Trial in arson case begins Aug 7
A Dhaka court on Tuesday charged 46 leaders of the Bangladesh Nationalist Party-led opposition alliance, including the acting BNP secretary general, Mirza Fakhrul Islam Alamgir, with setting a bus on fire near the Prime Minister’s Office on April 29.
The Dhaka Speedy Trial Tribunal of Harun-or-Rashid posted for August 7 commencement of the formal trial of the case with recording of the depositions of the prosecution witnesses.
The court also issued warrants for the arrest of BNP leaders Sadeque Hossain, Amanullah Aman and Nazimuddin Alam turning down their pleas for time as they were abroad.
Former Dhaka mayor Sadeque is currently undergoing treatment in Singapore, and Aman and Alam are now in Saudi Arabia on pilgrimage.
The tribunal passed the orders after the case was transferred to it by the Dhaka Chief Metropolitan Magistrate after the opposition leaders moved a petition expressing their no-confidence in another tribunal dealing with the case.
The pro-opposition lawyers brought out a procession in the court complex in protest against the framing of charges, as the opposition leaders’ petition against the proceedings in the case was pending with the High Court.
Fakhrul and 35 opposition leaders, now on bail in the case, appeared in the Speedy Trial Tribunal of Mohammad Erfan Ullah seeking time for hearing in the framing of charges.
Moving the petition, their defence counsel Khandker Mahbub Hossain argued that the tribunal should not hear the case as a writ petition was filed on Sunday with the High Court challenging the proceedings in the case.
According to the Law and Order Infringing Offences (Speedy Trial) Act 2002, the government has to issue a gazette notification for holding trial of any case in a tribunal.
The Chief Metropolitan Magistrate has sent the case to the tribunal for trial in violation of the act, as no such notification has been issued, the counsel contended.
The High Court is scheduled for Monday to hear the petition, he said arguing that the hearing in the framing of charges should be adjourned until the High Court pronounced its order in the writ petition.
Metropolitan public prosecutor Abdullah Abu opposed the petition, saying that there was no bar on the hearing since no order had yet been passed by the High Court staying the proceedings.
As the tribunal rejected the petition, the defence counsel moved another petition for allowing them time for the hearing saying that they would go to the higher court against the rejection.
The tribunal rejected the plea and intended to continue with the charge hearing.
The defence counsel then moved a petition expressing no-confidence in the judge that caused the judge to feel embarrassed to hear the case.
The case was then referred to the Chief Metropolitan Magistrate, who assigned the tribunal of Harun-or-Rashid for the charge hearing.
The tribunal of Harun-or-Rashid framed the charges.
Khandker Mahbub told reporters that the framing of charges was completely illegal and they would move the High Court against the order.
According to the 2002 act, the trial needs to complete in 30 working days.
If the charges are proved, the accused may be jailed for a term ranging between two and five years.
The arson case was filed with the Tejgaon police against 44 leaders and activists of the BNP-led alliance for setting a bus on fire near the Prime Minister’s Office during a general strike enforced by the opposition alliance demanding disclosure of the whereabouts of the disappeared BNP leader Ilias Ali.
The detective branch of police on May 10 submitted the charge sheet against the 46 opposition leaders and activists to the Dhaka Chief Metropolitan Magistrate’s Court.
The indicted 46 leaders also include BNP standing committee members MK Anwar, Mirza Abbas, Khandaker Mosharraf Hossain, Sadeque Hossain and Goyeshwar Chandra Roy, Liberal Democratic Party president Oli Ahmed, Bangladesh Jamaat-e-Islami acting amir Mokbul Hossain, Bangladesh Jatiya Party president Andaleeve Rahman Partha and BNP leaders Amanullah Aman, Ruhul Kabir Rizvi, Nazimuddin Alam and Habibunnabi Khan Sohel.
Courtesy of New Age
