The International Crimes Tribunal-2 on Sunday summoned two Bagarhat
judge court lawyers and asked them to appear before it ‘without fail’ on
December 4 to clarify an affidavit prosecution witness Achhiya Khatun
denied she had signed.
The two summoned lawyers are Sheikh Abdul Wadud and Shamima Akhter, also a notary public.
Wadud identified Achhiya while she alleged signed affidavit before Shamima on September 30, 2010.
Yusuf was in the dock.
The seventh prosecution witness Achhiya, 70, is from Sonatala village under Sarankhola in Bagerhat district.
Her testimony on Sunday echoed what her son Abdul Malek Fakir, 56, had
told the tribunal in tears as the sixth prosecution witness.
Malek said that Yusuf was among the Razakar Bahini men who tortured and killed his father on June 9, 1971.
Replying to a query from the tribunal, Achhiya said that being unlettered she cannot read or write.
She also said that she can only sign her name with great difficulty.
During cross-examination by Yusuf’s lawyer Mizanur Rahman, Achhiya said
that her husband was killed on a Thursday in the Bangla month of Bhadra
during the Liberation War.
She said that she had filed a case with a Bagerhat court accusing Yusuf and his accomplices for killing her husband.
At this point, Mizan showed her a document and wanted to know whether
the photograph and the signature in the affidavit were hers.
The tribunal, at this point, saw the affidavit, read it and asked the witness to answer the defence lawyer’s question.
She replied that it was her photograph but it was not her signature.
‘I do not know what is an affidavit, I did not sign it either,’ she said.
The presiding judge, Justice Obaidul Hassan then asked the defence
lawyer how the original copy of the affidavit signed by another person
came to his possession.
‘I should keep as I am its beneficiary,’ Mizan replied.
The tribunal then asked how the affidavit on a pending matter could go to his possession.
It said that the affidavit should have been in the possession of the person who is supposed to have signed it.
‘My lord, it should be in my possession as it is in my favour,’ Mizan replied.
‘Does it mean that you got it done?’ the tribunal asked.
‘No, my lord,’ Mizan replied.
The content of the affidavit could not be known.
As Achhiya’s cross-examination ended, the tribunal passed the order summoning the two lawyers.
‘It appears that on 30.09.2010 an affidavit was sworn in by Achhiya
Khatun who was identified by Sheikh Abdul Wadud, an advocate of Bagerhat
Judge’s Court. The affidavit was sworn before Shamima Akhter, notary
Public of Bangladesh,’ said the order.
Since the witness in the witness stand on oath, denied having signed the
affidavit it is necessary to ascertain the fact, it said.
Notary public Shamima Akhter and Sheikh Abdul Wadud, ‘are hereby asked
to appear before the tribunal on December 4 without fail,’ said the
order.
The hearing resumes today. (source)