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Download PDF The High Court (HC) yesterday acquitted six former army men including Syed Farook Rahman, Sultan Shahriar Rashid Khan, Bazlul Huda and AKM Mohiuddin Ahmed of charges in the Jail Killing Case.
It however upheld the death sentence to Resalder (retd) Muslemuddin, still on the run.
Of those acquitted, Dafadar (dismissed) Marfat Ali Shah and Dafadar (dismissed) Abdul Hashem Mridha had been condemned to death for killing four national leaders inside jail while Lt Col (dismissed) Farook, Lt Col (retd) Shahriar Rashid, Major (retd) Huda and Major (retd) Mohiuddin sentenced to life for abetting in the act.
Marfat Ali and Abdul Hashem are fugitives and the rest behind bars.
Independence stalwarts Syed Nazrul Islam, Tajuddin Ahmed, M Mansur Ali and AHM Qamaruzzaman were killed in Dhaka Central Jail on November 3, 1975, a little over two and a half months after the assassination of Bangabandhu Sheikh Mujibur Rahman.
The HC asked the authorities to release those in jail if they are not held in any other case.
Farook, Shahriar Rashid, Huda and Mohiuddin are detained also in Bangabandhu Murder Case.
The bench of Justice Nozrul Islam Chowdhury and Justice Md Ataur Rahman Khan pronounced the judgment on hearing the death references and appeals against the trial court decisions for 26 workdays.
It did not pass any orders on the eight lifers who had not filed any appeal. This means their convictions by the lower court will remain effective.
The eight, believed to be holed up abroad, are Lt Col (dismissed) Khondaker Abdur Rashid, Lt Col (relieved) Shariful Haq Dalim, Lt Col (retd) SHMB Noor Chowdhury, Lt Col (retd) AM Rashed Chowdhury, Major (relieved) Ahmed Sharful Hossain, Captain (retd) Abdul Majed, Captain (relieved) Kismat Hashem and Captain (relieved) Nazmul Hossain.
In the judgment, the HC observed that the evidence and statements of the witnesses did not prove the allegations except those against Muslemuddin. The convicts appealing against the verdict will get the benefit of the doubt as per principle of natural justice.
It said since Muslemuddin’s name was on the register at the jail gate on November 3, the day the killings took place, and all the witnesses testified that he was involved in the murders, he cannot be let off.
The bench also observed that the investigation officer had not properly investigated the Jail Killing Case. Some persons had been wrongly implicated, it added.
The relatives of those acquitted expressed satisfaction with the HC verdict.
Sweety, Mohiuddin’s relative, said, “We have got justice from the High Court in this case and hope the same will happen to other cases as well.”
Anisul Huq, who moved for the prosecution, termed the verdict “unfortunate and a farce”.
“I am disappointed with the judgment. We will go to the Supreme Court to appeal against it. We have faith in the apex court and we believe we’ll get justice there,” he told the reporters on the court premises.
Abdullah-al Mamun, counsel for the defence, said the verdict shows that some innocent persons were implicated in this case.
“It proves my clients were not involved in the killings,” he said.
Earlier on August 18, the HC began delivering the verdict.
Hearings on the appeals and death references in the Jail Killing Case began on July 13, around four years after the trial court’s judgment.
On November 4, a day after the killings, the then deputy inspector general of police Abdul Awal filed a case with Lalbagh Police Station against four persons including Muslemuddin.
Around 23 years after the case was filed, police submitted charge sheet against 23 people including Farook and Muslemuddin on October 15, 1998.
Metropolitan Sessions Judge’s Court in Dhaka delivered verdict in the case on October 20, 2004, sentencing three people to death, 12 to life in prison and clearing five of the charges.
Of them, Farook, Rashid and Huda were sentenced to death in the Bangabandhu Murder Case.
The five relieved of charges were KM Obaidur Rahman, Shah Moazzem Hossain, Nurul Islam Monzoor, Taheruddin Thakur and Khairuzzaman.
The convicts moved the High Court immediately after the verdict. Mohiuddin, who was brought back home from the United States on June 18 last year, appealed against his conviction from jail.
August 29th, 2008 at 11:20 pm
It’s outrageous to see the killers of Jail killings set free by the Moin-Fakruddin government. It clearly reveals the conspiracy to install the BNP government in power in December, 2008. This is no caretaker government. This is a backup team for the corrupt and failed BNP-Jamaat-e-Islami government that ruined democracy.
No wonder it has released Khaleda Zia in line with the conspiracy that was hatched in January, 2007 to buy time for BNP-Jamaat alliance.
Most of the advisers including the CA are direct beneficiaries of Khaleda Zia and Tarek Rahman. This caretaker government was always looked at with suspicion by investigative analysts of the post-1975 Bangladesh. They naturally will be sympathetic to the killers since one of them had been a very close friend to the killer Dalim when he was posted abroad in Nairobi, Kenya by the World Bank while Dalim, the self-confessed assassin of Mujib, was appointed as an ambassador to Nairobi by the BNP government.
Hasina and the Awami League should never have expected fair judgement from a government that has close links with the assassins of August 15 and November 3, 1975 gruesome murders.
August 30th, 2008 at 5:08 am
Come on the High Court made the decision not the CT government. In the judgment, the HC observed that the evidence and statements of the witnesses did not prove the allegations except those against Muslemuddin.
Since the CT government took the power, they have almost destroyed the BNP, not just the people of Bangladesh, but the whole world have witnessed that this government have no influence within the BNP.
Its a shame that justice has not been done yet, which should have been done long time a go to the real culprits with the sufficient evidence.