Staff Reporter:
The Supreme Court yesterday granted a leave to appeal petition filed against the High Court judgment that had acquitted all the people convicted by the lower court in murder and explosives substances act cases filed over the grenade attack on an Awami League rally in the capital on August 21, 2004.
A six-member Appellate Division bench headed by Chief Justice Syed Refaat Ahmed passed the order yesterday.
Additional Attorney Generals Mohammad Abdul Jabber Bhuiyan, Mohammad Arshadur Rouf and Aneek Rushd Haque argued for the state plea yesterday. Senior Advocate SM Shahjahan and Advocate Mohammad Shishir Manir stood for the defence.
The High Court on December 1, 2024, pronounced its verdict, scrapping the lower court judgment in the two cases. The court came up with the verdict after holding a hearing on the death references, criminal and jail appeals filed in the two cases.
“Death Reference is rejected, all appeals are allowed, all rules are absolute”, said the identical short judgments pronounced by the High Court bench of Justice AKM Asaduzzaman and Justice Syed Enayet Hossain.
“The court observed that the lower court trial was illegal as it was not held in accordance with the law. No eyewitnesses were examined in the cases rather, all the witnesses, who were examined, heard about the incident,” defence counsel Advocate Shishir Manir told newsmen on that day.
Advocate Manir further said the court also observed that the lower court concerned delivered the judge-ment based on a confessional statement of Mufti Abdul Hannan, but his confessional statement has no evidential value as it was taken by force.
At least 24 people were killed and many others injured in the grenade attack on an Awami League rally on August 21, 2004.
