The High Court on Sunday overturned the convictions of 49 individuals, including Bangladesh Nationalist Party acting chairman Tarique Rahman and former state minister for home Lutfozzaman Babar in two cases of August 21, 2004 grenade attack on an Awami League rally.
The bench of Justice AKM Asaduzzaman and Justice Syed Enayet Hossain declared the 2018 trial court verdict illegal, citing multiple legal inconsistencies.
The grenade attack killed 24 people, including Ivy Rahman, a senior AL leader and wife of late president Zillur Rahman.
The then leader of the opposition and AL president Sheikh Hasina narrowly survived the attack but suffered hearing damage.
Two cases 鈥� one for murder and another under the Explosive Substances Act 鈥� were filed by the police against unidentified people for the attack on August 22, 2004.
The court observed that in 2011, during the Awami League regime, 30 additional individuals, including Tarique Rahman, Lutfozzaman Babar, former prime minister Khaleda Zia鈥檚 political secretary Harris Chowdhury, Jamaat-e-Islami leader Ali Ahsan Muhammad Mujahid, who was executed in war crime case, and former National Security Intelligence director general Rezzakul Haider Chowdhury were named in a supplementary chargesheet.
鈥楾his inclusion in the supplementary charge sheet on the basis of a second confessional statement of Harkat-ul-Jihad leader Mufti Abdul Hannan lacked legal validity,鈥� the court said.
The bench found illegal the second confession of Mufti Abdul Hannan, recorded after alleged custodial torture.
Hannan, who was later executed in another case, was among the 28 accused named in the initial chargesheet.
The police submitted two charge sheets 鈥� one in 2008 naming 28 individuals, and the supplementary charge sheet in 2011 adding 30 more people.
The court observed that the supplementary charge sheet was sent directly to the Dhaka Metropolitan Sessions Judge鈥檚 Court bypassing the legal requirement of submission to a magistrate.
The court criticised the further investigation conducted by senior superintendent of police Abul Kahar Akand on an order issued by the trial court on August 3, 2009.
Although ordered by the Dhaka Speedy Trial Tribunal-1 to trace the source and suppliers of the grenades, the supplementary investigation remained silent on this crucial aspect, the High Court observed.
It observed that none of the 225 prosecution witnesses identified anyone who hurled or carried the grenades, despite some grenades being recovered from the scene.
At the outset of verdict delivery which lasted for nearly one hour, the bench informed defence lawyers SM Shajahan and Mohammad Shishir Manir that the full text of the verdict would likely be available within a week.
Attorney general Md Asaduzzaman told 抖阴精品 that his office would decide on filing an appeal after reviewing the full verdict, analysing its reasoning and consulting with the government.
Deputy attorney general Md Jashim Sarker, who strongly defended the trial court verdict during the five-day hearing, had argued for its complete upholding.
Following the High Court acquittal of all 49 convicts, Jashim stated that he advised the attorney general to file an appeal, highlighting the key findings of the observations.
Lawyers SM Shajahan and Kayser Kamal emphasised the need for identification and prosecution of the actual perpetrators through an impartial and thorough investigation.
鈥楾here is no doubt that the grenade attack is a grave incident, but the court has no option but to acquit the accused if they are not linked to the crime,鈥� said SM Shahjahan.
Drawing on his 18 years of experience handling the case from the lower court to the High Court, he criticised the investigation for failing to pursue the real offenders, resulting in the arrest and forced confessions of innocent individuals.
Shahjahan further suggested that the Appellate Division could consider ordering a reinvestigation if necessary.
鈥楬ad the investigation been free from political influence, it could have unearthed the real offenders and ensured justice,鈥� he added.
Kayser Kamal echoed the demand for a thorough investigation, stating that the public has a right to know the truth about the attack.
He accused Sheikh Hasina of not cooperating with investigators by refusing to allow forensic examination of her car.
He also claimed that during the BNP rule, the investigation had the highest level of cooperation, including the involvement of an FBI team and a Supreme Court judge.
Both the lawyers stressed the importance of holding the true perpetrators accountable to deliver justice and restore public confidence in the legal system.
The death reference and appeals had initially been heard by the High Court bench of Justice Shahidul Karim and Justice Md Akhtaruzzaman.
That bench reviewed depositions of 225 witnesses in 18 months and adjourned the hearing on August 18, 2024, citing the need for the state law officers鈥� preparation after the ouster of Sheikh Hasina as the prime minister and her subsequent fleeing to India amid a student-people uprising on August 5.
Chief justice Syed Refaat Ahmed later reassigned the case to the bench of Justice AKM Asaduzzaman and Justice Syed Enayet Hossain, where the fresh hearing began on October 31.
On October 10, 2018, the Dhaka Speedy Trial Tribunal 1 sentenced 19 individuals, including Babar to death, 19 people, including Tarique, to imprisonment for life term and 11 others to imprisonment for varying terms.
All the 30 accused named in the second charge-sheet were jailed.
Tarique, the eldest son of BNP chairperson Khaleda Zia, was tried in his absence, as he has been residing in London since 2008.
Kayser noted that Tarique was acquitted of charges in 39 cases.
Tarique, however, faces five more cases in which he has been sentenced, he said
The 12 fugitive convicts in the August 21 grenade attack case, including Tarique, did not appeal against the trial court verdict.
The elven government servants of the new 30 accused in the second charge sheet who received varying terms jail sentences include former inspectors general of police Ashraful Islam, Shahudul Hoque and Khodabox Chowdhury, former major general ATM Amin, former lieutenant commander of Bangladesh Navy Saiful Islam Duke, who is also Khaleda Zia鈥� nephew, former army colonel Saiful Islam Joarder, former deputy inspector general Khan Sayeed Hasan, former deputy commissioner of the Dhaka Metropolitan Police Obaidur Rahman Khan, former superintendent of police Ruhul Amin, and additional SPs Abdur Rashid and Munshi Atiqur Rahman.
聽The last three were investigation officers of the cases during BNP regime.
The convicted police officers were on bail.
The trial court had handed death sentences to Babar, former deputy minister Abdus Salam Pintu, his brother Maulana Tajuddin, Rezzakul Haider Chowdhury, former brigadier general Abdur Rahim, who died later, extremist suspects Maulana Sheikh Abdus Salam, Yusuf Butt alias Majid Butt, Abdul Malek alias Golam Mohammad, Maulana Shawkat Osman, Mohibullah alias Mofizur Rahman alias Ovi, Maulana Abu Sayeed alias Dr Abu Zafar, Abul Kalam Azad alias Bulbul, Jahangir Alam, Maulana Abu Taher, and Hossain Ahammed Tamim, Mufti Moinuddin Sheikh alias Abu Zandal alias Masum Billah, Rafikul Islam alias Rashed alias Sabuj and Mohammad Ujjal alias Ratan and transport owner Md Hanif.
Besides Tarique, the political figures who were sentenced to life term imprisonment were Haris Chowdhury, who died later, and former BNP lawmaker Qazi Shah Mofazzal Hossain Kaikobad.
Jahangir Alam Alias Badar, Mohammad Iqbal, Mohibul Muttakin, Ratul Ahmed Basu, Mufti Shafikur Rahman, Maulana Liton Alias Zobir alias Delwar, Mufti Abdul Hai, Anisul Mursalin, Md Khalilur Rahman, Maulana Abu Bakar alias Selim Howlader sentenced to life imprisonment remained fugitives.
Of the 19 life term recipients Maulana Abdur Rouf, Ariful Islam Arif, Shahadatullah Jewel, Maulana Sabbir Ahmed alias Abdul Hannan Sabbir, Asif Hasan alias Sujan alias Abdul Razzak, and Maulana Yahya are in custody.
Md Jalal, branded as 鈥楯oj Miah,鈥� spent four years in jail after being falsely implicated in the August 21, 2004 grenade attack case.
His wrongful detention highlighted flaws in the investigation during the BNP regime.
Jalal, a resident of Senbagh, Noakhali, was imprisoned from June 10, 2005, to June 27, 2009.
He was exonerated of murder charges after CID superintendent Fazlul Kabir submitted the first charge sheet on June 9, 2008.
After the Awami League assumed power in January 2009, the investigation was expanded further, leading to two charge sheets implicating 49 individuals.
The trial began shortly thereafter, uncovering the extent of the initial cover-up.