IO faces music

War crimes convicts Mahidur Rahman and Afsar Hossain Chutu had served lifetime imprisonment under the Collaborators Act-1972 for killing four people in Chapainawabganj during the Liberation War.

But Investigation Officer ZM Altafur Rahman brought the same charge against Mahidur and Afsar in a case filed under the International Crimes (Tribunals) Act-1973, concealing the information of the earlier punishment. This was revealed during the trial, irking the International Crimes Tribunal-2.

While delivering judgment yesterday, the tribunal rebuked the investigator heavily for his "grave carelessness" and his failure to identify this crucial matter in his investigation.

Dropping the charge against the duo, the tribunal also opined not to assign the investigator to probe any other war crimes case. In the face of huge criticism from the tribunal, the investigation agency's chief said it would launch an internal enquiry against the investigation officer.

The three-member tribunal led by Justice Obaidul Hassan with members Justice Md Mozibur Rahman Miah and Justice Md Shahinur Islam handed down imprisonment until death for one charge and five year imprisonment, by majority, for another charge.

Terming the IO "incompetent", Justice Hassan said, "This is absolutely a failure of the investigation officer."

On the basis of the IO's investigation, the prosecution pressed three charges against Mahidur and Afsar in November last year. The third charge was related to the killing of four people in Shibganj during the war.

However, during the trial, defence counsels of Mahidur and Afsar said one Layesuddin had filed a case in connection with the killings, and Special Tribunal-11, Rajshahi, formed under the Collaborators Act-1972, handed down life sentence to Mahidur, Afsar and another person in 1973.

The High Court had upheld the sentence, and they served the lifetime, said the defence counsels. They also submitted the certified copy of the HC judgment.

Altafur even took statement of Layesuddin, son of one of the four victims, but he was not produced before the tribunal as a witness in the current case. During cross examination, Altafur, however, said Layesuddin had told him about the previous case he filed.

"In view of above, we must stamp our views with gross disappointment that the above facts barring subsequent prosecution of the accused persons for the criminal acts narrated in charge no 3 could have been unearthed during investigation," reads the judgment.

"Failure on part of the IO to discover this crucial issue appears to be a hefty kick to the task of investigation... Additionally we deprecate the grave carelessness of the investigation officer who failed to identify this crucial matter in his investigation."

Being a long-experienced police officer, the IO was supposed to know that no person can be prosecuted twice for the same offence based on same criminal acts, it said.

"Absence of any satisfactory clarification as to non recording of such vital information renders IO's gross slackness and inefficiency."

"The investigation done by the IO does not reflect his due care and competence," the judgement states.

"We seriously deprecate the manner the IO has done the task of investigation as he has submitted a gravely misleading investigation report so far as it relates to the event narrated in charge no 3," it added.

The judgement further states that the investigation agency is responsible for making diligent scrutiny on the investigation done by the investigation officer.

Justice Mozibur Rahman, in his part of judgment, said it would be "wise and justifiable" if the investigator was relieved from further investigation of any case to be placed before the tribunal.

The investigation agency too cannot be absolved of its responsibility for endorsing   such an incompetent and irresponsible police officer to investigate a highly important case like this for which the nation had to wait four decades.

The tribunal also rebuked the defence for not mentioning the matter when the court framed charges against the duo.

Talking to The Daily Star, Abdul Hannan Khan, coordinator of the investigation agency, said, "Definitely there were mistakes in the investigation."

"After receiving a copy of the verdict, a thorough internal inquiry will be launched on the IO and further steps will be taken on the basis of the report," he added.