Tarique, Babar, others acquitted

Exiled acting BNP Chairman Tarique Rahman, former state minister for home affairs Lutfozzaman Babar and all other accused of the August-21st grenade attack on an opposition rally are now exonerated.

The High Court Sunday struck down the verdict pronounced by the trial court in two cases filed over the attack on Awami League rally in 2004 as that is "not tenable" in law.

A High Court bench comprising Justice A K M Asaduzzaman and Justice Syed Enayet Hossain delivered the verdict after hearings on death references and appeals filed against the trial-court verdict.

In the observation the High Court said the trial-court verdict in the cases is "illegal as it was delivered through illegal way".

The trial court had delivered the judgment on the basis of a confessional statement made by Mufti Abdul Hannan, an accused in the cases, who was later executed in connection with another case.

The confessional statement of Mufti Hannan has "no evidential value as it was taken on force and was not examined properly by the magistrate concerned", the HC verdict reads.

Barrister Kayser Kamal, a counsel for Tarique Rahman, said his client got justice through the High Court verdict.

"Two charge sheets were submitted in one case, and final charge sheet was submitted on the basis of second confessional statement of Mufti Abdul Hanna, one of the accused, that was taken by force.

"The High Court termed the charge sheet submitted on the basis of second confessional statement illegal. This type of charge sheet has no legal basis as per the Code of Criminal Procedure (CrPC) and the Evidence Act. That's why the HC acquitted all the accused in the cases," Mr Kayser further said.

Lawyer S M Shahjahan, who appeared in the case proceedings on behalf of some accused, said, "None of the 225 witnesses saw who threw the grenade. Therefore, the real killer is not known. So death penalty cannot be awarded on the basis of hearsay evidence."

Mohammad Shishir Manir, a lawyer for former minister Babar, said, "There is no precedence in the history of Indian subcontinent in last 400 years that sentence is given on the basis of second confessional statement."

Quoting the High Court Mr Shishir further said, "The trial court framed the charges illegally. At the same time, there was no consistency in the statements of the witnesses. Sentence was given based on the hearsay evidence. That is why the HC allowed all the appeals, rejected the death references and all the accused were acquitted."

Meanwhile, Attorney-General Md Asaduzzaman said they would take further decision after getting the full text of the verdict. However, he feels the state should file appeal against the HC verdict.

Two cases were filed with the Motijheel Police Station following the grenade attack on an Awami League rally at Bangabandhu Avenue in Dhaka on August 21, 2004 that claimed 24 lives and left about 300 injured. One was filed for murder and another was filed under the Explosives Act.

Then opposition leader Sheikh Hasina, who later ran the country for 15 years as prime minister and was forced to resign and flee on August 5 this year following a mass uprising, narrowly escaped the attack.

A Dhaka court on October 10, 2018 sentenced 19 persons, including former BNP state minister for home Lutfozzaman Babar, to death in the two cases filed in connection with the grenade attack.

Another 19, including acting BNP Chairman Tarique Rahman, now in London, were given life imprisonment and 11 were handed different terms in prison.

The other death convicts are--- former deputy minister for education Abdus Salam Pintu, former director of the Directorate General of Forces Intelligence (DGFI) Brig Gen (retd) Rezzaqul Haider, former DG of National Security Intelligence (NSI) Brig Gen (retd) Abdur Rahim, Hanif Paribahan owner Mohammad Hanif, maulana Tajuddin, maulana Sheikh Abdus Salam, maulana Sheikh Farid, maulana Abu Sayeed, mufti Moinuddin Sheikh alias Abu Zandal, hafez Abu Taher, Md Yousuf Butt alias Majed Butt, Abdul Malek, Mofizur Rahman alias Muhibullah, Abul Kalam Azad alias Bulbul, Md Jahangir Alam, Hossain Ahmed Tamim, Rafiqul Islam alias Sobuj and Md Ujjal alias Ratan.

Of the convicts, brigadier-general (retd) Abdur Rahim and Huji's former ameer Sheikh Abdus Salam died in 2021.

The other lifers are BNP leader Haris Chowdhury, Qazi Shah Mofazzal Hossain, Ariful Islam, mufti Abdur Rauf, hafez Yahia, mufti Shafiqur Rahman, mufti Abdul Hai, maulana Abdul Hannan alias Sabbir, Mursalin, Muttakin, Jahangir Badr, Arif Hasan alias Sumon alias Abdur Razzak, Abu Bakar Siddique alias hafez Salim Howlader, Md Iqbal, Ratul Ahmed, maulana Liton, Md Khalil and Shahadat Ullah alias Jewel.

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