Cop failure behind indictment of dead
Fugitive war crimes accused Wazuddin of Mymensingh's Phulbaria died of “old age complications” on May 7 last year and the district police boss was informed about it in August to dispatch the news to the International Crimes Tribunal.
The officer-in-charge of Phulbaria police sent another letter to his district chief on December 24 last year to remind him of the matter, but the SP did not inform the tribunal until January 12 when a media report brought the matter to the fore.
“Failure” of the superintendent of police to inform the tribunal about Wazuddin's death led it to frame charges against the accused in absentia on December 11 since the prosecution, on the basis of an earlier police report, pressed formal charges identifying him as a fugitive.
On Wednesday, Private channel Somoy TV ran a report that more than six months after his death, the tribunal indicted Wazuddin on December 11 last year, appointed a state defence counsel and fixed January 31 to record testimony of the prosecution witnesses.
News of Wazuddin's death did not come to the notice of the prosecution or the investigation agency although his family had informed local police about it, the report said.
The tribunal on Thursday came down heavily on the prosecution, the investigation agency and the police for giving wrong information that led to charge-framing against a dead person.
Around 11:30am on Thursday, the Mymensingh SP sent a report to the tribunal's registrar's office on the death of Wazuddin.
Asked about the delay, SP Nurul Islam told this correspondent yesterday, “We actually could not learn about it [Wazuddin's death].”
However, a document the SP sent to the tribunal along with his letter shows that the OC informed him about the death on August 22 last year.
In his letter to the SP, OC Rifat Khan Rajib wrote that Wazuddin died of “old age complications” on May 7 last year at his son's rented house in Joina Bazar area under Sreepur Police Station in Gazipur.
“A report over his death was submitted to the superintendent of police on August 24, 2016. It is urgently needed to inform the International Crimes Tribunal about the death of the warranted accused,” reads the letter.
One of the OC's letters, death certificate of Wazuddin and the order of arrest warrant issued by the tribunal were sent to the tribunal with the SP's letter.
Contacted, OC Rifat said when he came to know that the SP office did not inform the tribunal about Wazuddin's death, he sent another letter to the SP office on December 24.
Following the SP's order, the OC sent a third letter to the SP on January 11 and that letter was finally sent to the tribunal along with the SP's letter. The third letter sent by the OC also informed the SP about the death on August 24.
When Nurul Islam's attention was drawn to the OC's letter, he said, “I have to comment after going through the documents.”
Hrishikesh Saha, conducting prosecutor of the case, told The Daily Star yesterday that Wazuddin would not be indicted had the SP sent the letter in time.
“And we would not have to be embarrassed … It is the sole responsibility of the SP,” the prosecutor added.
Sanaul Huq, co-coordinator of the tribunal's investigation agency, said the OC and the SP showed a “gross lapse” in performing their duty.
Wazuddin was buried at his house and also received a death certificate, but the OC did not inform either the tribunal or the investigation officer of the case about it.
On the allegation, the OC said the accused's body was buried secretly and his family members did not inform the police. “It took time to confirm his death.”
Sanaul said even after getting the report in August, the SP did not forward it, meaning he “did not perform his duty properly.”
The police department should take action against the officials responsible for it to stop recurrence of such incidents, he added.
Tribunal Registrar Shahidul Alam Jhinuk said it was the duty of the police to inform the tribunal in time about the death of the accused, but they did not do that.
“It is the tribunal which will make a decision if any action would be taken against the police officials,” he added.
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