The fourth anniversary of the notorious and brutal Aug 21 2004 grenade attack on an Awami League rally in the capital brings renewed hopes of a successful prosecution, although concerns remain over irregularities in the investigation and a potentially long drawn out trial.
Frequent changes of investigation officers and other irregularities in the case have led the prosecution to claim that it may still take a number of years before anyone is brought to book for the crime.
However, on June 11 this year the police at last submitted a new charge sheet in the case, which contained the names of 22 people, including BNP former deputy minister Abdus Salam Pintu and Harkatul Jihad leader Mufti Hannan.
The home ministry has also decided in principle to relocate the case to a speedy trial tribunal from the Dhaka Metropolitan Sessions Judge's Court, in a move that many hope will hasten any future convictions.
The grisly grenade attack perpetrated on the AL rally on Bangabandhu Avenue on Aug 21, 2004 claimed 23 lives, including party leader Ivy Rahman—while many hundreds of party supporters, reporters and members of the public were wounded.
Although only one case was originally filed in connection with the incident, the police have now submitted two charge sheets -- one for unlawful killing/murder and another under the explosives act.
Additional public prosecutor Kabir Hossain told bdnews24.com that lengthy delays in the case were greatly complicating the prosecution, and that the more than 400 witness testimonies alone could take several years to complete.
Also speaking to bdnews24.com, assistant inspector general of police Abdul Jalil Mandal said the police headquarters had received a letter from the home ministry directing them to assist in the speedy disposal of the cases.
"On August 4, the home ministry decided in principle to transfer the cases to the speedy trial tribunal," said Mandal.
The assistant inspector general added that the relocation of the cases was now waiting a gazetted notification from the home ministry following approval from the law ministry.
According to principal public prosecutor Ehsanul Haque Samaji the legal necessity of submitting two charge sheets now means each case will be tried in two separate courts.
The case under the explosives act is now under trial in the Senior Sessions Judge's Court, where Judge Azizul Haque issued arrest warrants against eight individuals and set Aug 31 for charge framing, Samaji said.
Meanwhile, the murder case is currently under trial at the Metropolitan Second Additional Sessions Judge's Court, under Judge AKM Rasheduzzaman, who has also set Aug 31 for charge framing, the lawyer added.
Regarding the ongoing delays in the cases, Samaji said the accused had already been taken to court three times for the charge framing hearing. However, counsel for Abdus Salam Pintu, one of the main suspects, was granted additional time to prepare.
"Apart from that, there are hundreds of cases pending in the Sessions Judge's Court, so it becomes very difficult to set a new date," he said.
Samaji said moving the cases to the speedy trial tribunal would help in solving these matters.
"The trial process is much quicker due to the reduced number of cases under trial. It might take one-or-two weeks to promulgate the gazette after approval from the law ministry to move the cases," said the public prosecutor.
The case was initially filed at Motijheel Police Station one day after the grenade attack.
The investigation then passed through a succession of hands until it came under the control of Fazlul Kabir on Aug 22 last year, by which time some 20 people were shown arrested and confessional statements had been taken from three of them.
Kabir, however, stated that he had not found any involvement of the 20 accused in the crimes, and recommended in his charge sheet that they be exempted from the case.
The principle suspects at the time included Dhaka metropolitan Al leader and former ward commissioner Mokhlesur Rahman, Shaoibal Saha Partha and Joj Miah, a resident of Noakhali.
Following the statement of Joj Miah, the police made the controversial claim that a number of notorious criminals including Subrata Bain were involved in the grenade attack.
Later, the investigation pointed to the involvement of militant Islamist party Harkatul Jihad Al Islami, also known as Huji. The organisation's leaders, Mufti Hannan and Maolana Tajuddin, were now implicated in the crime.
According to Kabir, the investigating officer, Abdus Salam Pintu was the cousin of Tajuddin and the plan was hatched at his house.
Speaking to bdnews24.com Monday, Kabir said: "Our investigation found that Huji carried out the grenade attack."
"The party perpetrated the attack in the belief that the Awami League is an anti-Islamic party," the investigating officer said.
CID chief additional inspector general of police Mohammad Jabed Patwari confirmed that they had not found any involvement in the incident from any mainstream political party.
"The investigation showed that Maolana Tajuddin provided the grenades. Tajuddin is still a fugitive, so we will be more sure of the source of the grenades if he is arrested," said Patwari.
"The grenades used in the attack are not produced in Bangladesh. They are made in Austria," he added.
The police have now pressed charges against 28 people, although only 22 are now accused due to the death of two and the unknown whereabouts of a further four people
Subject: Aug 21 brings renewed hopes, doubts of trial............... 
Thu Aug 21, 2008 7:38 am
