. In June/July 1966, Mahfizullah, accused No. 7, convened a meeting of the conspirators among the personnel of the Air Force, in his Quarter No. 25/3, Abyssinia Line Karachi, which was attended by:
(i) Noor Muhammad, accused No. 5, (ii) Mahfizullah, accused No. 7, (iii) S.A.C Mahfoozul Bari, accused No. 22, (iv) Musharaf, witness No. 5, (v) Corporal Jamaluddin Ahmad, witness No. 14, and (vii) Corporal Sirajul Islam, witness No. 15,
This meeting was also attended by a few others, who have not been traced. Much was made in this meeting of the importance of Noor Muhammad, accused No. 5 because he had come from the Navy. At the request of Mahfizullah, accused No. 7, Corporal Jamal, witness No. 14, who had recently returned from Dacca, apprised the audience of the progress made by the conspirators in East Pakistan and said that Sheikh Mujibur Rahman, accused No. 1, and some high-ranking civil officers had vitalised their activities. Mahfizullah, accused No. 7 told Siraj, witness No. 15, who was to proceed on leave to East Pakistan, to contact Fazlul Haq, accused No. 11 and Sergeant Shamsul Haq of the P.A.F accused No. 23, at P.A.F. Station, Dacca to maintain liaison with the rest.
Record of Proceedings, Agartala Conspiracy Case .41
52. Sometime in June/July 1966, it was arranged that Muazzam, accused No. 2, and Rameez, witness No. 12, should visit Comilla. Accordingly, Steward Mujib, accused No. 3, was sent to Comilla to inform Major (then Captain) Shamsul Alam, A.M.C. accused No. 24. Muazzam, accused No. 2, and Rameez, witness No. 12, left Chittagong in the car – HILLMAN IMP No. EBA-9591 of Muazzam, accused No. 2. They went to the residence of Shamsul Alam accused No. 24, at Comilla Town, where they were also joined by Capt. Muhammad Abdul Mutalib, Baluch Regiment (then with E.P.R.), accused No. 25. Muazzam, accused No. 2, said that Shamsul Alam, accused No. 24, would act as the Sector Commander for Comilla. He explained that at the time of the action, the plan would be to capture the armouries of military units and thus to paralyse their ability to fight. He observed that surprise would compensate for the lack of manpower. He asked Shamsul Alam, accused No. 24, to increase his contacts with the Service and ExService personnel. Mutalib, accused No. 25, said that he was enlisting members of the East Pakistan Rifles. Later, the five of them drove in the same car to the house of Capt. Muhammad Sawkat Ali Mian, A.O.C., accused No. 26, in Comilla Cantonment where Steward Mujib, accused No. 3, also joined them. Sawkat, accused No. 26, informed Muazzam, accused No. 2, that he had contacted Capt. Muhammad Abdul Alim Bhuiyan, A.O.C., witness No. 13, and Capt. Khondkar Najm-ul-Huda, A.S.C., accused No. 27, at Dacca and that the said two officers wanted to know more about the organisation. Muazzam, accused No. 2, promised to arrange a meeting at Dacca soon afterwards.
53. In the same month i.e., July 1966, Saeed-Ur-Rahman, witness No. 7, happened to visit Muazzam, accused No. 2, at the latter’s residence at Chittagong. On that occasion, Muazzam accused No. 2, disclosed to Saeed-Ur-Rahman, witness No. 7, that Manik Chaudhury, accused No. 12 before his arrest had promised to deliver a list of arms to P.N. Ojha, the First Secretary to Deputy High Commission
42 • Record of Proceedings, Agartala Conspiracy Case
for India in Dacca, for procuring arms for the conspiracy. Muazzam, accused No. 2, asked Saeed-Ur-Rahman witness No. 7, if he knew P.N. Ojha. Saeed-Ur-Rahman, witness No. 7, answered in the affirmative, whereupon Muazzam, accused No. 2, requested SaeedUr-Rahman, witness No. 7, to deliver the arms list to P.N. Ojha. Saeed-Ur-Rahman, witness No. 7, expressed his inability to do so, on account of the surveillance imposed upon him.
54. After a few days, one morning, P.N. Ojha appeared at the residence of Saeed-Ur-Rahman, witness No. 7, at Chittagong and complained to him that in spite of his request, he (Saeed-Ur-Rahman, witness No. 7), did not call at his office in Dacca. On that occasion, SaeedUr-Rahman, witness No. 7, conveyed to P.N. Ojha the message of Muazzam, accused No. 2, regarding the arms list which Manik Chaudhury, accused No. 12, was to deliver to P.N. Ojha.
55. The next day under the instructions of P.N. Ojha. Saeed-Ur Rahman, witness No. 7, obtained the said list from Muazzam, accused No. 2, and delivered the same to P.N. Ojha at Chittagong Railway Station. At that time, P.N. Ojha gave a code word to SaeedUr-Rahman, witness No. 7. for contacting him in Dacca and asked that Muazzam, accused No. 2, should visit P.N. Ojha, in Dacca.
56. A few days later, Muazzam, accused No. 2, through Saeed-Ur Rahman, witness No. 7, arranged a meeting with P.N. Ojha at the official residence of the Deputy High Commissioner for India in Dhanmandi, Dacca. P.N. Ojha assured Muazzam, accused No. 2, that he would forward the arms list to the Indian Government for their approval. He, however, expressed his inability to deliver money to the conspirators for the time being.
57. Sometime in August 1966, Shawkat, accused No. 26, visited Dacca and stayed with Alim, witness No. 13 in the Ordnance Mess. The same evening, Muazzam, accused No. 2, visited Alim, witness No.
Record of Proceedings, Agartala Conspiracy Case • 43
13, and Shawkat, accused No. 26, in the said Mess. On that occasion, Muazzam, accused No. 2, announced that he would hold a meeting the following morning in the flat of Rameez, witness No. 12, in Muhammadpur Housing Estate in Dacca.
The following attended the aforesaid meeting:
(i) Muazzam, accused No. 2, (ii) Steward Mujib, accused No. 3, (iii) Sultan, accused No. 4, (iv) Najmul Huda, accused No. 27, (v) Shawkat, accused No. 26, and (vi) Alim, witness No. 13.
Muazzam, accused No. 2, showed the conspirators a diary and a note-book containing plans of action. Muazzam, accused No. 2, claimed that he had already contacted the Indian authorities for the procurement of arms and ammunition for the conspiracy. He expressed his desire that the members should induct a few more Army officers into the group to lead the men in Jessore and Rangpur area. He claimed that Capt. A.N.M. Nuruzzaman, E.B.R., accused No. 28, and his own Naval Force were sufficient to carry out the task at Chittagong. Muazzam, accused No. 2, commended the work done by Mutalib, accused No. 25, and Shamsul Alam, accused No. 24, at Comilla.
58. In the same month (August 1966,) Najmul Huda, accused No. 27, Shamsul Alam, accused No. 24, Alim, witness No. 13, and Shawkat, accused No. 26, met at the Daudkandi Rest House. They felt that the leadership of the conspirators should be vested in some senior Army officer. They decided to enquire from Muazzam, accused No. 2, the antecedents of the organisers.
59. In the same month (August 1966), Muazzam, accused No. 2 paid Rs. 5,000 from the group-funds to Rameez, witness No. 12, enable him to buy a car for the group work.
44. Record of Proceedings, Agartala Conspiracy Case
60. Sometime in September 1966, Muazzam, accused No. 2, held a meeting of the conspirators in the flat of Rameez, witness No. 12 at No. B-12-8 F8,/B-12/F-8, Mohammadpur Housing Estate, Dacca. The following attended the meeting:
(i) Muazzam, accused No. 2, (ii) Steward Mujib, accused No. 3, (iii) Sultan, accused No. 4, (iv) Shamsur Rahman, accused No. 19, (v) Shamsul Alam, accused No. 24, (vi) Mutalib, accused No. 25, (vii) Najmul Huda, accused No. 27, (viii) Rameez, witness No. 12, and (ix) Alim, witness No. 13.
Muazzam, accused No. 2, disclosed to the conspirators that the Indian authorities had agreed to supply the requisite arms and ammunition. He detailed Mutalib, accused No. 25, to organise the exservicemen in various groups and to train them in the use of a different type of weapons. Muazzam, accused No. 2, undertook to satisfy the financial needs of the Sector Commanders. Najmul Huda, accused No. 27, Shamsul Alam, accused No. 24, and Alim, witness No. 13, interrupted the proceedings by proposing that the leadership should be vested in some senior officer of the Army. Shamsur Rahman, accused No. 19, cut short the arguments by undertaking to contact Col. M.A.G. Osmani (Retired), in that connection. He explained that India and the block supporting it would readily recognise the newly independent state and that international considerations would restrain India from encroaching upon the territories of the new state. Muazzam, accused No. 2, declared that soon after securing independence, Martial Law would be promulgated in the country and on the restoration of normal conditions, general elections would be held. Rameez, witness No. 12, expressed the view that during the armed revolt communication would be maintained by using P.I.A. and P.A.F. planes and the radio sets. One of the
Record of Proceedings, Agartala Conspiracy Case .45
conspirators came out with the suggestion that East Pakistanis in West Pakistan would be exchanged with the West Pakistanis captured during the revolt in East Pakistan.
61. In the same month (September 1966), for the second time, Saeed Ur-Rahman, witness No. 7, arranged a meeting between Muazzam, accused No. 2, and Mr. P.N. Ojha at the latter’s residence in Dhanmandi, Dacca. P.N. Ojha told Muazzam, accused No. 2, that the Indian Government had agreed to supply arms to the conspirators and that he would inform Muazzam, accused No. 2, in due course, of the date on which the arms and ammunition would be delivered.
62. In October 1966, Muazzam, accused No. 2, arranged a meeting at his residence “Anchorage” at Chittagong, on the suggestion of Shamsur Rahman, accused No. 19, to ascertain the response of senior Army Officers to the group. Col. M.A.G. Osmani (Retired), was invited.
The following were present:
(i) Muazzam, accused No. 2, (ii) Shamsur Rahman, accused No. 19, (iii) Rameez, witness No. 12,
Muazzam, accused No. 2, mentioned the salient features of the conspiracy. He also disclosed that “a gentleman’s agreement” had been reached with India to the effect that she would not violate the existing boundaries of East Pakistan on the declaration of independence and that she would support the revolt by blocking sea and air against any intervention from West Pakistan. Col. M.A.G. Osmani merely listened to the discourse.
63. In October 1966, Saeed-Ur-Rahman, witness No. 7, for the third time arranged a meeting between Muazzam, accused No. 2, and P. N. Ojha
46 • Record of Proceedings, Agartala Conspiracy Case
at the latter’s residence in Dhanmandi, Dacca. P.N. Ojha regretted that due to the then impending general elections in India, the date for supply of arms and ammunition could not be fixed. P.N. Ojha advised the conspirators to wait for the supply of arms till the conclusion of the general elections in India.
64. In the same month (October 1966), Steward Mujib, accused No. 3, approached Mohsin, witness No. 11, for monetary help. Mohsin, witness No. 11, paid him Rs. 2,000. Steward Mujib, accused No. 3, said that Rs. 3 to 4 lacs were needed for procuring arms and ammunition. Mohsin, witness No. 11, got scared and turned out Steward Mujib, accused No. 3, immediately from his house.
65. On or about 23rd January 1967, Manik Chaudhury, accused No. 12, was released from detention.
66. In February 1967, Mahfizullah, accused No. 7, also reached Dacca and held a meeting of the Air Force personnel in the group, in the shop of M. A. Razzaq, accused No. 16, located in Awlad Hossain Market in Dacca. The following persons attended the meeting:
(i) Mahfizullah, accused No. 7, (ii) M. A. Razzaq, accused No. 16, (iii) Sgt. Shamsul Haq, accused No. 23, and (iv) Siraj, witness No. 15.
A few others also attended this meeting but they have not been traced. The general aims and objects of the conspiracy were discussed.
67. In March 1967, Muazzam, accused No. 2, was seconded to the East Pakistan Inland Water Transport Authority and was posted to Barisal.
68. In March 1967, both Siraj, witness No. 15 and Mahfizullah, accused
No. 7, returned to Karachi.
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69. In the same month (March 1967), Muazzam, accused No. 2, arranged his fourth meeting with P.N. Ojha through Manik Chaudhury, accused No. 12, at the residence of P.N. Ojha in Dacca. On 10″ March 1967, Muazzam, accused No. 2, Manik Chaudhury accused No. 12, and Saeed-Ur-Rahman, witness No. 7, met P.N. Ojha, who informed them that till the election of the Prime Minister of India, the date for the supply of arms and ammunition could not be fixed. P. N. Ojha enquired about their progress. At the conclusion of the meeting, P.N. Ojha gave them Rs. 5,000 in cash.
70. On 31st March 1967, Muazzam, accused No. 2, along with Manik Chaudhury, accused No. 12, and Saeed-Ur-Rahman, witness No. 7, met P.N. Ojha for the fifth time at the residence of P.N. Ojha in Dacca. In that meeting P.N. Ojha disclosed that Indian Government felt that prior to the supply of arms and ammunition, a meeting between the representatives of the conspiratorial group and some officials from India was necessary, P.N. Ojha suggested Agartala (India), which is not far from the Pakistan border as the venue for the meeting. He asked Muazzam, accused No. 2, to propose the names of three representatives. P.N. Ojha gave them Rs. 10,000 on this occasion.
71. In the same month (March 1967), Muazzam, accused No. 2, Steward Mujib, accused No. 3, and Rameez, witness No. 12, assembled in the flat of Rameez, witness No. 12, in Muhammadpur Housing Estate, Dacca. Muazzam, accused No. 2, told Rameez, witness No. 12, that he had ample funds available with him, and that they were receiving financial aid from P. N. Ojha. He also said that they were receiving financial support from Ruhul Quddus, accused No. 10, and A. F. Rahman, accused No. 6. Steward Mujib, accoused No. 3, confirmed those facts. In that meeting, the conspirators decided to hire another house for holding meetings and to provide accommodation for the whole time workers. In order to provide cover for the activities of the conspirators, it was also decided that
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some funds be provided to set up an ostensible business. Rameez, witness No. 12, recommended the name of his friend Abu Shams Lutful Huda, witness No. 16, for setting it up.
72. In the same month (March 1967), another party meeting was held in the aforementioned flat. The following attended the meeting:
(i) Muazzam, accused No. 2, (ii) Steward Mujib, accused No. 3, (iii) Samad, accused No. 8, (iv) Shamsur Rahman, accused No. 19, (v) Mutalib, accused No. 25, (vi) Rameez, witness No. 12, and (vii) Lutful Huda, witness No. 16.
In that meeting issues concerning the procurement of transmitter sets and the training of operators were discussed. It was also decided that a substantial amount should be placed at the disposal of Rameez, witness No. 12, for conducting the group’s cover business under the supervision of Lutful Huda, witness No. 16.
73. A few days later (March 1967), Rameez, witness No. 12, received Rs. 25,000 from Muazzam, accused No. 2, through Steward Mujib, accused No. 3. Out of the said amount, Rameez, witness No. 12, paid Rs. 5,000 in cash to Lutful Huda, witness No. 16, for the business. Out of the balance of Rs. 20,000 Rameez, witness No. 12, spent Rs. 18,689 to meet the miscellaneous expenses incurred by the conspirators.
74. On 14h March 1967, Steward Mujib, accused No. 3, deserted from Pakistan Navy in order to devote his full time to the conspiratorial work.
75. After about a fortnight in the same month (March 1967), Shamsur Rahman, accused No. 19, wrote a letter to Mr. Siddque-Ur-Rahman,
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Deputy Commissioner, Faridpur, requesting him to help “his friend Mr. Mujibur Rahman.” Steward Mujib, accused No. 3, along with Lutful Huda, witness No. 16, went to Faridpur and delivered the letter to Mr. Siddique-ur-Rahman.
76. In April 1967, house No. 13, Green Square, Dacca, was hired for the group. It was occupied on 1st May 1967. The following whole time workers were accommodated therein: (i) Steward Mujib, accused No. 3, (ii) Samad, accused No. 8, (iii) Daliluddin, accused No. 9, (iv) Ex-Subedar, Jalaluddin Ahmad, witness No. 17. (v) Mr. Mohammad Ghulam Ahmad, witness No. 18.
Muazzam, accused No. 2, also placed his HILLMAN car No. EBA9591 at the disposal of Steward Mujib, accused No. 3, for the group’s work at 13, Green Square.
77. Sometime in April 1967, Mahfizullah, accused No. 7, visited Corporal Hai, A.K.M.A., witness No. 19, at his quarter in Domestic Area, P.A.F. Korangi Creek, Karachi. Mahfizullah, accused No. 7, finding a dummy hand-grenade kept there as a decoration piece,
obtained the said hand-grenade from Hai, witness No. 19. 78. In May 1967, a meeting was convened by Mahfizullah, accused No.
7, in the house of Sgt. Jalil, accused No. 29, in 14/4-G, Clayton Quarters, Karachi. The under mentioned members attended the meeting:
(i) (ii) (iii) (iv) (v) (vi)
Mahfizullah, accused No. 7, Bari, accused No. 22, Sgt. Shamsul Haq, accused No. 23, Sgt. Abdul Jalil, accused No. 29, Mohammad Mahbubuddin Chaudhury, accused No. 30, Shamsuddin, witness No. 6,
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(vii) Corporal Jamal, witness No. 14, and (Viii) Siraj, witness No. 15.
In that meeting, Sgt. Shamsul Haq, accused No. 23, who had recently returned from East Pakistan and was one of the leading figures in the group there, informed the participants that Muazzam, accused No. 2, had succeeded in persuading the Indian authorities to provide arms and financial aid for the conspiracy. He explained to the conspirators that the entire public of East Pakistan would support the armed revolt on the ‘D’ Day. At the conclusion of the meeting Mahfizullah. accused No. 7, took out a dummy hand grenade from his pocket and gave a demonstration of its throwing. He asked the group members to practice the same. He left the hand grenade for that purpose in the house of Jalil, accused No. 29. He said that he would start training in the use of small arms on receipt of the same.
79. Sometime in May 1967, Mahfizullah, accused No. 7, revealed to Siraj, witness No. 15, that Shamsuddin, witness No. 6, was also a member of their organisation and that the Air Force personnel were being led by Lt. M. M. M. Rahman, accused No. 31. Mahfizullah, accused No. 7, directed Siraj, witness No. 15, to bring Shamsuddin, witness No. 6, and Mahbubuddin, accused No. 30, for attending the group meeting at the residence of Lt. Rahman, accused No. 31, in
officers’ quarters in Karsaz, Karachi. 80. In the same month (May 1967), on the appointed date, the following
assembled in the house of Lt. Rahman, accused No. 31:
(i) Mahfizullah, accused No. 7, (ii) Lt. Rahman, accused No. 31, (iii) Mahboobuddin, accused No. 30, (iv) Shamsuddin, witness No. 6, (v) Siraj, witness No. 15,
and a few others who have not been traced.
Record of Proceedings, Agartala Conspiracy Case .51
After reiterating the aims and objects, Lt. Rahman, accused No. 31, asked the participants to enlist more and more Bengali serving/exservicemen into the organisation and to find out ways and means for despatching suitable workers to East Pakistan.
81. Sometime at the end of June 1967, Muazzam, accused No. 2, had sent Jalal, witness No. 17, and Samad, accused No. 8, on a recruiting tour. In that connection, the aforementioned witness and the accused visited Comilla, Chittagong, Khulna, and Jessore. They met Ex-Sub. A.K.M. Tajul Islam, accused No. 32, at Khulna and discussed with him the progress of the group in that area. Tajul Islam accused No. 32, introduced the conspirators recruited by him to the visiting team.
82. In the 2nd or 3rd week of June 1967, Lt. Rahman, accused No. 31, who was one of the leading figures in the aforesaid group, held a meeting at his residence, Bungalow No. E/16, Officers’ Quarters near Karsaz, Karachi.
The following conspirators attended the meeting:
(i) Mahfizullah, accused No. 7, (ii) Bari, accused No. 22, (iii) Mahboobuddin, accused No. 30, (iv) Lt. Rahman, accused No. 31, (v) Sgt. Shamsuddin, witness No. 6, and (vi) Siraj, witness No. 15.
and a few others, who have not been traced.
Lt. Rahman, accused No. 31, told the participants that Muazzam, accused No. 2, had given instructions to stop further recruitment of the conspirators. On the suggestion of Mahboobuddin, accused No.
52 . Record of Proceedings, Agartala Conspiracy Case
30, and Bari, accused No. 22, Lt. Rahman, accused No. 31, directed Shamsuddin, witness No. 6, who was proceeding on transfer to Dacca, to contact Muazzam, accused No. 2, at Dacca and to enquire from him if he wanted his (Lt. Rahman’s) presence at Dacca and if so, Shamsuddin, witness No. 6, should send him a telegram stating “Bazloo serious admitted in Medical College”. At the instance of Bari, accused No. 22, and Mahboobuddin, accused No. 30, it was decided that the members should only raise funds for the group at Karachi, for the time being.
83. In June 1967, Muazzam, accused No. 2, convened a few meetings in 13, Green Square, Dacca, which were attended by:
(i) Muazzam, accused No. 2, (ii) Steward Mujib, accused No. 3, (iii) Sultan, accused No. 4, (iv) Daliluddin, accused No. 9, (v) Ris. Shamsul Haq, accused No. 20, (vi) Mr. M. Ali Reza, accused No. 33, (vii) Captain Khurshiduddin Ahmad, A.M.C., accused No. 34, (viii) Rameez, witness No. 12, (ix) Jalaluddin, witness No. 19, and (x) Mr. Anwar Hossain, witness No. 20.
The main object of these meetings was to select delegates for going to India. In this connection telegrams were sent to Shams-Ur-Rahman, accused No. 19, at Djakarta and Mutalib, accused No. 25, at Peshawar, but they did not come.
Khurshid, accused No. 34, had recently arrived at Dacca from Karachi. Khurshid, accused No. 34, discussed in detail the plan for sending delegates to Agartala (India). The following decisions were taken in the aforementioned meetings:
Record of Proceedings, Agartala Conspiracy Case 53(a) that Reza, accused No.33, along with Steward Mujib, accused
No.3, would represent the group in the forthcoming meeting
with the Indian officials across the border; (b) that Reza, accused No. 33, would lead the delegation; (c) that a list of required arms and ammunition, as shown to the
conspirators and handed over to Reza, accused No. 33, would
be delivered to Indian officials; (d) that the arms deal would be finalised and increase of financial
aid would be asked for in the meeting at Agartala; (e) that the delegates would sneak through the Feni border to
Agartala (India); and (1) that Jalaluddin, witness No. 17, would supervise the crossing
and would use his influence and if needed would bribe the E.P.R. personnel manning the border outpost, to ensure the safe crossing of the delegates across the border.
84. In the 3rd or 4th week of June 1967, Muazzam, accused No. 2, called Manik Chaudhury, accused No. 12, to Dacca and gave him an envelope for delivering the same to P.N. Ojha. Manik Chaudhury, accused No. 12, did so on the same evening. The envelope contained the code words, names of the crossing places and the names of the aforementioned delegates.
85. On the 11th July 1967, according to the prearranged plan, the following conspirators along with the two delegates, namely Reza, accused No. 33, and Steward Mujib, accused No. 3, reached Feni (District Noakhali) in order to enable the delegates to slip across the border on their way to Agartala (India):
(i) Steward Mujib, accused No. 3, (ii) Samad, accused No. 8, (iii) Daliluddin, accused No. 9,
54 . Record of Proceedings, Agartala Conspiracy Case
(iv) Reza, accused No. 33, and (v) Jalal, witness No. 17.
The above named conspirators stayed in Hotel Denofa, located near Feni Railway Station. The same evening, Steward Mujib, accused No. 3, asked Rameez, witness No. 12, on the telephone to come to Feni, who in response to the message reached Feni the same night along with Anwar Hossain, witness No. 20, in a P.I.A. Staff car.
86. Between 2-30 and 4-30 a.m. on 12th July, 1967, Rameez, witness No. 12, along with Anwar, witness No. 20, drove the party except Daliluddin, accused No. 9, in the P.I.A. Staff car dropping them on the main road near the Indo-Pakistan border, and after doing so both Rameez, witness No. 12, and Anwar, witness No. 20, returned to Chittagong, the same night. Jalal, witness No. 17, supervised the crossing of the two delegates into the Indian territory.
87. On 13th July 1967, sometime at night, the two delegates, namely, Reza, accused No. 33, and Steward Mujib, accused No. 3, returned to Denofa Hotel from Agartala in a truck.
88. On 15th July 1967, they left for Barisal to apprise Muazzam, accused
No. 2, of the outcome of the aforementioned meeting.
89. Later in the same month, i.e., July 1967, Muazzam, accused No. 2, along with Manik Chaudhury, accused No. 12, and Saeed-UrRahman, witness No. 7, met P.N. Ojha for the sixth time at the latter’s residence in Dhanmandi, Dacca. P.N. Ojha pretended to Muazzam, accused No. 2, that he had not received the result of the Agartala meeting from his government till then. He, however, quietly confided to Manik Chaudhury, accused No. 12, that the Indian official was not satisfied with the calibre of the delegates.
Record of Proceedings, Agartala Conspiracy Case • 55
90. In the same Month (Jul 1967), Sultan, accused No. 4, visited Karachi. A meeting of the conspirators operating in Karachi, was held in the house of Mahboobud-Din, accused No. 30, at 14/4-G, Martian Quarters, Karachi. The following attended the meeting:
(i) Sultan, accused No. 4, (ii) Mahfizullah, accused No. 7, (iii) Zahurul Haq, accused No. 17, (iv) Sergeant Shamsul Haq, accused No. 23, (v) Lt. Rahman, accused No. 31, and (vi) Siraj, witness No. 15.
Three other persons whose names are given as Pilot officer Mirza, S.M. Ali and Ch. Zainul Abideen also attended this meeting. The identity of the last two could not be established, while the first is in hospital and was not allowed to be questioned.
Sultan, accused No. 4, said that he had witnessed the revolution in Cuba and as such he was alive to the sacrifices warranted in staging an armed revolt. He expressed his disappointment in finding the chief workers lacking in a revolutionary spirit. He concluded by asking the participants to take an oath to sacrifice their lives for the cause.
91. After about 15 days, in July/August 1967, Lt. Rahman, accused No. 31, convened another party meeting in the house of Mahboobuddin, accused No. 30, at 14/4-G, Martin Quarters, Karachi. The following conspirators attended the meeting:
(i) Lt. Rahman, accused No. 31, (ii) Lt. Abdur Rauf, accused No. 35, (iii) Zahurul Haq, accused No. 17,
56 • Record of Proceedings, Agartala Conspiracy Case
(iv) Sultan, accused No. 4, (v) Mahfizullah, accused No. 7, (vi) Bari, accused No. 22, (vii) Siraj, witness No. 15,
Two other persons whose names were mentioned as Ch. Zainul Abideen, and S.M. Ali and some others whose names were not ascertainable also attended this meeting but their identities were not established
In that meeting Lt. Rahman, accused No. 31, directed the members to function in close co-operation with the main organisation functioning in East Pakistan under the leadership of Muazzam, accused No. 2. Lt. Abdur Rauf, accused No. 35 then, administered an oath in Bengali to the participants. In the same meeting, it was decided that:
(a) Sirajul Islam, witness No. 15, would collect money and enlist
members from Madaripur area. (6) Mahfizullah, accused No. 7, would collect money and enlist
members from Drigh Road area. (c) Zahurul Haq, accused No. 17, would collect money and enlist
members from Korangi area and would also visit Chaklala, Peshawar, Kohat, and Sargodha for the same purpose.
92. In August 1967, Manik Chaudhury, accused No. 12, and Saeed-Ur Rahman, witness No. 7, visited Dacca and met Steward Mujib, accused No. 3. The latter told them that he and Reza, accused No. 33, had gone to Agartala.
93. In August 1967, Lt. Rauf, accused No. 35, called an emergent meeting in the house of Jalil, accused No. 29, in Clayton Quarters. The following attended the meeting:
Record of Proceedings, Agartala Conspiracy Case 57
(i) Mahfizullah, accused No. 7, (ii) Bari, accused No. 22, (iii) Jalil, accused No. 29, (iv) Lt. Rahman, accused No. 31, (v) Lt. Rauf, accused No. 35, (vi) Shahebuddin, witness No. 6. (vii) Siraj, witness No. 15.
The identity of three other persons whose names are given as Cpl. Aftab, Chaudhury Zainul Abideen and Siddiq-Ur-Rahman were not established.
Lt. Rauf, accused No. 35 and Lt. Rahman, accused No. 31, appeared somewhat worried. They suspected that they were under surveillance. Lt. Rauf, accused No. 35, directed the participants to stop the recruitment of new members. Lt. Rauf, accused No. 35, asked the members to obtain leave and to proceed to East Pakistan. Accordingly, the members started obtaining leave and going to their home towns in East Pakistan.
94. Under the direction of Sgt. Shamsul Haq, accused No. 23, sometime in September 1967, Zahurul Haq, accused No. 17, visited P.A.F. Station Chaklala, where he met Sgt. Rajab Hossain, witness No. 21. Zahurul Haq, accused No. 17, informed Rajab witness No. 21, that a group had been formed for achieving independence for East Pakistan by means of an armed revolt and invited Rajab witness No. 21, to join the conspiracy. Rajab witness No. 21, however, declined to associate himself with this activity.
95. In October 1967, Reza, accused No. 33, obtained a P.I.A. credit ticket from Rameez, witness No. 12, and proceeded to Lahore and Peshawar to tell Ruhul Quddus, accused No. 10, who in the meantime had been posted to Lahore and Cpt. Mutalib, accused No. 25, who had been posted to Peshawar, about the misappropriation of funds that he felt Muazzam, accused No. 2, was committing.
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96. In November 1967, Siraj, witness No. 15, arrived in Dacca on privilege leave. By then, Mahboobuddin, accused No. 30, Lt. Rauf, accused No. 35, and Lt. Rahman, accused No. 31, had already reached Dacca on leave.
97. In November 1967, the following attended a meeting at the residence of Ex-San. Leader Muazzam Hossain Chaudhury, witness No. 24: (i) Fazlul Haq, accused No. 11, (ii) M.A. Razzaque, accused No. 16, (iii) Corporal Jamal, witness No. 14, (iv) Jakir Ahmed, witness No. 22, (v) Sgt. M. Abdul Haleem, witness No. 23, and (vi) Chaudhury, witness No. 24.
In this meeting, it was felt that the group should be revitalised as it was dying out due to the selfishness of Muazzam, accused No. 2, and his proteges.
98. In November 1967, Jakir, witness No. 22, reported to Wing Commander Ashfaq Mian, witness No. 25, that a few days previously Haleem, witness No. 23, took him to the house of Chaudhury, witness No. 24, where he found the following assembled:
(i) Fazlul Haq, accused No. 11, (ii) M.A. Razzaque, accused No. 16, (iii) Chaudhury, witness No. 24. (iv) Corporal Jamal, witness No. 14, and (v) Haleem, witness No. 23.
Jakir, witness No. 22, complained to Ashfaq, witness No. 25 that the aforementioned persons were talking about separating East Pakistan from the Centre.
Record of Proceedings, Agartala Conspiracy Case 59
99. In the first week of December 1967, the under-mentioned met in the house of one Mr. Malik, a friend of Siraj, witness No. 15, which is located in Sukrabad, Dacca.
(i) Lt. Rauf, accused No. 35, (ii) Mahboobuddin, accused No. 30, (iii) Siraj, witness No. 15, and a few others who have not been traced.
A proposal to open a technical school at Dacca to serve as a cover for the activities of the group was discussed. Lt. Rauf, accused No. 35, undertook to contact Muazzam, accused No. 2, and Col. M.A.G. Osmani (retd.) for revitalising activity.
100. Soon afterwards arrests of the members of the conspiracy began to take place, and thus their activities came to an end.
It is respectfully prayed that the accused be tried on the charges framed against them which are submitted herewith.
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1. Lt. Muzammil Hussain
2. Kamaluddin Ahmed
3. Ex- Corporal Amir Hussain
SPECIAL TRIBUNAL
Record of Proceedings
29.7.1968.
At this stage, Mr. Williams raised an objection to the jurisdiction of the Tribunal to take up the case on the ground that the Ordinance under which it is supposed to function, is ultra vires of the Constitution. He contends that by virtue of Section 12 of the Ordinance, if this objection is not entertained by the Tribunal, accused would have no other remedy. This prima-facie cannot be accepted as the correct position in law. If the Ordinance’s vires have to be challenged, there may be constitutional provisions available for that purpose.
As far as this Tribunal is concerned, it will not entertain objection to its jurisdiction as raised by Mr. Williams.
The deposition of P.W.1, Muzammel Hossain, son of Mvi. Menhajuddin, aged 45 years, by faith Muslim, village Fulki West, P.S. Bashail, District Mymensingh.
29.7.1968.
I have been serving as a member of the Pakistan Navy in the Training Establishment, Karachi (Himalya) from 1947 till January 1968. I was the only East Pakistani permanent Officer serving that Establishment, unfortunately, though there were other East Pakistanis serving there temporarily. In 1960 I formed a Welfare Organisation to look after the interests of the East Pakistani employees who used to come to me with their domestic and other problems.
Leading Seaman Sultanuddin Ahmed, Able Seaman Noor Mohammad and Std. Mujibur Rahman frequently attended the meetings of that Organisation. The witness was asked whether he could see any of these three persons among the accused persons on Court. He pointed out correctly Sultanuddin Ahmed and Std. Mujibur Rahman and taking a long time he failed to point out Noor Mohammad. Then the Court asked Noor Mohammad to stand up and then the witness recognised him and said that he could not locate him as he has grown a beard, in the meantime.
Probably in December 1963, Lt. Commander Moazzem Hossain attended one of the meetings of the Organisation. (The witness correctly pointed out Lt. Commander Moazzem Hossain from the Accused’s Dock). Before this particular meeting in December 1963, Std. Mujibur Rahman had been in East Pakistan and he had come and joined this meeting along with Lt. Commander Moazzem Hossain. At this meeting Std. Mujibur Rahman compared the condition of East Pakistanis and West Pakistanis and described the former as poor and the latter as rich. After hearing Steward Mujibur Rahman, Lt. Commander Moazzem Hossain said why we should not be united for the emancipation of East Pakistan. The discussion did not proceed further because certain West Pakistani friends arrived at the moment. The topic was then changed. After then the Welfare Organisation set up by us continued its meetings as usual, but I found that Leading Seaman Noor Mohammad and Steward Mujibur Rahman were not interested in our meeting. About 15 days after, this meeting was held in December. I questioned Leading Seaman Sultanuddin Ahmed and he told me on enquiry that Lt. Commander Moazzem Hossain had formed a revolutionary group consisting of service and ex-service men, to separate East Pakistan from the Centre by staging an armed revolt. Sometime after this, in January 1968, Lt. Commander Moazzem Hossain invited me to dinner at his place in No. D/77, KDA Scheme No. 1, Karachi. On arrival there, I found Lt. Commander Moazzem Hossain was busy talking to Leading Seaman Sultanuddin Ahmed, Leading Seaman Noor Mohammad, and Steward Mujibur Rahman. I also participated in the discussion Lt. Commander Moazzem Hossain was discussing the necessity of consulting some East
Record of Proceedings, Agartala Conspiracy Case 65
Pakistani politicians before starting the work of his new Organisation. Eventually, it was decided to consult Sk. Mujibur Rahman, Awami League. The leader who is now sitting as accused no.1 in the Court. Lt. Commander Moazzem Hossain called to a house in School Teachers’ Co-operative Housing Society, Karachi. This message was brought to me by Leading Seaman Sultanuddin Ahmed and he led me to the house which belonged to his brother-in-law, Kamaluddin Ahmed. When we reached there we found Lt. Commander Moazzem Hossain and Leading Seaman Noor Mohammad already at the house. Then Lt. Commander Moazzem Hossain informed me that he had arranged a meeting with Sk. Mujibur Rahman, the Awami League leader and Mr. A.F. Rahman, C.S.P. in that house to discuss the question. After my arrival, these gentlemen also came there. (The witness was asked to pick out Mr. A.F. Rahman. He took a long time to point him out correctly, after going near the dock). Sk. Mujibur Rahman apparently was in a hurry and he said at the meeting to Lt. Commander Moazzem Hossain to come out with his problem. The latter then said that he had formed a group of Naval personnel for the emancipation of East Bengal. He also explained that he would add other personnel from other services also. He then explained that to carry out his plan and programme he needed the assistance of East Pakistani politicians and C.S.P. Officers. He also discussed finance in respect of the difficulty that would confront the organization in this regard. In the end, Lt. Commander Moazzem Hossain looked towards the Awami League leader Sk. Mujibur Rahman to find out his reaction. Sk. Mujibur Rahman smilingly remarked that this was his own idea. He promised his full support to the organization of Lt. Commander Moazzem Hossain, including monetary help. Mr. A. F. Rahman then explained the disparity between the two wings of Pakistan and agreed to the idea of Commander Moazzem Hossain that an armed revolt was the only answer but he was critical about what would be the reaction of India
that this was his look-out. Sk. Mujibur Rahman also told Lt. Commander to go slow with the revolutionary group and he said that if he succeeded in the Election, then
Record of Proceedings, Agartala Conspiracy Case – 67
such activities may not be called for. He also said that if his Party failed to succeed in the Election, he would win the battle by force, after the Election, probably in January 1965. Lt. Commander Moazzem Hossain telephoned me and asked me to come over and see him at his residence in Karsaz, Karachi. I was excited to see on arrival, Sk. Mujibur Rahman, the Awami League leader, and Mr. A.F. Rahman, sitting with Lt. Commander Moazzem Hossain. Leading Seaman Noor Mohammad, and Flt. Sgt. Mofizullah, the only Air Force man I know, who was recruited in the Organization by Leading Seaman Sultanuddin Ahmed for creation of separatist feelings in the Air Force Personnel and a few other Air Men and Sailors whose identity I could not find out, were also present there. (The witness was asked to point out Flt. Sgt. Mofizullah and he correctly pointed him out from the Dock.) Sk. Mujibur Rahman was very angry and said in the meeting that nothing was possible to be achieved legally in Pakistan. He promised that he would avenge his defeat in the Election. He then explained at length how the resources of East Pakistan were being exploited by the Government of Pakistan for the benefit of West Pakistan. He said if the East Pakistanis wanted to live prosperously, they should separate from West Pakistan. He asked Lt. Commander Moazzem Hossain to shift his Headquarters to Dacca and speed up the activities of the Organization. He assured Lt. Commander Moazzem Hossain of his full support in every sphere of the Organization. Sk. Mujibur Rahman also promised to chalk out a programme of the organization and then Lt. Commander Moazzem Hossain left the house.
After this, our meetings were held almost every month at which Lt. Commander Moazzem Hossain, Leading Seaman Noor Mohammad, Leading Seaman Sultanuddin Ahmed, Std. Mujibur Rahman, Flt. Sgt. Mohfizullah, myself and one or two more persons used to attend. By the end of 1965, all activities of the Organization were centered in East Pakistan. The meetings of the Organization, however, continued to be held in Karachi also, but without any important matter being discussed.
Record of Proceedings, Agartala Conspiracy Case 69
xx12 by Mr. Abdus Salam Khan.
I joined the Naval Service as an ordinary Steward on the 15th of February, 1944 in the Indian Navy. I was aged about 24 at that time. I had read only up to the sixth or seventh class in the School. One of my duties as Steward was to serve meals at the table. One of my duties was also to procure food from the Bazar and from other sources. I had to serve officers in the Navy in that capacity. They included all Commissioned Officers. My salary was less than Rs. 40/00 per month, but I cannot remember the figure exactly. I picked up English during the service by listening to others talking and also by studying privately myself.
At this state, the witness was handed over writing on a piece of paper in Bengali and he was asked to translate it into English, to test his knowledge of English. The witness said he will not be able to translate it into English because “I am out of touch with Bengali for the last 24 years”. I understand the word ‘Sadar’ and ‘Daftar’. “Sadar” means President and “Sadar Daftar” means Headquarters (“qž selg” Aie Shaptaha) means “this week”. (He has correctly translated the meaning of “Sadar Daftar”).
(The witness was handed over writing in Bengali and was asked to translate it into English.) He said, “I cannot translate this”. (The writing in Bengali is marked Ext. DA (1) and the second one, Ext. DA(2).) I was arrested at Karachi on 3rd January 1968. After my arrest, I was taken to the Field Security Office at Karachi in our Naval Headquarters. I was produced before the Naval Intelligence Officers. I was interrogated as to the reasons for my arrest. I did tell them about my participation in this conspiracy. There was no recording of my statement by the officers. I am aware that under the Navy Act when a Naval Officer is charged with any offence, his statement is recorded. It is not correct that I am denying the fact of the recording of my statement, because what I have stated today is different from what I had said on that day. On the 19th January 1968, I was shifted from Karachi to Dacca Cantt. All this time I had been detained in the F.S. Office. I was kept with an Officer of the Army, but not in a lock-up. I was not free to move out nor was I free to talk with
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anybody I liked. It is not a fact that I was told that unless I stated whatever the authority wanted me to say, I would be kept as an accused. I have nine children. My wife is alive. My youngest child is almost one year old. I come from Mymensingh district. I was also known by the name of Chand or Chandu Mia. After my arrest, I was neither apprehensive for my family nor repentant because I was personally responsible for what I had done. I knew about the serious consequences of my action. I was very firm to face the consequences of my action when I came to Dacca, I resolved that I would face the consequences of my action. I was taken to the Punjab Officers’ Mess in the Cantt. – the Mess of Punjab Regiment. I was kept segregated in a separate room in the mess. I cannot remember the number of the room. I was not allowed to talk to anyone. After coming to Dacca I was permitted to write to my relations. From Karachi, after arrest, I did not write to my relations. On the 17″ February 1968, I was taken to the Magistrate for recording of my confession. I have been tendered pardon. Major A.B. Naser once approached me to suggest that I should confess on being tendered pardon. On my consent, he took me to the Court. It was on the 22nd May 1968 when Major A.B. Naser had approached me and I had consented to be an approver. That I said in my statement, about being taken to a Magistrate earlier, relates it my confession. When I made a confession on the 17th February 1968 I was aware that making such a statement may lead to serious consequences. It is not correct that I said what I was asked to say, in my confessional statement. I had volunteered that confession. I was taken to the magistrate between 8 A.M. and 10-30 A.M. on the 17 February 1968. I do not remember at what time I came back from the Magistrate’s Court that day. Lt. Sharif had taken me from the 14″ Division Mess to the Court in Signals Mess. There the Magistrate was holding his Court in a separate room. I returned from the Court with the guard and this Officer. I was taken to the Court in a Jeep. It is not correct that the confessional statement to the Magistrate was already in the written form and I read it out to the Magistrate. I did say in the course of my confession “the discussion remained confined to finding ways and means for solving
Record of Proceedings, Agartala Conspiracy Case • 71
individual problem by mutual cooperation” (At this stage the witness was handed over by the Counsel writing in Bengali and asked to translate it into English. He says “I cannot translate it into English.” This paper is marked by Ext. DA (3).) The Counsel asked the witness to translate the phrase “irony of fate”. He said it means “it is a fact”. The witness was asked to translate the words “brute reality” into Bengali. He says that the phrase means “it is an actual fact”. The Counsel asked the witness to translate the words “blessing of prosperity” into Bengali. He says, these mean “Samridhashali kichhu hobey”. The witness was handed over another Bengali script to translate it into English. He says “it means, the Arab world promised that they would avenge the defeat of Israil”. The paper is marked Ext. DA (4). The words in my statement “he vowed that he would avenge his defeat” are my own language in my statement and it was not put into my mouth by someone else. He says a vow means “promise by God”. (The Counsel handed over another Bengali paper to the witness and asked him to translate it into English). He says, these words mean “in the formation of our own militant force”. This paper is marked Ext. DA (5).
I have kept no diary in which I could have taken down words discussed by persons in the meeting. I know Amir Hossain who used to work in the Central Statistics Office, Karachi. I only met him in 1965 and not earlier. I told the Magistrate in my confessional statement the places where I had been kept in custody. I do not remember if I told the Magistrate, how long I had been detained in those places. It is not a fact that while in detention I was tortured by the Military or the police. I know Major Kamal, Officer of the land forces, attached then to the Navy. I know also Captn. Moktader. He was not attached to the Navy. I know Lt. Fakhruddin. He belongs to the Navy. He is on board a destroyer as far as I know. I did not consult Lt. Fakhruddin or any other Officer who might have been temporarily attached to the Navy, about the formation of my Welfare Organisation. I know that without previous permission a Naval Officer could not have formed such an organisation.
I had not said to the Magistrate that the offence was committed in Karachi in 1947 on to 1962 but from 1964 to 1968. It is so recorded, in
Record of Proceedings, Agartala Conspiracy Case 73
the original statement, as a note of the Magistrate. Actually, it is not my statement that the ‘Conspiracy started in 1947 but it actually started in 1964. The Welfare Organization was formed by me without the knowledge of my superior officers. They never came to know of this Organization. The witness was asked to state the meaning of “Ad hoc” He said,” I understand these words to mean ‘Self help’. The Welfare organization concerned itself with Bengali ratings only. We raised no subscriptions from the ratings. There was no committee of the Organization either. There was no record of names of members of the Organization. No proceedings were ever recorded. The ratings called at my place only. The witness was asked the names of the members of the Organization. He names Leading Seaman Sultanuddin Ahmed, Std. Mujibur Rahman, Noor Mohammad and said: but I cannot name any one else of the Organization”
The lowest rank of officer in the Navy is acting Sub Lieutenant. Above him is Sub Lieutenant and then Lieutenant. In 1963 I was a Sub Lieutenant and so also in 1964. In 1965 I was a Catering Lieutenant, I being promoted there to on 5″ September 1967. I did not approach Lieutenant Moazzam with the request that he should call a meeting of the Welfare Organization at his house. I invited him actually to my house for the meeting. Before I invited him, he was not aware of this Organization. In 1963-64 Lt. Moazzem was the Chief Engineer of a Destroyer. I forget the name of the destroyer. Again the witness said, “probably it is Alamgir”. He was staying with a family in K.D.S. Scheme No. I in 196364. I do not know if that means Mohammad Ali Housing Society. I did not mention Mohammad Ali Housing Society in this connection, in my statement before the Magistrate. [It is so recorded in his statement before the Magistrate.) I do not know if Mohammad Ali Society and K.D.S. Scheme No.1, are distinct or the same. It is not correct that I am omitting reference to Mohammad Ali Housing Society because I have since learnt that Mohammad Ali Society and H.D.S. Scheme No.1 are distinct areas. It is not correct that I have been instructed to drop a reference to Mohammad Ali Society because I have been told that in 1964, Lt. Moazzem did not reside in that Housing Society. I am not aware which
74. Record of Proceedings, Agartala Conspiracy Case
of the East Pakistanis were occupying the highest Naval Office in rank, between -1960 and 1965. I am aware of one East Pakistani Officer being a Lt. Commander, his name is Shoyeb. There are six Officers higher than that of the Lt. Commander in the Navy. I know one Major Hasan. He was one of the Administrative Officers dealing with this case. I was examined by the Police in this case only once. It is not correct that I was interrogated by the Police twice. This interrogation took place after I had made my confessional statement before the Magistrate. I was examined on the 9th May. I had not mentioned Ft. Sgt. Mofizullah in my confessional statement before the Magistrate. I had mentioned him later in the investigation. [The learned Counsel objects to the latter part of the statement as being inadmissible under section 162 of the Code of Criminal Procedure.) [At this state the witness says that “in fact I had made a second supplementary statement to the Police”.) I have not made this statement because I had been asked by the Counsel to admit that I was telling a lie when I said that I made only one statement to the Police. It is not correct that I mentioned the name of Ft. Sgt. Mofizullah on being tutored, at a later state.
Record of Proceedings, Agartala Conspiracy Case 75
SPECIAL TRIBUNAL
Record of Proceedings
30.7.1968.
My residence in Karachi was in the Training Organisation known as “Himalaya”. This is in the Manora Cantonment. It is a shore establishment. K.D.A. Scheme No.1 may be almost 15 miles from my residence. I had no private vehicle for travel from my residence to K.D.A. Scheme No. I nor had I any official vehicle. Karsaz also is an establishment. I do not know Muhammad Ali Housing Society at all though I have heard of it. K.D.A. Scheme No.1 and Karsaz are side by side. I have no idea if Muhammad Ali Housing Society is contiguous to them though it may be. K.D.A. Scheme No.1 and Karsaz are big areas. The length of the Karsaz establishment may be about six furlongs right from the road upto a hillock. In the meeting held at my house in December 1963, Steward Mujibur Rahman said that he had found East Pakistanis living without shelter and dying of starvation. He also said that unemployment and unrest prevailed everywhere he had been, whereas in West Pakistan no such things existed. The discussion was conducted by him mostly in Bengali. I do not remember what I told the Magistrate in my confessional statement as to what Steward Mujibur Rahman had said in that meeting. I cannot recollect the exact words I then used, I may have used different words. It is not correct that I have
forgotten what I had said before the Magistrate because I was tutored on that occasion. (Witness volunteered, “yesterday I was put certain passages in Bengali by the learned Counsel and asked to translate them into English. These passages were not in my words and language. What I had stated before the Magistrate, the Counsel has taken them from the statement recorded by the Magistrate in his words”). Lt. Moazzem also said at that meeting “why should we not work unitedly for the emancipation of East Bengal”. He said that much only, then the discussion was stopped. The West Pakistanis who arrived and due to whose arrival we stopped the discussion, included Tofail, Gulzar Ahmed, Nabi Bux, and others. They belonged to the Navy. At that time Tofail was Leading Seaman and the other two were Able Seamen. I did not speak of this meeting to anybody else. There was no proposal made at that meeting as to how we should proceed or what we should do. This point was not discussed in any other meeting of the Welfare Organisation. The other meetings I mentioned with regard to the conspiracy and not with respect to the Welfare Organisation. I do not remember if in the meetings concerning the conspiracy anything was said as to what we should do or how we should act. In January 1964 I had attended a meeting at Lt. Moazzem’s house in K. D. Scheme No.1. I am not aware that he ever lived in Muhammad Ali Housing Society. I did not tell the Police that I went to the house of Lt. Moazzem in 1964 in Karsaz, (so recorded). Actually, I went to Moazzem’s house in Karsaz area in January 1965 and not in 1964. It is not correct that he was not living in Karsaz area in January 1965. As far as I remember Sultanuddin Ahmed, Noor Muhammad, and St. Mujib were living in Himalaya in those days. It is not correct that the meeting in December 1963 was never held at my house. It is also incorrect that no meeting was held in the house of Lt. Moazzem in January 1964.
(The witness was asked to give the date and time of the meeting held in January 1964). He says: “I cannot remember even the month of the meeting. It was held early in 1964 between January to April. I cannot give the time and date.” After that, there was the next meeting in September 1964. I cannot remember the date of this meeting either. The time of the meeting was between 8 to 9-30 P.M.
Record of Proceedings, Agartala Conspiracy Case 79
From Himalaya, the house of Kamal would be approximately 12 miles. If one has to go from this place to Himalaya one has to pass Kiamari but one can go by Mauripur Road if he has a car. From Kiamari to Himalaya one has to go by boat. The water stretch between Kiamari to Himalaya would be about 15 miles. Unless they take leave for the night, the ratings have to report at Himalaya establishment by 11 P.M. Shore-leave is given to married people. I have heard of Shershah Market, but I had never been there. The first time I met Sk. Mujibur Rahman was at this meeting held in September 1964. The same is my answer with regard to Mr. A.F. Rahman. I remember that in 1964 there was a contest for the election going on between President Ayub and Miss Fatema Jinnah. I do not know if Sheikh Mujibur Rahman was campaigning for Miss Fatema Jinnah. I have no knowledge whether after the election of the President, Sheikh Mujibur Rahman was campaigning for the election of the opposition candidates, as leader of the combined opposition parties, to the National and Provincial Assemblies.
It may be that some of the members of the Awami League party are members of the National Assembly now. I did not normally read newspapers except for the sports section in the papers. I know that there was a disparity in economic, administrative, and commercial matters between East Pakistan and West Pakistan. What I understand from this disparity is that East Pakistan has a lesser number of industries than West Pakistan. There was also a disparity between the two Wings in respect of representation in the services and in overall development.
It is not correct to suggest that I am only a tool in the hands of the prosecution and that this case has been falsely concocted with the help of myself and others, in order to defeat the claim of East Pakistan to parity in matters of industries, economy, administration, etc. Before this, I do not know that Sheikh Mujibar Rahman had been declaring in public that he wanted regional economy and parity but not separation. I do not know if Sheikh Mujibar Rahman ever said publicly that he wanted separation of East Pakistan from West Pakistan. It is not correct to say that Sheikh Mujibur Rahman in the meeting I have mentioned only advocated peaceful attainment of parity and regional autonomy and not by armed revolt.
Record of Proceedings, Agartala Conspiracy Case • 81
The war with India started in September 1965. At that time Sultanuddin Ahmed and Std. Mujibar Rahman were in East Pakistan if I remember correctly. Probably they had gone on leave. It may be that they joined the Chittagong Navy Headquarters after the war nor did I know if they joined at Chittagong after the war broke out. I know that there was a call for all Military personnel, Navy, Air force and land Establishments to join as soon as the war broke out. I am not aware if Sheikh Mujibur Rahman after the war broke out, had declared in public that all Pakistanis including East Pakistanis should lend full support to the war. I know of the Tashkend agreement but I do not remember if Sheikh Mujibur Rahman issued a statement in papers supporting President Ayub’s action in respect of Tashkend agreement. In the meeting held in September 1964 which was attended by Sheikh Mujibur Rahman and others, I had not said anything. For the first time I was introduced to Sheikh Mujibur Rahman and other persons present there, in the meeting at Lt. Commander Moazzam Hossain’s house. I was introduced as Sub-Lt. Mozammil Hossain. It was only at that meeting that I came to know that Mr. Fazlur Rahman was a senior C.S.P. Officer. I was arrested in 1968 after the Idul Fitr. It is not correct that I met Mr. F. Rahman, C.S.P. in Central Jail, Dacca on Iduzzuha day in 1968. I did not meet Mr. F. Rahman in the Officer’s Mess in the Dacca Cantonment on that Iduzzuha day.
(Mr. Abdus Salam Khan now says that his first question was wrongly put about the Central Jail, Dacca).
After my arrest, my photograph was taken at 14 Div Mess Dacca. I am not aware that other accused were also photographed nor were those…….photographs shown to me.
I do not remember in which ship Noor Mohammad was serving in 1964. I cannot say whether he was serving on my ship in those days. The reason is that the shipping establishment was very big.
Before the meeting in September, ’64 I had never been to Kamaluddin’s house. I cannot give an estimate of the distance of Kamaluddin’s house from the main road as I was led there after the sun set. I was taken there in a Taxi which was hired. We came by Taxi from Keamari to this house. My basic pay was Rs. 700/- in those days. Again said it was probably Rs. 600/-. It is not correct that my salary was Rs. 400/- in those days. The Taxi was taken right up to the house of
Record of Proceedings, Agartala Conspiracy Case • 83
Kamaluddin which was in a lane. I cannot say how far is Kamaluddin’s house from Karsaz or the house of accused Moazzam Hossain. I know where Moazzam Hossain’s house is. The house of Moazzam Hossain is about 300 or 400 yards from the main road. Moazzam’s house is also in a lane and the road leads right up to the house. That house is 5 to 10 yards from the edge of the lane. I do not know at what time the evening flight from Dacca to Karachi used to go in those days.
I did say to the police that in September, ’64 meeting, Sk. Mujibar Rahman called upon Lt. Comdr. Moazzam Hossain to state the problem. I did state to the police that at that meeting Lt. Moazzam Hossain said that he had formed a revolutionary group with East Pakistani Naval Personnel (not so recorded).
I did say to the police that Lt. Moazzam looked towards Sk. Mujibur Rahman to watch his reaction (not so recorded). I did tell the police that after listening to Lt. Moazzam Hossain, Sk. Mujibur Rahman smiled and said, that was his own idea (not so recorded) I also told the police that Sk. Mujibur Rahman stated at the meeting that if he did not succeed in the election he will win the battle by force (not so recorded). It is not in my knowledge that Flt. Sgt. Mofijullah was on leave in East Pakistan from 3rd of January, 65 to 7th February, 65. It is not correct that I was made to say that Flt. Sergeant Mofijullah was also in the meeting in order that the Air Force may also be connected with the Navy in the Conspiracy. It is not correct that I was taken by Major Naser in Dacca to Flt. Sergeant Mofijullah or that I had talked with him for 5 minutes. It is not correct that I was taken to Sergeant Mofijullah to persuade him to make a confession. I do not remember the date of the meeting which was held in the 1st part of January, 65. I cannot say if it was held in the first part, the middle part or in the last part of January. I did never mention about the meeting held in January, 65 to anybody else I knew. Except for attending the meetings I personally did nothing else between September, 64 and January 65. I did tell the police that in January, 65 meetings, Sk. Mujibur Rahman said that it was not possible to do anything legally in Pakistan (not so recorded). Sk. Mujibur Rahman had also stated that East Pakistan was being exploited by the present Government of Pakistan. I made mention of this fact to the police (not so recorded). Sk. Mujibur Rahman in that meeting did not say that he would give only monetary help but mentioned all kinds of help. I
84. Record of Proceedings, Agartala Conspiracy Case
never sent for any of the accused persons to tell him that he should become an approver.
After the meeting of January 1965, we used to have meetings almost every month. These meetings were attended by Lt. Moazzam Hossain, myself and others. I did tell the Magistrate in my confessional statement that besides Lt. Moazzam and me, others also attended the meetings which were held once a month. I did not know of any activity in East Pakistan in connection with this Conspiracy. The Magistrate took me to his room when I was brought from the Division Mess to the Signals Mess and there he administered an oath to me, while I was standing and then he gave me a seat. He asked me to narrate my story and I did so. I do not remember how much time I took in getting my statement recorded. It is not correct that my statements about these meetings and other matters were all concocted.
XXX by Khan Bahadur Naziruddin Ahmed for accused No. 24.
I gave my statement to the Magistrate in English, not in Bengali. Even to the Inspector of Police, I gave my statement in English. While I was making my statement the Police Officer recorded it. I never saw any copy of my statement made before the Magistrate or made before the Police Officer afterwards. Before appearing in this Court I was not examined by any person as to what statement I was going to make. I was not asked any question by anyone before coming to this Court. I have not noticed that the statement which I made before the Magistrate and the statement which I made before the Police are almost identical in words. When I was made an approver I did not know whether several other persons were made approvers. I only came to know from the news paper who the other approvers were. The Magistrate put no question to me. I went on narrating my story. I cannot judge whether my knowledge in English is poor. I cannot explain why, if at all, my statement to the Magistrate and the statement to the Police are identical in sequence and in respect of words in some places. I went on waking statements to these persons in my own words and I cannot say how they were recorded. I have not met to talk with any of the other approvers in this case. Nor have I met any of the prosecution witnesses in this case. I have been staying in the Div. Mess all the time. I am living in a room in the Mess. I go out for strolling with a guard. We are not allowed to talk to others. I
Record of Proceedings, Agartala Conspiracy Case 85
have occasionally seen one or two accused going out from their room from my own window. I do not know whether they were accused or witnesses.
xxx by Mr. Md. Ismail, Advocate for Mr. Ruhul
Quddus, Accused No. 10.
When I was arrested I do not know if a warrant of arrest was issued; that is known to my Commanding Officer. Actually what happened was that my Second-in-Command directed me to go and report to the F.S.O. and I went there and when I reached there I was put questions about this Conspiracy. The officer who questioned me was Lt. Commander Ijaz Mehdi and Haji Akbar also questioned me. Haji Akbar was the first man to question me, he being the F.S.O. They questioned me that first day for about half an hour. On the first day, only Haji Akbar questioned me. This questioning took place after 1 p.m. I was being questioned almost every day, from 3rd to 18th January 1968. I do not remember whether the questions being put to me from day to day were the same or different questions. The Officers questioned me turn by turn. Each time I was questioned for half an hour to 45 minutes. I do not know whether my answers on the first day were not regarded as straight answers and so I was questioned on so many days. I was telling them whatever was true from the very start and it is not correct that I was not answering questions in that right way was evading correct answers. I was not being questioned about the same thing everyday. Different questions were being put on different days. I cannot give the number of questions asked from me on any particular day. I was not annoyed by repeated interrogations. I never asked them to let me go after half an hour’s interrogation. They themselves stopped questioning me after that time. I do not know whether the two Officers who questioned me are still in service or not. When they started questioning me in the F.S.O. about the Conspiracy, I was scared. I was surprised when I was arrested. I felt confused when I was arrested in the F.S.O. I was informed that I was being arrested for the Agartala Conspiracy.
I was not interrogated by anybody on the 17th of February, 1968 before I was taken to the Magistrate. Before I was taken to the Magistrate I was told that I would be taken to the Magistrate for recording my confession. Lt. Sharif of the Pakistan Navy gave me this information. He
86 . Record of Proceedings, Agartala Conspiracy Case
is still in service. Before that, I had not told anyone that I wanted my confession to be recorded but I had only told Lt. Sharif voluntarily that I wanted to confess. It was only a day or two before 17″” February 1968 that I stated to Lt. Sharif that I wanted to confess. On that occasion Lt. Sharif had gone to my room to deliver mail. I then asked him to listen to me about my confession which I was going to make. He told me that it was up to me as to what I would confess. I cannot say how long I had deliberated with myself to decide whether I shall confess or not. In fact, I had all the time been thinking that I shall tell the truth in the interest of the State. I had not met anyone before I mentioned to Lt. Sharif that I wanted to confess. I was all the time trying to make up my mind about the confession until I mentioned this to Lt. Sharif. I was all the time deliberating that I should confess but I wanted to consider to whom I should speak about it. It is not correct that in making up my mind I was considering whether to confess or not and that I was waivering. I signed the confessional statement made to the Magistrate once on every page. This applies to the narrative of my statement. I narrated the story to the Magistrate only once and at a stretch. The Magistrate did not tell me that I would be sent back to the Military custody after recording my confession. I knew that I would be sent back to the custody from which I came, for recording of the confession. I was not approached by any Military officer or by any Police Officer between 20.5.68 and 21.5.68.
Between these dates, I did not know that I would be made an approver. Neither Major Naser had told me the implications of becoming an approver. He said that I would be regarded as an accomplice and given pardon but that I would have to give evidence. I did not meet any Investigating Officer on the 21° May 1968. I never met any Investigating Officer a few days prior to the 21st May 1968. I had not asked any Investigating Officer to put an application on my behalf for granting me pardon.
Cross-examination by Mr. Ataur Rahman Khan for accused, 2, 11, 19 Lt. Rouf, Ali Reza and Cpt. Khurshiduddin Ahmed.
-Nil
Cross-examination by Mr. Mirza Md. Golam Hafez on behalf of Accused No. 27 Cpt. Nuruzzaman and accused No. 28 Cpt. Nazmul Huda.
-Nil
Record of Proceedings, Agartala Conspiracy Case 87
X-Examined by Mr. M.A Abdulla on behalf of accused No. 26 Shawkat Ali Mia.
-Nil
X-Examined by Mr. Abdul Malek for accused No. 20 Risaldar A. K. M. Shamsul Huq.
-Nil
X-Examined by Mr. Badrul Haider Choudhury on behalf of accused No. 17 St. Jahurul Huq.
After April 1966 when I lost contact with the organisation, up to my arrest, I did not mention to anyone about this conspiracy. Nor did I report to any authority about the existence of this conspiracy. After April 1966 I was almost forgetting this conspiracy. I lost all contact with the group and therefore I did not know what was going on in East Pakistan.
After the organisation of the revolutionary group by Lt. Mozzem Hossain, my Welfare Organisation had died automatically. The Welfare Organisation was different from this organisation of conspiracy. After I joined this group of conspiracy people, I lost interest in the Welfare Organisation. The question of the same interests as was present in the minds of the Welfare Organisation people being served by the activity of the conspiracy group does not arise because it was an organisation of a different character. I lost interest in the Welfare Organisaion because I began thinking of the separation of East Pakistan from the centre. The question of separation of East Pakistan was still in my mind after I had lost contact with the conspiracy group. I had not talked about it with anyone else besides those who were in the conspiracy group. I did not talk about the separation question to anyone besides the member of the conspiracy group because it was a secret matter. I did not revive the Welfare Organisation after I had lost touch with the conspiracy group. I never thought of restarting the Welfare Organisation after that.
X-Examined by Mr. Molla Jalaluddin Ahmed on behalf of accused Nos. 2, 14, 16, 23 and 25
-NilX-Examined by Mr. Julmat Ali Khan on behalf of accused No. 13 Bidhan Chandra Sen.
I had visited East Pakistan in the year 1966. That was the first time I visited East Pakistan after our meeting in December 1963. Every three years, once, I was entitled to take my family with me to East Pakistan. I
88 Record of Proceedings, Agartala Conspiracy Case
stayed for two months in East Pakistan during my visit in 1966. I had brought my wife and children with me. X-Examined by Mr. S.M. Nurul Alam on behalf of accused No. 15.
-Nil
X-Examined by Mr. V. I. Choudhury for accused No. 30.
– Nil –
X-Examined by Mr. H. A. Abdul Hye for accused No. 21.
– Nil –
X-Examined by Mr. Md. Mir Hossain for accused No. 22.
– Nil_
X-Examined by Mr. Md. Fazlul Karim for accused No. 23.
During the September war in 1965, I was at Karachi. The object of the conspiracy was to take East Pakistan Militarily out of the centre. Both East and West Pakistan were threatened by Indian forces during that war. I had met the other conspirators during the 1965 war. I talked to them about the conspiracy itself. I cannot remember if it was said in those meetings that were the opportune time for action.
X-Examined by Mr. Molla Jalaluddin Ahmed for accused No. 14, 16 and 32.
-Nil – (No other counsel wishes to cross-examine the witness) With the permission of the Court Mr. Md. Ismail wishes to further cross-examine the witness. Permitted. To Mr. Md. Ismail:
Lt. Commander Ijaz Mehdi and Lt. Haji Akbar when they questioned me on so many days, did not record any statement.
Mr. Abdus Salam Khan states that he represents Nos. 1 to 9, 19, 25, 29 and 31.
Re-examined by Mr. Manzur Qadir.
The “oath” which the Magistrate had administered to me before recording my confession was in this form that he said that whatever statement would be made by me will be written by him and it was up to me to make that statement. He also mentioned some provisions of law which I do not remember. He also told me that he was a District Magistrate and represented a Court and it was for him to note down what would be stated by me.
Record of Proceedings, Agartala Conspiracy Case • 89
SPECIAL TRIBUNAL
Record of Proceedings
31.7.1968.
The witness Mozammel Hossain was given his statement to read over and to suggest corrections, if any, therein. He says that at page 2 of his statement in line 22 instead of ‘in 1968’ it should be written ‘sometime in early 1964’. The witness also says that in the sentence beginning at the bottom at page 2 and going to the top of page 3, the words should be added “whenever he visited Karachi” Mr. Abdus Salam Khan objects to this addition. At page 5, he points out that there is a mistake at the end of the 1st paragraph. The last sentence should be read “promised to chalk out the programme of the organisation and then he left the house”. He also says that at page 3 at the top where it is written that Lt. Commander Moazzem Hossain called me to a house, it should be added, “this was sometime in September 1964”. He says that there is no other mistake in the statement
The deposition of P.W.2, Kamaluddin Ahmed, Son of Late Lal Mian, aged 41 years, by faith Muslim, Village Ruhithia, P.S. Feni, District Noakhali, at present 29/3, Outer Circular Road, Dacca.
I was in the Navy from 1946 to 1964. I left the Navy on pension. After release from the Navy, I lived at Chittagong. Prior to that, I was at Karachi. In Karachi, I was living at 47/3, School Teacher’s Co-operative
Housing Society. This was the house of Mr. K.G. Ahmed, a distant relation of mine. I used to pay Rs. 50/- per month by way of rent. Whenever Mr. K. G. Ahmed visited Karachi, upto May 1965 he used to put up with me in the same house. After that, he did not visit Karachi. The accused Sultanuddin Ahmed is related to me. He is the elder brother of my wife.
(The witness was asked to point out Sultanuddin Ahmed from the dock. He did so after going near the dock and after looking at all the accused).
I also know Steward Mujibur Rahman of the Navy from among the accused. I also know Noor Muhammad accused from the Navy. I visited Karachi sometime in September 1964 and on that occasion I recall that my brother-in-law, Sultanuddin Ahmed, wanted to invite some friends of his to the house at Karachi. Next day there came to the house, Lt. Mozammel Hossain whom I previously knew as “Chand Mia” and subsequently I came to know him as Mozammel Hossain. I was sleeping at that time when he anived. He knocked and I opened the door. He asked where Sultan had gone and I told him that he was away from the house. He said that he is very irresponsible. He had invited some big Officers and people and he is himself absent. Just then a Taxi arrived from which came out Lt. Moazzem, Noor Muhammad and Sultanuddin Ahmed. I then went away to wash me.
(The witness was asked to point out from the dock Lt. Moazzem, Noor Muhammad and Steward Mujibur Rahman. The witness says that Lt. Mozammel is not among the accused. The witness pointed out one accused, Mr. A.F. Rahman and said that he thought him to be Lt. Moazzem. The witness correctly pointed out Steward Mujibur Rahman and he points to Ex-Cpl. Samad and says that he is Noor Muhammad).
I came to Dacca in September 1965 as I had urgent business at Narayanganj. While in Dacca I stayed at my brother’s house in Gopibag. One day in Dacca, when I was coming out of the house, I saw three persons including Sultan Uddin Ahmed, my brother-in-law, Std. Mujibur Rahman and the another person was short and bald-headed and dark in colour. I did not know his name. They had come to see me. I told Sultan Uddin that I had no time to stay and they then entered the Taxi. I had got
Record of Proceedings, Agartala Conspiracy Case – 93
a Taxi waiting there and they entered that Taxi along with me. They wanted to go to Dhanmandi. Sultan Uddin Ahmed said that they had got an urgent job there but I do not know what that was. While in the Taxi that short bald-headed man was saying something in which “Shaikh” was mentioned. I dropped them at the corner of Rosy Hotel in Dhanmandi and I saw them entering a house there. I do not know whose house it was. I had purchased a jeep for my business in July 1965. I had arranged for my office in Dacca at 16, Dilkhusha, Commercial Area. In April 1966, while in Dacca, as I was going to office in my own jeep, Sultan Uddin Ahmed asked me to give a lift to Std. Mujibur Rahman to the Office of Mr. Ruhul Quddus, CSP Officer.
(The witness was asked the question as to what had happened and he answered after a good deal of hesitation). I accordingly took Std. Mujibur Rahman in my jeep and dropped him close to the EPIDC Office. In August or September 1966 one day, Sultan Uddin requested me to use my influence to procure launches and barges for the use of Lt. Mujib’s brother who had started some business.
On the 6th March 1968, I had made a statement before a Magistrate in Dacca Cantonment. That was a statement on oath. Ever since then I have been staying in the Div. Mess
Some time later, 3 persons also arrived namely Steward Mujibur Rahman and two others, one rather tall and the other short. The tall man I was later told was Sheikh Mujibur Rahman, and the short one was A.F. Rahman according to that information. The witness pointed out accused Mr. Ruhul Kuddus and said that he was Mr. A. F. Rahman. The witness said this after he had asked all the accused to stand up. He then asked all the accused to sit down, so that he could see their faces. Then the witness pointed out Sergeant Zahurul Huq and said that he was the tall man. I was taking tea at that time when Sultanuddin and Lt. Mozammel asked me whether I wished to be introduced to the persons who had come there. I said no. I just went up to them and saluted and went out. After release from the Navy, I was doing scrap business in Chittagong. I had left family at Karachi. I was myself at Chittagong. I had an Office at Chittagong in Government Rest House, Room No. 24. I was also residing there.
94. Record of Proceedings, Agartala Conspiracy Case
I happened go to Karachi in January 1965. I was received at the Airport by my brother-in-law, Sultanuddin Ahmed. We took a Taxi from there. Sultan Uddin Ahmed wanted me to drive him to the residence of Moazzam Hossain in the Karsaz establishment. The Taxi was taken to the house in Karsaz which I presumed was that of Lt. Moazzam. When the Taxi arrived there, 7/8 persons were seeing coming out of the house. Among them was Chand Mia that is Lt. Mozammel. Sultan Ahmed then told me that he was invited to a party of friends there but he did not get down from the Taxi, on seeing the men coming out of the house. The witness was slow in answering the questions. Witness wanted to sit down for two minutes. He allowed doing so.
Mess in the Cantonment at my request and I have been kept there, against my will.
[Learned Counsel for the prosecution wishes to point out that on the witness went to the accused’s Dock to identify the accused had banned, he pointed out wrongly Mr. A. F. Rahman as Moazzem Hossain and subsequently even after he had learnt that the person pointed out was Mr. A. F. Rahman who had given out his name, on enquiry by the Court, he went on to point out Mr. Ruhul Quddus as Mr. A. F. Rahman. The learned Counsel therefore, suggests that this wrong identification was made by the witness deliberately and we may be permitted to put some questions in cross-examination to this witness, after declaring him to be a hostile witness. In these circumstances, the learned Counsel is permitted to cross-examine the witness.]
[Mr. Williams wishes to submit at this stage that it does not necessarily follow from what happened that the witness was hostile to the prosecution but that the other inference may be that he is not in a fit condition to make statement hostile to the prosecution at all. The learned counsel suggests that this witness may have been “destroyed by the persons who had charge of him”. He suggests that his mental capacity had been affected as his appearance and action clearly showed.
After hearing William’s objection, we are quite clear in our minds that there is a legitimate ground for declaring this witness to be hostile.
Record of Proceedings, Agartala Conspiracy Case • 95
He is declared as hostile to the Prosecution. The learned Counsel for the prosecution is permitted to cross-examine him.]
xxx by Mr. Manzur Qadir.
It is not correct, that I have deliberately wrongly identified persons in the dock today. I do read news papers sometimes. I have heard of Mr. Mujibur Rahman as the leader of the Awami Party. But I have never seen his picture, in the papers. [The witness volunteers that he has always been a Muslim Leaguer and opposed to the opposition parties). I have never seen Sheikh Mujibur Rahman in any public meeting. I have not seen this leader anywhere during the last 5 years. The reason why I had not correctly identified the accused was that I had seen him earlier for a few moments only. It is not correct that I know Sheikh Mujibur Rahman very well and that I deliberately avoided to identity him. When I was seeking to identify Sheikh Mujibur Rahman in the dock, I pointed out to a gentleman and on being asked he gave him name as A. F. Rahman. After this I had mentioned in my statement two persons – one tall and the other short and I said the short man was A. F. Rahman and the tall man was Sheikh Mujibur Rahman, then I identified A. F. Rahman and pointed out to Ruhul Quddus as A. F. Rahman. I did state to the Magistrate in my statement that sometime in September 1965, three men had asked me to drop them at the house of Sheikh Mujibur Rahman at Dhanmondi. Today I have said that I did not know with what object they wanted to go to the house of Sheikh Mujibur Rahman at Dhanmandi. In explaining, I have made a mistake today. The correct position is depicted in my statement before the Magistrate. (The witness seems to have become a little more energetic than before). In December 1967, an application on my behalf was moved in the High Court alleging that I was being tortured. I was then examined by a Board of 5 doctors under the orders of the High Court. I did not see the report of the doctors nor was I told about it. I do not know whether the application moved on my behalf in the High Court was dismissed. I was arrested by the Police on the 9th of December, 1967 and the Police were accompanied by an Army Officer. I was then taken to the office of the Special Branch in the
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City and from there I was taken to the Central Jail, Dacca. On the 10th or | 11″ thereafter, I was again taken to the Special Branch Office. I was sent back to the Central Jail on the 18th or the 19th after that. They were asking me questions during this period the whole day and whole night. This went on for 7 or 8 days. I was not actually physically tortured. (The witness said that he was not tortured, then said he was beaten a bit, again said he was given a few slaps by two officers- Lt. Sharif and Cpt. Sultan only on one day as far as he remembered). The Jeep which I bought for my Company was numbered Dacca 9139. The driver was Nawab Ali. I think, in July 1965, this Jeep was kept at Mr. K. G. Ahmed’s house in Dacca. It was kept with him for one to two months.
(At this stage after the witness had asked for an explanation of what “hostile witness” means and he was given the explanation, he stated if that is so, then I should not be sent back to the Military custody after my evidence is over).
I want to go home from here and not to Military custody. When I was taken out of the Central Jail for being taken to the S.B. Office, the Officer who accompanied’ me had signed some documents at the Jail gate. I was taken there in a Jeep. On Monday, the 11th of December, 1967 I was taken to the City S.B. Office in Sidheshwari. I was handed over there to two Officers, one belonging to the Navy and the other to the Army. At that time D.S.P. Mr. Yasin and Inspector K. Ahmed of the S.B. were also present.
(At this stage the learned Counsel handed over a letter to the witness and asked him whether he had written this letter to his wife in his own hand. The witness answered in the affirmative and added that this letter was written by him in December 1967. The letter is Marked Ext. DA (6).
The learned Counsel read out to witness an extract from the letter beginning with “Here I was kept in the Military hand and were tortured from first degree to fifth degree and ending with “my penis was pulled mercilessly and balls were twisted to make both the balls vanish etc.” He was then asked whether he wrote this part of the letter and whether it represented facts. (The witness says that this was written in December and hesitates to say whether it was correct or not. The witness says that
Record of Proceedings, Agartala Conspiracy Case 97
he wants some tea before he could answer. “The witness was given time and again pressed to answer the question after being given the assurance by the court that whatever he might state, he will not be punished or subjected to ill-treatment by anybody. He says that whatever is stated here was done but lightly and not harshly. The witness was then read out the next passage from the letter beginning from “On Friday, 15th December while I was unconscious they made me sign few documents and took me and ending with” “Military and City S.B. Police might have changed or styled it to be my statement which pleases note. The learned Counsel asked him to state whether he wrote this and whether it represented the truth. The witness said:
I wrote it but I do not remember whether this is true.
(The witness was again asked whether this statement which has been read out is correct. He says: I cannot say if it is a hundred percent correct and again says, it is correct.) Because of what happened to me as detailed in the first passage read out to me, I forgot what happened to me and it is difficult for me to remember things.
(The learned Counsel then read out to the witness further contents of the letter beyond that already read out, up to the sentence ending with “I was returned to D.C. Jail at about 20 to 23 hours on the 16″ December 1967”. (He was asked if all that had been read out to him was correct.) He says: This was correct in December. I do not wish to go into this question now.
(The witness was handed over another letter dated 3rd June 1968 and he was asked to say whether he wrote this letter to his wife. His answer was in the affirmative.)
This is in my own hand and signed by me. I wrote this letter when I was in the 14 Div. Hqr., Dacca Cantt. (Witness was asked to go through the whole letter. He read it out loudly. The whole of the letter was read out by him in a loud voice. The letter dated 3rd June 1968 is marked Ext. DA -7.)
(The Counsel then handed over to him another letter dated 26th June 1968 and he was asked to read it. He read it aloud.) The whole of this letter is in my hand and signed by me and the contents are correct. I
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wrote this letter to my wife. (This letter is marked Ext. DA-8.) Major Hasan who is mentioned in this letter Ext. DA-8 is sitting in this Court. Major Hasan stood up when the Court asked him to do it. (The Counsel then handed over another letter in Bengali to the witness. The top portion of the letter seems to have been torn off. Photostat copy and the original do not bear any date.) This letter is also written in my hand and I wrote it to my wife. When the witness asked about the date said that this letter was written in March or April 1968. At that time I was in Signals Mess in this building. This letter too is in my hand and the contents are correct. (This is marked Ext. DA-9. English translations of the letters in Bengali should be placed on record by the learned Counsel.)
I was interrogated by the Police. I do not remember the statement that I made to the Police. I do not remember if I mentioned to the Police that at the request of Sultan Uddin Ahmed, I had given a lift to Std. Md. Mujibur Rahman up to Motijheel, in order that he might go to the office of Mr. Ruhul Quddus. (Not so recorded in the Police statement.) In the Police statement, I did not say that Sultan Uddin is the husband of my wife’s sister. In that statement, we find that he has stated “Sultan Uddin is the elder brother of my wife” but later on in the course of the statement, it is noted after the words “brother-in-law”, at two places, “husband of my wife’s sister in brackets. I do not remember if I mentioned in my statement to the Police or the Magistrate that it was Mozammel who gave me the names of Sk. Mujibur Rahman and Mr. A. F. Rahman at the Karachi meeting. (In neither statement he has mentioned Mozammel in this connection.) The witness was asked whether he wants to go back to the Military custody or to his home. He says that he would like to go home.
The witness may be allowed to go home provided he furnishes one surety for attending the Court tomorrow moving the 1st of August, 1968, to the satisfaction of the Registrar.
Record of Proceedings, Agartala Conspiracy Case 99
SPECIAL TRIBUNAL
Record of Proceedings
1.8.1968.
Mr. Md. Golam Hafiz has put an application pressing a constitutional point as regards the validity of the Ordinance. On submission of Mr. Williams, we have already ordered that this Tribunal will not go into the constitutional question. The same order will apply to this petition.
P.W. 2 Kamaluddin
To
Mr. Abdus Salam. 1.8.1968.
I did say yesterday addressing the Court that I would be here for 10 minutes and what would happen to me after that. I cannot remember if I stated to the Magistrate in my statement that I had kept my Jeep with Nawab Ali in the house of Mr. K.G. Ahmed for a month (so recorded). I had purchased the Jeep from a private person. I did not get my name transferred in the blue book as owner. The name of the old owner continued. (The witness was asked from whom he has purchased the Jeep and whether he can name the person). He stated firstly that he cannot name the person. Then he stated that this was an M.N.A. from Sylhet. The last part of his name was “Choudhury”. The Jeep belonged to the
Muslim League. Again said that the gentleman who sold the Jeep belonged to the Muslim League and not that the Jeep belonged to the Muslim League. The blue book was, however, in my possession. Mr. K. G. Ahmed was originally a member of our Corporation, but he retired three months after it was incorporated. He was originally the Chairman of the Corporation and I was the Managing Director. The Roxy hotel is situated on Mirpur Road. As I do not know the house of Shaikh Mujibur Rahman, I cannot say how far is that hotel from the house of Shaikh Mujibur Rahman.
Narayanganj is to the south-east of Gopibag. Narayanganj would not be more than 10 miles from Gopibag. Roxy hotel in Dhanmondi is to the north-west of Gopibag. The distance of Roxy hotel from Gopibag may be about 6 miles. I had fallen asleep after my mid-day meal at my house at Karachi when I mentioned a meeting having taken place in September 1964 there. It was not more than 3 P.M. when Lt. Mozammil came and knocked at the door. I left the house not later than 4 P.M. after the persons had assembled. Sultanuddin and I came in a yellow cab from Karachi Airport. The plane had arrived at about 10-15 P.M. and not later than that. When the taxi was stopped in front of the house in Karsaz, no words passed between us and those people who were coming out of the house. It was in October 1965 that my family also came away from the Karachi house. Mr. K. G. Ahmed did not retain that house after that. I had paid rent of the house up to October 1965. Actually, I did not pay the whole rent but only Rs. 50/- P.M. I used to pay to Mr. K. G. Ahmed out of the rent of Rs. 150/-, up to June 1965, and thereafter I paid the whole rent. After May 1965, Mr. K. G. Ahmed never went to that house. I do not remember if I said to the Police that out of the rent of Rs. 150/- I paid Rs. 50/- per month to Mr. K. G. Ahmed (not so recorded). I do not exactly remember if I stated to the Magistrate that I paid Rs.50/- to Mr. K. G. Ahmed (not so recorded). I do not remember if I told the Police that Mr. K. G. Ahmed did not live in the house after May 1965 (not so recorded). Lt. Mozammil and I were known to each other for a very long time. My statement was recorded in Dacca Cantt. by the Magistrate on the 6th of March, 1968. Major Hasan and Lt. Sharif used to come and see me sometimes during the time when I was in Cantt. area. They did come
Record of Proceedings, Agartala Conspiracy Case 103
and see me in February 1968. It was Lt. Sharif who on that occasion asked me to make a statement, first to the Police and then to the Magistrate. At that time, there was no torture committed on me. I was not beaten. I used to sleep on the floor in those days in my room whose doors, windows and ventilators were closed. They only asked me about my welfare.
Lt. Commander Iqbal, Lt. Sharif, Lt. Shamim of the Navy, came to me and told me that I would not stay in such a room for long if I could only agree to certain points of theirs. They suggested then I would be better off. I did not agree with it and they stopped my cigarettes.
To Court: I cannot recall the time when this happened. The witness took a long time to consider what he should say and eventually he said, “I cannot exactly remember”. When they had come to talk to me they gave me tea and cigarettes. About a week later Lt. Sharif alone came to me. I was not told that I had a choice whether I should be a witness or an accused. He told me that if I made a statement to the Magistrate I would not be kept here; he will take me elsewhere. It did not mean that I would be released. He never said that if I made a statement I would be a witness and not an accused. All that he promised me was that I would be accommodated better, have a bed to sleep in and good food to eat and I would not have to go a mile for relieving myself. He also said I would be staying in better accommodation. I did not agree with this suggestion. Three or four days later, Lt. Sharif came again to me and said that I would be taken to another man to whom I would say what he wants. He then took me to the Signals Mess. He brought me to the Signals Mess and took to a room in which an Officer was sitting. I later came to know that he was Lt. Ramiz but at that time Lt. Sharif told me that he was Colonel Sb. Lt. Sharif asked for tea; it was brought end Lt. Sharif then asked me to sing a song. I sang a song; it was a Punjabi song. This was at 11 A.M. I had no talk with Colonel Sb. Lt. Shamim of the Navy and one Army fellow, were there also at that time. Again said that the other man was in civilian dress and I do not know if he belonged to the Army. The man in civilian clothes told me to narrate the story which he gave. He asked me whether I would agree to do this and I declined to do so. Subedar Shafi was standing at the door and he said, “He would not agree
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in this way and I would bring four men to make him agree”. On this, I said, “I have seen the one leg of a cock although there were two and I agree to say whatever they wanted”. I was not then taken to any Magistrate to make a statement; I went back to where I was living. No one came to me for about 15 days. (When the question was repeated to the witness by the Court he said “I cannot recollect”). Again said 4/5 days- later, Lt. Sharif came to me. I had called him through a guard. I only told him that I would make a statement to him. He then brought me to the signals Mess and I made a statement to the Magistrate. Lt. Sharif gave me 4/5 points to mention. Lt. Sharif said to me that he had studied my case and found nothing against me. He also said that I had the choice either to make a statement or to go to the D.P.R. to be kept there till the Constitution of the Tribunal. He mentioned to me two points to be stated. (After a good deal of questioning the witness says he did not actually give me any point on that occasion but he said that if I agreed in principle he would tell the points later). He asked me whether I knew Sk. Mujibur Rahman. I told him I did not know him. (The witness was again asked by Counsel whether he was told to say something about Sk. Mujibur Rahman). He said,” Lt. Sharif told me that I should say that I know Sk. Mujibur Rahman and that he is a friend of mine”. He also suggested to me to say that I knew Mr. A. F. Rahman and that he is a friend of mine. He also said to me that you may also say that you know Fazlul Qader Chowdhury and that he met General Azam Khan at Chittagong in my room at the Government Rest House. I did not agree to say all these things. He also came to me after some time again and told to state that I knew Lt. Muazzam as my friend. I did not agree with this. The reason was that Lt. Muazzam was an officer and I was only a petty officer. The only suggestion Lt. Sharif made to me was that I should say I was a friend of Sk. Mujibur Rahman, St. Mujibur Rahman, Mr. A. F. Rahman, CSP, and Lt. Muazzam. I did not agree with this. He said, “I will show you the photos, you don’t worry and you say that they are your friends”. The witness was asked repeatedly whether he made the statement to the Magistrate eventually of his own accord or on the suggestion made to him by others. After a good deal of prevarication the witness says, ” Because of the fear of normal death, D.P.R. and the body
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of a young man found on a road side or in the river, I made the statement to the Magistrate in accordance with the suggestions made to me by Lt. Sharif. I was hesitating to make this answer for such a long time because I had been told by Lt. Sharif and the Magistrate, that if I said in Court that what I had stated to the Magistrate was not my statement, I would be pushed for one year or involved in some murder case”. Eventually, an Officer began writing a statement for me then he said, “you better write it down yourself”. I tried to avoid saying that I could not write properly. Then he said, “write slowly”. After that, it was Major Hasan who dictated the statement which I took down slowly. I do not see Major Hasan in Court today. When I was asked to identify Lt. Moazzem in the dock in this Court and I pointed wrongly to Mr. A. F. Rahman, CSP as Lt. Moazzem, he did get up and said something about his name but as there was an uproar I did not hear what he said.
To Court: I do not remember if this very question was asked from me yesterday by the Court and I said that Mr. A. F. Rahman gave out his name as F. Rahman when I wrongly identified him as Lt. Moazzem.
[None of the other Counsel for accused wishes to put any question in cross-examination to this witness).
To Mr. Manzur Qadir : (with the permission of the Court) [Mr. Williams at this state suggested that Mr. Manzur Qadir be only allowed to re-examine the witness in respect of matters that have been brought out by the Defence Counsel in their cross-examination and not put questions by way of cross-examination.
We consider that Mr. Manzur Qadir is entitled to put questions in the nature of cross-examination to the witness, in respect of fresh matters brought out by the Defence Counsel, while re-examining the witness because he has already been declared hostile to the prosecution).
I insist that Ext. DA-6 is a part of a letter written to my wife. It is not a document which was manufactured later alleging torture. My wife does not know English. I do not normally communicate with her in English. My letters to her are written in Bengali. I wrote this in English to my wife in order that the lawyer whom she might consult may understand my problems and represent me in respect of my problems in the fullest manner. I wrote this letter in English to facilitate her explanation to the
106. Record of Proceedings, Agartala Conspiracy Case
lawyer. I had written some words in Bengali on the top of this letter which I had cut out. I had written there in Bengali “Khaki, Please give it to Islam sb.” I then cut it out and decided to send another covering letter to her saying that she should send this document to Islam sb. I did not want the lawyer to see anything that I wrote about my domestic affairs. I was in Central Jail when I wrote this letter. [The witness was asked how he got the paper on which he wrote the letter from the Central Jail. He took a long time and then said,” I cannot remember”]. I had my pen with me and I wrote this letter with this pen. I gave this letter to my wife when she came to interview me in Jail. I was confined in a segregated room and there was nobody watching me when I wrote this letter. This particular letter was written before the writ petition was moved in the High Court on my behalf in December, 1967. The five doctors who had examined me at the instance of the High Court had done so one by one in my room. I showed them the injuries on my body. One of the doctors said to me,” Look Kamal, I love you but my hands are tied and I do not have any eyes”. I did tell the other four doctors that I had injuries on my person and I showed them the relevant place but I do not know whether they looked at them. My father-in-law visited me in the Div. Mess on the 21st of June 1968 and my wife has also seen me three times since. Again said, these three visits were made by my wife during the interval in between January 1968 up to now. I was transferred to Military custody from Jail on the 18th January. It is not correct that the stories of my torture were entirely false and have been invented to help the defence. It is wrong that I have stated wrongly today that the statement I made to the Magistrate was suggested to me by others and was not my own statement in order to accommodate the defence. The things mentioned in paragraph 1 of the letter Ext. DA-6 did not happen all at one time. These were applied to me from time to time and what I said later on in the letter, that I became unconscious, means that I became unconscious from time to time and discovered this when I saw that there was some ink on my thumb and I saw myself naked on the floor. The place where I was placed on the floor was wet. When I discovered it I was shivering. Yesterday I was frightened and I felt that there was somebody over my head. I was being threatened by Military Officers that I would be sent to
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the Central Jail and I was told by Lt. Sharif that he had rung up Pindi. He had mentioned normal death from which I understood that I will be murdered. He had also pointed out to a Brigadier and said, he had also talked with him. These threats were given to me from 26th July. The witness looked at a paper on which he says he had written down the synopsis of his movements while he was in custody. It is wrong that I have been induced by the Defence to make false allegations today. (The witness also said that he realised in this Court today that there is law in this country after he had gone home yesterday). I had intended this letter in English to be communicated to Mr. Amirul Islam, Barrister and Mr. Moudud, Barrister. I do not know the name of the doctor who told me that he had no eyes. It is wrong that I have made a false statement today about the doctors or about the Military Officers making suggestions to me etc., in order to help the defence. In connection with the Writ Petition, I was not taken to the High Court.
Mr. Amirul Islam and Mr. Moudud Barristers interviewed me in the Central Jail about 400 yards from the Jail Gate. I was interviewed in the Jail Gate actually. What I mean to say is that I had been kept in custody about 400 yards inside the Jail. I had showed my injuries to the Barristers who interviewed me in the Jail.
The Central Jail of Dacca is situated in Chawk Bazar Area. The Offices of the Jail are located in the rooms at the Jail Gate. I was interviewed by the Magistrate in the room of the Deputy Jailor in the Gate. At the time of the interview, the Deputy Jailor as well as, two others were present, presumably one from the military and one from the S.B.
To Court.
I have passed the Matriculation Examination. I passed in the third division.
(Mr. Abdus Slam Khan requested the Court on behalf of the accused that while the approvers are examined, Major Hasan may be asked to go outside the Court. This has been done and Major Hasan has left the Court room)
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Deposition of P.W.3 Ex-Corporal Md. Amir Hossain Mia taken on oath on 1.8.1968.
My name is Ex-Corporal Md. Amir Hossain. Mia S/O. Mvi. Fazel Molla, aged 34, by caste Muslim of Village Rupcharkandi, Police Station Janjira, District Faridpur.
To Mr. Manzur Qadir.
I was enrolled as an airman in the Pakistan Air Force from 10.7.1952 up to August 1964. I had joined the Central Statistical Office at Karachi after my discharge from the Air Force. I had passed M. A. in Economics while in Air Force service.
I developed intimacy with Steward Mujibur Rahman either in December 1964 or in January 1965. (The witness correctly pointed out Steward Mujibur Rahman in the accused’s dock).
I also became familiar with leading Seaman Sultanuddin Ahmed at this time. (The witness was asked to point out Sultanuddin Ahmed in the dock and he correctly did so) I also became familiar with Lt. Moazzem Hossain, (The witness correctly pointed him out from the accused’s dock). It was either in December 1964 or in January 1965 that Steward Mujibur Rahman and Sultanuddin Ahmed came to me and tried to persuade me to join the East Pakistan Separatist Movement for Separation of East Pakistan from the Central Government. I was also familiar with leading Seaman Noor Mohammad. (He correctly pointed out Noor Mohammad accused). The two persons, I have named already, Steward Mujibur Rahman and Sultanuddin Ahmed, briefed me about their separatist movement. Since I was not convinced by what they told me, they took me to the house of Lt. Moazzem Hossain in K.D.A. Scheme No. I, at 77-D where he was residing. I was introduced to Lt. Moazzem Hossain by Steward Mujibur Rahman as an Ex-Corporal of the Pakistan Air Force and that I was then an employee of the Central Statistical Office. Steward Mujibur Rahman also told Lt. Moazzem Hossain that they had briefed me about their movement, but that I was not convinced. Lt. Moazzem Hossain then tried to convince me. He told me that he had organised resistance force for the separation of East Pakistan from the Centre and make East Pakistan an independent State
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by armed revolution. I asked him out of curiosity why such a step should be taken. He recounted me the miseries that were imposed on the people of East Pakistan by the Central Government. He said that the Government exploited the resources of East Pakistan for the benefit of the people of West Pakistan. He told me that the movement consisted of ex-servicemen and serving armed force people. I was very much convinced with his ideas and I joined that Movement. After that, I was meeting Lt. Moazzem Hossain regularly at his residence. Besides myself and Lt. Moazzem Hossain, Sultanuddin Ahmed, Steward Mujibur Rahman, Noor Mohammad and Havildar Daliluddin of Guerilla force, used to be present on occasions at our meetings. (The witness correctly pointed out accused Daliluddin from the dock.). At this meeting we used to talk about the aims and objects of our organisation and methods through which we could realise them, In August, 1965, I visited Lt. Moazzem Hossain’s House. He confided to me that he was holding a party meeting in Dacca on the 28th of August, 1965. I received three letters from Sultanuddin Ahmed before meeting Lt. Moazzem Hossain on this occasion. Sultanuddin Ahmed in those days was on leave in East Pakistan in order to propagate the separatist’s movement. These letters were written by him from Dacca. (He learned Counsel handed over the witness two letters-one of which bears the date 13.8.65 and on the other there is no date). I received both these letters from Sultanuddin Ahmed who wrote them. (These letters are marked Exts. P.W. 31 and P.W. 32.) The purport of this letter Ext. P.W. 31 is that he is working with the students’ community for the movement. He asks in the letter why Steward Mujibur has not come to East Pakistan. He also says that whenever you receive my letter let me know immediately. He also says that he cannot progress with his work for this movement, but he hopes that the students’ community would be without ideas and many things may come up. He says that he went to many places for this movement. In his words “that was needless to say”. He also says that I have made all arrangements for your coming and that within 2 or 3 days you will let me know. The reference made in this context in the letter is to the proposed meeting to be held in Dacca. The reference to make an arrangement for
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going to Dacca was in connection without proposed meeting for the movement in the house of Sheikh Mujibur Rahman.
He said at the end of the letter on the other side of the page in the left hand side corner that in the letter I would be writing to him I should not write his name in the address. The address he directed me to write was “Md. Matiur Rahman (S) “(and “S” stood for Sultanuddin,) “Pathikabash, No. 4, Momenpur, Dacca-5.” (Mr. Manzur Qader state that the English translation of these letters has already been placed before the Court and copies supplied to the learned Counsels for the defence. The Defence Counsel states that they have not yet received the copies. The translation copies should be supplied to them immediately. The witness has been handed over the third letter by the Counsel which bears no date. This is marked Ext PW 3/3.) This third letter was also written by Sultanuddin to me and I received it. It was written from Dacca from the same address at Momenpur. He mentions in this letter that he had got an underground press where pamphlets for the movement could be printed. He has said in the letter that he has written this letter in a hurry as he was going to some places by train. He also said that he would send by telegraphic money order three tickets “up and down” which means from Karachi to Dacca and back. He said in this letter that money would be sent by the 18th of August. He asked me in this letter to finish the work in Karachi and then come over to Dacca informing him by telegram or by letter, of my going to Dacca. He says also “I have made all arrangements, do not think for it and please accompany Noor Md.”
This Noor Md. refers to Leading Seaman Noor Md. (Mr. Ismail objects to this explanation). He also says in the letter that Steward Mujibur Rahman should be sent earlier to Dacca. At the end of the letter, there is no name of the writer but there is the letter ‘S’. This stands for Sultanuddin Ahmed. Again he directs the letter to be written to the address of Md. Matiur Rahman (S), Pathikabash, Momenpur, Dacca-5. He also writes in this letter that this Matiur Rahman is our man and that from the letter (S) he would understand that the letter is meant for Sultanuddin Ahmed and that from the letters he would understand that the letter is meant for Sultanuddin and would be handed over to him.
112. Record of Proceedings, Agartala Conspiracy Case
After reading the contents of this letter I can say that this letter was written after the one dated 13th August, 1965. With the letter Ext. PW 3/3 I also got a pamphlet from him. This pamphlet I see here. (It is marked PW 3/4.) This pamphlet was not however connected with our movement. In the letter Ext. P.W. 3/2, Sultanuddin asked why I had not replied so many letters written by him. I also said in this letter “you people could not come to Dacca on the 14th and 15th due to the fact that he (Sultanuddin) could not take the money”. He further said that today I have sent Rs. 1,500/00 by an insurance (which means by insured letter) and he also said you can take with you whomever you want to take, and let me know on the above address. He also asked, “What has happened to St. Mujibur Rahman”. He also said that “you must arrange what you would say in the meeting in Dacca”. He also said that the place was arranged. He also said it seems to him that it will be good for the 28th or 29th as his leave would be expiring on the 9th September, there is no good date for it. He said also in the letter that the sitting of the meeting would be on the 28th or 29th. He also said he was waiting for me and said whatever you do, do immediately. He has signed this letter as “Sultan” at the end. There is a note below saying that another Rs. 500/00 has been sent to Noor Mohammad by Telegraphic Money Order. He says further “If I had sent money all together it would not have been good”. The reference to Noor Mohammad in this context is to Leading Seaman Noor Mohanmad. (Mr. Ismail objects to this evidence). This letter is the last one out of the three letters to be received by me. The letter Ext. 3/3 came to me in the envelope which I see here. (The envelope is marked Ext. P.W.3/5.)
Record of Proceedings, Agartala Conspiracy Case – 113
SPECIAL TRIBUNAL
Record of Proceedings
2.8.1968
Present : Mr. Justice S.A. Rahman, H. Pk.,
Chairman.
Mr. Justice M.R. Khan, S.Pk.,
Member
Mr. Justice Maksum-ul-Hakim,
Member.
All accused Present.
For prosecution: As on 1.8.1968
For defence : As on 1.8.1968
(Mr. Abdus Salam Khan brings it to our notice that on page 16 of the record it is stated as follows: “It is not correct to say that Shaikh Mujibur Rahman in the meeting I have mentioned only advocated peaceful attainment of parity and regional autonomy and not by armed revolt. He says that he made me a suggestion that Shaikh Mujibur Rahman was ever attending the meeting he has been mentioned in the question. He says his question was directed towards asking the witness whether it was not a fact that in the public meetings Shaikh Mujibur Rahman had only advocated peaceful methods).
(P.W. 2 Kamaluddin Ahmed was called in Court and given his evidence to read over and to say whether it is correctly recorded. The witness reads over his statement and says that at page 29 it is recorded “I was taking tea at the time Sultan and Moazzem asked me whether I wished to be introduced to the persons who had come there”. The witness explains that the fact was that Sultan only was sent by Moazzem to him and he told him that he was being called. “I went there and saluted them and then went out”.
The witness also said with reference to his statement on page 31 of the record that he had said that he had never seen the picture of Shaikh Mujibur Rahman in the papers. He wishes to add that he was shown the photographs of all the accused persons before coming to the Court when he was in the military custody.
At page 32 of the records, the witness says that there is a reference to an Army Officer with the Police on the 9 December, 1967. The Army Officer, the witness says, was said to be Capt. Sadequr Rahman Chowdhury who was in civil dress. At page 33, the witness says, it is recorded in the 5th and 6th lines that it was kept with him for one or two months. The witness now says that it was actually kept with him for one month only. At page 39 the witness says, at the 10th line it is recorded that the Taxi stopped in front of a house at Karsaz. He says that the actual fact is that the taxi was not stopped but it was going on at a very slow speed at that moment. At page 42, the witness says, it recorded in the 8th line from below, that it was Major Hasan who dictated the statement which he took down. But actually, he says he is not sure whether it was Lt. Shariff or Major Hasan. He says “presumably it was Lt. Shariff”. The witness says, at page 45 it is recorded that he asked to communicate it to Mr. Amirul Islam, Barrister and Mr. Maudud, Barrister. He now says, “I wish to correct this statement “. Instead of “Mr. Maudud”, it should be “Mr. K. Z. Alam, Barrister”. Again the same correction should be made in the 13th line on page 45 from below. Instead of Mr. Maudud it should be Mr. K. Z. Alam. He further stated “I also wish to say that what I stated in the Court that I was detained in the military custody according to my wish is not correct. I was detained against my wish”.
116. Record of Proceedings, Agartala Conspiracy Case
Note
This witness was called in as witness No. 2 in the Court at the special request of Mr. Abdus Salam Khan. Mr. Manzur Qudir wanted to examine the other approvers in the case after P.W. 1. Mr. Abdus Salam Khan represented that it would be desirable to examine Kamaluddin Ahmed witness as P.W. 2 as he was expected to give evidence in corroboration of the first witness. The order of witnesses proposed by Mr. Manzur Qudir was directed to be departed in this respect. Mr. Abdus Salam Khan had made this request after Mr. Manzur Qudir had indicated his order of witnesses, on a question as to which witnesses he wished to examine, after the 1st witness.
Examination in chief of witness No. P.W.3 (continues) :
The stamp on the envelope Ext. P.W. 3/3 shows the date, the 16th August, 1965. I received this cover with the letter inside, in the month of August, 1965.
I received the other 2 letters which have been marked, also in the same month. I am familiar with the hand writings of the person who wrote them. They are in the handwriting of Sultan Uddin Ahmed, accused. I identify his handwriting. In respect of the telegraphic money order mentioned in one of the letters, I say that it was addressed to Leading Seaman Noor Mohammad of P. N. S Himalaya at Karachi. The insured cover referred to in the letter was addressed to me at 32/6, E, Jahangir Road, East, Karachi-5. I received Rs. 1,500/- in that insured cover. I received that money between 18th and 20th August, 1965. Noor Mohammad also received the money sent to him at the same time. He came and showed me the money. I handed over the money to Lt. Moazzem; so did Noor Mohammad in my presence. Actually, the PIA tickets mentioned in the letter were not sent to me. This money was sent for the PIA tickets. Sultan had asked me to let me know what was decided by us. I did send a telegram on behalf of Lt. Moazzem, from Sadar Post Office, Karachi to the address “Md. Matiur Rahman (S), Mominpur, Dacca-4” saying that we would be going to Dacca to attend the meeting on the 28th of August by evening flight. Lt. Moazzem directed Steward Mujibur Rahman to go on leave to East Pakistan to assist Leading Seaman Sultan Uddin Ahmed in our organisational matters. I know this accused Lt. Moazzem (witness identified him in the
Record of Proceedings, Agartala Conspiracy Case 117
dock). He took leave. Lt. Moazzem Hossain was all the time discussing matters with me. He actually got leave perhaps for 2 days in between 15th to 18″ August, 1965.
On the 18th August, he actually left for Dacca. He came and told me that he was leaving. The witness was then asked how it was if the leave expired on the 18th that this man left on the 18″ evening. He says that the leave did not expire on the 18th August.
To Court:
The leave was actually for one month as he told me. What I mean to say is that order granting leave was passed between 15th and 18th August as he told me. This answer was given on Court question.
I cannot say from which date the leave was to start.
To Mr. Manzur Qadir.
I also went to Dacca on the 28th August, 1965 by evening flight along with Lt. Moazzem Hossain. I was asked in the letter to bring Noor Mohammad with me, but he did not go with me. This was because he was not granted leave by his Officer Commanding. Before I left for Dacca I had gone to Lt. Moazzem Hossain’s house and he confided to me that he was holding a party meeting in Dacca in the same month. On arrival by plane in Dacca we found L. S. Sultanuddin and Steward Muibur Rahman waiting for us at the Airport. They took us in a jeep from the Airport to Dhanmandi Road No. 2 to a house called “Alya”. That was I understood, the house of Dr. Khaleque, a relative of Lt. Moazzem Hossain. We dropped Lt. Moazzem Hossain there. Then the rest of us went to Dacca Hotel. Steward Mujibur Rahman and Sultanuddin were residing in that Hotel. I shared the room with Steward Mujibur Rahman. When we had left Lt. Moazzem Hossain at his relative’s house, he had told us to collect him next morning from there. Next Morning at about 7-30 A.M. L.S. Sultanuddin Ahmed phoned up K. G. Ahmed to send a jeep to Dacca Hotel. The jeep came. It was the same jeep which had brought me and companions from the Airport to the Dacca Hotel. I do not remember the number of jeeps exactly. The first two of its digits were “39” probably. L.S. Sultanuddin Ahmed, Steward Mujibur Rahman and I drove in the jeep to road No. 2 Dhanmandi to Dr. Khaleque’s house. Lt. Moazzem
118 . Record of Proceedings, Agartala Conspiracy Case
Hossain was waiting for us there. He told Steward Mujibur Rahman to fix a time of the meeting with Sheikh Sahib and he sent him to the residence of Shaikh Mujibur Rahman for that purpose. He left in a Rickshaw. The witness identified Sheikh Mujibur Rahman in the accused’s dock. Then Sultanuddin Ahmed, Lt. Moazzem and I went back to the Dacca Hotel in the same jeep. We waited there till about 2-30 P.M. In the meantime, Steward Mujibur Rahman came back and he told us that the time of the meeting had been fixed at 1500 hours that is 3 P.M. at the residence of Sheikh Mujibur Rahman. That meeting was attended by me, Lt. Moazzem Hossain, Steward Mujibur Rahman and L.S. Sultanuddin Ahmed. We four reached the house of Sheikh Mujibur Rahman and he took us to the second storey. The meeting was also attended by Mr. Ruhul Quddus C.S.P. who came when the meeting was ending. (The witness correctly pointed out Mr. Ruhul Quddus in the accused’s dock). At the meeting, Lt. Moazzem Hossain had opened the proceedings. He said, “With the blessings of Sheikh Mujibur Rahman, we are asking several service and ex-service personnel to join our separatist movement”. He said that these men will sacrifice their lives for the common cause. After that, he said, “we need funds, arms and ammunitions”. We were satisfied with what he said. Sheikh Mujibur Rahman said that all resources will be utilised for this purpose and he assured us that he would succeed in getting arms, ammunition and funds from India. Lt. Moazzem Hossain asked Sheikh Mujibur Rahman to provide some money for the time being. Sheikh Mujibur Rahman said that he would provide money to the extent of Rs. one Lac for the time being in installments of Rs. 2,000 to 4,000 at a time. Sheikh Mujibur Rahman told Lt. Moazzem Hossain to nominate one or two persons who could take money from him at the time of need. Lt. Moazzem Hossain then nominated Steward Mujibur Rahman and Sultanuddin Ahmed for this purpose. It was at this time that Mr. Ruhul Quddus came and was introduced to us. Sheikh Mujibur Rahman told us “he is my friend”. At that time he did not mention his name. We had tea and after that, we dispersed. After Mr. Ruhul Quddus had come there, there was no talk. We then went back to the Dacca Hotel. Lt. Moazzem Hossain left for Karachi, on the 29th August evening. We stayed on in Dacca. He had to leave because he had not taken official leave, as he told me so. 28th
Record of Proceedings, Agartala Conspiracy Case 119
August was Saturday on which we came from Karachi and 29th August was Sunday. We were short of money at the time. I paid the hotel bills for all of us from my own pocket. Again said I did not pay out of my own pocket. Actually, on the 1st of September, 65 Steward Mujibur Rahman and I went to the house of Sheikh Mujibur Rahman. Steward Mujibur Rahman went inside the house while I stayed outside. After 10/15 minutes he came out of the house with Rs 700/- in cash and handed it over to me and out of this money I paid the hotel bills. After that on the 9th September, 65 Steward Mujibur Rahman, Sultanuddin Ahmed and I went to Sheikh Rahman’s house in a taxi which belonged to K. G Ahmed. Sultanuddin Ahmed and Steward Mujibur Rahman went inside the house while I waited outside. Both of them came out after 15/20 minutes and Steward Mujibur Rahman handed over to me Rs. 4,000/- in cash. Out of this money which we had received from Sheikh Sahib viz Rs. 4,000/- and Rs.7,00/- I had given to Rs. 300/- to Steward Mujibur Rahman and Sultaluddin Ahmed for their expenses. After that, I cleared up the hotel bill. By this time war broke out with India. [The learned Counsel for the Prosecution wants it to be noted that the witness had said” I paid the hotel bill” which was taken by the Court to mean, out of own pocket). Steward Mujibur Rahman had told me that he had brought Rs. 4,700/- from Sheikh Mujibur Rahman. I kept the remaining money with me. I stayed on in Dacca till the last week of September, 65 when I left for Karachi. After arrival at Karachi I went to the house of Lt. Moazzem Hossain next day and in the presence of Mrs. Moazzem Hossain over Rs. 4,100/- in cash to Lt. Moazzem Hossain and I explained how the other money had been spent. I told him that Rs. 4,700/ – was received from Sheikh Sahib through Steward Mujibur and Lt. Sultanuddin Ahmed.
In the month of November, 65 L. S. Nur Mohammad introduced me to K. G. Ahmed and K.G. Ahmed introduced me to Ahmed Fazlur Rahman, CSP at Karachi. Mr. Ahmed Fazlur Rahman was in those days Deputy Secretary, Finance at Karachi. These persons to whom I was introduced were a senior member of the organisation. (The witness correctly pointed out Mr. Ahmed Fazlur Rahman in the dock). In the same month, we had two meetings in two houses. One at Lt. Moazzem’s House in P.N. Kursaz and the other in Ilako House where Mr. Ahmed Fazlur Rahman was residing. The first meeting was at Lt. Moazzem’s
120 . Record of Proceedings, Agartala Conspiracy Case
House. At that time were present Lt. Moazzem, Mr. Ahmed Fazlur Rahman, Ex-Corporal Samad, L.S. Noor Mohammad and myself. ExCorporal Samad had been my colleague from 1953. He had joined the activities of the organization from November, 1965, that is to say, I found him from November (Witness correctly pointed out Samad accused in the Dock). In that first meeting Lt. Moazzem Hossain told us that our work should be concentrated in East Pakistan and for that purpose Std. Mujibur Rahman, L. S. Sultan were in Chittagong. They were, according to him, whole time workers. He also said that in the near future he would send Ex-Corporal Samad and I to East Pakistan to expedite our insurrection movement. He also said that he required a few transistorised transmitters. He also told me that I should leave my job at Karachi and I would be provided with a suitable job in Dacca. In that connection, he said that he wrote letters to Std. Mujibur Rahman and Sk. Mujibur Rahman for providing me with a job. Mr. Ahmed Fazlur Rahman in that meeting offered to procure for us some transistorised transmitters from London and said he would write to his younger brother who was studying there. After that, we dispersed. Two or three days later the 2nd meeting was held at Ilako house.
Noor Mohammad, Lt. Moazzem, K. G. Ahmed and Mr. A. F. Rahman besides myself attended the meeting. Lt. Moazzem Hossain told us at that meeting that our work for the movement was going on smoothly in East Pakistan. Lt. Moazzem also told us that he was being informed of the activities in East Pakistan day to day by Leading Seaman Sultanuddin and Steward Mujibur Rahman. He said that according to his information, the party membership was about 3000. Lt. Moazzem Hossain then expressed how necessary it was for his presence to be in East Pakistan for the D-Day of the movement. Mr. K. G. Ahmed offered that he would use his influence with his friends in the Navy to get Lt. Moazzem transferred to East Pakistan. After that, we dispersed. Lt. Commander Hossain told me after a few days, to go to A. F. Rahman to get a letter from him, for Lt. Commander Moazzem Hossain. This was for the procurement of the transisterised transmitters from London. I went to him at the Ilako House and then he wrote the letter in my presence to Mr. Shafiqur Rahman his brother who was studying in London. I took that letter and handed it over to Lt. Commander Moazzem Hossain at his house. I know A. B. Khurshid.
Record of Proceedings, Agartala Conspiracy Case • 121
He is Able Seamen. (The witness correctly identifies the accused Khurshed in the dock). Steward Mujibur Rahman, L.S. Sultanuddin and A. D. Khurshid were in Chittagong in November, 1965 at their base. When the war had broken out on the 6th of September, after that on the 9th of September, Steward Mujibur Rahman and L. S. Sultanuddin Ahmed had gone to Chittagong. Actually what happened was that on the Radio there was an announcement that all the personnel should join and they left for Chittagong on the 9h of September. I was myself in Dacca and I know they joined at Chittagong. In November, 1965 I had received one or two letters at Karachi from Steward Mujibur Rahman. (The witness was handed over a letter by the learned Counsel and was asked to say whether this was one of the letters.) The witness says that this was one of those letters. This letter is marked Ext. P.W. 3/6. I also received along with this letter another letter in the same cover, which I see here. This second letter in the cover was addressed to L.S. Noor Md. (It is marked. as Ext. P.W. 3/7.) Both those letters were in one envelope (marked as Ext. P.W. 3/8.) The letter addressed to me was written in the hand of A. B. Khurshid but it purported to be from Steward Mujibur Rahman. The letter ended with the letter ‘M’. It stood for Steward Mujibur Rahman. The 2nd letter in the cover was also in the handwriting of A. B. Khurshid. Again it is signed at the end with the letter ‘M’ which stood for Steward Mujibur Rahman.
In the letter addressed to me, he says after salam that he had received two letters from me. Again witness says “not from me but from Lt. Moazzem Hossain”. He says in the letter that he understood from the letter of Lt. Moazzem Hossain that he was displeased with him. He also says in this letter that whatever was written in that letter was written at the instance of Sheikh Mujibur Rahman. The name of Sheikh Mujibur Rahman is not mentioned in the letter. But he is referred to as “Bara Bhai”. Lt. Moazzem Hossain is also referred to in the letter as “Bara Bhai”. “Bara Bhai” indicate Lt. Moazzem Hossain in Karachi and Sheikh Mujibur Rahman in Dacca. The reference to Lt. Moazzem Hossain is only as “Bara Bhai” in the letter. Sheikh Mujibur Rahman is referred to in the letter as ” Bara Bhai’ here”, in this letter. Both Lt. Moazzem Hossain and Sheikh Mujibur Rahman had told me that Moazzem Hossain was angry with Steward Majibur Rahman because he was not sending Money as asked for. He also said in his letter that all the arrangements had been
122 . Record of Proceedings, Agartala Conspiracy Case
made for “Medicine” for us. The reference to “medicine” in the sentence meant money but he says in the letter that for want of man, that was not sent. He also hoped in that letter that we would get that soon. He also says “you should not think over money but do your own job”. He further says “by the grace of Almighty, proceedings are going on and we have advanced, more”. He also hoped in the letter that we would progress more in a month’s time. He also said in the letter gradually we received good “house builders”. “By house builders” he meant “Party Workers”. He said that we should work selflessly for the movement. He also said in the letter that we were going to be ready for the next rainy season. He also added in the letter “you people remain unanimous”. He further said,” on receipt of my telegram you please come”. He further said, “You do your own job and you would be ready for that time”. He also says in his letter “Try with the State to bring the required thing and send it here”. He said also “we are trying over here”. He also said, “the people of this side are with us”. He further said, “we are waiting for that memorable day”. He also said that Std. Mujibur Rahman and L.S. Sultanuddin’s transfer should be arranged in Chittagong. Till then they were attached to Chittagong and had not been transferred to Chittagong formally. He also says “Kurshid is also working with us and working vigorously”. This Kurshid is A. B. Khurshid. He says also that he has advanced further. He also says “for this purpose I and Kurshid went to Dacca and proceeded further and achieved much success”. He says further that he should remain here and this is in reference to Khurshid. He says,” he should not be drafted from Chittagong to another place and you manage to do that”. He adds Khurshid sends his salam to you and so also Sultan sends his salam”. He also says that at present Sultan was very busy with this. He further says Anwar Zahid went to Karachi and he is mother’s sister’s husband of “Bara Bhai”. He further says that he was detained in Karachi for 14/15 days. He further says, “if possible you see him”. This refers to Anwar Zahid. He further says, all are well here by the grace of Almighty and he wants my welfare. It is written at the end “Yours ‘M’ ” This ‘M’ stands for Std. Mujibar Rahman.
(Mr. Md. Ismail says that he objects to the interpretation of the letter by the witness except for any phrase peculiarly worded.)
Record of Proceedings, Agartala Conspiracy Case • 123
SPECIAL TRIBUNAL
Record of Proceedings
5.8.1968.
Present:- Mr. Justice S.A. Rahman, H. Pk., Chairman.
Mr. Justice M.R. Khan, S. Pk.,
Member Mr. Justice Maksum-ul-Hakim, Member.
For the Prosecution: As before.
For the Defence: As before.
(All accused present)
Examination in chief of P.W.3, Amir Hossain, by Mr. Manzur Qadir continues. (Witness on oath as before).
This letter marked as P.W. 3/6 was received by me either in “November 1965 or January, 1966. I cannot exactly remember the date. The corner of the letter on which the date should have been was unfortunately torn when I opened the envelope. The same is my answer with regard to the other letter marked as Ext. P.W. 3/7. They came out of the same envelope and their portions were torn together. The second letter Ext. P.W. 3/7 is addressed to Nuru Bhai which was a reference to L.S. Noor Muhammad. The letter starts by giving salams to the addresses and then expressed hope that, you are all well. He says further:” Before
that, I sent a letter to you. Unfortunately, I could not get your reply. Let me know how far you have proceeded with the work over there. On receipt of my letter, you recruit according to your choice. By the grace of Almighty, we are working vigorously and advanced far. Have faith in Allah and do your job without hesitation. Please convey my love to Golam Muhammad. Please tell him that he should work with you in harmony. My key of the locker has been kept with Golam Muhammad. Please tell him that my Pay Book remained in the papers inside the locker, and he should send it. Tell him that he should send it by Registered Post. For this, I wrote a letter to him. He may have received it. I hope that it should reach me by the 25th. Otherwise, I will not get my pay. Please convey my salam to Mozammel Hossain Sb. I will let you know in the next letter in detail. Please tell about me to Mr. Mozammel Hossain about my draft to Chittagong. He should manage that I should be kept over here. Please accept the salams of Khurshid. We are well by the grace of Almighty. Please let me know about you.”
It ends with – Yours ‘M’. ‘M’ here stands for Std. Mujibur Rahman.
“I know Golam Muhammad who is mentioned in this letter. He is a colleague of L.S. Noor Muhammad and Std. Mujibur Rahman. Golam Muhammad had met me at my residence 32/6E, Jahangir Road, (East), Karachi”.
(The prosecution should put in an English translation of the letter marked as Ext. P.W. 3/7).
(The learned Counsel handed over a letter to the witness. This letter is now marked as Ext. P.W. 3/9).
“I received this letter in December, 1965. It bears the date 29-11-65. This was sent by Std. Mujibur Rahman. I am familiar with his handwriting. This letter is in his hand-writing. I have read the letter marked as Ext. P.W. 3/9. I have seen the English translation which was handed over to me and now marked as Ext. P.W.3/10. This is the correct English translation of the letter. The reference to ‘Bara Bhai’ in this letter, in the beginning is to Sk. Mujibur Rahman accused. In the next sentence, there is a reference to “Sultan” which means L.S. Sultanuddin Ahmed. In the next sentence again there is reference ‘Bara Bhai’ which reference is
126 • Record of Proceedings, Agartala Conspiracy Case
intended for Sk. Mujibur Rahman. In the next sentence, there is a reference to “final settlement” about me which means the question of providing a suitable job for me in Dacca. Further on there is a reference to “Bara Bhai Sb. at their end”. This has reference to Lt. Moazzem Hossain. There is a further reference to the United States of America and to the arrangement, to bring “our materials”. “Our materials” in this context means arms and ammunition. Mr. Shafi referred to further on, in this letter, was a friend of mine who was working in those days in Chittagong. Actually, he was in Barabakunda which is a part of Chittagong. Further on there is a reference to “your funds”. This has a reference to money which was to be collected from Sk. Mujibur Rahman. The letter ends with – “Your Mujibur” which stands for Std. Mujibur Rahman”.
The learned Counsel handed over another letter in Bengali to the witness and asked him to read it over to himself.
“I received this letter from Std. Mujibur Rahman. It is in his own hand-writing with which I am familiar. It bears the date 6.12.65”.
He says in the letter, “I am out of your love from many days. I do not know in which way and where we two shall meet together. Perhaps you are all angry with me. I have no grievance against any one. On 29.11.1965 I sent letters through a man by ship. Perhaps you have received. In those letters, I have given the details. The condition of the patient is very good over here. The reference to “patient” here is to East Pakistan and its condition. He goes on to say, “do not think over it. I myself and Sultanuddin went to Dacca for your settlement. It will take some time to bring you over here. At present, there is no vacancy. I have arranged to send you “medicine” by bank draft or Insurance. Here the reference to “medicine” means money. He goes on to say, “but you should not think over it. We have advanced with the foreign country over here”. The reference to “foreign country” here is meant to refer to India. He goes on: If possible I will let you know. “Bara Bhai” should not misunderstand me. This refers to Lt. Moazzem Hossain. He says further: I will remain with you as a real worker. If I have made any mistake please excuse me. I know that “Bara Bhai” was displeased with me; for
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that reason, I am very sorry. After that, I have made a quarrel with “Bara Bhai” This “Bara Bhai” here means Sk. Mujibur Rahman. He admits that he is ashamed of it. You should carry on your object vigorously there. I am very anxious as I could not get any news from you for many days. On receipt of my letters please reply soon. Moreover, you should please send one woollen pullover whatever it costs and it should be sent through a ship. I am getting much trouble by the winter. It should be of sky colour. Please hand it over to Sadek Bhai or Noor Mohammad or you can hand it over to Golam Ahmed”. I do not know this Sadek who is referred to here. He says further:” I am applying for casual leave; if I get it, I will come to Karachi once. Please pray for me so that I may get this leave. What more I should write? I have passed the days in any way. Pray for me. I am well”. It ends with “your Khadem, Mujibur”. Below there is a note N. B. which means, “in the meantime, I have been to Barabakunda and met with him”. It does not say to whom. The reference is to Mr. Shafi here. He says further in the note: “I regret to say that he is not inclined at all. He depends on you. He complained that he did not get any letter from you. For this reason, he remained silent. What he will do he did not tell me. For this reason, I am not feeling well. Many things have been said by Shafi. I will tell you when I will meet you, No more today”. It ends with “Khoda Hafez, Mujib”
On the first page of the letter in the margin, there is another writing which reads in translation: “I wonder if post card was not available for want of money, If it is not so, why am I not getting letters? May I know it? I know why you are not writing to me. You please let aside your misunderstanding from your mind”. This has no particular reference to anything. He says further: If you really keep in faith, all could not be got in a straight way. At present we require your people but we could not get you”. (This letter is marked Ext. PW 3/11.)
(Note: The prosecution should produce an English translation of this letter.)
This letter was received by me earlier than the letter Ext. PW 3/6. (The witness wants to go to the bathroom. He may be taken there).
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(The witness was handed over another letter in Bengali by the learned Counsel and asked to say whether he had received it). He says, “Yes, I did. It is addressed to me. It is dated 24.12.1965 and is from Sultanuddin. It is in the handwriting of Sultanuddin himself, with which I am familiar. The address in English at the top of the letter is also in his handwriting. The letter says, “My dear Amir Sb., my love to you. You have written many things but it is impossible to reply everything. You knew me very well, It is not required to introduce me a new. I am not accustomed to writing letters. I am a man of work and my intention is in that direction. Pray for me that till I die I should work. When you write this letter you should think about it. What you have to write and how you write. You are a wise man. It is needless to write more. Have you received my telegram or not, let me know? You finish all kinds of work with that country and as soon as possible you should come and see me”. The reference to “that country” means to the Embassy of the United States of America. He goes on:- “You should consult “Bara Bhai”. Again said, it means “after consulting Bara Bhai in detail you should come over here”. This Bara Bhai means Lt. Moazzem Hossein.” He says further: “No more today. How are you? We are well here”. It ends with “yours Sultan”. This letter was received in an envelope which I see here. The letter is marked Ext. PW 3/12 and the envelope is marked Ext. – PW 3/13
Leading Seaman Noor Mohammad came to me along with two letters and Rs. 2200/- which was received by me through Steward of a Merchant ship which came from Chittagong. He told me that this money had been sent by Steward Mujibur Rahman and L.S. Sultanuddin and Noor Mohammad and I then went to the residence of Lt. Moazzem Hossan at P.N. Karsaz. I conveyed the contents of the letter Ext. P.W. 3/11 to Lt. Moazzem Hossain and in my presence L.S. Noor Mohamnad also handed over Rs. 2200/- to Lt. Moazzen Hossain along with the two letters that he had received. Lt. Moazzem Hossain went through the letters and became very angry. The reason was that according to him Steward Mujibur Rahman and Sultanuddin had received Rs. 3,000/- and out of it only Rs. 2200/- had been sent. (The
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witness was asked whether he had written any letter to Sultan before he received the letter Ext. P.W. 3/12. He first said, “I did nothing”. When the question was repeated, he said, “I wrote 10 letters”. (The Counsel points out that the answer “he did nothing” was in answer to the question whether he did anything. The answer about writing letters, came to a question asking whether he had written to Sultan), I had received the letter Ext. PW 3/12 earlier than the letter Ext. PW 3/6. In February, 1966 I had managed my transfer to East Pakistan. Before going to Dacca I went to the house of Lt. Moazzem Hossain. He handed over to me three diaries in which he had written instructions which I was to carry out. (The witness was handed over a diary by the learned Counsel). He says that this is one of those diaries. (This diary is marked Ext. P.W. 3/14). This contains entries in the handwriting of Lt. Moazzem Hossain. I am familiar with his handwriting. While handing me over the diaries, Lt. Moazzem Hossain told me that I should work according to these instructions; he had put down for me in the diaries. He also handed over to me the list of arms and ammunition which was also contained in the diary itself. (The Witness was handed over another three sheets of loose papers apparently forming part of a diary. These are marked Exts. P.W. 3/15, 3/16 and 3/17). The witness says that these papers also contain instructions. I find on the 9th page from the end of this diary certain code words written in Bengali by Lt., Moazzem Hossain. (They are marked Ext. PW. 3/28. The learned Counsel says that there is an annexure to the complaint in the form of a list of these code names in English). The writing says, “Self Alo” which means Lt. Moazzem Hossain is to be known as Alo. The next entry is “Mian-code name ‘Ulka”. This was for me. The third entry is “Mozammel-code name “Tuhin”. This was for Lt. Mozammel. The next entry is “Sultan-code name ‘Kamal”. This was for L.S. Sultanuddin Ahmed. The next entry is “Mujib-code name “Murad”. This was for Steward Mujibur Rahman. The next is “Sheikh code name “Paras”. This stood for Sheikh Mujibur Rahman. The next entry is “Rahman ‘Tusher’ “which stood for Mr. A.F. Rahman, C.S.P. Next is “Nur Mohammad – code name ‘Sabaj. This stood for L.S. Nur
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Mohammad. Next entry is “Kuddus-code name “Shekhar”. This stood for Mr. Ruhul Kuddus, C.S.P.
“I see the first page of the diary written in the hand of Lt. Moazzem Hossain, marked as Ext. P.W. 3/19. This is in English and it is in the handwriting of Lt. Moazzem Hossain with which I am familiar Particulars of Scooter mentioned on this page are KAH 4768. This Scooter belonged to Lt. Moazzem Hossain. I also see a page of the diary bearing date 19.3.67, marked as Ext. P.W. 3/20. This is also in the handwriting of Lt. Moazzem Hossain. I have read the first two entries but I don’t know what they relate to. I see the page in the diary bearing the date 17″ January, 1964 and now marked as Ext. P.W. 3/21. This is also in the handwriting of Lt. Moazzem Hossain. On this page are instructions for me according to which I had to carry out my work. They are:- ” No. I contact Mr. K.G. for my transfer”. This has a reference to the proposed transfer of. Lt. Moazzem Hossain from Karachi to Chittagong. K.G. is the abbreviation of a name but I do not know the full name. It refers to the Director of National Shipping Corporation. Probably K.G. means Kazi Giasuddin. This instruction means that I should contract K.G. Ahmed on his arrival in Dacca for the transfer of Lt. Moazzem Hossain to Chittagong. K.G. Ahmed is the Director of National Shipping Corporation. The second entry reads: “arrange rent”. This has a reference to the instruction that on arrival in Dacca I would need a house in Dacca to live in and to keep the arms and ammunition to be received from India. I was instructed to take the rent of the house from Sk. Mujibur Rahman or from Ahmad Fazlur Rahman.
The third entry reads:” arrange employment for Samad, Doha etc.” Samad and Doha had left Karachi for East Pakistan before I arrived in Dacca. I was that when Samad and Doha would join the Separationist movement instructed by Lt. Moazzem Hossain, I should arrange for their employment. By the reference, “Samad” is intendent Ex-Corporal Samad accused. Doha referred to here is an Ex-Airman, a friend of Samad. Entry No. 4 is “to collect cash and send as soon as possible”, this meant: I should collect funds for the seperationist movement from Sk. Mujibur Rahman or from any other source available:
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The fifth entry reads: “Contact Sultan, Mujibur and discuss in detail”. This meant that on arrival in Dacca I should contact Sultanuddin and Std. Mujibur Rahman to find out how far they had progressed and we should discuss the matters in detail and adopt new methods of joining people i.e., general public.
Item No. 6 is: “take over jeep from K.G.” I had mentioned to Lt. Moazzem Hossain that I should need a jeep for going to places in connection with the separationist movement. Lt. Moazzem had asked Mr. Fazlur Rahman to provide a jeep for me. But the later said that K.G. Ahmed had already got a jeep available and he would influence him to provide the same jeep to me. On my arrival in Dacca however, I found that the jeep did not belong to K.G. Ahmed. It was the property of Kamaluddin Ahmed. That is why I did not approach K.G. Ahmed for the jeep.
Item No. 7 is: “start collecting cash from any source available”. This meant that Sultanuddin, Std. Mujibur Rahman and I myself could collect funds from any person. I see the entries on the page bearing, the date 18th January, 1964 marked as Ext. P.W. 3/22. Entries on this page are also in the hand of Lt. Moazzem Hossain. They are headed “not so immediate”.
No.1 “Contact Sabur”. This refers to the Communications Minister. Lt. Moazzem Hossain instructed me to induct. Mr. A. Sabur Khan, Minister in the Seperationist Movement.
No.2: “To contact India, China or U.S.A. Agents”. This meant that I should contact the Consulates General of these countries, for getting aid or funds or the ammunitions and support from their respective countries for the execution of the plan of the Separationist Movement.
No.3 is “arrange for delivery of goods”. This instruction meant: If Mujibur Rahman accused could make arrangement for arms and ammunitions from India, delivery of these should be taken from them by me. The next item is “promise anything, any one, at your level, but get the work done.”
I see the next*page of the diary now marked as Ext. P.W.3/23. The entry on it is also in the hand of Lt. Moazzem Hossain. This is headed “a
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list of information”. This meant the following information’s were required:- The first entry reads. : “details of factories and industries of various groups district wise”.
Entry No.2: “List of Directors and bosses of industries, their residential addresses”.
Entry No. 3: “List of Schools and Colleges”.
Entry No. 4: “List of Ocean-going and in Land Shipping Companies with their owners, directors and their addresses”.
Entry No. 5 : “List of all M.N.As, M.P.As and Ministers since 1947”.
Entry No. 6: “List of people in jail with their crimes and expected date of release”.
Entry No. 7: “List of reliable and good S.Ps and A.S.Ps”. Entry No. 8: “List of good C.S.Ps”.
Entry No. 9: “List of senior most Bengali Officers, in the Industries and Railways”.
Entry No. 10: “List of Ex-servicemen with their present qualifications”.
Entry No. 11: “List of Railway bosses with their places of origin”.
Entry No. 12: “List of addresses of buses and trucks with their registration numbers”.
Entry No. 13: “List of prominent doctors and legal practitioners”.
This list goes on for 3 leaves on both sides. The last entry is No. 25 and reads: “Map of Dacca, Comilla and Jessore cantonments”. I had not, however, collected any map in accordance with the last entry. I was only given one sketch map of a cantonment by Subedar Ashraf Ali. I do not know of which cantonment this sketch was. Std. Mujibur Rahman, however, told me that he had collected maps of the three cantonments from an S.D.O. of the M.E.S. –
(The learned Counsel handed over to the witness three loose leaves marked Exts. P.W. 3/15 to 3/17 bearings dates 27th, 29th and 31st August). I do not find the corresponding leaves with these dates in the diary. When I was given the diary these leaves were part of this diary. On Ext. P.W. 3/15 there is a word “Oath” written. This meant that every new recruit was to be given an oath. That when joining the separationist
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movement every recruit would work honestly for it and he would not disclose anything to anybody. Under heading “our need” there is an entry on this page heading “unlisted telephone”. This means that after taking the house in Dacca I was to have a clandestine telephone so that I could talk with Lt. Moazzem Hossain and other parties/workers without a trace. There is also entry No.5 on this page “large size map of Bengal”. Lt. Moazzem Hossain instructed me to procure one such map, but I did not do so. All the writings on these three loose leaves are in the handwriting of Lt. Moazzem Hossain.
(The learned Counsel handed over four leaves in loose sheets to the witness and he was asked whether he could identify these papers). The witness says, the writings on the two leaves Ext. P.W. 3/24 and P.W. 3/25 are in the handwriting of Lt. Moazzem Hossain. I cannot say in whose handwriting the writings on the other two loose papers are, which Marked Exts. are. P.W. 3/26 and P.W. 3/27. The writings on the Ext. P.W. 3/24 and P.W. 3/25 are a list of arms and ammunitions required by the party. All these four loose leaves were given to me by Lt. Moazzem Hossain at the same time as a diary. The other two loose leaves about which I have said that I do not recognize the handwriting on them also contain lists of arms and ammunitions.
On 2.2.1966 I came from Karachi to Dacca. I stayed at the Dacca Hotel. (The witness was handed over a register. At page marked Ext. P.W. 3/28 the witness was asked to look at entry No. 30. The register as such is marked Ext. P.W. 3/29 on the very first page). This register appertains to Dacca Hotel and at the page marked Ext. P.W. 3/28, item No. 30 bears my name and I had put it down myself. The date of the entry is 2.2.66. After going to Dacca Hotel I reported at my office, namely, Central Statistical Office at 28, Naya Paltan, Dacca. On the night of 3rd February ’66 I telephoned Steward Mujibur Rahman at Chittagong Naval base. He wanted me to come to Chittagong. Therefore on 4.2.66 I left Dacca for Chittagong. At Chittagong, I stayed at Hotel ‘Mishka’. (The witness was handed over another register and says that this is the register of hotel Mishka). (The register is marked Ext. P.W. 3/30 on the first page. The witness was asked to look at the page marked
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Ext. 3/32). He says “I find my name in my hand at No.7 from above. It shows the date of my arrival there as 5.2.66. The entry is ‘A. M. Hossain’. After my arrival in Chittagong Steward Mujibar Rahman, L.S. Sultanuddin, A. B. Md. Khurshid, petty officer Rahman and Lt. Haque came to see me one by one, but we all collected together there in room No. 4 of Mishka Hotel. Steward Mujibur Rahman introduced me to Lt. Haque and petty officer Rahman as I was not known to them. I do not see either Lt. Haque or petty officer Rahman in the accused’s dock. Steward Mujibur Rahman then gave a resume of the work done and he also gave a long list of armed forces personnel whom he and A. B. Khurshid had contacted. It was a written list. He wrote this list on my personal diary. He then said we are ready for the next rainy season, for the execution of the separatist movement. By the “rainy season”, it is meant that at that time the armed personnel would be obstructed by floods and it was proposed that we should take action and avail ourselves of that opportunity. He wanted to know from me whether arms and ammunition will reach, in time. He said that we could drive away from West Pakistani elements from East Pakistan. Everyone was satisfied with this idea. Lt. Haque wanted to know which other countries will support us and give aid for the execution of our plan. I told him that Sheikh Mujibur Rahman and Lt. Moazzem Hoasain had tried to persuade India to give us arms and ammunitions for our movement and that India will support us. Lt. Haque then told us that he had inducted Captain Nuruzzaman of East Bengal regiment, Chittagong. After that, they dispersed. At that meeting, Steward Mujibur Rahman had also complained of the indifference shown by L. S. Sultanuddin Ahmed, to Steward Mujibur Rahman and A. B. Khurshid because he had not told them which persons he had contacted. I had drafted a telegram to be sent to Lt. Moazzem Hossain asking him to arrange for a transfer of L.S. Sultanuddin from Chittagong to Karachi. I gave the telegram to Steward Mujibur Rahman to be sent. This was on the night of 5h February.
On the 6″ February I convened a party meeting in the same room in Mishka Hotel. This meeting was attended by Steward Mujibur Rahman, L.S. Sultanuddin, A.B. Md. Khurshid, Dr. Saidur Rahman,
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Manik Choudhury, Bidhan Chandra Sen and Subedar Razzaque of E.B.R., Chittagong. (The witness correctly pointed out Manik Choudhury in the accused’s dock. He also pointed out Bidhan Krishna Sen, accused, saying he is Bidhan Chandr Sen. He also correctly pointed out Subedar Abdur Razzaque in the dock). These new persons were not known to me before they were introduced to me by Steward Mujibur Rahman. I do not find Dr. Saidur Rahman among the accused in Court.
After the introduction of these few persons, we discussed the party matters and Steward Mujibur Rahman stated the contribution made by these persons to our movement. Manik Choudhury at this meeting gave to me three thousand rupees as a contribution for the party expenses. Dr. Saidur Rahman and Manik Choudhury confided to me that they had been instructed by Sheikh Mujibur Rahman to work for this movement. I returned to Dacca provably on the 8th February, 66. I stayed at Hotel Arzoo. On arrival in Dacca the same night I sent a telegram to Lt. Moazzem Hossain informing him that I had seen K.G. Ahmed for his transfer and he had promised to arrange. (The witness was handed over a paper and was asked to say to whom the writing was addressed. He said it is addressed to ‘Ulka’ by ‘Alo’. I had received this letter in an envelope. (The letter is marked Ext. P.W. 3/32, and the envelope is marked Ext. P.W. 3/33). This is in the handwriting of Lt. Commander Moazzem Hossain. ULKA was meant for me and ALO stood for Lt. Moazzem Hossain. The date of the letter is 9.2.66. (The witness was handed over an English translation of the Bengali letter and asked to say whether this represented a correct translation of the letter.) The witness says, “This is a correct English translation of the letter”. (The translation is marked Ext. P.W. 3/34.) In this letter at the beginning, there is a reference to “PARASH’. This refers to Sk. Mujibur Rahman, accused. This letter was written from Karachi. There is a further reference in the letter to “TUHIN” and “SABUJ” coming to Karachi. TUHIN stood for Lt. Mozammel and SABUJJ stood for L.S. Noor Mohammad. In the next sentence, the reference to “KAMAL” is a reference to Sultanuddin. The reference in that sentence is to the telegram for the transfer of Sultan which I had sent. The next sentence in the letter which says “the matter
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has become a bit difficult because SABUJ has arranged everything in such a way that he is not transferred”, means that Noor Mohammad had arranged that Sultanuddin should not be transferred from Chittagong. The reference to “KAMAL Sb.” in the next sentence is to one Major Kamal of the S.S.G. which is a Department of the Army but I cannot give its full nomenclature. Further on in the letter, there is a reference to “TUSHAR” and “SHEKHAR”. “TUSHAR” stood for Mr. A. F. Rahman, C.S.P. and “SHEKHAR” stood for Mr. Ruhul Quddus, C.S.P. The witness was asked to explain what the sentence in the letter “our way is that we will not allow the right hand to know what the left hand is doing” means. He explains that earlier, Sk. Mujibur Rahman did not like that Mr. A. F. Rahman should be trusted” But he was one of the members of the organization. This sentence means that Sk. Mujibur Rahman should not know what dealings we have with Mr. A. F. Rahman. We were actually proposing to have money from both these persons. The sentence in the letter, “I already told you that we would not take the house from then”, means that if a house is offered either by Sk. Mujibur Rahman or by Mr. A.F. Rahman, we should not take it. Instead, we should take money from them and rent a house ourselves. The reference in the letter saying “PARASH” still considers him to be a fool,” is to the difference of opinion between Sk. Mujibur Rahman and Lt. Commander Moazzem Hossain. The former was of opinion that we should execute the plan earlier but Lt. Moazzem Hossain thought that this was not mature as yet. (Mr. Ismail objects to the interpretation of this letter by the witness and so does Mr. Abdus Salam Khan).
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SPECIAL TRIBUNAL
Record of Proceedings
6.8.1968.
Present::- Mr. Justice S. A. Rahman, H. Pk.,
Chairman. Mr. Justice M. R. Khan, S. Pk.,
Member
Mr. Justice Maksum-ul-Hakim, Member For the Prosecution: As before. For the Defence: As before. (All the accused present)
(The witness is on oath as before. Examination-in-chief of P.W.3 continues).
(The witness was handed over a letter in Bengali by the learned Counsel and he was asked whether he had received it and if so, from whom. The witness says he received it from Lt. Moazzem Hossain, code name ALO, in the envelope attached to the letter. The letter is marked Ext. P.W. 3/35 and the envelope is marked Ext. P.W. 3/36). The letter bears the date 25.2.66. (The witness was handed over an English translation of the Bengali letter and was asked to say whether this was a correct translation. He read over the Bengali letter and the translation himself and said that the translation is correct. The translation is marked Ext. P.W. 3/37). The letter mentions that the writer had sent me two telegrams and a letter. I did receive them. The letter asked me to give the
writer a telephone number so that he could phone me at night. I gave him the telephone number of ‘Hotel Arzoo’. I cannot now remember the number. I did receive a trunk call from him on 3.3.66 as the letter mentions. The reference to “Kamal” in the third paragraph of the letter is to Sultanuddin Ahmed. In the next sentence, it is mentioned, “his affairs will be settled very soon”.
That refers to an arrangement for his transfer from Chittagong to Karachi. The word “Murad” in the next sentence refers to Std. Mujibur Rahman. The writer says he may come on the 5″ of March on a short visit but he did not actually come. The fourth paragraph mentions an outside job for which I had given a letter. This is a reference to the letter which I obtained from A.F. Rahman, C.S.P. for obtaining transistorized transmitters from London. The reference in the words “the gentleman not living at that place for the last two months” is to the younger brother of Mr. A.F. Rahman, C.S.P (The witness after reference to the Bengali letter says). At the end of the fourth paragraph the words “big amount” should be corrected to the word “money” only. The reference to Samad in the next paragraph is to Ex-Corporal Samad, accused. The reference to “contract business” in this paragraph is to our movement. In the sixth paragraph, the reference to the “family affairs” also stands for reference to our movement. In the next paragraph the reference to “mother’s illness” is really a reference to the condition of East Pakistan. In the next sentence, the reference to “Doctor” is a reference to Sheikh Mujibur Rahman and the words “prescribed medicines” stands for arms and ammunitions. In the next paragraph, the reference to “PARASH” is to Sheikh Mujibur Rahman. The reference to “Rahman” in this paragraph is to Rahman, a Naval Rating, but he was not connected with our movement. “SABUJ” in this paragraph stands for L.S. Noor Muhammad.
Ex-Corporal Samad brought four new recruits for our movement to me at Hotel Arzoo in February, 1966. They were Subeder Ashraf Ali Khan, Yousuf, Compounder Government Dispensary, EPRTC Clerk, Mujibur Rahman and Rezzak, Security Officer of the EPRTC.
(The witness correctly pointed out Mujibur Rahman, accused, who was a clerk in the EPRTC, in the dock). After they had been brought to me I indoctrinated them and explained the aims and objects of the
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movement. They offered their fullest co-operation to me. After that, I gave them their traveling expenses and then they dispersed. I had tried to get employment for Samad accused but there was no vacancy available.
I received a trunk call from Moazzem Hossain from Karachi about the second or third week of March, 1966. In the trunk call, Moazzem Hossain directed me to take Ex-Corporal Samad to Mr. Ahmad Fazlur Rahman to provide a job for him. I took him to Mr. Fazlur Rahman who provided a job for him as Manager of the Green View Petrol Pump on the opposite side of the Dhanmondi area across the road. The idea of putting him as Manager of the Petrol Pump was that he should act as an agent to provide contacts between Indian Embassy Personnel and Mr. | Ahmad Fazlur Rahman. I do not know how far the Indian Embassy from this Petrol Pump is. The Petrol Pump actually belonged to Mrs. Fazlur Rahman.
In the first week of March, 1966 I had convened a meeting of our Party at Mohakhali. This is near the Air Port. This meeting was attended by Ex-Corporal Samad, Subedar Ashraf Ali Khan, Mujibur Rahman, EPRTC Clerk, Yousuf Compounder, Dacca Cantt., Rezzaque, EPRTC Security Officer, Ft. Sgt. Huq, Educational Instructor, L.A.C. M.A. Nawaj, J.T. Z.A. Chowdhury and Sgt. Mia. (Witness pointed out Sgt. Shamsul Huq in the dock and said that this was the Sgt. Huq who attended the meeting. The witness pointed out Ft. Sgt. Huq and said that he is Ft. Sgt. Huq. The witness was asked how many Huqs were there in this meeting). He says that there were two Huqs. There were Sgt. Huq and Ft. Sgt. Huq and I have identified both of them in the dock. At this meeting, I had talked about the progress of our movement and explained the aims and objects. These people who were attending the meeting offered their co-operation to me. Ex-Corporal Samad said that our objects could be achieved by armed revolution. He also said that Shaikh Mujibur Rahman, Mr. Ahmad Fazlur Rahman and Lt. Moazzem Hossain were trying to procure funds, arms and ammunitions from India.
(The witness was handed over a document by the learned Counsel).
The witness said: “This is one of the sketches of a Cantonment given to me by Subedar Ashraf Ali Khan”. (It is now marked as Ext. P.W. 3/30).
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(Witness as handed over a letter by the learned Counsel and was asked whether he had received this letter). He says “I received it”. (“the letter is marked as Ext. P.W. 3/39). It bears the date 4.3.1966. It purports to be from “Alo” which stands for Lt. Moazzem Hossain, The letter is in the handwriting of Lt. Moazzem Hossain, I identify it. The letter marked as Ext. P.W. 3/35 is also in the handwriting of Lt. Moazzem Hossain. (The witness was handed over an English translation of the letter in Bengali and was asked whether it is a correct translation). He says “In the seventh paragraph before the word ‘E’ there should be the letter ‘Mo”. The rest of the translation is correct. (The translation is marked Ext. P.W. 3/40). In the 5th paragraph, the words in the bracket “Saturday and Sunday” in the letter are redundant and they are not in the original. In this paragraph, it is mentioned that the writer would go over to Dacca either on 12.3 or on 13.3. Actually, he came over to Dacca on 12.3. ‘Kamal’ in this paragraph stands for Sultanuddin Ahmed and Murad for Steward Mujibur Rhaman. The reference to “Nur Mohammad” is to Nur Mohammad accused. In the last but one paragraph of the letter I was directed to put in a trunk-call to ‘Murad’ so that “the boy is exempted from customs duty”. This exemption from duty was asked for in respect of radio for Lt. Moazzem Hossain bought in London, by G.M. Choudhury, for him. The letter ends with the words ‘Yours Alo’ Which refers to Lt. Moazzem Hossain.
When Lt. Moazzem Hossain arrived in Dacca on the 12″ March, 1966 I received him at the airport. He hired a taxi and I took him to ‘Alya’ in Dhanmandi. Steward Mujibur Rahman also came there in the evening Lt. Moazzem Hossain sent Stewart Mujibur Rahman to Sheikh Mujibur Rahman in order to fix the time of the meeting. After that Lt. Moazzem Hossain, Steward Mujibur Rahman and I went to the Busstand on Satmashjid Road, in Dhanmandi, at about 7-30 P.M. Sheikh Mujibur Rahman arrived at the bus stop in his own car. He took us to the residence of Mr. Tajuddin Awami League Secretary, in his car. We went to the drawing rooni and waited for Mr. Ruhul Kuddus. After 5/10 minutes, Mr. Ruhul Kuddus Arrived there. Then we had a meeting. Lt. Moazzem Hossain stated in that meeting that we succeeded in persuading a large number of armed service personnel and civillians with our spirit
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and ideology. He said that he would accept nothing but independence of East Pakistan from the Central Government. Everyone was satisfied. He also said that as soon as we received arms and ammunitions from India we will fix a date of action. He said that the general people of East Pakistan would back us on that day. After that Lt. Moazzem Hossain and Sk. Mujibur Rahman went to another room for a few minutes. After about 15 minutes, they came back. Lt. Moazzem Hossain then declared that Havildar Daliluddin and a Captain from Joydebpur would go to India to talk about the arms deal with the Indian Government. After that, he said that Havildar Daliluddin and L.S. Sultanuddin Ahmed are being detailed for training in guerilla warfare in Rangamati Hill Tracts, on receipt of the arms and ammunitions, for use by the ex-service personnel. Mr. Tajuddin, the house owner was not present at this meeting.
(The witness was handed over a letter by the learned Counsel and asked to say whether he had received it). He says, “I received it from Lt. Moazzem Hossain in whose handwriting it is, but there is no name at the end of the letter”. (The letter is marked Ext. P.W. 3/41). It bears the date 19.3.1966. (The Witness was handed over the English translation of the Bengali letter and was asked to say whether it was a correct translation.) The witness says; “In the translation handed over to me, in the 6th paragraph instead of ‘bless him’ it should be ‘bless her’. After the 6th Para also there should be the work ‘end’. The rest of the translation is correct”. (It is now marked Ext. P.W. 3/42). The reference to “Mr. Rahman” in the first paragraph of this letter, is to Mr. Ahmed Fazlur Rahman, accused. ‘Shafi’ referred to in the second paragraph of the letter, was an ex-servant of Lt. Moazzem Hossain in the P.I.A. as a loader. The reference to ‘instruments’ in the last line of this paragraph stands for ‘Pistols’. In the next paragraph, what is stated in the letter in the words, “I have not been able to understand what the condition of trade is “the reference is to the movement in East Pakistan and the ‘Price of market’ means the price of arms and ammunitions. I had written a letter to Lt. Moazzem Hossain as mentioned in this paragraph stating the condition of our movement in East Pakistan and also informed him about the affair of his transfer. The reference to ‘sending the name’ means that he would be sending a name of a good honest fellow. (The witness says that this is probable. The
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answer to the question is inadmissible as near opinion and is expunged). Mr. Ahmed Fazlur Rahman had told me about the trunk-call which he had received from Lt. Moazzem Hossain about his transfer. The work ‘good’s in the P.S. note refers to arms and ammunitions. (The Counsel handed over, two documents to the witnesses and asked him whether he could identify these documents, in what circumstances they were executed and what they related to). The witness says, “I received a letter from Lt. Moazzem Hossain on 30th March, 1966 which was addressed to me and Mr. A.F. Rahman, accused. I handed over that letter to A.F. Rahman on the same day. He had asked for money in that letter. Mr. A.F. Rahman told me to collect the money the next day. I, therefore, went to him on the 31st of March and I collected from him Rs. 5,500/- in cash. I then went to the National Bank of Pakistan, Jinnah Avenue. From the bank, I obtained this bank draft, marked Ext. P.W. 3/43, on the application made, marked Ext. P.W. 3/44. I sent this draft to Lt. Moazzem Hossain at Karachi. My signature appears on the application marked Ext. P.W. 3/44, but not on the draft. The name of the person to whom the draft was to be sent is written as Lt. Moazzem Hossain in my hand-writing in application Ext. P.W. 3/44. With the letter of Lt. Moazzem Hossain had come to another chit which I retained myself. (The witness was handed over a piece of paper by the counsel and he says) “this is the same chit written by Lt. Moazzem Hossain. The chit is marked Ext. P.W. 3/45. This chit directed me to send money by a bank draft. Out of the Rs. 5,500/- which had been given to me by Mr. A.F. Rahman. I had retained Rs. 500/- for our expenses.
In the month of April, 1966 I received another letter from Lt. Moazzem Hossain and according to that letter, I went to Sk. Mujibur Rahman, accused on Bakr-Idd day, along with Steward Mujibur Rahman whom I had called by a trunk-call to Dacca. We apprised Sk. Mujibur Rahman of the activities of the organization and I made a demand for money. He brought Rs. 4,000/- from another room and handed over this amount in my presence to Steward Mujibur Rahman. Later on, Steward Mujibur Rahman handed over the same amount to me. I sent Steward Mujibur Rahman to collect more funds, without naming any particular person and after 2 or 3 hours he came to me with Rs.
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2,000/-. On my enquiry, he told me that he had brought that money from Mr. Ruhul Quddus. On the same day in the evening, I handed over Rs. 6,000/- to Steward Mujibur Rahman and sent him to Chittagong, instructing him to dispatch this amount to Lt. Moazzem Hossain.
(The witness was handed over by Counsel another letter in Bengali.) The witness says, “I received this letter. It was addressed to me as “ULKA” by Lt. Moazzem Hossain, bearing the date 1.4.66. I received the letter in the envelope which is here with the letter. (The letter is marked Ext. P.W. 3/46 and the envelope Ext. P.W. 3/47.) This letter is in the handwriting of Lt. Moazzem Hossain (The witness was handed over a translation into English of this letter and asked to say whether this was a correct translation). The witness says, “in the 3rd paragraph the last word should be “her” and not “him”. The witness says that at the beginning of the 4th paragraph, instead of the word “Murad” it should be ”mind”. He also says, at the end of the letter, the words ‘no more’ should not be there, instead of the word ‘end should be written there. The rest of the translation is correct. (The translation is marked Ext. P.W. 3/48.) This letter came on the address “Amir Hossain Mia, 107, D.N. Sen Road, Gandaria, Dacca -4, East Pakistan. I had shifted to this address at the end of February or beginning of March, 1966. I had hired the house for my living. There was a telephone in the house numbered 82452.
In the beginning of the second paragraph of the letter, the words “the articles” stand for arms and ammunitions. The first sentence of the 4ch paragraph means that Lt. Moazzem Hossain did not like to stay on in Karachi. The reference to”Mr. Rahman” in this paragraph is to Mr. Ahmed Fazlur Rahman, accused. The word ‘trade’ in the 5th paragraph of the letter stands for purchase of arms and ammunitions for the movement. By the word “share-holders” in this paragraph, is meant Sk. Mujibur Rahman, Mr. Rahman, Mr. Ruhul Quddus and Manik Chowdhury. In the same paragraph, “new share-holders” stands for other persons who might be inclined to give money.
(The learned Counsel hand over a letter with an envelope to the witness.) The witness says, “this letter which bears the date 6.4.66 was received by me from Lt. Moazzem Hossain. It is addressed to me and is in the handwriting of Lt. Moazzem Hossain. The letter came in the
Record of Proceedings, Agartala Conspiracy Case . 145
envelope given to me. (The letter is marked” Ext. P.W. 3/49 and the envelope Ext. P.W. 3/50. The witness was handed over an English translation of the letter by Counsel and asked to say whether this was a correct translation of the letter.) In the 4th paragraph of the last sentence of the letter the word ‘Khalis’ should be replaced by ‘Khalid’, in the translation. The rest of the translation is all right. (The translation is marked as Ext. P.W. 3/51) “Shafi” mentioned at the beginning of the letter, is the private servant of Lt. Moazzem Hossain, whom I have already mentioned in my statement. The reference to the “draft” in this letter is to the draft which I had sent to Lt. Moazzem Hossain for Rs. 5,000/-. The words Rahman Sb.’ occurring in the first paragraph of this letter are intended to refer to Mr. Ahmad Fazlur Rahman. The word ‘materials’ at the beginning of the second paragraph stands for arms and ammunitions, and the word ‘business’ stands for our movement and the word ‘plantation’ stands for the place where the arms and ammunitions could be kept. The word materials occurring at the beginning of the second sentence of the paragraph also stands for arms and ammunitions. The words in full mean that they had to be in accordance with the list which he had already given me. By the word ‘Khalid in paragraph 4 of the letter, reference is intended to Khalid Jamil, ExCommodore of the Navy. The words “materials of this place”, at the beginning of the fifth paragraph of the letter, referred to, my suggestion to Lt. Moazzem Hossain that he should purchase some arms and ammunitions from the tribal area of West Pakistan. There is a reference in letters received by the ‘Bhabi’ in paragraph 6 of the letter. Some of these letters addressed to ‘Bhabi’, were meant for Lt. Moazzem Hossain and others for herself.
(The learned Counsel handed over to the witness a telegram with an envelope. He was asked whether he had received the telegram.) He says “I received it”. It was received by me on 7.4.66 from Lt. Moazzem Hossain. This informed me that Lt. Moazzem Hossain had been transferred to Chittagong. (The telegram is marked as Ext. P.W. 3/52 and the envelope is marked as Ext. P.W. 3/53.) On receipt of this telegram, I went to Ahmad Fazlur Rahman and Mr. K. G. Ahmed. I told them about the transfer of Lt. Moazzem Hossain.
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to give me the accounts for the money I had sent to him, and on his, we exchanged hot words. This was because he could not justify the use of the money for his expenses. On the same evening, I came to Dr. Khaleque’s house at Aleya and I handed over Rs. 8,000/- in cash along with some vouchers and relevant papers to Lt. Moazzem Hossain and told him that I was leaving the organization. At that moment he gave me Rs. 1,500/- to clear the rent dues for my house which I had hired. He warned me that if I uttered a word about the movement, he would get me killed and he asked Ex-Corporal Samad and Std. Mujibar Rahman who were also present there, to watch me. After this, I severed all connections with this organization. I had retained some letters and 2/3 diaries which I have proved.
I was arrested on the 13th of December, 1967. I had kept these papers which I had retained, in the office store-room of the Central Statistical Office at 28, Naya Paltan, Dacca. (The witness was handed over a chit by the learned Counsel). The witness says, “this chit is in my handwriting”. (This is marked Ext. P.W. 3/57). After my arrest, I was taken to Rajarbag Police Interrogation Centre. I told the police officer, who interrogated me that I had some documents with me. Again said, it was D.S.P. Mannaf who interrogated me I gave this chit to him. The chit Ext. P.W. 3/57 reads in Bengali “Love to you please hand over one big diary and one pocket diary to the bearer of this chit”. This is addressed to Rahmat Ali, Choukider of the Central Statistic Office. The chit says that he should give the diaries from my handbag. It was added in the chit ‘I need it’. ‘I am so so ‘and ‘ yours Md. Amir Hossain Miah dated 14.12.67’. (The witness was handed over a paper and asked to say what this was). The witness says, on my arrival to the Court I addressed a joining report to the Statistical Officer, C.S.O. Regional Officer, 28, Naya Paltan, Ramna, Dacca. This bears the date 3.2.66. I made this report when I joined the statistical office in Dacca. (This report is marked Ext. P.W. 3/58. The learned Counsel handed over another paper to the witness and asked him to explain what this was). The witness says, “this paper contains a report of the dealing assistant of my office about my going to Karachi. This contains an endorsement by me asking for advance T.A. for my visit to Karachi”. (This document is marked Ext. P.W. 3/59. The witness was
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handed over by the learned Counsel, a telegram with an envelope and asked to say whether he had received this telegram and under what circumstances). He says, I received this telegram from Lt. Moazzem Hossain. I find that this bears the date 14″ February, 1966. The telegram says, “Anxious Wire Situation”. This enquiry is about the transfer of Lt. Moazzem Hossain. The sender’s name is given there as ‘Alo’ under the telegram. This stood for Lt. Moazzem Hossain”. (The telegram is marked Ext. P.W. 3/60 and the envelope Ext. P.W. 3/61. The witness was handed over a handbag by the learned Counsel). He says, “this is my own hand bag. I had kept the letters and the diaries in this handbag under lock in my office store. I had given the key of the lock to the D.S.P. on his demand. (The bag is marked Ext. P.W. 3/62).
After I had been taken to the Military Custody from the Central Jail Dacca, I became determined to make a confession. After this Lt. Sharif came to me one day and I asked him to make arrangement for recording my confession. After 2/3 days he took me to the V.I.P. room of the Signals Mess. He handed me over to Mr. G.M. Quadri who was introduced to me as a first class Magistrate. The Magistrate gave me a warning and time to think over. After one hour or so I made my confession to the Magistrate. Ho recorded my confession which was read over to me and I signed it. After that, one day Major A.B. Naser came to me and asked me whether I was prepared to be an approver. I agreed on 23rd May 1968 I was brcught to the A.D.C. in the Signals Mess and he tendered me pardon on the condition that I would tell the truth.
(The learned Counsel handed over a map to the witness and asked whether he identified it). The witness says, I received this map from Lt. Moazzem Hossain at Karachi when I left for Dacca. (The Map is marked Ext. P.W. 3/63). ……
Record of Proceedings, Agartala Conspiracy Case – 149
SPECIAL TRIBUNAL
Record of Proceedings
7.8.1968
Present: Mr. Justice S. A. Rahman, H. Pk., Chairman.
Mr. Justice M. R. Khan, S.Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member.
For the Prosecution: As before.
For the Defence: As before.
Accused present as before.
The witness on oath as before.
Cross -Examination by Mr. Thomas Williams
Q.C. on behalf of accused Sheikh Mujibur Rahman:
I am married. I have no children. When I left the Airforce and joined the Statistical Office, I was living in Jahangir Road, Karachi. I lived there till 2nd February, 1966. After that, I went over to Dacca on transfer and lived in Dacca Hotel till 4h February, 66. After that I went to Chittagong where I stayed till 8th February, I then returned to Dacca and began living at Arzoo Hotel. I stayed there, I think, till the end of February or the beginning of March, 1966. From there I moved to a rented house at 107, D.N. Sen Road, Dacca. That house belongs to Mr. Harun-ur-Rashid, Assistant Sessions Judge. I came to know that it was available for rent through Std. Mujibur Rahman. I did not know the owner of the house before that. Std. Mujibur Rahman and B.T., Z.H. Chowdhury made
arrangement for the house. I had no hand in this arrangement. It was in the last week of April or the first week of May, 1966 that I gave up my connection with the Organization. It is wrong that I was not threatened by Lt. Moazzem Hossain when I left the Organization. In fact, no harm was done to me in execution of the threat issued to me by Lt. Moazzem Hossain. (The learned Counsel asked the witness with reference to Ext. P.W. 3/59 as to what was the object of his going to Karachi). The witness says, “I cannot say”. It was in the first week of December, 1967 that my Officer-in-charge told me that I was wanted by my Director General in Karachi for discussion. The discussion was about the training of the Field staff. I stayed at Karachi from the 6″ December, till the 30″ morning. I did not go to Rawalpindi. I never went to Rawalpindi during this time. I had gone from Karachi to Rawalpindi on my way to Kohat in 1953.
I was arrested at the Dacca Airport on the 13th December, when I came back from Karachi. I had no suspicion that I would be arrested on arrival in Dacca. I was served a notice under D.P.R. by two men who arrested me. I asked them what this was about but they told me that they did not know. These two persons were in civil dress. I was taken to the Central Jail, Dacca. It was on the 14th of December, again said on the 13th December that after my name had been entered in the Jail I was taken to the Interrogation Centre in Rajarbag and it was there I gave the chit Ext. P.W. 3/57 to the Police on the following morning. During the night I was being questioned. The questions lasted 2 to 3 hours. (The witness was asked whether this was the time when he decided to betray his friends). The witness says, “There was no question of betrayal of any one. (The witness was asked whether he had made up his mind during questioning to make a full confession). The question is over-ruled as it would indirectly suggest what he stated to the Police and that would not be admissible in evidence). When I gave the chit to the Police Officer, it was in the morning of the 14 December when I was not being questioned. The persons who questioned me were D.S.P. Mannaf and one or two others. Lt. Sharif was not one of them, nor was Major Hasan. I had given the chit to D.S.P. Mannaf. The chit talks of two diaries but does not mention any letters. At that time I did not remember that the bag
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also contained letters. I had kept those letters with me from before May, 1966. I had kept those letters with me as I had an idea that I might write my biography, some time. I had not kept all materials that might be important for my biography, but I kept those letters. The importance of those letters was that they would give a picture of my activities. I did know that if the letters got into the Police hands, those might be dangerous. It is not correct that I am lying when I said that I had forgotten about the letters. I knew that the diaries would be dangerous. I cannot say why I kept the diaries knowing that they were dangerous. I did not keep them for the sake of my biography.
I did not want to go with the Police to collect the diaries when I gave the chit to them. I do not remember what else was contained in the bag besides the diaries. I cannot remember whether there were any other things in the bag or not. I had kept the papers of the records of my service in the bag for the sake of my biography. The Police never informed me of what they had found in my bag. I had kept those things in a bag in my office because I thought this was safe. This was safer than my house. The house was’ safe enough to keep ammunitions in, if I was there. (The witness was asked whether he could have left the house if the ammunition was in his house. The witness says, the question does not arise). It is certainly not correct that the whole of my evidence with regard to these letters is a pack of lies.
I had asked for leave from my officer in Karachi for ten days from the 30th August to the 8th of September, 1965. I cannot remember what reason I had given for the leave. (The witness was handed over a copy of an application supposed to have been put in by the witness). The witness says, “I cannot say anything unless I see my original application.” The witness was told that the document he had been handed over was an exact copy of his original application for leave.
He still insists on saying, “I will not answer the question unless I am shown the original application”. I cannot say if the reason I gave was that I wanted to attend to an urgent, unavoidable personal problem and that unless I did so, I would suffer a loss of property. I cannot remember this fact and I cannot answer unless I see my original application. I had no
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problem with a domestic kind which could have involved loss of property during the last five years. I had been told by Lt. Moazzem Hossain to accompany him to Dacca for the party meeting on the 28″ and I had taken the leave for that purpose. It is correct that while I was in Dacca on leave, the war with India broke out. I could not therefore, return to Karachi at the end of my leave because all flights were cancelled. I sent a telegram to my officer at Karachi saying, “PIA flights cancelled. Unable to resume duty”. I had said in the telegram “Advice solicited”. I see that the address below, in the official copy of the telegram handed over to me, is given as; “107, D.N. Sen Road, Faridabad, Dacca-4”. I cannot say if the telegram was sent on the 10th of September. What is written here is 10.36. On the top, there is an endorsement here on the telegram saying that it reached Karachi on the 11th of September, 1965. It was in two general meetings that I was present along with Sk. Mujibur Rahman. One was held on the 29th of August, 1965 and the second on the 12th of March, 1965. I know where Sk. Mujibur Rahman’s house is. The second meeting was held in Mr. Tajuddin’s house which is in Dhammondi Area. I had met Sk. Mujibur Rahman so many times besides the two meetings but I cannot give the number of times. I myself never got any money from Sk. Mujibur Rahman. I was present only once when in my presence Sk. Mujibur Rahman gave money to Steward Majibur Rahman. This was Rs. 4,000/-. (The witness was handed over the document Ext. P.W. 3/3 and was asked to translate the first sentence of this letter). The witness says, this sentence means, “I got press which was for underground work”. This letter is written on the back of a pamphlet. I cannot say when I got the letter Ext. P.W. 3/2 exactly. I cannot, therefore, say whether I left for Dacca on the same day as the receipt of the letter. I left for Dacca on the 28th of August, 1965. I had received Rs. 1500/- after the receipt of this letter, probably one day after. The money was intended for three tickets but only two tickets were purchased for Dacca-one by me and one by Lt. Moazzem Hossain through PIA staff. I had passed on Rs. 1500/- along with Rs. 500/- that was brought by L.S. Noor Mohammad, to Lt. Moazzem Hossain and it was the latter that paid for my ticket from the
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PIA. I do not know if Lt. Moazzem Hossain had also gone earlier to Dacca on the 28″” August, 1965. It was in between 1 A.M. and 3 A.M. that we arrived in Dacca. It was a night flight. It is wrong that I was subjected to any disciplinary action for leaving Karachi for Dacca on the occasion I went on leave. (The witness was handed over his casual leave account and was asked to say whether there was any entry therein dated 30th August, 1965 for 10 days’ casual leave with the remark that he applied for casual leave to remain at his Karachi residence and left for Dacca without permission). He says,’Yes, there is such an entry’. The casual leave account is now marked as Ext. DB/I. I do not remember even after seeing this entry whether I was punished for leaving Karachi without permission or not. (The telegram dated Dacca 10 and which reached Karachi on 11.9.65 is marked as Ext. DB/2).
At the meeting held on 29th August, 1965 Lt. Moazzem Hossain had given out that he wanted money for the purposes of the movement. Sk. Mujibur Rahman had said that he was prepared to give one lac of rupees in installments of 2000/- to 4000/- at a time. On one occasion Sk. Mujibur Rahman sent Rs. 1500/- Plus Rs. 500/- through Sultanuddin Ahmed. After that, he paid Rs. 700/- to Std. Mujibur Rahman. On another occasion he gave Rs. 4,000/- to Std. Mujibur Rahman and then on another occasion he gave another Rs. 4,000/- to Std. Mujibur Rahman in my presence. This money, Rs. 2,000/- had been sent by Sultanuddin Ahmed for the tickets. I know that this was received by him from Sheikh Mujibur Rahman, because Sultanuddin Ahmed, while he was at Karachi, was present when the financial difficulties were discussed and he was told to go to East Pakistan and convince Sk. Mujibur Rahman that it was necessary for him to provide money for our tickets. It was at the beginning of August, 1965 that Lt. Moazzem Hossain told me that Sultanuddin was being sent to Dacca to arrange the meeting and to organize our movement. (The witness’s attention was drawn to what he had stated in this Court in answer to a question of Mr. Manzur Qadir, in the words “before I left for Dacca I had gone to Lt. Moazzem Hossain’s house and he confided to me that he was holding a party meeting in Dacca in the same month”. In this sentence I have not mentioned the date
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when I went to the house of Lt. Moazzem Hossain and it is not different from what I stated today.
It is absolutely incorrect to say that I never met Sheikh Mujibur Rahman on the 29th August, 1965. It is incorrect that I never saw Sheikh Mujibur Rahman pay over any money to anybody. I never saw any arms and ammunitions during my association with the organization. I left for Karachi from Dacca on the second day of the opening of the P.I.A. flights, after the war was over. It is not correct that nothing was done during the war with India. Sheikh Mujibur Rahman paid money for the movement on the 1st September and again on the och September, 1965. Nothing else was done besides the payment of this money during those days of the war. None of us helped India to win the war.
I never had anything to do with wirelesses during my service with the Air Force. I had no idea what type of transistorised transmitters was to be brought from London. This was all I knew from the meeting which I had related. I never saw transistorised transmitters myself. The suggestion made was that these transistorized transmitters were to be brought to Pakistan through a P.I.A. steward whom Lt. Moazzem Hossain knew. I do not know if a transistorised transmitter is half the size of the table lying in front of the Judges in this Court. The transistorised transmitters were to be purchased in the manner as given in the letter of Mr. A.F. Rahman through his younger brother from London. That letter is with Lt. Moazzem Hossain. Mr. Ahmed Fazlur Rahman wrote in his letter in my presence that his brother should go with the steward of the P.I.A. to some shop and purchase the transistorised transmitters. Nothing was said about the getting of licence for the purchase of the transmitter. I do not know if one can buy a transmitter in London without a licence. I never saw any of these transmitters arriving here. As far as I knew, no such transmitter was brought. I had been asked to contact the American Embassy. Whatever might have been said by the Americans I may not have followed all of it. I had no ideas as to how I should contact the American Embassy. In June or July, 1965 Lt. Moazzem Hossain and once take me to Mr. Noble, Assistant Naval Attache of the American Embassy at Karachi at his residence. I had also no idea as to how I
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should contact the Chinese Embassy. The answer is the same with regard to the Indian Embassy.
It is quite wrong to suggest that a little man like me would not have been asked to contact these embassies. He says, “you ask the persons who deputed me for this purpose”. (The witness was asked what qualifications he had which might lead others to entrust him with this task). He says, “Actually these embassies had been contacted by Sheikh Mujibur Rahman and Ahmed Fazlur Rahman and they would give me the necessary information. I had never tried to contact any of these embassies. I had been told by Lt. Moazzem Hossain that a person will contact these embassies and they will inform me. No information was ever conveyed to me. No one from these embassies ever contacted me personally. It was not correct that this was the first time, I was mentioning the part to be played by some of the accused in contacting the embassies and that the information was to be conveyed to me. It is not correct that it only took 2/3 hours questioning, to persuade me to make accusations against the other accused. I was being questioned even after that, from time to time. It is not correct to say that I am that type of man who could say anything against anybody to save my own skin.
To Mr. Abdus Salam Khan.
I am having dysentery for the last three days. I am not worried. I am getting one-third of my normal salary. From December, 67 to July, 68 I was paid last month, Rs. 1,028/- and some paisas. (The witness at first said, ‘I cannot say how much one-third of my pay would come to’.) The money was paid to me in cash by the duty officer who brought it from Major Naser, as he told me. Earlier than this payment, nothing was paid to me during this period. I was allowed to make purchases through the duty officer. I am wearing a Hawaian shirt. This is new which I purchased after I got this payment. I cannot give the date on which I purchased it. I purchased it through a Lt. of the army who was the duty officer at that time. I cannot give his name. This is a teteron shirt. I do not know from where this was purchased. I was told that it cost Rs. 22.50. I do not take liquor. I took two tablets this morning for dysentery.
Record of Proceedings, Agartala Conspiracy Case • 169
I do not know the name of the tablets. I have not heard the name of vinumglacia. I do not know of this Medicine at all and whether it is a tonic. By “approver” I understand an accused person who has made a confession to the Magistrate on condition of telling the truth. I know that if I do not stick to the statement I made to the magistrate while giving evidence in this Court I will have to forfeit my pardon and to go to Jail.
The training which was discussed at Karachi after I was called there was about the training of persons who had to collect data from villages. I was called to Karachi for my training in this respect. This training lasted for only 5 days. It was not a course. There is no paper in my Dacca Office showing that I was sent to Karachi for receiving this training. It is right that my superior Officer in Dacca also did not know at that time that I was called to Karachi for this training. I do not know if there is any record in my Karachi Office to show that I was given this training. There was no person who instructed me during this training. I was only given some books to read by the Chief Administrative Officer, Mr. M.I. Haque. I do not know to which place he belongs. He belongs to West Pakistan. I came away to Dacca after the five days training was over. (The witness adds that he did so on the 13″ of December, 1967). I had actually gone to Karachi on the 5th of December, 1967 for this training. I was a Statistical Investigator in the Office. My job was to receive data from Field Coordinators and Assistant Field Co-ordinators and enumerators who collected them from the villages and to compare the data and after being satisfied that it was correct, to pass it on to Karachi for compilation. I did not go to villages to verify the figures. My basic pay initially was Rs. 335/- per month. If I had remained in Karachi I would have got, besides this basic pay, expatriation allowance, house rent allowance, City allowance, conveyance allowance etc. I was getting in all Rs. 425/including allowances at Karachi. It may be that I was asked by a telegram dated the 16th of November, 1967 from Karachi, to report there. It may be that the telegram asked that I should be sent to Karachi immediately. I did receive a separate Office order also directing me to proceed to Karachi immediately. I think it was on the 17th of November that I applied for leave in Dacca for my own marriage and I went to
170 – Record of Proceedings, Agartala Conspiracy Case
Madaripur for this purpose. I forget now whether I took leave for 10 days or 5 days. I do not remember on which date I rejoined the office after the expiry of my leave. This marriage leave is not mentioned in my Casual Leave account Ext. DB/1. I had taken this leave for my marriage on medical ground. (The witness says the leave account given to him Ext. DB/1 is from Karachi and not from Dacca. The witness was asked to look at Ext. P.W. 3/59). The witness says it is not mentioned in this document that I took leave on medical ground or for marriage because it could not be so mentioned in this document. The thing that is mentioned in this document is that I wanted to advance T.A. for going to Karachi. If I had applied for leave for my own marriage for a few days I would not have been refused leave. I did get married at that time. That was my first marriage. My father-in-law’s name was Mr. Abdul Majid Bayati. It was not a false ground that I gave for my leave in my leave application. I was also unwell in those days. Mir Ashrafuddin Ahmed, Survey Officer was my immediate Superior Officer in Dacca. I do not remember the date of my marriage. (The witness was asked by the Court to say why he had forgotten the exact date of his marriage. The witness said, “I have just forgotten”).
I read the newspapers. Before my arrest, I did not know whether any other workers of our movement had been arrested or not. I read the Pakistan Observer. I do not read any Bengali newspaper. It was not within my knowledge that it had been published in the Pakistan Observer and other papers, before my arrest, that some persons had been arrested under the Defence of Pakistan Rules, in respect of this conspiracy and that a petition on their behalf had been moved in the East Pakistan High Court. While in West Pakistan I read no newspaper. I did not listen into Radio broadcasts either while I was in Karachi. No one gave me the news that some people had been arrested and a petition had been moved in the East Pakistan High Court about it. I was staying in Karachi in the quarter of Mr. Wajed Ali, an East Pakistani Officer in my office. During the training days at Karachi, I went to the office and sat down in the library to read books that were issued to me during the days of the training. During this time I received no private letter from East Pakistan.
Record of Proceedings, Agartala Conspiracy Case 171
My wife was in Dacca during my stay in Karachi during the training period and she was staying at 71, Nazninbag, Santinagar, Dacca. That house was about 5 to 10 minutes’ distance from the Special Branch Office. One Abdul Hakim, my co-villager and a servant were also at the house at that time. I had told my father-in-law 2 or 3 days after my marriage that I was going to Karachi for official work. I did not ask him to detail any person to live at the house with my wife during my absence. It is not correct that I was at Karachi from the 3rd week of November, 1967 till the 13th December. No Police Officer contacted me during that period at Karachi. Perhaps I had written to my wife to tell her that my stay at Karachi would be prolonged. I did not give her the date of my return to Dacca. It was after 3/4 days of my arrival at Karachi that I had written to my wife. I went by PIA from Dacca to Karachi. Karachi office had sent the PIA ticket to my Dacca office, and they passed it on to me. This ticket was given to me two days before I left Dacca. It was the 2nd or the 3rd of December that I was given the ticket. My name and date of departure were entered in the PIA manifest. I was arrested by two persons in plain clothes and one S.I. in uniform, when I arrived in Dacca. I was inside the luggage room and when I was going to collect my luggage there, I was arrested. I had collected my luggage. There were two packages. One was a fruit-bag and the other was an attache-case. I took these two packages with me to the Central Jail in Dacca. When I was arrested in the Luggage Room I was not searched. No seizure list of these two packages was made by the Police. From Dacca Central Jail, after entering my name in the Jail Register, I was taken to Rajarbag Police Centre along with two packages in a jeep. The jail people asked me about what I had with me at the time I was being taken there. Then I mentioned these two Packages. But these two packages were not entered in the Jail Register. I had only deposited Rs. 30/- and one gold ring and some envelopes in the Jail Register. No one looked into the two packages at the jail nor did they do so at the Air Port. I do not know if any of the jail authorities told the Police Officers that these two packages belonged to the detainee and should be at the jail. I did not put down my signature in the Register of the jail gate. I do not know if any one else did so. I was
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taken inside the office in the jail gate and there from was taken to the interrogation Centre without entering the jail premises, beyond the gate. The D.S.P. eventually handed over my fruit package to my wife. I had also taken out some clothes from my attache-case and handed them over to the D.S.P. to be taken to my wife. Then I had been taken to Rajarbag Police Centre with the two packages that I had. No seizure list was made even then. My wife did not come to Rajarbag. Long before I had made the confession to the Magistrate, I had stated what I know to the Police. On the very first day, on interrogation I had told them what I knew. It is not correct that before the interrogation at the Rajarbag Police Centre, I wanted to oblige the investigation staff with the story that I have given in Court.
Record of Proceedings, Agartala Conspiracy Case . 173
SPECIAL TRIBUNAL
Record of Proceedings
PRESENT
8.8.1968.
Mr. Justice S. A. Rahman, H. Pk.,
Chairman.
Mr. Justice M. R. Khan, S. Pk.,
Member
Mr. Justice Maksum-ul-Hakim,
Member
For the prosecution: As before
For the defence: As before
Accused present: As before
Witness on oath: As before.
Mr. Md. Fazlul Karim mentioned that he had applied for certain documents to be called by an application and he had been informed that the Tribunal had not accepted his request. He tried to argue that the question as to whether there in fact, existed disparity in certain matters between East Pakistan and West Pakistan was relevant to the facts of the case. He was told that no such issue arose for the decision of the case and the documents he had called for were irrelevant.
CROSS-EXAMINATION OF PW 3, AMIR HOSSAIN MIA,
CONTINUES: TO MR. ABDUS SALAM KHAN:
It is not correct that I was in collusion with the investigation staff in this case even before my arrest and that in order to help them I supplied the key of my bag in order that they may get hold of the diaries etc. The key, I gave to the investigating officer, was with me at the time of my arrest. When I was searched at the interrogation centre they did not take the key from me. I did not mention in the chit which I gave to the investigating officer that the key was also being sent. I do not know if any seizure-list was made when I handed over the key to the investigating officer. I had two keys for this bag of mine. I retained one key with me and handed over the other to the investigating officer. I do not know if the bag could have been opened without supplying the key. I was not asked by the police to go and discover the bag or the articles. The diaries were recovered from my bag in pursuance of the statement which I made to the investigating officer. In the store-room in which I kept my bag, a lot of official forms were there. The store-room is in the main building of the office. There must be 12/13 persons working in that office. The store-room is kept under lock and key. Normally the key of the store-room is kept with the survey officer, Mir Ashrafuddin Ahmed. I had kept the bag in that store-room for secrecy and safe-custody. Sometimes Choukidars, sometimes peons of the office and sometimes I would go to the store-room besides the clerks who were in charge of the section. I told the investigating officer that my bag would be found in the store-room and the choukidar was aware of where it lay. The store-room would be 10×12 approximately. Our office is housed in a doublestoreyed building. The store-room is on the first floor. There are six other rooms on the first floor, besides the store-room, wherein employees of the office were working. I do not know how many rooms are located on the ground floor. (The witness now says that there are three stories in the building and not two). The keys of my bag were with me when I went back to Karachi. I have a bunch of other keys also. They are kept in the
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house with my wife. I do not know if my house was searched by the police. I was not put to any torture of any kind. It is not correct that I did not mention the papers in my bag in the chit given to the police for the reason that I attached no importance to the papers. The fact is that I had forgotten about it. The third diary was also kept in the bag.
I have mentioned only two diaries in the chit instead of three diaries which Lt. Moazzem Hossain had given to me, because I had forgotten about the third diary, at that time. It was needless to mention in the chit that a police officer would be going to recover the diaries in my bag. I did not say in the chit that the bag also should be given to the police officer. I had not torn any leaf out of this diary, marked as Ext. P.W. 3/14, after it was given to me by Lt. Moazzem Hossain. All the pages that I have proved as pertaining to this diary, were in tact as part of the diary, when it was given to me at Karachi by Lt. Moazzem Hossain. The handwriting and the writings on the two leaves marked Exts. P.W. 3/24 and P.W. 3/25, is familiar to me – they are in the hand of Lt. Moazzem Hossain. I cannot say in whose hand entries on Exts. P.W. 3/26 and P.W. 3/27 were made. These four leaves were not shown to me at the time when I was examined by the police. I had, however, mentioned these pages to them.
( Note: No such mention is made of these documents in the two police statements of the witness). I am quite certain that the writing on the two documents P.W. 3/24 and P.W. 3/25 is in the hand of Lt. Moazzem Hossain. (The learned Counsel passed to the witness certain papers with writings on them). He asked him to say whether he could recognise the writing on any of these papers). The witness says, ‘I am not sure in whose handwriting they are. (These documents are marked Exts. D.B./3, D. B./4, D.B./5, D.B./6, D.B./7, D.B./8 and D.B./.9.)
The writings in the diary, Ext. P.W.3/14, were already in it before the diary was handed over to me by Lt. Moazzem Hossain. The writing was not made in my presence. I see the list of information in the diary, Ext. P.W. 3/23. I made no attempt personally to collect the information listed there. I instructed Ex-Corporal Samad to collect this information. I cannot say how much time it would have taken to collect this
Record of Proceedings, Agartala Conspiracy Case 177
information. No information about any of these items came to me from Samad.
I did enquire from Lt. Moazzem Hossain, Sultanuddin Ahmed and Steward Mujibur Rahman, as to who the other members of the organisation were, besides those I have mentioned. I got no names of others of the movement from them besides those I have already mentioned in my statement in Court. K.G. Ahmed was not a member of our organisation. He was only trying for transfer of Lt. Moazzem Hossain. He promised, but he could do nothing. At least to my knowledge I cannot say that K.G. Ahmed had any knowledge of our movement. Only in one meeting in ILACO house at Karachi, Mr. K.G. Ahmed had come there when we were discussing the transfer of Lt. Moazzem Hossain and at that moment, Mr. K.G. Ahmed arrived there. It was then that Mr. Ahmed Fazlur Rahman told Mr. K.G. Ahmed to arrange for the transfer of Lt. Moazzem Hossain as he was friendly with the then C-in-C, Navy. No other matter about the movement was talked to Mr. K.G. Ahmed. I did tell the Magistrate as is recorded in my statement before him that in November, 1965 at Karachi, I came in contact with two other important members of our organisation, these were Mr. K.G. Ahmed of National Shipping Corporation and. Mr. Ahmed Fazlur Rahman, C.S.P. (The witness volunteered at this stage)- I had thought that Mr. K.G. Ahmed was an important member of the organisation because he had been asked by. Mr. Ahmed Fazlur Rahman to arrange the transfer of Lt. Moazzem Hossain. I did tell the Magistrate as is recorded that he, that is K.G. Ahmed also promised to arrange for the funds for the party work in Dacca. This was correct. I came to know from the papers that K.G. Ahmed is a witness in this case. Mr. K.G. Ahmed had only attended one meeting of the party at ILACO house and no other meeting. It is not correct that I am varying my statement in respect of Mr. K.G. Ahmed in this Court, as compared with my statement to the Magistrate, in order that he may appear as a witness in the case and not as an accused.
In the diary Ext. P.W. 3/14 on the last page, item No.3 is the address, “Mr. Obaidur Rahman, 191, Elephant Road, Dacca”. This is in
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think it was in January, 1966 that this decision was taken, in Karachi. I had gone to Karachi at the end of September, 1965 from Dacca. These code names were only meant for important figures of the organisation, even after this decision in January, 1966 about the code names, in letters code names were used for the important figures and sometimes their own names. When Lt. Moazzem Hossain gave me the diary he and I settled between ourselves that we will, in correspondence between us, use our code names. Lt. Moazzem Hossain was an important member of our organisation. In fact, he was a leader of the organisation
It means therefore that the decision about the code-names being used in correspondence was not strictly followed. I do not know if any of the persons whose code-names were settled were informed of those codenames or not. Besides Lt. Moazzem Hossain, no other member of the organization wrote to me under the code-names. The purpose of adopting the code-names was that for the purpose of secrecy, the code-name should be used instead of real names. I would have understood that the letter was from Sultanuddin Ahmed if he instead of writing “Sultan” at the end of the letter, would have written “S”. Similarly, if Lt. Moazzem Hossain had written only ‘Alo’ instead of his own name, I would have understood his real name. I came to know a good few Rahmans in connection with our movement. (The witness named five Rahmans, namely, Sk. Mujibur Rahman, Std. Mujibur Rahman, Mr. Ahmed Fazlur Rahman, EPRTC Clerk Mujibur Rahman and the other Rahman, the rating). I do not know the full name of this Rahman who is a rating. Obaidur Rahman who is mentioned on the last page of the diary is an insurance agent who wanted to insure me. On the page marked Ext. PW 3/18 in the diary, one entry reads- “Rahman-Tushar”, and as against the code-name “Parash”, the word “Sheikh” only is written. I discussed with Lt. Moazzem Hossain the code-names, but these code-names were not written in my diary in my presence. Lt. Moazzem Hossain has written these names in another big note-book from which he copied out the entries in the diaries but not in my presence.
After making the recoveries from my office store-room, the police did not come back and tell me what they had re-covered, nor did I
180 • Record of Proceedings, Agartala Conspiracy Case
enquire from the Police Officer whether the required things had been recovered from my bag or not. It is wrong that the bag had been kept in the office deliberately for the purpose of this case. After I am told that I have received a letter dated the 19th March, 1966 I would not be able to say what its contents were, without looking at the same. The same is my answer with regard to the other letters bearing particular dates. It is wrong that I was taken to a Magistrate named Mr. Afsaruddin Ahmed for the purpose of recording my statement. After interrogation at the Rajarbagh Centre I was taken to the Central Jail and not to a Magistrate. I made a statement to a Magistrate in the Dacca Cantonment. I did not have any written-out statement before me while making that statement. It is wrong that I learnt by heart the statement prepared for me to be made before the Magistrate. I did mention the dates of letters and the contents in respect of some letters, to the Magistrate while making my statement. (The witness explained that before he was taken to the Magistrate for his statement, at his request, he was shown the photostat copies of the letters and other documents by the police). Letters or their photostat copies were not before me when I made my statement to the Magistrate. I did read in Court myself the letter dated 19th March, 1966 yesterday and day before yesterday. I have also read all the letters of Lt. Moazzem Hossain to myself in Court today. The photostat copies of the letters were shown to me when my statement was recorded by the Police and I explained all those letters to them. My photograph was taken by the Police. It was taken after I had been taken into Military custody. First I was kept in the Signal Officers Mess and after the Court was constructed here, I was shifted to 14 Div. Mess. My wife saw me once. Then I was in Military custody in 14 Div. When I was taken to the Magistrate for my statement I was in Signals Mess. Lt. Sharif took me to the Magistrate. The Magistrate was sitting inside a room. After I had been asked by the Magistrate whether I was willing to make a confession and I answered in the affirmative, I was given time to think over and I sat in the next room. There was no military guard inside my room. There was only a Sentry guard standing at the gate of the Signals Mess. I did have a watch with me at that time. I did not tell the Magistrate when he gave me time to
Record of Proceedings, Agartala Conspiracy Case. 181
reflect that I was determined to give a confessional statement and it was unnecessary for me to take any time. The Magistrate recorded my confession in his own language. I do not know what statement Lt. Mozammel made in this Court with regard to his confession. It is not correct that I have learnt that Lt. Mozammel Hossain when giving evidence was confronted with this situation and he said that his confession was recorded by the Magistrate in his own language and anticipating the same difficulty, I have also now said that my confession was recorded by the Magistrate in his own language. I have been supplied with newspapers. I am reading the court proceedings in the newspapers.
It was in the year 1962 or 1963 when I first met Steward Mujibur Rahman. He came to visit his relative who was working with me in the air-force. Steward Mujibur Rahman was serving in the Navy. He frequently visited our station. I cannot say where he was living at that time.
It was either in December, 1964 or January, 1965 that Steward Mujibur Rahman brought Sultanuddin Ahmed to my quarter 32/6E, Jahangir Road, East Karachi. I did not know where Sultanuddin Ahmed was living in those days. Till then I had not visited their houses. It is correct that in January, 1965 Steward Mujibur Rahman and Sultanuddin Ahmed came to me and talked to me about this revolutionary movement for the first time. They told me about the existence of this movement in the country and that they were members thereof and persuaded me to join it. They said that the movement was for the purpose of separating East Pakistan by an armed revolution from the centre. I had several friends at Karachi then. I did not talk about this movement to any one of them. I have not talked about this movement personally to anyone besides the persons I have named in this Court as members of the organisation. Karsazł4 is a shore establishment of the navy. There are houses in Karsaz which are occupied by the naval officers. In 1965 Lt. Moazzem was living in K.D. Scheme No.1, Karachi, which is about 10/15 minutes’ walk from Karsaz. The distance may 2/3 furlongs. I did not mention to the Magistrate in my confession that Lt. Moazzem Hossain was living in
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K.D. Scheme No. 1 in 1965. I did however; mention this fact in my police statement (not so recorded). It is not correct that having learnt from the cross-examination of Lt. Mozammel Hossain that Lt. Moazzem Hossain was living in K.D. Scheme No. 1 in January, 1965, I have changed my statement in order to say the same thing here. I had not asked Lt. Moazzem Hossain in spite of my being M.A. in economics, as to what sort of state was intended to be set up separately in East Pakistan. Nothing was said as to what kind of state it would be and what sort of relations it would have with the other countries. I was quite aware that joining the revolutionary movement of this separatist kind would bring us into serious conflict with the Central Government. I was not aware of the proportion of East Pakistanis and West Pakistanis in the various arms of the armed service of Pakistan nor did I question Lt. Moazzem Hossain about it. I have no knowledge of the strength of the military personnel or number of cantonments in East Pakistan. Nor did I question Lt. Moazzem Hossain about it. But he himself told me that he had sufficient military strength in East Pakistan. Even during the war with India, we were heart and soul for this revolutionary movement. I had not come to know what military strength, if any, had been acquired by our revolutionary movement in East Pakistan or West Pakistan during the period from December, 1964 to the breaking out of the war with India in September, ’65. I know that during that war, communications between East Pakistan and the Central Government were cut. It was not possible to send military personnel from West Pakistan to East Pakistan in those days. Steward Mujibur Rahman, Sultanuddin Ahmed and I, were living in the same hotel in Dacca in those days. I had also met Sheikh Mujibur Rahman in those days. We had, however, not discussed among ourselves in those days that was the opportune moment for separating East Pakistan from the Centre. None of us contacted the armed personnel in different cantonments in East Pakistan in those days. I had not been in any cantonment in East Pakistan till that time. My function was not merely to collect money from others for the movement, but also to coordinate with others. Till that time coordination was confined to the members of this organisation whom I have named. I had met Sheikh
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Mujibur Rahman once during the war time. The war broke out on the 6th September, ’65 when on the radio there was Proclamation calling upon the military and ex-military personnel to join immediately bases nearest to them. The nearest base of Sultanuddin Ahmed and Steward Mujibur Rahman was Chittagong. This proclamation applied to me also as an ex-corporal of the air-force. The headquarters of the air-force in East Pakistan is near Tejgaon Airport. I also there, but I cannot remember the exact date. I was, however, told to go back.
During the days of the war, there were speeches and patriotic songs broadcast on the radio and the political leaders also spoke on the radio. It is correct that in those days, Sheikh Mujibur Rahman had issued the public statement supporting fully the war of Pakistan against India. I had no discussion with Lt. Moazzem Hossain about regional autonomy or provincial autonomy. I understand these terms. I did not suggest to Lt. Moazzem Hossain that we should strive for full provincial or regional autonomy. The disparities between East Pakistan and West Pakistan were discussed and he also said something about the constitutional aspects. When Lt. Moazzem told me that an armed revolt was necessary, I agreed with him. I did so because in that case, we would be an independent nation. I agreed to the staging of an armed revolt for this purpose. I did not consider that there were other alternatives to armed revolution when I agreed with him on this point. I did not, however, ask Lt. Moazzem Hossain as to what was the strength of the armed revolution in Karachi at that time. I can personally use 303 rifle and small sten-machinegun. The disparity between East Pakistan and West Pakistan convinced me that East Pakistan should be separated from the Centre. I was, however, not aware of all the disparities. I accepted whatever Lt. Moazzem Hossain told me about the disparities. I was aware of some of the disparities myself. For instance, I was aware of the disparity in the services, in my own Department and other Civil Departments also. What I mean is that we East Pakistanis were lesser in number in my department that the West Pakistanis. I cannot give, however, the total number of employees in my Department. The proportion of East Pakistanis and West Pakistanis in my Department in those days was 45:55. This is not such a serious
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disparity as to call for an armed revolt. I was not aware of any other disparity elsewhere.
Samad, accused was a Wireless Operator in the Air Force. I am not aware when he joined the Air Force. He served with me in Malir Cantt. in the Air Force in 1953 or 1954. It is not correct that he was in Malir Cantt. Only between 1958 and 1961. I had not met him in any other station besides Malir Cantt. I have heard of Badin, a Radar Centre in Sind area. I had not been there during my posting in Karachi. I know that Samad worked in Bedin after he joind up during the war with India. It was during the period between Jnnuary, 1965 and the beginning of August, 1965 that besides our meeting at Lt. Moazzem Hossain’s house, the latter had taken me once to the Naval Attache of the American Embassy. That was an important event for the movement. I did not, however, mention this incident to the Magistrate in my confession. I was examined by the police on the 19th of January, 1968. On that date, I did not mention this fact to the police either. I was again examined by the police on the 8th of May, 1968. I don’t remember if the case in this Court started on the 16th of June, 1968.
Record of Proceedings, Agartala Conspiracy Case • 185
SPECIAL TRIBUNAL
Record of Proceedings
PRESENT
9.8.1968.
Mr. Justice S. A. Rahman, N. Pk.,
Chairman.
Mr. Justice M. R. Khan, S. Pk.,
Member.
Mr. Justice Maksum-ul-Hakim,
Member.
For the Prosecution: As before
For the Defence: As before
Accused present: As before
Witness on oath: As before
CROSS-EXAMINATION OF PW 3, AMIR HOSSAIN MIA,
CONTINUES:
TO
MR. ABDUS SALAM KHAN:
I do not remember if I stated before the Magistrate in my confession, “I however, had retained with me some letters and diary which I later gave to the Police authority, to wit, Deputy S.P., Mr. Mannaf, S.B., Dacca”. (so recorded).
I had entered service in the Health Department after Matriculation as a temporary Health Assistant. It is incorrect that I was dismissed from that post for bungling and misappropriation of medical stores. It is incorrect that I appeared as an approver in a case when I was in the P.A.F. in a disciplinary matter against another employee.
I cannot remember exactly on what date in August 1965, Lt. Moazzem Hossain gave me the information that there would be a party meeting in Dacca. Probably he gave this information in the first or second week of August, 1965. He told me at a different time about the fact that Std. Mujibur Rahman and Sultanuddin Ahmed had already gone to East Pakistan. I did state as has been read out to me from my confession to the Magistrate as follows: – “Lt. Moazzem Hossain during one of my visits to him confided to me that he was holding a party meeting in Dacca in the same month. Lt. Moazzem Hossain informed me that Std. Mujibur Rahman and L.S. Sultanuddin had already left for Dacca in that connection”. When Lt. Moazzem Hossain told me about the proposed meeting in Dacca I agreed to attend it. I believe, I applied for leave on the 28h of August, 1965. It is wrong to say that if the meeting had been held earlier, I could not have attended it. L.S. Sultanuddin was trying for an earlier meeting before that. I never made any earlier application for leave than the 28th of August. I did intend to go earlier to Dacca but I made no application for leave because the meeting was not arranged. I think the earlier meeting was proposed for the 14th/15th. Till the 14th/15th I had not made any application for leave. The meeting was not actually held for those days and, therefore, no question of applying for leave did arise. The meeting was not actually fixed for the 14″/15’h. It was just proposed for those days. I did not say to the Police in my supplementary statement that “this letter has got a reference to the previous letter of Sultanuddin written to Lt. Moazzem Hossain about a meeting which was due to be held in Dacca” on the 14″/15th of August, 1966 in the residence of Sheikh Mujibur Rahman. (so recorded).
(The witness was handed over the letter marked Ext. P.W. 3/2 and was asked to say on which date he received it). The witness says, “I received it probably between 18h and 20th August, 1965”. There is a sentence in this letter saying- “However you people could not come on the 14th and 15th last, because I could not bring the money”. 14th and 15th are referred to as dates of the meeting in Dacca. Lt. Moazzem Hossain had noted code – words like ‘MA’ for East Pakistan in an old 1964 – diary which was with him. He gave this information only to me and not to others. It was not circulated to others, as far as I know.
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At a page in the diary marked Ext. P.W. 3/14, I have been shown a page which is now marked Ext. D.B./10, wherein entry No. 4 reads ‘mother’. This refers to the mother of Lt. Moazzem Hossain. These entries are in the handwriting of Lt. Moazzem Hossain.
(The witness was handed over the documents marked Exts. P.W. 3/7 and P.W. 3/8 and was asked to say whether the letter Ext. P.W. 3/7 with envelope Ext. P.W. 3/8 was received by him). The witness says, “I do not remember now”. It is correct that the letter marked Ext. P.W. 3/7 and the letter marked Ext. P.W. 376 came in the same envelope. I had not received these two letters in the envelope Ext. P.W. 3/8, but I had kept these two letters for myself in this envelope. The envelope with these letters has not been produced. That was torn out. I did say in this Court in the examination-in-chief that both these letters were in one envelope marked Ext. P.W. 3/8. But I did not mean to say that they came in this envelope. I cannot now remember in what order or form these two letters were enclosed in one envelope when I received them. It is not correct that I have been tutored to vary my earlier statement in the examinationin chief today in this respect.
A.B. Khurshed, accused, belonged to the Navy. Once Std. Mujibur Rahman had introduced me to him. I cannot remember in which order that was. On that occasion, we just talked as friends and not about the movement.
He is not related to me. He never served with me in the same station. I do not know his father’s name. He belongs to Faridpur district. I have no other letter besides those proved in this case in the hand of A.B. Khurshed addressed to me. It was before the departure of Sultanuddin Ahmed from Karachi that I came to know that a meeting would be held at the house of Sheikh Mujibur Rahman. This was decided in our meeting
(The witness was handed over a letter P.W. 3/2 and was asked to translate a particular sentence in English). He says, “It means, ‘I have arranged place” which means place of the meeting. The dates of the meeting in this letter are given as the 28th and 29th. (The English translation of this letter is now marked Ext. P.W. 3/2A). Nur Mohammad, accused was an older member of the organisation than I was. Nur Mohammad was in active service. He was living in P.N.S.
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Himlaya in Karachi in August, 65. Lt. Moazzem Hossain was living in August, 65 in P.N.S. ‘Karsaz”. If Nur Mohammad had to go to Lt. Moazzem Hossain’s house, he would have to go to Sadar first. Sadar is to the western side of Karsaz. Jahangir road on which I live is on the northwest side of Karsaz. P.N.S. Himalaya is to the western side of Karsaz. The insurance cover in which Rs. 1,500/- came to me as mentioned in this letter Ext. P.W. 3/2, was not kept by me. I gave acknowledgement for it to the postal authorities. I did say to the Magistrate that Sultanuddin Ahmed wrote to me from Dacca that he had sent an insurance letter, and T.M.O. Rs. 1,500/- and 500/- to Lt. Moazzem Hossain and L.S. Nur Mohammad. I did not say to the police that “in one of the letters he had mentioned that he had sent Rs. 1,500/- to Lt. Moazzem Hossain” so recorded.
I know Sultanuddin Ahmed, accused, who is a bachelor. I cannot say for how many days he took leave in August, 65. Nor can I say when his leave commenced in that month. I do not know if he had taken one month’s leave for his marriage. It may be that his marriage was going to be settled on his going to Dacca. It is incorrect that the sum of Rs.500/
mentioned as having been sent to Nur Mohammad in the letter Ext. P.W. 3/2, represented a loan made by Nur Mohammad to Sultanuddin Ahmed for his proposed marriage expenses. There was no occasion for the marriage not coming off, because of the money not being sent. It is not correct that this ‘N.B.’ in the letter Ext. P.W. 3/2 has been put in, merely because I knew that Sultanuddin Ahmed had sent back Rs. 500/to Nur Mohammad. I have not seen the telegram which I sent on behalf of Lt. Moazzem Hossain to Dacca, intimating our intention to attend the meeting on the 28th August, in Court, nor its copy. As far as I remember I did tell the Magistrate about my having sent a telegram on behalf of Lt. Moazzem Hossain to Dacca intimating our intention to attend the meeting (not so recorded). I do not remember if I mentioned this telegram to the police in my statement dated 19th of January, 1968 (not so recorded). I do not remember if I mentioned to the Magistrate that before leaving on the 18th August, 1965 for meeting in Dacca, Steward Mujibur Rahman came and told me that he was going to Dacca. (not so recorded).
I had mentioned this to the police (Not so recorded). When the ticket was purchased for me from the PIA for going to Dacca, I did not enter my name on the PIA counter. This was done by the PIA official. I gave
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my own name as Md. Amir Hossain for the purchase of the ticket. At the time that Rs. 2,000/- had been passed on to Lt. Moazzem Hossain, for the purchase of the tickets, no other money for the movement was taken by me or by Lt. Moazzem Hossain, to my knowledge. I took leave for 10 days on that occasion. I did not intend to go home at that time. My entire expenses during my stay in Dacca were to be borne by the party funds. I had, however, Rs. 150/- of my own with me when I went to Dacca. My leave was to commence on the 30th of August and to end on the 8th of September. Besides my servant, Mr. Abdul Hamid, my Officer-inCharge in the Statistical Office, knew of my departure on the 28th of August for Dacca. I did not inform any other colleagues in my office of my going away to Dacca. I had not met any friend or relative during my stay in Dacca on that occasion. In fact, I had no such persons to meet, in the world. I do know Mr. Amir Mollah of village Naoduba, P.S. Janzira, district Faridpur. I also know his son, Hamid Mollah. Mr. Amir Mollah is my father’s cousin. I cannot say if he was a first cousin of my father or remoter cousin. I know Mr. Yasin Akand, Ex-President Union Board. Hamid Mollah was the son-in-law of Mr. Yasin Akand. My father and Amir Mollah had settled between themselves my marriage with the daughter of Amir Mollah when I was reading in class VI. The marriage was not actually solemnised. It is not correct that the marriage took place and I later divorced the girl. I had some acquaintances in Dacca however.
I had met one, Dr. Abdur Rahman, in those days in Dacca. He is my co-villager. On that occasion, I had not entered my name in the Dacca Hotel Register where I stayed in August, 1965. I had stayed about 26 days in that Hotel in Dacca on that occasion. During all these days I made no entry myself in the Hotel Register. I do not remember if any hotel bill was prepared in my name on those days. I did pay some bill in the hotel; however, I cannot remember the amount. I don’t think that the bill was in my name. I do not remember how much we three, viz., Steward Mujibur Rahman, Sultanuddin Ahmed and I, paid to the Dacca Hotel, for that stay. The payments were made at the end of the week; also the final payment was made when I left the Hotel. It is correct that after 9th September, 1965, neither Steward Mujibur Rahman nor Sultanuddin lived, with me in the Hotel.
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There was a joint bill in respect of all three of us. The final bill submitted by the Hotel, when I was alone there, may be in my name or in the name of Kamaluddin Ahmed. Kamaluddin Ahmed is the sister’s husband of Sultanudin Ahmed.
When I had stayed in the Arzoo Hotel in Dacca I had entered a fictitious name for myself in the Hotel Register in Arzoo Hotel, namely, Abdur Rahim. I was in those days attending the C.S. Office in Dacca. I had not given a fictitious name while attending the office.
I had seen other boarders as well as the Manager and officers of the Hotel while I was living in Dacca Hotel in August to September, 1965. They knew my real name. I had not suppressed my real name to them. The Manager of the Hotel also knew my name. Some of my original teeth are missing. I had got removed three teeth in 1965 and three teeth in 1966 January. It is wrong that they were removed in 1967. When we arrived in Dacca between 1 A.M. and 3 A.M. in August, 1965, a jeep was waiting for us. That was the first time I saw the jeep. I saw this jeep several times thereafter. I do not recall the exact number of the jeep. It is probably Dacca, either 3991 or 9139. K. G. Ahmed uses a taxi. I cannot remember its number. I cannot give the number of any other car or jeep. I do not know if Lt. Moazzem Hossain had ever any car. After Lt. Moazzem had been transferred to Chittagong, I had never seen him going about in his own car in East Pakistan. But I had seen him going about in other people’s cars, I cannot give the numbers of those cars. On the 29th August, 1965, when I went to ‘Alya’ in Dhanmondi, we found Lt. Moazzem actually waiting for us at a distance of 200/300 yards from Aleya. That was by arrangement. We had fixed the time as “early morning” for this meeting. (The witness was asked by the Court whether any actual time was fixed). He says, “I do not remember”. It is wrong that I did not stay in the Dacca Hotel at all in August, 1965. It is not correct I did not come with Lt. Moazzem Hossain to Dacca on that occasion. I do not know if actually fighting was going on in Kashmir between the Azad Kashmir forces and Indian forces even before the war was formally declared to have taken place between Pakistan and India on 6th September, 1965. Nor did I know if Mujahids were fighting in Kashmir. I do not know if emergency for the war services continued up to 2nd of February, 1966. In war conditions, officers and men of the
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armed services would have to be on duty 24 hours. It is right that they could not have left their stations in those days without the permission of their superior officers. After the war broke out with India, Lt. Moazzem Hossain was acting as Liason Officer for the Naval headquarters at Karachi. The Naval headquarters are at Karachi but I do not know their exact location. I do not remember the room number in which I stayed in Dacca Hotel in August, 1965, but if I am led there I can point out the room. It is not correct that Steward Mujibur Rahman and Sultanuddin Ahmed did not stay in the Dacca Hotel on that occasion. Before we took Lt. Moazzem Hossain in the jeep on the 29th August, no time had yet been fixed for the meeting at the house of Sheikh Mujibur Rahman. Sheikh Mujibur Rahman’s house is in Dhanmandi and so is the building ‘Alya’. The distance between the Dacca Hotel and Alya in Dhanmandi would be about 2/3 miles. The distance between ‘Alya’ and Sheikh Mujibur Rahman’s house may about 1 mile if one goes by the main Mirpur road. I cannot say what would be the distance from Alya to Sheikh Mujibur Rahman’s house, by the shortest route. I do not know, when Steward Mujibur Rahman was sent to Sheikh Muibur Rahman’s House to find out the tire of the meeting, whether earlier than that, Lt. Moazzem hossain had any talk with Sheikh Mujibur Rahman. There are telephones in the houses of Dr. Khaleque and Sheikh Mujibur Rahman. Steward Mujibur Rahman had to go back to Dacca Hotel to give us the information about the time of the meeting. There is a telephone at the Dacca Hotel also. I did not take lunch with Sheikh Mujibur Rahman that day. I could not anticipate when we sent Steward Mujibur Rahman to Sheikh Mujibur Rahman’s house to find out time for the meeting as to what time would be fixed. It was about 8 A.M. when we had sent Steward Mujibur Rahman to Sheikh Mujibur Rahman.
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SPECIAL TRIBUNAL
Record of Proceedings
12/8/68
Present: Mr. Justice S. A. Rahman, H. Pk.,
Chairman.
Mr. Justice M.R. Khan, S. Pk.,
Member.
Mr. Justice Maksum-ul-Hakim,
Member.
For the Prosecution: As before
For the Defence:
As before The witness on oath: As before.
To Mr. Abdus Salam Khan.
I had not been to the house of Sheikh Mujibur Rahman before the 29th August, 1965. After this date, I had been to the house of Sheikh Mujibur Rahman three times. Both during day time and night time. I was not taken, after my arrest, anywhere near the house of Sheikh Mujibur Rahman. I do not know where Roxy Hotel is. Every time when I went to Sheikh Mujibur Rahman’s House, I was accompanied by somebody else. I had once an exclusive talk with him in his office at Jinnah Avenue. There was none else with me on that occasion. He had not objected to my going alone to him.
I had kept a list of arms and ammunitions with me. I cannot explain the contents of that arms list. In the meeting held on the 29th August, 1965, in Sheikh Mujibur Rahman’s house, there was no mention as to who the other important or unimportant members of the organisation were. I had not prepared the budget, but I had suggested that the budget should be prepared for our movement, to Lt. Moazzem Hossain, in a
letter. I did not prepare any budget myself. It is correct that I was asked by Lt. Moazzem Hossain to prepare a budget for 50/60 lacs of rupees. (The witness was asked whether he did anything in pursuance of that demand). The witness says, ‘I did nothing’. (After the attention of the witness was drawn to his police statement which mentions an estimate prepared by him): The witness says, “I did prepare the estimate”. I can name some words which were agreed to be used in particular senses. Lt. Moazzem Hossain and I agreed to use one word for only one meaning, The word ‘patient’ used in some letters, was used for East Pakistan. It was agreed between me and Lt. Moazzem Hossain that the word ‘patient’ would be used for “East Pakistan”. I have also stated in this Court that the word ‘mother’ also stands for East Pakistan. For ‘money’ the term used sometimes was ‘medicine’. I forget what other word was used for ‘money’. For arms and ammunition, the terms used were “materials” and “tools” and sometimes ‘things’. (The learned Counsel suggested that the term ‘goods’ was used for arms and ammunitions in some letters). The witness answers, ‘Yes’. The term ‘prescribed medicine’ has been used for arms and ammunitions and funds. It is, therefore, correct that more than one word has been used for one meaning, in the letters. The word ‘movement’ is described in the letters as ‘business’ I have also said that the word ‘trade’ in these letters stands for “movement”. I have similarly stated that the term ‘contract business’ stands for “movement”. The statement that it was agreed between me and Lt. Moazzem Hossain that we would use a particular word in a particular sense, is not false. I do not know if Lt. Moazzem Hossain had circulated to other members of the party these terms with the senses they carry.
Besides the persons who attended the meeting at Sheikh Mujibur Rahman’s house on the 29 August, 1965, I do not know the name of any other person in Dacca, who might have joined the movement. At that time I did not know of any attempt being made to bring Mr. A.F. Fazlur Rahman from Karachi to Dacca. By coordination, I mean coordination between different members of the organisation. There was a discussion at this meeting about the progress achieved by the organisation in carrying on our movement. There was no mention in that meeting as to how much funds had been collected so far. It was mentioned, however, that a large number of people had been inducted into the movement, without
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specifying the number or names. I cannot give an estimate of the time required for completing donation of one lac rupees, if it is paid in installments of Rs. 2,000/- to 4,000/-. Sheikh Mujibur Rahman also promised to get funds from India. But besides that no other promise or contributions were made in that meeting.
I did keep a diary of my own. I did not, however, note all the important events in that diary. I had kept, however, petty accounts about different members in the diary. What I mean to say is that I had noted down in the diary the petty amounts which I gave at different times to different members of the organisation. A list of persons contacted for the movement was also entered in this diary by A.B. Khurshid as dictated by Std. Mujibur Rahman. These were important entries. I do not remember if there was any entry made in the diary about the jobs assigned to different persons. I did note sometimes in other papers with me the important events but not about this movement. Those facts were noted for my autobiography. I do agree that events connected with the movement were important but I have not noted them from day to day in any paper for the record. I also kept no summary of important events in any paper. It is wrong that the answer I gave to Mr. Williams in crossexamination that I had kept the diary with me with a view to write my biography, was tutored.
My relations with Std. Mujibur Rahman and L.S. Sultanuddin, were not strained, on the first of September, 1965. (The learned Counsel for the prosecution at this stage points out that the answer the witness gave to Mr. Williams as recorded in this Court was that he had kept the letters for his biography and there is no mention of diary in this context). I had no suspicion that the money made over to Sultanuddin and Std. Mujibur Rahman, was either not sent to Lt. Moazzem Hossain or not properly spent. If Std. Mujibur Rahman had alone gone to Sheikh Mujibur Rahman, the latter would have given him the money as he was one of the nominees for the purpose. What I meant by saying that when Steward Mujibur Rahman went to Sk. Mujibur Rahman for getting the money and I accompanied him but remained outside the house, I only meant to say that I waited in the drawing room while he went inside a room. While I was waiting in the drawing room, I did not meet anyone. I was with Steward Mujibur Rahman who had asked me to stay in the drawing
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room. I had not asked Steward Mujibur Rahman not to tell Sk. Mujibur Rahman that I was waiting in the drawing room. On coming out, Steward Mujibur Rahman told me that he had got Rs. 700/- from Sk. Mujibur Rahman but he actually handed over the money to me when we reached the hotel. Nothing was spent on that day out of this Rs. 700/-.
If even on the 9th September, Steward Mujibur Rahman alone had gone to Sk. Mujibur Rahman, I had no suspicion that he would not be given the money. On that occasion, Sultanuddin and I however, had accompanied him and on this occasion, I had stood just outside the house while Sultanuddin and Steward Mujibur Rahman went in. There had been no objection to my sitting in the drawing room on the first occasion. I had just stood by the side of the road outside the house. On this occasion Rs. 4000/-were paid but these were not for arms and ammunitions but were intended to be sent to Lt. Moazzem Hossain for party expenses. Party expenses meant party expenses both for Karachi and Dacca. Out of Rs. 4,700/-, Rs. 4,100/-was taken to Karachi. Only Rs. 300/-was left with Steward Mujibur Rahman in East Pakistan for his own expenses and that of Sultanuddin for the work of the movement on that occasion. This was not money for personal expenses. I did say when examined by the prosecution in this court that this money was given to then for personal expenses. The other Rs. 3,00/- were spent by me for the expenses of the three of us in Dacca, when we stayed here. (Mr. Manzur Qadir points out that the statement made by the witness in the examination -in-chief was not that he had given Rs. 300/- to Steward Mujibur Rahman and Sultanuddin for “personal expenses” but that the words are ‘for their expenses’), I did say, however, to the Magistrate in my confession that I had paid Rs.300/- to these two persons for their personal expenses. I do not remember if I stated to the police that I had paid this money to them for their personal expenses (so recorded). The expenses of my stay during this time were met out of the party funds. I smoke. I generally smoke Capstan Cigarettes here. I only smoke half a packet of cigarettes daily. I had stayed on in Dacca from the 29th of August, 1965 to about the last week of September, 1965; but this did not wholly cover my leave. The leave was only for 10 days. I did not go out for any party work during this time. But I had visited several places within Dacca like going to Office and meeting friends. I sometimes went
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by a Baby taxi and sometimes by a Rickshaw. It is incorrect that the Statement I made that I accompanied Steward Mujibur Rahman and Sultanuddin to the house of Sk. Mujibur Rahman on the 9th of September, 1965 for collection of funds, is false.
When I went back to Karachi and delivered the amount of Rs. 4,100/- to Lt. Moazzem Hossain, I did not take with me any other party member. I did not know if any part of this amount was ever sent to Dacca from Karachi. I had delivered this money to Lt. Moazzem Hossain at his house in the evening before sunset. It is incorrect that in those days, due to emergency, Lt. Moazzem Hossain could not be at his house at that time.
I made a mistake while stating in Court that the two meetings that took place at the house of Lt. Moazzem Hossain and the house of Mr. A.F. Rahman at Karachi, were in November, 1965. Actually, they were in December, 1965. I made a correct statement to the Magistrate in that respect. Probably the first meeting at Lt. Moazzem’s House was in the second week of December, and the other meeting at Ahmad Fazlur Rahman’s house was in the last week. Again said – this first meeting was, I think, in the third week of December and that at Ahmed Fazlur Rahman’s house in the fourth week of December. A.B. Samad had also attended the first meeting at Lt. Moazzem Hossain’s house but not the second one. It is incorrect that Corporal Samad was not at Karachi on the day of the meeting. This first meeting was held after sunset. The second meeting at Ahmad Fazlur Rahman’s house took place at about 8 or 9 P.M. The two meetings were separated by 2 to 3 days. I am not aware of any visitors who might have been kept at the house of Lt. Moazzem Hossain in those days. I did not see any such visitors at his house. When Lt. Moazzem Hossain said in the first meeting that work should henceforward be concentrated in East Pakistan, I was not aware how far the movement had progressed in West Pakistan. I did not give any report at any of these two meetings as to how far the work in East Pakistan had progressed. At the time of those meetings, I was only aware that there were two whole time workers, namely, Std. Mujibur Rahman, and L.S. Sultanuddin Ahmed in East Pakistan. I was not aware if there was any such whole time worker in West Pakistan in those days. I was taken into confidence in respect of the movement. No payment was fixed for Std.
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Mujibur Rahman and Sultan Uddin Ahmed per month but they were given money from time to time as required. I cannot say how much money was paid to Std. Mujibur Rahman and Sultan Uddin Ahmed for the period from 1st of January, 1965 to December, 1965. I had also drawn some money while at Karachi from party funds. I had been paid Rs. 20/00 on one occasion and Rs. 20/00 on another occasion by Lt. Moazzem Hossain for that purpose at Karachi. During this period I had, however, recruited no new member at Karachi nor did I collect and funds. I had not undertaken any journey outside Karachi in that period. This Rs. 40/00 was given to me for transport expenses for attending the two meetings and for other visits to Lt. Moazzem Hossain’s house. Sometimes I used to visit Lt. Moazzem Hossain alone and sometimes other people also used to be present. We were, in fact, discussing the party matters on the daily basis. What I mean by the daily basis is that I used to go every day to his house. There was sometimes a break of 2/3 days in between our meetings while I was at Karachi. My house at Jahangir Road would be 3. miles away from the house of Lt. Moazzem Hossain at Karsaz.
I do not remember when applied for my transfer to East Pakistan. I had applied for this transfer before these two meetings took place. I had been asked to give up my job at Karachi but I did not tender my resignation. Nothing was mentioned as to how much money would be to me while I would be staying in Dacca, for my maintenance. I was only told that a job would be provided for me at Dacca but it was not specified what kind of job. It is not false that I was asked to quit my job at Karachi and go to Dacca. I did not agree to give up my job.
When Mr. Ahmed Fazlur Rahman wrote the letter to his younger brother in London for the transmitter, he did not mention any price in the letter nor was the price discussion at that time.
I did not tell the police that it was at the house of K.G. Ahmed where I met Mr. Fazlur Rahman that he wrote a letter then and there for the transmiter. (So recorded). I did not state to the Police that Mr. Fazlur Rahman wrote a letter then and there and handed over the same letter to Lt. Moazzem Hossain at his residence at Karsaz. (So recorded). Lt. Moazzem Hossain himself was friendly with Mr. A.F. Rahman. There was a telephone in the house of Mr. A.F. Rahman in Ilako house and not
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in the house of Lt. Moazzem Hossain. I do not know if Lt. Moazzem Hossain had a telephone in his office. I do not remember if I stated before the Magistrate in my confession that Lt. Moazzem Hossain had asked me to go and collect a letter from Mr. A.F. Rahman. I had stated so to the Police. (Not so recorded). Ilako house may be 576 miles from Karsaz. There was an emergency in Naval Headquarters when the meetings were held in December, 1965. I do know if Lt. Moazzem Hossain was supposed to be on war duty in those days. In December, 1965 also, Lt. Moazzem Hossain was working as Liason Officer at Naval Headquarters. I do not know if he was Chief Liason Officer. When I met Lt. Moazzem Hossain in those days he used to wear Khaki uniform. A.B. Khurshid was for 3 years at Chittagong before I received the letter written in his hand on behalf of Std. Mujibur Rahman. (The witness was told that according to Lt. Moazzem he used to wear a blue uniform and not Khaki uniform in December, 1965, witness says, “That is correct.”)
(Note:- At this stage the learned Counsel for the prosecution has brought to the notice of the Court that in the original police statement of the witness it is recorded as follows :-“He, Mr. A.F. Rahman wrote a letter there and then and handed over the same to me and I gave the same letter to Lt. Moazzem Hossain at his residence at Karsaz”. This should be noted in connection with the alleged contradiction of the witness statement in Court with his police statement.)
I know Mr. Anwar Zahed. I met him several times at 20/3, Gopibagh where he lives. I had gone to his house several times. I went there to collect letters sent by Lt. Moazzem Hossain care of him, and addressed to me. I cannot specify the land in which this house is situated. This address was given to me by Lt. Moazzem Hossain. He gave me this address orally. Later on, I gave my own address to Lt. Moazzem Hossain for the letters to be sent. This was when I shifted from Arzoo Hotel to D.N. Sen Road. In the letter Ext. P.W. 3/39, it is mentioned by Lt. Moazzem Hossain that he had sent two telegrams and two letters to my given address (20/3 Gopibagh). It is correct that I had given this address to him. I was not very friendly with Mr. Zahed. I did go on other occasions to his house besides those on which I went to collect letters. This does not, however, show my friendliness with him for a long time. It is mentioned in this letter that Nur Mohammad was going to Dacca. He
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did actually meet me in Dacca. The letter says that I would learn everything from him. However, he met me but gave me no information. I never paid any money to Mr. Shafi of Barabakunda. He was not a member of our organisation. (The witness’s attention was drawn to a sentence in the letter Ext. P.W. 3/9 where in Steward Mujibur Rahman had mentioned that he had met Shafi, but he was not inclined. This means that Steward Mujibur Rahman tried to induct him into the movement, but he was not willing, to join. I did not tell the police that I had also paid him Rs. 700/- as bait to join our movement (so recorded). There is a reference in the letter P.W. 3/6 saying “you people remain unanimous”. This does not mean that we had any previous disagreement. There is a reference to one Gulam Mohammad in the letter sent to me by Steward Mujibur Rahman. I knew him, but he was not connected with the movement at that time. I had not difference with Gulam Mohammad. When I was in Karachi he was not connected with the movement. The letter Ext. P.W. 376 was received by me at Karachi. (The English translation of the letter P.W. 3/6 is now marked P.W.376-A for identification).
(The English translation of the Bengali letter Ext.P.W.3/7 is now marked P.W.317A for identification). I did not mention to the Magistrate in my confession that I had received the letter addressed to Nuru Bhai, along with another letter addressed to me. I don’t remember if I mentioned it to the police in my statement made on 19th January. (Not so recorded) I cannot remember if I mentioned having received the letter dated 6.12.65, Ext. P.W. 3/11 from Steward Mujibur Rahman, in my statement to the Magistrate. (The English translation of this letter is marked for identification as P.W. 3/11A). This is a letter dated 6th December, 1965 from Steward Mujibur Rahman. I don’t remember if I mentioned this letter in my statement to the police on 19th January, 1968. (Not so recorded).
The witness was handed over the letter Ext. P.W. 3/12, the English translation of which is now marked Ext. P.W. 3/12A. The words in Ext. P.W. 3/12 reading “after completing all kinds of work in that country” do refer to our contact with the personnel of the United States. I still insist that my answer in this Court interpreting that country as referring to the United States is correct. The amount of Rs. 2,200/- which had been
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received by L.S. Noor Mohammad through a carrier of a ship was received through a person when I can identify; that carrier had come with Noor Mohammad to me. I do not remember his name. Probably the ship by which he came was ‘Shams’. He belonged to that ship either as a steward or as a member of the crew. The police never took me to identify that carrier. Noor Mohammed was a faithful worker of the movement. If Noor Mohammed alone had gone to deliver the money to Lt. Moazzem Hossain, the latter would not have disliked it.
I cannot remember the exact month in which Noor Mohammad and I went with this Rs. 2,200/- to Lt. Moazzem Hossain. Again says, “I now recollect that it was in January, 1966”. It was probably in the 3rd or 4th week of January. The money was delivered to Lt. Moazzem Hossain at his house in P.N.S. Karsaz. I do not remember if I stated to the Magistrate that the money was delivered in the 1st week of January. Nor do I remember if I said to the Police that I went with the money to Lt. Moazzem Hossain in the first week of January. Noor Mohammad and I went to Lt. Moazzem Hossain with the money the same day when the carrier had come to me. This money had been collected by Sultanuddin Ahmed and Std. Mujibur Rahman from Sk. Mujibur Rahman and sent by carrier. One or two letters also came with this money. I do not remember the dates of those letters. The money was received by Std. Mujibur Rahman and Sultanuddin Ahmed in January, 1966. I believe I did mention to the Magistrate that this money had been received from Sk. Mujibur Rahman through Sultanuddin Ahmed and Std. Mujibur Rahman. The letter which I received in the first week of January, 1966 to which reference has been made in my statement to the magistrate, is this letter marked Ext. P.W. 3/6. I find that there is a reference to money having been arranged in this letter wherein it is referred to as “medicine’ but there are no specific words saying that this money had been supplied by ‘Bara Bhai’.
Record of Proceedings, Agartala Conspiracy Case 203
SPECIAL TRIBUNAL
Record of Proceedings
13.8.1968
PRESENT Mr. Justice S.A. Rahman, H. Pk.,
Chairman.
Mr. Justice M.R. Khan, S. Pk.,
Member.
Mr. Justice Maksum-ul-Hakim,
Member.
For the Prosecution: As before.
For the Defence: As before.
Accused present: As before.
Witness on oath: As before.
CROSS-EXAMINATION OF P.W.3, AMIR HOSSAIN MIA,
CONTINUES :
TO
MR. ABDUS SALAM KHAN
Before giving evidence in the Court I had not gone through my statement before the Magistrate or to the Police. Before coming to Court every day I do not meet anybody connected with the prosecution. This morning I was brought here at 8-30 A.M. by the Duty Officer. I am kept in the room next to the Court before being brought inside the Court. I went to one-other building situated within these premises in order to go to the bath room. I do not know if that particular building to which I went
is meant for the prosecution Counsels. I did not find anybody there when I went there with the Duty Officer.
I did not state to the Police that L.S. Noor Muhammad had introduced K.G. Ahmed of National Shipping Corporation and Mr. Ahmed Fazlur Rahman, CSP to me. (So recorded). It was in August or September, 1965 that I had first seen Mr. K.G. Ahmed, once, in the Dacca Hotel. The second time I saw him at Karachi. When I saw him for the first time in Dacca Hotel I was not introduced to him. For the first time, Mr. Ahmed Fazlur Rahman had been introduced to me in November, 1965. When I was transferred from Karachi to Dacca my T.A. was not sanctioned by the Government as the transfer was at my own request. I did not approach Mr. Ahmed Fazlur Rahman on that occasion to get sanction for T.A. for myself and my family. It is not correct that I made a request to that effect to Mr. Ahmed Fazlur Rahman and he turned down my request.
I never contacted Mr. Sabur. I just failed to contact him. I never even tried. I had once asked Manik Chowdhury to arrange a meeting between me and the officials of the Indian Embassy. I never tried to contact the Chinese Embassy. The relations between India and China were not good. I personally never tried to contact the American Embassy officials either in Dacca or at Karachi.
While I was at Dacca, Corporal Samad was also here from February, 1966 to the end of April, 1966. I did not ask anybody else beside Manik Chowdhury to arrange for a contact between me and the foreign Embassies. I had, however, a talk with Mr. Ahmed Fazlur Rahman once on this subject. I did not know Mr. George Ball but Lt. Moazzem Hossain once told me that he was an American Embassy official. Mr. George Ball is an American official. I do not know his designation. I do not know where he is now. I do not know that Mr. George Ball was posted at Dacca.
The scooter that Lt. Moazzem had, was of light green colour. He told me that he had purchased it in 1963. I had met Mr. Zoha at Dacca in the year 1966. No job was provided for him and no money was given to him. This Zoha belonged to the Air Force. I had not been in any other
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Cantonments in East Pakistan, besides Dacca Cantonment. I have not been through the entire Cantonment area of the Dacca Cantonment.
By an “unlisted telephone” I mean a telephone for which there is no registration number and no payment is to be made. To send a trunk-call, a number has to be communicated to the Exchange Office. For the receipt of a call the number also is to be given. Actually, no unlisted telephone was provided to me”. (Witness volunteered this).
When I had come on transfer to Dacca and took up residence in the Dacca Hotel I gave my own name there in the Hotel Register though I had been deputed to do the work of the movement in Dacca. In the Dacca Hotel Register now handed over to me, my departure is noted on 4.2.1966 at 7 A.M. in Ext. P.W. 3/20. I traveled from Dacca to Chittagong by train – Again said; I do not remember whether it was by train or by plane. I met petty Officer Rahman and Lt. Huq at Chittagong in the Misca Hotel. They were not known to me before. They were introduced to me and I was told that they were posted at Chittagong. Std. Mujibur Rahman had said that they were ready for the rainy season that means the D-day was fixed for the rainy season, i.e., it was intended that we would suddenly attack the military personnel in the Cantonments and take over power from them. It was anticipated that the military personnel would be obstructed by floods at that time. There are four military Cantonments in East Pakistan, namely, Dacca, Comilla, Chittagong and Jessore. There are roads connecting Dacca, Comilla and Chittagong, which are metalled. I do not know whether these roads can be used throughout the year. I never traveled from Dacca to Chittagong by road. I know that E.P.R.T.C. buses, private buses and cars etc. go by road to Chittagong from Dacca. I came to know about this in 1967. Although I had been deputed to Dacca for the revolutionary movement in 1966, I did not inform myself of the state of communications in the province in that year. I do not know that military trucks and buses have been plying on the road from Chittagong to Dacca ever since the year 1959 although there were no pucca roads at that time. I do not know if there is a metalled road going through Khulna, Jessore, Kushtia, Pabna, Bogra, Rangpur, Dinajpur and Rajshahi. I belong to Faridpur. I am not aware of a road from Kushtia to Faridpur. I know that there is a metalled road
Record of Proceedings, Agartala Conspiracy Case 207
between Gualando and Barisal. It may be that one can go from Dacca to Faridpur, Kushtia, Jessore, Khulna and Barisal by truck or coach. On the D-day, besides military personnel in the military cantonments, civil personnel at the strategic points were also to be attacked. By strategic points, I mean places like Governor’s House in Dacca and the Secretariat Building and other important places like Railway Department, Police Headquarters etc.
(The witness was handed over attendance register of the Office). He says, ‘I see my signature on the page now marked Ext. D.B./11.’ The diary in which Mr. A.B. Khurshid wrote the list of persons contacted, on the dictation of Std. Mujibur Rahman, is also here, in Court. I have seen only one diary in this Court out of three, which Lt. Moazzem Hossain had given to me. The other two diaries in Court are not out of those three. These two other diaries belong to me personally. Both these two diaries were with me when I went to Chittagong. I cannot say to which year these two diaries relate, but they were with me in 1965 and 1966. I do not remember if the list of persons contacted was written in one of the two diaries or both – Again said, the list was written in both the diaries. In both these diaries, the list was written by A.B. Khurshid on the dictation of Std. Mujibur Rahman. I do not remember if these names included the persons from the Air Force, the Military and civilians. I know Ashoke Sen Gupta who was a friend of mine. I believe, I must have written his name in my diary myself. He lives in Chittagong. Ashoke Sen Gupta is a businessman. I do not remember Moazzem Hossain Choudhury. (The witness’s attention was drawn to a page in the diary of 1966, now marked Ext. DB/12). I cannot say in whose hand the entry relating to Moazzem Hossain Choudhury is written. I see the entries in the 1965 diary, at the page now marked Ext. DB/13. These entries are in my hand. This page contains four names of C.S.P. officers. On the next page now marked Ext. DB/14 I also find another entry relating to an Ex-Customs Collector. This is also in my hand. I do not know any of these five gentlemen. (The witness was asked by the Court why he entered these entries about those five persons in his diaries). He says, “These names were given to me by Dr. Saidur Rahman to contact and induct them into our movement. I, however, never contacted them”.
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These names were taken down by me at Chittagong. According to me, the induction of C.S.P. Officers in the movement was important for the movement. It is not correct that I had put down these entries in my diaries at the instance of the Investigating Officer, in order to make them accused in this conspiracy case. The persons mentioned on pages Exts.DB/13 and DB/14 are East Pakistani senior C.S.P. Officers except for Salahuddin. Salahuddin, I was told was also an East Pakistani C.S.P. officer. I do not know him.
To Court :
The words at the end of the entry relating to Qazi Jalaluddin, C.S.P. in Ext. DB/13, are ‘for job’. This was written in order to conceal the fact that these people were supposed to be contacted for induction into the movement.
To Mr. Abdus Salam Khan.
I was cautious so that the secrets of the movement did not leak out. I did not mention the names of these officers in my statement to the Magistrate as of persons who, it was suggested, should be contacted for the movement. The Investigating Officers who questioned me at Rajarbagh Police Centre were noting something in their papers but I do not know what they recorded. It may be that I might have contacted some of the persons included in the list written by Khurshid in my diary on the dictation of Steward Mujibur Rahman. They included Flt. Sgt. Haque, Educational Instructor, whom I contacted. He had attended my meeting at Mahakhali. I cannot now remember others without looking at the list. The list included the list of persons who were at Chittagong at that time. Again says – may be they were in Chittagong in February, 1966. There was a second meeting at Chittagong on the 6th of February, 1966. I had not asked any of my friends to bring in those persons included in the list, in the second meeting. In the two personal diaries which are now in court, I did put down sometimes personal notes of my own.
I had no business besides the job I was doing in the Statistical Office. I had an idea of starting a flour mill on a loan to be taken from the IDBP and I had printed some pads with the name of the proposed mill as
Record of Proceedings, Agartala Conspiracy Case • 209
“Hossain Flour Mill”. I do not remember if I did anything else beyond getting these pads printed for the flour mill, for carrying out my proposal about the flour mill. No place had yet been decided for setting up of the flour mill but I had an idea that it may be in Dacca. I had given the address 107, D.N. Sen Road, Dacca as the address of the flour mill on the pads. I first thought the setting up of the flour mill might involve an expenditure of Rs. 2,000/- to Rs. 3,000/-; but I later learned from the IDBP that it might cost a few lacs. My two personal diaries were also kept in my bag in the Statistical Office Store Rooms. Not all the pages of the diaries were written out. I am not sure if I noted down on any paper, personal notes about expenses etc. while I was at Karachi. The entries on first four pages of the 1964 Diary, now marked Exts. D.B./15, D.B./16, D.B./17 and D.B./18, are in my hand but they are not connected with this movement. I deposited Rs. 7,000/- in the United Bank, in the name of my proposed mill. When I was questioned as to what other things I did as to the proposed mill, I forgot this fact. (The witness was asked whether he had deposited also Rs. 4,000/- by way of an additional sum into this account on 4.7.66. The witness answered in the affirmative). It may be that instead of depositing Rs. 7,000/- in the bank I had deposited Rs. 6,000/- on one occasion and Rs. 4,000/- on another occasion. The money that I deposited in the bank was my own money and had been with me personally but not in any bank. I had deposited Rs. 5,000/- with one of the PAF Officers. When I left the PAF service, this money was given back to me by the PAF Officer. It remained with me until I deposited Rs. 6,000/- in the bank. I had added some money of my own before depositing the Rs. 6,000/- or Rs. 7,000/- in the bank. It is incorrect that I was busy with my job and with this project of the Mill and I had no time for any revolutionary movement. The officer with whom I had deposited Rs. 5,000/- while in the PAF was Flt. Lt. Tamra. I had got back this money in 1964 when I left the PAF and ever since had been keeping the money with me. I had some personal friends in West Pakistan also.
(Note:- The witness answered that he did deposit Rs. 7,000/- in a Bank in answer to a question put by the learned Counsel as to whether he had deposited Rs. 10,000/-).
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My father was known as Fazel Molla. I changed my surname to ‘Mia’ instead of “Molla’. According to me ‘Mia’ is a better surname. When I was first recruited to the P.A.F. I was getting on Rs. 47/00 per mensem. I cannot say for how long I continued as an Air Man. Subsequently, I was promoted as a Corporal. I cannot remember in which year I got this promotion. I do not remember if I noted in my personal diary the date when I joined the P.A.F. It may be that I may have noted it elsewhere. My emoluments as Corporal were Rs, 175.00 p.m. I retired from the P.A.F. as a Corporal. I cannot remember in which year I had deposited Rs. 5,000/- with Flt. Lt. Tamra. I had an account with the National Bank at Karachi. I had not deposited this Rs. 5,000/- in the National Bank. I had not deposited any savings in the National Bank while I was serving in the P.A.F. I had withdrawn on one occasion Rs. 4,000/-, from my initial deposit of Rs. 6,000/-, in the United Bank in Dacca. This was before my second deposit of Rs. 4,000/- with the United Bank. I cannot remember how long after my first deposit I withdrew this amount or how long it was before my second deposit. My idea in depositing this money in the Bank was to get an over-draft from the Bank. I had given up the project of flour-mill after learning that it required a few lacs. I had withdrawn Rs. 4,000/- from the Bank to give a loan to someone, namely, to Mr. Baker Ali who was a professor in the Government College at Barisal. The loan was advanced by a cheque. I do not remember whether the cheque was in the name of Baker Ali or in my name as ‘self”.
When I wrote the chit to the Choukidar of my office and gave it to the Police, I had intended only that two diaries out of three given by Lt. Moazzem Hossain should be handed over to the police. I did not mean to hand over my personal diaries. (The English translation of the ‘chit Ext. P.W. 3/57 is now marked as Ext. P.W. 3/57-A). I also had an account with the Eastern Banking Corporation at Dacca. I did not have any account in the Post Office Savings Bank at Dacca. I had a savings bank account in the Post Office at Karachi. It may have been in 1956 or thereafter. By carrying out the separatist movement of East Pakistan from the Centre the question of my separating from West Pakistani friends did not arise. Nationals of other countries would have remained
Record of Proceedings, Agartala Conspiracy Case • 211
in East Pakistan even after it had become an independent State. It was not necessary that all West Pakistanis living in East Pakistan should have been driven away from East Pakistan when East Pakistan would have become an independent State. By the words ‘Indian elements’ in East Pakistan I mean ‘Indian Nationals’ in East Pakistan. Similarly, by ‘West Pakistani elements’ in East Pakistan I do mean “West Pakistani Nationals.’ We did contemplate antagonizing West Pakistanis against East Pakistanis when it was said by Std. Mujibur Rahman in the meeting that we would drive out West Pakistanis elements from East Pakistan.
It was giving out very important information to Lt. Huq who came for the first time to a meeting at Miska Hotel at Chittagong, when it was said by me that Sk. Mujibur Rahman and Lt. Moazzem had arranged that India would be supplying arms and ammunitions and that we would be getting them. I had no talk with. L.S. Sultanuddin on the point later as to whether he had shown indifference to A.B. Khurshid and Std. Mujibur Rahman in respect of not supplying information. I do not remember if I mentioned to the Magistrate in my confession that there was a complaint about indifference of Sultanuddin towards Std. Mujibur Rahman and Khurshid. (Not so recorded). For the meeting of the 6th of February, 1966 I had not asked for the presence of all our party men at Chittagong. This second meeting was attended amongst others by Dr. Saidur Rahman, Manik Choudhury, Bidhan Sen and Subedar Razzak who were all new to me.
I had asked Manik Choudhury in that very meeting to give his contribution to the party funds. It was on the next morning that he made his contribution of Rs. 3,000/-. On the 7th Morning, he came along with Bidhan Sen to make this payment. May be, I earlier stated in this Court that it was at this meeting on the 6th that Manik Choudhury made his contribution of Rs. 3,000/-. On the 6th February, 66 I had no other money in the party funds except Rs. 3,000/- promised by Manik Choudhury. There are several other hotels in Chittagong, besides Miska Hotel, which may be less costly than Miska Hotel. I used to pay only Rs. 9/- per day for the room in the Miska Hotel, and I took my meals outside in another hotel. This as a single-seater room. I had gone to Chittagong only for the party work. I had put down my own name in the hotel
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register at Chittagong. I do not remember whether I gave my official designation also in the hotel register in Chittagong or not. I do not remember what address I had given in the hotel register at Chittagong. Before the meeting of the 6th February, 66 I had not met Manik Choudhury, but I had heard his name. I have not seen in Court the copy of the telegram which I sent to Lt. Moazzem Hossain from Dacca, after this meeting at Chittagong. I did not state to the police that on 8.2.66 I came to Dacca and stayed in Dacca Hotel (so recorded). Even after the 9th February, 1966 when I received a letter from Lt. Moazzem Hossain referring to prominent personalities of the movement by code names, the accused were being referred to by their names as well as code names in the subsequent letters. In that letter of the 9th February, 66 there is a reference to one Major Kamal, but I never saw him.
I regarded Mr. A. Fazlur Rahman as an important and faithful member of our organisation. He could be entrusted with the work of our movement. It may be that Mr. Ahmed Fazlur Rahman came from Karachi to Dacca, taking leave, in February, 66. There was a difference between Sheikh Mujibur Rahman and Mr. Ahmed Fazlur Rahman. Sheikh Mujibur Rahman had told me once in conversation that there were funds entrusted to Ahmed Fazlur Rahman which he had misused. This he told me after the first meeting held on the 29th August, 65, when I visited his office. The funds referred to by Sheikh Mujibur Rahman in this connection were not our party funds, but those pertaining to Awami League. I had not mentioned this fact in my statement to the Magistrate or to the police. I have mentioned this fact today because I was asked about the difference between Sheikh Mujibur Rahman and Ahmed Fazlur Rahman. I had informed Lt. Moazzem Hossain at Karachi, of the opinion expressed by Sheikh Mujibur Rahman about Mr. Ahmed Fazlur Rahman.
I have not read any book on resistance force or secret armed revolution. We had no discussion as to the test to which new recruits should be subjected while inducting them in the revolutionary movement. In spite of being told in a letter by Lt. Moazzem Hossain that I should not take a house on rent before he arrived in Dacca, I did take a house on rent. Lt. Moazzem Hossain had come to Dacca on the 12th
Record of Proceedings, Agartala Conspiracy Case • 213
March, 1966 before I had taken the house on rent. At the end of April or the beginning of May, 66 he came on transfer to East Pakistan and again visited Dacca. In that period I had been staying in Arzoo Hotel for a month or two months, I cannot exactly say. When I joined the regional Statistical Office in Dacca on transfer, I had given my address in Dacca as Dacca Hotel. This address I gave on the 3rd February, 1966. After the 4h February and on my return from Chittagong, I had lived in Arzoo Hotel. I had given oral information to my office about the change of my residence at Arzoo Hotel. I did not give my name as Abdur Rahim to the office. If they had wanted to communicate with me at Arzoo Hotel they would have done so in my own name, although my name in the hotel register was Abdur Rahim. I had not communicated to the persons other than the members of our organisation, the fact that I was living in Arzoo Hotel, under a fictitious name. I had received no letter at Arzoo Hotel, but they were received at the address 20/3, Gopibagh. The letters addressed to 20/3, Gopibagh were sometimes addressed in own name and sometimes in my code name. I had informed Lt. Moazzem Hossain as to where I was living in those days. In answer to a query by Lt. Moazzem Hossain as to where I was residing, I had written a letter to him saying that I would be staying at Arzoo Hotel under such and such name. No letter, however, came to me under the fictitious name I had given in Arzoo Hotel.
It was necessary for an armed revolution to succeed that we should have arms and ammunition. I mentioned that Sk. Mujibur Rahman had a difference of opinion with Lt. Moazzem Hossain as to the timing of the action for the revolutionary movement. He wanted it to be executed earlier but it did not mean that he wanted to do it without arms and ammunitions. No plan with regard to the procuration of arms and ammunition had yet succeeded in February, March or April, 1966. They were, in fact, not procured during my association with the movement.
I did not state to the Police that Ex-Corporal Samad brought four new recruits in the Dacca Hotel where I was staying (so recorded). Part of my functions was to recruit new members. But I had not personally recruited any members. By “indoctrination” I mean persuading persons to join our revolutionary movement by explaining to them the spirit and
214. Record of Proceedings, Agartala Conspiracy Case
ideology of our movement. The ideology and spirit consisted in explaining that East Pakistan should separate itself from the centre and become an independent state. (The learned Counsel asked him to tell him everything in this connection as he wanted to be indoctrinated in the movement.) The witness says, “I will tell you privately but not here”. This does not mean that I am not willing to make full disclosure of the truth. Actually, there is nothing more to be stated privately. I have said everything in Court. The spirit and ideology of the movement was to be explained in this way: There was a disparity between East Pakistan and West Pakistan in several respects. This had to be explained and it had to be stated that we wanted East Pakistan to be separated from the centre as an independent state for the Muslims only belonging to East Pakistan. Another point to be mentioned to the new recruits for this movement by explaining the ideology and spirit was that the foreign exchange earnings of East Pakistan were being spent in West Pakistan and also that industries were set up in West Pakistan and proportionately very little was done in East Pakistan. This is all. The new recruits who were brought to me were literate persons. I told them about the plan by which this ideal of an independent East Pakistan was to be achieved. I told the new recruits that this object will be achieved by an armed revolution.
I did tell them what method this armed revolution would take place. This was that the military personnel in the different Cantonments in East Pakistan would be militarily attacked and power would be seized. They asked me when this would be possible but I could not give the exact time when this would be possible. I did tell them about the D-day in the rainy season. The rainy season in this context meant June – July, 1966. The “Dday” means the day of action. Abdur Rezzak who attended the meeting in February, 1966 in Arzoo Hotel was not a Subeder. He was Assistant Security Officer of the EPRTC. I did not mention one of the new recruits by the description “Sub/Abdur Rezzak”, in my statement to the Police (so recorded). Ashraf Ali Khan who is mentioned as one of the new recruits was the person who gave me a sketch map of a cantonment. I had not asked him to explain the sketch-map to me.
Record of Proceedings, Agartala Conspiracy Case • 215
SPECIAL TRIBUNAL
Record of Proceedings
15.8.1968.
Present Mr. Justice S. A. Rahman, H. Pk.,
Chairman.
Mr. Justice M.R. Khan, S. Pk.,
Member.
Mr. Justice Maksum-ul-Hakim,
Member.
For the Prosecution: As before.
For the Defence: As before.
The witness on oath: As before.
All accused present: As before.
Before the proceedings started Mr. Abdus Salam Khan mentioned and wanted it to be noted that the question he had put to the witness (referred to at page 129 of the record) about his visiting another building in this premises before appearance in Court, must be understood in the sense that the room which he visited was not occupied by the learned prosecution counsel.
Before starting cross-examination of the witness the English translation of Ext. PW 3/1 has been marked as PW 3/1A, that of Ext. PW 3/3 as PW 3/3A and the translation of Ext. PW 3/4 as Ext. PW 3/4A. The English translation of Ext. PW 3/45 is marked as Ext. PW 3/45A.
Cross-examination of PW 3 Mr. Amir Hossain Mia continued:
To Mr. Abdus Salam Khan :
I know that in India, the Muslim minority are living under very miserable conditions. I also know that India is illegally continuing occupation of Kashmir against their international commitments. I know that during the September war, Kurmitolla, Jessore and Rangpur were bombed by Indian planes.
I do not remember about Chittagong. I do not know if the defence arrangements in East Pakistan by East Pakistanis themselves are very meagre and inadequate. I do not know if in the case of an attack by India on East Pakistan, this wing of the country would be helpless without the aid of the Central Government and the military personnel in West Pakistan. After the September war with India, there was no discussion in our party meetings, about our relations with India. It is not correct that my testimony about the letters and the diaries to which I have deposed in this Court, is not true. It is not correct that these documents were fabricated. (At this stage Mr. Abdus Salem Khan, in order to accommodate Mr. Md. Ismail stopped his cross-examination for the time being and allowed him to put cross-examination questions. He reserved his right to put further cross-examination questions later. Mr. Abdus Salam Khan left for some time, with the permission of the Court, leaving his junior in Court).
To Mr. Md. Ismail:
When I was arrested at the Dacca Airport as I have already mentioned, besides one person in uniform, there were two other persons present in civilian clothes. I asked them who they were. They said they were from the S.B. staff. No questions were put to me at the Airport immediately after the arrest. Nor did I volunteer any statement at that time. On the night of the 13th of December, 1967 I was interrogated at the Rajarbagh Centre between 8 and 11 P.M. I had been taken to that Centre on that day at about 2-30 or 3 P.M. Between this time and the interrogation; I was kept at the Centre. No attempt was made to question me in this interval. I
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saw several persons coming and going at the centre but none of them came to question me in the interval. I was kept inside a room there. I was not handcuffed, nor was I tied up in any other way. One watcher was with me inside the room. I do not know if Mr. Mannaf, D.S.P. had also come there during the interval. I just sat down and smoked in the room. I had also taken my lunch there. I had taken my lunch at about 4 P.M. At the time I was taking lunch, I was not approached by Mr. Mannaf. I had taken breakfast in the plane that day but I cannot give the exact time. The plane had arrived in Dacca at 12 or 12-30 in the day. I did not ask for lunch earlier than 4 P.M. They asked me whether I was fasting or not. I told them that I was not fasting and then they brought lunch for me. While I was being interrogated, I was sitting. There was a table in front of me at the time. The persons interrogating me sat across the table. Only Mr. Mannaf was putting questions to me while the other two persons sat by his side. These other persons had not put any questions to me. Mr. Mannaf had a big diary with him at the time he questioned me. After getting my answer to each question he was noting something in the diary. Mr. Mannaf, when he was questioning me, was in civil dress. He had told me who he was.
It was on the 18th of January that I was taken from the Central Jail to the Military custody. From the 13th December till about the 23rd of December, 1967, they had kept me at the interrogation centre and had kept putting questions to me from time to time. It was after this that I was taken to the Central Jail. During this interval, I was being questioned, apart from Mr. Mannaf, by two or three others whose names I do not know. Those persons also noted something after questioning me. After obtaining an answer to each question they noted down something. I cannot say how many times I was questioned between the 13th December and 23rd December. Between the 23rd December and the 19th of January no one interrogated me.
On the 19th of January, 1968 my statement was recorded at the Signals Mess by the Investigating Officer. This statement was recorded by Mr. Ahasanullah, Inspector. He was taking my statement for the whole day. He was putting questions to me and I was giving answers.
Record of Proceedings, Agartala Conspiracy Case • 219
The questions were not necessarily the same as had been asked from me at the Rajarbagh Centre. There were all types of questions.
Between the 19th of January and the 14th of February, 1968, I had not been interrogated by any one. It was on the night of the 18th January when I was brought from the Jail that I became determined to make a confession. While I sat in the next room to the Magistrate in which I had been seated, to reflect over the situation for an hour or so, I did not actually think over the situation because I was determined to make a confession. Before telling Lt. Sharif I had not talked about this determination of mine to anybody else. It was one day earlier than the date on which I was taken to the Magistrate for tender of pardon that I told Lt. Sharif about my willingness to make a statement. Major Naser used to come and see me practically every day while I was in detention because he was the Administrative Officer. It was a few days earlier than the date on which I went to the Magistrate for tender of pardon that Major Naser had asked me whether I was willing to be an approver.
Before writing down my statement the Magistrate did get all the facts from me orally. It is a fact that Std. Mujibur Rahman and L.S. Sultanuddin were awaiting us at the Air Port when we came to Dacca on the 28th October, 1965. My statement in Court that Std. Mujibur Rahman and L.S. Sultanuddin were staying at the Dacca Hotel in those days is not false. They had told me that they were staying there earlier than the 28th October. My statement to the Police that I stayed in Dacca Hotel is not false. It is absolutely wrong to say that my entire evidence about the conspiracy is false. It is wrong that Mr. Ruhul Quddus is not a friend of Sk. Mujibur Rahman but a mere acquaintance. Sk. Mujibur Rahman had told me that he had become friendly with Mr. Ruhul Quddus from 1941 when they were staying in the same Hostel. (This statement is volunteered by the witness).
I do not think that I had mentioned the date of the meeting held at Mr. Tajuddin’s house at Dhanmondi to the Police, but I had mentioned the time approximately. I did not tell the Police in my first statement that in the first week of April, 1966, Lt. Moazzem attended the meeting in the house of Mr. Tajuddin, Secretary of Awami League. (So recorded). I
220 . Record of Proceedings, Agartala Conspiracy Case
did not say in my second statement to the Police that the meeting in the house of Mr. Tajuddin was held in his absence in March-April, 1966. (So recorded). It is not correct to suggest that my statement that the meeting was held at Mr. Tajuddin’s house on the 12th March, 1966 is false. It is also incorrect to suggest that Lt. Moazzem Hossain did not come to Dacca on that date. When we were picked up by Sk. Mujibur Rahman in his car from the bus stand to go to Mr. Tajuddin’s house, the car took only a few minutes to go to that house. I am not aware that on the 12th March, 1966, there was dinner by the East Pakistan C.S.P. Association at Hotel Shahabagh at which President Field Marshal Mohammad Ayub Khan was the Chief Guest. I do not know if Mr. Ruhul Quddus along with other C.S.P. Officers attended that dinner. Probably the ‘Bakrid’ on which I visited Sk. Mujibur Rahman in his house was on the 3rd of April. I do not remember exactly whether it was on the same day or the next day that I sent Std. Mujibur Raman to collect money from elsewhere but he brought money from Mr. Ruhul Quddus the next day.
I am not aware that Mr. Ruhul Quddus was away on an official tour to Cox’s Bazar from the 30th March, 1966 to the 5th April, 1966. I do not know Mr. Md. Mohsin who may be a witness in this case. It is not correct that he is a friend of mine. I do not know him at all and cannot say if he is a cousin of Mr. Ruhul Quddus. I did apply for the post of an Economist as advertised by the East Pakistan Agricultural Development Corporation. I see the newspaper, the Pakistan Observer, dated the 14th September, 1965 in which the East Pakistan Agricultural Development Corporation advertised for the post of an Economist. I had applied in answer to this advertisement which is now marked as Ext. DB/19. I do not know that Mr. Ruhul Quddus was a member of the Selection Board for that post and Director of Finance of the Agricultural Development Corporation. It is not correct that I went to Mr. Ruhul Quddus along with Mr. Md. Mohsin, in his office, to ask him for help in the selection and that he expressed his inability to help me in that regard. It is not correct that I saw Mr. Ruhul Quddus in this connection on several days along with Mr. Md. Mohsin. It is quite false to say that on my repeated visits to Mr. Ruhul Quddus, he got annoyed and told Mr. Mohsin and myself to
Record of Proceedings, Agartala Conspiracy Case • 221
go away from his office. It is wrong to say that I have falsely implicated Mr. Ruhul Quddus because of any such incident. I do not even know whether Mr. Ruhul Quddus was a member of the Board of Directors of the Agricultural Development Corporation.
I do not remember if I mentioned to the police in my first statement that Lt. Moazzem Hossain had told me that he could not stay beyond the 29th August in Dacca, as he had not taken official leave (not so mentioned). I do not remember if I mentioned this fact to the Magistrate in my confession (Not so recorded).
To Mr. Naziruddin Ahmed.
There were two meetings of the party in December, 1965 at Karachi. It is incorrect that Mr. K.G. Ahmed had attended the first meeting at Karachi in December, 1965 in the house of Lt. Moazzem Hossain. I did not say to the police in my first statement that each of the two meetings was attended by the following Members, namely, L.S. Nur Mohammad, Mr. Ahmed Fazlur Rahman, Lt. M. Moazzem Hossain, Ex-Corporal Samad and Mr. K.G.Ahmed and I (so recorded). I did not say to the Magistrate that sometime in December, 1965 two important meetings of the selected party-members were held at Karachi – one in that of Lt. Moazzem Hossain house at Karsaz and the other at Ahmed Fazlur Rahman’s and that Lt. Moazzem Hossain, L.S. Nur Mohammad, Corporal Samad, Mr.A.F. Rahman, C.S.P., K.G. Ahmed of N.S.C. and I attended there (so recorded). After my statement to the Magistrate was over, it was read over to me and I admitted it to be corrected. By my statement to the Magistrate, I had not intended to specify that all these persons named had attended both the meetings. I am not aware that Mr. K.G. Ahmed says that he was not present at both the meetings. I do not know as to what Mr. K.G. Ahmed stated about the first meeting.
To Mr. Ataur Rahman Khan.
I feel happy that I am an approver and not an accused. I was aware of the connotation of the term “confession before I made a confession before the Magistrate. I did not, however, know at that time where when
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and how such confession has to be made. I had no papers with me to which I could refer to refresh my memory, at the time I made my statement to the Magistrate. I made the entire statement to the Magistrate from my memory. I think the time taken to record my statement by the Magistrate was from 9 A.M. to 3 P.M. without any break. I cannot remember how many pages it was recorded on. The Magistrate was writing the statement in his own hand. I do not remember on how many pages of that statement I signed. I had agreed to become an approver after I made the confessional statement to the Magistrate, but a few days before the 23rd May. This was an interval of 2/3 days. Major Naser, when he had asked me whether I was willing to be an approver, had told me that after giving evidence as an approver I would be a free man.
I had matriculated from the Brahmangaon High School which is in Lohajong P.S. in 1948. I worked for 3 or 4 months in a leave vacancy in the Public Health Department as a Health Assistant. My duty was to vaccinate the people in the villages. This was probably in 1949 or 1950. I joined the PAF on 10.7.52. Between relief from the Health Department and joining the PAF, I did nothing; I just stayed at home. I passed my Intermediate Examination from Karachi University in 1960. My subjects for the Intermediate Examination were: English, Bengali, Civics, Economics, Islamic History and Islamic Studies. I took my B.A. Honours in Economics from Karachi University in 1963. I got a Second Class. My subjects for the Honours in B.A. were: International Economics, Monetary Economics, Economic Thought besides English and Islamic History. Again said Political Science and Islamic History were my subsidiary subjects in B.A. Honours. I got myself admitted for an M.A. in 1964. The papers for my M.A. (Economics) were: (1) Monetary Economics, (2) International Trade and (3) Economic Thought. There were in all six papers two papers in each subject. I was attending classes for the Intermediate B.A. and M.A. with the permission of my superior Officer and I used to work in the second shift in the office, i.e. from 1 p.m. to 7 p. m (The witness now says, “I recollect that there was another subject also, namely Statistics, in the M.A. as well as in the B.A. Honours”).
Record of Proceedings, Agartala Conspiracy Case 223
“Elder brother” in Bengali would be called either as “Bara Bhai” or “Baro Bhai”, I would normally say “Baro Bhai”. The code name of Sheikh Mujibur Rahman was “Parash” and of L.S. Noor Mohammad “Shabuj”. While giving evidence in this Court I pronounced these words as “Paras” and “Sabaj.” It is right that I gave these pronunciations because of my indoctrination in West Pakistani dialect. I have not forgotten my Bengali.
I always remembered that the diaries were in my bag in the office Store. I had told the Choukider of my office when leaving for Karachi that my bag was in the Store Room but I did not tell him about the contents of the bag. The key of the Store Room used to be with me while I was here but I had to give it to another Clerk when I was leaving for Karachi. I cannot say if the Clerk also knew of the existence of my bag in the Store Room. My bag was lying on the shelf in the Store Room. There were one or two racks in the Store Room.
The miseries of East Pakistan that Lt. Moazzem Hossain had talked about, in the first meeting, were: First that we were not getting jobs in the Govt. proportionate to our numbers, secondly all the industries were being set up in West Pakistan and very few in East Pakistan. He also said that our proportion in the three armed services of Pakistan was also less than that of West Pakistanis. He also stated that no Bengali had been appointed C-in-C in any of the armed services. He also said that the foreign exchange earnings from jute, of East Pakistan, were being spent in West Pakistan. I believed all this. I had also some personal experience of this matter. We were also told that the resources of East Pakistan were being exploited for the benefit of West Pakistan. I had no occasion, however, to compare actually the conditions in East Pakistan with those of West Pakistan – with reference to these miseries. It was also said by Lt. Moazzem Hossain that all the powers were concentrated in the Central Govt. and the Provincial Govt. of East Pakistan had no powers. There were Major Generals from East Pakistan in the Army. I know one Major General from East Pakistan, namely, the son of Khawaj Shahabuddin, Minister. I do not know how many Major Generals there are in all in the Army. The highest office held by the East Pakistanis in
224. Record of Proceedings, Agartala Conspiracy Case
the Air Force is up to Wing Commander. I know that Ex/Wing Commander Baqui was from East Pakistan. I cannot say when he retired. I do not know how many Wing Commanders are there in all in the Air Force. A Wing Commander is a commanding officer of an independent unit in the Air Force. There are four ranks above the rank of Wing Commander in the Air Force. One, Chowdhury, from East Pakistan was a Commodore in the Pakistan Navy. He had, however, retired earlier than the setting up of our organization.
I am aware that there are political parties in existence in East Pakistan. I know of the Muslim League, P.D.M., N.A.P. and Awami League, P.D.M. stands for ‘Pakistan Democratic Movement. I cannot say if the Awami League was formed in 1949 but it was started by Mr. Shahid Suhrwardy. I know that the demand of the Awami League was for regional autonomy. I believed then that this would be the solution for all the ills of East Pakistan.
I am not aware whether there was any East Pakistani as Secretary in the Central Secretariat of Pakistan. This point was not mentioned in our meetings. We thought that the people in East Pakistan would support us in our movement for separation of East Pakistan from the centre.
I cannot give the causes of these disparities which have been mentioned above. It was said in our meeting that these disparities had been created by the Central Govt. and I believed it. At the time when our movement was on, I would have been happy if East Pakistan had been separated from the Centre. I am not now unhappy that our separatist movement has not succeeded. In fact, I am happy that East Pakistan has not been separated. I had changed my feeling when I left this organization. I had not left the organization on a question of principle as to whether the movement should go on or not. I had separated from the organization because of some differences on the question of accounting and also because I had begun to think that East Pakistan should not be separated from the centre. I was asked by the police why I had left the organization but not by the Magistrate. I had not mentioned this difference on the question of principle however, to the police.
Record of Proceedings, Agartala Conspiracy Case 225
I had not talked about this movement of ours to any one after leaving the organization. No one even questioned me on this movement before my arrest. I do not know if Awami League was demanding the establishment of a Military Academy, Naval Headquarters and Ordnance Factory in East Pakistan.
The Ittefaq is a Bengali daily news-paper. I do not read it. I have heard of the 6 points programme of the Awami League. I never heard that after this programme was put forward by the Awami League, it was being described as a Secessionist movement. Up to April, 1966, I had considered the Separationist movement to be a noble cause. After I had gone through the life history of the Quaid-e-Azam, I changed my mind about the cause of being noble. I read the life history of the Quaid-eAzam on the 15th or 16th April, 1966. I have forgotten the name of the book or its author. But the author was an Englishman. I cannot say how many pages the book contained. I got the book from a library in the New Market. Prior to that, I had not read the life of Quaid-e-Azam. I know, however, that the Quaid-e-Azam achieved the independent of Pakistan. I have heard of the Lahore Resolution. I was influenced by the facts which were given in that book as to how India was treating the Muslims and that changed my whole attitude. That book helped me to refute the arguments given by Lt. Moazzem Hossain.
I know Hamid Molla who had a brother Samad Molla. Jamaluddin Mal is my sister’s husband. His son is Omar. His full name is Abdus Samad but his nick name is Omar. We had some landed property in the Village. We used to give the lands for bargal cultivation to others. I did marry Mossammat Hajera, daughter of Amir Molla in 1950 or 1951 and I later divorced her in 1960 or 1961. Her brothers are Hamid Molla and Samad Molla. When I stated in this Court that in 1967 I married for the first time, I was not making the false statement because that was the only marriage I contracted myself whereas the earlier marriage was arranged by my father. I had written letters to Mussammat Hajera, my first wife, during our marriage. My number in the P.A.F. was Pak. 71149, Billet No. 52/3. I got a child from my first wife, Hajera, but the child died. I had divorced my wife because of difference of opinion between us. I had
226 . Record of Proceedings, Agartala Conspiracy Case
wanted to take her to West Pakistan and she refused to go. This difference went on from 1956 until the time of divorce. I cannot say from what time I began ceasing to love my wife. It is obvious that I may have addressed my wife ‘most beloved in a letter to her in November, 1958. I may have discussed domestic matters in my letter to her in that year. I do not remember if she was pregnant in 1958. May be that I suggested to her in that letter that she should take all the precautions about food and other things. I do not remember if I said in any such letter that I dreamt of her every night. I have now read to myself, the last part of the Bengali letter now shown to me, which is marked Ex. DB/20. It does recite that I used to dream of my wife every night. This letter is dated the 21st November, 1958. (The English translation of this letter will be put in by the defence and will be marked Ext. DB/20A.) (The witness was handed over a slip of paper which is in Bengali and asked to say whether he could translate it into English.) The witness said this means “it was told by Sirajuddoula that like Mir Madan and Mohan Lal would be born after some years for the independence and like that there would be by their side this Mir Jafar and Umichand for their ruin, I am myself also a Bengali. I am also one of the last party members. For this, there is no surprise.” (The slip is now marked as Ext. DB/21. Its English translation should be put in by the defence and shall be marked Ext. DB/21A.)
One, Nurul Huq, is the son of Yeasin Akhon. I had some jute business with him last year in Laokhola Bazar. It lasted for about 2 or 3 months. I am on friendly terms with him but I cannot describe him as a very dear friend. It is wrong that at my instance, Nurul Huq, was brought to the Cantonment to make a false statement against Sk. Mujibur Rahman. I do not even know if he was brought to the Cantonment. For some time I had wheat business also, while I was in service with C.S.O. I also kept the wheat in D.N. Sen Road where I used to reside. It is wrong that I was turned out of that house for that reason. This house contains 6 rooms. I had taken the permission of the landlord for storing wheat there. It is wrong that because I did not take permission for storing the wheat there he turned me out of that house.
Record of Proceedings, Agartala Conspiracy Case • 227
The place where I had a meeting in Mahakhali is about half a mile from the Air Port building towards the east. I Ķnow the T.B. Hospital in Mahakhali. The place of meeting may be la furlong from the T.B. Hospital, to the south of the Hospital. We held the meeting in the open. To the northern side of the place, there is a cutcha house’. This place of meeting is 500/600 yards from the road to the Hospital, towards the south. We sat on the grass for that meeting. This was in early March but I cannot give the exact date. This may be in the second week of March. It was a moonlit night. It was not full-moon but I do not remember whether it was near full-moon. The meeting was after the sunset. The meeting lasted for about half an hour. The meeting was arranged by Corporal Samad, and he undertook the responsibility of informing all the members who attended. I did not know previously all the persons who assembled there at the meeting. Samad and I went together to the meeting place. When we arrived at the meeting, only one or two persons were there and the others came later one by one. Besides the persons when I have named, 10/12 other persons attended the meeting whose names I do not know. They were not introduced to me. Samad knew them and he told me that he had inducted them all. They were members of the services. Now I would not be able to point out those 10/12 persons. I knew the persons I have named, as attending that meeting. They talked to me and I saw them in the moon-light.
It was in March, 1966 that Fl. Sgt. Haque met me in Arzoo Hotel, Dacca for the first time. He and J.T. Chowdhury met me there on that occasion. Flight Sergeant Haque was not attending a meeting on that occasion. What I meant by saying yesterday that I contacted Sergeant Haque was that I contacted him when he came to my hotel Arzoo. I met him a few days before the meeting in Muhakhali. Flight Sergeant Haque had come to my room in Arzoo Hotel and told me his name and his job, there. Flight Sergeant Haque’s job was to give instruction to the boys. I do not know if he was also required to attend in the library in connection with his job. It may be that the attendance register is kept in the library for showing attendance of persons required to be present there. I had told the Magistrate that one of the persons attending the Muhakhali meeting
228 . Record of Proceedings, Agartala Conspiracy Case
was Flight Sergeant M.A.Haque, Educational Instructor. He was introduced to me as M.A. Haque by Z.H. Choudury. I did not mention in my statement to the Magistrate that it was Flight Sergeant Fazlul Haque who attended the meeting. This introduction to me took place at the Arzoo Hotel when I met him for the first time. Mr. Z.H. Choudhury had come with him to the Arzoo Hotel. Before that, I did not know him. I had known Z.H. Choudhury from 1965. He was a L.A.C. in 1965 i.e. Leading Aircraft man and in 1966 he became J.T. that is, Junior Technician. Z.H. Choudhury was a member of our organisation. I do not know if he was arrested in Karachi or not. I did not hear about him anything afterwards. I did state to the Police that the persons who attended the Muhakhali meeting offered their cooperation (not so recorded).
Record of Proceedings, Agartala Conspiracy Case • 229
SPECIAL TRIBUNAL
Record of Proceedings
16.8.1968
Present Mr. Justice S.A. Rahman, H.Pk.,
Chairman.
Mr. Justice M.R. Khan, S.Pk.,
Member. Mr. Justice Maksum-ul-Hakim,
Member.
For the Prosecution: As before.
For the Defence: As before.
Witness on oath: As before.
Accused present: As before.
Cross-examination of P.W.3, Amir Hossain Mia,
continued:
TO MR. ATAUR RAHMAN KHAN.
I see in the last line of the Bengali letter Ext. DB/20, it is said that I have got admitted into M.A. class at the Karachi University. This is correct. The recital in this letter, however, that I got admitted into M.A. class at that time is incorrect, and what I have stated about my getting admission into M.A. class in 1964 in this Court is correct. It is wrong that I had not got an M.A. degree. I have got a provisional certificate for M.A. in my
house. I will be able to bring it if I am permitted to go to my house. The result, I think, was out in September, 1964 and it was gazetted.
TO MR. NAZIRUDDIN AHMED.
I do not remember if I stated to the Magistrate in my confession that Mr. K.G. Ahmed also promised to arrange funds for the party work in Dacca.
TO MR. ABDUS SALAM KHAN.
I do not remember if in November, 1967 the National Assembly was sitting in Dacca. I do not know if a law was passed at that time amending the Army Act and making the civil personnel jointly triable with the Military personnel, for certain offences. It may be that the President of Pakistan visited East Pakistan in those days and went to Khulna and Chittagong also. I do not know if any news came out in foreign papers that at about that time there was an attempt on the life of the President.
In March or April, 1966 I got hold of some pamphlets – again said it was actually on Bakr-ead day that I collected some pamphlets relating to the six-points programme of the Awami League. It may be that the President and the Ministers and other public servants reacted strongly against this the six -point programme. I am not aware whether the big leaders of the Government and the President declared at that time that this movement must be crushed, as it was a secessionist movement. It is not correct that because of any such declaration of the Government leaders, attempts were made to collect evidence to show that such a separatist movement existed. It is not correct that I had helped the investigation to fabricate any such case.
It is incorrect that my bag which was seized by the Police was one which I had taken with me to Karachi and with which I arrived in Dacca. It is incorrect that my bag contained nothing but my own personal diaries and personal effects and nothing else. It is incorrect that I did not receive the diaries and the letters which I have proved in this Court, at the time which I have mentioned for this receipt by me. No questions were asked from me about this diary and letters at the time when I separated from the organisation.
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I think, it may be after the 15th March that I had moved to the house, 107, D.N. Sen Road. This was the time also when I had rented the house. The rent of the house was Rs. 250/- per mensem. I do not know the names of the persons other than Sheikh Mujibur Rahman, Mr. Ahmed Fazlur Rahman, Mr. Ruhul Kuddus and Manik Choudhury who may have contributed to the party funds. Besides the money contributed by these four persons whom I have named, I might have got Rs. 24,000/from others. This money had been collected by Std. Mujibur Rahman and L.S. Sultanuddin, but it was brought to me. I did mention in my police statement that I had received this amount of Rs. 24,000/- as subscriptions from others besides these four persons (not so recorded). I did not mention this fact, however, to the Magistrate in my confession. This Rs. 24,000/- came to me after I had come to Dacca.
Rs. 3,000/- that were taken from Manik Chowdhury were not sent to Karachi. This Rs. 3,000/- and Rs. 500/- which I had retained out of Rs. 5,500/- received from Mr. Ahmed Fazlur Rahman, were all spent by us in Dacca. Rs. 1,500/- was given to me at the time I separated from the organisation for the house rent.
I did see the account book of Lt. Moazzem Hossain in respect of party funds. He had, however, not shown the accounts to me at the time I had hot words with him over expenditure. In no meeting did Lt. Moazzem Hossain produce any account book to show what he had received and what he had spent. I had shown all my accounts to Lt. Moazzem Hossain at the time when I exchanged hot words with him. I had only talked to Steward Mujibur Rahman and L.S. Sultanuddin about my suspicion that the party funds had not been properly spent. This was before I separated from the organisation. I had not seen the accounts of Lt. Moazzem Hossain at the time when I had this talk with these two persons. It is incorrect to suggest that my story that I had hot words with Lt. Moazzem Hossain over the question of accounts is fictitious and false. I did not think of it as a device to save myself from the police or to absolve myself from the so-called organisation. It is incorrect that his story was evolved between the police and myself.
Record of Proceedings, Agartala Conspiracy Case 233
L.A.C., M.A. Nawaz, J.T., Z.H. Chowdhury and Sgt. Miah were at the time of the Mahakhali meeting, in the P.A.F. at Dacca. I had explained in that meeting, the progress made by the movement. At the time of that meeting, the highest secret of our party work was that arms, ammunitions and funds would be coming from India.
I did tell the Magistrate as is recorded that I directed Samad to pay for the travelling expenses of those attending the meeting in Arzoo Hotel, It is correct that I had told the police that I asked Samad to pay for their travelling expenses. I don’t remember how much money was paid to them. The payment was made by Samad not in my presence so I cannot say to whom he actually handed over the money.
In the letter Ext. P.W.3/11 (translation Ext. P.W.3/11A) the sentence reading “Baro Bhai Saheb should not misunderstand me” does not mean that Lt. Moazzem Hossain did not approve of Sk. Mujibur Rahman’s deal with India for arms, ammunitions and funds. I did say to the police, as has been read out to me, “In the letter in Bengali he mentioned ” we have made some development of our work with foreign country at our end” indicates and arms deal with India and he apprehends that it may not be approved by Lt. Moazzem Hossain (Baro Bhai),”
Lt. Moazzem Hossain had written to me to say that he would be arriving in Dacca on 12″ or 13″ March, 1966 but he actually came on the 12″. I think he arrived here at mid-day. I cannot say what day of the week it was. Even for coming on any week day to Dacca it was open to Lt. Moazzem Hossain either to take leave or not to take leave, from his superior. I cannot remember if I mentioned to the Magistrate in my confession that when Lt. Moazzem Hossain arrived on that occasion I took him in a hired taxi from the Airport to Aleya in Dhanmondi or that Steward Mujibur Rahman had accompanied us on that occasion. (Not so recorded).
I do not remember if I told the Magistrate in my confession that Steward Mujibur Rahman came in the evening and he was sent by Lt. Moazzem Hossain to Sk. Mujibur Rahman to fix the time of the meeting (not recorded). I do not remember if I stated that Lt. Moazzem Hossain, Steward Mujibur Rahman and I went to the Bus Stand from where we were picked up by Sk. Mujibur Rahman in his car at about 7
234 • Record of Proceedings, Agartala Conspiracy Case
30 p.m. (not recorded). I did give to the police the details that Std. Mujibur Rahman and I had received Lt. Moazzem Hossain at the Dacca Air Port and had taken him in a taxi to Aleya in Dhanmondi and that later Lt. Moazzem Hossain had sent Std. Mujibur Rahman to fix a time of the meeting, to the Sk. Mujibur Rahman and subsequently we had gone to the bus stand and were picked up in the car by Sk. Mujibur Rahman (Not so recorded). No new member had attended that meeting at Tajuddin’s House. At this meeting, there was no special reason why Lt. Moazzem Hossain should have said that he would not accept anything except the independence of East Pakistan. In other meetings, if something similar was said that was for the benefit of the new persons attending such meetings. It is not correct that I am saying this because I feel that otherwise, the conspiracy case will fail. I know what “agenda” means. There was no agenda fixed for the meeting at Tajuddin’s house. I cannot say why Lt.Moazzem and. Sk. Mujibur Rahman went and talked in another room while the meeting was going on. No Captain was present from Joydevpur nor was Daliluddin present in that meeting. (The learned Counsel asked the witness the question whether any notes were taken down when it was announced in the meeting that Daliluddin and a Captain from Joydevpur will be the delegates for the meeting). The witness says “no conspirator would record such things”. Again said “I mean to say that this applies only to that meeting and no notes were kept of what was said there. I did tell the Magistrate in my confession that at Tajuddin’s house it was also declared that Habilder Daliluddin and L.S. Sultanuddin would attend for training in Guerrilla warfare, in Rangamati Hill Tracts (not so recorded). At the time of this meeting, the concrete proposal we had was that arms and ammunitions and funds will be brought from India. There was, however, no time fixed by which the arms and ammunitions were to arrive. For the training in Guerrilla warfare, some arms and ammunitions would be necessary.
Shafi, ex-private servant of Lt. Moazzem Hossain, when coming from Karachi to Dacca, had not brought any arms with him. In the letter dated the 19th March, 1966 to me, Lt. Moazzem Hossain had said that Shafi would bring small arms but he actually brought none.
Record of Proceedings, Agartala Conspiracy Case 235
It may be that Lt. Moazzem Hossain was trying for his transfer from 1963.
With the letter dated 30th March, 1966, received from Lt. Moazzem Hossain, there were one or two chits, I cannot remember exactly. I kept these two chits with myself. Those chits were seized by the police. I saw one of those chits when giving evidence in this Court. I did tell the police that the letter dated the 30th March, 1966 was handed over by me to Mr. Ahmed Fazlur Rahman (not so recorded). I did not tell the police “I can identify the letter and chits if shown to me. Those were also seized by the police”. (Not so recorded). It is not correct that Rs. 5,000/- which I sent by Bank Draft to Lt. Moazzem Hossain was not out of Rs. 5,500/- which I collected from Mr. Ahmed Fazlur Rahman but was some other money. It is not correct that the money I sent to Lt. Moazzem Hossain was not for an unlawful purpose. It is not correct that the chits were fabricated in order to lend support to the story.
On the occasion that Sk. Mujibur Rahman gave Rs. 4,000/- to Std. Mujibur Rahman in my presence, he had not asked what immediate need was for this money. This money was given in the drawing room. I do not know whether Ex-Commodore Jamil used to live in Karachi. I lived for about 8 years on Drigh Road, Karachi. I do not know if Ex-Commodore Jamil also lived on Drigh Road. I never tried to contact him.
I do not remember if I mentioned in my confession to the Magistrate that I had made the suggestion to Lt. Moazzem Hossain that he should purchase arms from the tribal territories of West Pakistan (not so recorded). I know Golam Mohammad. I did not state to the Police. I did not know Golam Mohammad (so recorded).
I had met Dr. Saidur Rahman and Bidhan Chandra Sen only once at Chittagong. Again said, these two persons used to come sometimes to me in Dacca. I cannot give the exact dates on which they came to me. They came to me on 2/3 occasions. I cannot even give the month. They just came to me on friendly visits. It was not necessary that they should come to me together. Sometimes one came and sometimes the other. I recall now that on the 23rd April they once came to me and stayed at the Green Hotel. I do not know where they stayed on other occasions. I did not
236. Record of Proceedings, Agartala Conspiracy Case
know whether they stayed in any hotel on those other occasions. I had not asked them to come and meet me in Dacca. At that time I was residing at 107, D.N. Sen Road. Before the month of April, 66, they had come to see me at my office. When they came I entertained them to tea. They met me in my room. There were no other employees in my room. I sit alone in my room. It was the peon who brought tea and sweets. He was my office peon. I cannot give his name. (The witness was asked by the Court as to why he could not give the name). He says, ‘I do not remember his name’. On this occasion, I had not asked them to give me any money. I did not mention their meeting me on other occasions in my statement to the Magistrate and I do not think, I mentioned it to the police. I had been to Joydebpur once before this occasion when I met them. On that occasion, I had accompanied Sultanuddin to Joydebpur and met one or two persons only. I cannot name those persons. Those persons had been introduced to me by Sultanuddin, but I cannot remember their names. This visit took place in March, 66. In those days, Sultanuddin was posted at Chittagong. I did not state to the Magistrate that we visited Joydebpur on the 25th April, 66 (so recorded). (Mr. Manzur Qadir points out that the preceding sentence in the confession is that probably on 24.4.66 Dr. Saidur Rahman and Bidhan Sen came to his house and on the next day he went to Joydebpur). I did not say to the police that “probably on 25ch April, 1966 I, Dr. Saidur Rahman and Bidhan Sen went to Joydebpur” (so recorded). I know that if somebody gives false evidence he is liable to prosecution. We went to Joydebpur in two baby taxis. I cannot say what the distance between Dacca and Joydebpur is.
Taxi cars are available in Dacca. The baby taxis which we took were for the return journey. Rs. 16/-was paid as fare for these taxies.
I cannot say whether Joydebpur is 24 miles from Dacca. It may be or may not be. We stayed at Joydebpur for a few minutes. One can go to Joydebpur by bus as well as by train. Bidhan Chandra Sen and Dr. Saidur Rahman were not known to the persons we met at Joydebpur, before. We had met these persons at the gate of the Army station at Joydebpur. We had not sent any man earlier to announce our arrival. We found 2 or 3
Record of Proceedings, Agartala Conspiracy Case 237
persons waiting for us at the gate. Again said, they were just there at the gate. There were sentries at the gate. From the gate, we went to a restaurant in the Bazar and had tea there and then dispersed. This was a public restaurant in the Bazar, that restaurant was about 50 yards from the gate. We stayed at the restaurant only while we had the tea. The owner of the restaurant was there I cannot say how many persons from the restaurant were there. I cannot identify any persons of that restaurant but I can point out the restaurant itself.
I cannot say how much I spent on myself out of the party funds during my stay in Dacca, nor can I say how much I spent on others during that stay in Dacca. I had been to the petrol pump owned by Mr. Ahmad Fazlur Rahman’s wife. I do not know if several embassies are located and several officers of the embassy live on that road. Samad served at the petrol pump up to the end of April, 1966 to my knowledge and after that I do not know. Samad was employed on this pump not merely because he was unemployed but for party purposes also.
Zoha is now living in Bogra.
May be I visited Chittagong in May and June, 1966, for official work or my personal work, I cannot say. On those occasions, I did not contact any of our party members there. Only A.B. Khurshid met me on one of these visits there. I did not discuss with him the question that our noble movement was being destroyed. I had only visited Chittagong once during that period of May, June, 1966 and had stayed at the house of Jetty Inspector Salahuddin Ahmed. I do not remember if I visited Chittagong on the 17th of April, 1966, nor can I remember if I visited Chittagong on the 10th of June, 1966. I cannot remember whether on these two days I stayed at Hotel Miska at Chittagong. If I stayed in the Hotel I must have given my own name and designation. I might have put down my name as Flt. Lt. in a Hotel. I am not a Flt. Lt. however. (The witness was handed over the Hotel Register of Hotel Miska. He was asked to say whether the entry now marked Ext. DB/22 was in his hand.) He says “it is so”. I have described myself as Flt. Lt. in this entry. This was in April, 1966.
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I now see the entry dated the 10th June, 1966 in the Miska Hotel Register, marked as Ext. DB/23. This is in my hand. The Register shows that I stayed in Hotel Miska on that date. I have described myself in this entry as a Statistical Officer. My correct designation was Statistical Investigator.
TO MR. M. M. GOLAM HAFIZ:
My date of birth is 1.2.1934. I passed the Matriculation Examination in the Third Division, as a regular student. I cannot say in what month the result of the Matriculation Examination was declared. It was probably in December, 1947. I had sat for the preliminary test before the Matriculation Examination. I had filled up an application form for appearance in the Matriculation Examination. I do not remember if there was a column in that form showing the age of the candidate. I had mentioned my date of birth in that application. I passed the Matriculation Examination in 1948. I do not know if there was a regulation of the Secondary Education Board that one could not appear in the Matriculation Examination if he was under 15.
Record of Proceedings, Agartala Conspiracy Case 239
SPECIAL TRIBUNAL
Record of Proceedings
17.8.1968.
Present Mr. Justice S.A. Rahman, H.PK.,
Chairman.
Mr. Justice M.R. Khan, S.Pk.,
Member.
Mr. Justice Maksum-ul-Hakim,
Member.
For the Prosecution: As before.
For the Defence: As before.
Witness on oath: As before.
Accused present: As before.
CROSS-EXAMINATION OF P.W.3, AMIR HOSSAIN MIA
CONTINUED:
TO MR. M.M.G. HAFEZ:
The preliminary test before the Matriculation Examination took place probably in December, 1947. I made only one confessional statement to the Magistrate. I was taken out of the Jail in the early hours of the morning of the 18th between 1.30 A.M. and 2.00 A.M. and then taken to the Military custody. I was taken to the Magistrate for my confession at about 9.00 A.M. from the Signals Mess. When I was taken into his room, only the Magistrate was there. Before recording my statement the Magistrate put me no questions. I do not remember if I made any addition or correction to my statement before the Magistrate,
after it was read over to me at its conclusion. I did not say in that confessional statement to the Magistrate that I wanted to be an approver.
The Public Health Department which I joined after Matriculation is probably a Semi-Government Department, but I do not know exactly. I may be 15/16 at the time when I took up that job. It is correct that minimum age for entry into Government or Semi-Government Departments is 18 years. It is not correct to suggest that I did not pass the Matriculation Examination in the year 1940. It is false that I did not pass the Matriculation Examination at all. I had sat in Munshiganj Centre for the Matriculation Examination. I do not remember my Roll number. I had passed the M.A. Examination in 1964. It was Wing Commander A.M. Khawaja who had given me the permission to attend classes for the Intermediate, B.A. and M.A. I was a Corporal when I was attending M.A. classes. I was Supervisor of my section. It would be mentioned in URO and SRO that there are two shifts of workers in the P.A.F. The first shift works from 7.00 A.M. to 1.00 P.M. and the second shift then starts and goes upto 7.00 P.M. It is incorrect that there is no system of shifts in the P.A.F. It is wrong that I never passed the M.A. in Economics or the B.A. (Hons) in Economics or even the Intermediate. I have heard of the famous Economist Lord Keynes. I did study a book by Lord Keynes in Economics in M.A. I have forgotten the name of the book. I cannot remember what his theory on the problem of employment is. I have not heard of the phrase Dialectic Materialism. I know what is the gold standard, but I do not remember it. I do not remember what is the difference between Marginal Utility and the theory of Diminishing Returns. I do not remember how a modern state finances its planning.
It is correct that China is very friendly to Pakistan and that its relations with India are strained. I was selected to be the Treasurer of the party. The reason for my selection was that I was an M.A. in Economics. I am aware that there was a Faridpur Welfare Association in Karachi. I was Joint Secretary of that Association. The aims and objects of the Association were to help the poorer section of East Pakistanis in Karachi and to find employment for those who were unemployed among them. There was a yearly subscription taken from members of the Association. I was not responsible for collecting the funds of the Association. I was selected as Joint Secretary of the Association in the later part of 1964 and continued in that capacity till I left Karachi. It is quite wrong that I was
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expelled from that Association for not rendering proper accounts of the funds. Each time that I joined the Intermediate, or B.A. or M.A. class, I had asked for permission of my superiors. It is incorrect that in the branch in which I was working in those days there was no shift system. I was working in Drigh Road at that time.
TO MR. MD. FAZLUL KARIM:
We gave no name to our party. I was just a worker in the party. We did not have any published literature about the party. We published no hand-bills. We did not circulate any talking points among the members of the party. We regarded Lt. Moazzem Hossain and Sheikh Mujibur Rahman as the ideal heroes of our party. We drew no inspiration from the Naga leader, Phizo.
I know that there is a provision in the present constitution for removal of disparity between East and West Pakistan. At that time when I was in the organization, I did not consider that provision to be adequate. I had gone through the third five-year plan. I do not remember if it was said in that scheme that the disparity between the two wings would be completely eradicated by 1985. At the time I belonged to the party I thought that independence was the only possible remedy for the removal of disparity. I am not aware of the socialist party of Pakistan. I do not know if the present constitution has some similarity to the Lahore Resolution or not. I have seen in the papers the proposal made by some political parties in East Pakistan that there should be a fresh federation based on two economies and two defenses of the two wings of Pakistan. I do not know what is nonviolent non-cooperation. I am not aware of any movement in East Pakistan to start non-violent no-cooperation to achieve such a federation.
The object why Lt. Moazzem Hossain met Mr. Noble of the U.S. Embassy was that we wanted to get arms and ammunitions from America. I never came to know that even in 1966 the U. S. A. Government was preoccupied with a plan to evolve common defense between India and Pakistan in order to counteract communist aggression in South East Asia. I never came to know of a suggestion) that the U.S.A. would never help to create an independent Bengal. I do not know if it is as ridiculous to expect India to help in the creation of an independent Muslim State in East Pakistan. Our leaders thought that we could get aid from them. It is incorrect that I am trying to involve foreign powers in this conspiracy
Record of Proceedings, Agartala Conspiracy Case 243
under the influence of the enemies of Pakistan living in this country and outside, so that there should be no help from those foreign powers.
It is wrong that there was no open field near T. B. Hospital in Mahakhali which was not under water. Actually, there was no water in that field at the time of the meeting. There is Malaria Institute also in Mahakhali. I cannot say on which side of Mohakhali that institute is. I do not remember if the railway-crossing in Mahakhali is near the T. B. Hospital or the Malaria Institute. I have not read the petition of complaint in this Court. I know one of the accused as Sgt. Haque and not as Sgt. Shamsul Haque. His full name, I am not aware of. I identified him in the dock. It is wrong that the Investigating Officer discussed with me before I appeared in Court, the point that Shamsul Haque’s name had been substituted for somebody else name in the complaint in Court. I did not know how many Haques were there in P. A. F. in Dacca in those days. I only know two Haques who were attending our meeting. I do not know the third Haque of the P.A. F. It is incorrect that Shamsul Huq was only a Corporal at the time when he attended our meeting. It may be that he was promoted as Sergeant on the 18″ March 1966. It is incorrect to suggest that he was not introduced to me as Sergeant. I met him at the meeting in Mahakhali, first. There were two Haques who attended that Mahakhali meeting. I had mentioned both of them in my police statement (not mentioned). It is incorrect that I only mentioned Sgt. Fazlul Haque as attending that meeting (so recorded).
To Mr. Abdullah for accused No. 26 Captain Shaukat Ali.
I had the same voice as I now possess, when I was recruited to the P. A. F. My low voice was not, to my knowledge, a disqualification for entering the armed Services. I was medically examined when I was recruited, but they did not test my voice. I do not know that it is necessary for recruitment that a person should have a good voice because he has to utter words of command. I did have some subordinates under me in the P. A. F. I could command them with the voice I now possess. It is incorrect that I lost my voice subsequently and recently.
To Mr. Julmat Ali Khan.
I do not remember if I stated to the Police that the persons we met at Joydebpur were introduced to me by Sultanuddin (not recorded). Nor do I
244 . Record of Proceedings, Agartala Conspiracy Case
remember if I mentioned this fact to the Magistrate. I do not remember if I stated to the police or not that I had phoned up Steward Mujibur Rahman at Chittagong on the night following the 3rd February, 1966 (not recorded). I do not remember mentioning this fact to the Magistrate either (not recorded). I did mention to the police that Manik Chowdhury and Bidhan Sen came to me on the morning of 7th February, 1966 to deliver Rs. 3,000/- to me at Chittagong (not recorded). I do not remember if I stated this fact to the Magistrate in my confession. We had returned from Joydebpur at about 2 or 2-30 p.m. I cannot say at what exact time we had reached there. I had returned from Chittagong after the meeting, by plane. I reached Dacca early in the morning. I cannot remember if I met anyone on the way to Chittagong. I had met Jetty Inspector Salahuddin Ahmmed at Chittagong during my stay there, at his quarter. I cannot give the date on which I met him. After the meeting of the 5th February, 1966 was over and the people had dispersed Steward Mujibur Rahman had remained behind and he had suggested the time for the next meeting on 6h February, 1966. The meeting on the 5th February, 1966 had come to an end at 9 or 10 p.m. The time fixed for the 6th meeting was after sunset. The persons, who attended the meeting on the 6th February, came one by one. Steward Mujibur Rahman was the first to arrive. I cannot remember who came next. Steward Mujibur Rahman had introduced the persons attending at that meeting one by one. I cannot say at what time the meeting ended, nor can I give the exact time when the meeting started. It is incorrect that there was no meeting at Hotel Miska on the 6th February, 1966 attended by Manik Chowdhury and Bidhan Sen. If I were to write my name ending with Hossain, I sometime put down A.M. in front of Hossain and sometime M.A. If I put down A.M. the two letters will stand for “Amir” alone. I believe, I did put a full stop after ‘A’ even if I wrote A.M.
I do not know if Stewards when they are on duty, are on duty for 24 hours, nor do I know that if they are off duty, they are off for 24 hours.
To Mr. Badrul Haider Chowdhury for ……… accused.
My Trade in the P. A. F. was Supply Assistant. (The counsel asked him whether he was a combatant. When the witness was explained the meaning of the terms, he says, “All the members of the Air Force are fighting men”). I know how to throw a hand-grenade. I know that during
Record of Proceedings, Agartala Conspiracy Case 245
the war with India, when news came of the attack by India on Lahore, the East Pakistanis stood by the West Pakistanis like a rock. It is true that the people here in those days, were clamouring for arms so that they could attack the contiguous Indian part. I know that the Bengal Regiment also participated in the defence of Lahore. I am not aware that the East Pakistanis felt frustrated at the attitude of the Central Govt. after the Tashkent declaration.
I was a member of Drigh Road Dramatic Club. I play ‘Tabla’. I cannot say since when I was playing the Tabla. I learnt to play this while I was in the Air Force. I never took part in any drama. It is not correct that I changed my attitude to the revolutionary and separatist movement, on seeing the enthusiasm against India, of East Pakistanis as well as of the West Pakistanis during the war. The suggestion that my explanation of the words “share – holders” as including Sk. Mujibur Rahman, Mr. A.F. Rahman, Mr. Ruhul Quddus and Manik Chowdhury is false and belated, is not at all correct.
TO MR. ABDUL MALEK FOR ACCUSED NO.20, RIS. A.K.M. SHAMSUL HUQ
I do not know if a Steward in the Navy is allocated duty only on alternate days. It is not correct that Std. “Mujibur Rahman consequently could not have attended two consecutive meetings on the 5th and the 6th February, 1966. I resumed my duties in the Dacca Statistical Office on the day that I came back from Chittagong.
I was anxious to know about the progress of the war with India. I used to listen to the Radio Broadcasts in those days. I cannot say on how many different fronts Pakistan had to fight with India in West Pakistan. Nor can I give the number of fronts on which Pakistan had to fight with the Indian army in Kashmir. It was on the 9th September at about 8 P.M. probably that Std. Mujib and L.S. Sultanuddin left for Chittagong to join the base there. It is not correct that they left Dacca for Chittagong earlier than the 9th September. On the 9th September, Std. Mujibur Rahman, L.S. Sultanuddin and I had collected money from Sk. Mujibur Rahman. We had gone for that purpose from Dacca Hotel to his residence. We did not go to any other place before going to his house. We returned to the Dacca Hotel after collecting the money. After that, I accompanied them
246 • Record of Proceedings, Agartala Conspiracy Case
to the Railway Station when they left for Chittagong. I do not remember if I visited any other place on that date. The office hours of the Statistical Office in Dacca are from 7 A.M. to 1.00 or 1-30 P.M. I cannot remember the exact time at which we went to Sk. Mujibur Rahman’s house to collect money. It was in the hours after 12 noon. I entertained the idea of writing my autobiography after I had left the organisation. If I had written my biography I would have included the incidents of my life from my boyhood up to that time. I had not maintained diaries previous to 1965. I would have tried to recollect the main incidents of my life from my boyhood. I cannot say what important incidents in my life occurred in 1951. Nor I can answer that question with reference to 1961. I do not consider the divorce of my first wife as an important incident in my life. Nor do I consider that the birth of my first child is an important event. The suggestion that I never entertained the idea of writing my biography is not correct. It is not correct that I had invented the story of my biography in order to make my statement consistent with the recovery of the diaries.
(No other counsel wishes to put any cross-examination questions). To Mr. Manzur Qadir in re-examination:
(Mr. Manzur Qadir mentioned before starting the re-examination that certain records had been called for the purpose of cross-examination by the learned Counsels for the Defence. He said that those records were made available to them and they had inspected them).
I had given the address as `107, D. N. Sen Road’ on Ext. D.B./2, the telegram I sent to Karachi, although I was living in Dacca Hotel in those days, because my name was not entered as a resident of Dacca Hotel and I had been given this address to be used for my correspondences, by Sultanuddin.
(Mr. Abdus Salam Khan objects to this question and the explanation given by the witness. The objection is over ruled).
(The witness was asked by the learned Counsel as to why it was that they had not taken the advantage of the war with India as an opportune moment to advance their movement. Mr. Abdus Salam Khan objected to this question. The objection is over ruled).
The witness says ‘we did not want that India should conquer Pakistan. We only wanted to be independent with the help of India’.
Record of Proceedings, Agartala Conspiracy Case 247
(Mr. Manzur Qadir wanted to put a question about 700 rupees allegedly paid to Shafi as referred to in the Police Statement of the witness, which has been denied by the witness.
No question can be asked in this context as there is no ambiguity).
(The witness was asked what Lt. Moazzem Hossain did not approve, in respect of the matter referred to at bottom of page 173 of the record). The witness says, “Lt. Moazzem Hossain did not like that Steward Mujibur Rahman and Sultanuddin should directly contact the Indian authorities for the arms and ammunitions.”
(Mr. Manzur Quadir at this stage says that inadvertently he had failed to put a letter in Bengali which had been recovered from the witness’s bag, in evidence and requests that he should be permitted to do so now. This letter is duly entered at Serial No. 40 in the seizure -list. This would of course, be introducing a fresh piece of evidence and on this point the learned Counsels for the defense would be allowed to cross-examine the witness. Permission is granted to question the witness about it).
I have seen the Bengali letter dated 22nd March, 66 now shown to me. It is from ‘Alo’ i.e. Lt. Moazzem Hossain and I received it. It is in his hand writing. (The letter is now marked Ext. P. W. 3764.) It was received in the envelope marked Ext. P.W. 3/65. (The witness adds that this letter was received by Samad and he had handed it over to him.) The letter was addressed to me Clo. Samad on the envelope. I have seen the English translation of this letter now handed over to me marked Ext. P. W. 3/64A. It is the correct translation. What is referred to in the second para of this letter about someone being appointed the “Manager” to run the ‘business”, means the Head of our separatist organisation.
(Mr. Manzur Quadir makes a request that two personal diaries of the witness, which were called for by the learned Counsel for the defence, for the purpose of cross-examination and about which certain questions were put to the witness in cross-examination, should now be allowed to be proved and particularly the lists said to have been included in those diaries in the hand of A. B. Khurshid, on the dictation of Std. Mujibur Rahman and the entries about the petty expenses of disbursement to the members of the organisation. He says that this evidence should have been brought out in the examination-in-chief, but unfortunately, this was not done. We permit him to prove the diaries and the lists contained therein, but we do not consider it necessary for him to prove from the
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witness anything about the petty expenses entries. The learned Counsel for the defence will be permitted to cross-examine the witness on the point thus brought out in the evidence.)
(The witness was handed over two diaries which are now marked Ext. P. W.3 /66 and P. W. 3/67 and asked to say what they were). He says, “they are my personal diaries”. (The witness was asked to point out the alleged lists of persons contacted, written in the hand of A.B. Khurshid in these diaries, on the dictation of Std. Mujibur Rahman. The witness points out six pages in Ext. P.W. 3/66 as containing the list. These pages are marked Exts. P.W. 3/68, P.W. 3/69, P.W. 3/70, P. W. 3/71, P. W. 3/72 and P.W. 3/73.) These entries are in the hand of A.B. Khurshid. In the diary Ext. P.W.3/67, there are two such pages in the hand of A.B. Khurshid, which are now marked Ext. P.W. 3/74 and P.W. 3/75. (Mr. Manzur Qaudir also seeks to prove the entries in the official attendance roll of the witness for the month of November, 1967, this record having been sent for by the learned defence counsel for their purposes but not proved. He says the entries therein did have relevancy to the suggestions made in Cross-Examination and he may be allowed to put questions to clarify the situation in this respect. He is permitted to do so and the learned defence counsels will have the right to cross-examine the witness on this evidence).
I see the attendance roll now handed over to me for the month of November, 1967. I find from this that my attendance is marked in this roll on the 16th of November, 1967 and thereafter from the 17th to the 28th I am marked absent. Again my presence is marked in this roll on the 29th and 30th November. (The relevant entry is now marked Ext. P.W.3/76.) I also see the entry with regard to December, 1967 on another page. I see that I had noted my presence in the office on the 1st, 2nd and 4th December and from the 5th onwards I am shown as: ‘left for Karachi; suspended’.
(The entry is marked Ext. P.W. 3/77). Whenever I attended the office I put down my initials in the relevant column of the Attendance Roll. In the two entries proved by me, my own initials have been given in the relevant column in which I am marked present. What is noted in the December Entry that I left for Karachi, means that I was called to Karachi on official business.
This endorsement was made by the dealing Clerk.
Record of Proceedings, Agartala Conspiracy Case 249
SPECIAL TRIBUNAL
Record of Proceedings
19.8.68.
Present Mr. Justice S.A. Rahman, H.Pk.,
Chairman.
Mr. Justice M.R. Khan, S.Pk.,
Member.
Mr. Justice Maksum-ul-Hakim,
Member.
For the Prosecution: As before.
For the Defence: As before.
Witness on oath: As before.
Accused present: As before.
Cross-examination of P.W.3, Amir Hossain Miah continued. TO MR. ABDUS SALAM KHAN:
I do not remember if I mentioned to the Magistrate in my confession that A.B. Khurshid had written in my personal diaries, lists of persons contacted for the movement, as dictated by Std. Mujibur Rahman (not recorded). I do not remember if I mentioned my personal diaries to the Magistrate at all (not recorded). Nor do I remember if I mentioned this fact to the Police (not recorded). It is correct that these personal diaries have a large number of blank pages. The suggestion that the lists were not written in these diaries at the
time alleged is incorrect. It is also incorrect that I am not familiar with the hand writing of A. B. Khurshid.
I do not remember if I mentioned the letter now marked Ext. PW 3/64 in my confession to the Magistrate (not recorded). Nor do I remember if I mentioned it in my Police statement (not recorded in his statement dated 19th January, 1968).
I do not remember which letter was received by me earlier than this letter. I do not remember if I received any letter in the month of March, 1966 after this letter. May be that I have proved a letter dated 1.4.66 in this Court. This is the only letter which I received C/O Samad. At the time I received this letter, I was staying at Hotel Arzoo. I cannot now remember which were the two letters said to have been written earlier to me in the first paragraph of the letter Ext. PW 3/64.
It is not correct that the entries in the Attendance Roll from the 29th of November to the 4th of December, marked as Ext. PWs. 3/7677, were not made at that time when they purport to have been made. At the time when I have put the question in cross-examination suggesting that I was at Karachi from the 17th of November to the 13th of December, I did not remember whether my Attendance Roll would show otherwise.
Special questions put by defense counsel with permission of the Court:
It is incorrect that I have given evidence in my re-examination and fresh-examination by the prosecution Counsel, after consultation with the Investigating Officer. I see from the entries relating to February in my Attendance Roll, Ext. DB/11, that my attendance is marked in the office on the 5″ of February, 1966. (The witness was asked by the Court how he would explain this entry and how it was consistent with his alleged visit to Chittagong on the 4th of February). He says, ‘I had asked my superior officer to let me go on leave from Monday the 7th of February but I asked for permission to leave the station on the afternoon of the 4th.
252 . Record of Proceedings, Agartala Conspiracy Case
It was on the afternoon of 4th February that he permitted me to go away and I marked my presence for the 5th in the Register on the afternoon of the 4h, with the permission of the officer concerned’. The suggestion that this is a false explanation and an afterthought is incorrect. The officer concerned was Siddiqur Rahman, Survey Officer. I do not remember how many days I took leave on that occasion. Now I find from the Attendance Roll that my leave was from the 7th to the 15th of February. I see my casual leave account, Ext. DB/1, this shows that I took leave in February, 1966 for six days from 7.2.1966. There is an endorsement below, in this document that I availed of the leave. The Attendance Roll shows that I rejoined on the 16h of February. The suggestion that the entries in the Attendance Roll are not correct is wrong.
TO MR. ATAUR RAHMAN KHAN:
I cannot now remember how long I stayed in the Arzoo Hotel in February, 1966. The list of persons contacted was entered in my diaries when I was at Chittagong. The entries were not made on the page bearing the date on which they were made. I find that in the document, Ext. P.W. 3/69, there is an entry “Flt. Sgt. M. A. Huq. But it does not say “Sgt. Fazlul Huq” though he is the same man referred to here. It is wrong that I have identified Flt. Sgt. Fazlul Huq in this Court wrongly. The suggestion that I had been shown his photograph by the Police before coming into this Court is incorrect.
TO MR. JULMAT ALI:
I see in the Register of the Dacca Hotel, Ext. P.W. 3/28, that it is recorded that I left the Hotel on 4.2.1966 and in the column “where to go” it is written “Karachi”. This word ‘Karachi’ is not in my hand nor was it written in my presence. My signature appears at the end of the entry after this column, but this column was blank when I signed. I was not asked at that time where I was going though it is usual to ask such a
Record of Proceedings, Agartala Conspiracy Case 253
question. Actually, the entry in the columns of the date of departure and time and ‘where to go’, all three, is not in my hand. It is incorrect that these entries were put down on my dictation and that after seeing them I signed my name.
(None of the other Counsel wishes to put any further question… …..PW3 (partial), PW4, PW5 and PW6 (partial) documents missing…..
254 . Record of Proceedings, Agartala Conspiracy Case
6. Mirza Md. Rameez
7. Capt. A. Alim Bhuyan
8. Corporal Jamaluddin
9. Corporal Sirajul Islam
Deposition of P.W. 6. Mirza Mohammad Ramiz. My name is Mirza Mohammad Romiz son of late M.M. Siraj. My age is about 39, by faith Muslim, resident of Dhanu, P.S. Roopgonj, Dist. Dacca.
(The witness is on oath)
I joined Pakistan Air Force in April, 1952 as a Commissioned Officer. I was released from P.A.F. in March, 1962. In the same month in 1962, I joined the P.I.A. as a Commercial Officer. I was posted as District Manager in the P.I.A. at Chittagong in March, 1965. For about 15 days I was living in East Bengal Regimental Central Officers Mess, Chittagong. After that, I shifted to Chittagong town in Mohammad Ali Road. There I stayed for about 3 months and then shifted to 60, Panchlaish residential area. I continued to stay there in a rented house.
I know Steward Mujibur Rahman and A. B. Khurshid since April, 1966. (The witness correctly identified accused Steward Mujibur Rahman and A.B. Khurshid in the dock). I have known Lt. Moazzem Hossain since May, 1966. One day in May, ’66. Lt. Moazzem Hossain along with Steward Mujibur Rahman and A.B. Khurshid called on at my residence at 16, Panchlaish, Chittagong. (At the request of the learned Counsel for the prosecution, Mr. Manzur Quadir, Lt. Moazzem Hossain was sent for and brought into the dock. The witness correctly identified Lt. Moazzem Hossain in the dock.)
Lt. Moazzem Hossain discussed with me about the welfare of ExNavy personnel and Ex-Air Force personnel. Std. Mujibur Rahman and Khurshid were also present at the discussion. Before leaving, Lt.
Moazzem Hossain asked me to call on his house at Nasirabad Housing Society. He gave me his address as well. After about a fortnight I made a return call on Moazzem Hossain at his residence at Nasirabad Housing Society. When I went there, Steward Mujibur Rahman and A.B. Khurshid were also present then. In that meeting Lt. Moazzem Hossain took me into confidence and stated that the fate of East Pakistan could not be made through constitutional means, and something violent was essential. I agreed with this thinking. Thereafter, Lt. Moazzem said that he was organising a resistance force comprising of Ex-servicemen, for staging an armed revolt for securing the independence of East Pakistan. I was impressed with his thinking and ideas and agreed to assist him as far as I could.
In the month of June, ’66 I again called on Lt. Moazzem Hossain at his residence in Nasirabad Housing Society, Chittagong. On this occasion Lt. Moazzem Hossain disclosed to me the object of the organisation. The object was to overthrow the Government by force and to secure independence for East Pakistan comprising the existing boundaries of East Pakistan. In this meeting he showed me a diary, an exercise book and a folder and asked me to go through the contents therein, I went through the contents. These contents gave the outline of the proposed Government. I read therein that all properties would belong to the State, industries were to be nationalised, the currency system was to be changed into coupon system, corruption was to be completely eliminated and in short, the booklet depicted an entirely model State. I was impressed with what I read in these documents and requested him to introduce me to the front line workers of the movement. He also showed me a flag of the proposed new State. It was a flag in green and gold. As far as I remember the insignia of jute was also inscribed on this flag.
While I requested Lt. Moazzem Hossain to introduce me with the front line workers of the movement I also suggested to him that he may call a meeting of his organisation in my residence at Panchlaish. After a
258 . Record of Proceedings, Agartala Conspiracy Case
few days, a meeting was convened in my residence. Besides Lt. Moazzem Hossain, Std. Mujibur Rahman, A.B. Khurshid, Risaldar Shamsul Huq, Havildar Aziz and 4/5 other ratings attended this meeting. I was also there. I was introduced to Havildar Aziz and Risaldar Shamsul Huq in this meeting whom I did not know before, by Lt. Moazzem Hossain. (The witness correctly identified A.K.M. Shamsul Huq in the dock, but after sometimes stated, “I cannot pick out Havildar Aziz in the dock.”) In this meeting Lt. Commander Moazzem Hossain welcomed me in the organisation. After having light refreshment we all dispersed.
I know Capt. Alam. Sometimes in June or July, 1966, Lt. Moazzem Hossain took me in his car to Comilla to the residence of Capt. Alam. I was introduced to Capt. Alam there. I did not know him before. Lt. Moazzem Hossain sent Std. Mujibur Rahman to Comilla to send information to Capt. Alam saying that we would be reaching Comilla on the specified date. (The witness correctly identified Capt. Alam in the dock.) Capt. Mutalib also joined us in that meeting in the house of Capt. Alam. (The witness identified correctly Capt. Mutalib in the dock. In fact, Captain Mutalib stood up in the dock, anticipating his identification.) I did not know Capt. Mutalib before I was introduced to him for the first time on that occasion by Lt. Moazzem Hossain. We had lunch in the house of Capt. Alam and after the lunch, Lt. Moazzem Hossain stated that the programme of D-day would be to capture the ‘KOTES’ (Armouries), of West Pakistani units in Comilla and all other Cantonments in East Pakistan and thus paralyze their ability to fight. He also stated that the action that will be taken will be in Commando style and the surprise will compensate for the deficiency of manpower. Lt. Commander Moazzem Hossain asked Capt. Alam to increase his contacts amongst the servicemen in Comilla. In reply Capt. Alam stated that he was doing everything possible to bring new recruits into the organization. Capt. Mutalib mentioned that he was organizing our movement in the ranks of East Pakistan Rifles and there had been
Record of Proceedings, Agartala Conspiracy Case .259
encouraging response. After that we drove to the Cantonment to the residence of Capt. Shawkat. I did not know Capt. Shawkat before. I was introduced to him by Lt. Commander Moazzem Hossain. (When asked to identify Capt. Shawkat, the witness pointed to Sgt. Abdul Jalil as Capt. Shawkat.) In Capt. Shawkat’s house Lt. Commander Moazzem Hossain asked Capt. Shawkat to increase the contacts amongst the service personnel in Comilla. Capt. Shawkat said that he would do his best to include new recruits in the movement and Capt. Alim and Capt. Huda wanted to know more details about the organisation. Capt. Alim and Capt. Huda were not there but Capt. Shawkat stated that these two officers wanted to know more details about the movement. At this Lt. Commander Moazzem Hossain replied that shortly he would be calling a meeting in Dacca.
That very evening we left for Chittagong in the care of Lt. Commander Moazzem Hossain, I met Capt. Huda for the first time in his flat in Green Road, Dacca, sometime in the last week of July or the first week of August, 1966. (The witness correctly identified Capt. Huda in the Dock). Capt. Nuruzzaman gave me the reference of Capt. Huda and I came and met him in his flat in Green Road, Dacca. In 1965, when I was staying in the E.P.R.C. Mess, at that time Capt. Nuruzzaman also was staying there and that is how I came to know Capt. Nuruzzaman. In the flat of Capt. Huda, I met Capt. Alim and Steward Mujibur Rahman and Lt. Commander Moazzem Hossain also joined us later there. I met Capt. Alim for the first time in Capt. Huda’s flat. (The witness was asked to point out Capt. Nuruzzaman in the dock and Capt. Nuruzzaman at this stage stood up in the dock and gave out his name anticipating his identification.) In Capt. Huda’s flat, I myself and Lt. Commander Moazzem Hossain induced Capt. Alim and Capt. Huda to join our movement and the date of a meeting was fixed. I do not remember that date now. The venue of the meeting was fixed at my flat which was flat no. 8, building No. 12, Mohammadpur Housing Estate, Dacca.
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29.8.1968
It has been reported that Lt. Moazzem Hossain is suffering from Mumps. The doctor has strongly advised his isolation from the other accused persons as the disease is infectious.
This accused may be kept separate from the other accused persons and need not attend the Court till such time as he is declared fit.
Mr. Manzur Qadir, the learned Counsel, for the prosecution has filed a petition before us praying for action against the Editor, printer and publisher of a Bengali evening daily paper ‘Awaz’ in respect of a report published in that paper on the 26th of August, 1968.
Let an English translation of the Bengali Article be put in and an order will be passed tomorrow.
Chairman.
Member
Member.
Record of Proceedings, Agartala Conspiracy Case 261
SPECIAL TRIBUNAL
Record of Proceedings
30.8.1968
Present Mr. Justice S.A. Rahman, H.Pk.,
Chairman.
Mr. Justice M.R. Khan, S.Pk.,
Member.
Mr. Justice Maksum-ul-Hakim,
Member.
For the Prosecution: As before.
For the Defence: As before.
Accused present: As before.
Witness on oath: As before.
EXAMINATION-IN-CHIEF OF P.W.6, MIRZA MD. RAMEEZ CONTINUED:
After returning from Comilla I invited Capt. Nuruzzaman and Lt. Commander Moazzem Hossain to dinner at my residence. This was sometime in June-July, 1966, but I am not definite about the date. After dinner, we sat together and I opened the discussion by explaining the objectives of our organisation. Lt. Commander Moazzem Hossain also explained in detail the objectives of the revolutionary movement to Capt. Nuruzzaman. The latter agreed with our ideas and expressed his willingness to become a member of the organisation. He said, however, that as he was still in active service, he would not participate openly in any of our meetings.
After about a week Lt. Commander Moazzem Hossain and I came to Dacca in the former’s Hillman car and we then contacted Capt. Huda
In respect of the petition moved yesterday against the newspaper ‘Awaz’, prima facie it appears that the paper was guilty of suppressing a material part of the evidence of the witness, Dr. Saeedur Rahman, in so far as no reference was made to what he said as to the truth or otherwise, of the allegations made in his petition to the Home Secretary. This had the tendency of creating a wrong impression in the mind of the readers as to the stand taken by the witness about that application.
We direct that a notice should issue to the Printer and Publisher as well as the Editor of the daily ‘Awaz’ to show cause why action should not be taken for contempt against them by a date to be fixed by the office.
Chairman
Member
Member.
264 . Record of Proceedings, Agartala Conspiracy Case
SPECIAL TRIBUNAL
Record of Proceedings
30.8.1968.
Present Mr. Justice S.A.. Rahman, H.Pk., Chairman.
Mr. Justice M.R. Khan, S.Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member
Mr. Manzur Qadir has moved a petition against the Editor, Printer and Publisher of a Bengali daily ‘Sangbad praying for action in contempt in respect of a report published in the paper dated the 27th August, 1968, setting out the proceedings of the 26th August, 1968. The complaint is that in the prominent headline it is mentioned that the witness, Dr. Saeedur Rahman, had sent an application to the Home Secretary alleging torture to which he was subjected but the fact that he had stated in Court that the allegations were not true is relegated to the body of the report below, without giving this part of the evidence any prominence.
We consider it sufficient to issue a warning to the Editor and Printer of this paper that they should not in future make such a mistake. If prominence has to be given to one part of the evidence, equal prominence should be given to other parts as well so as not to create any unbalanced impression on an unintelligent reader. We hope, this warning will be heeded and the offence will not be repeated.
in his flat. As I have explained yesterday, it was in that flat that we met Capt. Alim and date of a meeting was fixed to be held in my flat in Dacca. I knew that the meeting was held in my flat on the scheduled date but I personally could not attend that meeting. This flat of mine I had obtained by allotment on application to the Commissioner, Works, Housing and Settlement Department, Government of East Pakistan. The application I made is Ext. P.W. 6/1. The Department issued to me the notice Ext. P.W. 6/2 in respect of this flat, in July, 1967, calling upon me to show cause within seven days from the date of issue of the notice, as to why the allotment of the flat should not be cancelled on the ground that I was residing elsewhere and some unauthorised persons were in occupation. Sometimes the family of Capt. Mutalib and his father resided in that flat with my permission. Std. Mujibur Rahman and one Mr. Lutful Huda also stayed in that flat for some time with my permission.
I knew Mr. K.M.S. Rahman, C.S.P. In June-July, 1966, he was Chairman of the Chittagong Development Authority, and we met in various parties in Chittagong and also called on each other’s houses. Once during that period, he had come to call on me at my house and we had a conversation. On this occasion, I explained to him the objectives of our revolutionary organisation. I asked him the question whether if East Pakistan became an Independent State, in his opinion, it could survive in that capacity and he answered in the affirmative. I requested him to help us in organising the movement and he kindly agreed. (The witness correctly pointed out Shamsur Rahman, accused in the Dock).
In September, 1966 I met Lt. Moazzem Hossain again in Chittagong. I cannot remember whether we met on this occasion in his house or in my office. He told me on this occasion that he wanted to convene a party meeting in Dacca to inform the new members like Capt. Alim and Capt. Huda, as to the details of our organisation. A date was fixed for that meeting in September but I cannot remember the date now. The venue of the meeting was fixed in my flat in Dacca. On the specified date I reached Dacca to attend that meeting. Besides myself, this meeting was also attended by Mr. K. M. S. Rahman, Lt. Moazzem Hossain, Capt. Alam, Capt. Alim, Capt. Huda, Capt. Mutalib, Leading Seaman Sultanuddin and Std. Mujibur Rahman. (The witness was asked to point
Record of Proceedings, Agartala Conspiracy Case 267
out L.S Sultanuddin in the Dock. He pointed out to Noor Mohammad, accused in the dock as Sultanuddin).
Lt. Moazzem Hossain opened this meeting by saying that the Indian Government had agreed to provide arms and ammunitions required by the movement. He said that mere talk and discussion would not help us in achieving our objective. Capt. Alim, Capt. Huda and Capt. Alam, all the three, raised the question of leadership of the movement. They suggested that it should be vested in a senior Army Officer. Mr. K.M.S. Rahman intervened at this stage and promised to contact Col. Osmani in this connection. He is a retired Army Officer. Talking about the international reaction Mr. K.M.S. Rahman said that India and the countries supporting her would readily give recognition to our new state. He further said that international considerations would prevent India from violating or encroaching on, our territories. Lt. Moazzem Hossain then also said that Capt. Mutalib would organise the Ex-servicemen in various groups and train them in the use of various arms and ammunitions. I had provided refreshment for the persons attending that meeting. I asked my friend, Mr. Lutful Huda, who was staying in that flat, to bring snacks for them. The meeting lasted for about an hour. Every member present in that meeting assured the Convener, Lt. Commander Moazzem Hossain, that they would maintain secrecy about this meeting and expressed implicit faith in the movement. (The learned Counsel for the prosecution had put a question before this answer came, as to whether anything was said about secrecy in the meeting. The question was objected to and ruled out as not proper. The question was then put by the learned Counsel as to what other things were talked about and the above statement was made).
Mr. K.M.S. Rahman did contact Colonel Osmani at a subsequent date as he himself told me about it. He told me that he had persuaded Colonel Osmani to meet us in Chittagong during his next visit. This information was given to me after about a fort-night of the meeting in my flat.
Sometime in October, 1966, Colonel Osmani went to Chittagong and telephoned me from the office of Colonel Sheikh, Commandant, EPRC Centre, Chittagong. It was Colonel Sheikh who actually spoke to me first over the phone and informed me that Colonel Osmani wanted to talk to me. Knowing the reason for Colonel Osmani to talk to me, I hesitated to
268 • Record of Proceedings, Agartala Conspiracy Case
do so on the telephone. Colonel Sheikh, however, insisted that he was a senior officer and I should talk to Col. Osmani. I then talked to Colonel Osmani over the phone. I told Colonel Osmani that he would be meeting the same evening at 4-30 P.M. in the Cantonment.
That afternoon, Lt. Commander Moazzem Hossain came to my office and then we two went to the residence of Mr. K. M. S. Rahman and asked him to attend a get-together, at the residence of Lt. Moazzem Hossain, as Colonel Osmani was also in town. At about 4 P.M. Lt. Moazzem Hossain and I went to the Cantonment in his car “Moscowitch’. We found Colonel Sheikh and Colonel Osmani strolling on the road between the house of Col. Sheikh and the EPRC officers mess. I began to talk to Colonel Sheikh and Lt. Moazzem Hossain took aside Colonel Osmani and invited him to come to his house, anchorage, to have a light refreshment. We then came back.
After this, Mr. K. M. S. Rahman, Colonel Osmani and Lt. Moazzem Hossain and I myself assembled in anchorage, the residence of Lt. Moazzem Hossain. The object of the meeting was to ascertain that the reaction of Army Officers towards our movement. Since the object was to maintain secrecy we invited only one such officer in this meeting. Lt. Moazzem Hossain opened the meeting and gave in brief, the salient feature of the organization. He further said that he had reached a gentleman’s agreement with the Indian authorities, that when the East wing would be separated from the West wing, India would help in blocking intervention by the West wing by sea and air. He further said that India had agreed to give us a loan immediately. I remember that Col. Osmani and Mr. K.M.S. Rahman listened to this discussion patiently and raised no objection. As Colonel Osmani had no conveyance I sent him my car and directed my driver Ali Ahmed, to drop him in the Cantonment.
In about March, 1967, Lt. Moazzem Hossain was appointed to the IWTA and posted to Barisal. The Headquarters of IWTA are in Dacca. By then Lt. Moazzem Hossain had been promoted to the rank of Lt. Commander. In March, 1967, Lt. Commander Moazzem Hossain, Std. Mujibur Rahman and I myself assembled at my flat in Dacca. By then I had enjoyed the confidence of Lt. Commander Moazzem Hossain and Std. Mujibur Rahman. Lt. Commander Moazzem Hossain told me on
Record of Proceedings, Agartala Conspiracy Case • 269
that day that he had sufficient funds to run the organization. Regarding the sources of the funds, he said that the main sources of the funds were Mr. Ojha of the Indian Deputy High Commission. He told me that he was receiving funds from Ojha through one, Manik Chowdhury. He also said that he had received money from two CSP officers, namely Mr. Ruhul Quddus and Mr. Fazlur Rahman. In that meeting, it was decided to have a house for holding party meetings and to accommodate the wholetime workers in Dacca. In order to increase the sources of the party funds, it was also decided to run a business, so that the whole time workers could also be described as business men. I suggested that Mr. Lutful Huda who had already a business at Chittagong should be asked to help us to organize a business in Dacca.
(The witness was handed over a telegram by the learned Counsel with its cover and asked to say what it was). The witness says “This is a telegram from Lt. Moazzem Hossain received by me, informing me that he was coming to Dacca on Thursday”. (The telegram is marked as Ext. P.W. 6/3 and the cover is marked as Ext. P.W. 6/4). I see from this telegram that I received it on the 29th of March, 1967. This was in connection with the meeting which was proposed to be held in my flat in Dacca, either the next day or the day after. The telegram bears my initials and date, in my own hand. The telegram meant that Lt. Commander Moazzem Hossain was reaching Dacca from Barisal on Thursday and that I should also come over to Dacca. The meeting was held either on the 30th or the day following that.
This meeting was attended at my flat by Mr. K.M.S. Rahman, Lt. Commander Moazzem Hossain, Captain Motalib, Std. Mujibur Rahman, Ex-Corporal Samad and myself. In this meeting we discussed the issue of procuring wireless sets from India and for deputing one of our members to go to India, to get training in working wireless sets. It was also decided in that meeting that a substantial sum would be placed at my disposal for running a business on behalf of the organization. (The witness pointed out accused Samad in the dock correctly).
Two or three days after this meeting I asked Std. Mujibur Rahman to collect the funds for the business from Lt. Commander Moazzem Hossain. He brought an amount of Rs. 25,000/- in cash and handed over this money to me in the presence of Mr. Lutful Huda at my flat.
270 • Record of Proceedings, Agartala Conspiracy Case
In April, 1967, the house at 13, Green Square was hired for party purposes and possession was taken of it, on the first of May. In the month of May, 1967, a number of party meetings were held in that house. At these meetings, we mainly discussed the question of enrolment of new members and the procurement of arms and ammunitions. More than half a dozen meetings took place in that month in that house. Nb. Subedar J.U. Ahmed, Ex-Corporal Samad, Std. Mujibur Rahman and Havilder Daliluddin used to reside in that house. Besides these persons, Lt. Commander Moazzem Hossain, Captain Motalib and I myself used to attend these meetings. Mr. Lutful Huda also resided in the same house, 13, Green Square, and the house had been taken in his name. (Witness correctly pointed out Havilder Daliluddin the accused in the dock).
In one of these meetings, Captain Muttalib brought one, Ali Reza. Lt. Commander Moazzem Hossain knew him before and he introduced this gentleman to me. (The witness correctly pointed out Ali Reza accused in the dock).
In June, 1967, an important party meeting was called at 13, Green Square. This was attended by Lt. Commander Moazzem Hossain, Ris. Shamsul Huq, Naib Subedar J.U. Ahmad, Hav. Daliluddin, L.S. Sultanuddin, Std. Mujibur Rahman, Mr. Ali Reza, Ex-Corporal Samad, Mr. Anwar Hossain of PIA and myself. Mr. Anwar Hossain had come with me from Chittagong and after he was introduced to persons present at 13, Green Square, he was sent away because we had to discuss some secret things. In that meeting Lt. Commander Moazzem Hossain disclosed that in the near future, a team consisting of 2 or 3 members of our organization would be sent to India to negotiate the arms deal and enhancement of financial aid. He also discussed the suitability and availability of the members to be sent. He moreover discussed the targets that had to be captured in Comilla, Jessore and Dacca Cantonments, on the day of operation. This meeting was followed by 2/3 other meetings of operation. This meeting was followed by 2/3 other meetings to finalise the selection of the delegates to be sent to India. We sent telegrams to Captain Muttalib at Peshawar and to Mr. K.M.S. Rahman in Djakarta, Indonesia, asking them to come back. Lt. Commander Moazzen Hossain asked me to lead the delegates to India but I declined. Finally Mr. Ali Reza and Std. Mujibur Rahman were selected as our representatives to go to India. During that meeting we had a restricted conference on one of
Record of Proceedings, Agartala Conspiracy Case .271
the rooms of 13, Green Square and that conference was attended by Mr. Ali Reza, Captain Muttalib, Std. Mujibur Rahman, Ex-Corporal Samad, Ex-Naib Subedar J.U. Ahmed and myself. In this conference Lt. Commander Moazzem Hossain disclosed that our delegates would go to Agartala in India via the Feni border. He said that the exact date of this meeting in Agartala would be announced in a short time.
On the 11th July, 1967, I received a telephone call from Std. Mujibur Rahman from Feni. I received this call at my residence at phone No.5152. He asked me in this message to reach Feni. It had been earlier decided in the meeting that our delegates would stay at Hotel Denofa at Feni. I left Chittagong in my PIA staff car, DODGE DART, for Feni. I also took Anwar Hossain of PIA with me as 1 had to return late at night from Feni. I had been instructed earlier by Lt. Commander Moazzem Hossain to take the delegates in my car from Feni to Belonia on the border towards Agartala. I reached Feni at about 6 P.M. in my car. I found Std. Mujibur Rahman waiting for me outside the Hotel. At that Hotel, I found Naib Subedar J.U. Ahmad, Ali Reza, Ex-Corporal Samad and Hav. Daliluddin, beside Std. Mujibur Rahman. These persons and Anwar Hossain and I took dinner in the Hotel. I then left for rest to the nearest C&B Dak Bunglow. It had been earlier decided that the delegates of our organization would cross the border between 2-30 and 4-30 A.M. Anwar Hossain had also accompanied me to the Dak Bunglow. J.U. Ahmad had also gone up to Dak Bunglow but after leaving me there, both Anwar Hossain and J.U. Ahmad returned to the Hotel.
At the appointed time I took Mr. Ali Reza, Std. Mujibur Rahman, Naib Subedar J.U. Ahmad, Ex-Corporal Samad and Anwar Hossain in my car to Belonia which is about 13 miles from Feni, on the DaccaChittagong Trank Road. I dropped Naib Subeder J.U. Ahmad, ExCorporal Samad, Ali Reza and Std. Mujibur Rahman on the main road near the border. I waited till they disappeared from my sight, going away towards the border. Belonia is about 200 to 300 yards from the Indian border. It had been earlier decided that Naib Subedar J.U. Ahmad would supervise the crossing of the Indian border. He was also to exercise his influence with the EPR personnel in the Border Out Post near Belonia. He had also been instructed, if need be, to bribe these personnel, by Lt. Commander Moazzem Hossain, to ensure safe crossing for our delegates.
272 . Record of Proceedings, Agartala Conspiracy Case
I had travelled to Feni up to Belonia by a DODGE-DART car No. KAE 3194. There is a bridge between Chittagong and Feni at which car toll has to be paid. I paid a toll for that car on that occasion. I see the entry now marked Ext. P.W.575 in the register handed over to me. This relates to the payment of toll of my car on that occasion. I find the number of the car mentioned to this entry as KAE 319. There seems to be another digit after 9, which could be either 4 or 9 in the entry. The entry shows its date as 11.7., but the year is not legible. One Captain Khurshid was introduced to me and he attended the restricted meeting at No. 13, Green Square. He was introduced to me by Lt. Commander Moazzem Hossain stating that he was an active worker of our organisation and had recently reached Dacca on transfer from West Pakistan. At that time we were discussing the crossing into Agartala. He participated actively in the discussion. (On being asked to identify Captain Khurshid in the dock, the witness says, ‘I have seen him only once for a few minutes and I cannot pick him out now’). Sometime in July, 1967, I came down to Dacca from Chittagong and I met Mr. Ali Reza at his residence at Laboratory Road, Dhanmondi. I went there to enquire from him about their discussion and about their visit to Agartala. I remember, Mr. Ali Reza told me that he and Std. Mujibur Rahman were cordially received at the border by an Indian Captain. Later, they were driven to Agartala and met a Colonel and a Major who were representing the Indian Government. There he was assured that our demands for arms and ammunitions and financial aid would be given due consideration and the result would be communicated through the Deputy High Commissioner for India in Dacca. These demands included substantial financial help and arms and ammunitions. I now remember that in one of the restricted meetings, Lt. Moazzem Hossain had handed over a list of arms and ammunitions, to Mr. Ali Reza. This list included arms like machine-gun, sub-machine gun, hand grenades etc. I had gone through that list. I also asked Mr. Ali Reza in that meeting whether he had brought the promised amount of two lacs of rupees from Agartala. Lt. Moazzem Hossain had told me that the Indian High Commission Officials had promised that as soon as the delegation reached Agartala, they would be given rupees two lacs. Mr. Ali Reza told me that the Indian Team had informed him that the money in question would be sent through the Indian High Commission in Dacca.
Record of Proceedings, Agartala Conspiracy Case 273
(Mr. Abdus Salam Khan at this stage objected that the reply received by Ali Reza from the Indian delegation was inadmissible as it was hearsay. Mr. Manzur Quadir, the learned Counsel for the prosecution submitted that the reply that was given would be admissible under section 10 of the Evidence Act in view of the fact that the Indians were also conspirators though they being beyond the border of Pakistan were beyond the control of this Court, and as such their statements would be admissible).
After about a day or two I met Lt. Moazzem Hossain again at 13, Green Square, Dacca and I enquired from him whether he had received the promised amount of Rs. 2 lacs from India or not. My inquisitiveness (The witness used the word ‘inquisition’) to know the availability of this fund, annoyed him and thus our relationship got strained.
Out of Rs. 25,000/- received by me from Lt. Moazzem Hossain, I paid Rs. 5,000/- in cash to Std. Mujibur Rahman for handing over to Lutful Huda to run the business. This I did after a day or two of the receipt of the money from Lt. Moazzem Hossain. After a month or so of this, I handed over a cheque drawn on my bank, the Eastern Mercantile Bank, for a sum of Rs. 2,000/-, to Std. Mujibur Rahman. (The witness now says that the cheque was actually for a sum of Rs. 5,000/- after the cheque for Rs. 5,000/- dated 26.5.67 had been handed over to witness by Counsel). This is the cheque that I issued and it bears my signature. (The cheque is marked Ext. P.W. 6/6.) After the issue of this cheque, about two months thereafter, I handed over Rs. 2,000/- in cash to Risaldar Shamsul Huq for purchase of a Scooter. Before this, I paid Rs. 1,000/- to Captain Muttalib when he was admitted into the C.M. Hospital, Dacca. Again, I paid Rs. 500/- to Captain Muttalib, through Anwar Hossain, when he was admitted in the C.M. Hospital, Comilla. I paid Rs. 100/- in cash to Ex-Subedar J.U. Ahmad when he went to me at Chittagong after his daughter died. I paid Rs. 50/- to Havildar Aziz. This payment was probably made sometime in December, 1967. This was paid to him to reimburse him for the expenses incurred by him on behalf of the party. I spent about Rs. 3,000/- towards the travelling and other expenses incurred by me and other members in connection with this movement. This expenditure of Rs. 3,000/- was towards the payment of my journeys as well as those of other members of the organization, in connection with the party work. I also issued a PIA ticket in favour of Mr. Ali Reza
274. Record of Proceedings, Agartala Conspiracy Case
favouring his journey from Dacca to Lahore and back. Mr. Ali Reza fell from the grace of Lt. Moazzem Hossain after his return from Agartala when he enquired the details of the funds available with Moazzem Hossain. He wanted to meet Mr. Ruhul Kuddus, CSP at Lahore to apprise him about the misappropriation of the funds by Lt. Moazzem Hossain. This expenditure for the air ticket was to be debited to the fund that I had with me. I also issued an air ticket on credit, favouring Captain Muttalib and his family members. The total amount relating to this was Rs. 1,200/- and the understanding was that this was also to be debited to the party funds available with me. The remainder out of this sum of Rs. 25,000/-, was spent by me on my personal expenses. Lt. Moazzem Hossain once told me, sometime in August or September, 66, in Chittagong, that I should have also a private car from the party funds for the party work. I purchased a Fiat-1100 D from the Motor Corporation of Pakistan, Chittagong. On the day of purchase, Lt. Commander Moazzem Hossain accompanied me to the office of the Motor Corporation of Pakistan, Chittagong, and handed over Rs. 5,000/- in cash to the Manager, Mr. Iftikhar Ahmed, of the said Firm. I drew an overdraft for the balance of the price, of Rs. 11,000/-, from the Habib Bank and purchased the Fiat Car. Lt. Commander Moazzem Hossain had promised to clear this overdraft from the party funds but ultimately did not do so. This Cheque handed over to me by the prosecution Counsel is the one by which payment of Rs. 11,000/- was made for the car.
It bears my signature. (This cheque is marked Ext. P.W. 6/7.) I see the receipt for the payment of Rs. 5,000/- in cash for the purchase of the car. (This is marked Ext. P.W. 6/8.) This receipt handed over to me is the one for the payment of Rs. 11,000/- for the purchase of the car. (This is marked Ext. P.W. 6/9.) This counterfoil handed over to me is the receipt of Rs. 5,000/- in connection with the purchase of the car. (This is marked Ext. P.W. 6/10.) When I purchased this Fiat car, Lt. Commander Moazzem Hossain had in his possession a car- a Hillman-Imp. This Hillman-Imp was also purchased from the party funds. The document handed over to me is the copy of the letter sent by Lt. Commander Moazzem Hossain to Messrs. Elahie Buksh & Co. in connection with the replacement of tyres of a Moskovitch car, which he had earlier purchased from the party funds, with the endorsement to me. (This is now marked
Record of Proceedings, Agartala Conspiracy Case 275
Ext. P.W. 6/11.) This letter Ext. P.W. 6/11 bears the signature of Lt. Commander Moazzem Hossain which I know. This letter is dated the 28th of March, 1967. In August, 1967, I sent Mr. Anwar Hossain of PIA, to Peshwar to contact Capt. Muttalib and tell him that the meeting at Agartala was a success and also to know as to when he would be coming to East Pakistan on transfer. I paid Rs. 125/- for the journey to Mr. Anwar Hossain. This payment was from the party funds. Anwar Hossain was an employee of the PIA and as such he could travel at the 75 percent rebated passage. Once Lt. Commander Moazzem Hossain asked me to issue a credit ticket to one Mr. Manik Chowdhury for an air journey between Dacca and Chittagong. This payment was also to be made out of party funds; I do not exactly remember the amount that was involved. This was some time in the middle of 1967.
I know of one big ferry in between Dacca and Barisal which is at Goalando. Entries of cars are made there. Between Comilla and Dacca, there are about 3 ferries – the first one is at Daudkandi, the second one is over the Meghna and the third one is over the Lakha. While coming from Comilla one has to purchase a ticket at Daudkandi ferry Ghat & to show this ticket on demand at other ferries and finally to deposit the same at the last ferry.
Mostly I came by air to attend these meetings from Chittagong but sometimes I also came by car. The car that I used is the Fiat Car, with number EPC 9100. This is the car which was purchased for the party as I mentioned earlier. Lt. Commander Moazzem Hossain had a Hillman Imp. and subsequently he purchased one MOSKWICH car. When we took 13, Green Square on rent for party work, Lt. Commander Moazzem Hossain transferred this Hillman Imp. car to Std. Mujibur Rahman for party work. Lt. Commander Moazzem Hossain had been using the MOSKWICH car for his journey from Chittagong to Dacca. (The witness was handed over a register and was asked to ascertain whether his signatures were there. He stated that the signatures at the margin of entry number 2917 were his). (This entry is marked as Ext. P.W. 6/12.) In the meeting at Captain Alam’s house, it was also stated by Lt. Commander Moazzem Hossain that Captain Alam would act as Sector Commander at Comilla.
I made a confession before a Magistrate. I was tendered pardon subsequently, which I accepted.
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CROSS EXAMINATION OF P.W.6, MIRZA MD. RAMEEZ.
TO MR. ABDUS SALAM KHAN.
So far as I remember it was Rs. 25,000/00 in all that was paid to me for party expenses, by Lt. Commander Moazzem Hossain. Captain Muttalib’s journey to West Pakistan with his family was on transfer to West Pakistan. The payment to Ris. Shamsul Huq was probably made in July or August, 1967. A Scooter was actually purchased and I saw it. After the money was paid I saw the new Scooter which was purchased. I saw the Scooter after about a week of the payment of the money. I spent probably about Rs. 6,000/- for my personal expenditure out of this 25,000/00 rupees. This 6,000/00 rupees is in addition to the Rs. 3,000/00 which I spent for conveyance and other expenses for the party members. It is not correct that Steward Mujibur Rahman helped me in constructing a boundary wall of my house in Dacca. I have a piece of land at Mohammdpur, Dacca. That is in Block ‘B’, plot No. 22/8. I can not exactly remember in which year this plot of land was allotted to me. I had only constructed the boundary wall and no house has yet been constructed on it. I did not receive any notice in connection with the construction of a house on this land. It would be about 5/6 years ago that the land was allotted to me. It is not correct that I asked Steward Mujibur Rahman to construct the boundary wall on this plot as I had failed to construct any house on this plot during the last 5/6 years. There is no garage constructed on this plot. Apart from the boundary wall, there is no other construction on this plot. The boundary wall was constructed in early 1967. The cheque Ext. P.W. 6/6 is a crossed cheque. A crossed cheque is not compatible with a secret purpose. Anwar Hossain and Lutful Huda were not members of this organisation. It is not correct that I have introduced the name of Lutful Huda and Anwar Hossain for securing false corroboration of my statement.
Record of Proceedings, Agartala Conspiracy Case .277
SPECIAL TRIBUNAL
Record of Proceedings.
2.9.1968.
Present Mr. Justice S.A. Rahman, H.Pk., Chairman.
Mr. Justice M.R. Khan, S.Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member.
For the Prosecution: As before.
For the Defence: As before.
Accused present: As before.
Witness on oath: As before.
CROSS -EXAMINATION OF P.W.6, MIRZA MOHAMMAD
RAMEEZ CONTINUED:
TO MR. ABDUS SALAM KHAN:
I am drawing my salary even now @ Rs. 1,200/- per month, i.e. my full salary. I did not get my salary for about two months after my arrest. For January and February, 1968 I did not draw the salary in those months but drew it later. No departmental inquiry was started against me after my arrest. There is a personal file relating to me in my Head Office. That contains the personal records, postings, transfers and confidential remarks about me. In a separate file, my leave account is also maintained. My statement before the Magistrate was recorded on 13.2.68. When I travel on duty I get preference over chance passengers and I would not have to pay
any fare. If I am not traveling on duty I get 90% rebate on a ticket. These things are recorded in my leave file, maintained in the Karachi Head Office. There would be a corresponding record in the Dacca Headquarters Office also. To show my travels between Chittagong and Dacca the records could be called from Dacca Office from the Area Secretariat Eastern Division. In the month of May, 1967 to attend several meetings held in Dacca I might have come by air for some meetings and by car for others. If I came by car from Chittagong to Dacca my car number would be noted in two places at route viz. once between Chittagong and Feni and the other time at Daudkandi. For the return journey, the car number would be similarly recorded. If I travelled in a friend’s car which was not yet registered, the reference in the record would be “car on test”. The make of the car would not in that case be recorded. There is generally garage number for a new car not yet registered, but sometime I gave only “on test” as the reference, without giving the garage number. Beyond Daudkandi, at 2 places the ticket purchased is checked, but I have not seen any noting being done for the ticket in any record there. While leaving Chittagong for Dacca, I also took permission from my Area Manager which would be either recorded at once or later.
I did state to the Magistrate in my confession that in June, 1967, a number of party meetings were held at 13, Green Square, Dacca. What I stated in this Court that a number of meetings were held in May, 1967 is also correct and in that month also, meetings were held. I do not remember if I mentioned to the Magistrate that more than half a dozen meetings were held at 13, Green Square in May, 1967 (not recorded). I do not know if Lt. Moazzem Hossain would have to take leave or permission for leaving station of duty, for Dacca. I do not remember if I stated to the Magistrate that it was possibly in May, 1967 that Lt. Moazzem Hossain convened an important meeting at 13, Green Square (so recorded).
Probably Capt. Motalib was in the hospital in the month of April, 1967. He was probably at the end of March in the Dacca Hospital and in April in the Comilla Hospital. I cannot definitely say whether Capt. Motalib stayed in the C.M.H., Dacca upto the 31st May, 1967 or not.
I am not aware whether L.S. Sultanuddin was in Karachi in the month of June, 1967. He attended a meeting with me in Dacca in that
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month. I am not aware that he was in hospital in Karachi in the whole of June, 1967. I would not be able to give the date of the meetings held in May and June in Dacca. In May, 1967, sometimes two meetings followed each other consecutively and on other occasions, there was an interval of seven or ten days between two meetings.
Mr. Lutful Huda is a friend of mine. I have been friendly with him from 1966. (The witness was asked what business Lutful Huda was carrying on. He said, “he used to indent”. When asked to explain what “indenting” meant, the witness was unable to explain. He further said, “I gave him some maintenance work in the PIA”. This was contract work for repairs of buildings, polishing of furniture etc. I do not know if he had an office in which he worked in Chittagong. I do not know how much capital he had invested in his business. The bill of Lutful Huda for the work done for PIA may be Rs. 200/- or Rs. 700/- at a time, depending on the nature of work. This work was given to him on quotations. I cannot give the total amount of money he may have drawn on his bills for work which I allotted to him. I cannot say if the total amount may be Rs. 2,000/- or not. This work was given to him in 1966 or 1967. I do not know if a case for cheating in business was started against Lutful Huda at Chittagong. I had personally nothing to do with the business Lutful Huda used to carry on. Besides being District Manager of PIA at Chittagong I had no other business there. It is wrong that I had a truck or two running in Dacca.
Anwar Hossain was a Telephone Operator in the PIA. He had no quarters allotted to him by PIA for his residence. He was drawing a salary of about Rs. 400/- per month including allowances. He was residing in a house on the Dacca Trunk Road. I have seen that house from the road. There were about 5 Telephone Operators in the PIA at Chittagong. Anwar Hossain was the General Secretary of the PIA Employees Union and in that capacity, I knew him. I held no office in that Employees Union. I was the District Manager of PIA. I do not know where Anwar Hossain is now. Nor have I enquired about it. I read in the paper that he is one of the witnesses in this case. I do not know if Anwar Hossain is also in custody.
The PIA has got three staff cars to be used by the officers at Chittagong. For the staff and employees, we have about six or seven Micro-Buses. One of the staff cars was at my disposal. The petrol for the
Record of Proceedings, Agartala Conspiracy Case . 281
staff car was supplied by PIA and a Log Book is maintained in each car. If the car travelled outside Chittagong the journey was mentioned in the Log Book. I had a driver allotted to me for driving the staff car for me but the other two officers used to drive the cars themselves. In June-July, 1967 I do not remember who was my driver. They used to change. Ali Ahmed was my driver at one time. When I was in the Air Force Ali Ahmed used to be my servant in my house in Dacca. When I shifted to my flat in Dacca, Ali Ahmed also resided there in the flat. My flat in Mohammadpur is located in a three-storied building. There are 12 flats in all in that building. Again said, there are 18 flats in all, six on each staircase. My flat was on the ground floor, close to the middle stair-case. There are other flats on each side of my flat. My two immediate neighbours’ names are not known to me, but I know them by sight. I cannot say that they were people of low ranks but I never enquired their names. In the first floor in that building, there was a living WAPDA Engineer. The P.A. to the Speaker to the Provincial Assembly also used to stay in that building. Some Journalists lived in the flat adjacent to mine. More than a dozen meetings took place in my flat in Mohammadpur. I do not know whether any other house was hired for party purposes besides 13, Green Square. There was more than one meeting in my flat, which I did not attend. They were held in my absence.
I have heard the name of Mr. Ahmed Fazlur Rahman. I have heard that he has a house in Dhanmandi in Dacca. I do not know if Mr. Ruhul Quddus also has a house in Dacca; nor do I know if Lt. Moazzem Hossain’s father used to live in a house in Dacca. The flat that I had been allotted in Mohammadpur, was ultimately cancelled. This was probably in August, 1967. I did not mention to the Magistrate in my confession that I had been served with a notice for cancellation of my flat. I do not remember if I mentioned it to the police or not (not recorded). While I was away from Dacca, one of my relations used to occupy my flat. This relation was Mohammad Yahaiya. He was living alone in that flat. He married sometime after the meetings were held in that flat. Again said, I cannot remember whether he got married before or after the meetings. He stayed in that flat with his wife after his marriage. He is from Comilla district. He is employed in the Burmah Eastern Co. It is not correct that
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there were complaints by neighbours of rowdyism and immoral practices carried on in my flat, during my absence and that was the reason for the show cause notice to me.
I do not remember if I mentioned to the Magistrate that Captain Muttalib and his father had stayed in my flat at any time. (Not so recorded). Nor do I remember if I mentioned it to the Police. (Not so recorded). I do not remember if I mentioned to the Magistrate that Std. Mujibur Rahman used to stay in my flat. (Not so recorded). Nor do I remember having mentioned it to the Police. (Not so recorded).
Before Ali Reza was chosen as a delegate to go to Agartala, I came to know him, because he was introduced to me in a meeting earlier. I had been in his house in July, 1967 when he returned. I had met him only at 13, Green Square prior to his selection as a delegate. At the same meeting, the names of Std. Mujibur Rahman and the other delegate were also announced. Std. Mujibur Rahman was working in the Naval Officers Mess known as Ward Room. I do not know what duties he performed there. The Stewards in the Air serve food. I do not know anything about the general education of Std. Mujibur Rahman. I did not enquire before his selection as to what general qualification by way of Education he had before he was nominated as a delegate. It was mentioned in the discussion of the meeting that Std. Mujibur Rahman had knowledge of arms and ammunitions. There were Flight Lieutenants and Captains, members of the organization. By profession, they would know more about arms and ammunitions than Std. Mujibur Rahman. I did not give any training to Std. Mujibur Rahman in respect of arms and ammunitions or military matters. Almost all the Captains from the accused would know the use of arms and ammunitions. I do not know if any one of them gave education in military matters to Std. Mujibur Rahman or not.
So far as I know Mr. Ali Reza was never in the Armed Forces. No Captain out of the accused was present at the meeting at which the names of the delegates to Agartala were finalised. Captain Muttalib was sent a telegram about this matter for coming to Dacca but he did not come. Only two Officers’ suitability as delegates were discussed in the meeting, namely, that of Captain Muttalib of the Army and of Lt. Rahman of the Navy. Captain Muttalib did not come to the meeting but Lt. Rahman came and he
Record of Proceedings, Agartala Conspiracy Case. 283
declined to go to Agartala as a delegate. The telegram was sent to Captain Muttalib asking him to come and attend so that he might be chosen as a delegate for Agartala. I speak English better than Std. Mujib. I do not know if Sdt. Mujib is a non-Matriculate. I can speak Urdu slightly. I cannot say if I can speak Urdu better than Std. Mujib or not. It was in June, 1967 that the meeting decided the names of the delegates to go to Agartala. It was in the later part of June that this meeting was held. Lt. Moazzem Hossain had offered a financial, security for persons going across the border, should something happen to them there; from this fund, the dependants of the persons concerned were to be looked after in his absence. (The witness said that the money was fixed to be paid at Agartala itself by the Indians. Again said the money to be paid by the Indians was two lacs of rupees and the security money was offered to be paid here in the meeting by Lt. Commander Moazzem Hossain but he did not pay the money. This was the reason that I did not consent to go as no security money was given. I do not remember what Lt. Rahman said by way of excuse for not going to Agartala. Sultan Uddin also declined to go for the same reason as I had mentioned. The risk in crossing the border was that our Border Police personnel might shoot down the men crossing, as smugglers. It is not correct to say that I have falsely mentioned the name of Lt. Rahman as expressing unwillingness to go as a delegate to Agartala, in that meeting. Ali Reza used to live in Dacca in a rented house. The meeting in which Ali Reza and Steward Mujibur Rahman were selected and as delegates, was attended by them. In that meeting, the question of Rs. 2 lacs being received from India was also mentioned. I do not remember whether Ali Reza and Steward Mujibur Rahman put any questions relating to their mission to Agartala in that meeting. The date of their going to Agartala was fixed in a subsequent meeting in the month of June. That meeting also took place in Green Square. This meeting was attended by Lt. Commander Moazzem Hossain, Ali Reza, Steward Mujibur Rahman, J.U. Ahmed, Corporal Samad and myself. This meeting took place at the end of June. The date of the journey to Agartala was announced in the meeting but not discussed. The procedure about crossing the border was also discussed in the meeting and the arms list was also handed over to Reza. I do not remember what other members stated in this meeting about the date of crossing of the border and the arms list. The
284 . Record of Proceedings, Agartala Conspiracy Case
interval between these two meetings would be about 20 days. After the first meeting, I went back to Chittagong and came to Dacca for the 2nd meeting but I do not remember on which date I came back for that purpose, whether on the day of meeting or earlier. The meeting in connection with the selection of delegates did not take place in May, 1967. In May, 1967 there were a number of party meetings. I do not remember whether I stated to the Magistrate that in the meeting in May, 1967 held at Green Square, Lt. Moazzem disclosed that in near future a team composed of 2/3 party members would be sent to India to negotiate arms deal and enhancement of the financial aid, with the Indian Authorities (so recorded). I became a member of this revolutionary party and was prepared to do what I could do for it within my capacity. I was even prepared to sacrifice myself and my life for the cause of the party. I was informed that the delegation was successful. I did not hear nor anybody told me that the delegation could not impress the Indian authorities. As far as I remember I agreed to accompany the delegates and take them to the border, in the meeting wherein the date for the journey to Agartala was announced. I do not remember whether it was discussed in that meeting as to how other delegates will reach Feni for this journey to Agartala. It was decided that I would reach Feni on receipt of a telephone call. It was decided in the meeting as to how I would go to Feni from Chittagong. It was decided that I would go to Feni by a PIA staff car. It was also decided that I would go at night and come back by night. I had personal knowledge of the locality in between Feni and Belonia, as I came to Dacca by that route via Feni a number of times. I had never been to Belonia before this. I do not know whether there is a Rly. line from Feni to Belonia. I do not remember whether I stated to the Magistrate about the receipt of a telephone call from Steward Mujibur Rahman before starting for Feni (not so recorded). No receipt for the payment of a trunk call was shown to me by anybody subsequently. I received that telephone call around 3 P.M. I left Chittagong a short while after that. Dodge Dart runs about 50/60 miles per hour. The distance of Feni from Chittagong is about 65 miles. It is not correct to say that I did not receive any trunk call from Feni between 3 to 5 P.M. on that day. I cannot remember whether I stated to the Magistrate that the team was to cross between 2-30 a.m. and 4-30 a.m. on the 12″/13th July, 1967 (so recorded). I had never been to Hotel Denofa before this. I do not
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remember whether Hotel Denofa is located on the highway between Chittagong and Dacca or on some other road. I do not remember whether Hotel Denofa had other shops and Hotels around it but there were buildings nearby. There are rooms in that Hotel for residing in the night. It is a building and not a tin hut. My return journey is not noted in the bridge toll register as I did not pay any toll for crossing the bridge. I took a chance of not paying the amount of Rs. 17- which was to be paid and also had an idea of concealing the trip. On the Shobhapur Bridge, there is a bamboo pole, only on one side of it, for the purpose of stopping the cars and collecting the toll. Before starting for Feni, after receiving the telephone call, I did not try to contact any frontline or other workers of our party. This I did not do even before receipt of the trunk-call. Belonia is part of Pakistan. While going to Dacca from Chittagong Belonia falls on the way.
I spent this, Rs. 25,000/- in a period of four to six months, i.e. from March, 1967 to August, 1967.
In this Rs. 6,000/- which I have mentioned that I spent for my personal expenses are included the bills for my stay in Hotel Intercontinental, Dacca, during May or June, 1967. I spent at the rate of Rs. 35/- per day for a room on the 10th floor for my stay of 2/3 days as I got 50% rebate. Food charges are not included in this. I do not think, there are any outstanding bills in my name in Hotel Intercontinental or Shahbagh Hotel. The total bill would be for a sum of Rupees two hundred to Rupees three hundred, for my total stay for 2/3 days, in the Hotel Intercontinental, including food charges. I stated to the Magistrate that I spent nearly Rs. 6,300/- for meeting my personal expenses. Out of the Rs. 6,000/- I spent some amount for entertaining some of my friends who are now in the dock. It might be that the same was done in the Hotel Intercontinental and Hotel Shalimar. I do not remember any other details of the expenditure which I incurred out of this Rs. 6,000/-.
I did not go myself to Lt. Moazzem Hossain for collecting this rupees 25 thousand. Subsequently, all my colleagues in the party came to know of this payment of Rs. 25,000/- to me. There was no meeting for taking accounts of this money. No body, subsequently, enquired of me as to how this sum of Rs. 25,000/- was disposed of or utilised for the party work. There was never any discussion in any meeting about the money
286 . Record of Proceedings, Agartala Conspiracy Case
received for the party or the money spent. Lt. Moazzem Hossain gave me a rough idea as to how much he had in his control.
This was stated to me in my flat at Mohammadpur in March, 1967. It was the same time when he told me about the sources of income. I did not ask Lt. Moazzem Hossain nor did he tell me as to how this money was spent. There was no small committee appointed to go into this question. In none of these meetings, there was any question as to how much money was raised by Lt. Moazzen Hossain and how the same was spent by him. I enquired from Lt. Moazzem Hossain as to whether the amount of two lacs of rupees was received from Indian authorities, one week after the 12th July, 1967. I asked this question at 13, Green Square, Dacca. He stated in reply to the question that no money had been received. In December, 1967, I disassociated myself from the movement and the organization. Till my arrest, I was keeping my connection with this movement. Until then Lt. Moazzem Hossain was also in the party. After July, 1967, I did not attend any meeting of the party in Dacca. It was in my mind to raise the topic of receiving two lacs of rupees from Indian authorities in a party meeting. After July, 1967, no meeting of the movement was held to discuss this matter. After my relationship with Moazzem got strained I did not have any talk with him over party matters. I do not remember whether I stated to the Magistrate that after my relationship with Moazzem Hossain got strained I did not attend any party meeting and disassociated myself from the organization. (So recorded).
Even after July, 1967, I continued the party work and I spent money also for that purpose. During this period I did not collect any money for the party. Nor did I do so at any time before this for the party. I did not contact any member of the Air Force for the work of the party. I did not contact any service personnel or Ex-service personnel of the P.A.F. I did not maintain any account-book to show as to how I spent this 25 thousand of rupees.
Colonel Shaikh is not a Bengali speaking gentleman. He is an Urdu speaking gentleman. I do not know where he is now.
Record of Proceedings, Agartala Conspiracy Case • 287
SPECIAL TRIBUNAL
Record of Proceedings
3.9.1968.
PRESENT Mr. Justice S.A. Rahman, H.Pk., Chairman.
Mr. Justice M.R. Khan, S.Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member.
For the Prosecution: As Before.
For the Defence: As before.
Accused present: As before.
Witness on oath: As before.
Mr. Abdus Salam Khan, learned Counsel for the defence, brought it to the notice of the Court that actually the paper, “Sangbad” has not been guilty of any lapse in publishing the report dated the 27th August, 1968, in so far as it had given prominence to all parts of the relevant evidence. This was noted with satisfaction.
CROSS-EXAMINATION OF P.W.6, MIRZA MOHAMMAD
RAMEEZ CONTINUED:
TO MR. ABDUS SALAM KHAN:
I had known Std. Mujibur Rahman and A.R. Khurshid accused from April, 1966 when they came and called on me at my house. Both of them are Navy personnel. No. P.A.F. or P.I.A. man had introduced them to
me. According to what they told me, they were residing at the Naval Base Chittagong, being posted there at Chittagong. The Naval Base is about 7 miles from my office in Chittagong. After my release from the P.A.F. and before I joined the P.I.A., in 1962, I had joined the East Pakistan Small Industries Corporation. These two men when they came and called at my house, informed me that Lt. Moazzem Hossain would also be calling at my house. When they first came and met me, Std. Mujibur Rahman and A.B. Khurshid did not tell me of this revolutionary organisation. I had heard of an organisation relating to the welfare of Air Force personnel but not about Navy personnel. That welfare organisation relating to the Air Force personnel is recognised by the Department. I do not know if no organisation for the welfare of Army personnel can be formed without the approval of the Government or of the Department. I do not remember if I mentioned to the Magistrate in my statement that Lt. Moazzem Hossain, when he called at my place, asked me to come and see him at his house. (Not so recorded). When I made the return call, Lt. Moazzem Hossain was residing at Nasirabad Housing Society, in May, 1966. Before I had talked with Lt. Moazzem Hossain I had not talked to anybody about the economic and political condition of East Pakistan. I had the same feeling about the conditions prevailing in East Pakistan as Lt. Moazzem Hossain had, when he talked to me, even earlier. The feeling was in my mind that the development in the economic field in East Pakistan was very much below that in West Pakistan and similarly the representation of East Pakistanis in the services was very much less than it should be in comparison with West Pakistanis. In my meeting with Lt. Moazzem Hossain, it was only discussed that without any unconstitutional revolutionary movement this disparity could not be removed and no other alternative remedy was discussed. I had been already thinking on these lines and when Lt. Moazzem Hossain told me all about this, I agreed with him. In that first meeting, with Lt. Moazzem Hossain, there was no discussion about any concrete plan or steps by which the revolutionary movement could achieve its objective. In that first meeting, it was not discussed as to what would be the nature of the independent East Pakistan State. The pattern
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of the Government was discussed in the next meeting at Moazzem Hossain’s house. Without any question from me, Lt. Moazzem Hossain showed me the documents which outlined the pattern of such a Government. The folder shown to me was a thick file cover containing papers, cyclostyled and typed. The diary shown to me was hand-written. So was the exercise book. The diary was annual. Except for Saturdays and Sundays being on one page, the rest of the pages were devoted to one day each week. I cannot remember the year of the diary. I cannot remember the name of the diary if any. More than half the pages of the diary were found written up. There were about fifty cyclostyled foolscap pages in the folder. The writing had double spaces. I had read through the diary and the folder materials in the meeting itself but I took away the exercise-book only to read later. The exercise-book had hard covers. The thickness of the exercise-book was about half an inch. The whole of it was written up. I prepared no notes after reading the diary, the folder or the exercise book. I had a talk about the contents of these documents with Mr. K.M.S. Rahman, from memory. He was the only person to whom I talked on the matter. Mr. K.M.S. Rahman was a very brilliant student. I heard that he had stood first in the written examination in the C.S.S. As an Officer he was known to be competent and brilliant. He was very much respected by his colleagues. I suggested to Mr. K.M.S. Rahman that I would introduce him to Lt. Moazzem Hossain for further elucidation of the matter. (Witness said this in answer to a question as to whether he had suggested to Mr. Rahman that he should meet Moazzem Hossain). Mr. K.M.S. Rahman was also in Chittagong at that time. Sometime in July, 1966 I had introduced Lt. Moazzem Hossain to Mr. K.M.S. Rahman. This meeting took place at my house and Mr. K.M.S. Rahman discussed with Lt. Moazzem Hossain, the pattern of Government for East Pakistan. All the objects of the revolutionary party were also discussed at that meeting. I forgot to mention the meeting that took place between Lt. Moazzem Hossain and Mr. K.M.S. Rahman at my house in July, 1966. I did not mention it to the Magistrate nor did I mention it to the Police. I was not questioned about it, therefore, I did not mention it in my statement in examination-in-chief in this Court. After
Record of Proceedings, Agartala Conspiracy Case • 291
keeping the exercise-book with me for about 7 days at my house I returned it to Lt. Moazzem Hossain.
I do not remember if I mentioned the exercise book besides the diary and folder in my statement to the Magistrate (not recorded). I cannot say on what date or in which week of June, 1966, I had a second meeting with Lt. Moazzem Hossain. Again said, it was the third meeting and not the second meeting. While discussing the pattern of State of East Pakistan with Lt. Moazzem Hossain, no other form of State was taken into consideration by way of comparison. The U.S.S.R. and China have nationalised all industries and properties. It was for the first time on that day that I read about the coupon system instead of the currency system, in the writings shown to me. The flag shown to me at that meeting was a piece of cloth. I was told by Lt. Moazzem Hossain that the green in the flag stood for the greenery of East Pakistan, while gold stood for the colour of jute. The Pakistan flag is green and white. The white stands for the minorities. The green stands for the colour of the State. If somebody says that there was a boat and other greeneries were also shown on that flag that would be incorrect. I do not remember if I mentioned to the Magistrate in my statement that the flag shown to me had an insignia of jute on it.
I cannot recollect whether the meeting of the workers at my house in June, 1966 took place after I had returned the service book or not. I cannot remember the date of that meeting at my place. It was in the meeting held in June, 1966 when I was shown the flag and the diary, etc. that I suggested that the next meeting may take place at my house. This proposed meeting was held 8 or 10 days later.
My house in Panchlaish is in a residential area. There are houses on either side of that house of mine.
Risaldar Shamsul Huq was introduced to me at the workers’ meeting at my house for the first time.
I was informed of the proposed visit to Comilla to Captain Alam’s house, one or two days earlier than the visit. While going to Comilla we had to pay a toll for the car at Sobhapur Bridge and the car number was also noted there. I cannot say which week of the month we went to
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Comilla on that occasion. It was either in June or July, 1966. No telephone message was received from Comilla before we went there. Nor did we send any such message to Comilla. It would not be correct if somebody suggests that on this occasion Lt. Moazzem Hossain was accompanied by his family when we went to Comilla.
No date had been fixed for the D-day. Nor even a month was fixed for it. A year was also not fixed in that connection. I do not remember if I mentioned in my statement to the Magistrate as about the D-day having been discussed at Captain Alam’s house in Comilla (not recorded). (The learned Counsel for the prosecution points out that the gist of the discussion with regard to the activities of the Dday, is given in the Magistrate’s statement, without however, specifically mentioning “the D-day” as such). In the discussion in Captain Alam’s house, it was not discussed as to what would happen after the cantonments in East Pakistan had been captured, in commando style, or what we would do after that. I cannot remember if I mentioned in my statement to the Magistrate that in that meeting in Captain Alam’s house, he had said that he was doing this best to contact the service people (not recorded). Nor do I remember if I stated this to the police (not so recorded). I had not visited Comilla in connection with this movement earlier than this meeting in Captain Alam’s house. It would be incorrect to suggest, if anybody did so, that I went to Comilla in February-March, 1966 for party work. I do not remember if I mentioned to the Magistrate that Captain Shawkat told us that he was doing his best to bring new recruits to the movement (not recorded).
I do not remember having stated to the Magistrate that it was on the reference given by Captain Nuruzzaman that I came and met Captain Huda in his flat in Green Road. (It must be noted that this statement about the reference given by Captain Nuruzzaman was elicited from the witness in the examination-in-chief on a Court question when he just mentioned that he came and met Captain Huda in his flat). This meeting I had with Captain Huda in July or August, 1966. This may be in the last week of July or the first week of August. I did not mention to
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the Magistrate that at Capt. Huda’s flat, Steward Mujibur Rahman, Lt. Moazzem Hossain and Capt. Alim, were also there and both Lt. Moazzem Hossain and I had persuaded Capt. Huda and Capt. Alim to join our movement. I do not remember if I mentioned this fact to the police (not recorded). The fact is that Lt. Moazzen Hossain and I had both induced Capt. Huda and Capt. Alim when we met them in Capt. Huda’s flat in Green Road to join our movement. I do not remember if I stated to the Magistrate in my confession that incidentally, I had earlier contacted Capt. Huda in Dacca and Capt. Nuruzzaman in Chittagong and induced them to join our movement (so recorded). Nor do I remember if I made a similar statement to the police (so recorded). I do not remember if I stated to the police that Capt. Shawkat told us that he was doing his best to include new recruits in the movement (not recorded).
I did not mention to the Magistrate that I had invited to dinner, Lt. Moazzem Hossain and Capt. Nuruzzaman, at my house at Chittagong; nor to the police. In fact, I had not mentioned this dinner and meeting at my house on return from Comilla, in my statement to the Magistrate; nor did I mention it to the police.
It is not correct to say that I have introduced for the first time in this court the statement that I travelled with Lt. Moazzem Hossain in his Hillman car, from Chittagong to Dacca and then met Capt. Huda and Capt. Alim in the former’s flat, in order to make my statement consistent with the evidence of another witness, viz. Capt. Alim.
I did state to the Magistrate that sometime in September/October, 1966, Lt. Moazzem Hossain told me that he intended to convene a party meeting in Dacca to apprise new member like Capt. Alim and Capt. Huda of the details of the organization and it was then that I offered my flat in Mohammadpur for that meeting. I do not remember if I made a similar statement to the Police (so recorded). (Even in this Court the witness did mention about this incident in September, 1966).
I did not mention the meeting held at my flat, a week after our return from Comilla, in my statement to the Magistrate. Nor do I remember having stated about it to the police (not recorded).
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It was probably in July-August, 1966 that for the first time I offered my flat for the party meeting. I offered my flat for holding a meeting of our organization because it did not have any other accommodation for doing so.
I did not state to the Magistrate that in June-July, 1966, Mr. Shamsur Rahman came to see me at my house and I apprised him about our organization. Nor did I say so to the Police. I cannot say which week of September, 1966, this meeting took place in my flat. I have got an office diary in my PIA Office. In my Office diary, my engagements or arrival or departure are not noted. I have no private diary of my own. The information about the holding of the September, 1966 meeting was given to me in the same month in which the meeting was held. I do not remember if I stated to the Magistrate that sometime in SeptemberOctober, 1966, Lt. Commander Moazzem Hossain told me that he intended to convene a party meeting in Dacca (So recorded). I cannot say definitely, till when Mr. Shamsur Rahman continued to be the Chairman of the Chittagong Development Authority. I remember that Lt. Moazzem Hossain informed the members attending this meeting about the date and the place of the meeting, as he told me about it. He only stated that he had informed all the members about this meeting but did not state as to how they had been informed. I was informed by him orally. He informed me either in my house or in my Office. I knew that in September, 1966 there were workers of our organization in Chittagong.
Captain Alim was in Dacca in September, 1966. So was Captain Huda. I met Captain Huda in July-August, 1966 in Dacca but I do not know how long before that, he came to Dacca. Captain Muttalib attended this meeting but I did not know where he was staying at that time. Lt. Moazzem Hossain informed me about 3 to 4 days before the date of the meeting, about its date and place. I did not come to Dacca for this meeting along with Lt. Moazzem Hossain. I do not remember whether I came by air or by car. I cannot say exactly as to how long before September, 1966, Lutful Huda was staying in my flat in Mohammadpur, Dacca. I remember that Std. Mujibur Rahman was also staying in my flat
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in September, 1966. L.S. Sultanuddin was called from Karachi to attend this meeting. So far as I remember, Std. Mujibur Rahman was then in service in the Pakistan Navy at Chittagong. One is to take leave or come on duty, if he is in active service when leaving the station. I do not remember whether the persons that attended this meeting were all introduced to Lutful Huda. The meeting in September, 1966 lasted for an hour. The meeting started in the afternoon from 2 to 3-30 P.M. I do not remember the day when the meeting took place. I came to Dacca, so far as I remember, on the same day as the meeting was held. I arrived in Dacca before the meeting but I do not exactly remember as to what time I arrived in Dacca. I arranged for snacks to be served at that meeting. The snacks were purchased from Hotel Shalamar on the Airport road. I did not myself go to arrange for the snacks but I sent Lutful Huda to go and purchase the snacks from the Hotel Shalamar and to bring them. Nan roti and Kababs were purchased from the Hotel Shalamar. The snacks were brought for 12/14 people. The snacks were served in the same drawing room where the meeting took place. I would not be able to state specifically as to how long before the meeting I arrived in Dacca. I arrived before the meeting started.
I do not remember if I stated to the police that I reached Dacca on the date fixed and found the following present in the meeting (so recorded). I did state to the Magistrate that on the appointed date I reached Dacca and in the meeting found Mr. K.M.S. Rahman, Capt. Alam and others. Before the meeting, I had a discussion with Lt. Moazzem Hossain about the subjects to be discussed in the meeting in September 1966 and with nobody else. I do not know exactly whether Mr. K.M.S. Rahman was on duty in Chittagong in September, 1966. I remember that Shamsur Rahman was in Dacca on the day of the meeting and attended the meeting. I cannot say from where he came to Dacca to attend this meeting. I cannot say how Lt. Moazzem Hossain came to Dacca and when he came, for attending this meeting. He was posted at Chittagong at that time. In this meeting, the aims and objectives of our organisation as well as the procedure of achieving the aims were discussed. Almost
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everybody present in the meeting participated in the discussion. There was no difference of opinion so far as the objectives of our organisation were concerned. There was no difference of opinion with regard to the methods to be adopted for achieving the objectives. I did suggest to Lt. Moazzem Hosssain that senior civil servants should also be included in the organisation. I did not contact personally anybody else besides Mr. K.M.S. Rahman for recruitment to the party. I know a number of Bengali senior military officers staying in East Pakistan. I know Col. Rab, Col. Jobbar, Col. Rahman, Lt. Col. Mashkurul Huq and a number of Majors and Captains. I did not contact the above mentioned officers for the purpose of recruitment to our organisation. I did not have any contact with Col. Osmani prior to my meeting with him at the anchorage, Chittagong and in the Cantonment. Col. Rab and Col. Jobbar were in Chittagong and the others were staying in Dacca at that time. Col. Rab is in Chittagong now, but I do not remember whether he was in Chittagong in September, ’66. But Col. Jobbar was in Chittagong at that time.
In that meeting of September, ’66, some of the members’ presence did ask questions about the attitude of India regarding our objectives. I cannot remember whether I discussed this question with Lt. Moazzem Hossain prior to this meeting. In none of these meetings, of which I have spoken, there was any formal election of president to preside over the deliberations. Every member’s presence in this meeting assured that he would maintain secrecy regarding our plan and subject matter of discussion and the measures were to adopt. I also gave this assurance. I do not remember if I stated to the Magistrate that Mr. K.M.S. Rahman told me subsequently that he contacted Col. Osmani for our organisation (not recorded)
Besides giving him lift for return, I did not render any other personal service to Col. Osmani. When I received a telephone call from Col. Shaikh I asked him as to why Col. Osmani wanted to speak to me, and I expressed hesitation to talk to him. I did not state to the Magistrate anything about the telephonic conversation which I had with Col. Shaikh or any other thing about him. Nor did I mention this to the police. I did
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not state to the Magistrate that I talked to Col. Osmani over the phone. Nor did I say so to the police. I did not state to the Magistrate that on that afternoon, Lt. Moazzem Hossain and I went to the residence of Mr. K.M.S. Rahman and asked him to attend a get-together at the residence of Lt. Moazzem Hossain; nor did I say so to the police. Mr. K. M. S. Rahman was residing at that time on Mohammad Ali Road, Chittagong. That is the house of the Chairman, Chittagong Development Authority. That is the ICI Building which was requisitioned for the Chairman’s residence.
We went to the East Bengal Regimental Centre in the Moskovitch car of Lt. Moazzem Hossain. Lt. Moazzem Hossain picked me up in his car on his way, from my house. It is not a regular practice that while going to the EBR Centre, the car is stopped at the gate and the car number is recorded by the gateman. The car number of the Moskovitch car in which we were going, was not recorded at the gate because we were not stopped there. At the entry to the Cantonment, there is a bamboo post barrier, a sentry and a sign-board. I have not seen any car being stopped and its number recorded at that post. None of us was in uniform at that time. My driver picked up Col. Osmani from the Cantonment and brought him to the Anchorage. At the time of going back also, my driver took him in my car. I did not state to the Magistrate that my driver picked up Col. Osmani from the EBRC Mess and brought him to the Anchorage; nor did I say so to the police. This meeting was convened in order to ascertain the reaction of Senior Army Officers only and not of Civilian Officers. I do not remember whether I stated to the Magistrate that the object of this meeting was to ascertain the response and the reaction of the Senior Officers both of the Armed Forces and the Civil, to our movement (So recorded). I do not remember if I stated to the Magistrate that accordingly, as a precautionary measure, only two such officers were invited besides Lt. Moazzem Hossain and myself and they were Col. Osmani and Mr. K.M.S. Rahman (So recorded). It is not correct to say that I have been made to state about this meeting in order to implicate Senior East Pakistani Officers. I do not remember whether
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after the order of transfer of Lt. Moazzem Hossain to Barisal, there were any discussion as to who would lead and co-ordinate the movement.
Lt. Moazzem Hossain discussed with me about the collection of money but did not discuss with me in regard to keeping of accounts and spending of money.
Out of the Rs. 25,000/- given to me, I kept Rs. 15,000/- in the Eastern Mercantile Bank, Chittagong. Out of the remaining Rs. 10,000/I paid Rs. 5,000/- in cash to Std. Mujibur Rahman and the other Rs. 5,000/- I kept in cash with myself.
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SPECIAL TRIBUNAL
Record of Proceedings
4.9.1968.
PRESENT Mr. Justice S.A. Rahman, H.Pk., Chairman.
Mr. Justice M.R. Khan, S.Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member.
For the Prosecution: As before.
For the Defence: As before.
Accused present: As before
Witness on oath: As before.
CROSS-EXAMINATION OF P.W.6, MIRZA MOHAMMAD
RAMEEZ CONTINUED: TO MR. ABDUS SALAM KHAN:
It is not correct to say that I have falsely introduced this story that Lt. Moazzem Hossein told me as to the sources of money received, in order to implicate Mr. Ahmed Fazlur Rahman, Mr. Ruhul Quddus and Mr. Manik Chowdhury. I do not remember if it was discussed between us as to how much income would accrue from the business to be started from the party funds. In pursuance of the telegram Ext. P.W.6/3, Lt. Moazzem Hossain came from Barisal to Dacca to attend the meeting which was held on the 30th or the 31st but I do not actually know when he arrived in Dacca. I have been to Barisal by Helicopter. I know that there is a steamer service called ‘Rocket’ from Khulna to Dacca via Barisal. I do not know if that Rocket reaches Narayanganj at 7.30 or 8 P.M. It was not necessary that Lt. Com. Moazzem Hossain should have come by Rocket
for this meeting; he could have come by car also. I cannot remember whether the meeting was on the 30th or 31st. I came to Dacca for that meeting either on the 29th or on the 30th. I do not remember now but I might have come on leave or on duty on that occasion to Dacca. If I came on duty, that fact would be recorded in the Officers Temporary Duties file maintained by the Administrative Officer, Eastern Division. I cannot remember now by what conveyance I came to Dacca on that occasion. (The witness was handed over his Travel Expenses Report which had been called from his office). He says, “this shows that on the 29th March, 1967 I travelled by car from Chittagong. I left Chittagong at 10 A.M. and reached Comilla the same day at 15.00 hours. I left Comilla at 13.00 hours on the 30” March by car and arrived Chandpur at 17.00 hours on the same day. I left Chandpur on the 30th March at 22.00 hours and reached Barisal at 3.30 A.M. I then left Barisal at 4 P.M. on the 31st March and reached Dacca at 11 P.M. in the night. (A copy of this document should be placed on the record as the original has to be sent back to the Department. The copy will be marked Ext. DE/1). The witness volunteers – “I sometimes prepared fictitious T.A. bills in order to attend meetings”. This bill which has been shown to me was also probably fictitious. From Chittagong to Comilla the journey is correctly shown in this document; but further on, the details are fictitious because I travelled from Comilla to Dacca and left Comilla on the 29th for Dacca itself. The ostensible purpose of this journey is shown in this document as visiting Comilla Rural Academy for sales promotion purposes and visiting Barisal to discuss setting up of a domestic agent there. This Travel Expenses Report amounts to a bill which I submitted. I do not actually remember whether I drew T. A. or not. If I sent in this report it means that I would be paid the money. If the statement contained in the paper is presumed to be corrected then there could not have been any meeting on the 30th March in Dacca. If this record is correct then I could not have even attended the meeting in Dacca on the 31st of March as this shows my arrival there at 11 P.M. in the night. In my official capacity, I could not have visited Comilla and Chandpur because they are within the jurisdiction of Dacca PIA District. I could have gone, however, on an official visit to Barisal and Dacca. It was not within the scope of my duties to visit the Comilla Acadamy for the purpose of sales promotion.
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TO COURT:
(The witness was asked by the Court to explain how he included in this bill the visits to Comilla and Chandpur if they were not within his jurisdiction). The witness says, “I might have taken the permission of the Area Manager to visit these places, officially”.
CROSS EXAMINATION BY MR. ABDUS SALAM KHAN CONTINUED:
Even after seeing this document I am not in a position to say definitely whether the meeting in Dacca took place on the 30th or the 31st March. The meeting was actually held after 9 P.M. It lasted about an hour.
I was examined at one time by Prof. (Dr.) Khaleq, Professor of Pathology and Prof. (Dr.) M.S. Alam, Professor of Surgery. I was suffering from a particular disease and have reported that fact to my PIA Medical Officer, he referred me for examination to these two Doctors. This was in 1966. Again said- all this took place in 1967 and not in 1966. It was between March to May, 1967 that I was referred for examination to these Doctors. Dr. Khaleq, Professor of Pathology is a brother-in-law of Lt. Moazzem Hossain. I do not know whether Dr. M.S. Alam is also a brother-in-law of Lt. Moazzem Hossain. Lt. Moazzem Hossain himself offered to get me examined by Dr. Khaleq, his relation whom he described as an expert in Pathology. I do not know if Dr. Khaleq has received this year a “Pride of Performance’ Award from the President of Pakistan. It is not correct to say that the telegram, Ext. P.W. 6/3 was sent to me by Lt. Moazzem Hossain intimating that he would come to Dacca to help get me examined by Dr. Khaleqe, Pathologist.
On the telegram Ext. P.W.6/3, I cannot find any time of receipt recorded. It is incorrect to say that my initial and date on the telegram was put by me on it subsequently.
The wireles works without wires. It functions for receiving and transmitting messages by wireless. The instrument is about 2 feet by 1 foot and it could be even smaller. I cannot say up to what distance an instrument, 2 feet by 1 foot, could function. A radio receiving set can be converted into a transmitter set by adding some parts. I have no idea how much a wireless set would cost. The price of such sets was not discussed in the meeting. So far as I know, wireless sets are not available in the
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market, in Pakistan. In the meeting, it was mentioned that we should have at least 5 slave sets and 1 Master set. The 5 slave sets would be then connected with the Master set. I have seen a wireless set in the Air Force. It is worked by voice. I cannot say whether wireless sets are also manufactured in Haripur, Pakistan. I cannot operate such a wireless set. So far as I know, none of the members of our revolutionary organization knew how to operate a wireless set. I cannot say what difference there is between a transistorised transmitter and a wireless set. I do not know whether Capt. Muttalib and Capt. Nuruzzaman were trained in operating wireless sets, in their services units. I do not know that accused Corporal Samad is an Instructor in operating wireless sets. In the Pakistan Air Force, I was in the Administrative Department.
I am not aware whether Mr. Shamsur Rahman was in Rawalpindi on the 30h and 31st March, 1967, on duty. I cannot say whether Capt. Muttalib was in the Combined Military Hospital on the 30th and 31st March, 1967 in Dacca. I was in Dacca from the date of this meeting until I received that amount of Rs. 25,000/-. Without seeing the documents, I cannot remember now whether I came on duty or on leave or for a weekend on the 29ch, 300h and 31″ March, 1967 to Dacca. I could have taken verbal permission from the Area Manager for leaving Chittagong for a weekend. By the weekend we mean after working hours of Friday, in PIA. I cannot say since when Friday afternoon is considered as starting a weekend in the PIA. The weekends consist of Friday afternoon to Sunday evening. Saturday is not a working day for officers in the office but for the operational and shifting duty staffs, it is a working day. Friday is a working day. I do not remember whether Friday afternoon has been included as part of the weekend by a decision from December, 1967. After the meeting, it could be that I stayed two three days in Dacca for consultation with the Area Manager here. For my stay in Dacca there would be some records to show that I did stay here on duty. That would be the officers’ movement record in Dacca.
I did not actually pay the amount of Rs. 500/- to Ali Reza but I issued a credit ticket to him for going to Lahore and back and the amount was debited to me in the PIA. When I issued this credit ticket, the amount was with me, out of the party fund. It is not necessary that one has to always apply for a credit ticket. It is within the discretion of the District Head everywhere to allow or refuse a credit ticket. At that time Mr. Yazdani was
304. Record of Proceedings, Agartala Conspiracy Case
the District Head of Dacca. The credit ticket to Ali Reza was issued from Chittagong. The journey was for travelling from Dacca to Lahore and back. The District Manager has the discretion to reject an application for a credit ticket even if the application is supported by a Bank guarantee. For individual ticket, there is no form for the credit application. For a Travelling Agency, one has to apply in a form. A District Manager can refuse to grant a credit ticket at any time without showing any reason.
In case the credit ticket is not reimbursed by the traveller, then the District Manager has to pay the amount from his salary. A travel agency also may issue a credit ticket at its own risk. So far as I remember the slogan was never published on behalf of the P.I.A. – ‘Fly now and pay later’. Ali Reza was staying somewhere in Dhanmandi at the time he went to Lahore. I do not know where Mr. Ruhul Kuddus lived at that time. I do not know whether Mr. Ruhul Kuddus was staying on the same road at Dhanmondi as Ali Reza when I issued the credit ticket to him for going to Lahore. I cannot say whether Ruhul Kuddus was in Dacca when Ali Reza travelled to Lahore on this credit ticket. Ali Reza wanted to go to Lahore on his own and I had a discussion with him. I issued the credit ticket sometime in October, *67. I cannot give the exact date. The credit ticket to Ali Reza was issued on 24″ October, ’67 as the document now handed over to me shows. (This document is marked Ext. D/2). This decision about the journey of Ali Reza to Lahore was taken in Dacca, in Hotel Shahbag, in a discussion between me and Ali Reza. The record about the issue of credit tickets will also be available in the Accounts Section in our head office. The document Ext. DE/2 is an invoice for the settlement of the amount for the credit ticket.
Probably Rs. 45/- was the air fare for going to Dacca from Chittagong one way and the return ticket will be slightly less than Rs. 90/-. This was the position in 1967. It is not correct to say that my story of issuing a credit ticket to Manik Chowdhury is false and was introduced to implicate him with others in this case. My office sent reminders to Captain Muttalib for clearing dues under the credit ticket that was issued to him. Till my arrest, the credit was not settled. ….
… PW6 (partial) documents missing…..
Record of Proceedings, Agartala Conspiracy Case 305
SPECIAL TRIBUNAL
Record of Proceedings
9.9.1968.
Present Mr. Justice S.A. Rahman, H.Pk., Chairman.
Mr. Justice M.R. Khan, S.Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member.
For the Prosecution: As before.
For the Defence: As before.
Accused present: As before
Witness on oath: As before.
CROSS-EXAMINATION OF P.W. 6, MIRZA MOHAMMAD RAMEEZ CONTINUED:
TO MR. ATAUR RAHMAN KHAN:
I know a Rath festival is held at village Udur. I do not know whether it was established by the Bhawal Raj. I do not know whether one, Shibcharan Mondal, was in-charge of the arrangements for that festival. I know my cousin’s husband, Afsaruddin who is looking after my property. It is not correct to say that Afsaruddin has occupied the land of Rozia Begum on my behalf, which she had gifted. I know of no shalish held to resolve any dispute about such land. No question of my paying Rs. 4,000/- to Abdul Wahab to compensate him arises because there was no such dispute.
From December, 1964 to February, 1965 I was posted as District Manager, Khulna in PIA for three months. While I was there I all along stayed at the Circuit House, Khulna. I did not register my name in that Circuit House as Ramizuddin.
I do not remember having received any letter from the Deputy Commissioner, Khulna about charges for the Circuit House which I had to pay. (The witness was handed over a letter issued by the Deputy Commissioner, Khulna dated 29.4.65 addressed to the District Manager, PIA, Chittagong). On seeing this, the witness said, “yes, this letter was received by me”. It contained a demand for rent for 12 days and I paid that rent. I see that the Deputy Commissioner addressed me as Ramizuddin in this letter.
I only served in East Pakistan Small Industries Corporation for about a fortnight as Assistant Director at a salary of Rs. 530/- per mensem. I was on release leave for three months from PAF, – January, February and March, 1962- and during this period I had been permitted to join the East Pakistan Small Industries Corporation. At Mirpur, there is a house called ‘Shelter’ which belongs to my father-in-law. I might have received a letter on 19th May, 1965 from Shamser Ali, Chowkidar of the Khulna Circuit House, demanding payment for food supplied to me there, amounting to Rs. 83.75. I paid for it. The letter is Ext. DE/4. I find to it is attached a money order receipt for payment of the sum to this person. (The witness volunteers that the bills were not submitted to him earlier).
I had retained the flat that had been allotted to me in Mohammadpur even after my transfer to Chittagong so that whenever I visited Dacca I or member of my family could stay there. My wife was also staying in that flat if she came with me. It is absolutely incorrect to say that my wife never joined me in Chittagong. It is not correct that my wife has been staying with her father for the last two years. She is now residing with her father for the last one week after she returned from Chittagong She was living in my official house while at Chittagong. It is not correct that she was asked to go out of the house at Chittagong. I cannot give exactly the size of my drawing room in Mohammadpur. It may be about
308 . Record of Proceedings, Agartala Conspiracy Case
11′-4″x7′-4″ or a little more, as suggested. I cannot say if the bed room in my flat is 13’x 11′ ft. There is an extension of the main room into the bed room. I cannot give the dimensions of that extension. There is only one show-case kept in the drawing room and a small single bed. In the bed room, there were two beds. Whenever I came from Chittagong I occupied one bed in the bed room and Dulal occupied the other. If my wife accompanied me she occupied the same bed with me. It is not correct to say that my wife spread her bed over some trunks in the extension of the room. If my mother or two children came to Dacca, on some occasions, they also stayed in that flat. Md. Yahiya alias Dulal’s father is Dr. Md. Yunus. The relationship I had with M. Yahiya is that his elder brother married my niece. I do not remember when this marriage took place. I forget the name of Md. Yahiya’s brother. I cannot remember how long ago he married my niece. Apart from this marriage, I have no other relationship with Md. Yahiya. I have known Md. Yahiya for the last three/four years. It is not correct that the girl, who has married Dulal, was staying in my house in Chittagong. It is correct that Md. Yahiya married in Chittagong in 1966. He married an Urdu-speaking girl belonging to a Chittagong family. It is not correct that I forced Yahiya to marry this girl against his wishes. I do not know if Md. Yahiya called himself ‘Yahiya Rameez’ or not. (The witness was handed over a letter and asked to say whether he had written a letter to Md. Yahiya addressing him as Yahiya Rameez. The witness answered in the affirmative. The letter is marked Ext. DE/5). I did issue credit tickets to Md. Yahiya. He may be named Yahiya Rameez in the documents pertaining to those tickets.
I do not remember if I described him as my brother for issuing one of the credit tickets, I might have done so. It is not correct that I got him appointed in Burmah Eastern. He appeared in the competitive examination and was selected. It is not correct that if one was talking in my flat, the words would be audible in the next flat. One can get ‘Nan’ and ‘Kabab’ from Shalamar Hotel at any time and not merely after sunset. I do not remember – again said – it is wrong that Ali Ahmed, my
Record of Proceedings, Agartala Conspiracy Case • 309
driver took a loan from the National and Grindlays Bank. I stood surety for another Ali Ahmed who was senior Sales Representative in the P.I.A. in respect of a loan taken from Grindlays Bank. I might have issued a credit ticket to Miss Dolly Hall. It is not correct that I obtained a house at 19, Indira Road, Dacca in 1966-67, in order to accommodate Dolly Hall and her sister, Bela Hall, an air-hostess. It is preposterous to suggest that I ever introduced Bela Hall as my second wife to society.
I do not know if Ali Reza, accused is an exporter of animals and birds. It is not correct to suggest that Ali Reza went to Lahore in connection with that export business. It is not correct to say that Ali Reza went to Peshawar to attend Jashn-e-Khaiber. He went there to contact Captain Muttalib. It is not correct to say that he paid me the money for his ticket in cash and that I misappropriated it and showed it as a credit ticket. When I went to the house of Ali Reza on the Laboratory Road in Dacca, I found his younger brother there and nobody else. I did not see his ailing father and other members of his family there. None of them came into the drawing room. I visited that house at noon time. I stayed there for about half an hour. Later on, Std. Mujibur Rahman also joined me there.
I used to drink. I have given up drinks since my arrest. He drinks were supplied to me during my detention. A bill of about Rs. 2,600/- may be pending against me in the Chittagong Club in respect of entertainment I had arranged, to mark the increase of frequency between Dacca and Chittagong flights and that bill has not yet been paid. This function took place in November, 1967 probably. There may be some other club bill of mine also pending there. I do not know if there is any outstanding bill against me in Shahabagh Hotel to the extent of Rs. 4,000/-. My monthly bill in the club used to come up to Rs. 1,000/- per mensem. I did not however, live beyond my means.
I have no amount with the Eastern Banking Corporation. I had overdrawn my account with the Commerce Bank to the extent of Rs. 5,000/- and from the Eastern Mercantile Bank to the extent of Rs. 2,000/. I do not think that there is any overdraft in my account in the National
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and Grindlays Bank. As a security for the overdraft in the Habib Bank I had hypothecated my car, Fiat-1100, with the bank. It could be that in respect of the overdraft from this bank, I received legal notice and after some correspondence, I offered my car as hypothecation for the overdraft. There was an overdraft in the National and Grindlays Bank in 1965, but that has been settled about 2 years back. It is not correct to say that I changed my name to Mirza Rameez only to avoid my creditors.
It is not correct that Air Marshal Asghar Khan came and saw me while I was in jail. It is not within my knowledge that he visited my house at Chittagong after my arrest. It is not correct that I was dismissed from the service after my arrest, by the P.I.A. I received no such letter of dismissal. Question of withdrawal of any such letter does not arise.
It is not correct that we started a Wheelers Club consisting of exairmen at Chittagong. Only once 15/20 ex-airmen, came to my house and we had tea together but there was no association. Iftekhar Ahmed, Manager, Motor Corporation, also joined us on this occasion. He is an ex-P.A.F. man.
It is not correct that I have falsely named Captain Khurshid, accused, as a member of the conspiracy, at the instance of the prosecution. It is not correct to suggest that there was no meeting at Anchorage or at my flat or at my house, as I have stated. It is not correct to say that I have given vague times of the meetings in order to facilitate the prosecution to connect some of the accused with the conspiracy.
TO. MR. MIRZA MD. GHOLAM HAFIZ:
I am an M.A. from Dacca University in History. I have two children, both are sons. The elder one is about 137 years and the younger is about 7 years old. I do not have a house of my own at Mohammadpur, Dacca nor did I have one there in 1966 or 1967. Nor did I possess any house of my own in the area of Dacca City. Nor did my wife own such a house in 1966 or 1967. In 1967, I did apply for a loan from my provident fund, probably for construction of a house, in Mohammadpur, Dacca. I think I asked for Rs. 3,000/- as a loan. As a District Head, I was also the
Record of Proceedings, Agartala Conspiracy Case • 311
recommending authority for the loan. I drew that money sometime in 1967. (The witness’s attention was drawn to a letter which he sent as District Manager for a loan from the provident Fund). This letter does say that, “my dwelling house at Mohammadpur Housing Estate is in deplorable condition and it is necessary that immediate repairs construction are to be made up so that it could be made good for dwelling purposes”. In fact, I had no such dwelling house in existence in Mohammadpur. (The letter is marked Ext. DE/6).
If I remember rightly, it was on the 30th March, 1965 that I joined as District Manager, Chittagong. As far as I can remember, I think I went straight to the EBRC Mess on arrival at Chittagong on that occasion. I got a seat in the mess on a telephone request on my arrival at Chittagong. The request was made to Col. Sheikh, Station Commander. I do not remember the Mess Secretary at the EBRC Mess, Chittagong in those days. I do not remember the dates but I stayed in that Mess for about 2 weeks. I cannot remember my room number. I may have met Capt. Nuruzzaman twice in that period in the Mess. I do not remember if Capt. Nuruzzaman was the Mess Secretary in those days. I was not a member of that Mess but I just applied for accommodation and was given it for 2 weeks. I must have cleared my bill there. I received two or three bills while I was there but I do not remember who signed those bills.
I had known Ali Ahmad, Sales Supervisor in the PIA from 1965. He was working under me at Chittagong. This Ali Ahmad was married sometime in 1966 at Chittagong. I might have acted as one of the witnesses at the marriage. The marriage took place at my official residence at 60, Panchlaish, Chittagong. I do not remember if Capt. Huda was one of the witnesses to this marriage. I do not remember if Capt. Nuruzzaman and Wahiduddin acted as witnesses to the appointment of ‘Wakill” for the bride in that marriage. There were entries made in a Marriage Register. If I was a witness, I must have signed the Kabinnama. I cannot remember if Capt. Huda was also a witness. I find on the Photostat copy, Ext. DE/7 that my signatures appear on this document below those of Capt. Huda. This document mentions the date of marriage
312 • Record of Proceedings, Agartala Conspiracy Case
as 20th November, 1965. There are also signatures on the right-hand side, in the lower part of this document, of Capt. Nuruzzaman and one Mr. Chowdhury. Column 11 of this document shows the names of the two witnesses to the marriage as Capt. Huda and myself.
(The Counsel says he has applied for the original of this document to be summoned by Court today. The Photostat copy would only be relevant if the original is in Court).
This means, therefore, that I must have known Capt. Huda at Chittagong, before I met him at the end of July or the beginning of August, 1966, in Dacca. I used to visit the Officers Mess at Chittagong even after I left it. I must have gone there almost twice a month. I used to go there on Fridays to purchase drinks. I was a member of the Chittagong Club. There I also used to go for drinks.
It is not correct to say that on my arrival in Chittagong for taking up the post of District Manager in the PIA, I first contacted Capt. Nuruzzaman for a seat in the EBRC Mess and on his refusal, I contacted Col. Shaikh. It is not correct to say that I used to meet Capt. Huda, frequently, almost every day, during my stay in the EBRC Mess. It is not correct to say that once in December, 1965, on a Friday I went to EBRC Mess for purchasing drinks but the Secretary, Capt. Nuruzzaman, termed me out from the Mess, on the ground that I was not a member of the EBRC Mess. It is not correct to say that while staying in the Mess, I was confronted by Capt. Nuruzzaman and Capt. Huda in my room one day, in the company of a girl, against the regulations of the Mess.
I must not be called up as a reservist during the September war with India. I am now 39. Everybody was not called up at that time. I do not know why was not called up. It is not correct to say that I was not called up for war services during September, 1965, as I was released from the PAF on a charge and finding of misconduct. I served my full term in the PAF. Before my release, I was posted as Station Adjutant in Dacca. I was posted at the end of 1959 and served here till 1962. Group Capt. Dogar was the Station Commander in Dacca at that time. As far as I am aware there was no allegation made against me to Group Capt. Dogar and he
Record of Proceedings, Agartala Conspiracy Case 313
made no enquiry and sent no recommendation to the PAF headquarters. I was never posted at recruitment Training School, PAF, and Kohat. I was posted to the maintenance Centre, Drigh Road, Karachi, in 1954 or 1955. Wing Commander Williams was the Officer Commanding at that Unit. Air Commodore B.K. Das was never in command of our unit while I was there. I am not aware whether there is any such rule to the effect that when an Airman is released on disciplinary grounds or discharged, then his name is not kept in the Reserve List and he is not called up for war services.
I met Capt. Huda for about two/three times after my meeting with him at 13, Green Square in July or August, 1966. Once I met him in his office. It is not correct to say that when I met Capt. Huda at his office, I requested him to supply some drinks from his Mess on credit, for having a Cocktail Party. The question of Capt. Huda’s refusal to supply drinks does not arise as it is not a fact that any such request was made by me.
Probably in 1965 or 1966 my son appeared at an admission test for admission in Fauzdarhat Cadet College, Chittagong. Probably he could not succeed in that test. It is not correct to say that I requested Capt. Huda to telephone to Col. Rahman for securing admission for my son in the Cadet College, Chittagong. It is not correct to say that I requested Capt. Nuruzzaman to persuade the Adjutant of the Fouzdarhat Cadet College, Chittagong, to give admission to my son.
I selected Capt. Nuruzzaman and invited him to join one party, out of the Captains I knew, because he was the Adjutant of the EBRC Mess. The EBRC in Chittagong was a training centre. East Bengal battalion passes out through this Centre. I cannot say whether a reservist had to report to this Regiment Centre during the September war. I do not know whether the Adjutant of the EBRC Centre does not command any troops. It is not correct to say that I have entangled Capt. Huda and Capt. Nuruzzaman and implicated them in this case, as they did not accede to my requests. I met Capt. Huda in Green Road but I do not know whether he resided in 13, Green Square or not. It is not correct to say that Capt. Huda did not reside in the Green Road house during the last week of July or the first week of August, 1966. In fact, he used to reside in that house.
314 . Record of Proceedings, Agartala Conspiracy Case
When I joined the Revolutionary movement, the relationship between India and Pakistan was very strained on account of the Kashmir, the run of Kutch affair and the September, 1965 War.
TO MR. MD. FAZLUL KARIM.
We did not allot any position to the members of our revolutionary organization. So, I cannot say what place I occupied in the party hierarchy. Nothing was suggested about my becoming prime minister of the proposed independent State of East Pakistan. The period from May, “66 to September, ‘67 is a serious period in my life and I used to be proud of it. I did not ask Lt. Moazzem Hossain as to what security was offered by him for obtaining a loan of Rs. 2 lacs from India. We did not discuss in our meetings as to what should be the basis of the price structure of commodities in the proposed State of East Pakistan. There was no discussion in these meetings as to, on what basis the coupons were to be issued, whether it was on the basis of work or on the basis of status. Nobody suggested in any of these meetings that the backwardness of East Pakistan was due to racial backwardness. I have read the book ‘Friends Not Masters’ by the President. In our meeting, it was not discussed that socialism is the only remedy for removing poverty and economic ills of East Pakistan. It was not discussed in our meetings nor was it suggested by anybody that the proposed independent East Pakistan State will turn itself in to a centre of conflict between Chinese communism and American determination to contain communism.
TO MR. BADRUL HAIDER CHOUDHURY.
I cannot say when on what date the telegram was sent to Captain Muttalib to come and attend the meeting. The decision to send this telegram was taken in one of the meetings. This decision was taken in a meeting held in June, ’67 and which was attended by Lt. Commander Moazzem Hossain, Ali Reza, Risalder Shamsul Haque, Samad, Std. Mujibur Rahman, J.U. Ahmed and I. I cannot say exactly as to in which
Record of Proceedings, Agartala Conspiracy Case 315
week of June this meeting took place. The telegram was not drafted in my presence and I cannot say who drafted it. I do not know after how many days of this meeting the telegram was actually sent. There was a gap of about 20 days between the sending of the telegram and the holding of the meeting in which the delegation was selected. In the middle of June, ’67 I might have gone out of Pakistan for 2/3 days. I went to Bangkok. It may be that I was away from Pakistan from the 18th to the 23rd of June, 1967. My normal working hours in the P.I.A. in Chittagong were 9 A.M. to 4-30 P.M. I did not need taking any permission if I went to the suburbs of Chittagong during office hours or after office hours. After July, ’67, I continued to do party work and by that, I meant that I was in search of a new leadership of our organisation, but I did not contact anybody for that purpose. It is not correct to say that the story of sending telegrams to Captain Muttalib and Mr. Shamsur Rahman is false. I did not go to the new market Dacca yesterday. In answer to the question whether he was accompanied by Seargent Shamsuddin, the witness says “this question does not arise because I am in custody and I did not go to New Market yesterday”. It is not correct to say that the story which I have given that I used to submit fictitious bills for travelling, in order to cover my activities for this conspiracy, is false.
TO MR. ABDULLAH.
P.A.F. authorities did not arrange for my employment with the P.I.A. on my release. I do not know whether the President visited Chittagong town in November, ’67 when he went there in connection with some official function. I do not know whether the President cut short his visit to East Pakistan at that time or not. I never heard or read in any paper to the effect that any attempt was made at that time on the life of the President and that it was averted. I did not preface some of my answers with the words ‘I do not remember’, merely because I was suppressing the truth. In June/July, 1967 when I went to the residence of Capt. Alam in Comilla, we found him standing on the verandah of his house. I was not introduced to the family of Capt. Alam and nobody else of his family
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met me. There was no agenda for the meeting in Capt. Alam’s house. The distance between Capt. Shawkat’s house and Capt. Alam’s house will be about 6 miles. When we arrived at Capt. Shawkat’s house he came out from his house and met us in the compound. We left Capt. Shawkat’s house at about 4-30 P.M. We did not have any tea or any drink in Capt. Shawkat’s house. We left Capt. Alam’s house at about 330 P.M. I was told by Capt. Shawkat that Capt. Alim and Capt. Huda were posted in Dacca in those days. It is not a fact that Capt. Huda was not in Dacca in those days and it is not correct that Capt. Shawkat could not have stated so to me. It is not correct to say that my statement to the effect that I met Capt. Alim and Capt. Shawkat in Comilla in June/July, 1967 and that we preceded to Capt. Shawkat’s house from the residence of Capt. Alam is false.
I became a member of the Chittagong Club in 1965. I have never acted on the stage in my life.
Record of Proceedings, Agartala Conspiracy Case 317
SPECIAL TRIBUNAL
Record of Proceedings
10.9.1968.
Present Mr. Justice S.A. Rahman, H.Pk., Chairman.
Mr. Justice M.R. Khan, S.Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member.
For the Prosecution: As before.
For the Defence: As before.
Accused present: As before.
Witness on oath: As before.
CROSS-EXAMINATION OF P.W. 6, MIRZA MOHAMMAD
RAMEEZ CONTINUED:
TO MR. ZULMAT ALI KHAN:
I do not remember what salary I was drawing at the time when I was released from the PAF. I am drawing a pension for my service in the PAF. My pension is Rs. 166/- per menses. I cannot remember the scale in which I was placed in the PAF. I cannot say if the pension I draw is onethird, one-fourth or one -fifth of the salary I used to draw. In the PAF the first Short Service Commission is for five years extendable by another five years and on its expiry, there may be a further extension. I had joined in the Short Service Commission. After ten years of service in the
SPECIAL TRIBUNAL
Record of Proceedings
10.9.1968.
Present
Mr. Justice S.A. Rahman, H. Pk.,
Chairman. Mr. Justice M.R. Khan, S.Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member.
Both the Respondents with Mirza Gholam Hafez, Advocate are present. They have submitted a written explanation expressing unqualified regret for the lapse committed by them in publishing an incomplete report. They have explained the circumstances in which it happened. On the 29“, they published a contradiction of the earlier report in so far as they made it clear that the witness had denied the correctness of the allegations made in the petition to the Home Secretary.
Mr. Manzur Quadir states that as unqualified apology have been tendered with a promise to take care in the future, he would not press for any further action. The paper should publish in its next issue the unqualified apology tendered in this Court and they should be warned that any future lapse on their part in this regard will call for severe action. With this, the notice is discharged.
Chairman.
Member
Member
PAF I was not offered any extension. It is not true that I was not given the extension because I was found unfit for further service.
At the time when Lt. Moazzem Hossain told me of the sources from which he had obtained party funds, he was posted at Barisal. This information was given to me sometime in March, 1967 but I cannot remember the date or the day. It is not true to say that I am not disclosing the date of this information given to me because otherwise, my statement might become inconsistent with my remaining evidence. It is not correct to say that I have given a false statement as regards the sources of money revealed to me by Lt. Moazzem Hossain.
I had no apprehension of arrest before I was actually arrested.
I see the Leave Card handed over to me which relates to my leave from 31.12.62 till 30th June, 1966. (The document is marked Ext. DE/8). I find now that this Leave Card carries the leave account up to 29.7.67.
I cannot remember if I saw the Audit Report of the PIA for 1965-66 before my arrest. My office was audited every year. It may be that the report was sent for my comments to me after the audit was over.
While at Rajarbagh Centre I was kept in a separate room but it is not correct to say that I was tortured by continuous interrogation or by a high powered bulb being focused on me. Nor was I tortured in the Dacca Cantonment; in order to force me to make a statement to the Police as desired by them. It is not correct that I was shown the Audit Report for 1965-66, while I was in detention in the Cantonment and threatened with prosecution in order to compel me to make a statement. I do not know if the Audit Report for 1967 was prepared on 13.2.68 because I was then under detention. While under detention in the Cantonment I was not interrogated by Col. Sher Ali Baz. It was during the meeting held in March, 1967 at my flat, that the disclosure was made to me by Lt. Moazzem Hossain about the sources of party funds.
The bill, of which the copy is Ext. DE/1 has been shown to me by the Counsel. I cannot say without looking at the covering letter when it was sent to the Dacca office.
322 . Record of Proceedings, Agartala Conspiracy Case
It was in the end of 1959 or in the early part of 1960, that I was posted to Dacca on transfer from Peshwar. For sometime, I was incharge to the PAF Dramatic Club at Peshwar. I do not remember whether one, Salim, a dancer used to attend that Club. I did not have any personal servant named Salim. I do not remember any Boot-boy by the name of Salim. I do not remember any Mr. Mirza, Air-man, who might have served under me in Peshwar. (Mr. Zulmat Ali Khan wanted to suggest by a question that some scandalous relations existed between the witness and one, Salim dancer, at Peshwar and he was asked whether he had any basis for the suggestion. The learned Counsel was unable to reveal any good basis for the question, apart from “instructions” of his client. The question being scandalous in nature, without any reasonable basis, is hereby over-ruled).
My father’s name as given by me in this Court as M.M. Siraj means MOHAMMAD Mahmud Siraj and he was also known as Sher Mahmud.
To MR. M.A MALEK:
It is not correct that my son has been admitted in a public school at the initiative of the Government and his expenses are being paid by the Government. While I was at Chittagong I had visited the Naval Base once or twice. I do not know any officer with the Navy posted at the Naval Base. I had merely gone there to attend some parties. I sometime met Army and Naval officer in the Chittagong Club. It is incorrect that I have implicated Risalder Shamsul Huq in this case at the instance of one Lt. Sharif of the Navy. In fact, I do not know this Lt. Sharif at all. I do not know if this Lt. Sharif is a friend of Major Ashraf, officer commanding squadron in Chittagong.
The officers who used to attend our meetings from the armed services were in civil dress. I do not know Risaldar Shamsul Huq received 5 promotions during his service. Once Risaldar Shamsul Huq told me that he had been awarded “Tamgha-e-Jurat’ for his services during the September war, 1965. I do not know if this award is accompanied by 48 bighas of land and allowance of Rs. 30/- par month for three generations. It is incorrect to suggest that I do not know
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Risaldar Shamsul Huq at all and never met him in my life. I might have used the rank “Subedar” before the name of Shamsul Huq, in my statement to the Magistrate, in connection with the meeting held in my house in June, 1966. I might have done because Risaldar and Subedar are equal ranks. I might have mentioned him as “Subedar Shamsul Huq” in connection with my giving Rs. 2,000/- to him, in my statement to the Magistrate. The “Subader Shamsul Huq” to whom I have referred in my statement to Magistrate, and Risaldar Shamsul Huq accused whom I have identified in this court is not deferent persons. They are one and the same person. I do not know of any Subedar Shamsul Huq who was posted at Joydebpour in the 4th Bengal Regiment, in 1966-67. It is incorrect to say that I have identified Risaldar Shamsul Huq in this court, because I had been shown his photograph by the Investigating agency before coming to this court. It is wrong to suggest that I paid no money to Risaldar Shamsul Huq. I did not see any scooter of his own with Risaldar Shamsul Huq, prior to the handing over of the money I have him to purchase a scooter.
TO MR. SYED NURUL ALAM.
(The witness was asked to say what was the pattern of Government depicted in the diary, the folder and the exercise book that were shown to him in one meeting). He says it was said there in that after independence had been achieved, a period of Martial Law would be proclaimed for about 5 years, and when normalcy returns, there would be a referendum to elect a council and the House of experts who would decide the type of Government. After that, they would lay down the pattern of Govt. The Government as visualised in these documents was of the people, by the people and for the people. My idea of a ” model state” is a State which will be by the people, of the people, for the people and under such a Government everyone should have a house to stay in and should have food to eat and the citizens should have free education and political jugglery, etc. should he completely eliminated. In the documents, it was not mentioned whether this would be a State which would prohibit liquor or not, but there was an argument between me and Lt. Moazzem Hossain
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about it. My opinion was that liquor should continue in the State and this opinion prevailed in the end. The present Government in certain respects does not conform to my conception of model State.
I do not remember if I named the hotel in Feni, wherein delegates to Agartala were supposed to stay, in my statement to the Magistrate, (not mentioned). I stayed in Hotel Inter- Continental in May -June, 1967, for greater comfort, though I had a flat in Dacca. While I was in army custody no photograph of mine was taken. My photograph was taken while I was in the Central Jail.
(No other counsel wishes to cross-examine the witness).
TO MR. MANZUR QADIR in re-examination:
I see the document Ext. D/3. It shows that I travelled to Rangamati on the 11″ July, 1967. This is actually a fictitious bill. I only went to Feni and in order to cover up my journey, I showed as if I had traveled to Rangamati. (Mr. Ismail says that no explanation can be offered in this behalf under section 93 of the Evidence Act. This objection is not valid).
The document now marked Ext. P.W. 6/13, shows that I remained at Bangkok from the 18th June, 1967 till the 20th June, 1967 and returned to Dacca on the latter date. What I stated in this Court in cross-examination that while leaving Chittagong for Dacca. I also took permission from my Area Manager, which would be recorded at once or later, was intended to mean only this that if I went without any written application for leave on obtaining oral permission, in that case, this would be recorded either immediately or some time later.
TO MR. ABDUS SALAM KAHN by special permission, in crossexamination:
I had not mentioned to the Magistrate that the document Ext. D/3 is a fictitious document in so far as it mentions a visit to Rangamati instead of Feni.
(Mr. Md. Ghulam Hafiz points out that at pages 424 and 425 of the record, there is a reference to “13, Green Square”. It should be replaced by ” Green Road”. The witness agreed. Accordingly, the correction has been made, in both pages).
Record of Proceedings, Agartala Conspiracy Case • 325
Deposition of P.W.7, Capt. M. Abdul Alim Bhuiyan, on solemn affirmation.
My name is Mohammad Abdul Alim Bhuiyan, son of Alhaj Nazomuddin Bhuiyan of village Paramatala, P.o. Brindarampur, P.S. Moradnagar, District Comilla aged 30 years, by faith Muslim.
I joined the Pakistan Military Academy in May, 1960. After completion of the training, I was commissioned in the Pakistan Army Ordnance Corps. I joined C.M.T.S.D at Chaklala. The initials stand for Central Mechanical Transport Store Depot. I know Capt. Najmul Huda since my College days. In 1965 I was posted at C.M.T.S.D. Golra. Capt. Huda at that time was admitted in the C.M.H., Rawalpindi. He went there for cheek up of his health. (The witness correctly pointed out Capt. Huda in the Dock). In those days I used to meet Capt. Huda frequently. We used to discuss the economic condition of East Pakistan and the standard of living in both the Wings of Pakistan and mostly the disparity in development in both the Wings of Pakistan. The aspect of disparity seemed to us to be very revolting. We were determined that unless something is done about East Pakistan, there will be no hope for East Pakistan for the next few years. We were convinced that it was a deliberate attempt on the part of the Central Government to exploit the resources of East Pakistan for the benefit of West Pakistan. So we made up our minds that in future whenever a chance came we would take steps for separating East Pakistan now the bondage of West Pakistan.
In the middle of 1966, I was posted in Dacca in the 8th Div. Ordnance Coy. under the 14 Div., Dacca. I joined this unit on the 1st of June, 1966. Probably in July, 1966, Capt. Huda was posted at 36 S.&T. The battalion under 14 Div. Dacca. This initials S.&T. Stand for Supply and Transport. As we shared the same views, we used to meet frequently in the office, in the Mess and in his house. Capt. Huda used to live in a house located in Green Road, Dacca in those days.
I know Mr. M.M. Rameez who is now sitting in Court. One day Capt. Huda invited me in his house towards the end of July or the beginning of August, 1966. I went to his house according to the
Record of Proceedings, Agartala Conspiracy Case .327
invitation and found a guest sitting there in his house, who was introduced to me as Mr. M.M. Rameez of PIA, Chittagong. Mr. Rameez raised the topic of disparity while we were discussing things. At that time another gentleman came there who was introduced to me as Lt. Moazzem Hossain, of Pakistan Navy, (The witness correctly identified Lt. Moazzem Hossain, accused, in the dock). Mr. Rameez then talked about the disparity and said “we cannot make any progress in any walk of life unless East Pakistan is declared as an Independent States”. I was also of the same opinion and said “unless and until East Pakistan is declared as an Independent State, we will remain backward forever”. Mr. Rameez became encouraged when I said this, and he declared that they had already an organisation which plans to seek Independent of East Pakistan by an armed revolt. Before departure, Mr. Rameez also told us that he would ask us to attend one of the meetings of the said organisation. Saying this Mr. Rameez departed from the house of Capt. Huda along with Lt. Moazzem Hossain. After their departure, Capt. Huda and I were Left alone in that house. I was already aware of those questions of disparity but I felt reluctant to join the revolutionary organisation straightway. In that connection, Capt. Huda reminded me of the promise that I had made in Rawalpindi and ultimately I yielded to his persuasion to join the organisation which aimed at securing the independence of East Pakistan.
After a few days of this incident, Capt. Huda, one day, came to me in the Mess and told me that, that day we would be attending a party meeting of that organisation. The meeting he said, would be held at Mohammadpur in the flat of Mr. Rameez and that I should go to the house of Capt. Huda where he would take me to the place of the meeting. Accordingly in the evening at about 8 O’clock, I went to the house of Capt. Huda. Then we started for the place in his car, Herald Triumph. I cannot remember the location but I remember that a guide met us on the way. The guide was Std. Mujibur Rahman. When he got into the car I recollected that I had seen him somewhere before. Then I recollected that he was the same person who was standing in front of the garage of Capt.
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Huda when I had met Mr. Rameez. (The witness correctly identified Std. Mujibur Rahman, accused, in the dock). We went to a house when Lt. Com. Moazzem Hossain came out of the house and welcomed us in. To my recollection, the meeting was attended by Capt. Huda, Lt. Com. Moazzem Hossain, Std. Mujibur Rahman and I. To my recollection, these were the persons who attended the meeting. Lt. Moazzem Hossain opened the discussion by saying that the economic disparity prevailing in East Pakistan was very heart- rending. He gave us a vivid description of the disparities prevailing in different fields of activities. He was of the opinion that the speeches delivered by the politicians were of no avail. The only alternative left for us was to declare East Pakistan as an Independent State through an armed revolt. He proposed to organise militant groups composed of Ex-servicemen and servicemen in different Cantonments in East Pakistan and to paralyse the West Pakistani units located therein. In the end Lt. Moazzem Hossain requested us to spread the ideology amongst the maximum number of officers and men and enlist the support of responsive officers and men to our organisation. Nothing else was said in that meeting.
I knew Capt. Shawkat Ali Mian since I was commissioned. He was at that time serving in Pindi and later on was transferred to East Pakistan. (The witness correctly identified Capt. Shawhkat Ali Mian, accused in the dock). On one Saturday evening, probably towards the latter half of August, 1966, Capt. Shawkat Ali came from Comilla and stayed with me in the Ordnance Officer’s Mess, Dacca. It was a coincidence that the same evening Capt. Huda, Lt. Moazzem Hossain and Std. Mujibur Rahman also came and dropped in my room. I came to know that Capt. Shawkat Ali Mian was already known to Lt. Com. Moazzem Hossain. Over a cup of tea, Lt. Moazzem Hossain said that as Capt. Shawkat Ali Mian was also here in Dacca, we should have a meeting, of the party on the following morning in the flat of Mr. Rammez located in Mohammadpur, Dacca. Accordingly, the-next morning, we went there to the flat of Mr. Rameez in the Mohammadpur colony, at 10 o’clock. To my recollection, this meeting was attended by Capt. Shawkat Ali Mian,
Record of Proceedings, Agartala Conspiracy Case • 329
Capt. Huda. Lt. Moazzem Hossain, Std. Mujibur Rahman and myself. Lt. Com. Moazzem Hossain reiterated the same aspects of disparity that existed in different fields of national activities in Pakistan and the consequent miseries imposed on the East Pakistanis. He emphasized the need for the formation of a revolutionary organization as quickly as possible. Then Lt. Moazzem Hossain considered each cantonment of East Pakistan one by one, and the support available therein. He started with Chittagong cantonment. At that time he mentioned the name of Capt. A.N.M. Nuruzzaman and he said that Capt. Nuruzzaman along with the Navy Personnel from the Naval Base in Chittagong, would be able to organize the movement which aimed at securing the independence of East Pakistan. Capt. Nurazzaman was at that time acting as the Adjutant of the East Bengal Regimental Centre, Chittagong. Then he praised the organisational work done in Comilla Cantonment by Capt. Alam, Capt. Shawkat and Capt. Mutalib. I knew Capt. Nuruzzaman when we were in the University together. I did not meet him in connection with the conspiracy but his name was mentioned to me. Then he directed Capt. Shawkat to propagate the movement in 5th and 6th East Bengal Regiments. Capt. Shawkat Ali Mian promised to contact Major Malik of the 5th East Bengal Regiment and Capt. Waheed of the 6th East Bengal Regiment. In the end Lt. Moazzem Hossain directed Capt. Huda and myself to visit Jessore and contact Capt. Ziauddin of the 1st East Bengal Regiment. Then the meeting ended.
According to the instruction of Lt. Com. Moazzem Hossain, Capt. Huda and I went to Jessore after about five or six days, on a Saturday evening. We went to the East Bengal Regiment Mess, Jessore and met Capt. Ziauddin and with all possible arguments tried to persuade him to join our movement. Major Sadequr Rahman Chowdhury was also present in that meeting. Both of them were however, reluctant to join our movement. We then returned from Jessore.
After our return from Jessore, we evaluated the progress of our movement. I do not exactly remember where we met but we used to meet frequently in his residence as well as our office. We also considered the
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risk of the movement. The movement was not gaining any momentum as there was lack of support from army officers and it was moving in a haphazard way. We, therefore, proposed that we four army officers, namely, Capt. Alam, Capt. Huda, Capt. Shawkat Ali and myself would meet at a place to decide whether we should continue our association with the movement or not. We accordingly met at Daudkandi Dakbungalow on the way to Chittagong. We all four of us were present there. We apprised the other two officers that the movement was not gaining any support from Jessore and Capt. Shawkat Ali was also of the opinion that from Comilla the movement was not gaining any support. We, therefore, decided that in the next meeting whenever it would be held in Dacca, we would ask Lt. Moazzem Hossain to elucidate the issue of leadership, financial support and the security clearance of the persons involved in it. This meeting at Daudkandi Dakbungalow took place in the last week of August, 1966 (The witness correctly identified Major Alam in the dock).
After a few days, Capt. Huda informed me of a meeting which was to be held in the flat of Mr. Rameez in Mohammadpur. That meeting was held in the 1st week of September, 1966. This meeting was attended by Mr. Shamsur Rahman.
Mr. Shamsur Rahman, C.S.P., Mr. M.M. Rameez of P.I.A., Chittagong, Lt. Moazzem Hossain, Capt. Alam, Capt. Huda, Steward Mujibur Rahman, one Sultanuddin Ahmed and myself. (The witness correctly identified Mr. K.M.S. Rahman in the dock. When asked to identify Sultanuddin the witness stated that he would not be able to identify him as he had met him only once, in connection with the organisation). In that meeting, I am not sure who introduced Sultanuddin to me but my impression is that Mr. Rameez did so. Lt. Moazzem Hossain opened the discussion by declaring that the Government of India had agreed to provide us with arms and ammunitions for the movement. He stated that the speeches made by our Politicians were fruitless. He also stated that Capt. Mottalib of E.P.R., Comilla, would be responsible for training, of the ex-service men and service men in the art of weapons
Record of Proceedings, Agartala Conspiracy Case .331
that we would be getting from India. Lt. Moazzem Hossain could not nominate the sector commanders in that meeting as we, the three army officers, diverted his attention to the issues that were troubling our minds. He also declined to disclose the sources of financial support. In connection with the leadership, I proposed the name of Col. Osmani. In that connection, Mr. Shamsur Rahman undertook to contact Col. Osmani. Talking about foreign relations, Mr. K. M. S. Rahman said that India and the block supporting her, would be readily recognising the independence of East Pakistan State. He also said that it would be against the interest of India to invade the newly formed state of East Pakistan. Mr. Moazzem Hossain also gave out in that meeting that after the achievement of independence, martial law would be declared in East Pakistan and after the return of normalcy, general elections would be held. Someone also said, possibly it was Lt. Moazzem Hossain that West Pakistanis captured in East Pakistan would be exchanged with the East Pakistanis in West Pakistan. Mr. Rameez was of the view that during the takeover, P.I.A. Planes and P.A.F. planes and radio sets, would also be used for the purpose of communication and transportation. This was the last meeting that I attended while in the revolutionary organisation.
Capt. Shawkat Ali when he stayed in the ordnance Mess, used to take his meals as my guest in the mess. Lt. Moazzem Hossain also took the meal with me in the ordnance Mess on the day that Capt. Shawkat came from Comilla and stayed with me. Capt. Alam when he came from Comilla also stayed with me in the ordnance Mess. (Witness was handed over a register by learned Counsel). This is the register of the ordnance officers Mess, Dacca Cantonment. This contains entry No. 13 dated 28.6.1966 relating to me, and shows two extra dinners debited to me for that day. (The page of the register is marked as Ext. P.W. 7/1 and the register is marked as P.W. 7/2). On the page now marked as Ext. P.W.7/3 this Register shows an entry at serial No. 18, by which an extra dinner was debited to my account on 3.9.66.
Towards the end of December, 1966, Capt. Huda called me in his office and told me that our activities in connection with the separatist
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movement had leaked out. On my query as to how he came to know of this, he stated that on the previous night, Major Rouf and Capt. Jamal, Inter Services Intelligence Directorate, Dacca had come to his house and informed him about the leakage of the movement and the involvement of Capt. Huda and other officers in this case.
(Note: This evidence would only be admissible if Major Rouf and Capt. Jamil are examined as witnesses in this case but not otherwise.)
I made a confession before the Magistrate. It was made in the middle of February, 1968. I was tendered pardon on the 23rd May, 1968. I accepted this pardon.
CROSS-EXAMINATION OF P.W. 7 Capt. M. ABDUL ALIM BHUYAN
TO MR. ABDUS SALAM KHAN: I was arrested in Dacca. I did not know under what law I was arrested nor I was told about it. I was arrested by the military. I asked them about the reason for my arrest but I was told that it was under the orders of G.H.Q., Rawalpindi. I was arrested on the 4th of January, 1966. I was taken to Rawalpindi after a few hours of my arrest. I was taken to Sub-Area, Rawalpindi. I was taken to the officers’ Mess, 8th Panjab Regiment in Rawalpindi. Major Manzoor met me in the officers’ Mess. I was kept in the officer’s mess under armed escort. One officer used to remain with me all the time. This officer used to change. I stayed in one room of the mess. In that room, one officer used to stay with me always. The room had doors and windows. The room had glass windows but the glass-panes were not painted. On the following morning, I was taken to the interrogation centre. I was interrogated by quite a few officers, I do not remember their number it could be 5/6. Some time they used to come together, some time one officer used to come to interrogate me. This interrogation went on for a week. I came to Dacca on the 23rd January, 1968. I reached Rawalpindi on the 4th January, 1968. The questions sometimes jotted down notes and at other time they did not take down anything. They did not tell me what they had written down. There was not a discussion about the
Record of Proceedings, Agartala Conspiracy Case . 333
statement before any Magistrate there. During those days I was given news papers. I read a newspaper towards the end of my stay in Rawalpindi. During the first few days I was worried and did not read any-news paper. No charge against me was explained to me. The interrogation was in relation to this conspiracy case.
I did not know whether any other officer was taken to Rawalpindi in this case. Only when the complaint was published in the news-paper, in this case, I came to know that Capt. Alam and Capt. Huda were also arrested in connection with the case. I did not decide to be a witness in this case at Rawalpindi. It was towards the beginning of May, 1968 that I decided to be a witness in this case. On my return to Dacca I was kept in the Dacca Cantonment in 14 Division Officers Mess. I was kept segregated in one room here. There used to be an officer escorting me at all times. The officers that stayed with me in Rawalpindi were not from East Pakistan. Some time I was escorted by an East Pakistani officer at Dacca while under detention. I can not name any one of those East Pakistani officers. I talked to my guard but I did not enquire their names, their names their place of residence, etc. While in detention, either in Dacca or in Rawalpindi, I normally talked in English and in no other language. I was kept in segregation in Dacca.
In the room where I used to stay in Dacca Cantonment some of the glass-plates of the windows were not painted. In Dacca Cantonment, I was interrogated by a Police officer but not by any army personnel here. This Police officer came twice. My confessional statement to the Magistrate was made in Dacca. Before making my confession before the Magistrate I did not meet any police officer. I told Lt. Sharif of the Pakistan Navy that I intended to make a confession, about a week before my confession to the Magistrate. I never appeared in any court before this, nor was I involved in any other case before this. Nobody told me that I could make a statement before the Magistrate. I only told Lt. Sharif of the Pakistan Navy that I want to confess whatever I have done in this connection. Lt. Sharif then said ‘you will be taken to a Magistrate for your confession
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Lt. Sharif used to visit me frequently. I told the Magistrate verbally the facts and he took down the statement. I signed that statement after finding that the record was correct according to what I stated. Whatever I stated was recorded there and after it was read over to me I signed that statement. I spoke in English. The facts I stated verbally, were recorded, but there might be variations in the words. I made my statement before the Magistrate on the 15th February, 68. I do not know whether Mr. Rameez made his confession before the Magistrate on the 13th February, 68. It is not correct to say that I and Mr. M.M. Rameez were tutored by the same person and we made our statements to the Magistrate from the same written statement prepared by such officer.
Record of Proceedings, Agartala Conspiracy Case 335
SPECIAL TRIBUNAL
Record of Proceedings
12.9.1968
Present
Mr. Justice S.A. Rahman, H.Pk., Chairman.
Mr. Justice M.R. Khan, S.Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member.
For the Prosecution: As before
For the Defence: As before.
Accused present: As before.
Witness on oath: As before.
CROSS-EXAMINATION OF P.W.7, CAPT. M. ABDUL ALIM
BHUIYAN CONTINUED:
TO MR. ABDUS SALAM KHAN :
The Magistrate had read over my confessional statement to me after it was concluded and then I signed it. I cannot remember now what words out of the statement I made, were varied by the Magistrate. Nor can I remember if I noticed any particular variations in the statement recorded, when it was read over to me and I signed it. No copy of my confessional statement was given to me to read, before I came to the Court today. (The attention of the witness was drawn to a portion of his confessional statement before the Magistrate as follows: “During the conversation, he introduced the issue of parity. We were already primed
with discontent. His remarks invoked our patience”. The witness was asked whether this statement had been correctly recorded. He answered in the affirmative.) It is not correct to say that the passage just now recited was recorded in this form because could not read out properly a written statement which had been supplied to me before my confessional statement was recorded. No such written statement was supplied to me. (The witness was asked what he meant by saying ‘invoked our patience’.) The witness says, it means that the feelings we already had on the issue revived. ‘Patience’ in Bengali can be translated ‘Dhariya’ (Dhiraj). I am not sure whether I pronounced the word ‘Passions’ as ‘Patience’ while making my statement and the Magistrate therefore, noted the letter word. ‘Passions’ means deep affection or hate towards something. I do not know the word ‘permiated’. (He was asked to pronounce the word ‘permiated’ end he did so). It is not correct that I used the word ‘permiated as ‘primed’ in my statement to the Magistrate. I used the word ‘primed’ myself. The word, however, in my statement as recorded is spelled wrongly as ‘premied’. (The witness was handed over a paper with Bengali writings. He was asked whether he could translate them into English). The witness says,” I cannot translate any one of these four passages into English”. (The paper is marked Ext. DF/1. A typed English translation of these passages would be put in, to be marked as Ext. DF/1A). While in detention in the Dacca Cantonment I did meet Capt. Shaukat in the 14″ Div. Mess. I do not know where Capt. Huda was being kept. Capt. Shaukat was kept in the same room with me. I knew that he also made statement, to the Magistrate because he himself told me about it. I do not know if Capt. Huda was kept in the same building in which Capt. Shaukat and I were kept. I never met Capt. Huda while under detention. (The witness was handed over a Bengali Book). He says, I was issued this book from the Unit Library while I was under detention. The Guard Commander had asked me whether I had any religious book with me, as some other officer wanted one and I gave him this book. I did not know for which officer he wanted it.
I am married. I was married on the 23rd October, 1966. My wife is not living in my quarter with me. At the beginning of March, 1968, she was admitted into the C.M.H. for delivery of a child. I was allowed to go
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into the Hospital, to see my wife and child. I did write to my wife letters while under detention and she sent replies to me. Letters passed through Major Naser.
It is not correct to say that I was supplied a written statement written by Major Hasan before I was taken to the Magistrate for my confession. Major Hasan used to come occasionally to see me while I was in Dacca Cantonment. He said that he was an officer who was assigned the duty of looking after me. He said that he was from the department of the Judge – Advocate General. He had never any discussion with me about the facts of this case. Major Hasan was posted in the 14th Division. He said that he was attached to that Division. I do not know where he was posted before that, The Headquarters of the Judge Advocate General are at Pindi.
I do not know if Capt. Mutalib was also in Pindi while I was there. Nor do I know if Capt. Huda and Capt. Alam were in Pindi at that time. Major Hasan never told me that if I would make a statement according to their dictation, I would be made approver and given pardon. The officer, who used to stay in my room initially, was sometimes of the rank of Second Lieutenant, sometimes Lieutenant and sometimes Captain. Later on, there used to be an armed guard outside my room, but no one inside the room and the rooms were in charge of a Lieutenant or Second Lieutenant who used to live in one of the rooms. The man guarding outside my room used to be a J.C.O. He was in charge of the guard party. It is not correct that the guard used to enter my room and to sit on a chair. On the lawn in front of my room, there used to be dinner and lunch for the mess. Sometimes there was a variety show by the Jawans also. Except a few, the window-panes of my room were painted. I never peeped through any unpainted panes, as I never felt like that. I do not remember any occasion on which an officer attending any such Party had passed by my room and had told me that I should face the music. I was not in need of mosquito curtain as it was winter time. It is not correct that I asked for a mosquito curtain and I was refused initially.
It is not correct that I was given electric shocks by way of torture. It is not correct that on the 5th of January, 1968, at night, I was made to stand outside in the open, with only one underwear; nor is it correct that I saw Capt. Huda and Capt. Mutalib in the same condition. It is not correct
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that anybody told me that I would be facing a Firing Squad. In AprilMay, 1965, Capt. Huda was admitted in the C.M.H., Rawalpindi, due to an accident in which he was involved. The accident was that while learning equitation, he fell from his horse. It was either in December, 1963 or January, 1964 that he met this accident. At the time I met him in the Hospital in 1965, he had gone there for a recheck-up. I do not remember if I stated to the Police that “during my stay here, Capt. Nazmul Huda, A.S.C. met with an accident and was brought to the C.M.H., Rawalpindi” (so recorded). He was not in a Cabin but staying in the Officers Ward in the Hospital. It was a long Ward but I cannot remember how many beds it contained. The talk that I had with Capt. Huda was not in that ward.
I do not remember if I stated to the Magistrate that when I went to Capt. Huda on Green Road, Dacca and found Mr. Rameez with him, Lt. Moazzem Hossain joined us there (not so recorded); nor do I remember if I stated that to the police (not recorded). It is correct that a Police Officer had interrogated me twice. I do not remember if I mentioned the above fact in my second statement to the police (not recorded). It is not correct that I have mentioned for the first time in this Court the name of Lt. Moazzem Hossain in this context, in order to provide corroboration for the statement of Mr. Rameez, approver. I read newspapers daily these days. I read the proceedings of this Court in those papers. I do not remember if I stated in my confession to the Magistrate that at Capt. Huda’s house, Mr. Rameez, during the conversation, introduced the issue of parity (so recorded). I cannot remember the approximate date of this meeting at Capt. Huda’s house. It was July -August, 1966. The discussion was mostly in English; sometimes one or two words were uttered in Bengali. I do not know if my wife is present as a visitor in this Court. I do not see my wife present.
I never kept a personal diary; nor did I keep any notes about my activities in this organisation. Before the first meeting held in the flat of Mr. Rameez, I was not given the date, time or place of that meeting. This meeting was held from 8 to 9 P.M. Probably I went to Capt. Huda’s house before that meeting, at 7-30 or 8 P.M. I do not remember if I stated to the Police that I went to his house in the afternoon (so recorded). I do
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not remember if I mentioned in my statement to the Magistrate that the guide who met us on the way to the meeting, had been by me earlier, in front of the garage of Capt. Huda (not so recorded). Nor do I remember if I mentioned this to the police (not recorded) I do not remember whether I mentioned meeting any guide on the way, in my statement to the police (not recorded). Nor do I remember if I stated to the police that when we reached there we found among others, Std. Mujibur Rahman, (so recorded).
Out of Capt. Shawkat, Capt. Huda, Lt. Moazzem Hossain, and Std. Mujibur Rahman, only Capt. Shawkat and Lt. Moazzem Hossain had dinner with me in the Mess, when they came and met me there. I do not remember having stated to the police that in the evening, Capt. Huda, Lt. Moazzem Hossain and Std. Mujibur Rahman also came to my room and we all dined together at the Mess (so recorded). I do not remember if I stated to the police that in August, 1966, one Sunday evening, Capt. Shawkat came from Comilla (so recorded). I do not remember if I stated to the Magistrate in my confessional statement that at the meeting at the flat of Mr. Rameez, Capt. Huda introduced me to Lt. Moazzem Hossain and Std. Mujibur Rahman (so recorded). If I served tea etc. to a guest in the Mess, that would also be entered in the Mess Register. I see two gentlemen sitting here in the block behind the prosecution counsel. They are from the Ordnance Corps. Both of them are Colonels in the Ordnance Corps. (The witness was handed over the Mess Register of the Ordinance Mess and asked to look up any entry for serving of tea to his guests, on the 19th and 20th August, 1966). The witness says, “I do not find any such entry.” The names of the guests who might have taken meals as my guests are not mentioned in the Mess Register. It is correct that in August, 1966, a number of extra meals of several guests have been debited to me in the Mess Register.
Captain Shawkat came to me between 4 and 5 P.M. Tea was served just outside my room on the lawn. I used to live alone in my room. The very persons, who met me in my room on the 21“ August, also attended the meeting at the flat of Mr. Rameez. Mr. Rameez had not attended the meeting at his own flat.
When Captain Shawkat came to the Mess, he stayed with me for one night. Next morning we went at about 10 A.M. to the flat of Mr. Rameez
Record of Proceedings, Agartala Conspiracy Case • 341
for the meeting. I took my breakfast before going to the meeting. Captain Shawkat visited some of his friends that morning and I do not know when and here he took his breakfast. Captain Shawkat came to the Mess again before 10 O’clock that morning. I do not remember if anything was served in the meeting at the flat of Mr. Rameez. The meeting there lasted for about an hour. The meeting took place inside a room. I do not remember if anyone from that house also attended that meeting. As far as I remember the building in which the meeting was held was three storied. I was not taken by the police for verification of that room in the house of Mr. Rameez. I do not know the name of the road on which the building is situated but it is in the Mohammadpur Colony. I had been there three times. I have no idea how many flats the building contains but it is a large building. The other parts of the building are also inhabited by many.
I have heard the name of late Mr. Justice Ibrahim. I have also heard the name of ‘Sonar Bangla’. In the second meeting held at the flat of Mr. Rameez in 1966, the main speaker was Lt. Commander Moazzem Hossain and I cannot remember if any-one else took part in the discussion. I do not remember if I took part in the discussion in the second meeting or not. Besides the speech by Lt. Commander Moazzem Hossain, nothing else took place in the meeting. It is not correct that till the second meeting, I had entered any doubts about the feasibility or eventual success of our movement. I never took part in any political agitation in East Pakistan. I do not remember having discussed the political or economic condition of East Pakistan before I entered the service. Till I met Captain Huda in 1965, I had not discussed with any-body, this question. However, I was aware of the question of disparity between the two wings of Pakistan. (The witness was asked to say what points he had in his mind about the economic disparity between the two wings of Pakistan in 1965.) He says, “For instance, there are the questions of controlling floods in East Pakistan and of the staging of Nuclear Plant at Ruppur”. I studied Economics in my B.A. I do not remember if Lt. Moazzem Hossain mentioned these two points when he talked of disparity in the second meeting
For the meeting at Daudkandi, Captain Huda and myself went in his Triumph car. There are three ferries between Dacca and Daudkandi to be
342. Record of Proceedings, Agartala Conspiracy Case
crossed only at one ferry one pays the toll, namely, the first ferry. Similarly while coming back he paid toll at the first ferry. This means that on the journey to Daudkandi the toll was paid at Demra ferry and for the return journey at Daudkandi. We stayed only for about half an hour at the Daudkandi Dakbanglow. The questions discussed at that meeting were the questions of leadership, that of finance, security clearance of the members and prospects of the movement. I cannot say exactly as to on which date of August we met at Daudkandi Dak Bungalow. We met at the Dak Bungalow at about 6 or 7 in the evening. We did not take anything in the Dak Bungalow. My wife’s family comes from Feni, Noakhali. My marriage took place at Comilla. The marriage took place in October, 1966 and the negotiations preceded the marriage. Captain Shawkat went to Comilla city from Comilla Cantonment, to participate in the negotiations for the marriage. He was then posted in the Comilla Cantonment. He did so during both times, namely, at the marriage as well as at the time of negotiations.
I do not know whether Major Malik and Captain Wahid are in service now. I knew that they were in service before I was arrested. I do not know whether any previous intimation was sent to Jessore before our going there. We reached Jessore on a Saturday evening and came back to Dacca on the following evening. We stayed there in the East Bengal Regiment Officers Mess. Captain Zeauddin was our host. The discussion at Jessore took place on the lawn. I do not remember who was the commanding Officer at Jessore Cantonment was in those days. All the cantonments in East Pakistan, namely, Chittagong, Comilla, Jessore and Dacca can be approached by roads. I know that these roads are pucca roads, though I have not travelled on all of them. When we came back from Jessore, that would be towards the last part of the month. I do not remember how many days exactly after our meeting in the flat of Mr. Rameez, it was that we went to Jessore. I think it was 2/3 days after our return from Jessore that we held the meeting at Daudkandi Dak Bungalow. This meeting did not take place on a Sunday.
| After we came back from Daudkandi we were informed of a meeting which was going to be held. I did not ask for a meeting. I knew before hand that Captain Alam would be coming to attend the meeting, if and
Record of Proceedings, Agartala Conspiracy Case • 343
when held. I do not remember on which date Captain Alam came to our mess. The rooms adjoining mine in the mess were occupied by both East Pakistanis and West Pakistanis. These included Lt. Zaman of West Pakistan, Lt. Manawar of West Pakistan and Lt. Saklan of East Pakistan. Lt. Saklan comes from Rangpur. Lt. Saklan and I used to take food in the same mess. I do not remember whether all these officers were in the mess or not when Captain Alam came to me. On one side of my room, Lt. Saklan used to live. I am not sure who used to live on the other side of my room. Some officer was living in that room. I lived in that building for about a month; I did not introduce Captain Alam to other officers in that building as there was no occasion for it. I do not know Mr. Lutful Huda. I do not know Ali Ahmed.
I do not remember whether Sultanuddin Ahmed did take part in the discussion in the meeting. I was introduced to Mr. K.M.S. Rahman by Mr. Rameez. As far as I remember, I stated to Mr. K.M.S. Rahman by Mr. Rameez. As far as I remember, I stated to the Magistrate that Lt. Moazzam pointed out that Captain Muttalib would organise service and ex-servicemen in different groups (not so recorded, servicemen is not mentioned). I do not remember if I mentioned servicemen in this connection in my statement to the police (not recorded). The September meeting in the flat of Mr. Rameez took place in the night, probably at about 10 P.M. This meeting lasted for about an hour. When I went there to attend this meeting I found all of them excepting Mr. K.M.S. Rahman present there. He came a little later; I know the word ‘normalcy’
I did not use the word ‘normality’ in my statement to the Magistrate (so recorded). Our idea was to capture West Pakistanis belonging to the Army in the cantonments and not to capture all the West Pakistanis in East Pakistan. In the September meeting, someone did mention that the East Pakistanis in West Pakistan will be exchanged for the West Pakistanis captured in East Pakistan. It is not correct to say that I have been tutored to make this statement in order to antagonise the people of West Pakistan against the people of East Pakistan and against the accused persons. In the September meeting, in the flat of Mr. Rameez, Capt. Huda gave the indication that he might disassociate himself from the organisation because he was not satisfied with it; but he did not
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actually say so in so many words. After the meeting, when we came out, I also discussed this with Capt. Alam who went with me to the Mess. Capt. Alam stayed with me in the Mess that night also. I did not meet Capt. Shawkat and Capt. Huda within a day or two following this meeting, to discuss our reactions about the organisation. I did tell my friends, Capt. Shawkat and Capt. Huda, the association with this organisation was very dangerous and might spell disaster if detected. I did not meet Lt. Moazzem Hossain and Mr. Rameez after this September meeting. I did not tell Mr. K.K.S. Rahman, Lt. Moazzem Hossain and Mr. Rameez that the organization should not be proceeded with further as it was dangerous and fruitless. I did not intimate our ex-colleagues of this organization that the information about this organization had already leaked out in December, 1966. I however, did not take any step to protect myself or my other friends even though I knew that the information had leaked out to the Intelligence Department. It is not correct to say that the statement made to the Magistrate and also the one that I have made in this Court is tutored and false.
TO MR. ISMAIL:
Major Manzoor was with me for 5 to 10 minutes at Rawalpindi when he met me. I met him again at the interrogation centre. When he met me at the mess, he did not put any question to me. I cannot give the dates as to when I stayed in the interrogation centre at Rawalpindi. It would not be a fortnight; it would be 6/7 days. I never stayed in the interrogation centre. I used to be taken there from the officers’ Mess for interrogation and returned there every day. I was not interrogated at the Mess at Rawalpindi.
I made up my mind to make a confession about 10 or 12 days prior to making it before the Magistrate. Before arriving at a decision to make a confession I thought over the matter for 10/12 days. I thought over the matter while I was in the Dacca Cantonment. Lt. Sharif took me in a Jeep to the Magistrate for making the confession. It would not be correct to say that I was produced before the Magistrate for recording my confession by a member of the Special Police Establishment. Before going to the Magistrate, I did not know that I would be convicted on my
Record of Proceedings, Agartala Conspiracy Case 345
own statement before the Magistrate. After arriving before the Magistrate I came to know that I could be convicted on my own statement to the Magistrate. It was before 9th May, 1968 that I decided to be an approver. The Magistrate did not take the facts of the case from me before recording my statement. I know that I would be taken back to the Officers Mess in the 14 Div., after recording my statement to the Magistrate.
I was never taken to the Rajarbagh interrogation centre, Dacca. I saw the publication of the complaint in the newspapers while staying in my room in 14 Div. Hqrs., Dacca. I do not remember the date when I saw it.
TO MR.M.G. HAFEEZ:
After the accident, Capt. Huda went to C.M.H., Rawalpindi and stayed there for a few months. The period may be 2 or 3 months. He stayed a little less than a month when he was admitted to the C.M.H. Rawalpindi for a recheck-up in April-May, 1965. Golra will be about 4 or 5 miles away from Rawalpindi. The office hours in Golra in my unit were from 7 A.M. to 3 P.M. It was pretty hot at that time but I cannot say what the exact temperature was at that time. I used to go to C.M.H. Rawalpindi from Golra on my scooter to see Capt. Huda. We have a launch break during office hours. The visiting hours were 4 to 6 P.M. at the C.M.H. Rawalpindi. The discipline was rigidly followed in the C.M.H. In the Officers Ward, the distance between one bed and another would be about 5 to 6 yards. Sometimes these seats used to be all filled in the Ward. I do not remember whether it was so when I went to meet Capt. Huda at the C.M.H., Rawalpindi. It may be that Capt. Huda was posted at Chittagong in April-May, 1965 but he was in fact, admitted at the C.M.H., Rawalpindi in those days. It is wrong to say that Capt. Huda was in Chittagong till the middle of May, 1965. I do not know whether Capt. Huda was admitted at the C.M.H., Comilla towards the last part of May, 1965. When an officer is transferred from one place to another, a Movement Order is issued. This is also the case when there is an order of temporary transfer issued. The Movement order is also passed when an officer is sent for medical Check-up to a particular Hospital at another place. This Movement order shown to me indicates that Captain Huda was sent to C.M.H., Chittagong for further treatment, on the 22nd May,
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1965. (This Movement order is marked as Ext. D. F/2. It is not correct to say that my statement to the effect that I went to C.M.H., Rawalpindi to meet Captain Huda in April-May, 1965 is false.
It is wrong to say that Captain Huda did not have any car of the make of Herald Triumph or indeed any other car, from May, 1965 to November, 1966. When I said that I knew Captain Huda from my college days, I meant to say that I actually knew him from the days of my Dacca University. We both of us stayed in Salimullah Muslim Hall in those days. I studied in the Dacca University from 1956 to 1960 and stayed in the Salimullah Muslim Hall all through. Captain Huda stayed in the Salimullah Muslim Hall for about six months, probably in the year, 1958. He was senior to me. He was a student of English Literature in the University.
Captain Nuruzzaman was also a resident of the Salimullah Muslim Hall. He was a student of General History, in 1958. Captain Nuruzzaman was a candidate for the office of the Athletic Secretary in the Hall Union. I do not know whether Captain Huda and Captain Nuruzzaman belonged to the same party in that election. I was not in any party in those elections. Captain Nuruzzaman was actually elected. It is wrong to say that I had enmity with Captain Huda and Captain Nuruzzaman ever since those University days due to our affiliation to rival parties in that election.
Captain Nuruzzaman was senior to me in the P.M.A. as Cadet. So was Captain Huda. Captain Nuruzzaman never admonished me while I was in the P.M.A. The accident Captain Huda suffered from, was very serious. He had a lot of fractures in his face and skull. Captain Huda has still some deformity in his face because of that accident. He uses glasses. After the accident, Captain Huda was placed in ‘C’ category which means that he could only perform staff duty but could not participate in active service. Captain Huda could not participate himself, in the commando style of operation after this accident.
I do not remember how many times I met Captain Huda after my return from Jessore.
Before joining this movement I did not think about the feasibility of the revolutionary plan.
Record of Proceedings, Agartala Conspiracy Case 347
SPECIAL TRIBUNAL
Record of Proceedings
13-9-68.
Present: Mr. Justice S.A. Rahman, H.Pk., Chairman.
Mr. Justice M.R. Khan, S. Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member.
For the Prosecution: As before.
For the Defence: As before.
Accused present: As before.
Mr. T.H. Khan, learned Counsel for the prosecution has moved an application praying that a specimen handwriting of Capt. Khurshid Uddin Ahmed, A.M.C., accused No. 34 may be obtained in the presence of this Tribunal for comparison with a letter alleged to have been recovered from Lt. Moazzem Hossain’s possession signed ” Khurshid ” followed by the word ‘Doc’. The letter in question is duly entered in the seizure list and has now been included in the supplementary list of documents submitted by the prosecution. The specimen handwriting to Capt. Khurshid Uddin Ahmed, A.M.C. may be obtained just now for comparison with the alleged writing in the letter.
TO MR. MIRZA MD. GOLAM HAFEZ
I do remember that Captain Nuruzzaman went to Rawalpindi to appear before the Selection Board for going into the Civil Service. This was before the September 1965 War and could have been in 1964. I do not know that a large number of Army Officers were taken into the Civil Service of Pakistan before the September 1965 War. I do not know if any East Pakistani Army Officers had been thus taken into the Civil Service. I do not know if Captain Nuruzzaman was successful before the Selection Board but he was not eventually taken into the Civil Service as the Army subsequently changed its policy. I do not know if Captain Nuruzzaman had cleared all the departmental examinations for promotion from Captain to Major. I heard that Captain Nuruzzaman had attended a special course in the United Kingdom in 1967. I do not know whether this was in October or November, 1967. I do not know that only brilliant officers of the Army were selected for such a course. I know when Captain Nuruzzaman was in the P.M.A. he created a record in Javelin throwing. I think it was in the year 1963, that I also tried to get into the Civil Service of Pakistan through the Army. I was offered a Class II job but I did not join.
I cannot say what duties of the Adjutant in the East Bengal Regimental Centre at Chittagong are because I do not belong to the infantry.
I do not know if Captain Huda was on Casual Leave from the 9th to the 16th of August, 1966 and was in Barisal in those days. It is not correct that Captain Huda was in Chittagong in April, 1965 throughout and was staying in the Officer’s Mess there. I am not aware that he was staying at Chittagong right though, up to 21st May, 1965.
I have got a residential plot of land in Islamabad. I have no such residential plot in East Pakistan. I have not decided to settle in West Pakistan. This allotment of land was made to me in Islamabad in 1964 or 1965. I did visit Chittagong after my posting in Dacca in 1966. That must have been in July, 1966. I met Capt. Nuruzzaman at that time in Chittagong. I do not know when Capt. Nuruzzaman was arrested in this case. It was Major Nazir of the Punjab Regiment, who accompanied from Dacca to Rawalpindi on the 8th of January, 1968. The Interrogation
350 • Record of Proceedings, Agartala Conspiracy Case
Centre at Rawalpindi is located at C.M.H. The room in which I was taken at that centre did not have wooden walls but cemented walls. I was not aware that Capt. Huda was also being interrogated in another room at that centre where I was interrogated. No list of persons arrested was shown to me on my arrival at Rawalpindi Sub-Area. Major Naser, now Officer-in-Charge of the military custody here, was one of the Officers who interrogated me at the Rawalpindi centre. So did Major Manzoor of M.I. Directorate. I was not interrogated by Lt. Col. Hasan of M.I. Directorate, Lt. Col. Amir of I.S.I. Directorate, Major Huq Newaz, Major Mukhtar of I.S.I., Major Hasan of the Judge Advocate-General’s Branch and Major Niazi of M.I. Directorate. It is wrong that I have falsely implicated Captain Huda and Captain Nuruzzaman in this case.
TO MR. MD. FAZLUL KARIM.
There was no discussion in our meeting as to why Marshal Law would be imposed for the first few years after independence had been gained. The question as to how the Constitution would be given to the people was not discussed in our meeting. There was no discussion in our meeting as to the amount of attention paid by the Central Government to the Indus Basin dispute as compared with the Farrakka Barrage dispute. No reason was given for the view expressed in our meeting that India and the block supporting her, could not interfere with the newly independent East Pakistan state. I know that India belongs to the Neutralist Block. It is wrong to suggest that I was one of the 272 persons said to have been arrested in connection with the plane incident in which the President of Pakistan was said to have been involved.
TO MR. ABDULLAH.
I made a statement on oath before the Additional Deputy Commissioner. I must stick to what I stated in my confession to the Magistrate and if I depart from that, that would be a deviation from the truth.
Captain Shawkat and I belonged to the same branch in the Ordnance. He was appointed in the Ordnance as Instructor because he was reputed to be a good officer.
Record of Proceedings, Agartala Conspiracy Case • 351
While I was in detention in the 14th Division in Dacca, I was in room NO. 7-A. There was an interconnecting door between this room and room No. 7 but it was closed on both sides. One Captain Nuzhat Hossain if Engineers Corps was living in that room. I am not aware whether Major Hasan was living in that room at that time. Colonel Sher Ali Baz was living in Room No. 8, next to my room. Captain Shawkat and I shared one room in the Div. for more than a month. Again he shared the room with me on a second occasion for about 7 days but I cannot give the dates of the stay with me on either occasion. I do not know whether Capt. Shawkat was staying with me in the same room when he made the statement to the Magistrate. (The witness was handed over a document by the learned Counsel and asked to say whether he had seen it with Capt. Shawkat while he was staying with him. The witness answered in the negative) I am not aware that when the arrested persons were brought to the cantonment, the 14th Div. Mess became a residential place of the approvers and the 3rd Punjab Mess was reserved for accommodation, of the accused persons. I do not know if Capt. Shawkat was ever selected as a witness in this case. It is wrong to say that Major Hasan visited us every often and threatened us and ordered us on inducement and with the hope of temporal gain, to make a confession as prepared by him and that Capt. Shawkat and I accepted that offer. I did not prepare before hand what I was going to say to the Magistrate in my confession. I made the statement when I was questioned. On the document handed over to me, I see the cyclostyled signature of Capt. Shawkat which is marked Ext. DF/3.
TO MR. ZULMAT ALI KHAN.
It was probably noon time when I was brought before the Magistrate before lunch. I had my lunch after going to my mess. Generally, lunch is taken from 12-30 to 2 P.M., but one can take it even later. I took my lunch that day after 2 P.M. I did not find any other person in the room of the Magistrate besides Lt. Sharif, myself and the Magistrate. I did not see any other person coming there while I was making the statement. I made my statement to the Magistrate at a stretch. When I was taken to the
352 . Record of Proceedings, Agartala Conspiracy Case
Magistrate, about 10/15 minutes later, he began to record my statement. I had not anticipated my arrest in this case.
TO MR. NURUL ALAM.
It is wrong to say that Lt. Sharif used to visit me often to persuade me to make the statement as dictated by him before the Magistrate. It is wrong that I was tutored to make the statement as I have made in this Court.
TO MR. BADRUL HAIDER CHOUDHURY.
Commando operation involves surprise and deception. It requires specialised training. Not all officers and Jawans are expected to know commando operations. Capt. Shawkat did stand first in the preliminary law examination in 1966. I knew that Capt. Shawkat was due for promotion to the rank of Major. No Havildar from my unit was arrested in my presence by the intelligence authority. Nor was any N.C.O. or J.C.O. arrested in my presence.
To Court.
Towards the end of 1967 Capt. Alam was promoted to Major.
To MR. T.H. KHAN.
Capt. Huda’s category was changed later to Category ‘A’ probably in 1966 when he was in Dacca.
(No other Counsel wishes to put any question).
Chairman
Member.
Member.
Read over and Admitted to be correct.
….. PW7 (partial) documents missing….
Record of Proceedings, Agartala Conspiracy Case • 353
SPECIAL TRIBUNAL
Record of Proceedings
Present
13.9.1968.
Mr. Justice S.A. Rahman, H. Pk., Chairman.
Mr. Justice M.R. Khan, S.PK., Member.
Mr. Justice Maksum-ul-Hakim, Member,
For the Prosecution: As before.
For the Defence: As before.
Accused present: As before.
Witness on oath: As before.
NOTE: – The prosecutions have put in a first supplementary list of articles to be exhibited in the case and a second supplementary list of documents submitted by the prosecution. It is stated by Mr. T.H. khan, learned counsel, that this second supplementary list also includes the documents which have already been exhibited but the documents included in the first list have not been included in this list. Copies of these documents will be available for distribution to the learned Counsels for the defence.
CROSS-EXAMINATION OF P.W.7, CAPT. M. Abdul Alim Bhuiyan continued:
The accused has been given in our presence a book from which he has been asked to copy out in his own hand a particular passage. He has done it. Some other words were also dictated to him by Mr. T. H. Khan which he wrote out.
The specimen writing is contained on two pages. We have signed both the pages.
Chairman.
Member
Member.
PW7 (partial) documents missing…..
356 • Record of Proceedings, Agartala Conspiracy Case
SPECIAL TRIBUNAL
Record of Proceedings
14.10.1968.
Present Mr. Justice S.A. Rahman, H.Pk., Chairman.
Mr. Justice M.R. Khan, S.Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member.
For the Prosecution: As before.
For the Defence: As before.
Accused present: As before.
Deposition of P.W.8, Corporal Jamaluddin Ahmed on solemn affirmation.
My name is Jamaluddin Ahmed, son of Mr. Bashiruddin of village Barampur, P.S. Shujanagar, District Pabna, aged 26 years, by faith, Muslim.
I joined the P.A.F. on the 31st August, 1959 as an ordinary recruit. I had my basic P.A.F. training at Kohat. On completion of my training, I was posted to P.A.F. Korangi Creek, Karachi. I stayed there for about nine months. After that, I was posted to P.A.F., Mauripur. I remained there up to June, 1963. From there I was transferred to P.A.F., Dacca. That was in July, 1963. I then used to reside at the Domestic Camp, P.A.F., Dacca. I know Sgt. Shamsul Huq. He was then only a Corporal.
He and I used to work together, in those days. He too was living in the Domestic Camp, P.A.F., Dacca. (The witness correctly pointed out Sgt. Shamsul Huq, accused in the dock). We used to talk to each other frequently as we used to work together.
I know Leading Seaman, Sultanuddin Ahmed of the Navy. It was about the end of December, 1965 or the beginning of January, 1966 that I went into the room of Sgt. Shamsul Huq in Block No. I found with Sgt. Shamsul Huq an unknown man there. Sgt. Shamsul Huq introduced to me that stranger as Sultanuddin of the Navy. Then the talk proceeded about the disparity between East Pakistan and West Pakistan. Sultanuddin said that an organisation should be set up for attaining the independence of East Pakistan from the centre because the resources of East Pakistan were being used for the benefit of West Pakistan. I was astonished to hear this. I learnt from both of them that they were members of a revolutionary organisation which was being led by a Naval Officer, Lt. Moazzem Hossain. I also understood from them that Lt. Moazzem Hossain had convinced the Indian authorities to supply the organisation with arms and funds. Sultanuddin asked Sgt. Shamsul Huq and myself to propagate this movement amongst the Air Force people. (The witness was asked whether he could point out Sultanuddin, accused in the dock. He went near the dock looked at the accused and said, “as I saw him only once I am unable to identify him”).
I do not know Lt. Moazzem Hossain personally. In May, 1966 I. was transferred from Dacca to Karachi and was attached to P.A.F., Korangi Creek for training. I know S.A.C., Mahfuzul Bari. He and I had been recruited together in the same entry and got training together at P.A.F., Kohat and at Korangi Creek. After completion of my training, I was posted to Mauripur but he was posted to some other place. When I was transferred from Dacca to Korangi Creek, Karachi, at that time S.A.C., Mahfuzul Bari was working in the P.A.F., Drigh Road on one or two maintenance units. I used to visit him at Drigh Road in those days. It was in the month of July or August, 1966 that I once went to him. He and I went shopping in the city together. On the
Record of Proceedings, Agartala Conspiracy Case 359
way, he took me to the quarter of Flt. Sgt. Mafizullah in Abysiania Lines. (The witness correctly pointed out accused Mahfuzul Bari in the dock). I was introduced to Flt. Sgt. Mafizullah by Mahfuzul Bari. Warrant Officer Mosharaf Hossain and Corporal Sirajul Islam were also there at that time. Without any preliminaries Flt. Sgt. Mafizullah asked me about the progress of the movement in East Pakistan as I had come recently from there. At this, I was just perplexed. To avoid this awkward situation I told them that I saw only Once, Sgt. Shamsul Huq taking to another man in Dacca. (The witness correctly pointed out Flt. Sgt. Mafizullah, accused, in the dock).
I know Sgt. Abdul Jalil. One day in March or April, 1967 I was in produced by Corporal Sirajul Islam to Sgt. Abdul Jalil in the P.A.F. Domestic Camp, Drigh Road, Karachi. One day in the month of May, 1967 I went to the City and I was just waiting at the Bus stop when Corporal Sirajul Islam and Sgt. Shamsuddin came up in a taxi. I saw the taxi moving slowly as it was a rush hour for traffic. I waved my hand to them and they stopped the taxi after going a few paces ahead. They took me in their taxi to the quarter of Sgt. Abdul Jalil in Clayton Road. On arrival there I found Flt. Sgt. Mafizulla, Sgt. Shamsul Huq, S.A.C., Mahfuzul Bari and Mahbubuddin Chowdhury. Flt. Sgt. Mafizullah introduced Sgt. Shamsuddin to Sgt. Shamsul Huq as the person who had returned from East Pakistan recently. He said Sgt. Shamsul Huq will give us some information about the movement. Sgt. Shamsul Huq said that the movement was going on smoothly. Flt. Sgt. Mafizullah said that as we would be getting small arms we should practice their use. He took out a dummy hand grenade from his pocket and gave a demonstration of its use. I see the dummy hand grenade handed over to me by the Counsel Ext. P.W.4/1. This was the dummy hand grenade that he took out at that time. (The witness correctly pointed out Sgt. Abdul Jalil, accused in the dock. The witness also correctly pointed out Mahbubuddin Chowdhury, accused in the dock). I came away from there after that.
In October, 1967 I came on temporary duty to P.A.F., Dacca. One day in the month of November, 1967. Flt. Sgt. Fazlul Huq took me to the
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quarter of Ex-Sqn. Leader Moazzem Hossain Chowdhury. I had been acquainted with Flt. Sgt. Fazlul Huq when I was posted to P.A.F., Dacca from July, 1963 to May, 1966. On arrival at the quarter of Ex-San. Lt. Moazzem Hossain Chowdhury, Sgt. Fazlul Huq introduced me to him. They discussed the separatist movement and hearing this I was just afraid. After two minutes I Left that place. I. do not know anything about the contents of the meeting that took place there, further. Ex. Flt. Sgt. Razzak, Warrant Officer, Zakir Ahmed, Sgt. Malik were also seen by me at the residence of Ex-San. Ldr. Moazzem Hossain Chowdhury. (The witness pointed to an accused who gave his name as Md. Abdur Razzak and said that this man was one of the persons I found at the house of ExSqn. Ldr. Moazzem Hossain Chowdhury. The witness had pointed out this man when he had been asked by the Counsel for the prosecution to point out the man who had taken him to Moazzem Hossain Chowdhury’s house. The witness correctly pointed out Flt. Sgt. Fazlul Huq also in the dock, when asked to do so).
I do not know Abdul Malek, Superintendent, Blind Institute, Dacca, nor I ever visit his house.
TO COURT: I never myself joined the Revolutionary Organisation as a member.
CROSS EXAMINATION OF P.W.8
TO MR. ABDUS SALAM KHAN:
I know there was a war between India and Pakistan in September, 1965. At that time I was attached to the P.A.F., Dacca. During the war, we were supposed to be 24-hours on duty. I cannot say if the emergency period for the war services ended on the 9th February, 1966. As soon as the war ended on the 23rd September 1965, we in the PAF were put on shift duties, namely, the technicians generally. Work was going on for 24-hours, but it was done by persons going in shifts. I was doing duty 6 to 8 hours per day in October, 1965. Before the war, I also worked for 6 hours daily. During war days I used to go on duty at about 3 A.M. in the
Record of Proceedings, Agartala Conspiracy Case 361
night and stayed on duty till about 12 or 13 hours in the day. After that, I used to get relaxation. But we always remained in the Camp throughout the 24 hours. As far as I can remember, it was only up to October that this order about our remaining in the Camp for 24 hours lasted. I know that there was cease fire on the 23rd September, 1965. The United Nations had ordered the cease-fire. In December, 1965 I also stayed at PAF, Dacca. Sgt. Shamsul Huq was also living in the same building where I was in those days at Dacca. There were 8 rooms in the block, in which Sgt. Shamsul Huq and I used to live in those days. The other rooms were also occupied. There was East Pakistanis as well as West Pakistanis living in that block, in those days. In each room, in those days in that block about 10 to 12 men were living. Each room may be 13 to 14 feet wide and 20 to 22 feet in length. There were “Char Paies” in two rows in each room. Sgt. Shamsul Huq lived in a different room from that which I occupied. I went to see Sgt. Shamsul Huq at 6-30 or 7-30 P.M. I was not on duty at that time nor was Sgt. Shamsul Huq.
I have no relatives in Dacca. We were permitted to go out to the city of Dacca in December, 1965. Sultan Uddin Ahmed stayed there for approximately 2 hours. He belonged to the Navy. He remained there up to 8-30 or 9 P.M.
I did make a statement to the Police. While I was narrating, the Police Officer was taking down what I said. I gave my statement in English. I think it was Inspector Serajul Islam who took my statement. He is from East Pakistan. On enquiry by the Police Officer, I told him that I could give my statement either in English or in Bengali. Then he asked me to make it in English. After completing the statement the Police Officer read it out to me. Sgt. Shamsul Huq and Sultan Uddin were talking as normal persons but slowly. While they were talking about disparity between the two wings of Pakistan they did not give any facts and figures. They were saying, however, something about the strength of East Pakistanis in the Armed Services and in Industries. I also knew that there was a lesser number of East Pakistan in the Armed Services than West Pakistanis. They also said that there were more Industries in West Pakistan than in East
362 . Record of Proceedings, Agartala Conspiracy Case
Pakistan and I think that is true. I had not reported what I had heard these persons talking about, to any Officer because I had no proof. There were some senior East Pakistani Officers stationed at Dacca in the PAF in those days. I did not convey to any of these officers the gist of what had perturbed me on hearing it. Nor did I take about this matter to any of my room-mates. I did not take them seriously because, what they were saying impossible. It is not correct that any one has made me name Sultan Uddin falsely in order to link up the Navy with the Air Force.
Karangi Creek is about 7/8 miles from Karachi Sadar. The PAF Drigh Road Camp may be 4 to 5 miles from Karachi Sadar. Korangi Creek may be about 11/12 miles from PAF Camp. There were other Bengalee employees in Korangi Creek besides me in those days. I first went to see Mahfuzul Bari in the Drigh Road Camp and then went out for shopping. When I started at Korangi Creek I had the intention of shopping. That day was a Sunday. I reached Drigh Road Camp at about 10/11 A.M. I had taken breakfast that morning before starting. I did not ask any of my colleagues in Korangi Creek to go with me for shopping. A Register is maintained in the Korangi Creek guard room showing departure and arrival of the employees. Whenever I went out of the Camp I had to give the time in the register of my departure and so also the time when I came back. I cannot remember the date on which I went for shopping. Sadar is North-West of the Korangi Creek; The Drigh Camp is towards the North East of Sadar. One has to pass through Sadar while going from Korangi to Drigh Road Camp.
Flt. Sergeant Mafizulla was not known to me from before. Mahfuzul Bari had not told me before hand of the meeting that was to be held in the quarter of Sergeant Mafizullah.
I do not know one Noor Mohammad of the Navy. Nor do I know Amir Hossain of the Air Force. Mahbubuddin, accused, is a civilian and was a civilian on the day I saw him. I met him only on one day and not afterwards. I did not ask Mahfuzul Bari why those persons had collected in his quarter. In that meeting, I was not asked to say anything. (The witness added, that he was thinking of the meeting in the house of Abdul
Record of Proceedings, Agartala Conspiracy Case . 363
Jalil when he gave this answer). At the meeting in Sergeant Mafizullah’s House, I was the first person to be asked to say something in the meeting. While I was still in that meeting, after I had told them as to what I had seen in Dacca, Sergeant Mafizullah began talking about the disparity between East and West Pakistan, Mahfuzul Bari then left with me. It was about 8-30 P.M. that he and I left the meeting. I then went back to Korangi Creek. I reached there about quarter past ten in the night. The time of my return was recorded in the register of the guard room. I had visited Corporal Serajul Islam’s quarter in Drigh Road Camp. I had met Serajul Islam earlier than the meeting at Mafizullah’s house. I was acquainted with him because he got initial training with me in Kohat. I did not inform Corporal Serajul Islam as to what had passed between Sergeant Shamsul Huq and L.S. Sultanuaddin. After the first meeting at which I heard things which surprised me, I did not talk about it to Corporal Serajul Islam whom I met. It is not correct that I was given the training or refresher course every year. When we got our initial training we were trained in the use of small arms including hand grenades. Later on in the service, after the initial training, we are given training only in respect of trades and not necessarily in the use of small arms.
In this trade, training also we are training in the use of rifles, small arms and also in the use of light machine-guns. When I was taken in the taxi from Saddar Bus Stand to the quarter of Sergeant Jalil, we traveled in a taxi car and not a baby taxi. I had come to Saddar stop from P.A.F., Drigh Road Camp. That was my camp also at that time. Mahfuzul Bari was also staying in that camp in the same room with me.
I know sergeant Shamsuddin. I had known sergeant Shamsuddin before the day that I traveled with him in the taxi. They had come in the taxi just by chance and they picked me up without previous arrangement. The road is wide at the place where I was standing near the bus stop. I was standing near the bus stop in front of the Empress market. I had the intention to go to Boulton market from that bus stop. There are buses running from Drigh Road camp to Boulton market, but I did not take the direct bus. I had got down at that Saddar bus stop. I did not tell the police
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in my statement that it was a rush hour and the taxis were going slowly. The car in which we were traveling was a sedan car. While I was in the taxi they did not tell me that they were going to a meeting. They only said that they were going to a friend’s house. On arrival there, I got the impression that there was some meeting. Sergeant Jalil was living in a separate quarter and not in a barrack. Again said, the quarter was a part of a building in which there were about four quarters. I cannot say what kind of ceiling the building had as I did not mark it. The meeting was started at 6 or 6-30 P.M. I cannot remember if it was on a Sunday. I do not remember if the time of my departure and return on that day was recorded in the register or not. If I go out of the camp without getting my name in the guard room registered, I would be charged for that.
I was never charged for being absent without getting name being recorded in that register. It is not correct that I had never been to any meeting I have mentioned and that I am making a false statement. I got disgusted after what I saw at that meeting. I cannot remember if I mentioned in my police statement that there was mention of Indian commitment to supply arms and funds at the meeting between Sergeant Shamsul Huq and Sultanuddin (not recorded). When I identified the hand grenade in this Court as the one that I saw in the meeting, I intended to say that it was similar to that one.
If one has to go from Drigh Road Camp to Abysinnia Lines, one has to go by bus up to the stop beyond Gora Kabarastan and then to go on foot. On the day that I visited the Abysinnia Lines, I did no shopping. Sgt. Mafizullah was living in a part of a Barrack and not in a cemented building. As far as I can remember the ceiling was of an asbestos sheet, of that building. The Barracks had double rooms on either side. There are also verandahs in front of the rooms. In between the two rows of rooms, there was also one running corridor in the middle of the Barrack. In one Block there might be about four rooms but I cannot say exactly as to how many rooms there were in the Block.
I was transferred to Dacca in October, 1967. At that time, Sgt. Shamsul Huq was in P.A.F. Dright Road. I did not meet him afterwards.
Record of Proceedings, Agartala Conspiracy Case 365
I did not state to the police that during my service in Dacca, sometime in November, 1967. Flt. Sgt, Shamsul Huq took me to the house of Ex-San. Ldr. Moazzem Hossain Chowdhury (so recorded). I did not state to the police that Flt. Sgt. Shamsul Huq was in that meeting (so recorded). I mentioned the name Flt. Sgt. Fazlul Huq in my statement to the police (not so recorded). It is not correct to say that I have changed the name of Shamsul Huq to that of Fazlul Huq, in order to corroborate the statements of other witnesses in this case, viz., Sgt. Halim, Zakir and Moazzem Hossain Chowdhury to be called as witnesses in this case.
I was arrested in this case, on the 12th January, 1968. I was granted pardon which I accepted. I was granted pardon in the month of May, 1968 but I do not remember the exact date. I did not make any application for securing pardon but after my statement to the Police, I was asked by Major Naser whether I would like to be an approver in this case and expressed my willingness, to do so. When I was enquired about my becoming and approver, I was also informed that if I became an approver then I would be granted pardon on condition that I would make full and complete disclosure about my knowledge of the case. Major Naser told me about this about two/three times. Before making my statement to the Police, Pakistan Air Force Security Officer put questions to me, to which I gave answers. I do not know whether my answers were recorded by the security officer. This Security Officer was San. Ldr. Rahman. I wanted to make a statement before a Magistrate but I was told that no Magistrate was available at that time and as such, my statement was recorded by the Police. Just after my arrest, I was under the P.A.F. custody. After some time I was handed over to Military custody in the month of January, 1968. It is not correct to say that I was arrested in Karachi on the 13th January, 1968 at 102, M.U., Drigh Road. I was taken to Karachi in the month of March after my arrest
It may be in the 1st week or 2nd week of March that I was taken to Karachi. I was produced before a Magistrate for the tender of pardon only. I made no statement to the Magistrate at that time about the facts of this case. I made my statement to the Police before I was taken to
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Karachi. I was made to stay in Karachi for about 2 months. I was kept at No. 2 P&S Flight at Ingle Road, Karachi. I was detained at that place. I was not questioned during this period of my stay there by anyone. Warrant Officer, Osmani, brought me from Karachi to Dacca. When I was brought to Dacca I was kept under Air Force custody in Tejgaon within the Dacca Cantonment. I was in confinement. During my custody in Tejgaon, I was not allowed to meet outsiders. Only once, my brother was permitted to see me. I cannot remember in which month my brother came to see me. I did not meet the warrant officer, Zakir Ahmed before my arrest. Nor did I meet Segt. Halim thereafter. I also did not meet Segt. Jalil after our meeting in the house of Segt. Jalil at Clifton Road, Karachi, in May, 1967.
TO MR. K.B NAZIRUDDIN AHMED:
Nil.
TO MR. MD. ISMAIL:
I did not attend any test Identification Parade to pick out the HandGrenade, Ext. P.W. 4/1. I cannot judge myself and say whether I committed any offence or not for which I could be pardoned. Even then I wanted a pardon. Lt. Sharif never approached me. I made up my mind to make a confession at the beginning of March, 1968. I was in Kurmitola at that time. I state about this decision of mine to my Warrant Officer, Mr. Osmani. I said this to Mr. Osmani two or three times, by saying that I should make the confession to a Magistrate. In reply to my request, The Warrant Officer, Mr. Osmani did not give any reply on the first and second occasions.
TO MR. MD. FAZLUL KARIM:
In 1965 while I was posted in Dacca, I was assigned to the Electrical Section of the Pakistan Air Force. Segt. Shamsul Huq used to work in the Engine Section. It is not correct to say that Segt. Shamsul Huq was residing in Block No. 2 in the P.A.F. Camp, Dacca
Record of Proceedings, Agartala Conspiracy Case • 367
in 1965 not in Block No, 16. When I met Sultanuddin he was wearing civilian clothes and was not in a Navy uniform. In the Domestic Camp a close relation of an employee is allowed to stay up to 10-30 P.M. or even beyond that with the permission of the officer- in charge. Excepting Sultanuddin there was nobody else present with flight Sergeant Shamsul Huq at that time.
From 17 September 1966 up to 25th October, 1967 I was staying in P.A.F., Drigh Road in Karachi. During this time Sergeant Shamsul Huq also staying there. I did not meet Sergeant Shamsul Huq prior to the meeting of May, 1967 in the house of sergeant Jalil at Clayton Road, Karachi. I cannot remember whether Sergeant Shamsul Huq was then residing in the same Block in which I was, at Karachi. I cannot remember as to the exact date when Sergeant Shamsul Huq was transferred to Karachi. I do not remember whether anybody was requested to state about the progress of the movement in East Pakistan in the meeting in the house of Sergeant Jalil, besides Sergeant Shamsul
Huq.
At about 6-30 in the evening, we went to the house of Ex-Squadron Leader, Moazzem Hossain Choudhury but I cannot give the exact time. It is not correct to say that my statement that I met Sergeant Shamsul Huq in December, 1965 in the Domestic Camp of P.A.F., Dacca, is false. It is not correct to say that my statement that Sergeant Shamsul Huq was present and spoke in the meeting in May, 1967 in the house of Sergeant Jalil, is false. It is not correct to say that Sergeant Jalil never lived Clayton Road, Karachi. In fact, he did stay there.
TO MR. MOLLAH JALALUDDIN AHMED:
It is not correct to say that there was no meeting in the house of ExSquardon Leader Moazzem Husain Choudhury in the month of November, 1967 or that I did not attend that meeting. It is not correct to say that I have falsely implicated Ex-Flight Sergeant Abdur Razzaque by stating that he attended the meeting in the house of Ex-Squadron Leader, Moazzem Husain Choudhury.
368 • Record of Proceedings, Agartala Conspiracy Case
TO MR. SYED NURUL ALAM:
I am a graduate of Dacca University. I took my B.A. degree in 1965. I appeared as a private candidate with the permission of my Department. In the meeting at the residence of Flight Sergeant Mafizullah as well as in the room of Sergeant Shamsul Huq, the miseries of East Pakistanis were discussed. It is not correct to say that I had never been to the house of Flight Sergeant Mafizullah or Sergeant Jalil. It is not correct to say that I was taken to Karachi after my arrest only to acquaint me with the places which I have mentioned in my statement.
TO MR. V.I. CHOUDHURY:
It is not correct to say that I was shown Mahboobuddin Ahmed, accused, while I was in custody, for the purpose of identification
Chairman.
Member
Member.
Read over and admitted to be correct.
Record of Proceedings, Agartala Conspiracy Case • 369
14.10.68
Deposition of P.W.9, Corporal Sirajul Islam, on S.A.:
My name is Corporal Sirajul Islam S/O. Mvi. Aminuddin age 29, village Silai P.O. Shilai, P.S. Buri chaung Dist. Comilla.
TO MR. T.H. KHAN:
I joined the P.A.F. as a recruit in 1959. I got my training in the P.A.F. in kohat. After that, I was posted in P.A.F. in Drigh Road at No. 1071 N. U. That was in 1961. I was posted there up to April 1967 probably. During this time, however, I went out for a few periods for training. I know Flt. Sgt. Mafizullah since March or April, 1966. He was functioning there as L.C.O.I.C. in Drigh Road, Account Section, Karachi. I was also working in some other unit in the same station. In that capacity, I used to meet him for getting my account checked. Sometime in May 66, I went to get my debit & credit account checked and met him in this connection. At that time he offered me a cup of tea and started conversing about various matters and raised the topic of the 6 point programme of the Awami League. This conversation took place at their canteen. He raised the topic of disparity between the two wings of Pakistan. Flt. Sgt. Mafizullah stated that this programme of the Awami League or of other parties will not serve our purpose. He stated that if we wanted our due share, we could have to separate East Pakistan from the centre. He further stated that some movement in this connection was going on in East Pakistan. Then he told me that he would inform me later on if he got more news about this movement (The witness correctly identified Mafizullah in the dock).
Record of Proceedings, Agartala Conspiracy Case • 371
I talked about this movement to my friends namely S.A.C. Bari, Sgt. Jalil and Mr. Mahbubuddin Chowdhury. (The witness correctly identified accused Sgt. Jalil S.A.C. Bari and Mahbubuddin in the dock). After some time I requested Flt. Sgt. Mafizullah to inform me about the further development of the movement. On my request, he called a meeting at his house. This was most probably in September or October, 66. The meeting was held in his house in Abysinia Lines, Karachi. The meeting was attended by Lft. Sgt. Mafizullah, Warrant officer, Mosaraf Hossain, Corporal Jamaluddin, S.A.C. Bari and myself. Corporal Jamaluddin had recently been transferred from East Pakistan and Flt. Sgt. Mafizullah asked him to narrate what he knew of the progress of the movement. Jamaluddin narrated that Sgt. Shamsul Huq in collaboration with some naval officers under Lt. Moazzem, were organising the movement in East Pakistan and that it was doing well. He further stated that this movement was backed by some senior officers and politicians in East Pakistan. Then Flt. Sgt. Mafizullah gave an account of disparity existing between the two wings of Pakistan. After that, we dispersed. As I was going to East Pakistan, on leave, Flt. Sgt. Mafizullah asked me to contact Sgt. Shamsul Huq on my arrival in Dacca in order to know the progress of the movement. I agreed to comply with this request.
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CORRECTION
15.10.1968.
P.W.9 Jamaluddin Ahmed read over his statement himself and now states as follows. At page 477, in the 5th line from bottom, instead of “one or two Maintenance Units” it should be 102 maintenance Unit.
At page 483, in the 12th line from the bottom, instead of the word “quarter” it should be “barrack”.
At page 484, in the second line of the second paragraph, the word “before” should be replaced by the word “on”.
At page 485, in the 4th line of the second paragraph, instead of “Sgt. Mafizullah” it should be “Flt. Sgt. Mafizullah.”
At page 487, at the end of the second paragraph, instead of ‘Clifton? it should be “Clayton’ it should be “Clayton’.
At page 488, at the end of the first paragraph, the word ‘Flt.’ should be omitted.
The rest of the statement is correctly recorded.
Chairman.
Member.
Member
SPECIAL TRIBUNAL
RECORD OF PROCEEDINGS.
15.10.1968
Present: Mr. Justice S.A. Rahman, H.Pk., Chairman.
Mr. Justice M.R. Khan, S.Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member
For the prosecution : As before.
For the defence: As before.
Accused present: As before.
Witness on oath: As before.
Deposition of P.W.9. Sirajul Islam Continued.
TO MR. T.H. KHAN.
In the last week of December, 1966 or the first week of January, 1967 I contacted Sgt. Shamsul Huq in Dacca at P.A.F. Station. Sgt. Shamsul Huq told me that he was connected with this movement. He also said that he would collect some information and let me have it later. Then I went away from Dacca to my home on leave. (The witness correctly identified accused Sgt. Shamsul Huq in the dock). I know Flight Sgt. Fazlul Huq. (The witness after scrutinizing the accused in the dock said, I cannot point out Sgt. Fazlul Huq as I only met him once in the P.A.F. station, Dacca). Probably I was on leave until 10th of March in
my home village. I also met Flt. Sgt. Mafizullah in Dacca airport probably in the month of February, 1967. I received a letter from S.A.C. Bari intimating that Flt. Sgt. Mafizullah was going to Dacca. I, therefore, went and met him at the airport. He told me that there would be a meeting of members of the organisation at the shop of ex-Flt. Sgt. Razzaque and he invited me to attend it. The meeting was to be held in the morning between 9 and 10 A.M. I attended that meeting. Flt. Sgt. Mafizullah, Sgt. Shamsul Huq, ex-Flt. Sgt. Razzaque and myself attended that meeting. There might have been one or two others. In all, we were 4 or five. Flt. Sgt. Mafizullah said at the meeting that for the betterment of East Pakistan and disparity we should unite and work for the movement and separate East Pakistan from the Centre. He said that he had a talk with Lt. Moazzam Hossain, Bara Bhai, at Karachi and he also said that the movement was progressing well. Flt. Sgt. Mafizullah asked us to work for the movement. After that we dispersed. (The witness was asked to point out Flt. Sgt. Razzaque in the dock. He says, I will try and see whether I can point him out. After scrutinizing the accused in the dock said, I am unable to point him out).
I returned to Karachi in the month of March, 1967 after enjoying my leave. Flt. Sgt. Mafizullah also returned probably in the last week of April or the beginning of May, 1967, again said, probably he returned in April. He informed me that one Sgt. Shamsuddin Ahmed is also a member of the organisation and that Lt. Rahman of the Pakistan Navy is looking after this movement.
Fit. Sgt. Mafizullah asked me one day to bring Sgt. Shamsuddin and Mr. Mahbubuddin Choudhury to meet Lt. Rahman at his bungalow. I took Sgt. Shamsuddin with me from Mauripur. We picked up Mr. Mahbubuddin Choudhury on the way from the mill in which he has his office in the site area. We went by taxi and went to Flt. Sgt. Mafizullah’s place. From there Mafizullah also accompanied us in the same taxi and we went to Lt. Rahman’s bungalow in Karsus area. I cannot remember whether anybody else besides the persons I have named attended that meeting. Flt. Sgt. Mafizullah introduced us to Lt. Rahman. Lt. Rahman said that he was associated with the Bara Bhai Lt. Commander Moazzam
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Hossain, who was organising the movement in East Pakistan. He also said that Lt. Moazzam Hossain had told him that he would inform him of the progress of the movement. He also mentioned the disparity existing between the two wings of Pakistan. He said that he will get some instructions from East Pakistan and act accordingly. He asked us to contact our friends about the movement and know about their minds. After that, we dispersed. (The witness correctly identified Lt. M.M. Rahman in the accused’s dock).
Another meeting was held in the same month at the quarter of Sgt. Jalil in Clayton Road area. This meeting might have been held 15/16 days after the first one. Flt. Sgt. Mafizullah, Sgt. Jalil, Sgt. Shamsul Huq, Sgt. Shamsuddin, Mahfuzul Bari and some others besides myself attended that meeting. Flt. Sgt. Mafizullah said at the meeting that Sgt. Shamsul Huq had recently come from East Pakistan and he should give us some information about the progress of the movement there. Sgt. Shamsul Huq said that the movement was getting on well in East Pakistan and Lt. Commander Moazzam Hossain was organising it. He also said that Lt. Moazzam Hossain expected some help from India and other foreign countries. The help that he mentioned consisted of arms and ammunitions. Flt. Sgt. Mafizullah asked us to learn the use of small arms and he gave us the demonstration of throwing of a hand grenade. He told us that it would be useful at the time of need. After that, we dispersed. (The witness was handed over Ext. P.W.4/1). He said this is a hand grenade. The hand grenade which Sgt. Mafizullah used to demonstrate to us was similar to this one. Nobody said anything else in that meeting
I attended another meeting probably in the month of June, 1967 in the bungalow of Lt. M.M. Rahman. Sgt. Shamsuddin, Flt. Sgt. Mafizullah, Mr. Mahbubuddin Choudhury, S.A.C. Bari, Sgt. Shamsul Huq and myself attended that meeting. In that meeting, we wanted to know about the progress of the movement in East Pakistan. He did not further give us any particular information. He only said that he had received a massage from East Pakistan to the effect that no more members should be enlisted. He also said that he was expecting some
Record of Proceedings, Agartala Conspiracy Case • 377
information from East Pakistan, but that if he did not get it, he would himself go to East Pakistan. Mahbubuddin, Bari and I requested Lt. M.M. Rahman to ask Sgt. Shamsuddin who was going to East Pakistan to report about the progress of the movement. Lt. Rahman asked Sgt. Shamsudin to contact Lt. Commander Moazzam Hossain at Dacca. He told him that he should ask Lt. Moazzam Hossain, whether he wanted Lt. Rahman there and if he said yes, then he should send him a message so that he could go over to East Pakistan. Sgt. Mafizullah then said that we should raise some funds for the organisation at Karachi. Then we dispersed.
Probably in the month of June, 1967 Sgt. Shamsuddin sent a telegram to Lt. Rahman. Lt. Rahman went to East Pakistan and when he returned to Karachi. Flt. Sgt. Mafizullah and myself went to his bungalow to know about the progress of the movement in East Pakistan. He told us that the organisation was not doing well in East Pakistan. He said that Lt. Moazzam Hossain may be misappropriating party funds and that was why he was no longer interested in the sincere workers. He also told us that Lt, Moazzam Hossain had told him not to recruit any rankers further in the organisation. Lt. Rahman said that he had been asked to go outside the country to represent the organisation, but he declined to do so. He further told us that he could not give further instruction till Sultanuddin who was in East Pakistan returned to Karachi. We then dispersed.
After the return of Sultanuddin Ahmed from East Pakistan probably in the month of July, we had another meeting at the residence of Mr. Mahbubuddin Ahmed. Lt. Rahman, Pilot Officer, Mirza, S.M. Ali, Flt. Sgt. Mafizullah, Choudhury Zainal Abedin and myself attended that meeting. Sgt. Kasem was also among the persons attending that meeting. There might be one or two others whom I do not remember. In that meeting, Sultanuddin was introduced to us by Lt. M.M. Rahman. Sultanuddin told us that the spirit needed for succeeding in the revolutionary movement was lacking in the leadership in East Pakistan. He told us that he had witnessed a revolution in Cuba. He said that he knew how much sacrificed were required for a revolution. He asked us to
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take an oath and to promise to sacrifice our lives for the cause. However, there was no oath administered in that meeting. After that, we dispersed. (The witness correctly pointed out Sultanuddin Ahmed in the accused’s dock).
About 12/15 days later another meeting was held in Mahbubuddin’s quarter. That meeting was attended by Flt. Sgt. Mafizullah, Sgt. Shamsul Huq, Mahbubuddin, S.M. Ali, Joynal, Chowdhury Zainal Abedin, S.A.C. Bari and some others besides myself. Again said Lt. Rouf was also in that meeting. We first talked about the earlier meeting and then Lt. Rahman said that we would organise a party at Karachi itself and later we shall co-operate with the organisation in East Pakistan. He said also that Lt. Rouf will be our leader as there had been no leader so far. I myself was detailed to collect money from Mauripur area, Flt. Sgt. Mafizullah was asked to enlist member and collect money from P.A.F., Drigh Road area and Sgt. Zahur was asked to collect money from Korangi area. Sgt. Zahur also attended that meeting. He was also told to go in the northern area of West Pakistan to contact East Pakistanis who might be sharing the same ideology. We took an oath that we would be honest to the party and would sacrifice ourselves to make East Pakistan prosperous and to stop further economic exploitation and will obey the orders of the leader. This oath was administered to us by Lt. Rouf. I cannot remember if any other discussion took place about any other matter (The witness pointed out Sgt. Zahurul Huq in the dock and said this is Sgt. Zahur. He also correctly pointed out Lt. Rouf in the dock). In pursuance of the task assigned to me, I was trying to enlist members and to collect money for the organisation; I recruited about a dozen persons to the movement.
We were reporting our progress to Lt. Rouf and Lt. Rahman. Lt. Rouf told me once that I should not recruit any further persons as, if we did any hurried recruitment, our secrets might leak out. He called a meeting at the residence of Sgt. Jalil probably in the last week of July or beginning of August, 1967. Lt. Rouf, Lt. Rahman, Flt. Sgt. Mafizulla, Joynal, Chowdhury Zainul Abedin, Siddiqur Rahman, Corporal Sahabuddin, Corporal Aftab, Sgt. Jalil and some others besides myself
Record of Proceedings, Agartala Conspiracy Case 379
attended that meeting. It was said in that meeting that we will not recruit any further persons in Karachi. It was said that we would be going to East Pakistan and there we would be the organisation the movement. It was decided that those who could go on leave should go to East Pakistan on leave. After that Mr. Mahbubuddin, Lt. Rouf, Lt. Rahman and myself took leave and came to East Pakistan.
I took leave on the 28th of November, 1967 and came to Dacca. I resided with one of my friends in Sukrabad area in Dacca. Mr. Mahbubuddin also came there and resided with me for one or two days. The person with whom I stayed was Mr. Malik. Mr. Malik is a social worker and he works in the Blind Institute. Lt. Rouf also came over there to meet us at Mr. Malik’s residence and we discussed the desirability of opening a technical school at Dacca and that we should also have some discussions with the leaders in East Pakistan who were organising the movement. I was asked to accompany one, Abu Daud Rezaur Rahman to collect some money for the organisation. I went with him to Chittagong and I collected Rs. 150/- for the movement. Besides this Rs. 150/-, I had also collected some Rs. 600/- for the movement.
I returned to Karachi on the 15th of January, 1968. In the period between May, 1966 and December, 1967, I had met Std. Mujibur Rahman; that meeting was in the first week of December, 1967. I also met Lt. Com. Moazzem Hossain on that occasion. I had gone to see Sultanuddin Ahmed who was sick in his quarter in Maghbazar, Dacca and there I found Lt.Com. Moazzem Hossain and Std. Mujibur Rahman. Sultanuddin Ahmed introduced me to them. (The witness correctly pointed out Std. Mujibur Rahman, in the dock. He also correctly pointed out Lt. Com. Moazzem Hossain in the dock).
I was a member of this organisation. I was arrested in this case on the 15th of January, 1968 at Karachi in Mauripur. I was tendered pardon in this case and I accepted it. I had made a statement before a Magistrate.
Cross-Examination by Mr. Abdus Salam Khan:
I had gone on the day of my arrest from East Pakistan to West Pakistan, after enjoying my leave. I had seen in the news papers that other persons
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had been arrested already, in East Pakistan, in this case. I had come to know that Sultanuddin Ahmed, Dr. Saeedur Rahman Chowdhury, Lt. Matiur Rahman, Lt. Com. Moazzem Hossain, Mr. Ruhul Quddus, Mr. Ahmad Fazlur Rahman and some others had already been arrested before I went to Karachi. I do not know all of these persons but I had heard their names. I was in my home village at that time and I saw their names in the papers. I came to know that they had been arrested in connection with this conspiracy case. The newspapers mentioned that these persons were arrested for the conspiracy. I learnt this fact about four or five days before I went to Karachi. I came from my home village to Dacca on my way to Karachi. At Dacca, I did not meet any members of the organisation. I was still a member of the organisation. I do not know whether there were other members at Dacca who had been arrested. I was not acquainted with all the members of the organisation. I cannot remember if any other members of the organisation known to me, had not been arrested by that time. I did not contact Razzak when I came to Dacca on this occasion. I did not try to find out whether Mahbubuddin was in Dacca in those days. I did not meet Lt. Rouf in Dacca. In fact, I met no one. I was scared of reading about these arrests that I might also be arrested
At a time, I was entitled to get 120 days to leave, if I had accumulated leave at my credit. The annual entitlement of leave is 60 days only besides casual leave. I was sanctioned 30 days leave on the occasion that I had come to my home. I cannot remember for how many days I had actually applied for leave.
I had come to Dacca on the 28th November, 1967 and the leave may have started one day earlier. I then went back to Karachi on the 15″ January, 1938. I had applied for an extension of my leave on the expiry of 50 day’s leave. I had actually asked for the whole of my entitlement leave of 1968 by way of extension. I got about 10 days extension. On the expiry of that 10 days leave, I was absent without a leave because I could not get a flight for Karachi. For 2/3 days I could not get a seat. I remained at my home village up to 14″ of January. Probably, in July or August, 1967 I had applied for my discharge from the service. The
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discharge was not granted. I wanted to be discharged in order to work for the organisation. I had also domestic problems as my father was sick. I did not contact any member of the organisation before leaving for Karachi as I thought that they might also be scared like myself. When I joined the organisation I did not expect to be arrested. I thought we would be successful or I might be killed.
I never applied for a job in Saudi Arabia. I cannot remember now on what date exactly my first leave expired. I had first sent an application to the Officer Commanding of the P.A.F., Mauripur but I cannot give the exact date when I sent it. That was in December, 1967 and I later sent a telegram in January, 1968. I also came home in December, 1966 for 2 months leave. On that occasion I was granted 60 days leave and then I was granted some extension. I might have come here on the 28th or 29th of December and stayed here in East Pakistan up to 18th of March, 1967. Again said I left between 15th and 18th of March for Karachi. The extension of the leave over the 2 months was taken against my entitlement leave for 1967; that is to say, this was advance I leave against 1967. I cannot say exactly how many days in excess of my 60 days leave; I stayed here on that occasion.
I was arrested from the PAF Record Office at Mauripur. There were some persons in Karachi at the time of my arrest who belonged to our movement. I cannot say how many in all had been recruited to our movement in Karachi. I only recruited 12. I did not come to know the total number of such recruits. I did not meet any of the persons I had recruited to the movement in Karachi, before my arrest. It may be that I might have said to the Magistrate that we had recruited about 100 members (so recorded). I had not recruited any person East Pakistan to the movement. I can name the persons I had recruited in Karachi. They were J.T.Z.A. Chowdhury, Corporal Aftab, Corporal Shahabuddin, S.A.C. Khan, Corporal Rashid, Mr. Basharat who was working in some civilian office, Sgt. Hossain, L.A.C. Huq and I cannot remember the other names. Some of them were working in PAF, Mouripur and one of two was at Drigh Road P.A.F. L.A.S.C. Huq, Corporal Aftab, J.T. Chowdhury were from Mouripur. I was myself staying at Mouripur.
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Corporal Shahabuddin, Corporal Khan were from the Drigh road area. Corporal Khan is the same person whom I have mentioned as S.A.C. Khan, he may have been promoted as Corporal by now. There were some other persons from Drigh Road whom I had recruited but now I have forgotten their names. I did not note down the names at the time of recruitment. I orally reported the names of the persons whom I had recruited to the leaders. They did not note down the names in my presence. I was assigned the Mouripur area for recruitment. I had left my village on the 14th January, 1968 to go to Karachi. I may have stayed at a stretch in my village 4 or 5 days prior to that. I saw the news about the arrest of other persons in the paper while I was in my village. It may have been about one week earlier than my departure from the village, when I read the arrest in the paper. I came to know of the arrests on the 10/11 December. Some names I came to know of persons arrested on that date. They were not known to me but it was mentioned that they were arrested in this conspiracy. Mr. Ahmad Fazlur Rahman, Mr. Ruhul Quddus, Mr. Manik Chowdhury & Mr. Bidhan were amongst those arrested as published in the paper. They were not known to me. (The witness was suggested by the learned Counsel that he was wrong in arresting that he had seen the names of these persons arrested, in the paper, on the 9th or 10th December. He now says that he did not see their names in the paper but saw their names in the paper 4 or 5 days before his departure to Karachi). I was at Chittagong from about the 9th or 10th December up to 12th December and it was there that Chowdhury Zainul Abedin told me about certain arrests. A.D.C. Rahman was with me when I went to Chittagong on this occasion, I did not meet anybody else besides Zainul Abedin there. Chowdhury Zainul Abedin had told me that Mr. Rameez had been arrested and also some other political leaders from Chittagong
I went to Karachi from Dacca and at Karachi also I came to know that arrests had been made. The persons arrested at Karachi were Flt. Stg. Mafizullah, Sgt.Shamsul Huq and Mahfuzul Bari. I did not go to the blocks in which they were residing because I did not have any time for that. I was arrested at about 11 or 12 o’clock on the 15th, the day when I
Record of Proceedings, Agartala Conspiracy Case .383
arrived at Karachi. I learnt about their arrest in the morning, before my own arrest. I reached Karachi at 03.30 hours of 15th January, ’68. I came to know about the arrests from Mr. Mahbubuddin whom I met in his house. I went to his house and met him at about 6-30 or 7 o’clock in the morning, on that day. I was arrested from my office. After my arrest, I was taken to the office of our air intelligence in the city. I do not know the exact name of the officer who arrested me. This intelligence office of our air force is located in a big building. I was interrogated there. I was kept in that office for about 3 days. During this period I was questioned at intervals stretching to about half an hour or fifteen minutes. I was allowed to sleep there on a ‘Charpai’. There was a room used for sleeping. I was kept inside a closed room. From there I was taken to No. 2 P.N.S. Flight, Ingle Road, Karachi. Recruiting officer is also located in Ingle Road. I never went to the recruiting officer at Ingle Road. I was detained in Ingle Road for about 6/7 days. During this time I was not asked any question. From this Ingle Road, I was taken again to the intelligence office. From there I went to Mauripur to take my T.A. to come to East Pakistan. Actually, I was taken to Mauripur to collect my T.A. So that I could come to Dacca. I was brought back to Dacca on the 29th January under P.A.F. guard. Before my coming to Dacca, I was kept in the intelligence officer and that was for 3 to 4 days. A part from the P.A.F. officers nobody else met me. After arrival in Dacca I was kept in a cell in Third Punjab. I was alone in the room, but I was permitted to go out at times of need. During my stay in the cantonment at Kurmitola, I made statements to the police officer. This statement was made by me in the month of March, 68. Prior to my making statement to the police, I was asked questions by police officers or some other persons, but I do not know whether they were military officers or not. No prepared statement was given by any of these officers to me for my reading. There was no written statement before me at the time. When I went to the Magistrate to make my statement. At the time of my statement to the police, the police officer asked me questions and I replied and on my reply, the answers were noted down. No copy of such statement was supplied to me. After my statement to the police, about 10/15 days
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thereafter, I made the statement before the Magistrate. I may not be able to repeat exactly what I stated to the Magistrate regarding the meeting and conversation with Flt. Sgt. Mafizullah in May, 1966. Before the Magistrate, I made the same statement regarding this conversation as I have made in this court but the language may be slightly different. I do not know the six-points programme of the Awami League. We discussed these Six- Points out of which I only remember one relating to Adult Franchise. While making my statement to the police I answered sometimes in English and sometimes in Bengali according to the language of the question. I do not know in what language the police officer wrote down my replies as the record was not shown to me.
This canteen near our Squadron was used by the rankers as well as by the officers. In this canteen, there may be one or two benches and one table and there were no chairs. I cannot remember whether on that day we sat and talked about things on the bench or did so standing. One canteen boy served the tea to us. I do not remember how many persons were there in the canteen when I talked to Flt. Sgt. Mafizullah but there were some persons then. There was no counter in that canteen. I cannot say whether there was any other. East Pakistanis present in the canteen at that time.
That was the first day when Flt. Sgt. Mafizullah talked to me regarding this movement. After hearing Flt. Sgt. Mafizullah about this I felt happy and enchanted.
(In reply to a question asked by the learned counsel whether he felt enchanted after hearing Flt. Sgt. Mafizullah, the witness replied ‘yes’ and added that ” happy” and “enchanted” meant the same thing).
I am aware of the disparity between the two wings of Pakistan in the Armed Forces. In the matter of disparity, I know that there are more industries in west Pakistan than in East Pakistan and more Government officers are recruited from West Pakistan than from East Pakistan and as the capital is located in West Pakistan, most of the offices of the Central Government are functioning in West Pakistan.
(On being asked by the learned Counsel as to what grievance he could have in this kind of disparity, the witness answered “as the two
Record of Proceedings, Agartala Conspiracy Case • 385
wings are separated by more than 1000 miles and because of this, there is more money in circulation in west Pakistan and as such more prosperity in West Pakistan”). We wanted to eradicate this by separating East Pakistan from the centre as them we would be able to make this part more prosperous. We would separate East Pakistan from the Central Government by staging a revolution. As I am a military man, I believe in armed revolution. My plan to stage this armed revolution was by procuring arms and recruiting the trained personnel for that purpose. I was informed that we will be recruiting such personnel who will be able to fight. I was not the chief planner of this movement and as such, I did not know that exact weapons were sought to be procured. I was not informed as to what exact weapons were going to be procured. I did not know the details and exact plan as to when and how the revolution will be staged. I was assured of success. The time for staging the revolution was also not intimated to me. I did not know how many recruits were to be recruited for achieving the success of the revolution. It was not discussed in any of our meetings as to how the revolution was to be led.
Mahbubuddin has been known to me since 1961. He was a recruit in the Army but he did not fulfill his training, as far as I know. I do not know in which year he was recruited, and I do not know for how many years or months he was in the Army. In 1961 when I knew him, he was already out of the Army. I came to know Mahbubuddin through some of his relations who were my friends. Mahabubuddin lived at different places in Karachi at different times. In May, 1966, Mahaubuddin may have been living at Jahangir Road, East. I had been in that house many times. The number of that house probably was 28/5. He was not living with his family as he was a bachelor. He was living with a friend as his who had no family. The meeting did not take place in this house.
The meetings I have spoken of took place at the residence of Mahbubuddin at Martin quarters. Mahbubuddin was staying there with one of his relatives. This relative had his family.
Mafizullah’s quarter was located at Abysinnia Lines. It was not a separate house but a part of a block. I do not know how many rooms
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were in the block. The roof was probably made of C.I. sheets. I cannot say how many partitions were there in that block. There is no corridor in the middle dividing the room of the block.
The meeting in the house of Mafizullah took place, probably, 2/3 months after my meeting with him in the canteen. I knew Jamaluddin from 1959, when he was at Kohat as a trainee. I knew Ex- Corporal Amir
in the P.A.F. I remember seeing him there in 1962. Probably I met him last in 1964, as serving in the P.A.F.I did not meet him after that. After his leaving the P.A.F. I did not meet him. I heard the name of Amir Hossain as I heard the names of so many persons, later.
In the meeting in the house of Mafizullah, Corporal Jamal was the first speaker. He stated that Sgt. Shamsul Huq was working for the movement in Dacca under the guidance of Lt. Commander Moazzem Hossain and one ex- Air Force man, Amir Hossain. The minute details about the movement were neither inquired by us nor given in the course of that meeting in the house of Flt. Sgt. Mafizullah. It is not correct to say that I mentioned Amir Hossain only because I was instructed to name him as one of the leaders of this movement. I cannot say whether Amir Hossain was in the movement in September or October, 1966. (The witness was handed over a paper showing the words “Movement/ organization” and was asked to say as to what he understood by this expression. He says that by this is meant that the movement and organization convey the same meaning.) If the two words are written as “Accepted / Adopted “then I say that the two words would convey the same meaning
Record of Proceedings, Agartala Conspiracy Case .387
SPECIAL TRIBUNAL
RECORD OF PROCEEDINGS.
16.10.1968
PRESENT Mr. Justice S.A. Rahman, H.Pk., Chairman.
Mr. Justice M.R. Khan, S.Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member.
For the prosecution: As before.
For the defence: As before.
Accused present: As before.
Witness on oath: As before.
CROSS-EXAMINATION OF P.W.9 SIRAJUL ISLAM continued. TO MR. ABDUS SALAM KHAN:
I do not remember if I stated before the Magistrate that the meeting at Flight Sergeant Mafizullah’s house took place one month or so after May. (so recorded). It is not correct to say that I have changed the month from June to September/October in this court because Flight Sergeant Mafizullah did not have a house in the Abysinnia Lines in June. Nor I can remember if I made a similar statement to the Polices (so recorded).
I have not got the letter which I have received from Mafizul Bari. I received that letter in my village home. I received it probably in the last week of January or in the first week of February, 1967. I did not know the location of the shop of Razzaque beforehand. I was given the address and I went there myself. It was Sergeant Shamsul Huq who gave me the address. This meeting was conveyed by Sergeant Mafizullah. Before I
met him at the Airport I got no communication from Sergeant Mafizullah. It was Sergeant Shamsul Huq who introduced sergeant Mafizullah and myself to Razzaque. I do not remember the date when I left my home village in order to receive Flight Sergeant Mafizullah. I do not remember if I described Lt. Moazzam Hossain as ‘Bara Bhai’ in the context of the meeting at the ex-Sergeant Razzaque’s shop in my statement’s to the Magistrate (Not recorded). Nor do I remember if I stated like that to the police (Not recorded).
Razzaque’s shop was a medicine shop. The shop abuts on the road. If one goes to the city side it would be on the left side of the road. The shop may be 10’x12′ ft. There was another store-room behind it. We sat in the store-room for the meeting. That room may be 8’x4′ ft. There were a bench and one or two trunks lying there. I do not remember having seen any medicine box or bottles there. On the side of this shop, there are other shops. Besides the person’s I have named, there may have been one or two other persons present. I do not remember who they were. I do not remember if any names of persons working in the movement in East Pakistan were mentioned at this meeting. I do not know where Lt. Moazzam Hossain was at that time. Mafizullah only said that he had a discussion with him at Karachi. Mafizullah and I did not go back to Karachi together.
I cannot remember the names of other persons who might have been present at Lt. Rahman’s house in the meeting besides those I have mentioned. It may have been 4 P.M. or 4-30 P.M. When we went to pick up Mahbubuddin for the meeting at Lt, Rahman’s house. I had gone inside the mill premises to call him. I do not remember if I made any entry in the Register at the Gate or not. There was a system of gate-pass for the entry to the gate. I do not remember if I got a gate- pass or just entered without it. I cannot remember if in the context of the meeting at Lt. Rahman’s place, I mentioned it in my statement to the Magistrate that Lt. Commander Moazzam Hossain was referred to as ‘Bara Bhai’ (Not recorded). Nor do I remember if I’ mentioned this in my Police statement (not recorded). I do not remember if I stated to the Police that when we arrived at Lt. Rahman’s place we saw there amongst others Sergeant Mafizullah (so recorded). It was not mentioned in the meeting at the house of Lt. Rahman as to who were the workers of the movement in East
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Pakistan and West Pakistan. I did not learn of any impending action that might be proposed to be taken by the Revolutionary Organisation in those days. Nor was I informed of the possible date or month of such action.
I cannot say in which week of May the meeting at Sergeant Jalil’s house took place. I cannot remember if I mentioned the demonstration of the ‘hand-grenade’ at the meeting at Sergeant Jalil’s house in my statement to the Magistrate (Not recorded). I do not remember who paid the taxi fare for going to Sergeant Jalil’s house. I know that Jalil’s house was in the Clayton quarter; I am not aware of the Clayton Road and cannot say whether the quarters were on that road.
As far as I remember I went to the second meeting at Lt. Rahman’s house in Karsaz area. Besides the persons named, there might be 1/2 more men at that meeting, but I cannot remember who they were. Probably while going, I traveled some part of the way by bus and some part on foot. It may be that when I arrived there I found the persons I have named present there. I can give no idea of the week or month, in which the first meeting in Lt. Rahman’s house took place. I do not know if Lt. Rahman was out of Karachi from the 29th April to the 18th of May. It is not correct to say that I am not fixing any date of that meeting because of any such fact. I never saw the telegram which Sgt. Shamsuddin sent to Lt. Rahman. No recruitment of new members took place after the second meeting at Lt. Rahman’s house. Lt. Rahman came back from Dacca earlier than Sultanuddin. The first meeting at the house of Mahbubuddin took place probably in the first part of July i.e., before the 10th July. I met Sultanuddin on his return from Dacca for the first time in that meeting. Some of the persons who attended that meeting had not been seen by me earlier, but some I saw before that meeting. I had seen Pilot Officer, Mirza earlier than this meeting in the P.A.F. Drigh Road. I had no talk with him on that occasion about the movement. I do not remember if I met S.M. Ali earlier than the meeting. The same is my answer with regard to Sgt. Kasem, Joynul and Choudhury Zainul Abedin. I did not note down the names of these persons in any diary or in any other document. I do not know if any of these persons were arrested in this case. It is not correct that I have mentioned the name of Sultanuddin as attending this meeting in order to link up the navy with the Air Force.
Record of Proceedings, Agartala Conspiracy Case 391
I do not remember if there as any decision taken in the first meeting at Mahbubuddin’s house that a second meeting would be called a few days later. I cannot remember who informed me of the second meeting held at Mahbubuddin’s house. Nor can I remember if I went alone to that meeting or with somebody else. I only met Lt. Rouf at this meeting but did not know him before. The meeting was held at about 5 p.m. in the afternoon. It might have lasted for about 2 hours. I cannot remember if it was a working day or a Sunday. I did not know where Lt. Rouf used to reside at that time. Nor did I know where Joynul or Choudhury Zainul Abedin used to live at that time. It was Lt. Rahman who said that so long as no leader is decided upon, Lt. Rouf would be our leader. No one raised any objection to this proposal. I also accepted him as a leader. It was not decided to whom money by way of subscription was to be given. I had myself given over the money I collected to Lt. Rahman. This was after the second meeting at Mahbubuddin’s house. I did not hand over the money to Lt. Rouf, the acknowledged leader, as I could not meet him. Probably he was in Karachi at that time. I handed over money more than once to Lt. Rahman. Probably I did not try to meet Lt. Rouf for this purpose.
I have no idea how much money would be necessary to set up a technical school. The oath which we took in the meeting was written then and there and then read out in Bengali. Two or three members jointly made a draft of the oath. I cannot reproduce the exact words of the oath in Bengali now. I did not have the words of the oath in writing before me when I made my statement to the Magistrate. I do not remember if I stated to the Magistrate that I was translating the Bengali oath into English for him (so recorded). I cannot now reproduce the English translation of that oath exactly. I have already given the sense.
I cannot remember exactly, but I think it was in July that the second meeting at Sgt. Jalil’s house took place. I cannot recollect whether Sgt. Shamsuddin was also present at that meeting or not. I cannot remember if I stated before the police that at the second meeting at Sgt. Jalil’s house, Sgt. Shamsuddin also attended. It is not correct to say that Sgt. Shamsuddin was not in Karachi in those days and that I have been made to substitute him by Corporal Shahabuddin. I knew Corporal Aftab
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earlier than this meeting. I had met him in connection with this movement. In fact, I recruited him in the Movement. Besides attending the Meetings of the organisation, Corporal Aftab did nothing else. I do not remember if he actually attended any other meeting besides this one.
I had applied for discharge from the service once in 1963 and once in 1967. I was not connected with this movement in 1963.
When it was mentioned in the meeting by Lt. Rahman that it was said that Lt. Com. Moazzem Hossain had misappropriated funds, it was not stated how much money had been collected or how much had been misappropriated. Nothing was said, however, in that meeting that as a result of this information, Lt. Com, Moazzem Hossain should cease to be the leader of the organisation. I took no step either to meet Lt. Com. Moazzem Hossain after that or to get him removed. I did not accept him as my leader. I did meet him, however, after this meeting. I did not, however, mention to him when I met him, the rumor about his misappropriation of funds or the utilisation of those funds. I met him only once at evening time. I had met him accidentally and had not gone there deliberately to meet him. It was, not a part of my duty to talk to him about the rumors of misappropriation. I would not like if somebody misappropriated the funds of the organisation. I felt that all money raised for the organisation should be properly utilised. There was some discussion about the movement at Sultanuddin’s house where I met Lt. Com. Moazzem Hossain Sultanuddin himself knew about the misappropriation information because it was discussed in the meeting when he was present. Earlier I had talked to Sultanuddin about the misappropriation question. It was left to Lt. Rauf and Lt. Rahman to discuss this matter with Lt. Com. Moazzem Hossain after visiting East Pakistan. Sultanuddin was not present in the first meeting in which the misappropriation question was mentioned by Lt. Rahman but he was present in a subsequent meeting in which the subject was brought up. I cannot remember in which meeting this was so mentioned. I may have forgotten to state in this Court the mentioning of misappropriation question in any other meeting except one. I cannot remember if I mentioned this subject of misappropriation in the context of only one meeting in my statement
Record of Proceedings, Agartala Conspiracy Case 393
to the Magistrate (so recorded). Nor can I remember if I mentioned this in my police statement (nor recorded).
I met one Siddiqur Rahman once in a meeting of the organisation. I do not know what he does. He speaks Bengali but I do not know whether he belongs to East Pakistan or West Pakistan
I do not remember if I stated to the Magistrate that I went to Chittagong to get money from one Mr. A.D. Rezaur Rahman. The fact is that I accompanied him to Chittagong and got money from him there to the extent of Rs. 150/-. I do not remember if I stated to the police that when I went to Chittagong Mr. Reazur Rahman accompanied me (not so recorded).
When I went to Sultanuddin’s house when he was sick, that was the first occasion that I met Std. Mujibur Rahman. I do not remember whether this meeting with Std. Mujibur Rahman and Lt. Com. Moazzem Hossain at Sultanuddin’s house took place before I went to Chittagong or after Lt. M. M. Rahman was probably in East Pakistan in December, 1967 but I do not which place. I had handed over the money to Lt. M. M. Rahman at Karachi. The total amount I thus handed over was Rs. 650/-: The money that I received at Chittagong viz., Rs. 150/-. I myself spent. I did not hand it over to Lt. M. M. Rahman. I could not meet anybody to pass on this money to him because of the arrests and therefore, I kept it with myself. From Chittagong, I went straight to my village home. I did not come to Dacca. From my village home, I only came to Dacca on the day I was leaving for Karachi. I do not know where Lt. Rahman and Lt. Rouf were at that time. In fact, I had already seen in the paper that Lt. Rahman had been arrested. He had been arrested before I left for Karachi. It was probably in the first week of December, 1967 that I went to Chittagong to collect the money. At that time I had no knowledge about the arrests. It was on arrival at Chittagong that I came to know of the arrests at Chittagong. It was in January that I saw the news of his arrest in the paper. I had not met any other person at Chittagong for raising the money. I came from my village home to Dacca on the 14″ of January and I left for Karachi in the night between the 14″” and the 15th. I did not hand over Rs 150/- that I had collected at Chittagong to Mahbubuddin when I met him in Karachi
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on my return there. It was in the first week of December that I had met Std. Mujibur Rahman and Lt.Com. Moazzem Hossain at Sultanuddin’s house. I cannot give the exact date. This was before I went to Chittagong. I was not supposed to tell Lt. Moazzem Hossain that I was going for collection of money to Chittagong and I did not mention this to him.
I had a return ticket for Karachi with me by air when I came on leave. I traveled on that ticket when I went back. I had got the date of journey endorsed at Comilla. I specially went to Comilla to get the endorsement made. I do not remember how many days before I started for Karachi, I went to Comilla.
I do not remember if I mentioned to the Magistrate in my statement that Sgt. Shamsul Haque was also amongst those present at the second meeting at Mahbubuddin’s house (not so specifically mentioned). Jahangir Road runs by the side of the Clayton Quarters. I do not know if a Clayton Road is near those quarters or not.
It was not correct that I was sent to the hospital while I was in custody. It is not correct that I was assaulted by some Officers who wanted to extort statement from me while I was under detention.
I cannot exactly remember the date when I went to Chittagong for collecting the money. It was probably on the 12th or 13th of December that I heard about the arrests. I met Lt. Commander Moazzem Hossain before going to Chittagong but I cannot remember the exact date when I met him. It may be on the 6th of December, 1967. It is not correct that the statement that I made before the Magistrate was drafted beforehand and the words were not mine. It is not correct to say that I deposed before the Magistrate what I was asked to depose.
TO MR. NAZIRUDDIN AHMED :
Bengali is my mother tongue and I prefer speaking in Bengali. I made my statement to the Magistrate in English. As English is the official language so I made the statement before the Magistrate in English. I do not know that hundreds of confessions in Bengal are made in Bengali. It is not correct to say that my confession was prepared beforehand in English. As I attended the meetings myself, as such I remember the months for such meetings.
Record of Proceedings, Agartala Conspiracy Case 395
TO MR. MD ISMAIL :
The Magistrate did not ascertain facts for me before recording my statement. I was produced before the Magistrate by Lt. Sharif. There was another man in civilian clothes who took me before the Magistrate. I do not know whether he belonged to the Special Branch. I knew that I would be sent back to Military Custody after making my statement. At the time of tendering me pardon by the Magistrate, I was produced before him by Major A.B. Naser.
TO MR. ATAUR RAHMAN KHAN:
After arrest, I have been all through in detention. I was however allowed to go home for 3 days during the last month to see my ailing grand-mother. I was given permission to do so by the authorities that kept me in custody.
TO MR. ALEEM-UR-RAZEE:
I am a bachelor. During my stay in Karachi, I used to reside in the Bachelors’ Quarters in PAF Installation. It is the settled practice that whenever a resident goes out from the Bachelors quarters in PAF Installation, he is required to endorse that in the Register maintained for this purpose, in the Guard Room and he is also required to do so when he returns back. These Bachelors’ Quarters are also called “Living in Quarters”. I am not sure whether I made entries in such Register whenever I was going out from the quarters but as far as I remember I did so. My answer is the same in regard to all these meetings.
Above the rank of Flight Sergeant, in the category of noncommissioned personnel there is a rank of Warrant Officer and then Master Warrant Officer. In the category of commissioned officers, there is the rank of Pilot officer, Flight Officer, Flight Lt. Squadron Leader and Wing Commander, then. Group Cantain, then Air Vice Marshal and then Air Marshal. In connection with our Revolutionary Organisation, we did not have any discussion with any East Pakistani superior officer in the | Air-Force. There are East Pakistanis up to the rank of Wing Commander. I did not find any difficulty to rise up to the rank of Corporal in my service, and my promotion was in due course. I cannot remember whether I ever received any ill-treatment from any East Pakistani superior officer of our Air-Force service.
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I had not heard any incessant noise at night while I was in detention in the cell of the Punjab Regiment. But I could not however, sleep properly during the night, as I did not have a mosquito-net and there was no light in that room. I was permitted to have drinking water in the night if I so needed. I could ask for such water from the Guard.
I had my normal break-fast on the 15th of March, 1968 when my confession was recorded by the Magistrate. The break -fast consisted of tea and “puri’. The Magistrate took about one hour to record my statement. The Magistrate was sitting in a room in the Signals Mess. I do not remember whether I was offered a cup of tea prior to the making of my confessional statement to the Magistrate. As far as I remember, I wanted to have a glass of water and I supplied with it. I do not remember whether any other thing was taken by me at that time. I did not mark whether the water tested normal or it was medicated. I do not remember whether I stated to the Magistrate that the meeting that took place in the residence of Sgt. Jalil in August, 1967 was also attended by him (not so specifically mentioned). I do not remember if I stated before the Magistrate that in the meeting that took place in June/July, 1967 in the house of Mahbubuddin in the Martin Quarters, the oath was taken actually (not recorded).
I do not remember whether I stated to the Magistrate that I enlisted 14 members for our organisation (so recorded). I do not remember if I stated to the Magistrate that, I resided in the house of Mr. Malek in the Sukrabad, Dacca (not recorded). The same is my answer with regard to my Police statement in this connection (not recorded). In the oath that we took, it was not stated that we should separate East Pakistan from West Pakistan. It is not correct to say that there was no meeting held in the house of Mr. Malek in Sukrabad, Dacca. By economic exploitation, I understand that due share of earnings of Pakistan is not spent in East Pakistan. I was a student in Economics. I studied at the Islamia College, Karachi in my B.A. I got my admission there in 1964. I however, did not take permission to do so from the authorities. I was attending the classes there only on Sundays, in the morning shift from 7.0`clock. No permission was needed for leaving my quarter on Sunday. I had to enter my name in the register in the Guard’s room however. I do not remember whether I entered my name in the guard room during each and every departure of mine.
Record of Proceedings, Agartala Conspiracy Case.397
I never called a meeting in my own quarter. I might have paid about 20/25 rupees for our organisation. My pay is about 200/ -rupees now. Before my arrest, I was getting RS. 200/-. I was not a member of the students Union of the Islamia College in Karachi. After arrival in Dacca, on 28th November, 67, I stayed here for about 4/5 days, and then I went to my village home. In my village home, possibly I stayed on that occasion, for one night only. My father is alive. He is not very aged. My father did not raise the topic of my marriage on that occasion. After joining this organisation I thought it will not be wise to marry and as such, I have remained bachelor until now. The working hours in the P.A.F. installation are normally 7.00 to 1.30 and sometimes 7.30 to 2.00 P.M. I had my schooling in my village school. It is not correct to say that the story of my oath is a myth and false.
It is not correct to say that there was no meeting in the quarter of Mahbubuddin and that Lt. Rouf never attended any such meeting.
TO MR. FAZLUL KARIM:
I did not know Sgt. Shamsul Huq up to Decermber,’66 Flt. Sgt. Mafizullah requested me to meet Sgt. Shamsul Huq when I informed him of my going to East Pakistan only. I do not remember whether Flt. Sgt. Mafizullah gave me any letter of introduction to Sgt. Shamsul Huq. As I was assured that Sgt. Shamsul Huq was a member of this conspiracy, as such, I had no hesitation in contacting him about this matter. I contacted Sgt. Shamsul Huq in his quarter in P.A.F. Dacca. As far as I remember, I met him in the evening. I came to Dacca about 2/3 days prior to the arrival of Flt. Sgt. Mafizullah. I met Sgt. Shamsul Huq in the first week of January, ’67 in his room and then again I met him at Awalad Hossain market in the shop of Razzak.
It was probably for the first time that I was information about the promised assistance of arms and ammunitions from India in the meeting at the house of Sgt. Jalil in May, 1967. After hearing such news I was happy. I did not put any question to Sgt. Shamsul Huq about the conditions of getting any help from India. I do not remember if I stated to the Magistrate that Sgt. Shamsul Huq spoke about help from other countries besides India to out organisation (not recorded). The same is my answer with regard to my statement to the Police (not recorded). I do
398 . Record of Proceedings, Agartala Conspiracy Case
not remember if I stated to the Magistrate that Sgt. Shamsul Haq also attended the meeting in the quarter of Mahbubuddin at Martin Quarters in June -July, 1967 (not recorded).
TO MR. BADRUL HAIDER CHOWDHURY:
It is not correct to say that Sgt. Zahurul Haq, accused did not participate in the meeting in July, 1967 at the residence of Mahbubuddin. It is not correct to say that I identified accused Zahurul Huq falsely at the instance of the police. It is not correct to say that Sgt. Zahurul Huq was never known as Sgt. Zahur but only as Sgt. Huq. It is not correct to say that I have falsely identified him because I was shown a photograph of him by the police.
TO MR. JULMAT ALI KHAN:
I do not believe it any more that armed revolt is the only means to separate East Pakistan from the Centre and to make it prosperous thereby. I still believe that the disparity between the two Provinces still exists: I do not know whether the disparity is increasing or not. The disparity should be and can be removed by representations and constitutional means. When I was taken before the Magistrate for recording my statement, the Magistrate was the only person there. One person in civil clothes used to enter that room at times. As far as I could make out that person was the orderly of the Magistrate. After completing my statement before the Magistrate I left the room with Lt. Sharif who produced me before the Magistrate. I did not leave the room of the Magistrate from the time of my entry till the completion of recording of my statement. I arrived at a decision to make a confession, about 20 days before making the confession itself. At that time I did not know that by making a confession I was likely to receive a pardon. As I came to the conclusion that it was not right for me to have joined this unlawful organisation, I decided to make a confession. It is incorrect to say that I had an occasion to stay with Sgt. Shamsuddin in the same room during my stay in the Third Punjab Mess, for one night. It is not correct to say that my story about my participation in the conspiracy is false.
Record of Proceedings, Agartala Conspiracy Case • 399
SPECIAL TRIBUNAL
RECORD OF PROCEEDINGS.
17.10.1968
PRESENT : Mr. Justice S.A. Rahman, H.Pk., Chairman.
Mr. Justice M.R. Khan, S.Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member.
For the prosecution: As before.
For the defence: As before.
Accused present: As before.
Witness on oath: As before.
CROSS-EXAMINATION OF P.W.9 SIRAJUL ISLAM continued:
TO MR. S.M. NURUL ALAM:
I cannot remember where and when I conveyed the revolutionary ideas which were imparted to me by Mafizullah to Sgt. Jalil. That may be, however, in the month of May or June, 1966. Again said may be June, 1966. I am not aware that Sgt. Jalil was away on leave from the 30th May, 1966 to 13th July, 1966. I was residing in the P.A.F., Drigh Road, when the meeting was held in Mafizullah’s quarter in Abysinnia Lines. S.A.C. Bari was also living at Drigh Road in those days. Bari and I, however, did not go to the meeting at Mafizullah’s house together. I cannot give the exact date of the meeting that was held at Sgt. Jalil’s house in the month of July, 1967. It may be in the last part of July. I am
not aware that Sgt. Jalil was away to Kohat from 29th May, 1967 to 30th July, 1967. Nor am I aware that he was on leave from 29th June to 30th July, 1967. When I went to Sgt. Jalil’s house in a taxi in May, 1967. I came from Mauripur through SITE area and then through Nazimabad. While I was working in the record office at Mauripur for some time, I was residing at Drigh Road and later I shifted to Mauripur but I cannot say when exactly. I had a feeling about disparity even before I met Mafizullah. While under detention I only visited the hospital one day to get my ear checked up. It is wrong that I was treated as a mental patient due to assault and worry.
TO MR. V.I. CHOWDHURY:
I cannot remember if I stated to the Magistrate in my statement that in the second meeting in July, 1967 at Mahbubuddin’s house, Mahbubuddin was also present (not specifically mentioned). Nor do I remember if I stated that to the police (not specifically mentioned). I had picked up Sgt. Shamsuddin from his residence on my way to the meeting in Karsaz. I went straight to his residence as at that time it was after working hours. I might have taken 15 minutes in the taxi to go from Mauripur to the Mill of Mr. Mahbubuddin. I had picked up Shamsuddin at about 4 P.M. I did not know the guard at the gate of the mill beforehand when I went to pick up Mahbubuddin. I know that Mahbubuddin has a number of relatives in Dacca with whom he stays when he comes here. I had known Mr. Malik of Sukrabad area from my boyhood. Mr. Malik was also associated with Child Welfare Association, Boy Scout Association etc. I do not know if he was in the employ of the Government. I cannot remember if at the time we discussed the starting of the technical school, beside Lt. Rouf, Mahbubuddin Chowdhury and myself, anybody else was present or not. I cannot remember if I stated to the Magistrate in my statement that others were also present in the house of Mr. Malik at that time (so recorded). Nor do I remember if I stated so to the police (so recorded). We had talked to Mr. Malik also about the starting of the technical school. It is wrong to say that this discussion about the starting of the technical school was confined to myself and Mr.
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Malik as a piece of social work and the rest of my story about it is false. I cannot remember if I mentioned in my statement to the Magistrate that besides Mahbubuddin and S.A.C. Bari, I had also joined in requesting Lt. Rahman to ask Sgt. Shamsuddin who was going to Dacca on posting, to provide information about the party affairs from there (not recorded). Nor do I remember if I mentioned this to the police (not recorded).
No other Counsel wishes to put any Cross-examination question.
Chairman.
Member
Member.
Read over and Admitted to be correct.
Record of Proceedings, Agartala Conspiracy Case • 403
18.10.1968
CORRECTION
P.W. 9, Corporal Sirajul Islam has finished reading over his statement and stated as follows:
At page 491, in the 4th line from the top, instead of the number ‘1071’ it should be ‘107’. In the 8th line on the same page instead of ‘L.C.O.’ it should be ‘N.C.O.’ At page 492 in the 18th line from the top, instead of ‘Lft.’ it should be ‘Flt.”. At page 503, in the 16th line from the top, instead of ‘L.A.S.C.’ it should be only ‘L.A.C.’. At page 504, in the 20th line from the top, instead of ‘A.D.O.’ it should be ‘A.D.R.’ At page 506, in the first line of the 2nd paragraph, instead of ‘our’ it should be ‘Accounts’. At page 519, in the 5th line from the top, instead of ‘Flight Officer’ it should be ‘Flying Officer’. In the 6th line, on the same page, after “Group Captain” the words ‘Air Commodore’ should be inserted.
The rest of the statement is correctly recorded.
Chairman.
Member.
Member
Read over and
Admitted to be correct.
17.10.1968.
DEPOSITION OF P.W. 10, MOHAMMAD GHULAM
AHMED ON SOLEMN AFFIRMATION
My name is Md. Ghulam Ahmed, son of Mvi. Abdul Jabbar, aged 25 years, by faith Muslim of village Jafforabad, P.S. Madaripur, District Faridpur.
I joined the Pakistan Navy as a Rating in 1958 from Chittagong. I had my training in PNS BAHADUR, Karachi. On completion of my training, I was posted to PNS TUGHRIL, a sea-going ship, in 1960. I served in that ship for 25 years. However, I continued to serve in Karachi until the year 1966. While I was at Karachi I developed a friendship with Std. Mujibur Rahman, Leading Seaman, Sultanuddin Ahmed and Noor Mohammad, all three of the Navy. They used to talk about political matters including the question of disparity between East and West Pakistan as for instance, the larger number of West Pakistani officers in the services as compared with the East Pakistani (The witness correctly pointed out Std. Mujibur Rahman, L.S. Sultanuddin Ahmed and L.S. Noor Mohammad in the accused’s dock). Besides these persons whom I have named, I met many other East Pakistani seamen while in Karachi but they are not here. In 1964-65, I also met Ex-Corporal Amir Hossain in Jahangir Road, where he used to live; Amir Hossain was the Joint Secretary of the Faridpur Association. Std. Mujibur Rahman used to take me to the Association house on Jahangir Road and that is where I met Amir Hossain. I did not discuss anything with Amir Hossain except for the affairs of the associations.
In the end of 1964 or in the beginning of 1965 Std. Mujibur Rahman told me in Karachi that they were going to start a Revolutionary organisation with the object of separating East Pakistan from West Pakistan and he invited me also to join the organisation, I agreed to join the organisation.
I was released from the service in the year 1966. On release, I came to East Pakistan in the month of August, 1966. I first went to my home village. While I was there, I met Std. Mujibur Rahman who had come here on leave from Chittagong. He and I belong to the same village. Finding me unemployed, Std. Mujibur Rahman suggested to me that I should go to Dacca and contact ex-Corporal Samad who was functioning as Manager of the Green View Petrol Pump, Dacca. I came to Dacca and met Corporal Samad at the Green View Petrol Pump and he gave me to address of the house named “Psyche” at No 100/3, Azimpur Road. He asked me to stay there. I went to that house. When I went there I found Subedar Ashraf Ali Khan at that house. I met him there for the first time. I started living in that house. (The witness correctly pointed out exCorporal Samad in the accused’s dock). I used to work as a messenger under Std. Mujibur Rahman to collect message and information and various data from the units of the Arm Force in Dacca. Std. Mujibur Rahman used to visit at the house where I was living and one day Lt. Com. Moazzem Hossain also came there. While I was working as Messenger Boy under Std. Mujibur Rahman, I was only paid my conveyance expenses and nothing else. I was, therefore, looking out for a job. I visited many offices with that object in view. I did not, however, get any job in any office. Then I went to Chittagong at the end of August, 1966. I stayed in the Naval Fleet Club at Strand Road, Chittagong, while I was there. Std. Mujibur Rahman used to come to that Fleet Club while I was there. From there, one day, Std. Mujibur Rahman took me to the house of Lt. Com. Moazzem Hossain, named ‘Anchorage’, at Jubilee Road. I first talked to Lt. Com. Moazzem Hossain about my employment. He advised me to go and see ex-Flight Lt. Rameez and I went to meet him in his office at Chittagong; that was the PIA office at Jubilee Road. Mr. Rameez gave me addresses of a few offices. I visited those offices. However, I got no job in any of those offices.
Record of Proceedings, Agartala Conspiracy Case • 407
One day Std. Mujibur Rahman came to me at the Fleet Club and told me that I was being called by Lt. Com: Moazzem Hossain at the Anchorage. I went there and met Lt. Com. Moazzem Hossain. He told me to go and contact Naib Subeder Ashraf Ali Khan in Dacca, who was residing in the Hanafia Boarding in the Station Road. Lt. Com. Moazzem Hossain gave me a message to Ashraf Ali Khan to the effect that he should not leak out any secret of the organisation by sending any men to him to collect money as he had done before. He said that he should be told to come himself for the money, if he wanted it. I came to Dacca and met Ashraf Ali Khan and gave him the message. This was probably in the month of September, 1966. (The witness correctly pointed out Lt. Commander Moazzem Hossain in the dock). I stayed a few days in Dacca in the Hanafia Boarding. I then returned to Chittagong to report to Lt. Com. Moazzem Hossain that I had delivered him a message as instructed. I went and told this to Lt. Commander Moazzem Hossain. This was probably at the end of September, 1966.
After a few days, Lt. Com. Moazzem Hossain again called me through Std. Mujibur Rahman. On this occasion, he told me to go to a place opposite to Karnaphuli, to contact some smugglers, as he wanted something to be smuggled from India. I was to go for that purpose to the Smugglers Depot. I went to the place mentioned but I could not succeed because the smugglers doubted me as a CID agent. I came back and reported this to Lt. Commander Moazzem Hossain.
I stayed in Chittagong up to November, 1966 or early December, 1966. Probably, on the 25th December, 1966 I returned to Dacca. I joined here the Wazir Ali Group of Industries and continued serving there. That office is in the Motijhil Commercial Area in Dacca. I joined the Ali Automobiles Section of these Industries. In early 1967, Std. Mujibur Rahman while I was serving in the Ali Automobiles. He asked me to go on collecting information about the G.C.Os. & N.C.Os. of East Pakistan in Dacca Cantonment. I agreed to do so. I collected that information and gave it in writing to him. This was probably in January or February,
408 . Record of Proceedings, Agartala Conspiracy Case
1967. Again said I delivered the information to Lt. Com. Moazzem Hossain at the house of Dr. Kheleque, in Dacca.
This was either in January or February, 1967. I was residing in these days at Pak Motors on the Airport Road, Dacca.
Two-three months after giving this information to Lt. Com. Moazzem Hossain, I shifted my residence. For sometime lived in Maghbazar area and in July, 1967, I shifted to 13, Green Square. Lt. Com. Moazzem Hossain had provided me accommodation in that house. One, Lutful Huda, was residing in that house. He told me that Std. Mujibur Rahman and Mr. Ali Reza had gone to India to procure arms and ammunitions. I also found in that house ex-Corporal Samad, Subedar Jalaluddin Ahmed and Havildar Daliluddin besides Lutful Huda contractor. Std. Mujibur Rahman was also living there besides myself. (The witness correctly pointed out ex-Havildar Daliluddin in the dock.) Besides the persons whom I have named as living in that house, Ex-Flight Lt. Rameez, Subedar Shamsul Huq and one, Dr. Khurshid who was in the Navy used to visit that place. Mr. Ali Reza also used to come there. (The witness was asked by the learned Counsel whether he could recollect anybody else who might have visited that house. The witness thought for some time and said, ‘I cannot remember anybody else’). When these persons used to come to this house, they used to meet and discuss. As I was not allowed to attend their meeting, I cannot say what was discussed. I myself thought that I was too young to keep the secrets and that is why I was not allowed to attend their meeting. (The witness pointed out Capt. Khurshid in the dock and said this is Dr. Khurshid. The witness pointed out Risaldar Shamsul Huq in the dock and said this is the Subeder Shamsul Huq I mentioned. The witness after careful scrutiny of the accused in the dock, eventually identified Mohammad Ali Reza accused correctly).
In the month of March or April, 1967, when I was looking for employment in Dacca, one day I went to Lt. Moazzem Hossain at Dr. Khaleque’s house in Dhanmandi. I asked him to find some employment for me.
Record of Proceedings, Agartala Conspiracy Case • 409
He suggested that I should a shop in Darsana on the Border. He said that the idea was that I should open a shop there to collect messages and information, but he did not say from where. I did not agree to that proposal.
(Note:- The witness came out with his statement after he had been put a question by the learned Counsel for the prosecution as to whether he had over been asked to open a shop by anybody).
I vacated 13, Green Square probably in the month of September, 1967. I was granted pardon in this case and I accepted it.
CROSS-EXAMINATION :
TO MR. ABDUS SALAM KHAN.
I was examined by the police but I do not remember when I was arrested on 9th December, 1967 from a house in Maghbazar, Dacca. That was a rented house in which I was living at that time. The house was, in fact, rented by Std. Mujibur Rahman but I lived in it. He was also living in it along with two others. When I was living in those days in Maghbazar area, 13, Green Square and ‘Psyche’ had been vacated by the party organisation. This was in December, 1967 had been residing in that house Maghbazar area from first December, 1967. The number of the house is 543, Nayatola, Maghbazar. One Walliullah is the owner of the house. I had met him. The rent was Rs.140/- per mensem. There were two rooms in the house. Samad and Subedar Jalaluddin Ahmed also used to live in that house. I also met Corporal Sirajul Islam there. No meetings were held in that house in Maghbazar Area. I do not know Sgt. Shamsuddin. So far as I know it was contractor Lutful Huda who has rented 13, Green Square. I can spell the word, ‘Payche’. (The witness correctly spelt it). I did not see any writing paper with printed letter heads in the house ‘Payche’. The work ‘Psyche’ was painted or engraved on the house itself. Even after I had left the house “Psyche’, I visited it once to meet Ex-Corporal Ex-Corporal Samad. This was in October, 1966.
I was arrested by the Civilian Police in the morning time. I was taken to the Dacca Cantonment after an arrest. Till now I am still living in Dacca Cantonment. I was once taken to Rajarbagh centre. This was after a few days of my arrest. I was questioned at Rajarbagh. I revealed what I
410 • Record of Proceedings, Agartala Conspiracy Case
knew. I was asked questions and I was replying. I do not know whether the person who interrogated me took down my answers or not. I was taken to Magistrate for tender of pardon. It was only 3/4 days before I was taken to the Magistrate for a pardon, that I came to know that pardon would be tendered to me. It was Lt. Sharif who told me that I would be given pardon. I had mentioned to Lt. Sharif who used to come to me that I wanted to make a statement to the Magistrate when I talked to Lt. Sharif I did not know that I could be given pardon. When I was questioned by the Magistrate to whom I was taken, I made my statement to him on being asked questions. The Magistrate was writing something, I do not know whether he was nothing down my answers. He was writing down when I was replying to the questions. I was not taken to the Dacca Central Jail at any time. I was taken alone to the Cantonment when I was arrested. At the same time as I was arrested Std. Mujibur Rahman, exCorporal Samad, and J.U. Ahmed were also arrested from the same house. I was taken alone in a pick-up. I was the last to leave the house after arrest. The others were taken away a few minutes earlier. I did not know where the other persons were taken. I cannot say by what transport the others were taken away because I was inside the house. There was a police officer and police men with in the room while the others were taken away. The persons present there were in plain dress. I could not recognise whether they belonged to the Army or Police. Civil police were in uniform, and others accompanying them were in ordinary clothes. Those other persons were 16 to 18 in number. As I was nervous I cannot give their correct number. I met one of those other persons later. He looked like an Office but still he was in plain dress.
I did not pass any night in Rajarbagh Centre. From the time of my arrest I was thinking that I should reveal whatever I knew. During the interval between my arrest and my being taken it Rajarbagh Centre, I made no statement to anybody. It is wrong that I was tortured by the police at Rajarbagh in order to make a statement. It is wrong that I agreed to say whatever the police wanted me to say.
At present, I am staying in the Dacca Cantonment in a room but I cannot say in which unit the room is located. That is in a Barrack. I do
Record of Proceedings, Agartala Conspiracy Case 411
not know whether Ashraf Ali and J.U. Ahmed are also staying in that barrack. Apart from the Rajarbagh Interrogation Centre, I was taken to some other place, but I do not know what that place is. I used to be taken there sometimes in the night and sometimes in the day. I was taken there a few months after my arrest. In that place, I was not questioned. Lt. Sharif was accompanied by another person in plain clothes and Lt. Sharif asked me to answer the questions of this gentleman and to give a full account of what I knew. There was no other person besides Lt. Sharif and this gentleman in plain clothes who came to question me. This questioning took place after about 15/20 days of my arrest. I did not ask to be produced before a Magistrate for making a statement.
I am a Matriculate. It is correct to say that I did not make any statement to a Magistrate. It is not correct to say that after my arrest. I was released for some time and then I was brought back. I did not go to my home after my arrest. Before the grant of pardon, I was not informed by anybody that I and three others would be released and that no chargesheet would be submitted against us. I do not know Major Hasan. Nor do I know Major Naser. Again said, ‘I know Major Naser who used to come and see me with Lt. Sharif’. Lt Sharif and Major Naser saw me before and after the recording of my statement by the police. It is not correct to say that I was shown a prepared statement before I made my statement to the police.
I know one, Lt. Mozammel Hossain, of the Pakistan Navy. I did not see the statement that was prepared by the police on questioning me. The statement was not read over to me on I met Amir Hossain many times, probably about 10/15 times. I met Sub. Ashraf Ali for the first time in the house known as ‘Psyche’. I discussed the party matters when I met Std. Mujibur Rahman in Madaripur. Std. Mujibur Rahman did not give me a detailed plan about bringing about the separation of East Pakistan from the Centre. He only said that it would be done by an armed revolution; Std. Mujibur Rahman told me that he would inform me later on about the details of the armed revolution but he actually did not do so. I was connected with this movement from 1964 to September, 1967. During this period nobody told me about the plan of the armed revolution. I was
412 . Record of Proceedings, Agartala Conspiracy Case
released from the Pakistan Navy on the ground of unsuitability. They wanted to send me on a course which I refused. The authority actually discharged me. It is not correct that I was discharged for unsatisfactory work. I did not state to the police that I was discharged from the service on the ground of “unsatisfactory”(so recorded). I knew Lt. Com. Moazzem Hossain, Lt. Com. Chowdhury and Lt. Mozammel Hossain of the Navy who come from East Pakistan, while I was in Karachi. I did not talk about this conspiracy to any of these officers in Karachi. MarchApril, 1966, the rank of Moazzem Hossain was that of Lieutenant. I never went to the house of Lt. Com. Moazzem Hossain in Karachi. Nobody told me at Karachi who was the leader of the movement. I came to Dacca in August, 1966 and until November, 1966 I remained unemployed.
I met Lt. Com. Moazzem Hossain in the Naval Hospital in Karachi in December, 1965 and January, 1966. I was never a partner of Lungar Ali and Ashraf Ali Khan in any business, I got a job in the pylon Industry, Fauzderhat, Chiattagong at the end of November or early December, 1966. I served there till 25th December, 1966.
I met Lt. Commander Moazzem Hossain in Chittagong in September, 1966. It is not correct to say that Lt. Commander Moazzem Hossain was not staying in his residence ‘Anchorage’ in September, 1966. Lt. Commander Moazzem Hossain requested me to contact Subedar Ashraf Ali and also intimated to me purpose for which I was to meet him. I considered the purpose was a secret purpose of the party. Ashraf Ali himself did not go to Chittagong with me. After I delivered the message to him, Ashraf Ali actually sent ex-Havilder Lunger Ali to Chittagong, instead of going himself. Subedar Ashraf Ali did not work for the party after I delivered him the message. This message I delivered in September, 1966.
As far as I remember, I entered my name in the Register of Hotel Hanafia in September, 1966. Only once I went to the Smugglers Depot. I told Std. Mujibur Rahman about this. When I went there I was accompanied by Masudur Rahman of the Navy. Masudur Rahman contacted one person there while I was with him.
Record of Proceedings, Agartala Conspiracy Case • 413
I was not told about the things that were proposed to be smuggled from India. I was not aware whether any members of this movement were staying in Dacca Cantonment in November/ December, 1966. I did not know that during this time Sergeant Shamsul Huq, Sergeant Fazlul Huq, Captain Alim and Captain Najmul Huda were staying in the Dacca Cantonment. I contacted two persons who were living in Dacca Cantonment in December, 1966 to collect the names of G.O.Cs. and N.C.Os. living there. I cannot give their names as I do not remember their names.
I did not know whether Lutful Huq was a member of this organisation. I think that going to India for the assistance of arms and ammunitions was a dangerous thing and should have been kept as a secret.
I entered my name in the Register in Fleet Club, Chittagong when I stayed there.
It was towards the last part of September, 1966 that Std. Mujibur Rahman met and requested me to meet Lt. Commander Moazzem Hossain. Apart from Std. Mujibur Rahman and Lt. Commander Moazzem Hossain I knew only Resaldar Shamsul Huqe to be associated with this organisation, in Chittagong.
It was proposed to me that I should have a shop in the border area in Darsana. I was also told that I would be paid remuneration but the amount of the remuneration was not mentioned to me. This was said to me in the month of March/April, 1967 in the house of Dr. Khaleque at Dhanmondi. I did not state to the Police that I was offered a sum of Rs. 250/- per month for the establishment of the shop (so recorded).
I went to Chittagong twice but Std. Mujibur Rahman did not accompany me on both occasions. On both the Occasions I went to Lt. Commander Moazzem Hossain’s house at Chittagong and Std. Mujibur Rahman accompanied me. The Second time that I met Lt. Commander Moazzem Hossain in his house at Chittagong was in October, 1966. I did not state to the Police that I went to meet Lt. Commander Moazzem Hossain for the second time in Chittagong in September, 1966 (so recorded). I reached Dacca from Karachi on the 16th or 17th of August,
414 . Record of Proceedings, Agartala Conspiracy Case
1966. I came by ship. I left Chittagong, after one day, for Dacca. I went back to Chittagong again towards the end of August.
I stayed in the Hanafia Hotel for 4-7 days. It was in September, 1966.
I have no relative in Dacca. (The witness was handed over the hotel register of Hanafia Hotel and was asked about the entry relating to his stay in the Hotel in September, 66. (The witness after scrutinising the relevant entries in the month of September stated, “I find no entry relating to my stay in this hotel in September, 1966). This Hotel is situated near Fulbaria Railway Station, Dacca on the Station Road. I was given a letter of discharge at the time of my release from Navy. Accused Dr. Khurshid was my physician when I was in the Navy. It is not correct to say that the discharge certificate shows that I was discharged in medical grounds. I find this Service Book, Ext. DG/1 to be my service book. I find the entry at page 70 marked Ext. DG/2 to the effect that I was boarded out from the service on medical grounds. Dr. Khurshid himself had told me that I was boarded out from the service on medical grounds. Dr. Khurshid told me that I would be boarded out from the service on medical grounds.
TO MR. MD. ISMAIL:
I do not know any leading seaman by the name of M.A. Quddus serving in P.N.S. Tughril from 1963 May to 1965. I did not meet him in the Fleet Club, Chittagong. I was not taken to any Magistrate for recording my statement during the period from 9.12.67 to 11. 5. 68. I met Lt. Sharif during this period. I met him on several occasions. Lt. Sharif suggested to me to make a statement to the Magistrate during this period. I agreed to do that. I was not however, taken to the Magistrate in the period from 9.12. 67 to 1.5.68.
Record of Proceedings, Agartala Conspiracy Case • 415
SPECIAL TRIBUNAL
RECORD OF PROCEEDINGS.
18.10.1968.
PRESENT :
Mr. Justice S.A. Rahman, H.Pk.,Chairman.
Mr. Justice M.R. Khan, S.Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member.
For the prosecution: As before.
For the defence: As before.
Accused present: As before.
Witness on oath: As before.
Mr. Abdus Salam Khan has pointed out that at page 523 correction has to be made. In the 7th line from the bottom, the words ‘on Leave’ should be replaced by the word ‘Kohat’. The correction has been made.
CROSS- EXAMINATION OF P.W. 10, MOHAMMAD GHOLAM AHMED continued.
TO MR. MD. ISMAIL.
I know Able Seaman M.A.Quddus who was serving in P.N.S. Tughril from 1960. I do not know till when he served then in that ship. I did not meet him in the Fleet Club at Chittagong. The house in
Maghbazar was rented from 1st December, 1967. I do not know if Subedar Jalaluddin was dismissed on a charge of smuggling.
TO MR. ATAUR RAHMAN KHAN.
Ghulam Kibria is my elder brother. He used to serve in Calcutta Tramway Corporation. He now resides in his home village. He never joined the defence services of Pakistan. No secret of the organisation was disclosed to me at any time. It was in the month of July that I went to 13, Green Square. I cannot give the date, but it was in the middle of July. I did not know Lutful Huda before I met him at 13, Green Square. Similarly, I met Ali Reza for the first time in 13, Green Square. It was 3/4 days after I had gone to 13, Green Square that I met Ali Reza. I had asked Std. Mujibur Rahman who the new arrival was and he told me that it was Ali Reza. I had no talk with Ali Reza. It is wrong to say that I never saw Ali Reza and Cpt. Khurshiduddin at 13, Green Square. I was kept in detention for some time in a bungalow in the Dacca cantonment. I also once saw Asraf Ali, J.U. Ahmed and Lungar Ali coming out of a room in that bungalow. I did not see Lutful Huda there. That bungalow was in the cantonment bazar I was kept for 2/3 days in that bungalow. I do not know how long the others stayed there. I had seen the others only on coming out of a room three rooms away from mine. I saw only the guards in the remaining rooms. I cannot remember now from which month I started living in the bungalow.
My working hours were from 8-30 a.m. to 4-30 p.m. Sometimes I worked overtime up to 11 or 11-30 p.m. For 3/4 months I continued doing overtime work every day. I worked in that office from December, 1966 to October, 1967. I started doing overtime work regularly every day after about one month of the starting of my service.
TO MR. ZULMAT ALI KHAN.
The day I arrived in Dacca I went straight to my home village. I stayed in my home village for about a week. I then came back to Dacca. On that occasion, I stayed in Dacca for 6/7 days. I stayed at the ‘Psyche’. After that, I again went back home. This time I stayed 6/7 days in my
418 • Record of Proceedings, Agartala Conspiracy Case
village. I came back to Dacca and then left for Chittagong. I think I stayed only one day in Dacca before living for Chittagong. I do not remember if I stated to the police that I met Amir Hossain who was Joint Secretary of the Faridpur Association (not so recorded). As far as I remember, I stated to the police that it was Std. Mujibur Rahman who took me to the Association house and that is how I met Amir Hossain (not recorded). I did state to the police that under the advice of Lt. Moazzem Hossain I went to meet Mr. Rameez in connection with my employment (not recorded). I did mention Mr. Rameez in my statement to the police (not recorded). As far as I remember, I did state to the police that I was paid my conveyance expenses for working under Std. Mujibur Rahman for collecting information and delivering messages (not mentioned). I did not see Amir Hossain, approver, living in the barrack in which I am being kept these days. I have been living in this barrack now for more than a month. I have not seen Major Hasan living there in the place where I am detained. Major Naser lives there. I meet him practically every day.
TO MR. S.M. NURUL ALAM:
It is correct that Std. Mujibur Rahman comes from village Ghatmajhi which 3/4 miles from my village Jafarabad. It is wrong to say that I was dismissed by the Pilot Industries for misconduct. I myself resigned. I did so because I got suitable employment in Dacca. It is not correct to say that I was never a member of this conspiracy as alleged. It is wrong that police tutored me to make the statement that I have made in this court.
TO MR. ABDUL MALEK:
I did not know Lt. Sharif before I was arrested in this case. I visited the naval base at Chittagong. I did not see Lt. Sharif there and I do not know whether he was permanent Security Officer at the naval base at Chittagong
It is not correct to say that I never saw Ris. Shamsul Huq or that he was not a member of the conspiracy. I saw once Ris. Shamsul Huq at 13, Green Square, Dacca. I lived in 13, Green Square for more than a month.
Record of Proceedings, Agartala Conspiracy Case • 419
It was in the month of July or August that I saw Ris. Shamsul Huq at that place in the evening time. It is incorrect to say that I have implicated Ris. Shamsul Huq at the instance of the Investigating Officer in this case. It is not correct that I was shown his photograph by the Investigating staff and that is why I identified him in this Court. So far as I remember, I stated to the police that I had shifted to a house at Maghbazar area (not recorded). It is wrong to suggest that I never stayed at 13, Green Square. I do not know any Sub. Shamsul Huq who might have been in the 4th Bengal Regiment and posted at Joydebpur. It is not correct to suggest that Sub. Shamsul Haque is not identical with Ris. Shamsul Haque, accused. I knew him as Sub. Shamsul Haque. Ashraf Ali khan was a member of this conspiracy.
No other Counsel wished to put any cross-examination question.
Chairman
Member.
Member.
Read over and Admitted to be correct.
420 • Record of Proceedings, Agartala Conspiracy Case
CORRECTION
21.10.68
The witness, Mohammad Gholam Ahmed, P.W. 10 has read over his statement to himself and now states as follows:
At page 534 in the third line instead of ‘Lungar Ali’, it should be ‘Lundar Ali ‘. The same correction is required in line 16 on the same page.
The rest of the statement is correctly recorded.
Chairman.
Member.
Member
Read over and Admitted to be correct.
Record of Proceedings, Agartala Conspiracy Case • 421
18.10.1968
DEPOSITION OF P.W.11 A.B.M. YOUSUF ON SOLEMN
AFFIRMATION
My name is A.B.M. Yousaf son, of Munshi Mohammad Ali aged 45 years, by faith Muslim, of village Mithakhali, P.S. Mathbaria Dist. Barisal.
(The witness says that he can understand English alright but he cannot express in English. Mr. Atiar Rahman, Asstt. Registrar of this Court has been asked to act as interpreter and he has taken on oath that he would translate faithfully and correctly whatever the witness might state in Bengali into English and interpret correctly into Bengali any question in English put by Counsel or the Court of the benefit of the witness).
I joined the Army in 1964 as a Nursing orderly. After Independence, I joined the Pakistan Army. After Independence, I served in Karachi Quetta, port Andaman, Daman and Silabad near Quetta of the Afghan border. I was working in the Hospital. I went away on pension from the Army service in 1962. After retirement I worked as a compounder in the Cantt. Board Dispensary in the Dacca Cantt. I received Rs. 150/- per mensem as pay. I was living in the village Hamalpur close to Villager. He is also my maternal uncle.
In February, 1966 A.B.M. Samad came to my house while I was working as Compounder in the Cantonment Dispensary in the Dacca Cantt. When Samad met me on one occasion he talked to me about the disparity existing between the two wings of Pakistan. He said also that
while 90% of the foreign exchange of Pakistan is earned by the jute export of East Pakistan, as against it only one-fourth of these earnings are spent in East Pakistan. He also talked of the disparity in the Armed services and in the Civil services, between East Pakistani and West Pakistanis. Samad then said we would separate East Pakistan from West Pakistan. Samad intimated to me that under the leadership of Lt. Moazzem Hossain all the servicemen and Ex-servicemen had united and he requested me to join the movement. I agreed to do so. I said I would be ready to make efforts to organise the movement. I know Mujibur Rahman, Clerk of the EPRTC. He also was my neighbour. I never had any talk with clerk Mujibur Rahman, (The witness correctly pointed out A.B.M. Samad in the dock).
I have seen A.B.M. Samad before February, 1966 as he was in the Army. I had seen clerk Mujibur Rahman from 1962. I had a talk with Subedar Ashraf Ali Khan also about this movement. This was in February, 1966, one or two days after I had a talk with A.B.M Samad.
About a week later I went with Subedar Ashraf Ali Khan to the house of A.B.M. Samad near the New Market, Dacca to see him. Ashraf Ali Khan and I met him just near the gate of the New Market and he took us to the Hotel Arzoo. There we met Ex-Corporal Amir Hossain. Amir Hossain discussed the disparity question with us and also informed us that they were bringing arms and ammunitions from India by the river. He told us that these arms and ammunitions would be required by the members of the organisation for separating East Pakistan from West
Pakistan.
(At this stage the witness broke down and started weeping then he continued voluntarily, “I do not know anything about this matter. On the 15th of December, 1967 I was arrested. On the 17th I was taken to the Rajarbagh Special Branch office, Up to now all that I have said is false” I have stated all these false things out of fear as I was threatened that if I do not say all these things I would be sent to jail. Some police officers threatened me whose names I do not know “. (At this stage the prosecution Counsel Mr. T. H. Khan craves leave to declare the witness
424 . Record of Proceedings, Agartala Conspiracy Case
hostile and looks permission to cross-examine the witness. The leave is granted and the prosecution is permitted to cross-examine the witness).
The witness volunteers further, I was assaulted and I want to narrate all these assaults. On the 17th December, I was taken to the Rajarbagh Interrogation Centre. At that time Lt. Sharif came to me and took out a diary book and read out some names from the diary book then I told him that I did not know anything about these names and why he was pressing me. Then he asked me whether I know Ex-Corporal Samad. I replied, “Yes, I know him. He works in the Petrol Pump and I know him”. Then he said,” Why did you say, you did not know?” Then he assaulted me with the ‘Danda’. He beat me with the ruler on my legs after making me lie down. Then he made me stand with my arms stretched. For 6 days and 6 nights, I was not allowed to sleep. After that, the ruler was thrust in my rectum. With my hand, I removed the ruler and snatched away a match box commit suicide with it. Then he asked me whether I knew Sheikh Mujibur Rahman, Ahmad Fazlur Rahman, CSP., Ruhul Quddus, CSP., Shamsur Rahman, CSP., Lt. Moazzem Hossain, Manik Chowdhury and then I replied that I did not know any of them and I had never seen them. There after another person came, whose name I do not know. Then he asked me ” who are the C.S.P. Officers involved in the movement?”
(At this stage, Mr. Abdus Salam Khan stated for information of the Court that the witness Md. Ghulam Ahmed who is sitting in the Court is weeping. Witness Ghulam Ahmed was asked to stand up and questioned as to whether he was weeping. At this, he replied, “I am not weeping”. The witness continued to state as follows “I used to go to the bath-room by holding shoulders of some police officers.
On the 17th day, a medical officer came and prescribed Terramycin tablet, Novalgin Tablet and Correx syrup and directed the other persons not to disturb me in the future and to allow me to sleep. After that, I was allowed to sleep for 3 days and I was allowed to drink milk. Then DSP Mr. Yasin asked me whether I wanted to go home. I replied that if a baby-taxi is hired for me then I shall be able to go home. Then I was required to sign a six-paged statement and I was told that I shall be
Record of Proceedings, Agartala Conspiracy Case • 425
allowed to go home the next day after my articles are brought back from the jail. On the following 28th, I was taken to jail. On the 28th I was served with an order under the Defence of Pakistan Rules for detention for 6 months. That order is not with me. I have deposited that order in the office in No. 16 F.F. Lines where I am detained now. Then on the 28th, after receiving that order, I sent a letter to my wife from the jail, in which I intimated that I wanted to contact Janab Ataur Rahman Khan, Advocate so that I could secure my release. I did not get any reply to this as such I sent a letter to the Home Secretary, Govt. of East Pakistan, On the 18th January, there after, I was brought in the F. F Lines and there I was kept in 16 F. F. lines. I was detained there in a room. The windows and the ventilators of that room were all closed and I requested that the ventilators should be opened as I was feeling suffocated but the ventilators were not opened. On the following morning, I requested them to take me to the bath-room at which they replied that I will not be permitted to go to the bath-room just then. When my turn will come I will be allowed to be taken to the bath-room. After one hour when my turn came, I was tied in my hands and was made to run for about half a mile to go to the bath-room while coming back from the bath-room I was also made to run. One week after this, Major Naser visited me and I complained to him that all the windows and ventilators were being kept closed I felt suffocation. At this Major Naser ordered the windows to be opened and one of the windows was opened then. I also complained to Major Naser that I had no change of clothes. I said it is difficult for me to live with one set of cloths and at this Major Naser said to me that I should write down a list of my clothes and then give it to him for bringing them. My clothes were given to me after one month and 10 days thereafter. My other sets of clothes were brought from home thereafter. Thereafter on the 15th of February, a police officer met me there. Then he took my hand-writing on a paper both in English and Bengali and showed me the statement which was taken in the S.B. Office. I told him that this statement was extorted from me after assaulting me and I did not know anything about it. Then he told me “I shall see and try to save you”.
426 • Record of Proceedings, Agartala Conspiracy Case
On the 23rd of May, I was brought in this premise before an A.D.M. The A.D.M. asks me whether I was involved in the Agartala Conspiracy Case. To this, I replied, “I do not know what is meant by Agartala Conspiracy Case”. Then the A.D.M. asked me whether I was involved in the movement of the Ex-Army Personnel. At this, I replied, “yes, I am involved”. By ex-Army movement, I meant that as I was brought amongst the ex-Army people, so I said that I was involved in an ex-Army movement. Then the A.D.M. asked me to sign a form, which I did. I do not know the contents of the form. It was a small typed form. After that, I was taken back to the F.F Lines. Thereafter on the 14th of October last, I was taken to the Div. Mess. There I was asked to narrate the statement which was given to me, that statement has been taken back from me. This I was told to do by an officer but I do not know who he was and what his rank was. (All these statements were volunteered by the witness)
CROSS-EXAMINATION BY THE PROSECUTION COUNSEL WITH
THE PERMISSION OF THE COURT.
TO MR. T.H. KHAN:
I do not know the police station, of the Lt. Com. Moazzem Hossain but I know that he hails from Barisal district. A.B.M. Samad comes from the same police station as me. Samad is my maternal-uncle as he is the brother-in-law of my uncle. I do not know Flight sergeant Md. Fazlul Huq. I do not know Havildar Azizul Huq. I do not know Khandkar Najmul Huda. I know Tajul Islam. I do not know the police station he comes from. I know the police station Bhandaria but I have never gone there. It is not a fact that clerk Mujibur Rahman of EPRTC briefed me about the conspiracy. It is not a fact that I never met Samad along with clerk Mujibur Rahman of EPRTC at the gate New Market. There was in fact, no such meeting. I do not know Arzoo Hotel nor have I ever gone there. Samad did not pay me Rs. 40/- and I did not go to him so the question of money does not arise. Samad did not ask me to work whole
Record of Proceedings, Agartala Conspiracy Case • 427
heartedly and sincerely for the organisation after giving me money. I did not submit any list of new recruiters of this organisation to Samad. It is not correct to say that I was assigned the work of recruiting members for our organisation from Kurmitola and Joydebpur. Nobody asked me to do that. Nor did I do it. I did not contact nor did I recruit Tajul Islam for this organisation. I did not attend any meeting in March, 1966 which was held in Mohakhali, at the invitation of Samad. I do not know Lt. Moazzem Hossain, I only know Samad I had not taken any leave at about that time. You can verify this from my office. I did not attend any such meeting. Lt. Moazzem Hossain did not show me any map nor any diary. I do not know of any meeting that took place in Farm-Gate, Dacca, in October, 1966. Nor did I attend it. It is not a fact that I was a member of a conspiracy along with A.B.M. SAMAD Havilder Clerk Mujibur Rahman, Amir Hossain Mia, Ex-Subedar A.K.M. Tajul Islam, Sgt. Shamsul Huq, Nayeb-Subedar Ashraf Ali Khan, Lt. Com. Moazzem Hossain, Std. Mujibur Rahman, L.S. Sultanuddin Ahmed, Ex-Subedar Abdur Razzak, A.B. Khurshid and Risaldar Shamsul Huq. I know English but I cannot express myself in English. It is wrong to say that I know English and can express myself in English. But I am pretending not to be able to express myself in English. It is not correct to say that I am deposing falsely now in order to help my relative Samad and Tajul Islam and benefit my ex-associates. It is wrong to say that the story of torture is false of which I have told to day.
TO MR. ABDUS SALAM KHAN:
I was taken to the Jail on the 15th December, 1967. (No other counsel wishes to put any question.)
DEPOSITION OF P.W…………
428 • Record of Proceedings, Agartala Conspiracy Case
CORRECTION
21.10.68
The statement of P.W.11, A.B.M. Yousuf as recorded in this Court was interpreted to him in Bangali by Mr. Atiur Rahman, Interpreter. He states as follows:
At page 541, at line 6 in the second paragraph, instead of ‘Hamalpur it should be ‘Dhamalkot’. At page 543, in the 3rd line from the bottom, he states that the date, instead of “28th”, should be “27th”. The rest of the statement is correctly recorded.
Chairman
Member
Member
Read over and Admitted to be correct.
Record of Proceedings, Agartala Conspiracy Case 429
18.10.1968.
DEPOSITION OF P.W. 12, Sergeant Mohammad Abdul Halim, S/o. Late Munshi Abdul Aziz,
Aged about 40, Village Soholpur,
P.O. Eliat Ganj, Dist. Comilla.
TO MR. T.H. KHAN:
I joined the Pakistan Air Force in 1950 as a recruit. I had my training at Kohat. After training, I was posted to Drigh Road, I, M.U. I was posted in Karachi probably in November, 1950. I was posted to Kohat in March, 1952 for further training. From there I came to Karachi again in 1956. From Karachi, in 1960 I was transferred to Peshawar. From there I was transferred to P.A.F. Dacca in February, 1966. While working in the P.A.F. in Dacca. I was residing in a hired quarter in Malibagh. I was a corporal at that time. Ex-Flt. Sgt. Razzak being an ex-service man used to visit the P.A.F. frequently and in that connection, I met him. I met him for the first time probably in March, ’66. Very often he used to speak about the disparity between East Pakistan and the step-motherly attitude of the West Pakistanis towards East Pakistan. At that time Ex-Flt. Sgt. Razzak was running a shop in Awalad Hossain Market. It was a medicine shop. In this connection, I did not meet anybody else excepting Ex-Flt. Sgt. Razzak. I know warrant officer Zakir Ahmed. He was also serving in the P.A.F., Dacca at the same time. When I was employed there though in a different section, I took Warrant Officer, Zakir Ahmed once and introduced him to Ex-Flt. Sgt. Razzak. This was in October, 1967. After that Ex-Flt. Sgt.
Razzak took is to a house at Manipuripara. That house in Manipuripara will be about two furlongs away from the shop of Razzak. On the way to the house in Manipuripara we met Flt. Sgt. Fazlul Huq and Sgt. Shamsuddin and we all together went to that house. In this meeting Ex-Flt. Sgt. Razzak explained to us the method of separating East Pakistan from West Pakistan and also talked about the disparity. Ex-Flt. Sgt. Razzak continued with his speech and said that the problem of food, clothing and education could not be solved for East Pakistan without getting Independence from West Pakistan. He named one San. Ldr. Choudhury and stated that he undertook the responsibility of securing the independence of East Pakistan from West Pakistan. After that, we dispersed. (The witness correctly pointed out Ex-Flt. Sgt. Razzak and Sgt. Fazlul Huq in the dock.)
That house in Manipuri Para belongs to a relation of Ex-Flt. Sgt. Razzak. I visited the house of Ex-Flt. Sgt. Razzak. This house is also located in the same area. The house of Razzak will be about 700 or 800 yards away from the house in which we held the meeting.
After this, there was another meeting in the house of Ex-San. Ldr. Choudhury, probably in November. 1967. I attended that meeting. ExtFlt, Sgt. Razzak telephoned me in my office and asked me to attend that meeting along with warrant officer Zakir Ahmed. Warrant officer Zakir Ahmed was about to retire and Ex-Sqn. Ldr. Choudhury had promised to provide him with a job. Razzak also informed me about the date and time of this meeting. The date I have forgotten now but the time was fixed after sun-set I went there along with warrant officer Zakir Ahmed when we went there we found Ex-San. Ldr. Chowdhury, Ex-Flt. Sgt. Razzak, Flt. Sgt. Fazlul Huq and Corporal Jamaluddin Ahmed already there. ExSqn. Ldr. Choudhury was in a hurry and straight away started discussion about the disparity and separation of East Pakistan from West Pakistan. He also stated that it was luckily that India was going to help our cause. He did not, however, say how India was going to help us. We all agreed with his views and promised to make the movement a success. Thereafter we dispersed.
432 . Record of Proceedings, Agartala Conspiracy Case
I was arrested in connection with this case in January, 1968; probably on 22nd January, 1968. I was tendered pardon which I accepted.
CROSS-EXAMINATION:
TO MR. ABDUS SALAM KHAN:
At present, I am staying in the P.A.F. Camp, Tejgaon. I am detained in that Camp. The P.A.F. Camp may be about three miles away from the southern limit of Kurmitola Cantonment. I cannot say who else amongst the accused persons and the witness resides in that camp. I have been residing there since the first week of May, 1968. Even before the meeting at Manipuripara, I agreed to join this organisation and that was in the course of may talk with Ex-Flt. Sgt. Razzak. This was probably in JuneJuly, 1967. I do not remember the place where this agreement was arrived at. I made a statement before the police in May, 1968. I do not remember if I stated to the police that I agreed to join the movement in my talk with Razzak even before the meeting in Manipuri Para (not recorded). I stayed in the meeting which took place in Manipuri Para until the conclusion of it. After the meeting, we all dispersed, together. I do not remember if I stated to the police in connection with the meeting in Manipuri Para that “I felt the atmosphere was suffocating and detrimental to the national interest and accordingly I along with Warrant Officer, Zakir Ahmed thought. It prudent to leave the place and we did so “(so recorded). I do not remember if I stated to the police that while Razzak met me he spoke about the disparity and step motherly attitude of West Pakistanis towards East Pakistanis (not recorded).
When I received a telephone call from Razzak about the meeting in Ex-Sqn. Ldr. Choudhury’s house I was in my office in the P.A.F. I have no separate telephone of my own. The telephone is with my officer. My officer at that time was San. Ldr. Aftabuddin Ahmed. I went to his room and received the call. I received the telephone call between 10 or 12 in the day. This was during office hours. The meeting actually took place on the same day or on the following day. I cannot remember that exactly. I did not know squadron Leader Choudhury from before Ex-Flight sergeant Razzak told me the location of the house of Ex
Record of Proceedings, Agartala Conspiracy Case • 433
Squardon Leader Choudhury. This information he gave me in the same telephone talk wherein he informed me about the meeting. I did not take down the address. The house lies on the main road.
All the persons that attended the meeting at Manipuri Para house also attended there except sergeant Shamsuddin. The new information we received in the meeting in the house of ex-Squadron Leader Chowdhury was about the Indian assistance to our movement. Indian was considered to be an enemy country at that time. I stayed in the meeting till the meeting dispersed. This meeting continued for about half an hour. Apart from ex-Squadron leader Chowdhury, nobody else spoke in the meeting. I supported everything that was said there. I do not remember whether I stated to the Police that we did not listen to his entire speech and on considering to stay there no more we left the meeting pretending that we had to report on duty at P.A.F. Station (so recorded). After that, I did not work for the movement due to my domestic trouble and tired to avoid them. After this, I was transferred to Karachi and I was busy in arrangement, for settling my family in my village home. There was also some land dispute over my property. I did not do anything about the conspiracy of this movement. I do not remember if I stated to the police that due to my domestic trouble I avoided meeting these persons afterwards (not so recorded). I do not remember if I stated to the police “thereafter I made sure to avoid meeting with the above mentioned persons (so recorded).
I do not remember if I stated to the police that I agreed to join the conspiracy and the movement (not so recorded). It is not correct to say that I have been tutored to say that I agreed to join this movement after the evidence of Jamaluddin in this Court.
434 . Record of Proceedings, Agartala Conspiracy Case
SPECIAL TRIBUNAL
RECORD OF PROCEEDINGS
.
…1968.
PRESENT:
Mr. Justice S. A. Rahman, H.PK., Chairman
Mr. Justice M.R. Khan, S.Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member.
For the prosecution … As before.
For the Defence … ‘ As before.
Accused present As before. excepting
Sk. Mujibur Rahman.
Mr. Sk. Mujibur Rahman accused was not present in the dock today, as he has been taken by the Military authorities to see his ailing mother. He is, however, represented before us by Mr. Zahiruddin, Advocate.
witness on oath .. As before.
CROSS-EXAMINATION OF P.W.12, SGT. MOHAMMAD ABDUL HALIM Continues.
TO MR. ATAUR RAHMAN KHAN:
THE witness was asked what he understood by the term ‘exploitation’. He says “it means to take things from one place to another”. I do not understand the word ‘alien’. I do not remember if I stated to the police that “he mentioned the name of one Ex-Sqn. Ldt. Chowdhury who had undertaken to relieve East Pakistan from alien
exploitation “(so recorded). I understand the word “indoctrination’ means injurious. It is not something, however, which require medical treatment. What I mean is that ‘indoctrination’ is something injurious to the state.
TO KHAN BAHADUR ISMAIL:
After arrest, I was first taken by a security Officer to an officer in the Dacca city. Next day I was transferred to army custody in the Dacca Cantonment. After one and half months staying in the Dacca Cantt. I was sent to Karachi where I stayed at No. 2 provost and Security Unit. I was not examined by the police during this period of one and half month’s stay in the Dacca Cantt. I was in Dacca Cantt. in February, 1968. I do not know Lt. Sharif. Many welfare Officers used to come and visit us while I was detained in the Dacca Cantt. I did not tell any of these officers that I wanted to make a statement to a Magistrate nor did any of these officers ask me if I wanted to make a statement to a Magistrate. It was in the first week of May, 1968 that I returned from Karachi. After that, I was kept in the P.A.F. custody in the P.A.F. Camp, Tejgaon. I was examined by any police officer during my stay at Karachi. Nor was I examined by a Magistrate while I was there. It was a police Inspector, who examined me on the 11th May, 1968 but I do not know his name. That was the first time that a police officer examined me in this case. Nobody asked me whether I wanted pardon in this case. I had mentioned the subject myself to Warrant Officer, Osmani, who brought it to the notice of Major Naser and later the latter took me to the Magistrate who granted me pardon. I had talked to Warrant Officer, Osmani 10/15 days before I was taken to the Magistrate.
TO MR. MOLLA JALALUDDIN:
I took Zaker Ahmed from near P.A.F. Guard Room in order to take him to Razzak’s shop. This was just before sunset. We reached the shop of Razzak in 10 or 15 minutes. We had gone by bus. The house in which we had the meeting with Razzak was a pucca building. I cannot say how many rooms were there in that house. We did not meet the owner of the house there.
It was Razzak himself who told us that the house belonged to a relative of his. I do not actually know whether Razzak has no relative living in that area. It is wrong to say that I did not attend any meeting there or that no such meeting was held. I cannot give the date of the
Record of Proceedings, Agartala Conspiracy Case • 437
meeting held in Ex-San. Ldr. Chowdhury’s house. The time was after sunset, it is wrong to say that no meeting was held at Ex-San. Ldr. Chowdhury’s house or that I did not attend that meeting.
TO MR. JULMAT ALI KHAN:
I know what ‘prudent’ means. It means ‘wise’. I do not know whether the Inspector who examined me was a Bengali Speaking gentleman or not. I did not try to find out anything about it. I had not gone to Razzak’s shop before picking up Zaker Ahmed. I had gone to the house of Razzak on an earlier date but I cannot remember how many days earlier. It was probably in September, 1967 that I did so but I cannot remember the day of the week on which I went there. I had never been to the house of the relative of Razzak, Where the meeting was held earlier. Razzak had told me that a meeting would be held in the house of his relative. I had stated to the Police that on the way to the place of the meeting in Manipuripara, we met Flt. Sgt. Fazlul Huq and sergeant Shamsuddin (not so recorded). I did tell the Police that Razzaque used to talk to me very often about the disparity between East and West Pakistan and the step-motherly attitude of West Pakistan towards East Pakistan (not recorded). It was in the month of March, 1966 that I hired a house at Malibagh. I live there up to the end of December, 1967. I never took Razzaque to that house during that period. I do not know whether I stated to the police that I was living in a hired quarter in Malibagh (not recorded).
After the meeting at San. Leader Chowdhury’s house was over, we all left together.
No other Counsel wishes to put any cross-examination questions.
Chairman.
Member
Member
438 . Record of Proceedings, Agartala Conspiracy Case
CORRECTION
22.10.1968.
P.W. 12, Abdul Halim having read over his statement to himself now states as follows:
At page 547, at 3rd line from the top, instead of “1, M.U. “it should be “101, M.U.”.
The rest of the statement is correctly recorded.
Chairman
Member
Member
Record of Proceedings, Agartala Conspiracy Case 439
SPECIAL TRIBUNAL
RECORD OF PROCEEDINGS.
22.10.1968.
PRESENT:
Mr. Justice S.A Rahman, H. PK., Chairman.
Mr. Justice M.R. Khan, S.Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member.
For the Prosecution: As before.
For the Defence: As before.
Accused: As before.
DEPOSITION OF.P.W.13, WARRANT OFFICER, MOSHARRAF
HOSSAIN SHEIKH, ON SOLEMN AFFIRMATION
My name is Mosharraf Hossain Sheikh, son of Sheikh Jalaluddin Ahmed aged 28 years, by faith Muslim of village East Nijra, P.S. Boultali, District Faridpur.
I joined the Pakistan Air Force in the year 1959 as a Flt. Sgt. I had my training in the P.A.F., Kohat. I remained posted to Kohat after completion of my training. From there I was transferred to P.A.F., MALIR cantt. sometime in 1962. At the beginning of 1964, I was posted to P.A.F., Korangi Creek. I had instructional duties as Flt. Sgt. While I was there. Where serving there I met Flt. Sgt. Mafizullah, Flt. Sgt. Fazlul Huq, Sgt. Shamsuddin and Mr. Sultanuddin Ahmed and some others I do not recall now. I had first met Flt. Sgt. Mafizullah while I was in Kohat, Probably in 1962 or 1963. I was residing in Korangi Creek area while I
was serving in P.A.F., Korangi Creek. I was living in the quarter which had been allotted to Flt. Sgt. Mafizullah, His family was not there, and I was allowed to live there. He himself was not living with me. (The witness correctly pointed out Flt. Sgt. Mafizullah, Accused, in the dock).
While I was living in that quarter, Flt. Sgt. Fazlul Huq, Sgt. Shamsuddin and Sultanuddin visited me there. Mafizullah also used to come occasionally to visit me. Sometime in December, 1964, Flt. Sgt. Mafizullah, Sgt. Shamsuddin, Flt. Sgt. Fazlul Huq, Mr. Sultanuddin and one or two others whom I cannot remember now, came to my quarter. They had talked about the miseries of East Pakistan and about the “cessation” of East Pakistan by which I mean separation of East Pakistan from the Centre; they said that East Pakistan was to be separated by an armed revolution. They also said that there was a movement for that purpose under the leadership of a Naval Officer. They did not name him. I did not participate or give my opinion in that discussion. After that, we dispersed. (The witness correctly pointed out Flt. Sgt. Fazlul Huq, accused in the dock. He was also asked to point out Sultanuddin in the dock but he said, ‘I am unable to do so’)
In the middle of the year 1965, the Rann of Kutch2o trouble started. When the war with India started in September, 1965, we all scattered and did not meet together thereafter.
In November, 1966, I shifted my residence to Jacob Lines at Karachi city.
In July-August, 1966, I went to the quarter to Flt. Sgt. Mafizullah in Abyssinia Lines at the instances of S.A.C. Mahfuzul Bari. I found there, Corporal Sirajul Islam, Corporal Jamaluddin and one, Mr. Noor Mohammad, and some others whom I cannot recollect. Corporal Jamaluddin discussed the problems of the movement. He was playing an
important part in the discussion in which I was not interested and on the · plea of illness I left the meeting. Thereafter I never met Flt. Sgt.
Mafizullah in that connection. (The witness correctly pointed out S.A.C. Mahfuzul Bari, accused in the dock. The witness was then asked to point out Noor Mohammad from the dock if he could, and he scrutinised the accused and said, ‘I cannot identify him’).
Nothing ever happened in the Jacob Lines house which I occupied. I remember that again in November, 1966, I was allotted a quarter in the
442 • Record of Proceedings, Agartala Conspiracy Case
Korangi Creek area to which I shifted. Sometime in August, 1967 while I was living in Korangi Creek, Sgt. Zahurul Huq and Sgt. Shamsul Huq came to me at my house and tried to induce me to co-operate with them in their movement, for the separation of East Pakistan from the Centre. They told me about the progress of the movement. I was not very much interested in the topic and I told them to vacate my house immediately. (The witness correctly pointed out Sgt. Zahurul Huq, accused in the dock. He also said, when asked to identify Sgt. Shamsul Huq from the dock if he was there, ‘I do not find him here’).
I did not disclose these talks to any officer being afraid of all these persons.
CROSS-EXAMINATION:
TO KHAN BAHADUR NAZIRUDDIN AHMED:
I could not judge whether these persons would be committing a serious crime or not. I took their talk to be almost loose talk. I do not know if such loose talk was very common among East Pakistani.
TO MR. ZAHIRUDDIN AHMED:
I was never arrested in connection with this case. I am still in service. I am stationed at P.A.F., Korangi Creek. I received a summons to appear in this court. I got this summons three or four months back. It just said that I had to appear as a witness in this Court but it did not specify any date of appearance. I came to Dacca about three weeks ago on attachment for temporary duty in Dacca. Roughly two weeks back I received a notice that I had to appear before this Court sometime in the third week of this month. I received that notice through the Air Force, but I do not know who brought it.
The distance between Abyssinia Lines and Jacob Lines may be between three and four miles.
It was some time in the morning between 8 and 9 a.m. that I left my house for Abyssinia Lines. I was in that meeting roughly for half an hour. When I left, the meeting was still going on. I was interrogated by a police officer in May, 1968. It was only once that the police came and took my statement. I was examined by the police in Dacca. It was during
Record of Proceedings, Agartala Conspiracy Case • 443
by temporary duty at Dacca again, that I was examined. It was about a month or so earlier then my statement that I came to my duty in Dacca. I stayed on that occasion in P.A.F. Camp, Tejgaon. I was doing some education duty at that time. I used to do the duty during regular office hours on those days. I do not know whether the assignment of this duty would be in P.A.F. records in Dacca or not. Before I was examined by the police in Dacca, no one had questioned me at Karachi about this matter. I did not make any statement before a Provost of the Air Force, on the 4th February, 1968, or any other day, when I was at Karachi. No other officer of the Air Force also questioned me there. The meeting held in 1964 at Mofizullah’s quarter in Korangi Creek, lasted for about an hour. We all dispersed after that. It was in the last part of December, 1966 on the first part of January, 1967, that I vacated the house in Korangi Creek and shifted to Jacob Lines. (when confronted with the police statement reading, “however realising the danger and getting scared of the reactionary ideas I soon vacated the quarter of Flt. Sgt. Mofizullah and shifted to a house in Jacob Lines “, the witness says, I made a mistake when I stated a moment ago that I shifted in Jacob Lines in the last part of December, 1966 or the first part of January, 1967. Actually, I had shifted either at the end of December, 1964 or at the beginning of January, 1965. We had taken oral permission of the Officer Commanding Administrative wing for me to occupy the quarter allotted to Mofizullah. Mofizullah was at that time staying in Sgt. Mess. He was also having his food in Sgt. Mess. Mofizullah never stayed with me in that house in korangi Creek. I was staying in that house with my wife and children. There were other officers also living in the vicinity of that quarter and they had their families with them. The ladies and children of those quarters used to visit one another. Sergeants Mess was about quarter of a mile from the house which I was occupying No ladies or children live in sergeants’ Mess, but they occasionally visit there. I do not remember exactly when Mafizullah’s familly arrived in Karachi. I do not know of any official enquiry made with regard to the quarter allotted to Mafizullah being occupied by me nor do I know if any pressure was being put on Mafizullah on that account. It is not correct to say that Mafizullah gave out to his officer that I had occupied his quarter without authority from him. It is not correct that ultimately he turned me out of
444 . Record of Proceedings, Agartala Conspiracy Case
that quarter. Even after shifting from Mafizulla’s quarter I had visited him either in sergeants Mess or in his house in Abyssinia Lines. I cannot give the number of the house in which Flt. Sgt. Mafizullah was living in Abyssinia Lines, I do not know when Mafizullah shifter from Korangi Creek to Abyssinia Lines. As I remember, Mafizullah was posted from Korangi Creek to Drigh Road, but at that time I did not know where he was residing. I had however, met him in the officer in Drigh Road many times during office hours. Drigh Road would be about 8 miles from Korangi Creek. It may be that the distance is not less than 15/16 miles. It may be wrong in my estimate. My office hours, while I was at Korangi Creek were 7 A.M. to 2 P.M. The college at which I worked was at Korangi Creek itself.
I cannot remember the date on which the meeting in 1964 was held in Korangi Creek. That meeting in 1964 also took place in the morning in Mafizullah’s quarter which I occupied. The meeting started at about 9 A.M. SAC Bari had come personally to call on Flt. Sgt. Mafizullah and we then went and attended the meeting at Abyssinia Lines. No one had given me prior information about this meeting. S.A.C. Bari had come to my place that day in the morning at about 7 a.m. We then together left for Abyssinia Lines. I had come away from Abyssinia Lines before the meeting ended and I do not know how long it lasted. It was most probably a Sunday and I came away for rest at my residence.’ I read news papers and I have been reading news about this case in them. I know that Shamsuddin has been a witness in this case. I am acquainted with Sgt. Shamsuddin. I saw him for the first time in that meeting in 1964. It might be Fazlul Huq or Mafizulla who told me that this man was Shamsuddin, in that meeting. Two persons, namely, Jamaluddin and Serajul Islam had spoken in the meeting in Abyssinia Lines before I came away. I do not remember, however, whether Serajul Islam was the first speaker or not. I cannot appreciate which of these two persons was more important in that meeting. I do not remember if Noor Mohammad also spoke while I was there. We were occupying chairs in that meeting. I do not exactly remember, but as far as I remember there was no table between us. I do not remember who was speaking when I left the meeting. I cannot recollect for how long Jamaluddin had been speaking when I left or how long Serajul Islam
Record of Proceedings, Agartala Conspiracy Case 445
spoke. I did mention it to the police that Serajul Islam also addressed that meeting (not recorded). I did tell the police that while Jamaluddin was speaking I came away from there.
I know of the disparity question before attending the meeting in 1964.
It is wrong to say that I did not see Sultannuddin in any of these meetings, or that I did not see Noor Mohammad in any of the meetings. It is wrong to suggest that there was no meeting either in the Korangi Creek or in the Abyssinia Lines as I have stated. It is incorrect to say that I have been tutored by the Investigating staff to name Sultanuddin and Noor Mohammad in this connection. I do not know whether Sultanuddin was on official duty under training from November, 1964 to January was 1965 at Resalpur.
TO MR. ATAUR RAHMAN KHAN:
I become a Warrant officer in January, 1966. Above a Warrant Officer is the Master Warrant Officer that is a junior commissioned post. Above him, there is a Pilot officer and them a Flt. Officer, Pilot Officer is a regular commissioned officer. Warrant Officer is a junior commissioner officer. One after another, everybody in the meeting of 1964, discussed the question of separation of East Pakistan from West Pakistan, Most probably I did not specifically mention to the Police in my statement that Flight Sergeant Md. Fazlul Huq also took part in that discussion. I might have mentioned that Sgt. Shamsuddin took part in the discussion in my statement to the police (not recorded). I think I was the senior-most person present in that meeting. I might have said something about social friendliness and nothing about the movement. I did not react to what they were saying and I did not give any indication of my approval or disapproval to them. Sgt. Mafizullah was alone in the quarter of the Sergeant Mess. I might have been going once or twice in a month to the sergeant Mess. I do not know whether anybody visited him at the time of my going to him there. When I went to him in the sergeant Mess I found some persons were talking to him Those persons were from amongst the residents of the sergeant Mess but I cannot remember their names. I did not see Sgt. Sultanuddin meeting him in that sergeant Mess. Nor do I remember that I ever saw Flight Sgt. Fazlul Huq going to the
446 • Record of Proceedings, Agartala Conspiracy Case
quarter of Mafizullah in the sergeant Mess. I cannot say how many months he stayed in the sergeant Mess before he brought his family. I just used to talk friendly and social talk with Mafizullah when I visited him. I did not talk about the service conditions. Sometime he greeted me with tea when I visited him. I would not be able to tell how many times Mafizullah came to see me in the Korangi Creek. I was not living in the Korangi Creek quarter when Mafizullah brought his family to Karachi. When I vacated his house Mafizullah occupied it. Whether alone or with his family I cannot remember. This might have happened on the same day that I left the house. Mafizullah used to come to me in Jacob Lines. When he brought his family, my family used to visit them and they also returned the visit. Flight Sgt. Fazlul Huq never visited my quarter. He was living in the Sergeant’s Mess. Most probably he was living side by side with Mafizullah in that Mess, I met Sgt. Fazlul Huq in that sergeants’ Mess when I used to visit Mafizullah.
It was roughly 2/3 weeks after the meeting of 1964 that I shifted from the Korangi Creek quarter. I thought that it was safer to shift from that house because of what had been said in that meeting. I was not told that they were holding a meeting again. I used to meet Sgt. Mafizullah quite often in the Accounts Section even after that meeting of 1964. I had no talk with him about the matters discussed in the meeting. I had told Mafizullah that I was not interested in that discussion and he should not discuss with me and he therefore never discussed it. S.A.C. Bari told me when he came to my quarter that he wanted to call Flight Sgt. Mafizullah and that is why he took me to his place. It was a Sunday and I just accompanied him. He did not talk to me about that discussion in the house of Mafizullah regarding the matter which I did not like.
I saw in the paper that some persons were arrested in that case. It was probably in December, 1967. I never apprehended my own arrest. I had not discussed this matter with anybody else before I was examined by the Police. I can not recollect exactly but it might be sometime in 1965 that I met Flight Sergeant Fazlul Huq for the last time. I do not remember if he was in Karachi in 1966. It is not correct to say that I was arrested and then I was released on pressure and torture being put on me to corroborate the approver’s case falsely. I had not to talk with Sgt.
Record of Proceedings, Agartala Conspiracy Case 447
Zahurul Huq and Sgt. Shamsul Huq about this matter of Separation, before they had talked at my house in Korangi Creek. I had met Sgt. Zahurul Huq in Kohat. I do not remember where I met Sgt. Shamsul Huq first. Before Sgt. Zahurul Huq came to my house in 1967, I met him in Korangi Creek, sometimes in the sergeants’ Mess and sometimes in the cinema hall. We did not go to the cinema hall together but I met him there when I went there. I do not think that I met Sgt. Shamsul Huq earlier than the meeting. Sgt. Zahurul Huq met me casually and he never talked about the disparity question or the separation of East Pakistan when he came to me.
I was engaged to be married in my student life but actually, I was not married. It is wrong to say that I was married during my student life and my father-in-law bore the expenses of my education and that I had a daughter from that wife.
I have forgotten the name of the girl to whom I was engaged in my childhood. Her father’s name was Rukanuddin. He is from Gopalganj. At the time I might have been 7/8 years of age. Subsequently, I married in 1964. My first wife filed a case for maintenance against me in 1964, but I did not recognise her as my wife. I had a child from her which I call as an accident. (On being asked, as to how you call that as “accident”, the witness started that” I would not be able to explain”.) The maintenance case was filed both for the child as well as the mother. On receiving summons of that case I sent a divorce letter through P.A.F. authority to the S.D.O.
It is not correct to say that in that case, maintenance was awarded by the S.D.O. It is also not correct to say that I had to pay an amount of money for the settlement of that matter. I would not be able to recollect the name of the child or its mother. I can recall it if I see the notice.
As far as I remember I saw that girl for the last time in 1957. The time when the case for maintenance was filed, the child would be about 8/9 years. Then says that the child would be possibly at that time of 5/6 years. It was a daughter. (After taking sometime the witness answered that the name of the child is Nargis). I saw that child for the last time in 1957. That I did in the residence of her mother. (On being repeatedly asked the name of the witness’s first wife, the witness stated that I need time to recollect. After some pause the witness stated that her name is
448 • Record of Proceedings, Agartala Conspiracy Case
Hafiza). When I went to see my daughter for the last time I did not remember whether I took some presents in the shape of fruits or clothes. When I went there to see her I did not stay in the house of Hafiza. I came back on the same day. I never paid any maintenance to Hafiza, but so far as the daughter is concerned, I know my father is paying something. I hope my father is still paying for her maintenance. I do not know who celebrated the ‘Aqiqa’ of my daughter. It is not correct to say that I gave my daughter, the name Nargis; I do not know whether my father recognises Hafiza as my wife. I do not know whether he visits the house of Hafiza. Hafiza never came to my house. The accident resulting in the birth of this baby took place in the house of Hafiza. At that time I was staying for a day in the house of Hafiza. I did not lie when I said that I did not marry Hafiza.
Kanika is the name of my second wife. Before my marriage with Kanika, I discussed the fact about my having a daughter from Hafiza with my proposed wife as well as with my in-laws.
I was given a lift to this Court premises by P.A.F. transport today. Some senior non-commissioned officer informed me that I will be required to depose today.
TO MR. BADRUL HAIDER CHOUDHURY
I knew Sgt. Zahurul Huq since 1960. While in Kohat, he never discussed with me anything relating to this matter. I was not particularly happy when Sgt. Zahurul Huq and another visited me in my quarter in August, 1967. My reaction was just normal. As far as I remember I did not offer them any tea. There was nobody present when Sgt. Zahurul Huq came to me. It is incorrect to say that I am deposing falsely to implicate Sgt. Zahrul Huq.
TO MR MD. FAZLUL KARIM
I had not met Sgt. Shamsul Huq after August, 67. It is not correct to say that I never met Sgt. Shamsul Huq in August, 67. They treated me afterwards as if I was not one of them. I did state to the Police that subsequently they completely boycotted me and dubbed me as black sheep.
Record of Proceedings, Agartala Conspiracy Case .449
TO MR. ZULMAT ALI KHAN
If I am on duty I should be in uniform while appearing in this Court. I do not think, I am on duty and as such, I failed to come in my uniform. The office time in P.A.F., Tejgaon extends from 7 O’clock in the morning to 2 O’clock in the afternoon. I did not report to day in the morning for duty. I had sent information through somebody that I was proceeding to this Court to give evidence. This was sent through Warrant Officer Mahmood. I did not obtain a release order from my office for coming here to depose in this case.
I know Corporal Abdul Hye. He is an acquaintance and not a friend of mine. I do not know whether Corporal Abdul Hye was arrested in this case, amongst the arrested persons I also saw the name of Flt. Sgt. Fazlul Huq. He is a friend of mine.
The quarter which I was occupying in December, 1964 where the meeting took place, had actually three rooms. The meeting took place in the drawing room. The drawing room was facing the road. The road is located in a domestic area and as such there was not much traffic on that. I would not be able to say in which part of December, 1964 the meeting. All that Flt. Sgt. Mafizullah told me that he would be entertaining some guests on Sunday. Flt. Sgt. Mafizulla told me about this about two/three days prior to the meeting. He did actually entertained the guests with tea.
I do not know whether any Airmen has been arrested in connection with this case from Korangi Creek. It is not correct to say that I am not coming from my office and I am coming from the custody of the investigating agency and as such, I am not putting on my uniform. It is also not correct to say that as I am in that custody, I am deposing falsely in this case.
(No other Counsel has any question to put in cross-examination).
Chairman.
Member
Member
450 • Record of Proceedings, Agartala Conspiracy Case
CORRECTION
23.10.1968.
Warrant Officer Sheikh Mossaraf Hossain, P.W. 13 has read his statement to himself and now states as follows;
At page 560, in the last but one paragraph, in the 3rd line for the words ‘Flt. Officer’ the words ‘Flt. Lt.’ should be substituted.
****
At page 562, in the 5th line of the 2nd paragraph, the word’ Flt.’ should be inserted before the word’ Sgt.’.
**** At page 561, in the 14th line from the top, instead of the word “Sgt.’ it should be “Mr.’
The rest of the statement is correctly recorded.
Chairman
Member
Member
Record of Proceedings, Agartala Conspiracy Case • 451
22.10.1968.
DEPOSITION OF P.W. 14. LT. COM. SHAHIDUL HUQ
ON SOLEMN AFFIRMATION
My name is Shahidul Huq, son of Dr. Khurshid Alam, aged 37 years, by faith Muslim, of village Bitghor, P.S. Nabinagar, District Comilla, at present residing at Road No. 5, Dhanmondi Residential Area, Dacca.
I joined the Pakistan Navy in 1956 as a Volunteer Reserve Officer and was kept under active service up to June, 1960, I had my initial training in PNS’ HIMALAYA’ for two months, in 1956. Thereafter I was posted to a Mine Sweeper, PNS! Dacca!. I served in the PNS ‘DACCA’ up to February, 1958. I was appointed as Civil Mail Officer in March or April, 1958 and posted at Karachi. After that, I was posted in the PNS ‘Zulfiquar’ in 1958. Before that, I was posted in the Reserve ship PNS ‘JHELUM’.
I was reverted back in the civil life with effect from 1st June, 1960. In August, 1960 I was appointed Security-cum-Administrative Officer in the Siddhirganj Power Station under EP WAPDA. I served as Securitycum-Administrative Office till December, 1961. Then I was appointed Administrative Officer under the Directorate of Stores and Movement, EP WAPDA. I was then posted in Dacca. I continued in that capacity. The post was designated as Deputy Director, Administration. Sometime in August, 1965 or the first part of September, 1965 I was appointed Deputy Director, stores and movement, EP WAPDA under the same Directorate.
I was called for Annual Refreshers training to be undergone in PNS ‘MUKTA’ in Karachi from 6th of September 1965. I arrived at Karachi
Record of Proceedings, Agartala Conspiracy Case • 453
on the evening of the 5th September, 1965 and reported to my ship PNS ‘MUKTA’, the next morning. In the meantime, war broke out with India. I was in PNS ‘MUKTA’ during the war. In the first part of October, 1965, I was transferred to East Pakistan and posted to Khulna under Extended Defence Officer of a Launch. Probably towards the later part of October or early part of November 1965, I was transferred to the Naval Base at Chittagong.
At the Naval Base, I used to be detailed as Officer of the day in the Coastal Defence Battery at Patenga. I remember Able Seaman Khurshid as he was posted there also during my time. While at the Naval Base, Std. Mujibur Rahman, A.B. Khurshid and L.S. Sultanuddin came in tough with me. During our discussion they talked about the disparity between East and West Pakistan and also stated that the resources of East Pakistan were being exploited for the benefit of West Pakistan.
I used to stay in the Naval Officers Mess in those days. In January, 1966 my family joined me and at that time I was putting up at the EP WAPDA Rest House, Chittagong, Jamal Khan Road area, One day in the evening A.B. Khurshid and Std. Mujibur Rahman came down to my Rest House sometime in January, 1966 and started discussing the same topic of disparity, and exploitation. I do not exactly remember what other things they discussed but a feeling of discontentment was among them. After sometime I sent my family back to Dacca and started living in the Naval Base officers Mess.
Std. Mujibur Rahman was also in the Naval Base Mess. As a Steward, he had access to me and he used to come to me off and on and talked about this exploitation and disparity. Sometime in February, 1966, I went to Hotel Miska and was taking a cup of tea the when Std. Mujibur Rahman and A.B. Khurshid came up and requested me to meet one of their leaders. I agreed and went along with them to one of the rooms in Hotel Miska and I was introduced to Mr. Amir Hossain Mia by one of them. There they discussed and stated that they had formed a party. I do not exactly remember whether it was stated by Amir Hossain Mia or Std. Mujibur Rahman. This party was under the leadership of Lt. Com. Moazzem Hossain of the Pakistan Navy. Their aim as stated to me was to
454 • Record of Proceedings, Agartala Conspiracy Case
organise an armed revolt and get East Pakistan independent from West Pakistan. In this context, they said that they had the backing of political leaders like Sk. Mujibur Rahman and others and also some business magnates. They had also discussed that India would supply them with arms and ammunitions for this proposed revolution. They also mentioned the name of one Capt. Nuruzzaman that he was allready working for them and requested me also to join them but I declined. (The witness correctly identified Std. Mujibur Rahman, A. B. Khurshid and Sultanuddin Ahmed, accused in the dock).
I was released from active service some time in March, 1966 and joined my assignment in EP WAPDA, Dacca. A. B. Khurshid and Std. Mujibur Rahman came to my office in Dacca in March, 1966 and requested me to join their organisation, but I declined. At this time I was residing in House No. 295, Road No. 25, Dhanmondi Residential Area, Dacca. In April, 1966 on an Eid day, Std. Mujibur Rahman, A. B. Khurshid and may be, Sultanuddin also, came to my house and requested me to work for their party. I again declined that request.
As far as I remember, may be in May, 1966, Std. Mujibur Rahman came to my house with Lt. Com. Moazzem Hossain. They started the same sort of topic and wanted me to join their party but I declined. (The witness correctly identified Lt. Com. Moazzem Hossain, accused in the dock).
It may be in July, 1966 when Std. Mujibur Rahman came to my office and he requested me to help him in providing a Motor Launch to smuggle in some arms and ammunitions through Sundarban area. I became infuriated and got him out of my room and that probably was the last meeting which I had with any of them. I did not attach any importance to this sort of topic and as such, I did not report it to any authority. I considered it to be sheer madness.
Record of Proceedings, Agartala Conspiracy Case • 455
CROSS-EXAMINATION:
TO MR. NAZIRUDDIN AHMED:
Declined.
To Mr……………… PW14 (partial) documents missing ………… normally for a period of 7 days at a stretch. As far as I remember, I was for a maximum period of 4 days at a time at the coastal Battery. Whenever I met A. B. Khurshid casually, then this kind of talk used to come up. I do not remember to have said anything in reply to this talk. As far as I remember, I went on listening and did not give any opinion of my own. I did not give my attention to it though it was the talk by persons removed from me in the 7th grade as it was taken by me as a discontented son speaking to the father.
My visit to Hotel MISKA was a casual one. I occasionally went to that hotel for a cup of tea. It was usually in the evening. The hotel MISKA will be about 5 to 6 miles away from the Officers Mess in the Naval Base. I used to take tea at the first floor of the building. The dining hall is quite big. There were quite a few people taking tea in that dining hall, when we talked. I cannot give the exact location of the rooms in the Hotel MISKA. The stair-case is located to the west of the building. The dining room is overlooking the road. I do not know whether Able Sea man Khurshid and Std. Mujibur Rahman met me accidentally, in that dining room or they came purposely to see me.
456 • Record of Proceedings, Agartala Conspiracy Case
SPECIAL TRIBUNAL
RECORD OF PROCEEDINGS.
23.10.1968
PRESENT:
Mr. Justice S.A. Rahman, H.Pk., Chairman.
Mr. Justice M.R. Khan, S.Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member.
For the prosecution: As before.
For the Defence: As before.
Accused present: As before.
Witness on oath: As before
CROSS-EXAMINATION OF P.W. 14, LT. COM. SHAHIDUL
HUQ CONTINUES.
TO MR. ZAHIRUDDIN:
I do not remember if I stated to the Police that I had gone casually to take tea at Hotel MISKA when A.B. Khurshid and Std. Mujibur Rahman accidentally met me there. (Not recorded). I went alone to the Hotel at that time. I do not remember if I had stated to the Police that one day early in February, 1966, A. B. Khurshid and Std. Mujibur Rahman met me and requested to meet one of their leaders who had arrived from Karachi and was staying at Hotel MISKA and then I agreed to be introduced to him (so recorded). Even after hearing at that hotel for the
armed revolution they proposed to get arms and ammunitions from India, I did not consider it to be a serious matter as I did not believe that story. I knew Sultanuddin earlier than this meeting at hotel MISKA. I do not think that I stated to the Police that when I went to hotel MISKA they introduced me to Amir Hossain Mia and L.S. Sultanuddin (so recorded). I never tried to influence anyone to join this organisation. I never tried to indoctrinate anyone. I never met Captain Nuruzzaman and the question or my indoctrinating him cannot arise. I did not discuss what I had at hotel MISKA with anyone of my colleagues in the Naval Base. The whole talk did not bother me because I never though of it. I do not know how long A.B. Khurshid was in service and when he was discharged.
A Steward’s duties include, among other things, to attend on officers in their Cabin. They are supposed to be 3 hours duty on working days they get every fourth day off. It may be that they go on duty at 9 A.M. one day and get off duty at 9 A.M. the next day, in abnormal circumstances. But this could not be so in normal circumstances. Again said, in the case of Stewards, however, this is correct that they go on duty at 8 A.M. one day and they get off next day at 10 A.M. Stewards going off shore have to put down their names in the Register. Ratings wanting to go off shore have also to enter their names in what is called the liberty Register. The officer of the day is to inspect any subordinate up to Leading Sea Man before he leaves off-shore. Their identity cards are also checked at that time.
It does not mean that when I was released in March, 1966 the Emergency had ended. There was no order to my Knowledge that by the 9th February, 1966 the emergency period for the services was to be regarded as over. I only know that we were released after the Tashkent Declaration. I have no knowledge whether any single was given to us that the war emergency was over, prior to our release, even during the emergency period the Ratings were allowed off-shore leave. Even persons with no families used to get such off-shore leave. No Able Sea Man or Leading Sea Man could leave his Establishment on off-shore leave, for 2/3 days at a stretch, without taking formal leave, as distinguished from permission to go off-shore, even in those days, the
Record of Proceedings, Agartala Conspiracy Case • 459
Officers were allowed to go away after office hours, except those put on duty. If they wanted to go away for 2/3 days at a stretch, they could go on leave granted to them.
I did not ask them as to what he was the leader when they told me that there leader had come to hotel MISKA. I did not enquire about his rank and status in life before meeting him. Nor did I ask about his name prior to being taken to him. I went with them to see the person, they described as their leader without thinking of the after effect of such a visit. My assessment of Mia Amir Hossain was that he was as good as the others who had invited me to meet him. Amir Hossain Mia did not ask me to join the movement.
I never met Khurshid after he had been discharged from service. I have no knowledge that he started salvage business after his discharge from the service. I might have met Khurshid once or twice in Karachi prior to my emergency duty in Patanga, Chittagong.
I do not exactly remember but I think that my family joined me at Chittagong in January, 1966. They left in the later part of January. I cannot give the exact days on which Khurshid and Std. Mujib came and saw me at the WAPDA Rest House. On this occasion too they discussed the old things again and I listened. I made no comments whatsoever.
None had talked about this matter in the officers’ Mess to me at Chittagong. Again said except for Std. Mujibur Rahman nobody else talked to me in the Officers Mess and he used to come to my room there and sometimes talked about the movement. Despite these frequent talks, I did not consider it necessary to report it to my superior officer.
There may be a counter and a telephone in the dining hall at the hotel MISKA. The hotel MISKA is a multistoried building but I have no idea of the number of stories. I do not remember the number of the room in which I was taken to meet Amir Hossain Mia.
I cannot remember on which floor I was taken for that purpose, but it was not the dining room. It was above the dining room.
It is wrong to say that Lt. Com. Moazzem Hossain was never in Dacca in the month of January, 1966. He was there. I cannot remember the date on which he along with Std. Mujibur Rahman visited me. Nor
460 . Record of Proceedings, Agartala Conspiracy Case
can I give the day of the week. I would not be able to say in which part of the month it was.
In April, 1966, Std. Mujibur Rahman, L.S. Sultanuddin and A.B. Khurshid had come and met me. I cannot say which part of the month it was, but it was on Eid day.
As far as I remember, it was in 1963 when I was receiving refresher training in P.N.S. Jahangir that I had occasion to meet for the first time, Lt. Com Moazzem Hossain who was then working in P.N.S. Alamgir. There after till 1966, I did not meet him. I was a Lieutenant when I first met Lt. Com. Moazzem Hossain. He was also a lieutenant teen. I had met him for the first time in October or November, 1963.
It is not correct to say that A.B. Khurshid did not come to Dacca in April, 1966. The same is my answer with regard to Std. Mujibur Rahman and Sultanuddin. It is not correct to say that I did not meet Std. Mujibur Rahman and Lt. Com. Moazzem Hossain in May, 1966 in Dacca. The suggestion is not correct that I have implicated these persons falsely due to pressure from the Investigating Officer.
TO MR. ATAUR RAHMAN KHAN:
It was in the later part of October or the first part of November, 1965. That I was posted to Chittagong after recall to duty. Std. Mujibur Rahman used to come to my room in the Officers Mess and talked only about the disparity and exploitation of the resources of East Pakistan. While talking about the disparity, they did not give at any time the details which they had in mind. I was not satisfied with the leadership of Amir Hossain Mia. I was only told by them that the leadership of the party vested in Lt. Com. Moazzem Hossain. I knew Sk. Mujibur Rahman, accused, from before; the leadership I understood was to be of a movement of Ex-servicemen to stage an armed revolt for separation of East Pakistan from the Centre. I did not think of offering myself as a leader of such a movement. I do not remember having heard anything from Amir Hossain Mia as an alternative to the armed revolution. I might have said to the police that Amir Hossain Mia explained that they were organising a militant group by enlisting the Ex-servicemen to stage a
Record of Proceedings, Agartala Conspiracy Case • 461
coup in July or August, 1966, in case their demands were not fulfilled by constitutional means (so recorded). Constitutional means, as I understand, are these methods which pertain to legal political forces. They had mentioned at Hotel Miska that the revolutionary step might be taken in the rainy season of July or August, 1966. On the last occasion that Std. Mujibur Rahman came to my office in 1966, I had told him just to get out of my office. I had done so because he had been pressing me to provide him with a motor lunch to smuggle in arms and ammunitions from India through Sundarbans. I did not think about taking it seriously. I did not think at that time these activities were nefarious in Character. I do not remember if I stated to the police that I was aware of the nefarious activities of the said group (so recorded).
I was never arrested in connection with this case. I was not questioned about this case before 15.4.1968. I was examined on that date in my office. The police came there without any intimation to me and examined me. I never anticipated a visit from the police in this connection. Before I was examined by the police, I had seen reports in the papers about the arrests made in connection with this case. I did not have any written note with me on which I based my statement to the police. I went on narrating the facts and the police officer went on recording my statement. I did not keep any memorandum of these meetings with me. It might have taken one hour to make my statement to the police.
TO KHAN BAHADUR MR. ISMAIL:
The police did not ask me to explain why I did not report these matters to the authorities.
TO MR. M. M. GHOLAM HAFIZ:
I am Manager, Movement & Storage in the East Pakistan Agricultural Development Corporation now. My basic pay is Rs. 1,400/per mensem plus allowances. I joined the East Pakistan Agricultural Development Corporation in March, 1968, in the same capacity. I left the job in EP Wapda and joined here. I was drawing Rs. 950/- per mensem
462 . Record of Proceedings, Agartala Conspiracy Case
as basic pay plus allowances in EP Wapda when I left it. I do not remember who it was, out of the persons present in the meeting at Hotel MISKA, who told me that Capt. Nuruzzaman was already working for them. It is not correct to say that I was threatened to be made accused in this case and therefore made to depose in this case. It is not correct to say that I did not go to MISKA Hotel in February. 1966 and did not meet the persons I have mentioned here. It is not correct that I have falsely implicated Capt. Nuruzzaman at the instance of the Investigation officer.
TO MR. ABDULLAH:
It is not correct to suggest that as I am in service, pressure has been put on me to depose in this case with the threat that my service would otherwise be terminated. It is not correct to say that I did not report these matters to the authorities because the things did not happen as I described them. (No other Counsel wishes to put any cross-examination question).
TO COURT:
Even when Lt. Com. Moazzem Hossain came to me along with Std. Mujibur Rahman to talk about these matters, I considered the former officer insignificant in this context and therefore, did not report the matter to the authorities.
Chairman.
Member
Member
Record of Proceedings, Agartala Conspiracy Case 463
CORRECTION
24.10.1968.
P.W. 14., Shahidul Huq has read over his statement to himself and now states as follows:
At page 567, in the first paragraph in the 3rd line, instead of “June 1960” it should be corrected to “May, 1961”.
In the 2nd paragraph, in the 2nd line on the same page, instead of ‘August’, 1960′ it should be corrected to August, 1961′.
In the next paragraph, in the 2nd line, instead of ‘Mukti’ it should be ‘Mukhtar’, and similarly in the 4th line, instead. The same mistake occurs again in the 6th line from the bottom of this page.
The rest of the statement is correctly recorded.
Chairman.
Member
Member
464 . Record of Proceedings, Agartala Conspiracy Case
Deposition of P.W.15 Abu Shams Lutful Huda S/O Mvi. Shamsul Huda aged 26 of village Hotoria, P.S. Goshairhat, Dist. Faridpur.
The witness is on S. A.
I am a businessman and contractor from 1962. I know Mr. Rameez, District Manager, P.I.A. Chittagong. I met him for the first time while I was taking my meal in Khyam Restaurant, Chittagong. I was carrying on business at Chittagong. Then I developed a friendship with him and I also used to see him at his residence for my business. He was living in Panchlaish. I used to see Lft. Commander Moazzem Hossain, Mr. K.M.S. Shamsur Rahman, C.S.P., Std. Mujibur Rahman, A.B. Mohammad Khurshid and Anwar Hossain of the P.I.A. coming to the residence of Mr. Rameez occasionally. In November or December, 1966, I saw Lft. Commander Moazzem Hossain, Std. Mujibur Rahman, A.B.M. Khurshid conferring with Mr. Rameez at the latter’s residence. I was never allowed to sit with them because I was too young at that time. I did not know at that time what they were discussing. (The witness correctly pointed out in the dock std. Mujibur Rahman. The witness was also asked to point out, if he could, Mr. K.M.S. Rahman and A.B.M. Khurshid. He said, I am unable to identify them).
In September, 1966 I visited Dacca in connection with my business. I was then staying in Dacca in the flt of Mr. Rameez in the Mohammadpur area. I stayed there for about 5/6 days. One day I saw Capt. Mutalib, Lt. Com. Moazzem Hossain, Mr. K.M.S. Rahman, Mr. Rameez, Capt. Alam, Capt. Alim and Capt. Huda assembled there. They were sitting together. I was just introduced to them but not allowed to sit with them. I was asked by Mr. Rameez to bring something to eat for them. I brought some pastry and cakes from some shop in the bazar, but I cannot remember the
shop now. I purchased these things from a nearby bazar. No one told me about the discussion that took place among them there. I cannot point out Capt. Alam in the dock as I saw him only once, just for a while. Nor can I identify Capt. Mutalib. (The witness said this after going near the accused in the dock).
In November or December, 1966, I was told by Mr. Rameez to start a business in Dacca for the benefit of the revolutionary organisation. He told me in this context that they were trying to make East Pakistan an independent state. I shifted to Dacca in March, 1967. I was accommodated in Mr Rameez as Mohammadpur flat. In a day or two, there was another meeting at that flat in which Capt. Muttalib, Lt. Commander Moazzem Hossain, Std. Mujibur Rahman and Mr. Rameez were present. I cannot remember who else was present. Mr. Rameez called me in that meeting when the question of providing funds for the business was being discussed. It was decided then that a substantial amount of money would be placed at the disposal of Mr. Rameez and under my authority, Guidance, and supervision the business would be started. The next day Mr. Rameez sent Std. Mujibur Rahman to Lt. Moazzem Hossain where he was in Dhanmondi in those days to get the money., Std. Mujibur Rahman brought Rs. 25,000/- and gave it to Mr. Rameez. On the following day, Mr. Rameez paid Rs. 5,000/- out of this money to Std. Mujibur Rahman for giving it to me and I deposited the amount in my account in the National Bank of Pakistan, 12, Jinnah Avenue. It was also decided in that meeting that a house will be hired to accommodate me and other workers of the party. (The witness was handed over two documents by the learned Counsel for the prosecution and asked to say what they were). He says-one is the counterfoil of the ‘paying in slip’ of Rs. 5,000/- which I paid into the Bank and the other is the Banker’s receipt of that amount in the Savings Account. The writings and the signatures in these two documents are mine. (These documents are marked Ext. P.W. 15/1 and P. W. 15/2). They relate to the same transition.
In accordance with the decision taken at that meeting, 13, Green Square was hired for the party in my name. I myself went and got the house. (A document was handed over to the witness by the learned counsel for the prosecution and he was asked agreement what it was).
Record of Proceedings, Agartala Conspiracy Case • 467
The witness says “this is a lire deed agreement with regard to 13, Green Square in my name. The document is signed at the end by me. The document is marked Ext. P.W. 15/3. This document is also signed by the Std, Mujibur Rahman at the end. I know his signature though he did not sign in my presence. This document was in my name, but a few months later at the instance of Lt. Moazzam Hossain, the name of Std. Mujibur Rahman was substituted for me in this document in my presence. My initials are there on the correction made at that time. I cannot remember who actually cut out my name and put in the name of Std. Mujibur Rahman. This document was not taken possession of by the police in my presence. I see my signature on the seizure list of this deed of an agreement as a witness. Reading this document I now remember that the agreement was seized by the police in my presence. (The seizure list is marked Ext. P.W. 15/4). This document was seized by the Police from the possession of A. K. Fazlul Huq, brother of the Landlord. 13, Green Square was occupied by us, namely, Daliluddin, Samad, Std. Mujibur Rahman, J. U. Ahmed and myself. I saw Risaldar Shamsul Huq, L.S. Sultanuddin, Capt. Muttalib, Lt. Comd. Moazzem Hossain and Anwar Hossain of the PIA also visiting that house from time to time. (The witness correctly pointed out in the dock accused Havildar Daliluddin and A.B. Samad. The witness was asked whether he could point out Risaldar Shamsul Huq). He said, “I saw him only one and as such, I cannot identify him”.
In June, 1967, there was a meeting at 13, Green Square and Lt. Moazzem Hossain, Daliluddin, Samad, Risaldar Shamsul Huq, Std. Mujibur Rahman, Anwar Hossain of the PIA and M.M. Rameez of the PIA attended that meeting. It lasted for about an hour, but I was not allowed to attend that meeting (The witness was asked to say whether he could recollect other persons attending that meeting). He says, J.U. Ahmed attended that meeting along with Sultanuddin. Rameez requested me to remain outside and watch if any stranger was coming to that place.
I know how to drive a car. In March, 1967 I had occasion to go to Faridpur by car with Std. Mujibur Rahman to see Mr. Siddiqur Rahman, Deputy Commissioner of Faridpur. A letter was given on that occasion
468 . Record of Proceedings, Agartala Conspiracy Case
by Mr. K.M.S. Rahman to Std. Mujibur Rahman. As far as I remember, the letter was in a cover which had no address on it and I read that letter.
TO MR. T. H. KHAN
I took that letter with me when I went to Faridpur along with Std. Mujibur Rahman. Std. Mujibur Rahman showed me that letter. Std. Mujibur Rahman gave that letter to Mr. Siddiqur Rahman, Deputy Commissioner, Faridpur in my presence. I did not know what happened to that letter after it was delivered to Mr. Siddiqur Rahman, Deputy Commissioner, Faridpur. Std. Mujibur Rahman obtained a photostat copy of that latter from Art Photography Studio in Motijheel Commercial Area and I was present when this was done, before we went to Faridpur. I do not know anything about whether the photostat copy was kept by Std. Mujibur Rahman with him or not. At time, of interrogation by the police, I was questioned about this letter. After examining me, the police asked me to produce the negative of the Photostat copy to that letter. I went to that studio and obtained the negative on payment of Rs. 5/- and then I handed over the negative to the police. Then a seizure list was prepared for that negative. The negative now shown to me was of the Photostat copy that I handed over to the Police. (This is marked as Ext. P.W.15/5). This seizure list bears my signature. (This seizure list is marked as Ext. P. W. 15/6).
The rent of 13 Green Square was paid by me out of Rs. 5,000/which I received from Std. Mujibur Rahman who received it from Rameez. (Witness was handed over 2 documents by Counsel). (This is the cheque issued by me in favour of Std. Mujibur Rahman. (This is marked as Ext. P.W. 15/7). This is the counterfoil of the cheque that I have spoken of. (This is marked as Ext. P.W. 15/8). The cheque and the counterfoil are in my hand-writing and they relate to the same transaction. The cheque was signed by me. In that letter which was handed over to Mr. Siddiqur Rahman, Deputy Commissioner, Faridpur, it was written that Std. Mujibur Rahman had deserted from the Navy and he should not be arrested. This I know because I read that letter at that time. I do not remember whether anything else was written in that letter.
Record of Proceedings, Agartala Conspiracy Case. 469
(Note:- This will be accepted as evidence only when proved satisfactorily to the Court that the original letter is not available and is missing).
We went to Faridpur in a Hillman Imp Car No. EBI 9591. I knew that this car was purchased by Lt. Com. Moazzem Hossain. I drove this car while I went to Faridpur. This car was at the disposal of Std. Mujibur Rahman and Rameez requested me to take this car and go to Faridpur. This car used to be kept at 13, Green Square, I used to use this car something for my business purposes. This car was kept at the disposal of Std. Mujibur Rahman. He used to keep a driver and they used that car for their own purpose, I do not know the details of its use.
I stayed at 13, Green Square until September, 1967. In September, 1967 I thought that something dangerous was cooking in that house and on the pretext that I was going to marry. I pressed Std. Mujibur Rahman to vacate that house. It was vacated and my continued in possession alone in that house thereafter. On May, 1967, Std. Mujibur Rahman took me to Chittagong. On reaching there we stayed at my residence. Std. Mujibur Rahman brought Rs. 10,000/- and stated that he had brought that money from Manik Chowdhury and showed it to me. I did not meet anybody there. Std. Mujibur Rahman stated that this money was for their organisation. On the very next day, we came to Dacca by air. Std. Mujibur Rahman most probably deposited that amount in his account in the National Bank of Pakistan, Jinnah Avenue. Then said I do not know he actually did with that money. He did not deposit that money in my presence.
Once Ramez gave me a few PIA credit tickets for the family of Capt. Muttalib for going to Peshawar in May, 1967. In the month of May, 1967 one Ghulam Ahmed came to stay with me at 13, Green Square. I do not remember whether anybody else visited that house at that time. During my stay at 13, Green Square, one day I over-heard a discussion to the effect. That Rameez was detailed for commando Course and J.U. Ahmed was to recruit the EPR personal to the movement, and Samad was to induce Air-force people into the movement. I see here an account opening form in the name of Std. Mujibur Rahman who was introduced by me in the National Bank of Pakistan, Jinnah Avenue. (This is marked as Ext. P.W. 15/9). This
470 . Record of Proceedings, Agartala Conspiracy Case
bears my signature. On filing this form, an account was opened by Std. Mujibur Rahman and he deposited some money but I do not remember the exact amount he deposited at that time.
After Std. Mujibur Rahman vacated 13, Green square, I do not know whether any other house was hired by him or not Lt. Com. Moazzem Hossain used to ring one MOSKOWITCH car No. EBC 7976 at 13, Green Square. Rameez told me in May, 1967 that he was given Rs. 5000/- by the Revolutionary party for buying a car, and he bought a Fiat 1100 car. I have no idea as to how the MOSKOWITCH car was bought by Lt. Com. Moazzem Hossain.
CROSS-EXAMINATION:
TO MR. NAZIRUDDIN AHMED:
Mr. Rameez gave me a few petty contracts from the PIA. I was never staying in the house of Mr. Ramez. I obtained those contracts by submitting quotations. I never did any marketing for Mr. Rameez. I was not born a poor boy. My father was a Zamindar of Faridpur. Mr. Rameez was my well-wisher. It is not true to say that I am deposing falsely in this case at the instance and at the request of Mr. Rameez.
TO MR. ZAHIRUDDIN AHMED:
I had my own business before I came in contact with Mr. Rameez. I had an agency of a textile mill, an indenting business and an import licence, I had my own bank accounts even before I met Mr. Rameez. Those were in the National Bank of Pakistan, United Bank Ltd. and Australasia Bank Ltd. They have their branches in Chittagong also where I had my accounts. I did state to the Magistrate that in March, 1967 Mr. Rameez suggested to me that I should shift to Dacca and start a new business there with Std. Mujibur Rahman as a partner. (When asked to explain why he stated in this Court in examination-in-chief that Rameez requested him to do so in November-December, 1967, the witness said, “I might have stated that by mistake. It was actually in March, 1967 that Rameez requested me to do so”).
Record of Proceedings, Agartala Conspiracy Case. 471
I supplied furniture to Panchagarh Sugar Mills under the name of ‘CARE FURNITURE MART’ in April, 1967. It was supplied for an amount of Rs. 35,000/-. Without looking into my papers I cannot say on what date I supplied that furniture. This Furniture Mart‘CARE FURNITURE MART’ was started by me in April, 1967 on my coming to Dacca. The amount of Rs. 5,000/- which I took from MR. Rameez could not be actually utilised for business as I spent it for other purposes, Viz, house rent, purchasing of furniture, electric fans, etc. and food for the occupants of the house. In connection with my business I had to move to different districts for collecting contracts. Accused Samad and Std. Mujibur Rahman were not my partners and they did not move with me to various districts for collecting contracts or for other works of the business. I never sent them anywhere in connection with my business work. It is not true to say that I sent Samad to Panchagarh in connection with the supply of furniture. I submitted a tender for obtaining a contract for supplying chemicals and dyes to Chittaranjan Cotton Mills Ltd. but I did not succeed in obtaining that contract. Samad once went to Chittaranjan Cotton Mills Ltd. to enquire on my behalf about the rates of chemicals and other things. Std. Mujib had his own transport business and was running a truck, and he sometimes carried my goods and I paid him for that. I do not know whether Std. Mujibur Rahman used to carry out some small construction work also. It is not true to say that Std. Mujibur Rahman carried on the construction work for the garage of Mr. Rameez’s house. As a matter of fact, Mr. Rameez had no garage of his own.
I know that Mr. Rameez was allotted a plot of land in Mohammadpur Housing area. I do not know whether it was Block-B, Plot No. 22/8. I know that there was a boundary wall constructed on this plot. I do not know whether this was constructed by Std. Mujib.
I was the second party in relation to the documents Ext. P.W.15/3 but I did not sign it as a second party. Std. Mujibur Rahman signed as the second party in this document. My signature appears in this document as witness No. 1. Originally this document was prepared and kept with the house owner without any signature of any of the parties. After three/ four months the decision was made that the house would be taken in the name
472 . Record of Proceedings, Agartala Conspiracy Case
of Std. Mujibur Rahman and that was the time when the signatures were given for the first time. This agreement is not registered. The stamp paper on which the document was written was purchased on 4.5.67, as the endorsement on its beck shows. The document itself recites that the agreement was entered in to on the 4th of April, 1967. The document was prepared and kept with the land-lord in the second week of April. The tenancy was to start from the first of April, 1967. (After seeing the document) the witness says the document, however, recites that the tenancy was to start from the first of May, 1967. The correction made on page 1 of this document is not dated but it bears my initials. There is another initial but I cannot say whose initial is that. That may be of the landlord I do not know. These corrections were made two/three months after the contract was entered into. There is no date given under the signature of Std. Mujibur Rahman. The date was given under the signature of the landlord first party in 4.5.67.
I considered myself as the tenant of 13, Green Square under this document as it was initially sought to be prepared in my name. It was amicably settled that Std. Mujibur Rahman will quit and I will remain in the house. I did not enter into any fresh agreement with the landlord after Std. Mujibur Rahman left the house.
It was not merely a pretext about my marriage. There was in fact, a real proposal of my marriage in September, 1967 when I asked Std. Mujibur Rahman to vacate 13, Green Square. I was married on the 13th October, 1967. The Kabin-Nama was also made on the 13″ October, 1967.
I deposited that Rs. 5,000/- which I took from Std. Mujibur Rahman, after one or two days in the bank. The meeting in which the decision was taken for starting business took place in the 3rd or 4th week of March, 1967. I now see from the deposit slip Ext. P.W. 15/2 that a sum of rupees five thousand was in fact deposited in the National Bank of Pakistan on 17.4.67. The pay-in-slip counterpart Ext. P.W. 15/1 also bears the same date.
I went to Faridpur with Std. Mujibur Rahman towards the end of March, 1967. This was before the meeting in which the decision to start a business was taken. I cannot recollect how many days before the meeting
Record of Proceedings, Agartala Conspiracy Case .473
it was. I might have stated to the Magistrate that I went to Faridpur with Std. Mujibur Rahman to the Deputy Commissioner, after the meeting in which the decision to start a business was taken. The correct position, however, is that I went to Faridpur before this meeting took place.
The Hillman car was brought to Dacca in March, 1967. I do not remember if I stated to the police or to the Magistrate that this Hillman car was brought to Dacca in March, 1967 (not recorded). I did not have a driving license when I drove the car to Faridpur. In April of May 1967, I obtained driving license from the Dacca Collectorate. It is not correct that I never went with Std. Mujibur Rahman to the Deputy Commissioner, Faridpur. It is also not correct that I did not know driving a car at that time. I did not mention to the Magistrate that I had taken Std. Mujibur Rahman to Faridpur in a car. Nor did I mention it in my statement to the police. I was examined by the Magistrate on the 13th February, 1968. I do not know whether Rameez was examined by the same Magistrate on the same day. I was brought before the Magistrate at about 1 p.m. some police officers produced me before the Magistrate. I was brought from my house. Before that, I was interrogated 34 times by the police at my residence. I was never arrested in connection with this case. Each time I was interrogated the answers were noted down by the police. The answers, however, were not read over by the police to me. I was interrogated for the first time on the 10th December, 1967. That statement was also taken in my house. They recorded few points out of that. Next time I was interrogated about 15 days thereafter. This was also done by the police officers. The police officers were different this time. On the third occasion I was interrogated by a police officer, Mr. Ahsanullah, as far as I remember. This third interrogation was after a gap of about one week or ten days. I do not know the name of the police officer who finally examined me and recorded my statement. That statement was recorded on 21.1.68. This time the statement took about one hour. The police officer came to my house at about 3 p.m. There was no previous intimation of this visit by the police officer. It took about 15 hours for me to complete my statement before the Magistrate.
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SPECIAL TRIBUNAL
RECORD OF PROCEEDINGS.
24.10.1968.
PRESENT
Mr. Justice S.A. Rahman, H.Pk.,Chairman.
Mr. Justice M.R. Khan, S.Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member.
For the prosecution: As before.
For the Defence: As before.
Accused present: As before.
THE DEPOSITION OF P.W. 15, ABU SHAMS LUTFUL HUDA CONTINUED:
TO MR. ZAHIRUDDIN:
I appeared before the Magistrate in the Signals Mess in the Dacca Cantonment for making my statement. Some army official took me to the Magistrate. No date had been fixed in advance for my appearance before him. I had not seen this army official before. This official took me from my house in his Jeep. This Officer came to me at about 11 a.m. He did not tell me at my house where he was taking me, but after I had reached the Signals Mess, he told me that I was to appear before a Magistrate to make the statement. I found only the Magistrate in the room in the Signals mess. The Military Officer took me to the Magistrate who then questioned me and asked my name. While my statement was being
recorded by the Magistrate nobody else was there in the room. I do not remember if he put me on oath before recording my statement. I went on narrating and he began recording my statement. He did not put any question while I was narrating the facts. I gave my statement in English. I do not know what ‘S.N.T.’ stands for. By ‘A.M.C.’ understand ‘Army Medical Corps.’ I do not understand the term ‘Commando’.
The house at 13, Green Square had five rooms. My address at Chittagong is 109, Momin Road. Std. Mujibur Rahman was not living at that address with me at Chittagong. I do not think that was ever the address of Std. Mujibur Rahman. I find in the Rent Agreement Ext. P.W. 15/3 that the address of Std. Mujibur Rahman reads as 109, Momin Road, Rahmatgonj, and Chittagong. This was actually my address and it was not corrected when my name was replaced by Std. Mujibur Rahman in this document. I had occupied three rooms at 13, Green Square. I do not remember if I stated to the Police that in April, 1967 only two rooms at 13, Green Square were hired for the party (so recorded). I was paying the rent of the rooms, but no receipts were issued for it. The rent was Rs. 290/- per month. Sometimes I used to pay the rent by cheque and sometimes in cash. Some of the cheque books having counterfoils showing payment of rent were taken away by the Police. Some cheque books that I retained did not have any such counterfoil to show such payment. While being questioned the Police did not show me any counterfoil of the cheques for payment of rent to the landlord of this house.
Mr. Rameez had a flat in Mohammadpur area even when this 13, Green Square was rented. Sometimes Mr. Rameez’s wife used to stay in Dacca in that flat and one of his brothers also used to occupy it. I do not remember his name. This is as far as my knowledge extends, whenever I visited Dacca. It is absolutely wrong to say that I never stayed in 13, Green Square. It is not correct to say that I did not pay the rent of the house and, therefore, I cannot produce any receipt. It is not correct to say that the replacement of my name by that of Std. Mujibur Rahman of the first page of this rent-document was done at the instance of the Police during the investigation of this case. I might have said to the Magistrate
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as well as to the Police that the rent was drawn up in my name and later the name of Std. Mujibur Rahman was substituted for mine (not recorded in either statement). I purchased furniture for this house. The Police did not seize any receipts for the purchase of furniture nor did I produce one before them in this case. I did not pay by cheque, but I withdrew money by cheque from the bank and paid for the furniture in cash. It was second-hand furniture privately purchased. I drew the money from the bank on self cheque encashed it myself. After my negotiation for the purchase of the furniture, I withdrew the money from the bank and paid for it. I did not name the person from whom I bought the furniture, in my statement to the Police. The Police did not see that furniture. I did not point out that furniture to the Police.
I do not know when Lt. Moazzem Hossain had purchased the Hillman car or from whom or at what price. I do not know whether it was originally registered at Chittagong or Dacca. My knowledge that this car had been purchased by Lt. Moazzem Hossain was based only on the information given to me by Std. Mujibur Rahman. I did state to the Magistrate that actually Std. Moazzem Hossain in my presence said so (about the purchase of a car) to Rameez who also took Rs. 5,000/- for the car. Whatever I stated to the Magistrate is really correct. When I stated today that Std. Mujib told me about the car, I did not remember what I had stated to the Magistrate. What I said to day here is also true, however.
I am now residing at Malibag. I shifted there in June, 1968 from 13, Green Square. I was interrogated by the police while I was in Green Square. I went to Mr. Ahsanullah and informed him about the change of my address. The Police had asked me to keep them informed of my address. Mr. Ahsanullah is a D.S.P. working in the Special Branch. He did not tell me that he was D.S.P. when he interrogated me. He just said that he was a Police Officer. Later when he visited me on 2/3 times, I asked his rank and he told me that he was a D.S.P. He visited me after he had recorded my statement. I do not remember how many days after recording my statement he visited me. There was no specific discussion between us during these visits, he just came and asked about my welfare.
Record of Proceedings, Agartala Conspiracy Case • 477
I do not know when Mr. Rameez was examined by the Magistrate. It is not correct to say that the Police were communicating to me at different times the statements made by the accused persons in this case. It is not correct to say that I was asked to make my statement in conformity with those statements after I had made my statement to the Police. Yesterday I came to this Court from my Malibag house. A transport was sent to me from the Army. I went back to that transport yesterday. Only the driver went to fetch me in that transport. Earlier that driver had come with a Police Officer to my house. That was 2/3 days before. I do not know the name of the Police officer who had come to my house 2 days earlier. It is not correct to say that the Police Officer threatened me in order to persuade me to make the statement in accordance with his wishes. It is quite incorrect that I am in the custody of the investigating agency now.
I do not remember the date or day of the meeting that was held in September, 1966. The times of the meeting was about 2/3 P.M. The meeting lasted for half an hour. I do not remember the date or day of the second meeting held in March, 1967. The meeting was held in the evening, about 6.P.M., after dusk. I do not remember the date or day of the meeting held in June, 1967 in 13, Green Square. I cannot give the time of that meeting. I cannot remember now which part of the month that meeting was held.
I cannot remember how many days earlier than the meeting of March, 1967 we went to Faridpur. I cannot even give the approximate estimate.
It is incorrect that I have deposed falsely in this case at the instance of the Investigating Officer.
While going to Faridpur we had to cross only one ferry on the way,
TO MR. MD. ISMAIL:
I was not informed by anybody between 27.1.1968 and 13.2.1968 that I would be going to make my statement to the Magistrate. Nor did I ask the Police or anybody else to take me to the Magistrate between these dates. It is not correct that I was produced before the Magistrate by a member of the Special Branch of the Police but I was produced by a
478 . Record of Proceedings, Agartala Conspiracy Case
military officer. The Magistrate did not ascertain the facts of the case from me before recording my statement. It is wrong that I was produced before the Magistrate as an accused person.
TO MR. ATAUR RAHMAN KHAN:
It was in the year 1965 that I met Mr. Rameez in the Khayam Restaurant for the first time. I do not know whether he used to go regularly to the Khayam Restaurant or not. I used to go there occasionally. He was sitting at a table close to mine and he asked for a cigarette from me as he had finished his cigarettes. Then we started taking to each other. He introduced himself as the Manager of the PIA, Chittagong. The first petty contract that I got from Mr. Rameez was in December, 1965 about 3 months after this meeting. I started going to his house from the end of 1966. He also visited at my house sometimes after one year of our meeting. I started going to his house from the end of 1966. He also visited at my house sometimes after one year of our meeting in the Khayam Restaurant. I got the contract from Mr. Rameez in his office. I had gone to his office after one week of our meeting in the Restaurant. When I quoted for the contracts there were other quotations also. He gave me 5 or 6 contracts amounting to 6/7 thousands of rupees.
I know SATRANG Samity. Abdur Rahim Talukdar was the Secretary of that Organisation. Their office was in the same building in which I have my residence. I was never interested in film industries. I did not know Tarannum, a singer who might be residing at 109, Momen Road, Chittagong. It is incorrect that Rameez and other Customs Officers used to visit her in that building and that I also used to go to that place.
My office was at 120, Korbaniganj at Chittagong. I never resided there myself. I had a firm by the name of ‘Associated Agency’. Elias Choudhury was not a partner with me in that firm. Elias Choudhury was also a proprietor of that firm but actually, I alone run the firm. Again said he was a co-proprietor of the firm though I was running the concern. He did not invest any money in the business but I financed it myself. I invested about 20,000/- rupees in it. This firm was started in 1963. This
Record of Proceedings, Agartala Conspiracy Case • 479
sum was not invested as a lump sum. It was invested from my bank account from time to time. I used to draw money from my bank. I had accounts with the NATIONAL & GRINDLAYS BANK and the UNITED BANK.
I indented for 35 bales of Nylon Twine through the Associated Agency on the order of Zahir Fishing Trade Agency. This firm of Zahir Fishing Trade Company was granted a refund of Rs. 36,881/65 paisa, on account of excess payment, by the Customs Department. It is wrong that I took that cheque from the Customs, personating as Fazal Karim, on behalf of that. Fazal Karim was the proprietor of Zahir Fishing Trade Agency.
I did not send a letter to the Australasia Bank in which I had an account, signed as “Fazlul Karim” authorizing them to honour all cheques of orders drawn on the account of the Associated Agency. (The witness was handed over a photo state copy of this letter and asked to say whether his signature appears on this document. He says this is not my signature. Nor the signature of Elias Choudhury is on it. (The documents are marked as Ext. DH/1).
Mr. Aftabuddin Husain is my uncle. He is the principal Appraiser, Chittagong. I do not know if Afazuddin, Head Clark and Atiqul Huq, of the Reference section of the Customs Office, Chittagong have been suspended on the allegation that in collusion with me they gave a cheque to me wrongly. I do not know Mr. Ali Hasan, Asstt. Accounts Officer of the Customs Office, Chittagong. Nor do I know Saleh Zahur, the Workin- Charge in that office. It is wrong that I signed a cheque issued in the name of Fazal Karim encashed from the Marchantile Bank, and then I got the amount of the cheque deposited into my account. A case was, however, started by the Central Police against me on that account. The case is still pending and I was arrested in this connection. The prosecution is for offences under section 419,420,468 and 120B of P.P.C. Rs. 19,000/- of my account in the Australasia Bank was seized by the Police for this case. It is wrong that along with Elias Choudhury I issued an authorisation to Fazlul Karim to authorise him to draw the same amount if released by the Police. (The witness was handed over a
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document and asked to say whether this was his handwriting). He saysthis is not my handwriting. (The document is marked as Ext. DH/2).
I stayed in the Port Trust Hospital sometimes in 1965.
I had two passports, one national and one international. Both were seized by the police. It is wrong that at the same time, 12 or 14 forged import licenses were also seized from me by the police.
We met Mr. Siddiqur Rahman at Faridpur in his office at about 4 P.M. Mr. Siddiqur Rahman, on getting the letter which was delivered to him, said that he would extend all possible help. We returned the same day from Faridpur. We stayed only 10/15 minutes with Mr. Siddiqur Rahman. We sat in his room during that period. Std. Mujibur Rahman was in plain dress and not in uniform at that time. He was wearing a shirt and pant. I also had a similar dress. (The witness was asked to say when he came to know the fact that Std. Mujibur Rahman had deserted from the Navy, He said first, I came to know it two/three months after our visit to Faridpur, When reminded that he had already stated in this Court that he had read in the letter which Std. Mujibur Rahman showed him that he was a deserter, he said ‘yes, I came to know that fact at that time, I do not actually know when he deserted from the Navy. Std. Mujibur Rahman did not tell me anything about it. I went with Std. Mujibur Rahman because I know driving and we had to go by car. It was about two days prior to our visit to Faridpur that Mr.Rameez had asked me to go on this visit. The letter which I saw in the envelope with Std. Mujibur Rahman was hand written. It was not on a printed letter head form. The photostat copy was got prepared by Std. Mujibur Rahman two/three days earlier than we went to Faridpur. The Photostat copy was given to Std. Mujibur Rahman by the studio man in my presence. It was given one day after the order was placed. I was present at the time of the order as well as at the times of the delivery of the Photostat copy. I saw that Photostat copy. Std. Mujib did not discuss with me why he wanted a Photostat copy; nor did I ask him about it. It was earlier that the recording of my statement by the police that I was questioned about this letter which we took to Faridpur. After that interrogation, I had gone to get the negative from the photographer. The Police had gone away after asking me to
Record of Proceedings, Agartala Conspiracy Case • 481
produce the negative. Two/three days later they again came to take the negative from me and I delivered it to them. I do not remember if I mentioned to the Police the fact that I had been asked to produce the negative of that letter and that I went and brought it (not recorded). I did not mention that fact to the Magistrate in my statement. Apart from preparing the seizure list, the police did not give me any receipt for the negative. I had no written authority from Std. Mujibur Rahman to bring the negative from the photographer. I remembered the approximate date and month of the original order when I went to the photographer to ask for the negative. The photographer did not ask me for authority before he could deliver the negative. I did not get a receipt for the Rs.5/-paid to him. Nor did I acknowledge the receipt of the negative in any register of the photographer. It is not correct to say that I got this Photostat copy prepared from the photographer with mala-fide purposes at the instance of Mr. Rameez before going to Faridpur.
TO MR. M. M. GHOLAM HAFIZ:
I took my Matriculation from the Chittagong Municipal High School. It is not correct that I was expelled from the school for undesirable activities while a student of class X. The firm that we started is known as’ KEYA FURNITURE MART’. ‘KEYA’ is actually the name of a girl but it is wrong that it is the name of my uncle’s daughter. It is wrong that this firm was started by my uncle and not by I and he financed it in the name of his daughter, ‘KEYA’. It is wrong to say that I was only appointed Manager of this firm by my uncle and taking advantage of his absence, I have claimed this firm as mine. My uncle’s name is Aftab Hussain. Mr. Aftab Hussain has four daughters but none of them is named is as ‘KEYA’.
TO MR. JULMAT ALI KHAN:
Std. Mujibur Rahman had asked me only one or two days earlier than we went to Chittagong to go with him there. We went there by air. I had not met anybody in Dacca Airport but, I met some persons I know on arrival at the Chittagong Airport. I cannot give the date or the day on
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which we traveled to Chittagong by air. Nor do I remember the part of the month of may in which we thus traveled. I did not meet Mr. Rameez at Chittagong Airport when returning from there. When I was invited by Mr. Rameez to come to Dacca and to start a business here and to reside at 13, Green Square, I had closed the business at Chittagong. At 109, Momin Road, Chittagong, my friend also used to stay with me there. The house belonged to my friend. When I mentioned in this Court that we went and stayed in my residence at Chittagong, I meant to say that we stayed at the house of my friend. I had no rented house there. I do not remember if I had any affairs of my own to settle at Chittagong when I went there with Std. Mujibur Rahman. It is wrong to suggest that I did not go to Chittagong with Std. Mujib in May, 1967. It is wrong to suggest that Std. Mujibur Rahman never told me that he had brought Rs.10,000/- from Manik Chowdhury and that he showed it to me. It is also not correct to suggest that he never told me that this money was brought for this organization. It is not correct to say that I did not go to Chittagong with Std. Mujibur Rahman by Air and also came back by Air. It is not correct to say that A.B. Khurshid was not at Chittagong in those days. In fact, I saw him at Chittagong, but I do not remember when I saw him. I know Iftekhar Ahmed since January, 1967.
I met him at Rameez’s house. Iftekhar addresses Rameez as “Dad”.
TO MR. ABDUL MALEK:
It is not correct to say that Risalder Shamsul Huq did not attend any meeting and that I have falsely implicated him in this case at the instance of the Investigating Agency.
TO MR. ABDULLAH:
I do not belong to a business family. I appeared in the Intermediate Commerce Examination and also Intermediate science Examination, but as I could not pass any of them, I gave up my studies. I stayed in Rameez’s flat at Mohammadpur as a mere licensed, as his friend. I myself assumed that I was not allowed to attend the party meetings as I was too young. No one told me about this. Between me and Rameez
Record of Proceedings, Agartala Conspiracy Case • 483
there was no obligation on either side. I used to be invited to the parties given by Rameez. I was not a member of this organization I was not connected with the movement but I agreed to run business for the movement only on the basis of receiving 50% of the profit. I do not know when Mr. Rameez was arrested. I came to know it from the newspaper report. I have not met him after his arrest until now. The police did not tell me that I was also involved in this movement. As a matter of fact, nobody told about that. The police did not bring any message to me from Rameez. Before coming to this room for deposing, I was waiting in the adjoining room with any Army Officer. This is not the same Army Officer who produced me before the Magistrate for the recording of my statement. It is not correct to say that I was sitting today with Major Hasan in the adjoining room before coming to the Court to depose in this case. I know that because I saw Major Hasan once coming to this Court. I saw Major Hasan before also. The statement made by me before the Magistrate was voluntarily made and I did not read it out from any prepared statement.
(No other Counsel wishes to cross-examine).
TO COURT:
The Criminal case that was started against me under section 419 P.P.C. etc. was started in 1965. I was arrested in that case and was let off on bail. I am still on bail in that case.
Chairman
Member.
Member.
484 . Record of Proceedings, Agartala Conspiracy Case
CORRECTION
25.10.1968.
Mr. Abdus Shams Lutful Huda, P.W. 15 has read over his statement to himself and now states as follows:
At page 584, in the third time, instead of ‘Rameez’ it should be ‘Daliluddin’. At page 585, in the 2nd and 5th lines in the second paragraph, instead of ‘CARE’ it should be ‘KEYA’ page 595, in the third paragraph in the first line, instead of ’35’ it should be ’33’. At page 596, in the second paragraph in the first line, the name should be ‘Aftab Hossain’ and not “Aftabuddin Hussain”.
The rest of the statement is correctly recorded.
Chairman
Member
Member
Record of Proceedings, Agartala Conspiracy Case • 485
23.11.17
Deposition of P.W. 16, Jalaluddin Ahmed, S/o Late Abdul Motalib Sikdar, aged 45, Village Alaipur, District Khulna.
The witness is on S.A.
I joinedÔ the Army on the 6th June, ’41 as a soldier. I was promoted to the rank of Subedar in 1943. And I was released from the Army on the 26th August, 1946. After my release, I sought employment through the Employment Exchange in Calcutta, and was ultimately appointed as Patrol Officer in the Civil Supplies Department in Darjeeling. Before partition, I left that service. After partition, I applied to E.P.R. for employment I was enrolled as Jamadar on the 28th September, 1948. I was promoted to the rank of Subedar in January, 1951. I was dismissed from the service on 26th April, 1962, on a false charge of releasing a Smuggler. I challenged that dismissal order by filing a writ petition in the High Court and was successful. I was reinstated in my service on the 24h April, 1966 and I was posted at Feni at Belonia Border which was my old place. I held the rank of Subedar at that time also.
I know Capt. Mutalib. He was my assistant Wing Commander. (The witness correctly identified this accused in the dock). Sometime in July, 1966 Capt. Mutalib inspected my company at Belonia. After inspection, we had tea and chit chat and he started talking about disparity and making this par free from the centre. He did not say anything further about it. He then left for his headquarters at Comilla.
Sometime in August, 1966 I was called to Sylhet head quarters and I was told by my Sector Commander, Col. Abdul Hamid that I would be dismissed on the same charge again. I submitted my reply on the 3rd September, and was dismissed on the same date. Then I came back to Feni and handed over the charge of my company to my successor, Jamader Akter Hossain. Then I came to Dacca for seeking remedy in the High Court again. I filed another writ petition in October, 1966.
I, however, failed in the High Court this time. Before the result of the case was arrived at I was staying in the drawing room of my lawyer, Mr. Shamsul Huq Choudhury. On one morning, two gentlemen came at 128, Green Road, the residence or my lawyer, where I was staying.They handed over to me a chit from Captain Muttaleb wherein he had asked me to see him at 13, Green Square. On that day at 5 O’clock in the afternoon, I went there. I found Captain Muttaleb there. I found one, Mr. Samad, and Std. Mujibur Rahman also presented there. I did not know these gentlemen before but these were the persons who had come and met me in the morning in my lawyer’s residence. Captain Muttaleb introduced me to them and told me their names. (The witness correctly identified accused Samad in the dock but when he was asked to identify Std. Mujibur Rahman, he pointed out A.B. Khurshid as Std. Mujibur Rahmang.) I also met Mr. Lutful Huda, contractor and Mr. Ali Reza in that house, in Green Square. (The witness was asked to identify the accused Ali Reza in the dock but the witness actually pointed out Major Alam as Ali Reza). Captain Muttaleb repeated to me the same topic as he had talked on at Belonia. I told him in reply that I did not believe in that. I further told him that he was trying to involve himself as well as many others along with him. Captain Muttaleb was very sympathetic towards me and he told me that as you need help you better start living here and you will be looked after by these people. After this, I started living there at 13, Green Square.
I was looking for their leader but they did not tell me who he was. After 5 or 6 days, one gentleman came there and he was introduced to me as their leader. His name was disclosed as Lt. Com. Moazzem Hossain. (The witness correctly identified accused Lt. Com. Moazzem
Record of Proceedings, Agartala Conspiracy Case • 487
Hossain in the dock). After that, nearly every evening, Lt. Com. Moazzem Hossain used to came there and used to have a talk with us. He told us as to how East Pakistan was to be freed from the Centre. He said that was to be done by Armed Revolt. He detailed me to go on a recruiting tour to Comilla, Chittagong and then to come back to Dacca again and then again to go to Khulna, Jessore and Kushtia. As per his direction, I went out and first of all, I went to Feni. At Feni I saw my children. From there we, that means, I and Samad went to Chittagong. At Chittagong we tried to meet Subedar Major Khurshid Ahmed and we did meet him at Chittagong Cantonment. I told him about this revolutionary movement and also further informed him that I was directed by the Committee to meet him, in that connection. In reply to that, he said he knew nothing about it. From there we came back to our hotel and then we went to see Subedar Major Abdul Latif of EPR at EPR Headquarters, Double Moorings. We repented the same thing to him to which we got the same reply. From there we Came back to Feni and ultimately came back to Dacca. We stayed at 13, Green Square for one day and then I left for Khulna along with Samad: We stayed at hotel ‘Sahjahan’ in Khulna. We went to the Shipyard and met ex-Subedar Tajul Islam. We talked to him about this movement. From the talk, we gathered that he knew about this. He promised to come to Dacca on an appointed date that is on 6th July, 1966.This date was given to him by me. From there we went to Jessore and tried to meet an old friend of mine, Havildar Obaidul Huq, but we could not get him. From there we went to Chuadanga to meet Subedar Major Abdur Rab. We told him about this movement and he replied to us that he would come sometime and see us in Dacca. From there, we came back to Dacca on the 6th July, 1966. I do not remember whether I entered my name in the hotel Register at Hotel Sahjahan in Khulna. Most probably my companion, Samad did so,(The witness was handed over the hotel Register and, was asked to see entries at page 874. After examining the entries, the witness stated that there are two entries which relate to me and my companion, Samad. This is marked as Ext. P.W.16/1.)This signature is of Samad. (This is marked as Ext. P.W. 16/2.) (The witness was shown writing on the top of page 874 of the Register
488 • Record of Proceedings, Agartala Conspiracy Case
and was asked to say how it read and he said that it read as “Tajmahal Hotel, Khulna”. He was then asked whether they stayed at Sahjahan or Tajmahal Hotel at Khulna. The witness thought over this and replied).
So far as I remember we stayed at hotel Sahjahan and not at Taj Mahal hotel.
On 7h July, 1967 there was a meeting at 13, Green Square, Dacca. The meeting was attended by Lt. Commander Moazzem Hossain, M.A. Reza, Mr. Samad, Std. Mujibur Rahman, PIA District Manager, Mr. Rameez, one telephone Operator, Mr. Anwar, Lt. Rahman who had come from Karachi and me. The same topic was discussed in that meeting and a plan had been matted out about sending a delegation to India. The delegation was supposed to go to India on the 8th July, 1967 and I was asked to give a suggestion as to the point on the border at which the delegation should cross over to India. To this, I gave the suggestion that the point should be a place in Feni River known as Mokamia which is 11 miles down from Feni town towards Chittagong. (The witness was handed over a survey map and was asked to locate the point in this map where he suggested to the Party to cross over to India. The point is marked in the map in blue-ink and marked as Ext. P.W.16/3.) To this suggestion of mine they agreed. The date of sending the delegation was changed from 8th July to 12th July, 1967. At that meeting, the persons that were to be sent to India were not mentioned. They continued with the meeting and they sent me to Feni on the 8th morning so that I may keep an eye on the border and so that there should not be any trouble at the time of crossing the border. I was also told that the delegation would cross the border between the 11th and 12th and I was also to arrange accommodation in a hotel and also for transport. I objected on this suggestion of borrowing a transport from the public on the ground that it would be disclosed to the public the whole project. But still I was asked to arrange transport locally. Accordingly, I went to Feni and reserved accommodation in hotel Denofa for 4/5 people. On the 11th morning, Mr. Ali Reza, Std. Mujibur Rahman, Mr. Samad and Mr. Daliluddin reached Feni and I took them to the hotel and they asked me for the transport to which I replied that I could not arrange it.
Record of Proceedings, Agartala Conspiracy Case • 489
I do not remember whether any entry was made in the Hotel Denofa register as I was living with my children at Feni and occasionally came there. Std. Mujibur Rahman telephoned Mr. Rameez at Chittagong and Mr. Rameez agreed to come to Feni with transport and he actually came in the evening of 11th July, 1967. Mr. Rameez was accompanied by Anwar in his car.
We all took meals at Hotel Denofa. I arranged a room in the local Dak Bungalow for Mr. Rameez and we took him to the Dak Bungalow at 12 in the night and others came back to the Hotel and I went to my family quarter. At 2.30 A.M. in the morning, I came back to Hotel Denofa and found everybody else to have gone to the Dak Bungalow excepting Daliluddin who was staying in the hotel. I alone then went to the Dak Bungalow and met them including Mr. Rameez. There in the Dak Bungalow Std. Mujibur Rahman, Samad, Daliluddin, Mr. Rameez, Anwar Hossain and myself boarded the car and left for the border point. It half past three A. M. Mr. Rameez dropped us at Mokamia on the way and he went away towards Chittagong along with Anwar Hossain. I showed them the way and Std. Mujibur Rahman and Ali Reza proceeded towards the Indian border outpost. In the first attempt, they could not find their way in the dark and came back and I told them “you have got to make your way”. They again went and succeeded in crossing over to the Indian Territory. From the border outpost, they signaled by a flash light signifying that they had crossed over. I saw it from the main road. I along with Samad saw it from the road. (At this stage the witness was asked to say as to what had happened to Daliluddin and he stated that Daliludin stayed in the hotel and did not go with them in the car). If to state to the contrary I must have made a mistake. Then we started back for Feni and ultimately got a lorry in which we came to Feni. In the evening we again went towards the border to see if they had returned but they did not. They actually came back on the third night. At about half past eleven, they reached Feni. They slept in the hotel and the next morning we all started for Dacca. They did not tell me anything as it was very secret. We the entire party reached Dacca and on the following morning, they all started for Barisal excepting me, to give the report to Lt.
490 . Record of Proceedings, Agartala Conspiracy Case
Com. Moazzem Hossein. After two/three days they came back and Std. Mujibur Rahman shouted and said that everything has been disclosed to the government and everybody should go home. After this shouting everybody excepting myself and contractor Lutful Huda went away from there (The witness correctly pointed out Ex-Hav. Daliluddin in the dock. The witness was asked to identify Lt. Rahman and he actually pointed out Lt. Rouf instead in the dock). After a month they all Std. Mujibur Rahman, Samad and Daliluddin came back to stay at 13, Green Square. In October, 1967 they shifted from this house and went to house at Dhanmondi, Road No. 18. I have forgotten the number of the house. Std. Mujibur Rahman, Ali Reza, Samad and myself shifted to that Dhanmondi house. Contractor Lutful Huda however, continued to stay in this house in Green Square. We went to Magbazar and hired another house after leaving this house in Dhanmandi in the first week of December, 1967.
Record of Proceedings, Agartala Conspiracy Case • 491
SPECIAL TRIBUNAL
RECORD OF PROCEEDINGS.
.10.1968
PRESENT
Mr. Justice S.A Rahman, H, Pk., Chairman.
Mr. Justice M. R. Khan S.Pk., Member.
Mr. Justice Maksum-ul-Hakim, Member.
For the prosecution: As before.
For the Defence: As before.
Accused present: As before.
Witness on oath: As before.
Before starting the proceedings, Mr. Ataur Rahman Khan stated that his question to Lutful Huda, witness, Yesterday, was not happily worded and that there was no intention on his part to admit the existence of the letter in question, by implication.
EXAMINATION-IN-CHIEF OF P.W.16 JALALUDDIN AHMED CONTINUED
At the Dhanmondi house to which we had shifted from 13, Green Square, an officer had come from Karachi whose name was given as Lt. Rouf. I do not know whether he was a member of the organisation. I did not see anybody else there. When we shifted to Maghbazar house I saw there another face, namely, a person called Corporal Sirajul Huq or
Sirajul Islam. After I was introduced to him this man told me they were working alright and everything will be alright. I do not know anything else about this movement.
I made a statement before a Magistrate in this case.
CROSS – EXAMINATION: TO MR. NAZIRUDDIN AHMED:
Hotel Denofa may be about one far long from the Dak Bungalow in Feni. The point where the border was crossed may be 11 or 12 miles from these two places. The point where the border was crossed may be about 300 yards from the place where we stood on the road and saw the crossing. It was a dark night. We could not see what was happening on the crossing point.
TO KHAN BAHADUR MD. ISMAIL:
One Officer in a civil dress took me in a Jeep to the Magistrate. I do not know whether he was a Police Officer or a Military Officer. I was told by them that I would be making a statement to the Magistrate. I went back by another Jeep. This time also there was an Officer with me but I do not think it was the same Officer who had taken me to the Magistrate. The Officer who conducted me to the Magistrate told him that I was there to make a statement before him.
TO MR. JAHIRUDDIN AHMED:
I am in these days putting up in a small room of Major Aslam in the Dacca Cantt. Bazar. I have been staying there from January, 1968. I was arrested on the 9th of December, 1967 and I was removed to a Bungalow in the Cantt. Bazar. Gholam Ahmed was also brought to that house along with me by the army officers. Ashraf Ali Khan and Lunder Ali were also there.
Ashraf Ali Khan that I have mentioned is and Ex-Naib Subeder. The Bungalow, in which I am now living, so far as I know, belongs to Major Aslam and not to Major Naser. Major Aslam is a tall and fair complexioned gentleman. He has mostaches and is slightly bald. I did
Record of Proceedings, Agartala Conspiracy Case • 493
not see Lutful Huda being brought to the first house while I was staying there. We were first placed in this bungalow in the bazar of Dacca Cantt. and after a month later, I was permitted to go to Major Aslam’s bungalow. Ever since then I have been living in Major Aslam’s bungalow. Major Aslam did not use to visit that bungalow in the Dacca Cantt. Bazar, where we were first kept. I cannot name the Army Officers, who used to visit that bungalow. Major Aslam’s house is also in the Cantt. Bazar area. I was not questioned by any Military Officer while I stayed in the Bungalow where I was first brought, No one actually questioned us at that place but Ghulam Ahmed and I were taken from there to the 3rd Punjab Office, Gholam Ahmed was questioned there but not I. We were taken there only for one day. Gholam Ahmed was not questioned in my presence but he told me about it. A day later than the visit to the 3rd Punjab Office, I was taken to the Rajarbagh Centre and there I was questioned by persons whom I describe as a Board. I think there were three or four persons on the Board. I was taken there at about 8 A.M. I was questioned there for about two hours. I was then sent back to the House where I was staying. That was the only occasion I was taken to Rajarbagh for interrogation. The members of the Board in Rajarbagh were in plain dress. San. Ldr. Hamidur Rahman, Major Rahman and one other gentleman from the Police whose name I did not know, were among the members of the Board. I was taken to the 3rd Punjab Office one day after I arrived at the first bungalow in the Cantt. bazer. I was not questioned there at all but I did not enquire why I had been brought there. We were there for more than an hour. I smoke. I am unemployed at present. Major Aslam provides food to me and also gives me rs. 30/- a month for expenses. For this, I teach Bengali to two of his children. Gholam Ahmed was still at the first bungalow when I left for Major Aslam’s bungalow. Lundar Ali and Ashraf Ali Khan were also taken out of the first bungalow for interrogation. At the first bungalow we stayed in, we were only provided food and no pocket expenses. Ashraf Ali Khan and Lundar Ali were taken out four or five times from the first bungalow for interrogation while I was there. Gholam Ahmed was taken out only two or three times. I do not know who was providing food in the first
494 • Record of Proceedings, Agartala Conspiracy Case
bungalow. I did not see Capt. Sadeq of Inter Services Intelligence at that first bungalow, once. No cigarettes were provided in that first bungalow. The Cook used to give me some cigarettes but I do not know whether he is an army employed. The Board did not tell me not to worry about my writ matter any such promise given to me for the time after this case was over. It is not true that I was promised monetary assistance by the Board at Rajarbagh or by any other person who interrogated me to become a witness in this case. When I went to Major Aslam’s bungalow, I was told by an Officer that I was free to go anywhere. I was not given any formal release order from the detention. I cannot name the Officer who gave me permission to go away. I think I first appeared before the Magistrate to make the statement before I was questioned by the Police. I was examined by the Police sometime in April, 1968, but I cannot remember the date. I know that Mr. Rameez is also witnessing in this case. I do not know if Mr. Rameez was also examined by the Police on the same day when I was. It is not true that I was shown or read over a written statement of Mr. Rameez and asked to make statement on the same lines by the Police. On that day I was living with Major Aslam. Police took me to Rajarbagh to question me in April; 1968. They came to fetch me at about 8 A.M. I remained with the Police for about two hours.
I do not know Major Hasan. It was in June, 1967 that I was staying in the drawing room of my lawyer in Dacca. I stayed there for more than a week. I think was in the first part of June. I did not mention this fact of my staying in the lawyer’s drawing room before the Magistrate. Nor do I think that I mentioned it to the Police. I do not remember if I mentioned to the Magistrate that when I was staying in my lawyer’s drawing room, two gentlemen came to see me there and handed over a chit from Capt. Mutalib (not recorded). I do not remember having stated before the Magistrate that sometime in May, 1967 in response to a letter from Capt. Mutalib, I went to Dacca and contacted him at 13, Green Square (so recorded). I do not remember if I stated to the police that sometime in May, 1967 I came to Dacca after receiving a letter from Capt. Mutalib and according to the direction of the letter I came from north of New Market to 13, Green Square (so recorded). I knew that Capt. Mutalib was
Record of Proceedings, Agartala Conspiracy Case • 495
some time in Comilla Hospital in February, 1967. I do not know how long he stayed there. I do not know that he was in Comilla Hospital from 2nd May to 9th May and thereafter in the C.M.H., Dacca up to 31st May. It is not correct that I had changed the time of my visit from May to June in this Court at the instance of the Investigating Officer. I do not remember if I mentioned to the Magistrate that every evening Lt. Moazzem Hossain used to come and talked to us at 13, Green Square. (Note: His seeing him at 13, Green Square is mentioned 2/3 times in the statement to Magistrate). Nor do I remember if I mentioned this fact in my statement to the Police. It is correct that in June, 1967 Capt. Mutalib left for Peshawar after I met him. I think he left on the 16th or 17th June.
I do not remember if I stated to the Magistrate that I met Subeder Major Khurshid Ahmed at Chittagong and that I told him about the revolutionary movement, that I had been directed by the committee to meet him in that connection, and that he said that he knew nothing about it (not recorded). Nor do I remember if I mentioned this to the police (not recorded). Nor do I remember if I mentioned our meeting with Subedar Major Abdul Latif at Chittagong and the conversation we had with him, in my statement to the Magistrate (not recorded). Nor do I remember if I mentioned it to the Police (not recorded). I do not remember if I stated to the Magistrate that when we met Subedar Tajul Islam and talked to him, he promised to come to Dacca on a fixed date which I had given (not recorded). Nor do I remember if I mentioned this fact to the Police (not recorded). I do not remember if I stated to the Magistrate that at Jessore we went to meet Havildar Obaidul Huq, my friend, but could not find him (not recorded). Nor do I remember if I stated so to the police (not recorded). I do not remember if I stated to the Magistrate that thereafter we went to Chuadanga to meet Subedar Major Abdur Rob (not recorded). (The witness remained of his statement in this court regarding his alleged recruiting tour in 1966 and returned to Dacca on the 6th July, 1966). The witness now says this is a mistake. It should be 1967 and I returned to Dacca on the 6th July, 1967. I had started this tour in June, 1967 but I cannot remember the exact date. I cannot give the date of My respective visits to Comilla, Chittagong, Jessore, Khulna and Chuadanga.
496 • Record of Proceedings, Agartala Conspiracy Case
I do not remember if I mentioned to the Magistrate that there was a meeting of the party at 13, Green Square on the 7th July, 1967. I do not remember if I stated to the Magistrate that the meeting to which I deposed in this Court to have taken place on the 7th July, 1967 and at which Lt. Rahman from Karachi attended, took place in the last week of June. (So recorded). It is correct that Lt. Rahman came to Dacca on the7th of July 1967 and earlier than that he was in Karachi. I do not think that I stated in my statement to the police that probably towards the end of June, 1967, Mr. Moazzem called me in a meeting at 13, Green Square which was attended, among others, by Lt. Matiour Rahman (so recorded). I do not remember if I have mentioned any specific date of anything at 13, Green Square in my statement to the Magistrate and to the Police (not recorded).
It is not correct to say that I have mentioned in my deposition in this Court that this meeting took place on the 7th of July, only because I have been tutored to do so by the Investigating Agency who have seen after inspecting the Service Book of Lt. M.M. Rahman that it was on the 7th of July, 1967 that he came to Dacca on leave. I do not remember if I mentioned in my statement to the Magistrate that the delegation was to go to India on the 8th of July, 1967 (not so recorded). Nor do remember if I said so to the police (not recorded). I do not remember if I stated to the Magistrate that I was asked to give a suggestion as to the point where the delegation was to cross over to India and I gave my suggestion that it should be at Mokamia, 11 miles away from Feni towards Chittagong (not so recorded). Not do I remember if I said so in my statement to the police (not recorded). I do not remember if I stated to the Magistrate that the date of sending the delegation was changed from 8″” July to 12″ July, 1967 in that meeting (not recorded). Nor do I remember if I said so to the Police (not recorded). I think I did mention in my statement to the Magistrate that they sent me to Feni on the gth morning so that I may keep an eye on the border and so that there should not be any trouble at the time of crossing the border (not recorded). I do not remember if I said so in my statement to the police (not recorded). I do not remember if I stated to Magistrate that I was told that the delegation would cross the
Record of Proceedings, Agartala Conspiracy Case • 497
border between the 11 and 12h July, 1967, that I was also asked to arrange accommodation in a hotel and for transport, that I objected to this suggestion of borrowing transport from the public on the ground that it would disclose to the public the whole project but that still I was asked to arrange a transport locally (not recorded). Nor do I remember if I said so to the police (not recorded). I think I started to the Magistrate that accordingly, I went to Feni and reserved accommodation in the hotel Denofa for 4/5 people, (not recorded). I do not remember if I said to the police (not recorded). I do not remember if I said so to the police (not recorded). I do not remember if I stated to the Magistrate that I took them to the hotel and they asked for the transport to which I replied that I could not arrange it (not recorded). Nor do I remember if I said so to the Police (not recorded). I think I stated to the Magistrate that Std. Mujibur Rahman telephoned Mr. Rameez at Chittagong and Mr. Rameez agreed to come to Feni with a transport (not recorded). I do not remember if I said this in my statement to the Police (not recorded). I think I did mention about the hotel Denofa in my statement to the Magistrate (not specifically mentioned).
I do not remember if I stated in my statement to the Magistrate that on the 12/13th of July 1967, Mr. Rameez drove all of us except Daliluddin up to Feni border (so recorded). I think I stated to the Magistrate that Mr. Rameez dropped us at Mokamia on the way (not so recorded). I do not remember if I said so to the police (not recorded). I do not remember if I stated in my statement to the Magistrate that I showed the way to Std. Mujibur Rahman and Mr. Ali Reza who proceeded towards the Indian border output (not recorded). Nor do I remember if I said so to the Police (not recorded). I do not remember if I stated to the Magistrate that in their first attempt they failed and came back and then I told them,” you have got to make your way”, then they went again (not recorded). I do not remember if I said so to the Police (not recorded). I think I stated to the Magistrate that flashed a torch to signal their crossing of the border (not recorded). I do not remember if I said so to the Police (not recorded). I do not remember if I stated to the Magistrate that we started back for Feni and ultimately we got a lorry in which we
498 • Record of Proceedings, Agartala Conspiracy Case
came to Feni (not recorded). I do not remember if I said so to the Police (not recorded). I cannot remember if I stated to the Magistrate that in the evening we again went towards the border to see if they had returned but they did not (not so recorded). Nor do I remember if I said so to the Police (not so recorded). I do not remember if I stated to the Police that I and Samad returned to the hotel Denofa on the next night and on the next night Ali Reza and Std. Mujibur Rahman came back to Denofa hotel (so recorded).
I did not say to the Police that the next day Ali Reza and Std. Mujibur Rahman went to Barisal via Dacca in order to give the detailed description of this meeting to Lt. Moazzem Hossain and latter on I also came back to Dacca (so recorded). I do not remember if I stated to the Magistrate that after two/ three days they came back and Std. Mujibur Rahman shouted and said that everything had been disclosed to the Government and everybody should go home and that after this shouting, everybody excepting myself and contractor Lutful Huda went away from there (not recorded). I do remember if I said so to the Police (not recorded). I stated to the Magistrate that after a month they all, namely Std. Mujibur Rahman, Samad and Daliluddin came back to stay at 13, Green square (not recorded)….
After the inspection of my unit by Capt. Mutalib, when we were taking tea and having a chit chat, Jamadar Akhtar Hossain and Jamadar Abdul Gafur Mandal were present at that time.
There were some other persons present also but I cannot remember their names now. There was also a sentry standing right in front of our table. It is not true to say that I do not know anything about this affair and I am deposing falsely at the instance of the investigating agency and my story is a cock and bull story. It is not correct to say that I never stayed at 13, Green Square. At 13, Green Square only three rooms were hired. In all, there were fine rooms, two of which were occupied by the owner of the house. I come from Khulna. My home is about five/six miles away from Khulna town. It is not true to say that I went to Khulna only visit my home and not to do anything in connection with this movement.
At the time when I went to Khulna, my father in law was seriously ill.
Record of Proceedings, Agartala Conspiracy Case • 499
TO MR. ATAUR RAHMAN KHAN :
NL.
TO MR. ZULMAT ALI KHAN:
I am unemployed for the last two years and four months. I have been getting a sum at the rate of Rs. 250/- per month since January, 1968, from the E.P.R. as part of my arrears of pay and allowances. My family is still at Feni. I have not purchased any house at Feni. My family members consist of five persons. Some of them are school going children. The rent of the house in which my family is housed is Rs. 45/per month. I never saw Lutful Huda, Anwar Hossain or Mohsin during my stay in the first bungalow in the Cantt. Bazar.
(No other Counsel wishes to put any cross-examination questions).
Chairman.
Member.
Member
500 . Record of Proceedings, Agartala Conspiracy Case
CORRECTION
29.10.1968.
Mr. Jalaluddin Ahmed has read over his statement and now states as follows.
At page 604, in the seventeenth line, it ought to be “Taj Mahal Hotel’ instead of ‘Shajahan Hotel’. (Note: – The witness had stated in this Court that they stayed in ‘Shajahan Hotel’ and not in ‘Taj Mahal Hotel’ and no correction is required).
The rest of the statement is correctly recorded.
Chairman
Member
Member
Record of Proceedings, Agartala Conspiracy Case 501
25.10.68.
DEPOSITION OF P.W. 17 MD. ANWAR HOSSAIN ON
SOLEMN AFFIRMATION
My name is Md. Anwar Hossain son of Dr. Rahim Baksh aged 36 of village Par-Panchil, P.S. Serajganj, District Pabna.
I joined the Pakistan Air Force in August, 1951 as an Airman. I was a Corporal and after completing 9 years service, I was released there from in August, 1960. In September, 1961 I joined P.I.A. at Chittagong as a telephone operator. I know Mirza Md. Rameez, district Manager of P.I.A, Chittagong, I was serving under him. He was posted there from early 1965 when I was working in that office. There is a P.I.A. Employees Union in Chittagong. In December, 1966 I was elected General Secretary of that trade union. When I was elected General Secretary of that union I used to see Mr. Rameez frequently in his office and also in his residence in connection with the union affairs. I became friendly with Mr. Rameez. Sometimes Mr. Rameez used to entrust me with his private works and I used to do them. I gladly did those jobs.
Once in May, 1967 Mr. Rameez gave me. Rs. 500/- and sent me to C.M.H., Comilla to deliver the same to Capt. Muttalib who was admitted in the C.M.H., Comilla. I went from Chittagong to Comilla by P.I.A. and contacted Mr. Muttalib and handed over that money to him. On receipt of that money Capt. Muttalib asked me as to why I had brought only Rs. 500/- He disclosed it to me that Mr. Rameez and Std. Mujibur Rahman had promised to give him Rs. 1000/-. (The witness correctly identified
accused Capt. Muttalib in the dock). After that, I came back and conveyed what Capt. Muttalib had said to Mr. Rameez.
Sometimes I accompanied Mr. Rammez to Dacca. He had a flat at Mohammadpur Housing Estate, Building No. 12. I went to that flat 2/3 times and probably in May, 1967 I also went with him there. I went to 13 Green Square from that flat of Mr. Rameez at Mohammadpur, in May, 67 along with Mr. Rameez. There I found a number of persons assembled. They included Lt. Commander Moazzem Hossain, Std. Mujibur Rahman, Shamsul Huq, Mr. J.U. Ahmed, Mr. Ali Reza, Mr. Daliluddin, and Mr. Samad. They were sitting there and talking to each other. When I entered there with Mr. Rameez, Mr. Rameez introduced me to them. Thereafter he sent me to Motijheel for payment of his electric bills. Again said, I do not remember whether it was for payment of an electric bill or some enquiry regarding some bill. Then I went away to Motijheel. After about 2 hours when I came back to the said house I saw some of them still sitting and talking. Then along with Mr. Rameez, I left that place. (The witness correctly identified accused Std. Mujibur Rahman, Lt. Commander Moazzem Hossain, Samad and Ali Reza in the dock, with regard to Daliluddin and Shamsul Huq he failed to identify and said that he saw them for a little while and as such he cannot find them out).
Sometime in the early part of 1967, may be between February and April, 67, Std. Mujibur Rahman and Left. Moazzem Hossain used to meet Rameez in Chittagong, at his office and residence. I also saw J.U. Ahmed once meeting Rameez at Chittagong towards the middle of 1967. I do not, however, remember if he met him in his office or residence. Std. Mujibur Rahman and Lt. Com. Moazzem Hossain possibly met Rameez twice. Std. Mujibur Rahman and Lt. Com. Moazzem Hossain met Rameez once together. On the other occasions when they met Rameez separately, I do not know what happened when they met and what they talked.
Probably in the month of July, 1967, once Mr. Rameez rang me up in my office and asked me to see him at his residence. Accordingly, I went to his residence in the afternoon. Rameez disclosed to me that his driver, Ali Ahmed was on leave and he was required to go to Feni and as he was
Record of Proceedings, Agartala Conspiracy Case 503
returning back late in the night, he needed my company. Accordingly, Mr. Rameez took me in a P.I.A. staff car to Feni in the evening. Mr. Rameez drove straight to a hotel at Feni. I do not know the name of station. I saw Ali Reza, Std. Mujibur Rahman, Mr. Daliluddin, Mr. Samad and Mr. J.U. Ahmed at the hotel. Mr. Rammez had talked with them and thereafter he left the hotel and went to a nearby Dak Bunglow. I did not go to that Duck Bungalow. At 2-30 A.M. Mr. Rameez came back to that hotel and took all of us excepting Daliluddin in his car and started for Chittagong. After driving about 7/8 miles Mr. Rameez stopped the car on the road and dropped all the occupants excepting me. After that Mr. Rameez and myself went to Chittagong in the same car. After we dropped them on the road we found them moving towards Chittagong and then we came back to Chittagong. On the way, I enquired from Mr. Rameez as to why they were dropped on the road. He shut me up by saying that was none of my business and I should not talk about this matter anymore.
In the month of August, 1967, Mr. Rameez directed me to go to Peshawar and contact Captain Muttalib in 21 Baluch Regiment. He handed over an identity card of Captain Muttalib which had been lost by him and I was asked to deliver that to Capt. Muttalib which I did. He also asked me to pass on a message to him to the effect that “some Agartala meeting was a success” and to ask Capt. Muttalib as to when he would return to East Pakistan. I delivered the message to him. Then Capt. Muttalib told me to convey to Mr. Rameez that he was trying his best to get posted to East Pakistan and if he did not get the posting then he would resign from the service. After 2/3 days I returned to Chittagong and conveyed the message to Mr. Rameez.
Being an employee of P.I.A. we used to get 90% rebated ticket and I got a ticket of this nature from Mr. Rameez. Mr. Rameez paid Rs.75/which is the price of the return ticket to Peshawar and Rs. 50/- was paid to me for my expenses
In October, 1967 when I was going home via Dacca Mr. Rameez gave me a P.I.A. return ticket in favour of Ali Reza. It was a DaccaLahore return ticket and asked me to hand over that ticket to Ali Reza
504 • Record of Proceedings, Agartala Conspiracy Case
whose address at Dhanmandi he gave to me and I accordingly went to Ali Reza and handed over the ticket. I handed over the ticket at Dhanmandi but I have forgotten the house number. Thereafter I went to my home. I do not remember the month but it was in the early part of 1967 when Mr. Rameez received a telephone call from Lt. Com. Moazzem Hossain. The call was for Mr. Rameez and I was present in his room and took up the telephone and asked who was speaking on the telephone. From the other end, the voice said it was Mr. Lt. Com. Moazzem Hossain. After that, I gave the telephone to Mr. Rameez. Then Rameez gave me a Dacca-Chittagong return ticket in favour of Manik Chowdhury and directed me to deliver the same to Manik Choudhury who would come to collect the ticket in the P.I.A. on that day from me. After one hour and a half, one person entered my office and asked whether I was Anwar Hossain. On my saying ‘yes’ he introduced himself as Manik Choudhury and asked for the ticket and I gave him the ticket. (The witness correctly identified accused Manik Choudhury in the Dock). I made a statement before the Magistrate.
Record of Proceedings, Agartala Conspiracy Case 505
SPECIAL TRIBUNAL
RECORD OF PROCEEDINGS.
29.10.1968.
PRESENT
Mr. Justice S.A. Rahman, H.Pk., Chairman.
Mr. Justice M.R. Khan, S.Pk., Member.
Mr. Justice.Maksum-ul-Hakim, Member.
For the Prosecution: As before.
For the Defence: As before.
Accused present: As before.
Witness on oath: As before.
CROSS-EXAMINATION OF P.W. 17, MD. ANWAR HOSSAIN: TO MR. ABDUS SALAM KHAN:
I was brought to this Court from 14 Division Mess by an army officer. Lt. Sharif had taken me to the Magistrate for making my statement. I volunteered to Lt. Sharif that I wanted to make a statement to a Magistrate. This was on the first of March, 1968. I was arrested at Chittagong. I had been arrested on the 17th December, 1967. By the time I was produced before a Magistrate I had learnt that Mr. Rameez had already been arrested. I also made a statement to the police. I do not know if Rameez was examined by the Magistrate on the very day that I was examined by the police. Nobody had told me that I could make a
statement to the Magistrate. It is not correct to say that Mr. Rameez had told me to make a statement to the Magistrate supporting me. I was taken back to the military custody after my statement to the Magistrate. It is not correct to say that I went home after my statement to the Magistrate (The witness volunteered that later on, he went home in September, 1968). I was allowed to go home for 4 days in September, 1968. I came back myself to the 14 Div. mess after the 4th day. That is an Officers Mess. I was not an officer while I was in the Air Force. It was no part of my duty to do any private errand for Mr. Rameez but I did it voluntarily. The members of our ‘Employees’ Union knew this state of affairs. I do not know if the Trade Union Employees would suspect me if I did private errands for the district manager of PIA. I do not think, it is correct to say that a Secretary of the Union, if he works privately for the District Manager, PIA, is regarded as ‘Dalal of the employers. I felt honour when Mr. Rameez asked me to do some personal work for him. As a friend, I would feel happy if I could extract Mr. Rameez out of any difficulty. Mr. Rameez showed me no favour in my work. I do not remember if he ever issued any credit ticket from the PIA on my recommendation. I was in my village home when Mr. Rameez was arrested in Chittagong. I returned to Chittagong, on the 15th December, 1967 from my home village. I came to know of his arrest when I returned to Chittagong. I received a telegram in my village home from the District Manager, calling upon me to return to Chittagong. I received the telegram on the 13th December, 1967. On return to Chittagong I went to the house of Mr. Rameez. I went there to give some consolation to his mother as I had learnt that he was under arrest. At that time his wife was not there. Mr. Rameez’s mother gave me no instructions. I do not know who else had been arrested at Chittagong. I used to read the newspaper when I returned to Chittagong. On return there, I joined the office. I was on leave before that but for how many days I cannot remember.
I never had a talk with Mr. Rameez about this conspiracy. On all the occasions that I went either to Comilla hospital or to the Mohammadpur flat of Mr. Rameez or to 13, Green Square, or while taking the ticket to Ali Reza or giving the ticket to Manik Chowdhury, I never learnt that
Record of Proceedings, Agartala Conspiracy Case 507
there was any such conspiracy. I was not aware of such a conspiracy even when I went to Feni with Mr. Rameez.
When I was sent to Peshawar with the message that “some Agartala meeting was a success” I did not enquire from anybody what it meant. Even when I met so many persons at the hotel at Feni I did not ask for what of all this was about.
It is not correct to say that I have been put up by the police to lend corroboration to the statement of Mr. Rameez. The normal period of my service in PAF would be nine years. I was given an option for further service after completing 9 years service there. But I did not avail myself of it. It is not correct to say that the minimum term of service at that time was 10 years and not 9 years. Apart from the 500/- rupees which I received and delivered to Capt. Muttalib at the Comilla hospital, I carried no other money for Mr. Rameez to anybody. I did not know Capt. Muttalib earlier than I met him at Comilla hospital. Mr. Rameez had given me an Air ticket for going to Camilla but I returned from there by train. I paid for the Air ticket for going to Comilla myself and I paid the railway fare also for the return journey. I stayed at Comilla for an hour or an hour and a half. I took oral permission from the District Manager of PIA when I went to Comilla but I did not take any formal leave. While going to Peshawar I had taken official leave. I do not remember if I met anybody else at Comilla besides Capt. Muttalib. I had never visited Comilla C.M.H. earlier. I had taken a rickshaw to the CMH there. When I met Capt. Muttalib he was walking about in the hospital and was not confined to his bed. I made over the money to him when he came to his room. I do not remember if anybody else was in attendance at the time when 1 passed the money to him. I did not mention this payment to Capt. Muttalib to anybody else. To my knowledge, this was not a secret matter. Rameez had given to me the money in his office at Chittagong. I do not remember if anybody else was there when the money was paid to me. The staff knew when I was going to the Airport that I was going to Comilla. Mr. Rameez did not tell me to keep this matter a secret. I spent the money from my own pocket out of regard for Mr. Rameez, for the journey to and from Comilla.
508 • Record of Proceedings, Agartala Conspiracy Case
I do not drink. I do not like that a Muslim should take wine. I do not like the man who drinks. I knew that Mr. Rameez used to drink heavily. I do not know if he ever went after women. It is not correct to say that the story of my going to Comilla with the money without knowing it to be a secret affair is a myth. When I went with Mr. Rameez several times to his Mohammadpur flat, sometimes it was in connection with official business and sometimes just to give him company. I do not remember if I stated to the Magistrate that sometime in the early part of 1967, may be, in February or April, 1967, Std. Mujibur Rahman and Lt. Com. Moazzem Husain used to meet Rameez at Chittagong in his office or residence (not recorded). It is not correct to say that I did not see Lt. Com. Moazzem Husain meeting Rameez in April, 1967 in Chittagong.
I do not know where Lt. Moazzem Hossain was living in March or April, 1967. Nor do I know where he lived in May, 1967. I do not know, in fact, where he was posted during those months. I do not know if he was posted to Barisal on the 10th of March, 1967. I do not know where Std. Mujibur Rahman was working from February to April, 1967, nor what he was doing in the months of April and May, 1967.
When I came with Mr. Rameez in about June, 1967 to Dacca, I met my younger cousin, Baharul Islam, in Dacca besides the persons I saw at 13, Green Square. I cannot remember which other persons I met.
It was between 1 and 3 p.m. in July, 1967 that Mr. Rameez phoned me up to come and see him on the occasion that we visited Feni. He did not say on the telephone that I should come ready to accompany him out of Chittagong. He told me this when I went to his residence and then I went back home. I do not remember on what day of the week it was. I also used to work on Sundays and holidays being on shifting duty. I used to work for 7 hours every day. There are five telephone operators in the PIA District office at Chittagong. The telephone operators including myself used to work in one room. In the telephone operators room there usually were working two to three men but in the evening there was only one man when there was not much work. The telephone operators kept working from early morning till 10 P.M. there were shifts during the day after every three hours, between the telephone operators. I do not remember at what time I
Record of Proceedings, Agartala Conspiracy Case 509
was on duty on that day. I left the house of Mr. Rameez after 3 P.M. We started for Feni after 5 P.M. I came to his house for accompanying him and was not picked up from my house. I had not been to Feni earlier than that occasion. The hotel to which we went at Feni was three to four hundred yards from the Railway station. The Railway station and the hotel are not on the same road. The Railway station is not on the main road. As I had passed through Feni several times by train, I know where the Rly. Station was. I did not know at the time I passed in the train, whether the hotel was visible from the Railway station or from the train or not.
I do not know if an entry was made in any Log Book that the PIA car was being taken away by Mr. Rameez to Feni. We reached the hotel at Feni between 8.30 to 9.30 P.M. There are electric lights in Feni. The hotel is a double-storied building. I do not remember if I saw the sign board of the hotel. We had driven straight to the hotel from Chittagong to Feni. We met the persons inside the hotel in a room of the hotel. When Mr. Rameez went away to the Dak Bungalow I had only friendly chat with the persons in the hotel for half an hour before I slept. They did not ask me who I was and why I had come there. There were two hotel attendants who served our meal in the hotel. I do not know Ruhul Amin Miaji of that hotel. In May, 1968 I was a subject of an identification parade in the Dacca Cantt. Two persons were identifying me there in the parade but I do not know who they were. I did not remember the faces of the persons who attended us at the hotel and I cannot say whether the persons who came to identify me were those persons or not. One of those witnesses failed to identify me but I do not know whether he was from that hotel. I was not taken to that hotel subsequently at any time. I did not meet anyone from Feni subsequently to this visit.
When Rameez came to the hotel at about 2-30 A.M. somebody awakened me. I woke up and saw Mr. Rameez there. While going in the car from the hotel to the place where the other person dropped on the road, there was no talk between Mr. Rameez and the other occupants of the car.
It is not correct that I have a dry fruit business. I see the identity card handed over to me of Capt. Mutalib. On the back of it, it is printed that in the
510 . Record of Proceedings, Agartala Conspiracy Case
event of loss, whoever finds the card, may drop it in the nearest post box. I do not remember if I stated to the Magistrate that Mr. Rameez had given me the identify card of Capt. Muttalib to be taken to him at Peshawar (not recorded). Nor do I remember if I stated that to the police (not recorded). I went and met Capt. Mutalib at Peshawar at his residence. I did not find any other Bengali officer there. He was living on Mould Road. During my service in the PAF, I had been at Peshawar. I had taken leave for going to Peshawar. In my leave application, I mentioned that I was going to Peshawar but I do not remember the reasons that I gave for the visit. I remained at Peshawar for two days at Capt. Mutalib’s house. I did not ask Capt. Mutalib during my stay there as to what all this was about.
I do not know why Ali Reza was given the return ticket which I brought it to him. I did not ask Ali Reza as to why he was going on this journey. I did not meet anybody else in Dacca on that occasion. I do not know if the issue of a credit ticket is entered in any PIA register or not. In case of the issue of a credit ticket by PIA either the District Manager or the person authorized by him would personally sign the voucher. At that time there were advertisements in the papers saying that one could fly by PIA and pay later. I do not remember if I gave my signature on any counterfoil or voucher when I took the ticket of Ali Reza.
The fare from Chittagong to Dacca by PIA is Rs. 45/- one way I do not remember if it was a trunk call or a local call which I received first by picking up the receiver in the room of Mr. Rameez. I do not remember if there was an entry about Manik Chowdhury’s credit ticket in any record. It is not correct to say that no credit ticket was issued in favour of Manik Chowdhury. I do not remember who else was present in the room of Mr. Rameez when he gave me the credit ticket for Manik Chowdhury. I had gone into the room of Mr. Rameez during the working hours. There is one door leading to the office of Mr. Rameez to which if one goes one has to first pass along the ticket counter. There is however, another door through which one can go to the office of Mr. Rameez without passing the counter. I do not remember if I signed at the counter when I took the ticket of Manik Chowdhury. I had no talk with Manik Chowdhury about the necessity for the ticket or as to who had to pay for
Record of Proceedings, Agartala Conspiracy Case • 511
it. I was sitting in the telephone exchange when Manik Chowdhury from the door way, asked me whether I was Anawar Hossain. The ticket was for Chittagong to Dacca. I do not remember if it was a return ticket. When I had given the money to Capt. Mottalib in the C.M.H., Comilla, he said that he had wanted a loan of Rs. 1,000/- and not Rs. 500/-. I do not remember if I stated to the Magistrate that while I was in the room of Mr. Rameez, there was a telephone ring, I took up the receiver and then handed it over to Mr. Rameez on learning that Lt. Moazzem Hossain was speaking (not recorded). In the last part of March, 68, I was photographed while I was in Military custody in the Signals Mess. I was taken for interrogation to the Rajarbagh Police Centre. From Chittagong I was brought to the Central Jail in Dacca and from there was taken out on 27th or 28th December, 1967 to be taken to Rajarbagh Centre. I am living alone in a room in military custody there are other rooms besides that room, but I do not know who are living in those rooms. Major Naser and Lt. Sharif used to visit me while I was in custody. Major Hasan did not say so. No written statement was given to me while I was in custody. My room number is 8-A. I do not know if Col. Sher Ali Baz used to stay in room No. 8.
I do not remember if I was dismissed from PIA service immediately after my arrest. I got information in February, 1968 that I had been dismissed but I was reinstated. It is not correct to say that my reinstatement was ordered due to the fact that I agreed to state as I was asked to. I had been dismissed with effect from 17th December, 1967 and was reinstated with effect from that date, on the 29th August, 1968.
It may be that I might have written in my casual leave application for going to Peshawar that I wanted to go there for a Union meeting.
TO MR. NAZIR UDDIN AHMED :
Declined.
TO MR. MD. ISMAIL:
It was when Lt. Sharif has asked me whether I wanted to make a statement before a Magistrate that I volunteered to make such a statement. The Magistrate did not get the facts from me before recording my statement.
512 . Record of Proceedings, Agartala Conspiracy Case
TO MR. ATAUR RAHMAN KNAN:
Declined:
TO MR. JULMAT ALI KHAN:
I do not remember the date when 1 was asked to deliver the credit ticket to Manik Chowdhury. It was during the working hours that, Mr. Rameez had asked to give the ticket to Manik Chowdhury. I do not remember my working hours for that day. The system of work for the telephone operators was according to the manual. The telephone operator’s office is in a protected area. It is separated from other offices by a corridor. I had gone to Rameez’s room as I wanted to talk to him about my union affairs. I do not remember whether I was on board or relief when I went to the office of Mr. Rameez Manik Chowdhury had come to me sometime between 2 and 4 P.M.
When I said that in the early part of 1967 Mr. Rameez received a telephone call from Lt. Com. Moazzem Hossain, I meant that it was between February and May, 1967.
During shift system, there is only one Operator at the Board but there is another personnel working in the room. It is not correct to say that at the time of the shift work other personnel do not work. I did not close the door all the time when I worked in the telephone exchange. I did not ask Manik Chowdhury as to when he was going to undertake this journey to Dacca. I saw the ticket myself that ticket was valid for one year. I do not remember the time of flight to Dacca from Chittagong in those days.
(Nobody else from the learned defence counsel wants to put any question).
Chairman Member Member
Record of Proceedings, Agartala Conspiracy Case • 513
CORRECTION
30.10.1968.
P.W. 17, Anwar Hossain has read over his statement to himself and now states as follows:
At page 626, in the first line or the third paragraph, instead of ‘June’ it should be ‘May’
The rest or the statement is correctly recorded.
Chairman.
Member
Member
514 . Record of Proceedings, Agartala Conspiracy Case
DEPOSITION OF P.W. 18, SERGEANT RAJAB HOSSAIN
ON SOLEMN AFFIRMATION
My name is Sergeant Rajab Hussain, son of late Mohammad Garib Hossain, aged 38 years of 37, Arambagh, Motijheel, P.S. Lalbagh, Dacca.
TO MR, T.H. KHAN:
I joined PAF on 16.8.1948 as an Air-man. I had my initial training at PAF, Kohat for 6 months. After completion of my training, I was sent to PAF, Drigh Road for my technical training where I took my one year’s training in the technical line. Then I was sent to Murree Hills for recreation. There after I was posted to PAF Station at Fesalpur, where I stayed up to 1953.
In 1965 I was posted at PAF, Dacca. Here I stayed up to April, 1967. Then I was transferred to PAF, Chaklala. One night in September, 1967, while I was observing a television show in Chaklala after my dinner, somebody came and whispered to me that a guest had come to see me. When I came out the person introduced himself to me as Sergeant Jahoor of PAF, Korangi Creek. At Chaklala I was living in the barrack. He took me to a corner and told me that he had been asked to see me by Sergeant Shamsul Huq. At that time Sergeant Shamsul Huq was posted at 102M.U. Drigh Road. I knew Sergeant Shamsul Huq as I was working with him in an Engine shop at PAF, Dacca in 1965-66. He told me that as dissatisfaction was going on, so I should join them in their party which had been formed for separating East Pakistan by an armed revolution. In reply to that, I told him that it was not possible for me and I could not involve myself into this kind of thing. I further told him that this had nothing to do with me and that he should leave me alone and this
ultimately led to an exchange of hot words. At this, he told me to think over the matter twice and also warned me not to disclose it to anybody as otherwise my family would be destroyed. After that, he left me. (When the witness was asked to identify Sergeant Jahoor in the dock, the witness after examining all the accused persons said as “I saw him only once, I cannot point him out”. when the witness was asked to identify Sergeant Shamsul Huq, he correctly identified accused Sergeant Shamsul Huq in the accused’s dock). I did not disclose this incident to anybody afterwards.
CROSS-EXAMINATION OF P.W.18, SERGEANT RAJAB HUSAIN:
TO MR. ABDUS SALAM KHAN
Before I was examined by the Police I did not disclose it to anybody else. I do not know the full name of Sergeant Jahoor. As a matter of fact, he introduced himself to me as Sergeant Jahoor. There were in all 15 to 20 Persons when we were observing the television show in the commonroom. I did not notice who actually informed me about the coming of Sergeant Jahoor. It was one of my room-mates. I did not also notice whether any other Bengalee Sergeant or Officer was in the commonroom along with me at that time. In the barrack where I was living, there were one or two other Bengalee Sergeants staying there. There was one Sergeant Khan and there was another person who had just come recently and I did not remember his name as I did not ask his name at that time. It did not strike me to discuss this matter with other Bengalee Air-men who were residing in the same barrack. When the Police officer asked me about this incident I was a bit surprised. At present, I am posted to 102M.U. Drigh Road, Karachi. I was examined by the police at PAF, Dacca.
When I was examined by the police, I do not know whether any other persons were also examined or not. I was examined in May, 1968. I cannot my home village on annual leave and I was called from there and was examined by the police. I was not told anything to the effect that I would be in difficulty because of my association with these people. I read in the newspaper about the arrest of other people before I came to Dacca on leave. I read in the newspaper at that time that Sergeant Jahoor
516 • Record of Proceedings, Agartala Conspiracy Case
and Sergeant Shamsul Huq had been arrested along with others. I did not contact anybody after that. Nor did I give any information to anybody. I read the news paper while I was at Chaklala. I did not give any information about this earlier as I did not have any evidence and as I was also frightened. I made a statement to the Police as I was questioned and was on a compulsion to state. The Police took my statement and let me go home. They did not, however, tell me that I would have to depose in any Court. I was not threatened with arrest by the Police unless I made a statement. I did not make any enquiry about the armed revolution for separating East Pakistan, as I was not interested in this matter. The talk with Sergeant Jahoor took place underneath a tree and at a corner of the Establishment and this was also at night time. After the talk was over he left the place and I went back to my barrack. At that time Sergeant Khan, Sergeant Hossain and Ft. Sergeant Rahmat were, among others, my roommates in the barrack. My family was in East Pakistan at that time.
TO MR. MD. ISMAIL:
I told the police in my statement that I did not disclose this matter to anybody as I was frightened (not recorded).
TO MR MD. FAZLUL KARIM:
I was promoted to the rank of a Sergeant on 1.2.67. Sergeant Shamsul Huq was senior to me in service as he got the rank earlier. It is not correct to say that his earlier promotion shocked me. It is not correct to say that he was promoted earlier than I was and as such, I had grudge against him. When we worked together in Dacca at the beginning he was a Corporal like me but after wards he was promoted and I had to work under him.
(No other counsel wishes to cross-examine the witness.)
Chairman.
Member
Member
Record of Proceedings, Agartala Conspiracy Case • 517
CORRECTION
30.10.1968.
P.W. 18, Sgt. Rajab Hossain has read over his statement to himself and now states as follows:
| At page 632, in the first line of the second paragraph, instead of ‘1965’ it should be ‘1963’.
At page 634, in the third line from the bottom, instead of ‘Sgt. Rahmat ‘ it should be ‘Sgt. Adalat’
The rest of the statement is correctly recorded.
Chairman.
Member.
Member
518 . Record of Proceedings, Agartala Conspiracy Case
DEPOSITION OF P.W.19, EX. WARRANT OFFICER
JAKER AHMED ON SOLEMN AFFIRMATION
My name is Jaker Ahmed, son of Abdul Majid Mia, aged 44, by faith Muslim of village Lengarmar, P.S. Sagalnaiya, Dist. Noakhali. At present, I am Junior Engineer, Department of Plant Protection, Govt. of Pakistan, Dacca Airport, Dacca. I retired as Warrant Officer in April, 1968 from the P.A.F. Last time I served was at P.A.F. Harts., Dacca where I was posted from November, 1964 till my retirement. During my service at P.A.F. Dacca, I came to know Sgt. Halim. Sgt. Halim used to work at the P.A F. Dacca in the accounts section and I had to go there in connection with my accounts. Towards the last part of October or beginning of November, 1967 Sgt. Halim enquired of me as to what I was going to do after my retirement. I told him that I had not decided anything. To this, he told me that I should get in touch with Ex service personnel and some of them might be in a position to help me as they were better placed. He then volunteered to introduce me to Ex-Sgt. Razzak who had some medicine business at Awlad Hossain market. About a week later he told me that he would introduce me to Ex -Flt. Sgt. Razzak and asked me to go to the Awlad Hossain market for that purpose in the evening. Accordingly, I went to Awlad Hossain market at a place near a mosque which had been described to me by Sgt. Halim. After going there I met Sgt. Halim who took me to a house on the western side of the Awlad Hossain market. Sgt. Halim told me on my enquiry that the area was known as Manipuripara. While we were going to the house at Manipuripara, we met Sgt. Shamsuddin and Flt. Sgt. Fazlul Haque on the way and we all together went to that house. We found Razzak already in
that house. Sgt. Halim introduced me to Razzak. Then we sat there and Razzak entertained us with 8 cups of tea and we started discussing. Sgt. Halim opened the discussion by saying that I was retiring shortly from the service and I needed some assistance. To this Razzak replied that it was very difficult to open a business and it was also very difficult to get a Job as East Pakistan had hardly any scope to get a job because of disparity. Then he gave 2/3 examples of disparities in service and in business. Then he told us that we should try to organize ourselves better so that we could make proper arrangement for food and shelter for East Pakistanis and remove the disparities. He, however, did not say as to how this could be done. (The witness correctly identified Razzak and Flt. Sgt. Fazlul Haque, accused in the dock). Then someone amongst us enquired, as to how this disparity can be removed. To this Razzak replied that we had another officer who had a plan about it and some day he would introduce us to that Officer. After that we dispersed.
About a week there after I again met Sgt. Halim in the Accounts Section and he told me to meet him at the Awlad Hossain market so that he could take me to that particular Officer. Accordingly, in the evening I went near the mosque in the Awlad Hossain market and saw Sgt. Halim and Corporal Jamaluddin. They were waiting there together. From there we all went together to the residence of Ex. San. Leader Chowdhury. Sąn. Leader Chowdhury received us, gave us a cup of tea and then started talking to us. The residence of Ex-Sqn. Leader Chowdhury is located on one side of Mymensingh Road near Awlad Hossain Market. He also stated the same thing about the disparity and he also asked us to organize ourselves and join in a party so that we could try for the betterment of our lot. Ex-Fit. Sgt. Razzak introduced us to Ex-Sqn. Leader Chowdhury and also gave his name to us. He also further stated that unless we can come out of the clutches of the Central Govt. and separate ourselves, we would not be able to improve our lot. He further told us to think over work with him or not later. As I was in the service and I naturally did not like this type of talk. I kept quiet, however, and we came away from that place. I do not remember, whether anybody else said anything or not.
520 . Record of Proceedings, Agartala Conspiracy Case
I reported this matter to my Commanding Officer, Wing Commander Ashfaq Mia, after a week or so. (This will be admissible subject to Commander Ashfaq Mia being produced as a witness). I was decorated with a Sanad-i-Imtiaz for my performance during the Indo-Pakistan war of 1965.
CROSS-EXAMINATION:
TO MR. ABDUS SALAM KHAN:
I reported to Wing Commander Ashfaq Mia about the end of November, 1967. I made a confidential report in writing to him. I did not meet any police officer until the month of May, 1968 after this report. Till May,’ 1968 nobody questioned me about these facts. I was given a job on 27th February, 1968 in the Department of Plant Protection, Govt. of Pakistan. I was on leave preparatory to retirement at that time. My leave was to expire on the 28th of April, 1968 but later, on objection, was cut by 19 days. As a Warrant Officer, my basic pay was Rs. 425/- per month. When I joined the plant Protection Department my basic salary was Rs. 500/- per month and it has been raised to Rs. 605/- now. My petition for this job was forwarded through the Air Hqrs. It is not correct to say that they gave me this case. I expect a salary of Rs.1000/- per month as a Motor Mechanic in a private firm in Dacca. I never applied for a job in the Zeba Motor Works. I did not except for any job in the shop of Ex-Flt. Sgt. Razzak. I saw Razzak’s shop from the road but I never went inside shop. I cannot give the dimensions of the shop as I did not go inside it. I do not know whether Ex-San. Leader Moazzem Hossain Chowdhury had any workshop or not know where Sgt. Halim used to stay.
| Nor did I ask him about that. The time was arranged to be after the sunset for a meeting near the mosque. At that time I was living in the P.A.F. service quarter. I do not remember if I stated to the police that there was an arrangement that I would meet Sgt. Halim after sunset near the mosque (not recorded). I cannot recollect if I stated to the police that I went to the house of Razzak in Manipuripara and there I found Sgt. Shamsuddin and Flt. Sgt. Fazlul Huq assembled in that house with others
Record of Proceedings, Agartala Conspiracy Case • 521
(so recorded). I would not be able to give the sequence of the talk in the meeting in which discussion took place. I cannot say now whether the discussion that took place there was attentively heard by me or not. It is after a year of the incident that I am deposing now in Court. I do not remember if I stated to the police that I did not pay attention to their mutual conversation and rather disrupted the discussion by asking Flt. Sgt. Razzak, if he could help me in finding a job and setting me after my retirement (so recorded). The accounts section is located about a quarter of a mile from my residential quarter. Awlad Hossain market was 14 mile away from my residence. I did not ask Sgt. Halim to pick me up from my quarter for going to Awlad Hossain market. Ex-Flt. Sgt. Razzak did not promise to provide me with any job. Ex-Flt. Sgt. Razzak did not promise to procure a job for me through the help of an Ex-senior officer. I did not say so to the police (so recorded). I did not leave the meeting earlier at Manipuripara out of disgust. The second time also there was a previous arrangement that we would all meet near the mosque, and the time was also arranged to be after sunset. This time also I did not ask Sgt. Halim to pick me up from my quarter. I do not know the number of the house of Ex-Sqn. Leader Chowdhury. The house is situated by the side of Mymensingh Road.
522 . Record of Proceedings, Agartala Conspiracy Case
SPECIAL TRIBUNAL
RECORD OF PROCEEDINGS.
30.10.1968
PRESENT
Mr. Justice S. A. Rahman, H. Pk., Chairman.
Mr. Justice M. R. Khan, S. Pk., Member.
Mr. Justice Muksum-ul-Hakim, Member.
For the Prosecution: As before.
For the Defence: As before.
Accused present: As before.
Witness on oath: As before.
CROSS-EXAMINATION OF P.W.19. ZAKER AHMED.
TO MR. ABDUS SALAM KHAN:
I do not remember having stated to the police that when we arrived in Sqdrn. Leader Chowdhury’s house we saw there persons including Sgt. Fazlul Huq and Corporal Jamaluddin. (so recorded). My need to find a job was also discussed in the meeting at Sqn. Leader Chowdhury’s house. But I cannot remember whether that was first discussed or some time later on. It is correct that San. Leader Chowdhury was speaking about matters regarding disparity and the movement rather than my need to get a job. The discussion lasted for about half an hour in that house. There was no complete plan discussed as to what would be done in the future in that meeting. We then all left the meeting. I did not tell any of the friends like Jamaluddin, Halim, Razzaque etc. that the talk I had heard there was an undesirable one. I did
not mention about these two meetings to anybody else besides giving a report to my commanding Officer. Wing Commander Ashfaque Mian has his office in the P.A.F. Head quarters. I also worked there. His office is in a separate building from the building in which I worked, about 20/30 yards from it. He used to reside in the officer’s Mess in those days. That Mess is near the Airport Terminal. That residence is about a quarter of a mile from his office. There is no other officer under him working in his office. Other officers and the establishment are located in another building. One P.A sits in the same room with the Wing Commander. I had direct access to the Wing commander as I was a Section Commander myself. I tried to see him during the week and give my report but he was busy in one way or another and was sometimes not in the office. I saw him sometimes talking with somebody else, during the week. I did not go to his house as I am not supposed to visit an officer’s house. It is not correct to say that during the pendency of the case in this court police officers have been visiting me and telling me what to say in court. Mr. S. A. Shaikh, an Additional Chief Engineer is my boss in the plant protection office. I did not obtain his permission to come to this court. I was told by the Air Force Police that I had to come to this court for giving evidence. I was not served with any notice or any summons. I came in the Air Force Micro Bus. That went specially to pick me up. It is not true to say that I have deposed in this case due to inducement and temptation.
TO MR. NAZIRUDDIN AHMED:
Declined;
TO MR. MD. ISMAIL:
I did write on the report which I submitted to my Wing Commander the word CONFIDENTIAL. I did not tell the police that I had submitted a “confidential” report to my commanding officer. The officer did not note down anything on that report in my presence. Nor did I see him preparing a separate note. I might have stayed for about one hour with my officer though I cannot remember the exact time now after the lapse of one year. I was sitting there while he was reading my report. My report might have covered two pages. I had signed that report. I had
524 • Record of Proceedings, Agartala Conspiracy Case
written out the report at my house. I had prepared that report the night before I went to the officer. I have not been able to express myself properly. I had written out the report the night before I tried to see him for the first time. I had not put my report in an envelope. That report of mine was not placed before me by the police when they examined me.
TO MR. ATAUR RAHMAN KHAN:
Declined;
TO MR. MOLLAH JALALUDDIN:
I do not remember the date of the meeting held in a house in Manipuri Para. Nor do I remember the day of the week. The meeting in Manipuri Para was not held in Razzaque’s house. He said that the house belonged to one of his friends. I do not remember having stated to the police that Sgt. Halim led me to the house of Flt. Sgt. Razzaque located in Manipuri Para (so recorded). I did state to the police that at that meeting, Sgt. Halim opened the discussion by saying that I was retiring shortly from the service and I needed some assistance, and to this Razzaque’s reply was that it was very difficult to open a business and also very difficult to get a job as for the East Pakistanis there was hardly any scope to get a job because of disparity (not recorded). I did tell the police that Razzaque said that we should try to organize ourselves better so as to make proper arrangement for food and shelter for East Pakistanis (not so recorded). It is not correct to suggest that I have given false evidence in this case against Flt. Sgt. Abdur Razzaque as I have been given a job.
TO MR. BADRUL HAIDER CHOWDHURY: Wing Commander Ashfaque did not tell me that I would have to make a statement to the police.
(No other counsel wishes to put any question in cross examination).
Chairman.
Member
Member.
Record of Proceedings, Agartala Conspiracy Case 525
DEPOSITION OF P.W. 20, KAZI GIASUDDIN AHMED
ON SOLEMN AFFIRMATION
My name is Kazi Giasuddin Ahmed, son of late Mvi. Abdul Karim, aged about 54 years of 139, Ram Krishna Mission Road, Dacca.
TO MR. T. H. KHAN:
I am a business man. I have been carrying on business from 1941. After the partition, I established 2 Match Factories one in Dacca and the other in Sylhet. I have also established a Chemical Plant in Chittagong in collaboration with NISHAT group of Industries of Lyallpur. I have an approximate income of Rs. 50,000/- per annum.
Since 1956 I have been visiting Karachi frequently in connection with my business. I also went there for attending the meeting of various organizations, such as National Bank of Pakistan, Agricultural Bank of Pakistan, PICIC and National Shipping Corporation. Originally I used to stay in Karachi whenever I went there but after the performance of Haj, I found the hotel food was not suitable and therefore I took a house in 1957 in Karachi No. 3/47, M.S.G.P. School Teacher’s Cooperating Housing Society, Karachi, for my stay there at a rent of Rs.150/- per mensem. In 1958 I allowed Kamaluddin Ahmed, a relation of mine, to live in that house with his wife with the idea that the house would be looked after properly during my absence. It was in June, 1965 that Mr. Kamaluddin Ahmed undertook to pay the rent of the house himself and henceforth I stopped paying rent of that house nor did I stay there and henceforward he paid the rent and occupied the house. I had to go to
Karachi at least once in a month in connection with my business. I used to go by Air to Karachi.
In the last part of September, 1965, just after the Indo-Pakistan War, while I was going to Karachi by Air I met Mr. Ahmed Fazlur Rahman in the Plane. He was also going to Karachi. I knew Mr. Ahmed Fazlur Rahman before but during the journey, further acquaintance developed. The plane was late and we reached Karachi at late hours. Mr. Rahman requested me to stay in his house instead of going to a hotel. He said his wife was staying in Dacca at that time. A conveyance was also waiting for him in the Karachi Airport. I accepted the offer and stayed with him in the LACO house. That was convenient for me because it was centrally situated; I also stayed with him during my visits to Karachi in October, November and December, 1965.
In December, 1965 I went to Karachi to consult certain doctors about my wife who was very ill and I stayed on that occasion also with Mr. Ahmed Fazlur Rahman in LACO house in Karachi. On one evening after I returned from my work I found in the house of Mr. Ahmed Fazlur Rahman, Lt. Moazzem Hossain, Amir Hussain, and Noor Mohammad, engaged in a discussion in the drawing room. On seeing me they quieted down. After having a wash in my room I went and sat with them in the Drawing room. When I sat with them Mr. Ahmed Fazlur Rahman again started their discussion. He upheld the holiness of Sk. Mujibur Rahman for his struggle to save the prestige of East Pakistanis. He also discussed the economic policy of the Government. He said that without economic freedom the fate of East Pakistanis would not be changed. Lt. Moazzem Husain also criticised the Govt. Policy and time-lighted disparity in the various services. I do not remember any other things that may have been said there. Lt. Moazzem Husain, when he was leaving, made a request to me to put a word to the C-in-C of the Navy so that he may be transferred to East Pakistan on compassionate grounds.
Lt. Moazzem told me that his old father was suffering badly in his village home and he had been confronted with many domestic problems. He also told me that he was also trying for his transfer to East Pakistan from other sources. I told him that I would discuss with the C-in-C of the
Record of Proceedings, Agartala Conspiracy Case • 527
Navy in the next meeting. (The witness correctly identified Mr. Ahmed Fazlur Rahman in the accused’s dock and he also correctly identified Lt. Com. Moazzem Hussain in the Dock. He also correctly pointed out Sk. Mujibur Rahman in the dock. When he was asked to point out accused Noor Mohammad, he said, “I am unable to point out him”. The witness stated that at the time when he saw Noor Mohammad he was clean shaved. Noor Mohammad was asked by the Court to stand up and he now has a beard).
Sultanuddin Ahmed used to go to his sister at the house Kamaluddin Ahmed and I saw him at that house twice or thrice during my visit to Karachi. I cannot remember the date, month or the year. On all these occasions he was accompanied by 2 or 3 or his friends. But I had not seen them all assembled together there at a time. He used to be accompanied by one or two at a time, at the most. Some of those friends were Mr. Amir Hussain Mohammad, Mr. Samad and others. (The witness correctly pointed out Sultanuddin Ahmed and Samad in the accused’s dock).
I met the C-in-C of the Navy in a meeting of the National Shipping Corporation, probably in October, 1965. I talked to him about the transfer of Lt. Com. Moazzem Hossain to East Pakistan but he expressed his inability to transfer him to East Pakistan on account of emergency in the country. On return from Karachi, Kamaluddin Ahmed, a relative of mine, stayed in Dacca Hotel in Dacca. Once in July, 1965 he visited my house in Dacca and told me that he had purchased a jeep. He wanted to keep the jeep and the driver in the garage of my house. I allowed him to do so. I had no car at that time.
I think it was in the last part of August, 1965 that Mr. Sultanuddin Ahmed accused came to my house and took the jeep and the driver from there. He told me that Lt. Moazzem Hossain and Amir Hossain were coming from Karachi. I do not remember any other occasions when the jeep was taken from there within my knowledge. Nawab Ali was the driver of that jeep. I had a telephone at my residence in Dacca. I had received telephone calls many times from Mr. Kamaluddin Ahmed asking me to send the jeep to Dacca Hotel. Sometimes his employees and
528 • Record of Proceedings, Agartala Conspiracy Case
friends who were staying in Dacca Hotel phoned up for the jeep. I cannot remember the names of those employees and friends. My present telephone number is 45036. At the time I am mentioning having received the calls from them, the number of my phone was 5036. I cannot remember having met Havildar Daliluddin Ahmed and Std. Mujibur Rahman. I do not know them.
I made a statement before a Magistrate in this case.
CROSS-EXAMINATION OF P.W. 20, KAZI GIASUDDIN AHMED: TO MR. ABDUS SALAM KHAN:
I am Director of PICIC and National Shipping Corporation but not of the National Bank of Pakistan. I got accommodation for starting my industries by way of loans from the National Bank of Pakistan and other Banks and especially I got 76 lacs of rupees in foreign currency from PICIC for establishing Chemical plant at Chittagong. The loan was sanctioned by PICIC in 1961. I got the machinery for the plant in 1964, the PICIC having themselves opened L.C. for that. The loan sanctioned by PICIC has been fully utilised. We may need, however, foreign exchange for the extension of the plant in the future. I have a 30 percent share in this Chemical plant. I have purchased shares worth Rs.10,00,000/- in this industry. I have submitted two schemes of PICIC for specialised textiles. One to be set up in East Pakistan and the other in West Pakistan. I have not associated any West Pakistanis in this project with myself. The financing institutes for this project are PICIC and the IDEP. One does not require any permission from Govt. for such a project because a policy has already been settled. It is the financing Institute that approves a particular project if it is in the schedule. The schedule has already been fixed by the Govt. A person who wishes to set up industry has to submit a scheme to the financing institute who many them approve the supply of foreign exchange for the industry. PICIC has a capital fund of its own contributed by its share holders and not by the Government. The foreign aid countries are the share holders in the PICIC. 40 percent shares are of the foreign aid countries and 60 percent are of the Pakistani share holders. I am one of the Directors of this institution. Now there are
Record of Proceedings, Agartala Conspiracy Case • 529
18 Directors of this institution. Previously there was no official Director but now there are two namely Secretary, Industries, Central Government and the Secretary, Industries, East Pakistan. There is also an observer, namely, the West Pakistan Industries Secretary. Mr. Alim is probably the only other East Pakistani Director. I was previously a member of the Chamber of Commerce of East Pakistan but not now. There are five such Chambers in East Pakistan. I have seen in the papers that Chambers of Commerce passed resolutions about industrial development in East Pakistan and the difficulties they encounter. I have seen such resolutions in the papers. It is correct that in the East Pakistani papers, both English and Bengali, the removal of disparities in commerce and industries, as regards East Pakistan compared with West Pakistan, has been stressed. Such question had also been raised and answered in the National Assembly and in the East Pakistan Assembly.
I do not know Dr. Khaleq, nor did I know Lt. Moazzem Hossain before I saw him at Ilaco House, Karachi. It is not correct that I accompanied the wife of Lt. Com. Moazzem Hossain from Dacca to Karachi by plain in March, 1956 so that she could accompany her husband to England. I know Mr. Bahauddin who is a relation of mine and who is now in the Export promotion Bureau. It is not correct that I had invited Mr. A. F. Rahman once at my house at Karachi and that Mr. Bahauddin gave him a lift in his car to my place. I know Mr. Hashemuddin Ahmed, Ex-General Secretary of the East Pakistan Muslim League. It is not correct that I had invited him also along with Mr. Ahmed Fazlur Rahman to my house at Karachi.
I ceased paying the rent of the house at Karachi from July, 1965. Before that Kamaluddin was paying me Rs. 50/- per mensem for staying in the house but after that, he paid the full rent. The rent receipts were, however, issued always in my name and not in that of Kamaluddin Ahmed. The landlord was a teacher. The house was kept till December, 1965. It is not correct to suggest that the house remained mine till the end of December, 1965 and that I continued staying there till then. It is wrong to suggest that I did not stay with Mr. A. F. Rahman in his house at Karachi in October, November, and December, 1965. When I saw
530 . Record of Proceedings, Agartala Conspiracy Case
Amir Hossain at the house of Mr. A. F. Rahman I knew him because I had seen him earlier with Sultanuddin Ahmed visiting the house of Kamaluddin. I do not remember seeing Amir Hossain ever entreating Mr. A. F. Rahman to sanction his T.A. bill for a journey to East Pakistan. I never had any talk with Amir Hossain personally. When Kamaluddin came to Dacca he wanted me to lend my name as Chairman of his Salvage Corporation. I agreed to do so but later on, I withdrew my name. I had not active interest in his business. It is not correct that in place of my name my son’s name was then substituted. Kamaluddin Ahmed took a loan from the Union Band for that business. At that time I was one of the Directors of the Union Bank but not its Chairman. I became Chairman in 1966. A loan of Rs. 25,000/- was advanced by that Bank to Kamaluddin Ahmed against his machinery etc. I do not know the details of the machinery. I was a guarantor of that loan on behalf of Kamaluddin Ahmed. The jeep had been purchased by Kamaluddin in July, 1965. The loan had been purchased in 1964. I never used the jeep of Kamaluddin for my own purposes. The jeep had been purchased in the name of Pakistan Salvage Corporation. Only once did Sultanuddin come to me to take away the jeep from my garage with the driver. I did not ask Kamaluddin whether I should allow him to take away the jeep or not. In my house, my children were living but not my staff. The garage was inside the compound of my house. Sultanuddin had come for the jeep at about 5 P.M. The driver used to live in a room outside the main building. Sultanuddin used to come to my house otherwise too on occasions, because my wife was ill and he came to see her. I had never visited Kamaluddin in the hotel where he was living. There is a telephone in the Dacca Hotel. The driver of the jeep could have taken it anywhere because it was Kamaluddin’s jeep, without asking me. I cannot say if the jeep was out of the house for a whole day or more than one day, at a time, on other occasions. Kamaluddin also used to come to my house sometimes and he used to take away the jeep himself. I did not ask Sultanuddin anything when he came to take away the jeep. It is not correct to suggest that I have stated wrongly here that Sultanuddin told me that the jeep was wanted for receiving Lt. Moazzem Hossain and
Record of Proceedings, Agartala Conspiracy Case • 531
Amir Hossain, in order to lend corroboration to the other prosecution evidence. By that time I had not yet met Lt. Moazzem Hossain. I do not know from whom and at what time this jeep was purchased. Then says, the jeep was purchased in July’65. I remember the date of the purchase because I allowed him to put the jeep in my garage. In 1957 I purchased a car from Mr. Abdus Sattar. I do not remember the month in which it was purchased. Possibly it was two months before I left for Haj. I did not mention this fact about the taking away of the jeep by Sultanuddin to anybody before I made my statement to the police. I cannot remember if I kept any note of this anywhere. I do not remember the date when I attended the meeting of the National Shipping Corporation in July, 1965. I do not remember the date when I reached Karachi for attending this meeting of the Shipping Corporation in July, 1965. I do not remember the date or the day of the week when Sultanuddin came and took away the jeep. Sultanuddin told me that it was Lt. Moazzem Hossain who was coming from Karachi. I do not remember if I stated to the Magistrate that it was Lt. Com. Moazzem Hossain who was coming (so recorded). I do not remember if I stated to the police that it was Lt. Com. Moazzem Hossain who was coming from Karachi (so recorded). In October or November, 1965 I went to Kasr-e-Naz and there for the first time I met Lt. Com. Moazzem Hossain the waiting room. (The witness stated this when he was reminded of his statement in this Court that he had seen Lt. Com. Moazzem at Mr. Ahmed Fazlur Rahman’s house for the first time). The discussion about which I have spoken already in the house of Ahmed Fazlur Rahman was in the 3rd or 4″ week of December, 1965. I do not remember in which year for the first time I met Samad in the house of Kamaluddin was occupying that house of mine which I rented from 1958 and Sultanuddin used to come there to see his sister after 1958 and such I do not remember as to when precisely I saw him for the first time in Kamaluddin’s place. I do not know whether Samad was released from the service in 1961 and it was only in 1965 that he was recalled to the service after the September war and that he was not in Karachi during this period. It is not correct to say that I was avoiding to state the year, in which I met him because of this fact. Lt. Commander Moazzem Hossain
532 . Record of Proceedings, Agartala Conspiracy Case
was in a plain dress when I saw him in the residence of Ahmed Fazlur Rahman. In Dasr-e-Naz also I saw him in a plain dress.
I was never a member of an organisation which aimed at separating East Pakistan from West Pakistan. I did not promise to finance or help such an organisation. It will not be correct to say if anybody states that Amir Hossain collected funds from me for any such purpose. I read the newspaper report of the deposition of Corporal Amir Hossain in this Court. What Amir Hossain stated in his deposition in this court with respect to an arrangement of funds by me was not correct. It is not correct to say that I am a nominated member of the PICIC and National Shipping Corporation, As a matter of fact, I am an elected Director in those two organisations. I am still a Muslim Leaguer. During the last general elections, I contested for a seat in the National Assembly on the ticket of the Muslim League, but I did not succeed in that election. (The witness was asked whether he was at one time a member of the Awami League. The witness in reply addressing the Counsel Mr. Abdus Salam Khan said, “it was at your instance that I became a member of the Awami League and that was the time when Mr. Ataur Rahman Khan was Chief Minister”) That might be in the last part of 1957 or 1958. I was never a member of the KSP (Krishak Sramik Party) organisation.
Towards the end of 1954 when section 63A was imposed in East Pakistan, then I welcomed that step by issuing a press-statement. I also welcomed the imposing of Martial Law in the country. It is not correct to say that as a businessman I always supported the Government. I never promised any job to any of the party workers of any revolutionary movement. Mr. Ahmed Fazlur Rahman was on leave in 1965 but towards the last part of September, 1965, he went to Karachi to resume his duties. I know this fact because I traveled with him and stayed with him in Karachi. I do not know for how long he was on leave before that journey to Karachi. It is not known to me whether the family of Mr. Ahmed Fazlur Rahman was in Dacca form August, 1965. After the meeting in the LACO house, I saw Lt. Com. Moazzem Hossain sometime in the early part of 1967 at the Green view petrol pump where he was talking to Ahmed Fazlur Rahman. I went to that petrol pump to take petrol when I
Record of Proceedings, Agartala Conspiracy Case 533
saw this. I do not know in which month of 1967 I saw this. We did not have any talk on that occasion but we only acknowledged greetings by waving our hands. The petrol pump is situated on the junction of Mirpur Road and Green Road. I saw Samad sitting in that petrol pump in the Manager’s seat. I do not know whether Samad was not the Manager of this petrol pump since September, 1966. In the middle of April, 1968 I made my statement to a police officer who recorded the same. On the 20th March, 1968, Lt. Sharif contacted me. Lt. Sharif asked a few questions to which I gave replies. These questions related to this case. I was never brought to the Cantonment by the police. I was called to meet Lt. Sharif in the officer’s Mess in the Dacca Cantonment. It is not a fact that I was kept there for a few days. As a matter of fact, I never stayed there. I was never taken to the Rajarbagh Interrogation Centre. I was asked by Lt. Sharif whether I was willing to make a statement before a Magistrate and I replied that I was willing to do so. I did not myself volunteer to make that statement. It is not correct to say that a draft of my statement was prepared and was given to me. The word ‘lime-light’ means giving a specific idea. I made the statement to the Magistrate at the VIP Rest House, Cantt. I did not state to the Magistrate that Lt. Sharif asked me to make a statement and as such, I agreed. Lt. Sharif took me to the Magistrate. There was none else there besides him. I had only my driver with me. The Magistrate did not ask me as to why and now I had been brought before him. Lt. Sharif took me to the Magistrate and introduced me to him.
I do not know Major Hasan. It is not correct to say that I was subjected to the pressure of loss of business and I was also threatened otherwise, to make a statement.
TO MR. NAZIRUDDIN AHMED:
It is not correct to say that Lt. Sharif told me that I was an important member of the revolutionary organisation and that I agreed to collect subscription for the same. It is also not correct to say that Lt. Sharif drew my attention to that part of the statement of Amir Hossain which affected me. It is not correct to say that Lt. Sharif put it to me that Amir Hossain
534 . Record of Proceedings, Agartala Conspiracy Case
had implicated me and I was in great danger. Lt. Sharif did not tell me whether he found anything against me or not.
TO MR. MD. ISMAIL:
Nobody approached me in February, 1968 suggesting that a statement of mine would be recorded by a Magistrate. Before the 20th March, 1968 there was no question of the recording any statement of mine by a Magistrate. The Magistrate did not ascertain the facts of the case from me before recording my statement. I was not produced before the Magistrate as an accused.
(No other counsel wishes to cross-examine the witness).
Chairman.
Member
Member
Record of Proceedings, Agartala Conspiracy Case 535
DEPOSITION OF P.W.21, MD. MOHSIN ON SOLEMN
AFFIRMATION
My name is Md. Mohsin, son of late Mvi. Tasimuddin Ahmed, aged 48 years, by faith a Muslim of Municipal Tank Road, P.S. Kotwali, Khulna.
TO MR. T. H. KHAN:
I am a contractor and businessman. My annual income is about a lac of rupees. I know Sheikh Mujibur Rahman. (The witness correctly identified Sk. Mujibur Rahman in the accused’s dock). I saw him for the first time in 1943 in the room of Mr. Ruhul Quddus, my cousin in Baker Hostel in Calcutta. Mr. Ruhul Quddus is my cousin, I never met Sk. Mujibur Rahman in connection with any of my business. I gave a cheque of Rs. 10,000/- to Sk. Mujibur Rahman to float an Insurance Company with the name of Bengal Mutual Insurance Co Ltd. I was a Director of that Company. I know Hotel EDEN. There was a meeting of the Awami League in the Eden Hotel in 1966 and the 6-point programme was passed there. After 2/3 days I met Sk. Mujibur Rahman and paid him Rs. 2,00/- to meet the expenses of that meeting. I voluntarily met him many times after that. Most probably in February, 1966 I went to his house. On seeing me he took me in a side room and asked for money for the Awami League party. I said that I had no money then and I would send it afterwards. When I came out of the house I met some other persons on the road and he requested me to hand over the money to him. I do not know who that person was. He told me to give the money to some other person who was also there on the road. I did not know either of these two persons.
Then I came back to my house in my car. Then two/three days after, one of these persons came to me. He asked for Rs. 2,000/- of which I paid only Rs. 5,00/- I do not know the name of this person and I did not ask his name. It was only a matter of Rs. 500/- and as such, I did not ask his name. After taking the money he went away. This person again came to me after 2/3 months and asked for money and I paid him Rs. 200/-. This time these persons told me that his name was ‘MURAD’. Once I saw this person ‘MURAD’ at Green View Petrol Pump. Mr. A. F. Rahman was also there at that time. I do not know what they were doing.
I met Sk. Mujibur Rahman 6 or 7 days before his arrest. This was in May, 1966. He discussed with me about his six-point programme and he was very busy at that time. He told me that he might be arrested but he said he will form a revolutionary party and he will make it in such a way that if one is arrested, the other will carry out the programme. I did not see this Murad in any other place, after this. (The witness was asked to identify ‘MURAD’ if he was in the dock. The witness went near the dock, examined the accused persons in the dock and at last said, ‘I am not in a position to point him out”.)
I made a statement before a Magistrate. I cannot remember if I stated to the Magistrate that once I saw ‘MURAD’ in the office room of Mr. Ruhul Quddus. I do not remember if I stated to the Magistrate that Mr. Ruhul Quddus asked me whether Mrs. Sk. Mujibur Rahman had received the two lacs of rupees which was expected to come from outside. (Mr. Ismail objected to this question on the ground that his previous statement could not be treated as substantive evidence in the case. The short answer to this objection is that this is not being treated as substantive evidence. The witnesses are being put his previous statement in order to enable him to recall an incident if he can. The question is also objected to by Mr. Abdus Salam Khan on the ground that no foundation has been laid for bringing out this contradiction.) I do not remember if I went to the residence of Sk. Mujibur Rahman any time after that. I do
Record of Proceedings, Agartala Conspiracy Case • 537
not remember if I stated to the Magistrate that I went after 2/3 days to Sk. Mujibur Rahman’s house and enquired about the same but she did not reply. (When reminded of his statement before the Magistrate regarding his meeting ‘MURAD’ in October, 1966, the witness said, ‘I forgot that’). It is correct to say that in October, 1966 ‘MURAD’ came to me and I paid him Rs. 2,000/- as the third instalment and then he stated that he wanted Rs. 2 to 3 lacs for the purchase of arms and ammunitions from India or Indonesia. On hearing this absurd word I turned him out. At that time my driver Abdul Hashem was present. ‘MURAD’ never told me his real name. (The witness correctly identified Mr. Ruhul Quddus and Mr. A. F. Rahman, accused in the dock.)
538 . Record of Proceedings, Agartala Conspiracy Case
SPECIAL TRIBUNAL
RECORD OF PROCEEDINGS.
PRESENT.
31-10-1968
Mr. Justice S. A. Rahman, H. Pk., Chairman.
Mr. Justice M. R. Khan, S. Pk., Member.
Mr. Justice Muksum-ul-Hakim, Member.
For the prosecution: As before.
For the Defence: As before.
Accused Present: As before.
Witness on oath: As before.
CROSS-EXAMINATION OF P.W. 21. MD. MOHSIN:
TO MR. ABDUS SALAM KHAN:
Mr. Sheikh Mujibur Rahman when he met a few days before his arrest had told me that he would form a revolutionary party of the Awami League so that if one man goes to the jail another will take his place. I was not arrested by the police in this case. The police had brought me to the Rajarbagh Interrogation Centre and from there I was taken by the military personnel to the Signals Mess. I was brought to the Rajarbagh Centre on the 27th of January, 1968 and on the 28th January, I was brought to the Signals Mess. Less than 15 days time from that I was
taken before a Magistrate to have my statement recorded. Till then I was kept there. I was kept here for my own safety, voluntarily. After that whenever I needed to go out I went out with permission and came back. I am still here in the Cantonment under the same conditions. I use my own car which is kept at my house in Dacca. I telephone for it and my car comes. I could go out at any time by just sending the authorities a chit that I want to go out. I went out in this way from here sometime this time I was attended by military officers but I do not know their names. Again said, they were Intelligence Officers.
I also went to Khulna thrice. On two occasions Lt. Sharif went with me, on the third occasion another officer went with me but I do not know his name. I did not go to Chittagong. I have a Cold Storage at Khulna. It is not yet functioning because it is under construction. The sanction for it was given to me in October, 1967. I have also one Coal Depot at Khulna; that Coal Depot belongs to the Government. I have Provincial Boat Carrying contracts with the Provincial Government and also had transport contract with the Government. I also import Berlina cars. I have the sole agency for that car for East Pakistan. I have got a Mercedes Benz car myself. Actually, the car belongs to one of my friends and I am using it. I do not know where form my friend got it. My friend was in America for some time.
I am being kept alone in one room. I am supplied food by the military authorities. I see some other witnesses of this case, also in their rooms, when their windows are opened or when they go out, in the same building in which I live. I am now Staying in the 14 Div. Mess. Among those I saw are Mr. Rameez, Dr. Saeedur Rahman, Amir Hossain, Shamsuddin and Siraj.
Before my arrest, I had seen the Insurance Company working, to which I had contributed Rs. 10,000/-. The witness was asked by the Court whether he was arrested then he corrected himself and said, ‘I was not actually arrested’.
540 • Record of Proceedings, Agartala Conspiracy Case
For a meeting of a political party to be held in a hotel premise, some 15 to 20 thousand rupees would be necessary as expenses for Shamiana etc. I did not attend the Awami League party meeting myself.
When I paid Rs. 500/- to the person who subsequently gave his name as “Murad’ he did not say anything on receipt of the money. In the interval between the last time I met Sheikh Mujibur Rahman and his arrest, which was about a week, I did not meet him. I also know other leading members of the Awami League but very few of them. I did not talk to them about these matters. Sheikh Mujibur Rahman had told me on that occasion that the revolutionary party would resort to a constitutional programme. I know that some of the other leaders of the Awami League party were arrested after the arrest of Sk. Mujibur Rahman. There of them were Mr. Tajuddin, general Secretary, Mizanur Rahman, Acting Secretary, and Khondkar Moshtaque ahmed.
I have a nephew named Bachhu. In connection with his marriage, I had given a cheque for Rs. 5,000/- to Mr. A. F. Rahman while he was here, requesting him that if possible, he should arrange for some ornaments to be brought from Karachi for the marriage, He promised to do so and I got the ornaments but I do not know through whom they were brought. Most probably I gave him the cheque in March, 1966. In January-February, 1966, Mr. A. F. Rahman was in Dacca on leave. He has also got a telephone at his house here.
I know that the petrol Pump at the junction of Green Road and Mirpur Road was started by Mrs. A. F. Rahman with a loan from a Bank. I got this from Mrs. A. F. Rahman herself, who was very close to me. I also advanced some loans to her for this business. It is not correct to suggest that I made my statement to the Magistrate in accordance with the dictation of a Police Officer. It is not correct to suggest that the police tutored me to make a statement before the Magistrate and here to the effect that Murad told me that he wanted money for bringing arms and ammunitions from India or Indonesia. I did not talk to this gentleman
Record of Proceedings, Agartala Conspiracy Case • 541
who gave his name me as Murad about my conspiracy or any revolutionary movement. I gave him Rs. 500/- initially because he was an Awami League and wanted the money for that League.
My driver, Abul Hashem is no longer with me. He left the job and went away sometime after my arrest. I do not know if the police met this driver Abul Hashem or not. Ever since he had left the job he never met me. Mr. A. F. Rahman was in Dacca from January February, 1966 till his
arrest.
TO MR. MD. ISMAIL:
Mr. Ruhul Quddus at one time was Director of the Agricultural Development Corporation, Dacca. At that time he was residing at house No.251, on Road No.22, Dhanmondi Area. He was occupying that house from September, 1964 to June, 1967. It is correct that in April, 1967 he was appointed Vice-principal, Administrative Staff College at Lahore.
TO COURT:
Most probably in April or May, 1967 Mr. Ruhul Quddus left for Lahore to take up that appointment. (When reminded that he had just now stated in answer to the learned counsel that Mr. Ruhul Quddus had remained here till June, 1967, the witness stated “I made a mistake just now. Actually, I think he must have left for Lahore in September, 1967”).
TO MR. MD ISMAIL:
I do not know ex-corporal Amir Hossain.
TO MR. ATAUR RAHMAN KHAN:
I know Major Naser. He is the Officer-in-charge of military custody. I know Col. Sher Ali Baz Khan. I saw him at the time of my interrogation as well as in the Signals Mess. He had not interrogated me at Signals Mess about this case. He was not present when I was being questioned, but he was in the verandah of the room where I was interrogated.
542 • Record of Proceedings, Agartala Conspiracy Case
When I went with Lt. Sharif to Khulna on the occasions, we went by plane. I had myself arranged for tickets for both of us. I had asked the authority to let me go to Khulna and they selected Lt. Sharif to go with me. I did not want to go to Chittagong. A contract had to be entered between me and Eblic Ltd. at Chittagong in connection with the Cold Storage Plant. It is not correct that this document had to be executed in September, 1968. The date for its execution has not yet been fixed and the matter is still pending. I do not remember having applied to Major Naser to permit me to go to Chittagong. I do not think I require any further protection now. I can now leave this place of my own accord without taking any permission.
TO MR. JULMAT ALI KHAN:
Declined.
(No other counsel wishes to cross-examine the witness).
Chairman.
Member
Member.
Record of Proceedings, Agartala Conspiracy Case • 543
CORRECTION
11. 11. 1968.
P.W. 21, Md. Mohsin read over his statement to himself and now states as follows:
The statement is correctly recorded.
Chairman.
Member
Member.
544 . Record of Proceedings, Agartala Conspiracy Case
DEPOSITION OF P.W. 22, CORPORAL A. K. M. A. HAI
ON SOLEMN AFFIRMATION
My name is Corporal A.K.M.A. Hai, son of Anwarullah Bhuiyan, aged about 29 years of village Pathangar, P.S. Chagalnaiya, Dist. Noakhali.
TO MR. T. H. KHAN:
I joined the PAF on the 12th of February, 1968 as a Pre-Apprentice. I had an initial training for one year at Kohat. Then I was posted to Korangi Creek for training for 3 years in the then Apprentices School, in 1959 on completion of this training.
I was posted to PAF, Kohat. In 1962 I was again posted to Korangi Creek, Karachi. I was in charge of the Arms Store at Korangi Creek. There was also one room in which we used to put Salvage articles and that is known as the Salvages store or Junk Store. I used to go there also during my duties, in the last quarter of 1966, I went to the Salvage Store, and I found a dummy hand-grenade lying in that store. I took that dummy hand-grenade to my quarter because it was no longer required for service use. Everybody cannot take away anything from the Salvage Store but I did so as I was in-charge of that Store. Again said I was not in-charge of the store but I took it because that was part of my trade concern. The dummy hand-grenade Ext. P.W. 4/1 is similar to the one that I had taken from there.
I know Flt. Sgt. Mafizullah. I met him from time to time in connection with the queries about my pay and allowances. He was working as In-charge of the Accounts Section. Our families were visiting each other. In the middle of 1967, Flt. Sgt. Mafizullah visited my quarter and the dummy hand-grenade was lying on my table as a decoration
piece. He asked me to give the dummy hand-grenade to him. I enquired why he wanted to take it. He replied that he wanted to show it to his children. He took away the dummy hand-grenade with himself.
(Note:- The witness was repeatedly asked whether he agreed that Flt. Sgt. Mafizullah should take away the dummy hand-grenade. The witness first said that he did not remember and then that he said “OK”, when he was again pressed for the correct answer, “Yes, I agreed to it”.
I know Warrant Officer Mosharaf Husain, He was in-charge of the Library of the College of Aeronautical Engineering and I used to go the Library to draw books. When his family joined him, my family and his family came to be on visiting terms. About the middle of 1967 one day, I went to his house along with my family. While we sat talking at his house with him and his family, somebody knocked at the outer door of the house. Mosharaf Husain went and opened the door and found Flt. Sgt. Mafizullah there. Mosharaf Husain sat in the other room with Mafizullah while I and my wife were talking with the wife of Mosharaf Husain in the inner room, I could not hear what they were talking to each other. After Mafizullah then called me to the other room and I went there. After enquiring about my family affairs etc. he asked my opinion as to the disparity between East Pakistan and West Pakistan. I told him that while I was in service I had no opinion on such a question. I then called my wife and daughter to come out of the house. (The witness now says that at the time when Mosharaf Husain opened the door he found two men there, namely Flt. Sgt. Mafizullah and Sgt. Zahur). Both these men sat down with Mosharaf Husain the other room and they started talking. All the talk I have mentioned between myself and Flt. Sgt. Mafizullah took place in the presence of Sgt. Zahur. When I was leaving, it was Sgt. Zahur who said, “Are you going away?” I said, “Yes”. Then he said, “you have no love for your motherland?” I said, “Pakistan as a whole is my motherland” and I left. (The witness was asked if he could point out Flt. Sgt. Mafizullah. He went to the dock”, and looked for sometime at the accused persons and pointed out Sgt. Mafizullah correctly. The witness when asked to point out Sgt. Zahur after scrutinizing a long time the accused in the dock said “I cannot point him out”)
546 • Record of Proceedings, Agartala Conspiracy Case
CROSS-EXAMINATION OF P.W.22, CORPORAL A.K.M.A. HAI TO MR. ABDUS SALAM KHAN:
My police station is Chagalnaiya. It is under the jurisdiction of Feni Subdivision. I am still posted at PAF, Korangi Creek, Karachi. I came from there on the 16th of this month. I am staying in PAF Station, Dacca. I was given a signal from the Head quarters, Dacca, to come here for an appearance on Court. I am on duty now. I do not wear any uniform on duty. I have a uniform which I normally wear. I am not wearing a uniform because I am on pre-release leave. This leave of mine will expire on the 6th of November, 1958 which is the date of my release from service. I was given an option to continue in service but I have declined to do so. I have done so for personal reasons. I could have stayed outside also during the pre-release leave if I wanted. No officer came with me from Korangi Creek. I was asked to report myself at the PAF Headquarters, Dacca. I have completed my 13 years engagement in the PAF. My pre-release leave started from the 8th September, 1968. If I so wanted, I could have left Korangi Creek on the afternoon of the 7th September or on the morning of 8th September, I met Air Force police in February, 1968 in connection with this case. The Officer did not write down my statement but he took me to the Interrogation Centre and questioned me. I was at the Interrogation Centre for about an hour. It was towards the early part of February, 1968. I was later on called in Dacca to be interrogated by the civil police. At that time, I came to Dacca on temporary duty attached to P.A.F. Dacca, as at present. I came alone. Nobody accompanied me. I was interrogated at the P.A.F. hqrs. Camp in Dacca. I was not taken to the Rajarbagh Police station. I came to Dacca for this purpose towards the end of April or the beginning of May, 1968.
Besides these two officers, I did not mention about my meeting at the house of Mosharraf Hossain to anybody else. Dummy hand-grenade means it is not active. It was categorized by our Department as Salvage. I do not remember what other things were dumped in that salvage room. This room is located in a prohibited area. By this, I mean that others who do not work there are not allowed to go there. Nobody is checked when he leaves the salvage room because the rule is that when anybody enters the salvage area he is either guided by an employee of that section or led
Record of Proceedings, Agartala Conspiracy Case 547
to that area by authorized person. It was also my duty to put things in that salvage room which had been condemned. Sometimes I used to put things in the salvage store. At other times there were other persons putting things in that salvage store according to the direction of the officer-in-charge, as the duties were changed from time to time. There is an area where serviceable armaments are kept. When some of them become unserviceable then they are brought and kept in the salvage store. I was not present when this dummy hand-grenade was put in the salvage store. Probably in was put by somebody else. I was in-charge of small arms section containing serviceable arms. There is a stock register of the serviceable articles kept in the section. There is no register for unserviceable commodities in the salvage store. When there is an item which becomes unserviceable then the same is struck off from the register of serviceable stock. I do not know as to how unserviceable arms are, in fact, destroyed because I was never connected with the execution side of this process. The fact that this hand-grenade was a condemned one will be entered in the Magazine Loan Book showing that this has been struck of the Register. This is certified by the Central quality Control Inspectorate Team. The entry to the effect that the particular item is struck out is signed by the president of this Inspectorate Team. The full title of the Register is ‘Magazine Loan Book-Explosives Record, P.A.F. Korangi and Creek’. The dummy hand-grenade Ext. P.W. 4/1, bears marks and numbers. I have no idea whether these marks are mentioned in the register when they are struck off by the Inspectorate Team. The Magazine Loan Book is also called as ‘Ledger’. I do not know whether for a salvage store also there is a ledger. The arms stores are categorised under two headings-one is called ‘Explosives’ and the other is called ‘Small Arms’. Explosives are to be dealt with only by the armament people. They come themselves and inspect them personally and then “sentence” any unserviceable articles. By “sentencing” I mean that they are condemned and sent to the salvage store. With regard to the explosives, the Quality Control Inspectorate Team is quite competent to sentence them without sending them to the Ordnance Factory. These are kept for a time so that sufficient quantity may be collected and then ultimately disposed of either in the sea or somewhere else. I do not
548 . Record of Proceedings, Agartala Conspiracy Case
to that area by authorized person. It was also my duty to put things in that salvage room which had been condemned. Sometimes I used to put things in the salvage store. At other times there were other persons putting things in that salvage store according to the direction of the officer-in-charge, as the duties were changed from time to time. There is an area where serviceable armaments are kept. When some of them become unserviceable then they are brought and kept in the salvage store. I was not present when this dummy hand-grenade was put in the salvage store. Probably in was put by somebody else. I was in-charge of small arms section containing serviceable arms. There is a stock register of the serviceable articles kept in the section. There is no register for unserviceable commodities in the salvage store. When there is an item which becomes unserviceable then the same is struck off from the register of serviceable stock. I do not know as to how unserviceable arms are, in fact, destroyed because I was never connected with the execution side of this process. The fact that this hand-grenade was a condemned one will be entered in the Magazine Loan Book showing that this has been struck of the Register. This is certified by the Central quality Control Inspectorate Team. The entry to the effect that the particular item is struck out is signed by the president of this Inspectorate Team. The full title of the Register is ‘Magazine Loan Book-Explosives Record, P.A.F. Korangi and Creek’. The dummy hand-grenade Ext. P.W. 4/1, bears marks and numbers. I have no idea whether these marks are mentioned in the register when they are struck off by the Inspectorate Team. The Magazine Loan Book is also called as ‘Ledger’. I do not know whether for a salvage store also there is a ledger. The arms stores are categorised under two headings-one is called ‘Explosives’ and the other is called ‘Small Arms’. Explosives are to be dealt with only by the armament people. They come themselves and inspect them personally and then “sentence” any unserviceable articles. By “sentencing” I mean that they are condemned and sent to the salvage store. With regard to the explosives, the Quality Control Inspectorate Team is quite competent to sentence them without sending them to the Ordnance Factory. These are kept for a time so that sufficient quantity may be collected and then ultimately disposed of either in the sea or somewhere else. I do not
549 . Record of Proceedings, Agartala Conspiracy Case
I do not know when this hand-grenade, Ext. P.W.4/1 was seized by the police. It is incorrect to say that after the seizure of this hand-grenade I was tutored by the police to make a statement about it.
TO MR. ATAUR RAHMAN KHAN:
Declined.
TO MR. MD. ISMAIL:
I cannot say how many persons had accessed to the salvage store. I had no knowledge of anybody taking away any other items from that salvage store. I do not mean to say that nobody can take any items out of this salvage store before there is sufficient accumulation of items there. I also did not mean to say that anybody could take any number of items from that store at any time. The articles that were in the salvage store were in the possession of my section concerned. At that time, there was no officer-in-charge in that section. Then he says, I do not remember who was the officer-in-charge of our section at that time.
TO MR. BADRUL HAIDER CHOWDHUY:
The number of this hand-grenade reads 36 M-MK. I-ZAPDA and on the reverse TA & S. By its side is “45”. On the body of the hand grenade, the figure “1941” is only visible.
(No other counsel wishes to cross examine the witness.)
Chairman.
Member
Member
550 . Record of Proceedings, Agartala Conspiracy Case
CORRECTION
1.11.1968.
P. W. 22, Corporal A. K. M. A. Hai read over his statement made by him and says as follows:
In page 664, in the 1st line, instead of the words “Sgt. Mofizullah” there should be “Ex-Flt. Sgt. Mofizullah”.
The rest of the statement is correctly recorded.
Chairman.
Member.
Member
Record of Proceedings, Agartala Conspiracy Case 551
DEPOSITION OF P.W.23, MD. ABUL HASEM ON
SOLEMN AFFIRMATION
My name is Md. Abul Hasem, son of late Md. Ali Howladar, aged 45 years of village Kasipara, P.S. Baufal, District Barisal.
TO MR. ALIM:
I am an S.I. of police attached to the police Station Kotwali, Dacca. I see a search warrant handed over to me. This warrant was endorsed when I was the O/C of Kotwali to see some hotel registers on 8.1.68. Along with this went to the Dacca Hotel and seized 12 registers from that hotel, in the presence or Mumatazuddin Sikdar and Md. Zahir, witnesses. I prepared a seizure list for these articles. This search warrant is marked as Ext. P.W. 23/1. The relevant seizure list which is marked as P.W. 23/2 bears my signature. This hotel register of Dacca Hotel marked as Ext. P.W. 3/29 was also seized by me with the seizure list. The seizure list was signed by the search witnesses in my presence.
The Defence Counsel declined to put any cross-examination to this witness).
Chairman.
Member
Member.
SPECIAL TRIBUNAL
RECORD OF PROCEEDINGS.
1.11.1968.
PRESENT
Mr. Justice S.A. Rahman, H. Pk., Chairman.
Mr. Justice M. R. Khan, S.PK., Member.
Mr. Justice Muksum-ul-Hakim, Member.
For the prosecution: As before.
For the Defence: As before.
Accused present: As before.
Witness on oath: As before.
CROSS-EXAMIINATION OF P.W. 24, MD. MAMTAZUDDIN
SIKDAR:
TO MR. ABDUS SALAM KHAN:
The purpose of maintaining the hotel register is to enter the names and addresses of all the guests staying in the hotel and each guest is supposed to give particulars about himself in his own hand. The charges for the staying or other things in the hotel culminate in a bill for the boarder in duplicate, one copy being supplied to the guest and the other bill being retained in the hotel office. It is correct that there are single
CORRECTION
1.11.1968.
DEPOSITION of P.W. 24, Momtazuddin Sikdar was read over to him and interpreted in Bengali. He admitted the same to be corrected.
Chairman.
Member.
Member.
P.W. 27, Hashmat Ali has read his statement to himself and states that it is correctly recorded.
Chairman
Member.
Member.
P.W. 26, Md. Abul Basher has read over his statement to himself and states that it has been correctly recorded.
Chairman.
Member
Member
P.W. 29, Mr. Majibur Rahman has read over his statement to himself and states that it has been correctly recorded.
Chairman,
Member.
Member.
554 . Record of Proceedings, Agartala Conspiracy Case
SPECIAL TRIBUNAL
RECORD OF PROCEEDINGS.
1.11.1968.
PRESENT
Mr. Justice S.A. Rahman, H. Pk., Chairman.
Mr. Justice M. R. Khan, S.PK., Member.
Mr. Justice Muksum-ul-Hakim, Member.
For the prosecution: As before.
For the Defence: As before.
Accused present: As before.
Witness on oath: As before.
CROSS-EXAMIINATION OF P.W. 24, MD. MAMTAZUDDIN
SIKDAR: TO MR. ABDUS SALAM KHAN:
The purpose of maintaining the hotel register is to enter the names and addresses of all the guests staying in the hotel and each guest is supposed to give particulars about himself in his own hand. The charges for the staying or other things in the hotel culminate in a bill for the boarder in duplicate, one copy being supplied to the guest and the other bill being retained in the hotel office. It is correct that there are single
and double seated rooms in the hotel. In no case more than one guest in a single seated room and more than two guests in a double seated room are allowed.
No other Counsel wishes to cross-examine the witness.
Chairman
Member
Member.
Read over and admitted to be correct.
556 • Record of Proceedings, Agartala Conspiracy Case
DEPOSITION OF P.W.25, MD. ZAHIR ON SOLEMN
AFFIRMATION
(The witness was given an oath in Bengali as he does not know English, by the Assistant Registrar, Mr. Atiar Rahman).
My name is Md. Zahir, son of Md. Shahabuddin, aged 20 years, by faith a Muslim of 79/1. Lutful Rahman Lane, P.S. Kotwali, Dacca.
The witness was tendered for cross-examination. None of the Counsel wishes to cross-examine the witness.
Chairman.
Member
Member.
Read over and admitted to be correct.
DEPOSTTION OF P.W.26 MD. ABUL BASHAR ON
SOLEMN AFFIRMATION
My name is Md. Abdul Bashar, son of M. Hashmat Ali, aged 33 years, an Accountant of the National Bank of Pakistan, Jinnah Avenue, Dacca.
TO MR. ALIM:
On 15.1.58 a police Officer came to our Bank with authority to seize some documents. He seized from our Bank a Bank Draft Application Form. He prepared a seizure list. I signed it as a witness. The seizure list handed over to me is the one which was prepared by him and I see my signature on it. (This is marked as Ext. P.W. 26/1). I see Ext. P.W. 3/44. This is a Draft Application Form which the Police Officer seized on that occasion. Ext. P.W.3/43 is the draft that the Bank issued on this Applications form. I see the two registers of our Bank here. They were also seized by the same police Officer. (The registrars are now marked as Exts. P.W.s 26/2 and 26/3). I see the entry bearing the serial number 3928743 against the name of Lt. Moazzem Hossain. (They entry is now marked as Ext. P.W. 26/4). I see the entry No 5519 in the register handed over to me, of our Bank. I see the voucher of our Bank now marked as Ext. P.W. 26/5.
together show that the proceeds of a cheque issued by someone had been credited to Mr. Mujibur Rahman’s Account No.10999 (51). (The entry in the register is now marked as Ext. P.W.26/6). The date of this entry is 29th May, 1967. This particular voucher was seized by the police from our Bank on the 2nd February, 1968. A seizure list is now marked as Ext;.P.W.26/7). This bears my initials.
CROSS-EXAMINATION OF P.W. 26, MD. ABUL BASAR :
TO MR. ZAHIRUDDIN:
I had been in the National Bank of Pakistan from the 16″ of August, 1961. I had been working in the different branch. It was in February, 1966 that I came to the Jinnah Avenue Branch. The date of the draft Ext.P.W.3.43 is 31.3.66. I was posted in the Bills and Remittance Department of Jinnah Avenue branch. I was posted in that Department from February, 1966. None of these documents was written by me. The books to which I had referred in my evidence are maintained-by different clerks at different times. I see that in the document Ext. P.W. 3/44 the date originally put down was 314 February, 1966 and that has been crossed and 31st of March has been in Mr. Azaharuddin, Accountant of our Bank, also signed the seizure list. He was present.
(No other Counsel wishes to put any cross-examination question.)
Chairman
Member
Member
Read over and admitted to be correct.
Record of Proceedings, Agartala Conspiracy Case 559
DEPOSITION OF P.W. 27 MD. HASHMAT ALI. A.S.I. TEJGAON POLICE STATION ON SOLEMN
AFFIRMATION
My name is Md. Hashmat Ali, son of late Mr. Ainuddin, aged 45 years, by faith Muslim, now A.S.I. attached to the Tejgaon Police Station, Dacca.
I am attached to the Tejgaon P.S. as A.S.I. I was in the same police station in December, 1967 and January, 1968. On 9.12.1967 I searched house No. 821, Dhanmandi Residential Area, Road No.18 I seized from there one book in Bengali named “Pakistan Andoloner Bastubadi Bakhya’: 14″ August Amader Shadhinate Dibash etc. which means in English ‘Our Independence Day’. I also seized on that occasion a diary containing personal particulars in English of Mr. Ali Reza, a pocket diary (PAX) for the year 1967, one letter in Bengali addressed to Mr. Reza dated 3.8.67 from Mr. Muttalib, a list of persons starting with Mr. M. A. Quader, B.A., LL.B. and seven others, one notice dated 2.8.67 issued by the General Secretary, Mr. Shamsul Huq of the Association for Correction and Social Relations, E.P. Addressed to Mr. Ali Reza, along with the minutes of the meeting consisting of three pages, one notice dated 29.4.67 issued by the General Secretary Mr. M.S. Huq, addressed to Mr. Ali Reza, Bill No.18 dated 4.11.67 and other documents which are detailed in the seizure list marked Ext. P.W. 27/1. One of the items seized according to the Seizure List is the diary now marked Ext. P.W. 27/3. Item No.4 in the Seizure List is a document now marked Ext. P.W. 27/3. Item No.8 in the Seizure List is the document now marked Ext. P.W. 27/4 which is a hotel bill. The date of the Seizure List is 9.12.67. The Seizure List bears my signature. Two witnesses were present and
560 • Record of Proceedings, Agartala Conspiracy Case
also signed the Seizure List. The witnesses were one Md. Abul Bashar and the second Aftab Hossain Munshi. The Search Warrant handed over to me and marked Ext. P.W. 27/5 was given to me for execution.
This is the search warrant relating to the recoveries mentioned in the Seizure List, Ext. P.W. 27/1. Mr. Ali Reza was present at the time of the search.
CROSS-EXAMINATION:
TO MR. ATAUR RAHMAN KHAN :
House No 821, Road No. 18, Dhanmondi Residential Area is not within the jurisdiction of Lalbagh P.S. I find from the warrant Ext. P.W.2715 that the address of Mr. M.A. Reza is given as 821, Dhanmondi Residential Area, Road No. 18, and P.W. Lalbagh District Dacca. This warrant, I find, was originally addressed to O.C., Lalbagh P.S. and Lalbagh has been cut out and it was then addressed to Tejgaon P.S. I do not know who had made that correction. I find no initials on this correction. It is correct that S.I. Khairat Ali was with me during the search. He was an Officer superior to me. Mr. Khairat Ali Was S.I. of Lalbagh P.S. There was also a Head Constable with me who belonged to the Special Armed forces. Circle Inspector of Lalbagh had deputed Mr. Khairat Ali to go with me but there is no endorsement to that effect in the warrant. The search took place between 5 A.M. and 7 A.M. I cannot recollect now from which place of the house I recovered the diary Ext. P.W. 27/2. The Seizure List also does not mention the place from which it was taken, nor can I remember from where I took the letter Ext. P.W. 27/3. This fact is also not mentioned in Seizure List. I cannot remember if this letter was in an envelope or without it. Nor can I remember if the hotel bill Ext. P.W. 27/4 was found in an envelope or without it. These three documents were found in a different place in different rooms. These documents were recovered from am Almirah and Box I cannot now, however, say which document was recovered from Almirah and which from Box. Besides Mr. Ali Reza, there was only his servant present at the house at the time of the search.
Record of Proceedings, Agartala Conspiracy Case 561
There were three or four rooms in the house. I found no female members of the family in the house. I searched all the rooms in the house. I had told Mr. Ali Reza before starting the search that if there were any women-folk, they should be removed. Mr. Khairat Ali stood outside the building while I was searching. This the way he helped me. The Head Constable also stayed) outside the rooms. Inspector R.H. Chowdhury of City Special Branch was also with me inside the room at the time of the search. I did make a report on the back of the search warrant. In that report, I did not mention the presence of Mr. R.H. Choudhury. The two witnesses were also with us inside the room at the times of the search. I had taken the witnesses long from their houses. Both of them were neighbors of that house. I took them from their houses for the search. I sent the report on the back of the warrant on 9.12.1967 at about 10 A.M. I also arrested Ali Reza and produced before the D.S.P. Police Office at Santinagar at about 7 A.M.
TO MR. MD. ISMAIL:
The Inspector of the special Branch was in plain dress.
TO MR. ZAHIRUDDIN:
I did not search for any house on road No. 19 Dhanmondi. No warrant of arrest had been given to me for the arrest of Ali Reza. In the ordinary course, when I seize articles in course of search I sent it to the Sub-Divisional Magistrate, Dacca, through the D.S.P, Special Branch, The warrant for a search had not been given to me through Special Branch. I had received no order from the Sub-Divisional Magistrate to send these articles through the Special Branch. The order was to send articles seized forthwith to the Sub-Divisional Magistrate. I had passed on those articles to the Special Branch because they were dealing with the case. There is no endorsement on the search warrant giving the number of the case to which it pertains. The endorsement of the Officerin-Charge on this warrant also does not refer to any case number. I had mentioned in my report on the warrant that I had observed all the formalities. The endorsement of the Officer-in-Charge of Tejgaon
562 • Record of Proceedings, Agartala Conspiracy Case
marked the search warrant to me for execution. The Special Branch Officer had come to the police station and accompanied me to the house. I did not send for the Special Branch Officer to the police station. There was no Air Force Officer accompanying me for the search. Inspector R. H. Chowdhury, a Head Constable, two Naiks and ten constables were accompanying me from the Police station. The Special Branch Officer was also with me. Only the Inspector was in plain dress. We all started in a Thana jeep. There was no other car going along with the jeep from the police station.
The addresses of the search witnesses are included in column three or the seizure list. I was leading the search party. The house was surrounded first and then I picked up search witnesses. I sent somebody else to pick up the search witnesses. It is not correct to say that I did not observe the formalities of search and allowed unauthorized entry of others into the premises at the time of a search. It is not correct to say that Ali Reza does not reside in road No 18. As a matter of fact, he was in house number 821 on road number 19. It is not correct to say that the search witnesses, of whom I have spoken, do not reside on road number 18 and those they were police agents. In fact, they reside on the road number 18.
No other counsel wishes to put any question in cross-examination.
Chairman
Member.
Member.
Read Over and Admitted to be correct.
Record of Proceedings, Agartala Conspiracy Case • 563
DEPOSITION OF P.W. 28, AFTAB HUSSAIN MUNSHI
ON SOLEMN AFFIRMATION
(The witness was given an oath in Bengali as he does not know English by the Assistant Registrar, Mr. Atiar Rahman, who also acts as the interpreter.)
My name is Aftab Hussain Munshi, son of Zahiruddin Ahmed, aged 43 years of village laman Kati, P.S. Nalchitti, District Barisal, now I am residing at Idgha, Road No,.18 Dhanmandi Residential Area, Dacca.
TO MR. T. H. KHAN:
I was present at the time of search of the house. That house is located at Road No. 18, House No. 821 in Dhanmandi Residential Area. The police prepared a seizure list after the search. It was signed by me. The seizure list Ext. 27/1 bears my signature. Whatever articles were seized from that house were entered in the seizure list. I cannot remember now what articles they were.
CROSS-EXAMINATION OF P.W.28, AFTAB HUSSAIN MUNSHI’.
TO MR. ATAUR RAHMAN KHAN:
I also reside at Road No. 18. That is not my own house. That is Mr. Ashek’s house. I reside there as a licensee. I have been residing for the last 8/10 years. I reside there alone. Two other laborers are also residing in that house. I am a mason. The house where I reside is on the other side of the house No. 821 across the Road. Many respectable persons reside in that locality. I was called by the police to witness the search. That was
at dawn at about 5 A.M. That search was conducted by Police Officer of Tejgaon P.S. They were all in uniforms. None of the Police Officers was in plain clothes. The Police Constables were with arms. I signed the seizure list in the same place where the seizure was made. All the rooms in that building were searched. There were no female members present in the house at that time. At the time of the construction of the house, I also worked there but after the house was rented out I never went there.
TO MR. MD. ISMAIL:
I can read the Bengali writings of this seizure list. The seizure list was prepared between 6-30 and 7-30 A.M. in that very house. The seizure list was prepared in the Drawing Room. I signed with the pen of the police.
TO MR. ZAHIRUDDIN:
When I went there, there was only one member of the public besides the police. There were many police people present there. Their numbers were about 25 or 26. There were a jeep and a few baby taxies. I was there for about 2 hours. No other Counsel wishes to cross-examine the witness.
Chairman.
Member.
Member
Record of Proceedings, Agartala Conspiracy Case • 565
DEPOSITION OF P.W. 29, MUJIBUR RAHMAN ON
SOLEMN AFFIRIMATION.
My name is Mujibur Rahman, son of late Afsaruddin Ahmed, aged 36 years, by faith a Muslim of village Narangail, P.S. Ghatail, District Mymensingh, at present attached to the Reserve Office, Police Line, Dacca.
TO MR. T. H. KHAN:
On 8-1-68 I was attached to Sutrapur Police Station. Now I am attached to Reserve Office, Police Lines, Dacca.
This search warrant which was given to me for execution (The search warrant is marked Ext. P.W. 29/1). This was endorsed by me and the O.C.I executed this search warrant and seized five hotel registers, from Hotel Arzoo, Dacca. I prepared the Seizure list marked Ext. P.W. 29/2. This bears my signature. In pursuance of this search, I seized this hotel register now marked Ext. P.W. 29/3 and this is item No. 3 in the Seizure List. I prepared the Seizure List in the presence of Omar Fateh Khan and Anwarul Islam. They were present at the time of search and they signed the Seizure List. I prepared this Seizure List at Hotel Arzoo at the time of seizure.
(None of the counsel wishes to cross examine the witness)
Chairman.
Member
Member.
Admitted to be correct.
DEPOSITION OF P.W.30, OMAR FATEH KHAN ON
SOLEMN AFFIRMATION
My name is Omar Fateh Khan, son of late Abdur Rahim Khan, aged about 50 years, by faith Muslim, of village Barakpur, 24-paraganas, now residing at Hotel Arzoo, Dacca. I am a Manager, Hotel Arzoo.
I am a Manager, Hotel Arzoo, Dacca. This hotel register Ext. P.W. 29/3 is a register of our Hotel Arzoo and this seized by the police in my presence. On the seizure list that was prepared by the police I signed and the Seizure List Ext. P.W.29/2 bears my signature. I see the serial No 198 at page 11 of this Register and I find the name entered there is on Mr. M. M. Rahman. There is a column in this entry for signatures and this signed by Mr. M. M. Rahman. I cannot remember whether it was signed in my presence. The entry is marked P.W. 30/1.
CROSS-EXAMINATION:
TO MR. JAHIRUDDIN AHMED:
There are over-writings over the serial numbers of this page from 191 to 196. There is also over-writing on the serial Nos. 209, 210 and 211 on the next page. I cannot say exactly as to who has done these overwritings. This particular entry at serial No. 198 shows that the boarder arrived on 8.7.67. Anybody who wishes to reside in a hotel including mine has to enter his name and particulars in the hotel register. Nobody can reside in a hotel without doing so.
(No other Counsel wishes to ask any question in cross-examination.)
Chairman.
Member
Member
Admitted to be correct.
DEPOSITION OF P.W. 31, ANWARUL ISLAM ON
SOLEMN AFFIRMATION
My name is Anwarul Islam, son of Md. Farooq, aged 37 years, by faith Muslim of 109, Nawabpur road, Dacca.
I was present at a search at the Hotel Arzoo by the police. Seizure list was prepared after the search and I signed that Seizure List. This Seizure List Ext. P.W. 29/2 bears my signature as witness. The search was made in my presence and the seizure list was also prepared in my presence. The police had seized certain registers.
CROSS-EXAMINATION:
TO MR. JAHIRUDDIN AHMED:
I am not an employee of the Arzoo Hotel. The premises opposite to my place of residence are ‘Hashi Stores’. Arzoo Hotel is three shops away from my place of residence. I work in a shop. It is a paint shop. It is known as ‘East Pakistan paint Supply’ which is adjacent to Arzoo Hotel.
(No other counsel wishes to cross-examine the witness.)
Chairman
Member.
Member.
Read over and admitted to be correct.
DEPOSITION OF P.W. 32, MD. AZHARUL ISLAM ON
SOLEMN AFFIRMATION
My name is Md. Azharul Islam, son of Late Mvi. Zarafatullah Sarker, aged 38 years by faith Muslim of National Bank, Motijheel, Dacca.
I am an Accountant in the National Bank of Pakistan, Local Office, Dacca Jinnah Avenue. I am serving there since August, 1966. A search was made in our Bank and a seizure list was prepared by the police and I signed that seizure list. The seizure list is P.W.26/1 and it bears my signature. The seizure was made of 15.1.1968, certain documents were taken from the Bank which were mentioned in the seizure list. The search was made in my presence and the seizure list was prepared in my presence.
CROSS-EXAMINATION:
(No Counsel wishes to cross-examine the witness.)
Chairman.
Member
Member.
Read over and admitted to be correct.
SPECIAL TRIBUNAL
RECORD OF PROCEEDINGS.
4-11-68.
PRESENT.
Mr. Justice S.A. Rahman, S.PK., Chairman.
Mr. Justice M.R. Khan, S. PK., Member.
Mr. Justice Muksum-ul-Hakim, Member.
For the prosecution: As before.
For the Defence: As before.
Accused Present: As before.
Witness on oath: As before.
DEPOSITION OF P.W.33. M. A. MANNAF. D.S.P. SPECIAL
BRANCH, EAST PAKISTAN:
My name is M.A. Mannaf, son of late Badruddin Ahmed, aged about 33 years, by faith Muslim. Now I am Deputy Superintendent of police, Special Branch, East Pakistan, Dacca.
I have been attached with the Special Branch Police, form June, 1964 as D.S.P. On the 13th of December 1967 I was informed by the Deputy Inspector General of Police, Special Branch, East Pakistan, that I would be a member of the Interrogation Team consisting of five other gentlemen. I was asked specially to interrogate Amir Hossain Mia as a member of that team. At about 4 P.M. I went to the City Special Branch police, Dacca and found some of the members of the team already
there. One P.A.F. Officer was in-charge of the team and I reported myself for duty to him. We found Amir Hossain Mia in a room of that building sitting on a chair. Two or three members out of the team including myself put questions to Amir Hossain Mia. In consequence of a statement made by him, I made a search of his house are Santinagar. The search was actually arranged through the Ramna Police. I went with the search party myself. As far as I remember one or two documents and one or two photographs were found from the house. I returned to the office at 6.30 or 7 P.M. At 8 A.M. next morning I again reported myself for duty and we interrogated Amir Hossain Mia again. He mentioned two diaries which he had kept in his bag in his office with Chowkidar Rahmat Ali at 28, Nayapaltan. Amir Hossain Mia gave me a slip addressed to Chowkidar Rahmat Ali asking him to make over the diaries to me. With this slip, I went to the S.D.M’s Court, Dacca and obtained a search warrant. I see the search warrant here which is now marked Ext. P.W.33/1 accompanied by an Inspector of Special Branch, an A.S.I. and some Constables. I went to 28 Nayapaltan at about 10 A.M. I saw Mr. Ashrafuddin Ahmed who was head of that office and showed him the chit. He called Rahmat Ali and directed him to deliver the two diaries to me. Rahmat Ali took us to the store room where the bag was lying. The chowkider then took the bag from there to the office room of Mr. Ashrafuddin Ahmed. The bag was found locked and we had no key with us. I sent the Inspector to Amir Hossain again to get the key from hi. He returned in about 15 minutes with the key with that key I opened the bag. A lot of papers were found inside the bag. I made a seizure list of papers which were recovered from there and of the bag, key, lock and the chit. The seizure list is Ext. P.W. 33/2. Mr. Ashrafuddin Ahmed, Survey Officer-in-Charge of the office, Mr. Karim, C.S.O. Regional Office and Inspector Ahmed Hossain and A.S.I., Abdul Latif were present at the time of the seizure. I had prepared the seizure list in my own hand. The bag Ext. P.W. 3/62 is the same and it is entered at serial 1 in the seizure list. The lock is also on it as I found it. This is item No. 2 in the list. The key is also mentioned as item No. 3 in the list. I see the chit here, Ext. P.W.3/37. This is the same which had been given to me by Amir Hossain Mia. This is item
Record of Proceedings, Agartala Conspiracy Case • 571
No. 4 in the list. I see the documents Exts. P.W. 3/1, P.W. 3/2, P.W. 3/3, P.W. 3/7, P.W. 3/9, P.W. 3/11, P.W. 3/12, P.W. 3/14, P.W. 3/24, P.W. 3/25, P.W. 3/26., P.W. 3/27, P.W. 3/32, P.W. 3/35, P.W. 3/36, P.W. 3/41, P.W. 3/46, P.W. 3/47, P.W. 3/49, P.W. 3750, P.W. 3/54, P.W. 3/55, P.W. 3/60, P.W. 3/61, P.W. 3/63, P.W. 3/64, and P.W. 3/65 here in Court . They were all seized by me and they are entered in the seizure list.
The Pass Book now marked Ext. P.W. 33/3 was also seized by me on this occasion and entered in the seizure list. I also seized the list of names now marked Ext. P.W. 33/4, a Bengali letter now marked Ext. P.W. 33/5, an application in English now marked Ext. P.W. 33/6, another list of names in English now marked Ext. P.W. 33/7, the slip now marked Ext. P.W. 33/8, the documents now marked Exts. P.W. 33/9, P.W. 33/10, P.W.33/11, P.W. 33/12, P.W. 33/13, the pay- in-slip book Ext. P.W. 33/14, the identity card, Ext. P.W. 33/15, documents Ext. P.W. 33/16, P.W. 33/17 and P.W. 33/18, along with the envelope now marked Ext. P.W. 33/19, the money order receipt Ext. P.W. 33/20 and the envelope Ext. P.W. 33/21 and entered them in the seizure list. The letter in Bengali Ext. P.W. 33/22 with the envelope Ext. 33/23, the pamphlet Ext. P.W. 33/24 are also documents which I had seized on that occasion and which are duly entered in this seizure list. There are certain other documents also included in this seizure list. All these documents were found in the bag. The two diaries P.W. 3/66 and P.W. 3/67 were also among the documents found in the bag and they were entered in the seizure list. The persons I have named as witnesses had signed the seizure list and they also signed their initials on the documents that were seized.
In column No. 4 of the seizure list the name of the officer, seizing documents is mentioned there as Abdul Latif, an A.S.I. of Rahman P.S. who was accompanying me. He signed it in that column because he was in uniform and I was in plain dress although in actual fact I was the officer who had seized the documents. On the following day, I put the seizure list before the S.D.M, Dacca and he put his initials on each sheet of the seizure list.
572 . Record of Proceedings, Agartala Conspiracy Case
CROSS-EXAMINATION OF P.W.33 M. A. MANNAF.
TO MR. ABDUS SALAM KHAN :
All the documents listed in the seizure list were not found in the Bag. Some were found outside. Again said, all these documents mentioned in the seizure list were found in the bag. The key, the lock and the chit were, of course, not in the Bag. Eight copies of a pamphlet in Bengali now marked as Ext. D.1/1-8 and 24 copies of the pamphlet in Bengali market as Ext. DI/9-32 were also found in the same Bag. When a Cognizable case is under investigation, a police officer does not require any search warrant to conduct any search. As far as I remember there was also a search warrant issued for the house of Amir Hossain Mia in Santinagar. That search warrant might be with the Ramna police. I did not search any other place in connection with this case. I did not take down any note about what Amir Hussain Mia had told me concerning the diaries and Bag I was interrogated by me Investigating Officer about this search which I had conducted in this case. The Officer concerned was Mr. Ahsanullah, Inspector. When a witness is concerned under section 161 of the Code of Criminal Procedure during the investigation of a case, either a short-note or a full record of what he states is kept. I did consider that the two diaries that Amir Hussain Mia mentioned to me may be of importance in this conspiracy case. The question whether I needed a search warrant to take possession of these diaries or not, is a legal question on which there may be some dispute and I, therefore, thought it so far to obtain a search warrant. I was personally not sure as to the correct legal position in this respect. I have in my career as a police Officer seized alamats during an investigation without a search warrant. I had submitted a formal application in the Court for issuance of a search warrant. As far as I remember I submitted in that application that I wanted to search the C.S. Office at No. 28, Naya Palton, Dacca, in order to seize two diaries and other documents, if any, from there. It was not Amir Hossain Mia who mentioned the other documents to me. I myself thought that there may be some other documents. I had not put any question to Amir Hossain Mia to find out if he had any other documents besides these
Record of Proceedings, Agartala Conspiracy Case • 573
diaries. Amir Hossain Mia was in the Office of the city Special Branch when the key was taken from him. The key must have been taken from Amir Hossain Mia at about 10 or 10-30 a.m. of 14.12.67. He gave us only one key The Inspector when I sent to get the key is Ahmed Hussain. The road in front of the C.S. Office is a small one. I do not think that trucks ply on that road. But cars and rickshaws might be passing from there. I do not know whether there are other offices located on either side of that building or near about it. The store room from which the Bag was found on the first floor. I could have myself marched the store room on the authorities of the search warrant without the assistance of anybody else. Amir Hossain Mia had not mentioned that the Bag was in the store room of the office. He had told me that it was with the Chowkidar. Before the Bag was brought from the store room we also entered with the Chowkidar in that room and the Chowkidar there pointed out the Bag to us. The Bag was lying on a head of old papers on the floor. The store room was not locked when we went there. We did not find anybody working in that store room. I did not seize or search anything other than the Bag itself. I met the Chowkider in the Main Office of Mr. Ashrafuddin where he was called. I did not send any man in advance before going to the office myself, either on that day or any other day. It is not correct to say that I had inspected the C.S. Office building on the previous day. I find form the seizure list that in all there were three diaries seized and some lose sheets of diaries.
I interrogated Mr. Amir Hossain Miah in the city special Branch at Shiddeswari for two/three days. 2/3 other officers interrogated him in my presence. 2/3 persons sat together to question him. They were all putting questions one after another. On the first day, he was interrogated for 34 hours and on the second day half an hour after we began, he gave us the information about the diaries. The statement that he made to us was not a long one. It may cover one foolscap paper if it was written down, or it may be less. It is not correct to say that Amir Hossain was put under threat and pressure and then he made the statement to us. It is not correct to say either that Amir Hossain colluded with the police officers to have recovery made of the diaries.
574 . Record of Proceedings, Agartala Conspiracy Case
As far as I remember Amir Hossain was kept in the City Special Branch for 6/7 days and then sent to Dacca Central Jail. He was in those days being interrogated by others There were 5 other persons of the Interrogation Team including Mr. Rahman of the P.A.F., Mr. Jabanullah, Inspector, Special Branch, Mr. Kamaluddin Ahmed of the Central Intelligence Bureau, Mr. Shamsul Alam Inspector, Special Branch and Ahmed Hossain of the Special Branch. I do not know if they kept any note of what they elicited, by their interrogation.
I might have seen these pamphlets marked Ext. DI/1-8 and DI/9-32 earlier than the search in the C.S. Office. Those documents which I might have seen earlier may have been like these or copies of these. It is not correct to suggest that these pamphlets and letters and other documents which I said were found in the Bag, were planted by the police there. I do not know Lt. Sharif. I did not submit any report about the recovery to the S.D.N. Again said, I had not submitted any separate report but only reported on the back of the search warrant and put up the same to the Magistrate along with the seizure list. I did not prepare any report or diary for the inspection of my superior officer. I have no personal diary. I had not submitted a report to the officer who had nominated me to the Interrogation Team.
TO MR. NAZIRUDDIN AHMED:
Declined.
TO MR. MD. ISMAIL:
I did not record the statement of Amir Hossain in a big diary. I was making notes after each answer that he gave to me. I did not see others interrogating him in my presence and taking down any notes.
TO MR. ATAUR RAHMAN KHAN:
The entire writing in the search warrant marked Ext. P.W. 33/1 in Bengali is mine and the S.D.M. only signed it. There is some over writing concerning the word ‘Naya Paltan’ in this warrant. Originally I wrote Purana Palton, under confusion and I corrected it. I did not put my initials on the correction. As far as I remember, the S.D.M. from the Magistrate’s office at about 9 or 9-15 A.M. I went to the C.S. Office at about 10 A.M. for the
Record of Proceedings, Agartala Conspiracy Case • 575
search. I got the chit from Amir Hossain at about 8-45 or 9 A.M. on that day. I do not think, that my authority as a Police Officer to conduct a search, ceases when I am transferred to the Special Branch.
TO MR. ABDULLAH:
I did not know anything about this case before. I was deputed by the D.I.G., Special Branch to be one of the members of the Interrogation Team. The only job assigned to me was to interrogate Amir Hossain. The duty of an Interrogating Officer is to interrogate and to make incidental enquiries which also comes within the purview of the interrogation. To verify the replies obtained in interrogation I was also entitled to search. In my opinion that also comes within the category of interrogation. I could not go up to an investigation of the case itself in pursuance of my authority. I was not assigned the investigation of the case. The police were in-charge of the investigation and not the Army. I do not know at which police station this case was registered. There was a team of investigators. There were three or four officers in-charge of investigation of this case one after another of them I know the name of Mr. Majid, S.P (Special Branch) who was initially incharge of the investigation of the case. There was another S.P. afterwards whose name I do not know. The present S.P. in-charge of this case is Mr. Khaleq. When I was appointed a number of the interrogation team, then Mr. Majid, S.P. (Special Branch) was in-charge of the case as far as I know he is one of the S.Ps. of the Special Branch. There is a confidential section in the Special Branch where information’s are collected.
As I found a lot of documents in the bag I did not search any other part of the office for other documents.
A.S.I. Abdul Latif was standing there at the time of the search as the witness. I do not know whether Mr. Majid, S.P. (Special Branch) played any part in the investigation personally
No other Counsel wishes to put any question in cross-examination.
Chairman.
Member
Member
576 • Record of Proceedings, Agartala Conspiracy Case
4.11.1968.
DEPOSITION OF P.W. 34, MIR ASHRAFUDDIN AHMED
My name is Mir Ashrafuddin Ahmed, son of late Mir Hafizuddin Ahmed, aged 45 years, by faith Muslim of village Kazi Kashba, Daraga Bari, P.S. Munshiganj, District Dacca, at present of Survey Officer, C.S.O., Regional office, 28, Naya Palton, Dacca.
I am at present serving in the Central Statistical Officer, 28, Naya Palton, Dacca. I am serving there since January, 1967. I know Amir Hossain Mia who was an investigator in our office. On the 14th December, 1967 there was a search by police officers in my office in my presence. A search list was prepared before me and I signed that search list. This search list is Ext. P.W. 33/2 and it bears my signature. All the documents that were seized by the police were entered in the Seizure List.
CROSS-EXAMINATION
TO MR. ABDUS SALAM KHAN:
At the time of the search, I was the head of the C.S.O. office, Dacca. Our office is on the first floor of the building. On the ground floor is
the owner resides. There are nearly 8 rooms on the first floor of the building. There is a store room where we keep our stationery and schedules and also valuable articles. The store room is kept under lock
and key. The key is retained by the Assistant who is in-charge of the store. He is Mr. Abdul Latif. Whenever any article is needed to be brought out from the store room then Mr. Abdul Latif goes and opens the door and brings it out. A duplicate key is also kept with me being the head of the office. Only I and Mr. Latif could open this store room. Generally, the local addresses of the staff of this office are not kept in my office. Though their addresses are not kept in the office still they can be contacted because the Chowkidar generally knows where they reside. If I issue any order for communication to any of the staff, it would be the duty of the office to contact them and to communicate the information to them. I do not know whether the office generally keeps such information. There are personal files of the staff. The personal files of the Investigator are not maintained in our office. The function of an Investigator is to help a Survey Officer in doing the correspondence and other office work. The Investigators draw house rent also. The house rent drawn by them is on a percentage basis of their salary subject to a maximum. In order to pass their bills for house rent, the addresses of their houses are also to be maintained.
Chowkidar Rahmat Ali is not attached to any particular officer. He was the only Chowkider for the whole office. Apart from him, there are other peons as well. The Chowkidar’s job is to guard the office building and other furniture. I used to sit in a separate room as I was the head of the office. Clerks used to sit in more than one room. There used to be several clerks in one room. One investigator used to sit in one room though it did not have a complete partition. On the other side of the partition, the typists used to have their seats. The room occupied by the Investigator would be about 10 ́x 12′.
Both the portions together could be about 18’x 12′.
The Typists used to type the correspondence which used to be prepared by the Investigator as well as by other staff of the office. After Amir Hossain joined my office, he was called once to Karachi during my time. My period was from January, 1967 to July, 1967 after which I took
578 . Record of Proceedings, Agartala Conspiracy Case
leave for three months. I am still in that office. There has not been any new Investigator in my office in place of Amir Hossain Mia. He was the only Investigator. I paid the salary of Amir Hossain up to May, 1968. After that, I proceeded on leave in July, 1968 for three months. I have very recently joined this office again, i.e. on the 7th of October, 1968. I do not know whether they are still paying the salary to Amir Hossain Mia.
Amir Hossain Mia was called to Karachi by telegraphic advice. Karachi is the Head Office of our department. When a telegraphic message comes summoning a Member of the staff to our Head Office we consider that message to be an urgent one. On receipt of that telegram from Karachi, I issued a letter to him asking to go Karachi immediately. Ext. P.W. 3/39 contains my endorsement and signature requiring Amir Hossain’s compliance with the directive of the Head Office. Amir Hossain also noted this order. On the day of search, before the search was actually conducted, a police Officer came at about 8-30 A.M. in the morning to enquire from the Chowkidar Rahmat Ali, about something. Chowkider told me about this. The search continued from 10 A. M. to 4 P.M. By that I mean at 4 P.M. the police party left the Office. No other persons from other office were called to witness the search.
I never had any idea whether any of our staff kept any of their personal belongings in the office. During the absence of Amir Hossain to Karachi, there was no enquiry made by anybody regarding him in my office. I knew that he was a married man and he had a family. None of his family members had come to enquire about him during his absence.
TO MR. NAZIRUDDIN AHMED:
The store room is on one side of the building. There is only one door in that storeroom. There is only one window in the room and it opens on the outside. Private things belonging to any person cannot be kept in the office store room without permission. No permission was taken by anybody from me for keeping any private things in the store room. The lock of the store room is a costly one and not an ordinary one. When
Record of Proceedings, Agartala Conspiracy Case • 579
Amir Hossain went to Karachi to meet the Officer in the Head Office no particulars are entered against his name in our office after his arrest. The Head Office knows about that. The salary of Amir Hossain is paid under the orders of the Head Office, Karachi. The suspension order of Amir Hossain is still continuing. Under the rules, during the suspension period, a part of his salary is paid. Amir Hossain also is paid a part of his salary which is one-third of his salary.
(No other counsel wishes to put any question to cross-examination the witness.)
Chairman.
Member
Member
580 . Record of Proceedings, Agartala Conspiracy Case
DEPOSITION OF P.W. 35, M. A. KARIM ON SOLEMN
AFFIRMATION
My name is M.A. Karim, son of late Munshi Sekandar Ali, by faith a Muslim, aged 32 years of village & P.O. Sarail, *Dist. Comilla.* P.S. Sarail.
TO MR. T.H. KHAN
I am Field Coordinating Assistant in the Central Statistical Office, Dacca, since 9th February, 1967. I know Amir Hossain; he was a Statistical Investigator in our Office. There was a search in our office on the 14th December, 1967 by the police and I am aware of that. I came a bit late in the Office on that day that is at 10 A.M. When I was called to
lying on the table. I was then asked to endorse these papers which I did. As the actual papers were recovered from the office, those papers were
bears my signature on each page.
CROSS-EXAMINATION OF P.W.35, M.A. KARIM:
TO MR. ZAHIRUDDIN:
I came to office a bit late but I do not remember the exact time it may be 10 or 10-30 A.M. The peon came and told me that I was wanted by the Survey Officer in his Office. I found in the room of the Survey
that they were from S.B. Office. One of them was in Police uniform and others were dressed in plain clothes. The seizure list was prepared at about 5 P.M. I could not do my normal work in the Office on that day as I had to sit in the room of the Survey Officer. Neither I was searched after my entrance in the room of the Survey Officer nor did I search the other persons present in that room. The name of that peon is Ansar.
(No other Counsel wishes to put any question to cross-examine the witness.)
Chairman.
Member.
Member
582 . Record of Proceedings, Agartala Conspiracy Case
DEPOSITION OF P.W. 36, RAHMAT ALI ON SOLEMN
AFFIRMATION
(The witness was interpreted the oath in Bengali by the Assistant Registrar, Mr. Atiar Rahman, as he does not know English. The Assistant Registrar also interprets the evidence of the witness.)
years, by faith a Muslim of village Goalmari, P.S. Daukandi, Dist. Comilla.
TO MR. T.H. KHAN:
I have been working in the C.S. Office for the last 2 or 25 years. The C.S. Office is situated at Naya Paltan, Dacca. I knew Mr. Amir Hossain who was my Officer in the Office. I was the Chowkidar in the Office. I do not know if Mr. Amir Hossain went outside East Pakistan during the course of his service in our Office. The Head Office of our department is located in Karachi. Amir Hossain went to Karachi once. (The witness said this, in answer to a question whether Amir Hossain had ever gone to Karachi.) Before going to Karachi Amir Hossain left a bag with me. (This was in answer to a question by the prosecution Counsel as to whether he left anything with him while going to Karachi). The Bag that
and key. I find the same lock on the Bag Ext. P.W. 3/62. I kept the Bag in the room wherein stationeries and papers are kept in the Office, two persons in plain clothes and 2 others in police uniform came to our office but there was no search actually made in my presence. I do not know reading and writing. I have learnt in my office to sign my name in
Bengali. (After being shown a signature at the back of the chit Ext. P.W. 3/67, the witness says, this is my signature. The Officer-in-charge of my office called me and showed me this chit and asked me if I had two diaries left by Amir Hossain. He asked me to produce them. I replied that I did not know whether any diary was left but Amir Hossain had left a bag with me. The Bag was in the room where the papers and other things are kept. I then brought a bag out and placed it on the table of my office boss. When I placed the bag on the table then the police officer asked me
plain clothed men was sent to bring their key. After bringing the key the said bag was opened. After opening the bag the papers were brought out and thereafter I left that place. I see my signature on the seizure list Ext. P.W.33/2. Some police officer asked me to sign this seizure list and I signed it. I was at the door when this list was prepared.
CROSS-EXAMINATION OF P.W.36, RAHMAT ALI:
TO MR. ABDUS SALAM KHAN:
I never saw this Bag before it was entrusted to me by Amir Hossain. About 15/16 days before the police came to our office, Amir Hossain
room was big enough to contain one table and 2/3 chairs. In the adjoining rooms, a number of Clerks used to sit. These 2 rooms were partitioned by a wall. The partitioned wall was a complete wall having a door in the middle.
584 . Record of Proceedings, Agartala Conspiracy Case
SPECIAL TRIBUNAL
RECORD OF PROCEEDINGS.
5.11.1968.
PRESENT
Mr. Justice S.A.Rahman, H, pk., Chairman.
Mr. Justice M.R.Khan, S.Pk., Member.
Mr. Justice Muksum-ul-Hakim, Member.
For the prosecution: As before.
For the Defence: As before.
For the present: As before.
For the oath: As before.
DEPOSITION OF P.W. 36, RAHMAT ALI; CROSS-EXAMINATION BY MR. ABDUS SALAM KHAN:
When Mr. Amir Hossain handed over the bag to me he left no instructions with me. In fact, he said nothing. No Police Officer came and talked to me earlier than the search for this bag. I had not told my head of the office that the police Officer had called on me earlier in the morning and talked to me. After the seizure of the bag from the Office by the police, the latter did not interrogate me. I had no talk with any one about this matter after the seizure, up to the date of my appearance in this Court. It is not correct to say that I am deposing like this out of fear of -the police. It is not correct that the bag had been given to me by the police.
TO MR. MD. ISMAIL:
The head of the office and my Officer told me that they had signed the seizure list and they also asked me to sign it. It is correct that the police also ordered me to sign it and I did so.
TO MR. ATAUR RAHMAN KHAN:
Declined.
TO MR. ABDULLAH:
I never did any private work of Mr. Amir Hossain Mia. I never kept any other thing of Mr. Amir Hossain in the store room of the Office,
(No other learned Counsel wishes to cross-examine the witness).
Chairman.
Member
Member.
DEPOSITION OF P.W. 37, ALI AHMED ON SOLEMN
AFFIRMATION
(The witness was interpreted the oath in Bengali by the Assistant Registrar, Mr. Atiar Rahman, as he does not know English. The Assistant Registrar will also interpret the evidence of the witness).
My name is Ali Ahmed, son of Mohammad Hossain Mia aged 22 years, by faith Muslim, of Village Modhupur, P.S. Ramganj, District
TO MR. T. H. KHAN:
I know Mr. Rameez, District Manager, PIA from 1966. I am a motor-driver in the PIA. I used to drive a PIA passenger coach and also a staff car. By the middle of 1966, I used to drive a Volks-Wagon car as a driver attached to Mr. Rameez. Mr. Rameez used to live in Panchalaish, Chittagong, in house No. 60, in 1966-67. I saw on occasions, Mr. Mujibur Rahman of the Navy, Khurshid Alam, and Lt. Commander Moazzem Hossain, Visiting the house of Mr. Rameez. I also saw Mr. Shamsur Rahman, Chairman, Chittagong Development Authority coming to that house some times. (When asked to identify Mujibur Rahman of the Navy in the dock the witness says he is unable to point him out. He says, “now all of them have grown beards”. The witness correctly identified Lt. Commander Moazzem Hossain in the dock. He also correctly identified Mr. Shamsur Rahman in the dock. He also correctly identified Khurshid accused as “Khurshid Alam”.)
In the middle of 1967, I saw these persons assembled together at the house of Mr. Rameez. In the middle of 1967, I drove the car of Mr.
Rameez from Chittagong to Dacca. On arrival in Dacca, Mr. Rameez stayed in room No. 8, House No. 12, Mohammadpur. I also stayed there. I have seen coming to that house, while we stayed there, Mujibur Rahman of the Navy, Khurshid, Lt. Commander Moazzem Hossain, Mr. Samad, Lutfar Rahman, who was also called Babu and Captain Muttalib. They used to have a discussion in the house while I stayed outside.
I had also gone with Mr. Rameez in the car from the Mohammadpur house to 13, Green Square. Just now “New Eskaton” escaped my lips while I wanted to say “Green Square” I had said 13, Green Square, Lutfar Rahman, Mujibur Rahman of the Navy and Mr. Shamsur Rahman, CSP, Chairman, CDA. I also saw one man there who I did not know but whose name was given to me as Daliluddin. I cannot identify Samad in the dock as the person concerned has grown beard. (The witness correctly identified Capt. Muttalib in the dock).
I know the Green view Petrol pump. I used to purchase petrol from that pump and that is why I went there. (The witness was asked to say whether he had seen anybody else besides the persons he has named) The witness says, “Yes I did see at 13, Green Square, one., Ali Reza, among other persons” Some other persons of the Navy also used to visit Mr. Rameez at his house in Chittagong, but I do not know their names. They used to come in civil dress. But they sometimes gave out that they belonged to the Navy. I know military camp in Chittagong. By the middle of 1967, I had been to the military camp with another gentleman in car. It was Volks-Wagon car given to Mr. Rameez, PIA, District Manager. I did not know the persons who traveled in the car with me, but he was an elderly gentleman with a big moustache. I carried that gentleman in the car on the instruction of Mr. Rameez.
In about the 6th or 7th month of 1967, I visited the house of Lt. Commander Moazzem Hossain at Chittagong. I drove Mr. Rameez in the car to his place on this occasion. The house of Lt. Commander Moazzem Hossain was close to the PIA office in Chittagong.
That house was also close to the house of the officer commanding of the Pakistan Navy at Chittagong.
588 • Record of Proceedings, Agartala Conspiracy Case
On the 11th of June or July, 1967, I had gone on one week’s leave from Chittagong. I went to my home village.
CROSS-EXAMINATION:
(The learned Counsel for the defence wished to postpone the cross
the statement made by the witness to the police, till now. The copies will be supplied to them today and the witness will be called for cross
DEPOSITION OF P.W.38, IFTEKHAR AHMED ON SOLEMN
AFFIRMATRION:
My name is Iftekhar Ahmed, son of Syed Ahmed, aged 34 years, by faith Muslim, Manager, Motor Corporation of Pakistan Ltd., of Love Lane, Chittagong.
I am the Manager of Motor Corporation of Pakistan Ltd. at Chittagong. We are the sole distributors of Fiat Cars in East and West Pakistan. I know Mr. M.M. Rameez, the then District Manager, PIA, and Chittagong. Sometimes in August, 1966 a Fiat car was purchased from our firm, by Mr. M.M. Rameez, the then District Manager, PIA, Chittagong. Mr. Rameez had come to us with another gentleman who was introduced to me as Lt. Moazzem Hossain of the Pakistan Navy Mr. Rameez had talked to me earlier about his idea of purchasing a Fiat car and on this occasion, he asked me whether the deal could be finalised. I told him ‘yes’. He asked me about the price. I told him that he would have to pay Rs. 5,000/- in cash or in cheque and the rest of the price would be payable on the delivery of the car. Mr. Rameez then told me that the Rs.5,000/ – would be paid by his companion, Moazzem Hossain but that the receipt should be made out in his name (Mr.Rameez’s name (Lt. Moazzem Hossain paid Rs. 5,000/- to Mr. Rameez who passed it on to me in cash and I issued a receipt in the name of Mr. Rameez. I see here the provisional receipt that we gave for the Rs. 5,000/- Ext. P.W. 6/8. That was followed by the formal receipt which I see here, Ext. P.W.
Record of Proceedings, Agartala Conspiracy Case • 589
6/10. About a week later, the rest of the price was paid to us in the form of a cheque by Mr. M. M. Rameez. That was a cheque for Rs. 11,000/drawn on the Habib Bank. I see here the provisional receipt is also here in Court and it is now marked Ext. P.W. 38/1. The receipt which I have mentioned in my statement was seized from our firm by the police. The Seizure list was prepared by the police in my presence. I see it here and it is now marked Ext. P.W. 38/2. This bears my signature, (The witness correctly pointed out Lt. Moazzem Hossain in the dock).
CROSS-EXAMINATION:
TO MR. ABDUS SALAM KHAN:
After the purchase of the car, the only time the Police came to me was when they seized these documents. Even after the seizure of these documents, no Police Officer came to question me about it. Unless I see the delivery order, I cannot remember whether the car was delivered to Mr. Rameez on the very day that Rs. 5,000/- was paid in cash. The delivery order would be in my office. Normally we would not deliver a car without receiving full payment. Even in this case, Mr. Rameez must have given us a cheque for the balance of the price before the delivery of the car. I cannot remember when I got the cheque for Rs. 11,000/without looking at the receipt. I would not be surprised if the cheque for Rs. 11,000/- was also given on the same day that the cash payment of Rs. 5,000/- was made. I cannot remember even now whether the car was delivered on the same day without looking at the documents. Even without any special instruction, I would have issued a receipt for Rs. 5,000/- to Mr. Rameez if he had paid me the money, although he might have taken the money from somebody else. I knew Mr. Rameez since 1953. I was also at one time in the Air Force. I knew Mr. Rameez at the time of the transaction but was not very intimate with him. I used to address Mr. Rameez as “Mr. Rameez” or only as ‘sir’ as he was a customer and by no other name. It is wrong that I used to address him as ‘Dad’. I do not drink. I do not even take a beer. I am staying with a friend of mine in Dacca these days. I am a member of the Chittagong Club and
590 . Record of Proceedings, Agartala Conspiracy Case
occasionally go there. Mr. Rameez was also a member of that Club. There is a bar in the Club. Mr. Rameez was well-known for drinking. It is wrong that I used to keep him company while he was drinking.
It may have been a fortnight or a month before the transaction that Mr. Rameez had a talk with me about the purchase of the car. I must have told him even on that occasion that an advance and the full payment of the price would be necessary before the delivery of the car. An advance payment can only be made in cash by cheque by the customers who are known to us. When a customer buys a car, it is his business to get it registered and insured, it is not for us to do that. Without taking the registration number from the Registering authority for a car, a purchaser can temporarily use the car on a garage number taken from the Dealer. I cannot remember if I gave any garage number to Mr. Rameez for
To my mind, “payee” of the car is the man who pays for the car. The cheque for Rs. 11,000/- was not given by Mr. Moazzem Hossain. The cheque for Rs. 11.000/- dated the 24th of August, 1966 and that is also the date on which I received the sum of Rs. 5,000/- in cash. Now I remember that car have been delivered on that very date because the cheque was received on that date. From the cheque, I find that it was cleared on the 3rd of September 1966. This does not necessarily mean that the car was delivered before the cheque was realised. But the car might have also been delivered on the first day if the cheque was delivered on that date. I had accompanied Mr. Rameez to the Habib Bank to get the money of the cheque for Rs. 11,000/- It is not correct, however, to say that I had told the Bank that an over-draft should be given to Mr. Rameez. It is not correct to say that I delivered the car to him without
I may have traveled on a credit ticket from PIA. The ticket must have
the customers to the Bank to realise the price of a cheque, in case the customers make such a request. In this Mr. Rameez had requested me to go to the Bank with him. It is not correct to say that Introduced the story of the presence of Lt. Moazzem Hossain and his payment of Rs. 5,000/
Record of Proceedings, Agartala Conspiracy Case 591
to Mr. Rameez at the instance of the police in order to lend corporation on to the statement of Mr. Rameez. We have accounts Books of the Firm at Chittagong and Karachi. The Accounts books of Karachi would record the receipts and expenditure. No Accounts Books of ours would show that Lt. Moazzem Hossain paid Rs. 5,000/- as part of the price of the car. It is not correct that I allowed Mr. Rammez to take away any other car from our Garage on a Garage number. I might have, however, allowed a customer to take out a car for testing, if he wanted, from the Garage on such a number. The time for this testing is limited to one hour. None from the Firm accompanies the customer during such test. If the car is only taken by the customer from the Garage room to the Gate, no one would accompany him in the car, but if he takes the car outside the premises for testing them somebody from the Firm must accompany him. The transaction in the present case with Mr. Rameez was on in installment scheme against a Bank Guarantee.
TO MR ZULMAT ALI HAN:
I think I have been a member of the Chittagong Club from 1966. I may have paid a bill for wine purchased from the Club. I might have done this to entertain others. (The sentence was volunteered by witness).
(No other Counsel wishes to put any question to cross-examine the witness).
Chairman.
Member
Member.
592 • Record of Proceedings, Agartala Conspiracy Case
DEPOSITION OF P.W. 39, ABUL HUSAIN ON SOLEMN
AFFIRMAION:
Registrar, Mr. Atiar Rahman, as he does not know English. The Assistant Registrar will also interpret the evidence of the witness).
My name is Abul Husain, son of Jameer Nistry, aged 26 years, by faith a Muslim of village Kamargaon, P.S. Sreenagar, Dist. Dacca.
TO MR. T.H. KHAN:
I am a driver working in Black & Vetch. I knew Mr. Md. Mohsin. I was serving under as a driver from 1964-67. Mr. Md. Mohsin resides on Road No. 19 in Dhanmandi Area. Mr. Md. Mohsin normally went to the office in the car and came back and then went to the Club. He also visited sometimes his Khulna house and sometimes some other people’s houses whose names I do not know. In 1965, I only once saw Mr. Sk. Mujibur Rahman addressing a meeting at Palton Maidan. I do not know the residence of Mr. Sk. Mujibur Rahman. I never visited his house.
(At this state, Mr. T.H. khan, Prosecution Counsel, requested to
to put some questions by way of cross-examination to him. He is permitted to cross-examine the hostile witness.)
CROSS-EXAMINATION BY MR. T.H. KHAN:
It is not correct to say that I have not told the truth when I said that I do not know the house of Mr. Sk. Mujibur Rahman. It is not correct
that I accompanied Mr. Md. Mohsin went the house of Sk. Mujibur Rahman in February, 1966. It is not correct to say that I am deposing falsely at the instance of Mr. Md. Mohsin as one of his relations is an accused in this case. It is not correct to say that somebody has threatened my life and as such I am deposing falsely. Nobody has threatened me. Whatever I am stating in the Court, is true and I am not deliberately concealing anything.
(No Defence Counsel wishes to put any question to cross-examine the witness).
Chairman.
Member
Member.
594 . Record of Proceedings, Agartala Conspiracy Case
DEPOSITION OF P.W. 40, MD. JALALUDDIN ON
SOLEMN AFFIRMATION
My name is Mohammad Jalaluddin; S/Md. Faizuddin aged 27 years, of village Hinganager, P.S. Tangail, District Mymensingh.
From 1966 I am attached to the Ramna Police station as a subInspector of police. I see here a search warrant which I obtained from the S.D.M., South, Dacca to seize the hotel register of Hotel Green. (This search warrant is marked Ext. P.W.40/-1). The Officer-in-charge of my
the search and seized a hotel register from there which is already marked Ext. P .W.5/2. 1 prepared a seizure list which bears my signature. (The seizure list is marked Ext. P.W. 40/2). This seizure took place in the presence of witnesses who also signed. These witnesses were Ali Ashraf Malik and Md. Nazrul Islam.
(None of the defence Counsel wishes to cross-examine the witness).
Chairman.
Member.
Member
Admitted to be correct
DEPOSITION OF P.W.41, ALI ASHRAF MALIK ON
SOLEMN AFFIRMATION
My name is Ali Ashraf Malik, S/o M. M. Sayeed aged 22 years resident of 11/2, Mahajanpur, P.S. Sutrapur, Dacca.
I know Hotel Green. That hotel belongs to my father. A search was made in Hotel Green on 8th January, 1968, by the police. I was present at the time of the search. The police seized a hotel register of this hotel. The register marked P.W. 5/2, is the one that was seized by the police at that
presence and I signed it.
(None of the learned Defence Counsel wishes to cross-examine the
Chairman.
Member
Member
Admitted to be correct
DEPOSITION OF P.W. 42, NAZRUL ISLAM ON
SOLEMN AFFIRMATION
My name is Md. Nazrul Islam s/o Abdur Rahman Mia, aged 21 years of village Gohardinayapara, P.S. Araihajar, Dist. Dacca.
Tendered for cross-examination.
(None of the defence Counsel wishes to cross-examine the witness).
Chairman.
Member.
Member
Admitted to be correct.
DEPOSITION OF P.W. 42, NAZRUL ISLAM ON
SOLEMN AFFIRMATION
My name is Md. Nazrul Islam s/o Abdur Rahman Mia, aged 21 years of village Gohardinayapara, P.S. Araihajar, Dist. Dacca.
Tendered for cross-examination.
(None of the defence Counsel wishes to cross-examine the witness).
Chairman.
Member
Member.
Admitted to be correct.
DEPOSITION OF P.W. 43, KAZI SERAJUL ISLAM ON
SOLEMN AFFIRMATION
My name is Kazi Serajul Islam s/o late Kazi Shamsul Huda, aged about 40 years of village Saturia, P.S. Rajapur, District Barisal.
I am S.I. of the police attached to Lalbagh police station since May, 1967. I see here a search warrant which was endorsed to me by the O.C Lalbagh P.S. (The search warrant is marked Ext. P.W. 43/1). This was for seizing some prejudicial documents from the Green View petrol pump, 13, Mirpur Road, on 5.1.1968 from 10-30 to 11-30 hours, I searched the Green View petrol pump. I seized two staff registers covering the period from January 1964 to July, 1967. These are the two registers that I seized. (These are marked Ext. P.W.43/2 and P.W. 43/3). I also seized four daily sales books. This register which I see here is one of them. (The register is marked Ext. P.W. 43/4). In seizing these documents I prepared a seizure list. This is that seizure list which is marked Ext. P.W. 43/5. This bears my signature. The seizure was made in the presence of witnesses who also signed this seizure list. They are Mr. Nurul Islam and Mr. Abdur Rashid.
TO MR. ABDUS SALAM KHAN
Lalbagh police station includes within its jurisdiction some portion of Mirpur Road and some portion of Green Road. Green Road is towards the north of the Thana. The entire Dhanmandi area is not included within the jurisdiction of Lalbagh police station. There are quite a few
consulates in the Dhanmandi area. There may be American consulate in this area. But I cannot say whether the Iranian and Indonesian consulates are there or not.
There is a number of residences of consular and diplomatic staff in the Dhanmandi area. This petrol pump is located on the main Dhanmandi Road leading up to Mirpur and on Green Road. The road in front of this petrol pump is one of the busiest thorough fares of Dacca. The Green
and the other facing the Mirpur Road. The Green Road also is one of the busiest thoroughfares of Dacca. The petrol pump is situated on the road on which buses, trucks and other vehicles go all over East Pakistan. I do not know the house of Sheikh Mujibur Rahman; I did not make any other search in connection with this Case. There is also a servicing station in this petrol pump.
None of the defence Counsel wishes to cross-examine the witness)
Chairman.
Member
Member.
Admitted to be correct.
600 • Record of Proceedings, Agartala Conspiracy Case
DEPOSITION OF P.W. 44, ABDUR RASHID ON
SOLEMN AFFIRMATION
(The witness was interpreted the oath in Bengali by the Assistant Registrar, Mr. Atiar Rahman, as he does not know English. The Assistant Registrar will also interpret the evidence of the witness).
My name is Abdur Rashid s/o Abdul Karim, aged 24 years of Mirpur Section No. 8, P.S. Mirpur, Dacca.
I know the Green View Petrol Pump. There was a search made in the Green View Petrol Pump by the police. The Seizure List was prepared by the police and I gave my signature on that Seizure List. I see my signature on the Seizure List marked Ext. P.W.43/5.
(None of the defence Counsel wishes to cross-examination the witness).
Chairman.
Member
Member
Admitted to be correct.