Photo: Collected
The heinous grenade attack that unfolded on 21 August needs to be investigated properly and should be referred to the home ministry, the High Court said in the observation in the full verdict published today.
On 1 December, the HC had scrapped the lower court verdict in the two cases filed over the grenade attack on an Awami League rally in Dhaka on 21 August 2004, acquitting all convicts, including BNP acting chairperson Tarique Rahman and former state minister for home affairs Lutfozzaman Babar.
In the full text of the observation, it stated that fair justice for the people who had lost their lives, including then AL leader Ivy Rahman, in the attack had been totally missing.
Asking for an independent investigation, it said the home ministry should begin investigations afresh to ensure justice. On the basis of acquitting all convicts, it said, "In view of the above factual aspect of this case it can safely be said that the impugned conviction was based mainly on a mere presumption without having any legal or corroborative evidence."
The court said after deliberations, it had found "the prosecution totally failed to bring whom the charge of committing any offence by the presence and participation of any of the accused in the instant case, either for convicted them under section 302/34 of the Penal Code or under section 3, 4 and 6 of the Explosive Substance Act."
It opined that the "trial was held illegally without having a jurisdiction since the second investigation was not done properly as well as the trial was held without having a proper cognizance of the case."
"In all views of the matter we are constraint to hold the view that the impugned conviction and sentence is per se illegal and not sustainable in law, which is liable to be set aside.
"We are of the view that in the absence of any legal and tangible evidence as well as legal basis, the impugned conviction cannot stand, accordingly the Death Reference under section 374 of the Code of Criminal Procedure is hereby rejected and the appeal filed by the appellants are hereby allowed and the Rules are made absolute."
It said the conviction and sentence awarded to the accused appellants was hereby set aside and all the appeals and jail appeals were allowed.
"This judgment also will apply to non-appealing convicts, since the impugned conviction is found to be illegal and not sustainable in law. The impugned judgment and conviction is hereby set aside and the appellants, who are in custody are hereby directed to set at liberty at once."
The court also said, "So far the legal argument is concerned there are lot of decisions are there as been settled by our Apex court that after accepting the charge sheet, case cannot be reopen again or send for further investigation, but however if the informant or Investigating Officer is found a new and subsequent materials on the alleged occurrence he can proceed with a investigation of the case and can submit a supplementary charge sheet but court is not authorize to allow the prosecution on their application to investigate the case afresh by sending the case on further investigation or re investigation, which is absolutely illegal and thereby it can also be held that the continuation as well as subsequent proceeding of the instant criminal case based on that illegal charge sheet held on further investigation is also not sustainable in law."
Messenger/JRTarek
