The High Court has called for a fresh, independent investigation into the August 21, 2004 grenade attack on an Awami League rally in the capital that killed 24 people and injured hundreds.
Then leader of the opposition and Awami League president Sheikh Hasina narrowly survived the attack but suffered hearing damage.
In a 79-page written verdict published on Thursday, the High Court bench, comprising Justice AKM Asaduzzaman and Justice Syed Enayet Hossain, urged the Ministry of Home Affairs to initiate a proper investigation through expert and impartial agencies to ensure justice for the victims.
鈥楾his heinous and tragic incident requires a thorough and independent investigation to bring justice to the victims, including Ivy Rahman, the then Awami League leader, and others who lost their lives. The earlier proceedings failed to deliver fair justice,鈥� read the verdict that was posted in the Supreme Court website on Thursday.
The court highlighted significant legal flaws in the earlier trial, which convicted 49 individuals, including Bangladesh Nationalist Party acting chairman Tarique Rahman and former state minister for home Lutfozzaman Babar.
In a briefed verdict on December 1, the bench overturned these convictions, stating that the trial lacked jurisdiction, was based on weak evidence, and violated procedural law.
The verdict observed that the second investigation and subsequent supplementary charge-sheet were improperly conducted, rendering the trial invalid.
Referring to Section 193 of the Code of Criminal Procedure, the court stated that a sessions judge taking cognisance of the case without proper procedure was unlawful, making the convictions and sentences unsustainable.
The High Court rejected the death references under Section 374 of the Code of Criminal Procedure and ordered the release of the accused if they were not connected to other cases.
It also emphasised that new evidence should be used for a supplementary charge- sheet to ensure a lawful process moving forward.
The judgment applies to all convicted individuals, including those who did not appeal, as their sentences were deemed illegal and invalid, according to the verdict.
The court鈥檚 directive aims to uphold justice and establish a credible basis for accountability in one of the most devastating attacks in Bangladesh鈥檚 history.
The court had observed that in 2011, during the Awami League regime, 30 additional individuals, including Tarique, 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 crimes case, and former National Security Intelligence director general Rezzakul Haider Chowdhury, were named in a supplementary charge-sheet.
On October 10, 2018, the Dhaka Speedy Trial Tribunal 1 sentenced 19 individuals, including Babar to death, 19 other people, including Tarique, to life-term imprisonment, and 11 others to varying terms of imprisonment.
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.
The 12 fugitive convicts in the August 21 grenade attack case, including Tarique, did not appeal against the trial court verdict.
The 11 government servants of the additional 30 accused in the second charge-sheet who received varying terms jail sentences are on bail.