Staff Reporter:
The High Court (HC) yesterday overturned the verdict of a lower court in two cases filed over the Au-gust 21 grenade attack, acquitting all convicts, including BNP’s Acting Chairperson Tarique Rahman and former state minister for home affairs Lutfozzaman Babar.
An HC bench comprising Justice AKM Asaduzzaman and Justice Syed Enayet Hossain delivered the judgment yesterday.
The court also declared the charge sheet in the case illegal.
Earlier, the court concluded hearings on the death reference and appeals of the accused on November 21, keeping the cases awaiting judgment (CAV).
After the verdict, the defense lawyer, Mohammad Shishir Monir, said according the verdict, the High Court declared the judgment of the trial court as illegal. “The verdict was based on hearing on the wit-nesses and there is no evidence that anyone witnessed the incident.”
He further said that the confessional statements were taken through unleashing torture. Mufti Hannan gave two confessional statements.
“The court said that the second confession, which Mufti Hannan had made, was later withdrawn by him. Therefore, this confession has no legal basis,” he added.
Appeal petition over the verdict
Meanwhile, Attorney General Md Asaduzzaman said that the decision on whether to file an appeal against the High Court’s verdict in the August 21 grenade attack case will be made after reviewing the rationale behind the judgement.
“We will decide on filing an appeal after reviewing the rationale of the judgement. I believe an appeal should be filed,” he said in response to queries from the media regarding the possibility of an appeal on Sunday.
BNP’s reaction over the verdict
Expressing relief over the High Court’s acquittal of Tarique Rahman in the August 21 grenade attack cases, BNP Secretary General Mirza Fakhrul Islam Alamgir stated on Sunday said this verdict has mani-fested all the cases filed against their party Acting Chairman were politically motivated and conspiratori-al.
“Tarique Rahman was acquitted by the High Court after legally facing the charges brought against him,” he said in a statement following the High Court’s verdict in the two cases filed over the August 21 gre-nade attack.
The judgement has shown that the Awami ‘fascist’ government accused Tarique Rahman in these cases with political motives, he said.
“Through this historic verdict, it has been demonstrated once again that all the cases filed against Tarique Rahman were political conspiracies,” Fakhrul said.
Earlier, at a press conference at the BNP’s Nayapaltan central office, party Senior Joint Secretary Gen-eral Ruhul Kabir Rizvi expressed his satisfaction, saying that justice has been served as the High Court acquitted Tarique Rahman and the others convicted in the two cases.
Rizvi said when retired police officer Abdul Kahar Akhand was reappointed and made the investigation officer (IO) of the cases during the Awami League rule, it became clear to them that the government had malicious intentions.
The BNP leader also alleged that the Awami League government had used state power to forcibly con-vict Tarique Rahman and other BNP leaders in the cases. “We have got the proper judgement from the apex court. Some of the justice for which we have been engaged in a long political struggle has been reflected in the verdict,” he said.
Meanwhile, BNP senior leader Mirza Abbas described the High Court verdict in the August 21 grenade attack cases as ‘good news of justice’ in the month of victory.
“I want to share a piece of victory news on the first day of Victory Month… the court has acquitted Tarique Rahman and others in the August 21 grenade attack cases, as they were not involved in it,” he said during a discussion at the National Press Club.
“The court yesterday (Sunday) delivered a verdict confirming that Tarique Rahman was not involved in it… he has been acquitted.”
Aug 21 Grenade attack
The grenade attack, a shocking incident, occurred on Dhaka’s Bangabandhu Avenue on August 21, 2004.
At least 24 people, including Awami League’s women affairs secretary and late President Zillur Rah-man’s wife Ivy Rahman, were killed. Three hundred others were also injured. Sheikh Hasina survived but suffered hearing impairment.
Lower court verdict
On October 10, 2018, a Dhaka Speedy Trial Tribunal issued a verdict in one of the cases (pertaining to murder and explosives).
The tribunal sentenced 19 people, former state minister for home affairs Lutfozzaman Babar and former deputy education minister Abdus Salam Pintu, to death.
Besides, 19 others, including BNP’s acting chairman Tarique Rahman, were handed life imprisonment sentences, while 11 accused received various terms of imprisonment and fines.
The judgment was subsequently transferred to the HC in 2018, registered as a death reference case.
Hearings for the death reference and related appeals are typically held concurrently. In this instance, hearings in the High Court for the August 21 grenade attack case, encompassing the death reference and appeals, began on October 31.
The grenade attack on August 21, 2004 prompted the filing of two cases—one for murder and another for explosives—at Motijheel Police Station.
In 2008, the Criminal Investigation Department (CID) charged 22 people, alleging that the attack was orchestrated by militants aiming to assassinate Sheikh Hasina and render the Awami League leaderless.
Subsequently, under the Awami League government, further investigation led to the submission of an additional charge sheet, naming 30 people, including Tarique Rahman.