August 21 Case
Trial hamstrung
72 of 491 witnesses testify so far; most of key accussed busy appearing before court in other cases
Chaitanya Chandra Halder
The apocalyptic scene on Bangabandhu Avenue on August 21, 2004. Photo: File
As the nation observes today the ninth anniversary of the August 21 grenade blasts, it is still uncertain whether the trial for the gruesome attack will be completed during the tenure of the government that leaves office in a few months.
The trial court had recorded statements of only 12 prosecution witnesses, including some former DGFI officials, since April 23 last year as the trial began for the second time.
The court recorded statements of three witnesses from the first charge sheet and nine from the supplementary charge sheet. In both the charge sheets, a total of 491 people have been made prosecution witnesses.
The first trial court had recorded statements of 61 prosecution witnesses who were considered less important.
The grenade assault was carried out an Awami League rally on Bangabandhu Avenue to kill then opposition leader Sheikh Hasina.
Hasina, now prime minister, narrowly escaped death. But 24 leaders and activists, including late president Zillur Rahman’s wife Ivy Rahman, were killed and 300 others injured.
Syed Rezaur Rahman, chief counsel of the cases, told The Daily Star yesterday that he was trying his best to get the trial completed. The court is yet to take deposition of a number of vital witnesses.
Moreover, most of the accused are common in several other cases pending with war crimestribunals, the ten-truck arms haul case in Chittagong and cases relating to militant activities.
On different dates, they were produced before the courts where the trial of the cases was going on. As a result, the August 21 grenade attack trial is falling behind.
Moreover, defence sides had been trying to delay the disposal of the cases on different excuses, Rezaur added.
Asked if the main opposition comes to power after the general elections, Rezaur Rahman said the trial willcontinue and justice will be done if the rule of law remains in the country.
The BNP-led-18 party alliance government had made a Joj Miah drama to divert the incident which hampered the investigation. In 2005, Joj Miah, a petty criminal, was implicated in the cases and the then CID obtained his “confessional statement”.
Time was also killed as lawyer for Harkat-ul-Jihad-al Islami (Huji) chief Mufti Abdul Hannan in February this year filed criminal revision with the High Court challenging the legality of recording Hannan’s confessional statement by an additional metropolitan magistrate on April 7, 2011.
After the hearing, the HC dismissed the revision but over 67 days have been lost. During that period the trial court could not continue its proceedings.
Advocate Masud Ahmed Talukder, one of defencelawyers for former state minister for home Lutfozzaman Babar and BNP leader Abdus Salam Pintu, has told The Daily Star that if the BNP-led-18 party government takes the state power the trial will be conducted “neutrally”.
AL government had implicated several BNP high profile leaders, including BNP Senior Vice-Chairman Tarique Rahman, as part of a conspiracy to harass them politically, he added.
So, Masud said, the trial will be continued as per the law even after the government changes but excluding the political implication.
The Criminal Investigation Department (CID) on June 9, 2008 pressed charges against Abdus Salam Pintu, Huji chief Mufti Abdul Hannan and 20 others for their alleged involvement in the grisly attack.
Of them, Pintu, Hannan and 12 others are in custody while Pintu’s brother Moulana Tajuddin and seven others have been absconding.
Later, charges were framed against them.
The trial began in 2008 and the court recorded statements of 61 prosecution witnesses, including complainant of the cases.
Meantime, AL formed the government in 2009 and submitted petitions on August 3, 2009 for further investigation into the cases for finding out the suppliers of Arges grenades used in the attack.
In the hearing, the court ordered CID for further investigation and after the investigation CID on July 2 of 2011 supplementary charge sheets against Tarique Rahman, Babar, Jamaat-e-Islami Secretary General Ali Ahsan Muhammad Mojaheed and 28 others.
In the cases, Tarique and 19 others have been absconding while 24 others, including Babar, Pintu and Mojaheed are now in jail custody.
Eight others, including BNP leader Ariful Islam Arif and Saiful Islam Duke, nephew of BNP Chairperson Khaleda Zia, are now on bail.
Meantime, the court asked Tarique and 19 other to appear before it to face trial, but they did not comply with the court order. Later, the court made Tarique and others fugitives and issued arrest warrants against them.
The court framed charges against Tarique and others on March 18 last year. The second trial began the next month.
The trial court had recorded statements of only 12 prosecution witnesses, including some former DGFI officials, since April 23 last year as the trial began for the second time.
The court recorded statements of three witnesses from the first charge sheet and nine from the supplementary charge sheet. In both the charge sheets, a total of 491 people have been made prosecution witnesses.
The first trial court had recorded statements of 61 prosecution witnesses who were considered less important.
The grenade assault was carried out an Awami League rally on Bangabandhu Avenue to kill then opposition leader Sheikh Hasina.
Hasina, now prime minister, narrowly escaped death. But 24 leaders and activists, including late president Zillur Rahman’s wife Ivy Rahman, were killed and 300 others injured.
Syed Rezaur Rahman, chief counsel of the cases, told The Daily Star yesterday that he was trying his best to get the trial completed. The court is yet to take deposition of a number of vital witnesses.
Moreover, most of the accused are common in several other cases pending with war crimestribunals, the ten-truck arms haul case in Chittagong and cases relating to militant activities.
On different dates, they were produced before the courts where the trial of the cases was going on. As a result, the August 21 grenade attack trial is falling behind.
Moreover, defence sides had been trying to delay the disposal of the cases on different excuses, Rezaur added.
Asked if the main opposition comes to power after the general elections, Rezaur Rahman said the trial will
The BNP-led-18 party alliance government had made a Joj Miah drama to divert the incident which hampered the investigation. In 2005, Joj Miah, a petty criminal, was implicated in the cases and the then CID obtained his “confessional statement”.
Time was also killed as lawyer for Harkat-ul-Jihad-al Islami (Huji) chief Mufti Abdul Hannan in February this year filed criminal revision with the High Court challenging the legality of recording Hannan’s confessional statement by an additional metropolitan magistrate on April 7, 2011.
After the hearing, the HC dismissed the revision but over 67 days have been lost. During that period the trial court could not continue its proceedings.
Advocate Masud Ahmed Talukder, one of defence
AL government had implicated several BNP high profile leaders, including BNP Senior Vice-Chairman Tarique Rahman, as part of a conspiracy to harass them politically, he added.
So, Masud said, the trial will be continued as per the law even after the government changes but excluding the political implication.
The Criminal Investigation Department (CID) on June 9, 2008 pressed charges against Abdus Salam Pintu, Huji chief Mufti Abdul Hannan and 20 others for their alleged involvement in the grisly attack.
Of them, Pintu, Hannan and 12 others are in custody while Pintu’s brother Moulana Tajuddin and seven others have been absconding.
Later, charges were framed against them.
The trial began in 2008 and the court recorded statements of 61 prosecution witnesses, including complainant of the cases.
Meantime, AL formed the government in 2009 and submitted petitions on August 3, 2009 for further investigation into the cases for finding out the suppliers of Arges grenades used in the attack.
In the hearing, the court ordered CID for further investigation and after the investigation CID on July 2 of 2011 supplementary charge sheets against Tarique Rahman, Babar, Jamaat-e-Islami Secretary General Ali Ahsan Muhammad Mojaheed and 28 others.
In the cases, Tarique and 19 others have been absconding while 24 others, including Babar, Pintu and Mojaheed are now in jail custody.
Eight others, including BNP leader Ariful Islam Arif and Saiful Islam Duke, nephew of BNP Chairperson Khaleda Zia, are now on bail.
Meantime, the court asked Tarique and 19 other to appear before it to face trial, but they did not comply with the court order. Later, the court made Tarique and others fugitives and issued arrest warrants against them.
The court framed charges against Tarique and others on March 18 last year. The second trial began the next month.
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