The erroneous grenade assault that unfolded on 21 August needs to be investigated smartly and would possibly be referred to the dwelling ministry, the Excessive Court docket mentioned in its observation in the beefy verdict revealed this day (19 December).
On 1 December, the HC had scrapped the lower court docket verdict in the 2 circumstances filed over the grenade assault on an Awami League rally in Dhaka on 21 August 2004, acquitting all convicts, including BNP acting chairperson Tarique Rahman and extinct speak minister for dwelling affairs Lutfozzaman Babar.
In the beefy text of the observation, it acknowledged that shining justice for the of us that had lost their lives in the assault, including then AL chief Ivy Rahman, had been entirely lacking.
Inquiring for an just investigation, the court docket mentioned the dwelling ministry should always initiating investigations afresh to receive obvious justice.
On the root of acquitting all convicts, it mentioned, “In note of the above factual ingredient of this case it may possibly perchance safely be mentioned the impugned conviction used to be basically based basically on a mere presumption with out having any honest or corroborative evidence.”
The court docket mentioned after deliberations, it had chanced on “the prosecution entirely failed to raise whom the worth of committing any offence by the presence and participation of any of the accused in the instantaneous case, either for convicted them under allotment 302/34 of the Penal Code or under allotment 3, 4 and 6 of the Explosive Substance Act.”
It opined that the “trial used to be held illegally with out having a jurisdiction for the explanation that 2nd investigation used to be now not done smartly to boot to the trial used to be held with out having an correct cognizance of the case.”
“In all views of the subject we’re constraint to take care of the note that the impugned conviction and sentence is per se unlawful and now not sustainable in law, which is inclined to be quandary apart.
“We are of the note that in the absence of any honest and tangible evidence to boot to honest foundation, the impugned conviction can now not stand, accordingly the Dying Reference under allotment 374 of the Code of Prison Direction of is hereby rejected and the enchantment filed by the appellants are hereby allowed and the Principles are made absolute.”
It mentioned the conviction and sentence awarded to the accused appellants used to be hereby quandary apart and the full appeals and penal advanced appeals were allowed.
“This judgment will also note to non-interesting convicts, for the explanation that impugned conviction is chanced on to be unlawful and now not sustainable in law. The impugned judgment and conviction is hereby quandary apart and the appellants, who are in custody are hereby directed to quandary at liberty as we voice.”
The court docket also mentioned, “To this point the honest argument is concerned there are lot of selections are there as been settled by our apex court docket that after accepting the worth sheet, case can now not be reopen but another time or ship for further investigation, however on the opposite hand if the informant or investigating officer is chanced on a brand unusual and subsequent materials on the alleged prevalence he can proceed with a investigation of the case and may possibly post a supplementary worth sheet however court docket is now not authorise to enable the prosecution on their application to evaluate the case afresh by sending the case on further investigation or re investigation, which is entirely unlawful and thereby it may possibly perchance seemingly furthermore be held that the continuation to boot to subsequent proceeding of the instantaneous criminal case in accordance to that unlawful worth sheet held on further investigation would possibly be now not sustainable in law.”
