The New Nation - Internet Edition

High Court verdict on jail killing case: 2 condemned convicts, 4 lifers acquitted, Death sentence of Risalder Muslemuddin upheld: Faruque, Shahriar Rashid, Bazlul Huda among those

Four national leaders Syed Nazrul Islam, Tajuddin
Ahmed, Mansur Ali and A H M Karuzzaman who were slain in
jail.

Staff Reporter

The High Court in a crucial judgment in jail killing case yesterday acquitted life convicts lt col (dismissed) Syed Farook Rahman, retired lt col Sultan Shahriar Rashid Khan, retired majors Bazlul Huda and AKM Mohiuddin of the charges, and upheld death sentence for Risladar Moslemuddin.

It acquitted two fugitive death convicts Dafadar Marfat Ali and Abul Hashem Mridha.

The court upheld life sentence for eight of the 12 convicts.

They are Khandaker Abdur Rashid, lt col artillery, Shariful Haque Dalim, lt col SHMB Nur Chowdhury, lt col MM Rashed Chowdhury, major Ahmed Sharful Hossain, captain Abdul Mazed, captain Md Kismat Hashem and captain Nazmul Hossain Ansar.

The bench of justice Nozrul Islam Chowdhury and Ataur Rahman Khan handed down the judgement following appeals.

The court on Aug 18 started delivering its verdict on the appeals by the convicts against the judgement of the trial court.

State counsel advocate Anisul Haque termed the verdict 'unfortunate and a farce'.

Also acquitted are condemned "killers" Dafadar Marfat Ali Shah and Dafadar Abul Hashem Mridha. The HC only affirmed the death sentence against Risalder Moslem Uddin Ahmed for the gruesome killings staged on November 3, 1975 in Dhaka Central Jail.

Farooq, Shahriar, Mohiuddin and Bazlul Huda earlier had applied to the High Court seeking to overturn the trial court judgment that had awarded them life imprisonment.

However, these four retired army officers cannot walk to freedom since they were already condemned to death in the Bangabandhu murder case related to the assassination of the country's independence leader Sheik Mujibur Rahman along with most members of his family in the August 15, 1975 military putsch.

After the assassination of independence leader Sheikh Mujibur Rahman on August 15, 1975, four close political colleagues - Syed Nazrul Islam, Tajuddin Ahmed, M Monsur Ali and AHM Qamaruzzaman who ran the provisional government of Bangladesh at Mujibnagar - were killed inside the jail on November 3, 1975. These leaders were also influential members of the slain President Sheikh Mujibur Rahman's government.

The following day the then deputy inspector general of police Abdul Awal filed a case with Lalbagh Police Station against four persons.

After the Awami League took office in 1996, police on October 15, 1998 - 23 years after the case was filed - submitted charge sheet against 23 people including accused Moslemuddin and Farook.

The jail killings were seen as a desperate bid of power usurpers amid a political vortex, 79 days after the assassination of Bangabandhu Sheikh Mujibur Rahman and his family members on August 15.

On October 20, 2004, a trial court in Dhaka sentenced three rankers-- Risalder Moslemuddin Ahmed, Dafadar Marfat Ali Shah and Dafadar Abul Hashem Mridha--to death and awarded life imprisonment to 12 mid-level army officers for the carnage in custody. Dhaka metropolitan sessions judge Md Motiur Rahman gave the verdict after the trial had run six years.

The trial court had acquitted four politicians-cum-junior ministers of Sheikh Mujib's government-KM Obaidur Rahman, Shah Moazzem Hossain, Nurul Islam Manzur and Taher Uddin Thakur.

Condemned fugitive Risalder Moslemuddin Ahmed and acquitted Dafadar Marfat Ali Shah and Dafadar Abul Hashem Mridha have been on the run long since.

The remaining eight lifers who remain absconding will not enjoy the benefit of the High Court judgment since they did not apply for redress--the trial-court judgment stands in operation against them.

The close relations of the accused were present in the court that concluded the judgment amidst tight security.

Adv Anisul Huq, who conducted the case for the State, told reporters that the government would move to the Appellative Division against the High Court orders.

Additional Attorney General Mansur Habib, Nurul Islam Sujan, Mosharraf Hossain Kajol, SM Rezaul Karim, Momtaz Uddin Mehedi, Barrister Fazle Noor Tapash and Motahar Hossain Saju assisted Anisul Huq.

Former Additional Attorney General Abdur Rezzak Khan and Syed Mizanur Rahman appeared for Shahriar and Farooq respectively while Abdullah Al Mamun for Mohiuddin and Huda.

Adv Abdul Hannan conducted the case as the State Defence for three fugitives-Moslem Uddin, Marfat and Mridha.

The convicts moved the High Court immediately after the verdict. Lancer Mohiuddin was extradited from the United States last year and he appealed against his conviction from jail.

The High Court started hearing the appeals against the trial court verdict and death references on July 13 after four years.

Judgement disappointing: Zillur

Staff Reporter

Awami League Acting President Zillur Rahman yesterday said that the High Court verdict, which acquitted the main accused of the Dhaka Central Jail assassination case, has disappointed the whole nation.

Zillur made this comments while expressing his reaction over the verdict at his Gulshan residence.

"The verdict will be considered as a shocking example in the nation. We want a society where equal justice will be established and no one will be deprived. But the verdict has frustrated us very much," he added.

Zillur said that it was unfortunate for the nation that country's four great leaders were assassinated brutally through bayonet charge inside the jail, but the killers are yet to be punished.

He said the people of Bangladesh would definitely reject the HC verdict in the jail killing case, as it was not declared neutrally. Zillur apprehended that with the HC verdict would encourage terrorists and professional killers to continue their activities throughout the country.

While asked whether the HC verdict will influence the Bangabandhu murder case, Zillur said he does not think so although the defenders are common.

Earlier, at a launching ceremony of a compiled book on life and politics of Bangabandhu Sheikh Mujibur Rahman at his house, Zillur asked the Election Commission to simplify the conditions for registration of political parties.

He observed that many political parties would not be able to complete registration on account of some hard conditions, which are difficult to be fulfilled.

Zillur demanded complete lifting of the state of emergency ahead of the parliamentary polls and unconditional release of AL chief Sheikh Hasina, now staying in USA for treatment.

He informed that Sheikh Hasina would return home in September.

Zillur expressed party's firm stance for not participating in the national election under the state of emergency and without Sheikh Hasina.

About the resignation of the party men, who were elected mayor in the city corporations and pourashava polls, Zillur said, "I personally think that they should resign from the party, as they participated in the polls being agreed with the conditions imposed by the EC. So if they do not resign from the party, their mayorship will be automatically cancelled.

Delwar, Mojaheed hold parleys with Khaleda in prison: BNP to join polls after party chief’s release

Khaleda Zia

Staff Reporter

BNP will join in dialogue in a free atmosphere as soon as the government releases Khaleda Zia and Tarique Rahman, said BNP secretary general Khandaker Delwar Hossain yesterday after meeting the detained party chief at the makeshift special jail.

BNP secretary general said that Khaleda had expressed interest in joining the dialogue process.

Emerging from the meeting, Delwar told reporters that BNP wants to participate in the dialogue and general election after the release of Khaleda and Tarique.

Delwar and Jamaat-e-Islami secretary general Ali Ahsan Mohammad Mojaheed met Khaleda from 12:45pm to 3:30pm in the makeshift jail after she was granted bail in the Barapukuria coal mine graft case yesterday.

This is for the first time Delwar was allowed to meet his party chief since she was arrested on September 3 last year.

"BNP is a pro-election party and wants to join the dialogue preceding the holding of the general election," he said.

But, he added, Khaleda must be freed and Tarique sent abroad for better treatment. Delwar said during the meeting, Begum Zia wondered as to why her eldest son Tarique has not yet been set free.

"Not as BNP chairperson but as a mother I demand that Tarique be immediately sent abroad for treatment," Begum Zia was quoted as saying.

The immediate-past PM conveyed her greetings to leaders and workers of the BNP-led 4-party alliance for successfully observing the human-chain program on Wednesday.

Earlier, A High Court bench granted former Prime Minister Khaleda Zia four months' bail yesterday in the Barapukuria coalmine case.

The HC bench of justices Sharifuddin Chaklader and Imdadul Haque Azad also asked the government and the Anticorruption Commission to explain in six weeks why the case should not be quashed.

ACC assistant director MD Shamsul Haque filed the case with Shahbagh Police Station against 16 people including Khaleda Zia and 10 ministers on Feb 26.

The same bench has granted bail to former ministers Abdul Mannan Bhuiyan, Shamsul Islam, MK Anwar and Motiur Rahman Nizami in the same case.

Mayors-elect, councillors quit party posts

Our Correspondent

Rajshahi City Corporation Mayor-elect AHM Khairuzzaman Liton who is also General Secretary of Rajshahi City Awami League, Khulna City Mayor Talukder Abdul Khaleque-President of Khulna City Awami League and Barisal mayor elect Shawkat Hossain Hiron also convenor of Barisal City Awami League have resigned from the party posts yesterday. Talking to the New Nation, Liton said he resigned from the party post because he wants to serve the people of Rajshahi with utmost sincerity. He also referred to the direction from the concerned ministry to resign all party posts. He further said despite his resignation from the party post, his love and sresponsibility for the party will not be found wanting.

The councillors of RCC holding various party posts have also resigned their posts.

BNP secured the highest 12 councilor posts in the recent Rajshahi city Corporation election despite losing mayoral post. Of the rest councillors, eight belong to Awami League, two to Jamaat-e-Islam, one to Bangladesher Communist Party and seven are independents.

The councillors who resigned the party posts are Mansur Rahman of ward no 1, Nomanul Islam of Ward no 2, Meraz Uddin of Ward no 3, Sajjad Hossain of Ward no 4, Kamruzzaman Kamru of Ward no 5, Abul Hasnat of Ward no 6, Abdul Jabbar of Ward no 7, Abdul Hamid of Ward no 8, Maniruzzaman Bablu of Ward no 9, Siraj Uddin Manik of Ward no 10, Rabiul Islam Taju of Ward no 11, Shariful Islam Babu of Ward no 12, Rabiul Alam Milu of Ward no 13, Mohammed Tutul of Ward no 14, Abdus Sobhan Liton of Ward no 15, Belal Hossain of Ward no 16, Shadat Ali Shah of Ward no 17, Shahidul Islam of Ward no 18, Nuruzzaman Tito of Ward no 19, Mustak Ahmed Ratan of Ward no 20, Nizamul Azim Nizam of Ward no 21, Abdul Hamid Sarker Tekon of Ward no 22, Bazlul Haque Montu of Ward no 23, Jahangir Alam of Ward no 24, Akbar Ali of Ward no 25, Moklesur Rahman Khalil of Ward no 26, Anawarul Amin Ajob of Ward No. 27, Ansar Ali of Ward no 28, Jaher Hossain Suja of Ward no 29 and Shahidul Islam Pintu of ward no 30.

Newly elected KCC Mayor Talukder Abdul Khaleque, who is also President of city unit of Awami League, resigned from his party post earlier and in writing informed the matter to Director of Local Government Division Mohammad Rais Uddin on Thursday.

Eight Councilors and four female Commissioners also resigned from party posts and through application informed Rais Uddin by 2:30pm on Thursday.

Eight Councilors are : Shah Alam, Gazi Sarwar Azam, Abul Kashem, Khan Mansur Ali, Mahbub Kaiser, Imam Hasan Moina, ZA Mamun Don and Gius Uddin Bonny.

Four female Commissioners (reserved seat) are : Amena Halim Baby, Mahmuda Begum, Ruma Khatun and Begum Halima Hena.

They all resigned from posts of respective parties to comply with an earlier order of the Election Commission which stated that anyone elected to any office of KCC cannot take oath unless he/she resigns from party posts by August 28.

Most of those resigned from party posts belonged to the two major political parties, BNP and Awami League.

High commodity prices force many to brink

Syful Islam

High commodity prices and low employment generation have made people's life miserable and forced many of them to take begging for survival.

Having failed to meet the daily needs with their little income, many poorest of the poor have started begging.

In the recent days number of beggars has increased significantly in the streets of Dhaka city. They are mostly seen at bus stoppages and traffic signal spots. Scores of beggars also dash into buses for begging when they stop at traffic signals. The beggars include old men and women and also young people of poor income bracket.

Some beggars said they came to Dhaka in the last few days from countryside as they failed to meet their daily needs in the wake of price spiral of essentials.

"There is no work at my village at the moment. Prices of almost all food items have doubled in the last two years, but my income decreased. I cannot meet my daily needs with my low income.

I found no job in Dhaka city. So I have no option but to beg," said Rahim Mia, a middle aged man while talking to The New Nation in city's Gulshan area.

Rahim Mia is not the only one who left his village failing to ensure two square meals a day. Sakhina, Manju, Nannu, Shafiq and many of them likes also came capital city Dhaka and started begging.

"I came to the city to find a job. But the factory owners offered me very poor salary by which I would not be able to make my own ends meet, leave alone supporting my family members. So, I started begging," said Manju who came from Satkhira district.

As the number of beggars increased steadily in the capital, earning from this profession has become tougher. A large number of beggars especially women have changed their profession and become hawker. Therefore, number of traffic signal based hawkers also recorded a sharp rise in the city.

"I had been begging near the traffic signals during the last three years. But I changed my begging profession and now selling lozenge. This is more profitable as some people give money without taking lozenge or give double price," said Selina Akter, mother of two young children, in the city's Shahbag area.

"My husband deserted me with two kids. When I narrate my miserable situation, people buy chocolates and give extra money. This way I am running my family," she said.

Meanwhile, the World Bank recently said that recent food price rise has pushed down some 40 lakh people of the country anew below the poverty line.

World Bank country Director Xian Zhu said the price of rice remained high despite the bumper production of 'Boro' crop. It is causing hardship to the poor and low-income group of people and eroding nearly one-fifth of their household income.

Tarique granted bail in all cases

Staff Reporter

With Supreme Court bail in a Tk 21 crore bribery case involving the murder of a Bashundhara Group Director, Tarique Rahman, the elder son of detained former prime minister, yesterday secured bail in all cases filed against him after 1/11 changeover.

A 3-member Appellative Division bench presided over by Chief Justice MM Ruhul Amin granted the bail to Tarique for eight weeks on health grounds as he suffers from spondelo-arthritis.

Tarique Rahman, also senior joint secretary general of BNP, obtained the bail from all cases amid the demand for his release was getting momentum from various corners including the four-party alliance, particularly to ensure his treatment abroad.

Barrister Rafiqul Haque, lawyer of Tarique told reporters with the latest bail granting by the Supreme Court there is no legal obstacle to release Tarique Rahman since he has already obtained bail in all cases.

Another lawyer Barrister Nasiruddin Ashim said yesterday's bail removed all obstacles in freeing Tarique Rahman from jail.

He hoped that Tarique Rahman is likely to be freed from prison on Sunday next following due procedures including reaching court order to jail authority and signing bail bond.

Meanwhile, Adviser for Communication Maj Gen (Retd) Ghulam Quader yesterday told reporters that the government would not interfere on the court order.

Replying to a question he said that it is easy to release on parole and getting release on bail is a lingering process.

Of the total 13 cases, criminal cases, including corruption and extortion, filed against him, Tarique Rahman now received bail in 12 cases. Earlier, another case was disposed off finally by the court.

Tarique Rahman, who is now undergoing treatment at Bangabandhu Sheikh Mujib Medical University (BSMMU) prison cell, was arrested on March 7 last year in connection with a number of corruption cases.

Adviser for Home Affairs Maj Gen (Retd) MA Matin yesterday said that the process for the release of Tarique Rahman has made progress.

He, however, said that he did not know about the state of the actual state of Tarique's release.

ACC advises govt to stop LR fund

UNB, Dhaka

The Anti-Corruption Commission advised the government to stop running local resources (LR) funds at upazila, district and divisional levels in the interest of the image of the public administration, as there have been allegations raised about shady transactions.

ACC director general (admin) Col Hanif Iqbal told the Commission's regular briefing session that recently there have been complaints about running LR funds at the offices relating to police, taxes, land and revenue at upazila, district and divisional levels. "The Commission has sent a letter advising the government to stop running such funds in the interest of keeping the image of the public administration intact," he said.

Hanif said that in recent times, during prevention of corruption-related view- exchange meetings with the Commission, people pointed out different adverse aspects about the LR funds.

The running of such funds raised different types of questions, as there is no convention of auditing income and the spending of money belonging to these funds, he said.

Hanif, the ACC spokesperson, said the Commission has also put forward a set of recommendations to the government for ensuring transparency about role played and the opinions given by the members of the committees at government offices on issues like purchase, appointment of consultants and land allocation.

He said that during investigations into graft allegations under the ongoing purge, the ACC has noticed that along with notices calling meetings, the members are generally not supplied with relevant technical, administrative and strategic information.

"There is also no clear direction about the agenda," he added.

Hanif said that the Commission has also noticed that in the proceedings of the meetings there is no reflection of objection or no-objection of the members, and there is no other signature apart from the heads of the committees.

Therefore, it is not possible to identify the persons for and against the decisions, he said. "As a result, many innocent officials get accused, which is not desirable."

Hanif said despite having difference of opinions, members could not express their views, as there is no mention of those having different opinions. "This practice indirectly helps particular quarters in committing corruption and members playing main roles get the opportunity to be relieved of their responsibilities."

He said the ACC recommended all the members be supplied specific agenda, relevant information and records at least three days prior to the meetings.

The recommendations include compulsory opinions by every member, recording of the opinions and compulsory signature by each member.

If any non-technical person is included in a technical committee, he or she should be given adequate idea before participating in the meeting.

EC-political parties dialogue from Sept 6

Staff Reporter

Amid latest developments in the political arena, the Election Commission will sit for a fresh round of dialogue with 16 political parties from September 6 to discuss objections regarding their registration that is mandatory for contesting the general election according to the new electoral laws.

The Commission, this time will invite the BNP faction led by its Secretary General Khondoker Delwar Hossain dialogue on behalf of the party.

Talking to reporters, Chief Election Commissioner Dr ATM Shamsul Huda yesterday said the Commission would sit for dialogue to settle some objections being raised by a number of political parties over the party-registration process.

"The objections, particularly on registration time, will be solved through discussion with the political parties," he observed.

The CEC said the Commission would invite the BNP faction led by Khondoker Delwar Hossain as Secretary General to attend the dialogue.

The EC is learnt to start the third round of dialogue with Workers Party at 10:30am on September 6. The EC is expected to sit with BNP on September 7 at 2:00pm while with Awami League on September 9 at 2:00pm.

Meanwhile, a total of eight political parties collected registration forms from the EC. The political parties include National People's Party, Islamic Shashantantra Andolon, Bangladesh Khelafat Majlish, Independent Gano Andolan, Bangladesh Sachetan Nagarik Manchha, Liberal Democratic Party (LDP), Jamaat-e-Ulama Dal and Jatiya Samajtantrik Dal (Ratan).

HC issues rule against formation of TAC

UNB, Dhaka

The High Court yesterday issued rule asking the government to explain why the impugned Voluntary Disclosure of Information (Amendment) Ordinance 2008 under which the Truth and Accountability Commission (TAC) was formed should not be declared "unlawful and ultra vires of the constitution".

After a three-day hearing on a public-interest litigation writ petition, a Division Bench comprising Justice Khademul Islam Chowdhury and Justice Mashuque Hosain Ahmed issued the rule, dismissing the plea of the Attorney General, the chief government law officer, for rejecting the writ summarily.

AG Salahuddin Ahmed denied that the Ordinance is conflicting with the constitutional provisions. The rule is made returnable in two weeks.

The HC bench, however, did not entertain the writ petitioners' prayer for an interim order, pending hearing of the rule, restraining the clemency body TAC from performing its function under the impugned Ordinance.

Four rights activists filed the writ petition that challenged the constitutional validity of the much-talked- about Voluntary Disclosure of Information (Amendment) Ordinance 2008 under which the TAC has been formed to hand out clemency to self-confessed corrupt persons.

Rights activists advocate Adilur Rahman Khan, Farida Akhter, Dr Dipu Moni and advocate ASM Nasiruddin Elan filed the PIL writ petition.

President Dr Prof Iajuddin Ahmed constituted TAC on July 30 by appointing its chairman Justice Habibur Rahman Khan and two members --- former comptroller and accountant general Asif Ali and Maj Gen (retd) Manzur Rashid Chowdhury.

On August 3, the TAC, the newest institution for dealing with graft charges under the countrywide purge in the interim period, finally started functioning through receiving clemency petitions but was yet to deal with the cases of the penitent corrupt.

The Commission will consider the cases of the corrupt who seek mercy voluntarily confessing to their crime of committing corruption, by depositing their ill-gotten wealth with the state exchequer.

Graft suspects may apply to the commission by September 1 of this year for making voluntary disclosures about their corruption.

The self-confessed corrupt will be considered ineligible for contesting any national or local elections, for holding any public office or executive position in any collective bargaining agency, association, bank, or financial institution for five years.

Persons willing to voluntarily disclose their ill-gotten wealth will be exempted from prosecution and imprisonment, subject to surrendering their illegal property or the corresponding amount of money to the exchequer.

Govt rescinds order to privatise 4 SOEs

Staff Reporter

The Government yesterday retreated from its decision to privatise five state-owned enterprises (SOEs) and asked the Privatisation Commission to return those to their operating ministries.

The SOEs are Chittaranjan Cotton Mills in Narayanganj, Daulatpur Jute Mills in Khulna, Services & Facilities Centre in Brahmanbaria, Textile Facilities Centre in Noakhali and Khulna Newsprint Mills.

The Advisers Committee (Cabinet Committee) on Economic Affairs took the decision in a meeting yesterday with Finance Adviser Dr AB Mirza Azizul Islam in the chair.

The meeting also asked the Privatisation Commission to re-examine a proposal for privatisation of the state-owned Karnaphuli Rayon and Chemical Mills and the Particle Board & Veneer Plant. Through this move, the government

ultimately backed out from its plan to privatise these particular SOEs.

The caretaker government, since its inception, has shown its seriousness in divesting the SOEs and in April last year, the government decided to sell out 18 SOEs.

Meanwhile, the ministries earlier took back as many as 31 industrial units from the Privatisation Commission as the successive governments several times changed their decisions to divest those.

Maudud sued for lifting money in fake names

UNB, Dhaka

The Taskforce on Wednesday night filed a case against former minister Barrister Maudud Ahmed accusing him of withdrawing Tk 1.9 crore from IFIC Bank in fake names.

Luthfar Rahman of Taskforce filed the case with Motijheel thana saying that Maudud withdrew the money from the from February 24 to March 4 last year in the names of Abdul Haque, Nurul Islam, K Alam, S Alam and S Anwar. He was also shown arrest in the case.

Arrested last year on various charges Maudud was about to be released from jail as the court granted him bail.

Evacuation at downstream as river changes course in India

AFP, Saharsa

Tens of thousands of people have fled to safer areas but more than a million were still trapped in floods after a river changed its course due to heavy rains, an official said Thursday.

At least two million people were marooned when the Kosi river breached its banks and flooded huge swathes of the eastern state of Bihar.

"About 90,000 victims have been evacuated from villages in the flood affected area by government rescue agencies," disaster management official Prataya Amrit told AFP.

More than 400 boats had been pressed into service and hundreds more would be used to shift people to relief shelters and higher land, he said. At least 46 people are reported to have died in the floods.

Army troops and air force helicopters were helping police in the rescue operation.

Thousands of residents abandoned their homes after the river started shifting course on August 18 and have taken shelter in crowded relief camps or in high-rise buildings.

On Wednesday, the government said one million tonnes of rice and wheat would be distributed to stranded people.

Prime Minister Manmohan Singh, Home Minister Shivraj Patil and the chief of ruling Congress party Sonia Gandhi arrived in Bihar on Thursday to survey the region and review the aid effort.

Monsoon downpours caused the Kosi to swell, burst through its flood levees on the Nepal border and flow through a channel it had previously abandoned.

Nepalese disaster management officials told AFP the river had washed away a series of dams and spurs, which control the water, sending huge torrents downstream that washed way further flood defences.

Authorities on both sides of the border have been in dispute over maintenance of flood control structures and uncleared silt, officials said.

More than 800 people have been killed in monsoon-related accidents following the heavy June-to-September rains across India.

Bihar officials said the death toll could climb further as many areas were inaccessible.