21 Aug grenade attack case verdict terms trial in lower court illegal: Shishir Monir

21st August grenade attack case verdict terms trial in lower court illegal: Shishir Monir
Cap: Lawyers talk to newsmen after the verdict at the High Court on 1 December. Sazid Hossain
Following the High Court verdict on the 21st August grenade attack case, lawyer of three accused, Mohammad Shishir Monir, said that the trial in the lower court has been declared illegal.
The judgment noted that the trial in the lower court was not based on the law.
The High Court delivered this verdict on Sunday, declaring the trial in the lower court based on the supplementary charge sheet to be illegal and invalid.
The court dismissed the death reference and granted the appeals of the accused.
As a result, all convicts including BNP's acting chairman Tarique Rahman and former state minister Lutfozzaman Babar, were acquitted in this case.
The High Court bench comprising justices AKM Asaduzzaman and Syed Enayet Hossain delivered the verdict.
After the verdict, speaking to newsmen, lawyer Shishir Monir said the lower court had sentenced 49 individuals, including 19 to death, 19 to life imprisonment, and others to various terms of imprisonment.
The High Court has granted appeals for all of them. As a result, all defendants have been acquitted from the case.
Shishir Monir said the lower court's trial was deemed illegal because it was not based on legal grounds. There were discrepancies in witness testimonies, and the verdict was based on hearsay evidence. The High Court granted the appeals, dismissed the death reference, and acquitted everyone involved.
He also said all including Tarique Rahman and Babar have been acquitted in these cases.
Shishir Monir pointed out that there was no direct evidence in the case, and the confessional statements made by the accused were extracted under duress.
One of the accused, Mufti Hannan, retracted his confession, and the High Court ruled that such a statement could not be used as evidence.
Moreover, the second charge sheet was submitted to the Magistrate's Court, which had no authority to accept it. Therefore, the sentences based on this charge sheet were declared illegal by the High Court.
On 21 November, the High Court concluded the hearing of the death reference and appeals of the accused, and the verdict was delivered today.
The grenade attack took place on Bangabandhu Avenue in Dhaka on 21 August 2004. In the cases (murder and explosives), the Dhaka Speedy Trial Tribunal-1 delivered its verdict on 10 October 2018.
The court sentenced 19 individuals, including former state minister Lutfouzzaman Babar and former deputy education minister Abdus Salam Pintu, to death.
Lawyer Mohammad Shishir MonirPhoto: Taken from Facebook video
Moreover, 19 others, including Tarique Rahman, were sentenced to life imprisonment, while 11 others received various prison terms and fines.
After the verdict, the case files, including the judgment from the lower court, were sent to the High Court in 2018. This was registered as a death reference case. In criminal cases, if the lower court imposes a death sentence, it must be approved by the High Court for execution, which is known as the death reference case. The accused also have the right to file jail appeals, regular appeals, and various petitions, and these cases are generally heard together.
The High Court started hearing the death reference, appeals, and jail appeals for the 21st August grenade attack case on 31 October.
Two cases were filed in Motijheel police station under murder and explosives acts.
It was alleged that the BNP-Jamaat coalition government of that time tried to divert the investigation of the grenade attack and killings.
In 2007, the then caretaker government began a fresh investigation into the two cases. In 2008, the CID filed charges against 22 individuals. The investigation suggested that the attackers, linked to extremists, aimed to kill Sheikh Hasina to eliminate the leadership of the Awami League.
Further investigations were carried out during the Awami League government. Later, a supplementary charge sheet was filed accusing 30 people including Tarique Rahman.

The High Court bench comprising justices AKM Asaduzzaman and Syed Enayet Hossain delivered the verdict.

After the verdict, speaking to newsmen, lawyer Shishir Monir said the lower court had sentenced 49 individuals, including 19 to death, 19 to life imprisonment, and others to various terms of imprisonment.

The High Court has granted appeals for all of them. As a result, all defendants have been acquitted from the case.

Shishir Monir said the lower court's trial was deemed illegal because it was not based on legal grounds. There were discrepancies in witness testimonies, and the verdict was based on hearsay evidence. The High Court granted the appeals, dismissed the death reference, and acquitted everyone involved.

He also said all including Tarique Rahman and Babar have been acquitted in these cases.

Shishir Monir pointed out that there was no direct evidence in the case, and the confessional statements made by the accused were extracted under duress.

One of the accused, Mufti Hannan, retracted his confession, and the High Court ruled that such a statement could not be used as evidence.

Moreover, the second charge sheet was submitted to the Magistrate's Court, which had no authority to accept it. Therefore, the sentences based on this charge sheet were declared illegal by the High Court.

On 21 November, the High Court concluded the hearing of the death reference and appeals of the accused, and the verdict was delivered today.

The grenade attack took place on Bangabandhu Avenue in Dhaka on 21 August 2004. In the cases (murder and explosives), the Dhaka Speedy Trial Tribunal-1 delivered its verdict on 10 October 2018.

The court sentenced 19 individuals, including former state minister Lutfouzzaman Babar and former deputy education minister Abdus Salam Pintu, to death.

Moreover, 19 others, including Tarique Rahman, were sentenced to life imprisonment, while 11 others received various prison terms and fines.

After the verdict, the case files, including the judgment from the lower court, were sent to the High Court in 2018. This was registered as a death reference case. In criminal cases, if the lower court imposes a death sentence, it must be approved by the High Court for execution, which is known as the death reference case. The accused also have the right to file jail appeals, regular appeals, and various petitions, and these cases are generally heard together.

The High Court started hearing the death reference, appeals, and jail appeals for the 21st August grenade attack case on 31 October.

Two cases were filed in Motijheel police station under murder and explosives acts.

It was alleged that the BNP-Jamaat coalition government of that time tried to divert the investigation of the grenade attack and killings.

In 2007, the then caretaker government began a fresh investigation into the two cases. In 2008, the CID filed charges against 22 individuals. The investigation suggested that the attackers, linked to extremists, aimed to kill Sheikh Hasina to eliminate the leadership of the Awami League.

Further investigations were carried out during the Awami League government. Later, a supplementary charge sheet was filed accusing 30 people including Tarique Rahman.