Questions raised over filing 34 murder cases by police

Questions have been raised over cases filed by the police over deaths in violence during the student movement against discrimination before the fall of the Sheikh Hasina government.

The police have filed a total of 34 cases over the deaths of 64 people at different police stations in the capital Dhaka before 5 August.

Anonymous BNP, Jamaat leaders and activists and quota protestors have been made accused in these cases.

Three more murder cases were filed making the relatives plaintiffs during this period, similar persons were made accused in these cases.

Now Awami League leaders, former ministers and officials are arrested and taken on remand in those cases filed against anonymous BNP, Jamaat leaders and activists and quota protests.

Lawyers said such inconsistencies will weaken these cases.

Relatives also raised questions about the statements of these cases.

They expressed wonder after hearing that anonymous BNP, Jamaat leaders and activists and quota protestors have been accused over deaths caused by police firing.

They claimed that they didn't make such statements. The police gave concocted statements.

Now some of the plaintiffs are going to the police stations and giving new statements and former ministers and Awami League leaders and activists are being accused.

However, the police said there is no legal scope to file two cases in the same incident. So fresh allegations are being added to the cases filed earlier.

Speaking to Prothom Alo, former inspector general of police, Nur Muhammad said if it is mentioned in the statements that BNP, Jamaat leaders and activists and quota protestors are involved in the murders, then showing arrest of Awami League leaders in those cases is not only ridiculous, but also legally wrong.

If anyone would do this during a normal period, he would lose his job, he said adding someone cannot be shown arrested in a case all of a sudden. There must be specific allegations for arresting someone, the former IGP noted.

Analysing 34 cases filed between 17 July and 1 August in which police are the plaintiffs, it was found that the deliberations at the end of depositions of the cases are similar.

It said at the instruction of top leaders of BNP, Jamaat and its associate bodies, criminals and miscreants with arms and explosives attacked the police. Under the cover of the anti-quota protest, criminals and miscreants carried out the killing.

People were killed first on 16 July during the student movement against discrimination. On that day, two people were killed in the New Market area. One of them is hawker Shahjahan Ali. On 17 July, a murder case was filed making his mother a plaintiff. On 14 August, former law minister Anisul Huq and former prime minister's adviser Salman F Rahman were arrested in that case. Major general (Retd) Ziaul Hasan was arrested in the same case on 17 August. The police interrogated those three in remand in this case.

In the statement of Shahjahan Ali murder case, it was said that during anonymous protests, BNP and Jamaat-Shibir leaders and activists unexpectedly carried out an attack on hawker Shahjahan Ali.

When critically injured Shahjahan Ali was brought to Dhaka Medical College Hospital, physicians declared him dead.

Police of the New Market police station submitted a revised statement in this case to the court on 17 August after three days of taking Anisul Huq and Salman F Rahman in remand.

It says plaintiff Ayesha Begum was in shock because of her son's death. As a result, earlier she mistakenly mentioned names of BNP, Jamaat and Shibir in the case. Later, she gave corrected depositions in which she mentioned anonymous miscreants as the accused in the case. She said her son Shahjahan Ali was attacked by the miscreants. The left side of his nose was damaged by the bullets of the miscreants.

When asked about the matter, Ayesha Begum on 19 August, speaking to Prothom Alo, said the government shot her son dead. She never said BNP, Jamaat and quota protestors are involved in her son's murder. She has not given any deposition on such allegations.

Ayesha's husband Imam Hossain said collecting the copy of deposition after the arrest of former law minister Anisul Huq, they came to know that names of BNP-Jamaat have been mentioned in the list of accused. Then he asked the police how the names of BNP-Jamaat came.

Imam Hossain said later Ayesha gave a corrected deposition mentioning anonymous miscreants.

Replying to a query on why leaders of Awami League were arrested despite making leaders and activists of BNP and Jammat accused in the case, investigating officer and assistant sub-inspector of New Market police station Sozib Mia said, “Three people including the former law minister has been arrested as investigation find their involvement regardless of whatever the case statement mentions.”

The three were placed on remand on Saturday after police showed them arrested in the Sobuz Ali murder case filed with the New Market police station. The first namaz-e-janaza of Sobuz Ali, an activist of Chhatra League’s Dhaka College unit, was held in front of the Awami League’s central office where party leaders and activists attended.

While seeking remand in the case, police told the court that Anisul Huq, Salman F Rahman and Ziaul Ahsan instigated and ordered the killing of Sobuz Ali.

Criminal offence expert Ehsanul Haque Shomaji told Prothom Alo if the case statement mentions the involvement of BNP-Jamaat and quota protesters in the incident whereas top brasses of the Awami League government are arrested, questions will arise on the credibility of the case, thus, the arrestees will enjoy legal benefits.

Rickshaw puller Kamal Mia was shot dead in the capital’s Paltan area on 19 July. The next day, a case was filed with the Paltan police station. Former deputy speaker Shamsul Hoque Tuku, former posts, telecommunication and information technology minister Zunaid Ahmed Palak and Chhatra League’s Dhaka University unit Tanvir Hasan Saikat were arrested in this case on 15 August though unidentified miscreants were accused in this lawsuit.

The plaintiff of the case and wife of slain Kamal Hossain Fatema Khatun told Prothom Alo she knows nothing about it. Police took her signature on various papers, and she later learned her husband was killed in police firings.

Awami League organising secretary Ahmed Hossain and recently retired Rear Admiral Md Sohail were arrested in another case filed with the Paltan police station on 20 August. The case was filed over the killing of grocer Nabin Talukder on 20 July. The first case statement said Nabin Talukder died after being hit by bullets during the firing between police and protesters.

Nabin’s wife Ruma Akter is the plaintiff in the case. A month later, another case statement with the signature of Ruman Akter was filed on 20 August, in which 13 people including Sheikh Hasina, Obaidul Quader, former home minister, former inspector general of police and several police officials were accused.

Asked about two separate case statements, Ruma Akter told Prothom Alo she knew nothing about the first case statement, but police took her signature on various papers while receiving her husband’s body. Later, she filed the second case statement consciously.

Relying to a query on whether two cases were filed in a single incident, Paltan police station officer-in-charge (OC) Md Khalid Hossain said he knows nothing about the doings of the previous OCs. There is no scope to file two cases over a single incident, which is why the second statement was attached to the case.

Supreme Court lawyer Shahdeen Malik opined such issues are arising because of the police’s incompetency. He told Prothom Alo how the people had been accused in various cases with harassment motives in the past, and the same thing is happening now. As a result, cases might become weak.

In the meantime, no one has been arrested yet in the 34 cases filed by police against unidentified persons of ‘BNP and Jamaat and quota reform protest.’ No evidence is being collected either.

According to Penal Code experts, the proving of a murder requires producing of adequate evidence before the court. All types of elements including witnesses’ statements, and circumstantial evidence are required to prove a murder. It is also essential to visit the crime scene immediately after the killing, collect necessary evidence and preserve images and footage, followed by forensic tests later.

Relatives of five people who were killed in police firings told Prothom Alo their family members died in police firing whereas police themselves filed cases against other people.

At least 25 murder cases were filed at Dhaka’s chief metropolitan police court as of 25 August since the fall of the Sheikh Hasina government. More lawsuits were also filed at various police stations. Awami League leaders, former ministers, and senior police officials were made accused in these cases.

Retired senior district judge Saifuzzaman told Prothom Alo said witnesses and documentary evidence are required to prove allegations in the lawsuits over criminal offences including murder. Such many people died centering the quota reform movement, and these incidents should be investigated in detail or else resentment will grow among families of the killed, he added.

This report appeared in the print and online editions of Prothom Alo and has been rewritten in English by Rabiul Islam and Hasanul Banna