Witness 5: Mirza Kamal Ahmed
Deposition of Mirza Kamal Ahmed
My name is Mirza Kamal Ahmed. My father’s name is [redacted]. I am 56 years old. My address is [redacted] Netrokona.
At present, I am serving as Deputy Managing Director of BTCL. Previously, I was on deputation at Bangladesh Submarine Cable Company Limited. On 18-07-2024, as the post of Managing Director of Bangladesh Submarine Cable Company Limited was vacant and the recruitment process was ongoing, I performed the duties of Managing Director as an additional responsibility.
On 18-07-2024, after 7:00 p.m., a WhatsApp group titled “18th July ICT Operation” was created by BTRC. Alongside representatives from Bangladesh Submarine Cable Company, one representative from BTCL, namely Mr. Anwar Hossain Masud, was also added to the said group. At around 7:45 p.m., the then Director General of BTRC, Mr. Kazi Mostafizur Rahman, through a voice call in the said group, communicated the government’s decision regarding internet shutdown and issued instructions accordingly. Mr. Abdul Wahab, representative of the Submarine Cable Company, informed me of the matter over phone. Furthermore, BTRC had already maintained another WhatsApp group titled “IIG Operations.” In that group, BTRC Deputy Director Meherin Ahsan instructed all concerned through an SMS to shut down internet services and report by writing “Done.”
The principal function of Bangladesh Submarine Cable Company is to provide connectivity through submarine cables. In addition, the company also possesses a license to provide customer services at the IIG level. Upon learning that internet shutdown was being directed at both the submarine and IIG levels, I was quite surprised. I only gave consent to Mr. Wahab regarding shutdown at the IIG level. At that time, the customer connection capacity at the IIG level of the Submarine Cable Company was approximately 200 Gbps (Gigabyte Per Second). The total customer connectivity of the company at that time was approximately 2700 Gbps, which constituted around 40 percent of the country’s total internet connectivity.
On 18-07-2024, Mr. Abdul Wahab called me on my mobile phone and informed me that BTRC had directed the shutdown of the Cox’s Bazar and Kuakata submarine bandwidth at the submarine level. To my knowledge, internet services had never before been shut down at the submarine level; therefore, I was astonished upon hearing such instructions. On the same date, at around 8:45 p.m., BTRC Director General Brigadier General Kazi Mostafizur Rahman called me on my mobile phone and instructed me to shut down internet services at the submarine level. Shortly thereafter, Abdul Wahab informed me that all ITC and IIG operators had already shut down their bandwidth. I then communicated with BTCL and learned that BTCL had also shut down its ITC and IIG bandwidth. At that stage, only the submarine cable bandwidth remained active, and in the “IIG Operations” group, operators were commenting on various issues regarding not shutting down submarine bandwidth.
On the same date, at around 9:30 p.m., then State Minister Junaid Ahmed Palak called me and asked why I had not complied with BTRC’s instruction. He also inquired how long it would take to shut down internet services at the submarine level. I informed him that it would take approximately 15 minutes. He then instructed me to shut down the internet and confirm the same. Thereafter, through the subordinate General Manager (Operations), I conveyed the government’s decision to shut down the two submarine cables at Cox’s Bazar and Kuakata, and within 15 minutes both submarine cables were shut down.
On 23-07-2024, a meeting was held at BTRC. Representatives from various operators, including BTCL, Submarine Cable Company, BTRC, the Posts and Telecommunications Division, ICT Division, and other stakeholders participated in the meeting. After the meeting, Palak conducted a press briefing wherein he assured that internet services might be restored within the night of 23-07-2024. Thereafter, at night, I received instructions from BTRC to restore internet services at the submarine cable level. Accordingly, at around 8:45 p.m., I restored the submarine cable services.
On 05-08-2024, at approximately 10:00 a.m., the then Director General of BTRC, Mr. Mostafizur Rahman, again instructed that the submarine services be shut down. Accordingly, at around 10:00 a.m., arrangements were made to shut down the submarine services. Subsequently, at approximately 1:15 p.m., he instructed that the submarine services be restored, and we immediately restored the submarine cable services.
In support of my statement, I have supplied the necessary documents to the Investigating Officer. Today, I am producing those documents before the Tribunal. This is the copy of the forwarding CDR consisting of 20 pages (Exhibit-10 series). On the last page of the CDR appear the signatures of Mr. Hasib Nabi, DGM, Teletalk Bangladesh, and Md. Shahidur Rahman, Senior Manager, Teletalk. I recognize their signatures. The forwarding report also contains the signature of Mr. Md. Monsur Rahman, Additional General Manager of Teletalk Bangladesh Ltd. I recognize their signatures. These are their signatures (Exhibit-10/1 series).
(The CDR relates to my mobile number 01550151315 for one month). Today, I have submitted before the Tribunal 19 pages of CDR and 1 page of forwarding report.
In support of my statement regarding the WhatsApp group titled “18th July ICT Operation” and the conversations therein, I have submitted 6 pages of screenshots. These are the copies of the screenshots (Exhibit-11 series).
Further, in support of my statement regarding the WhatsApp group titled “IIG Operations” and the conversations therein, I have submitted 5 pages of screenshots (Exhibit-12 series).
The Investigating Officer examined me.
This is my statement.
Cross examination on behalf of the present accused Junaid Ahmed Polok
[Defence counsel requested the prosecution that they expect cooperation and logical objection from the prosecution.]
Defence: Did you identify before this Tribunal the mobile phone that the Investigating Officer seized from you?
PW: I did not identify before this Tribunal the mobile phone that the Investigating Officer seized from me.
Defence: Is your Gmail ID [redacted]@gmail.com?
PW: Yes, my Gmail ID is [redacted]@gmail.com.
Defence: You deleted all the WhatsApp group chat data and then handed over the said mobile phone to the Investigating Officer?
PW: It is not true that I deleted all the WhatsApp group chat data and then handed over the said mobile phone to the Investigating Officer.
Defence: Do you know whether Brigadier General Kazi Mostafizur Rahman issued two instructions through SMS on 15/07/2024 and 16/07/2024?
PW: I do not know whether Brigadier General Kazi Mostafizur Rahman issued two instructions through SMS on 15/07/2024 and 16/07/2024.
Defence: You did not tell the Investigating Officer about the WhatsApp group named “18 July ITC Operations”?
PW: It is not true that I did not tell the Investigating Officer about the WhatsApp group named “18 July ITC Operations”.
Defence: You created these retrospective approvals after 05/08/2024 for the purpose of this case?
PW: It is not true that I created these retrospective approvals after 05/08/2024 for the purpose of this case.
Defence: Does BTRC have the legal authority to shut down the internet?
PW: BTRC does not have the legal authority to shut down the internet; however, upon receiving government instructions, it can be shut down.
Defence: Does BTRC have the technical capability to shut down the internet?
PW: BTRC does not have the technical capability to shut down the internet itself; however, it can direct the operators to shut down the internet.
Defence: You falsely stated that on 05-08-2024, when former State Minister for Posts and Telecommunications Junaid Ahmed Palak instructed former Director General Mr. Kazi Mostafizur Rahman to shut down the internet again.
PW: It is not true that I falsely stated that on 05-08-2024, when former State Minister for Posts and Telecommunications Junaid Ahmed Palak instructed former Director General Mr. Kazi Mostafizur Rahman to shut down the internet again.
Defence: You falsely stated that former State Minister Junayed Ahmed Palak sent the SMS saying “OK thanks” in reply to the said SMS?
PW: It is not true that I falsely stated that former State Minister Junayed Ahmed Palak sent the SMS saying “OK thanks” in reply to the said SMS.
Defence: Do you know on which date, at what time, and from which mobile phone former State Minister Junayed Ahmed Palak sent the SMS saying “OK thanks”?
PW: No, I do not know on which date, at what time, and from which mobile phone former State Minister Junayed Ahmed Palak sent the SMS saying “OK thanks”.
Defence: Do you know through which medium the screenshot containing the words “OK thanks” was sent?
PW: I do not know through which medium the screenshot containing the words “OK thanks” was sent.
Defence: on 17/07/2024 and 18/07/2024 Palak did not give any verbal instruction to anyone to shut down the internet?
PW: It is not true that on 17/07/2024 and 18/07/2024 Palak did not give any verbal instruction to anyone to shut down the internet.
Defence: After Junayed Palak was arrested on 06/08/2024, you shifted responsibility for your own acts onto him in his absence?
PW: It is not true that after Junayed Palak was arrested on 06/08/2024, we shifted responsibility for our own acts onto him in his absence.
Defence: The internet was not completely shut down from 18/07/2024 to 05/08/2024?
PW: It is not true that the internet was not completely shut down from 18/07/2024 to 05/08/2024.
Defence: Palak had no authority to shut down the internet?
PW: It is not true that Palak had no authority to shut down the internet.
Cross examination on behalf of the absconding accused Sajeeb Ahmed Wajed Joy
Defence: On 21-7-24, did you go to the office?
PW: I went to the office on 21-7-24. I continued going to the office regularly thereafter.
Defence: How many members were involved in creating the WhatsApp group?
PW: I created the WhatsApp group with a total of 8 members.
Defence: Who was the admin of the said WhatsApp group?
PW: I was the admin of this group.
Defence: Was the group still in existence after 5-8-24?
PW: The group was still in existence after 5-8-24.
Defence:Did you take any steps to delete this group?
PW: I did not take any steps to delete this group.
Defence: Are you aware on which date the retrospective approval document was opened?
PW: I am not aware of the date on which the retrospective approval document was opened.
Defence: Were you aware of the contents of all notes of the retrospective document?
PW: Yes, I was aware of the contents of all notes of the retrospective document.
Defence: To whom was the instruction to shut down the submarine given on 5-8-2024?
PW: On 5-8-2024, the instruction to shut down the submarine was given to our Director General.