BNP rejoinder, our reply
BNP in a rejoinder to The Daily Star report headlined “Mufti Hannan revealed Hawa Bhaban plot†published February 4 denied the content of the story.
The rejoinder signed by party Vice Chairperson Shamsher Mobin Chowdhury, BB, said: In April 2011, Mufti Abdul Hannan filed a petition to the court for withdrawal of the so-called confessional statement on the grounds that it was extracted under extreme physical and mental torture while in custody. Then the rejoinder quoted the whole withdrawal petition in the following paragraphs:
“To
Speedy Trial Tribunal no 1
Dhaka
Reference: Speedy Trial Case no 29/11
Mothijheel PS Case no 97(8) 04
Subject: Withdrawal petition of Recorded Confessional statement under rule 164 dated 07/04/2011
Sir,
I, the undersigned, Mufti Abdul Hannan Munshi, son of Late Munshi Nur Mohammad, Village Kotalipara, District Gopalganj, humbly submit that I do not know anything about the above mentioned case. I was not accused in this case neither was I arrested on this case.
I was first arrested on 01/10/2005 on suspicion of being involved with the simultaneous bomb explosions all over the country that occurred on 17th August, 2005. Based on this allegation, I was taken on remand by RAB and kept in the Joint Interrogation Cell (JIC). I was shown arrested on 10 cases. During the period of remand, I was subjected to physical torture. At the end of the remand period, no evidence could be found on the ten cases and I was given relief from this cases. Subsequently, I was transferred to Dhaka Central Jail.
On 11/10/2006 I was again taken on remand to the JIC for further 77 days.
After about eleven months, towards the end of 2007, I was taken back to the JIC cell from Sylhet jail. There I was taken straight to the torture cell on the second floor. The RAB officers present there received me with flower garland. They asked me if I had any idea why I have been brought there. When I replied in the negative, they mocked me and said I have brought here for giving a confessional statement on my involvement in the grenade attack in the Awami League meeting on 21st August 2004. I was told by one officer that I must sign on a prepared statement. If I refused to comply, I will be ruthlessly tortured and may even be killed. They said I would not have to say anything but only sign a prepared statement.
Next day, I was brought to the torture cell from the court and I was told that I may have to sign the statement that night or the following morning.
When I told them that I know nothing about the grenade attack incident, the officers present began to beat me up mercilessly.
I was stripped naked and electric shock was given on my genital, ears, nose and tongue. The officers also continued to beat me endlessly with sticks and rods. They forcibly pulled out nine of my toe nails. Pins were nailed and cigarette lighter was used on the exposed and wounded toes. Further pain was inflicted when they used stones to crush my severely damaged feet. My face and other parts of my body were exposed to 1000 watts electric bulb. The scars of that are still visible. In addition, during questioning, I would be blindfolded and hung upside down. On many occasions I fainted. Torture would be resumed as soon as I regained my sense. They would often place a towel on my face and nose and throw chili powder mixed hot and cold water. On many occasions, like ancient days, they would tie a brick to my private part. Torture would reach extreme levels when they would cut my skin using broken glass and crude force would be used to tear my beard. I would be put on a very velocity rotating electric chair.
This type of physical and mental torture would put to shame even the barbaric age. When I had become totally delirious and disoriented, I was told that I would be made a “State approverâ€.
On 1/11/2007, I was produced in the court before a magistrate in a half conscious state under Police and RAB guard. The Investigation Officer of the case was also present.
When the magistrate asked me about the August 21st grenade attack, I barely managed to inform the magistrate that I know nothing about it and hence I am not in a position to say anything about it. At this stage the Investigation Officer informed the magistrate that as I was unwell and not in a position to talk, the magistrate should read from the prepared statement and record it as the statement of the accused. The magistrate did as advised by the Investigation Officer. When I was produced before the magistrate the time was midnight or just after that.
When I expressed my unwillingness to sign the prepared statement, the Investigation Officer cited my broken finger as the cause for me not being able to sign the statement. At this stage, a gentleman sitting next to the Magistrate took my injured hand and forced me to sign the statement. All this while, I was lying on the floor.
Records will show that at the time of the proceedings of the trial, I had prayed to the court for withdrawal of that so called confessional statement.
On 03/08/ 2009, after submission of a fresh investigation report till submission of fresh charge sheet, I was taken on remand for long period of time, for a total of about two hundred days. During this period I was not only tortured but also offered lucrative incentives in return for cooperation. Before recording the second “confessional statement†on 04/04/2011, I was brought to Dhaka Central Jail from Kashimpur jail around 11 o' clock at night. At the Jail gate, when I refused to sign a piece of paper given to me by jail super Touhidur Rahman, he hurled verbal abuse at me and even threatened me with death.
Next day that is on 05/04/2011 jail super, accompanied by deputy jailor came to me in cell no 6, room 6 around 7.30 AM. The jail super once again asked me to sign the same piece of paper. When I once again refused to do so, the jail super again threatened me with death.
The same evening, I was transferred to Sylhet jail, where I arrived on the morning of 6th April. But on 7th April 2011, I was returned to Dhaka jail. On reaching the jail gate around evening, CID official Fazlul Karim (Kabir), along with some other CID personnel took me in their vehicle and produced me before the Dhaka court. No jail official accompanied us at this time. In the court premises, I was kept waiting in a room meant for lawyers for some time. From there, Fazlul Kabir took me to the Magistrate's office.
When I asked the Magistrate the reason for my presence in his office, he told me that I have brought here to record my evidence on the 21st August grenade attack. I was totally surprised by this.
At this time, Fazlul Kabir and Mr. Abdul Kahar Akhand of CID, who was already present in the room, handed over a piece of paper to the Magistrate, which they claimed to be my confessional statement.
The names of Tarique Zia (Rahman), Harris Chowdhury, Pintu and Babar, among others were mentioned in that so called confessional statement. When I refused to sign the so called statement, I was told that I will be put to death in the prison.
Around 11PM, the magistrate, I the presence of Kahar Akhand asked me to sign some blank pieces of paper, which I refused. I was then returned to Dhaka jail.
I would be taken on remand on different charges, where Kahar Akhand and others would often blind fold and torture me. They would take me to different places and at times hand me over to RAB. These RAB officials would ask me to say that prior to the August 21st grenade attack, I had met Tarique Rahman, Harris Chowdhury, Abdus Salam Pintu in Hawa Bhaban and that Salam Pintu had provided the grenades and money for the attack. If I refused to do that, I would be killed.
Since my arrest, I had to suffer more than four hundred days of remand during which I was subjected to inhuman physical and mental torture. As a result of this, my vision has been badly affected and I also suffer from memory loss.
I was not involved with the 21st August grenade attack in any way. I have never been to Hawa Bhaban nor have I ever met Tarique Rahman, Harris Chowdhury or Mr. Babar. I do not know Mr. Pintu nor have I ever visited his house. I have never met any of the other accused.
On 27th September, 2011, I, voluntarily and in full knowledge, hereby sign this withdrawal petition in the court, as prepared by my appointed lawyer, having found it to be correct.â€
OUR REPLY
A retraction petition on behalf of Mufti Hannan was filed before judge Shahed Nuruddin of the Speedy Trial Tribunal-1 of Dhaka on September 27, 2011. But the judge did not take it into cognisance because of two major anomalies.
In his order the judge observed that the petition filed by Mufti Hannan's lawyer did not have Hannan's signature.
Secondly, a 10-page attachment with the withdrawal petition also was not signed by Hannan's lawyer Advocate Lutfor Rahman Sheikh. Instead, his name was written at the bottom of the paper along with a one-line note that Hannan wanted to withdraw his additional confessional statement.
The judge had asked the bench assistant of the court to keep the papers in the case file.
The Daily Star on September 28, 2011 published a report on this so-called petition.
In addition to the fact that it was not authentic, as per the law, nobody -- including Hannan who has once given a confessional statement before a magistrate -- can later withdraw that statement.
Besides, Hannan who remains detained by the law enforcers since October 1, 2005, legally required to file his withdrawal petition through the jail authorities. But he did not do so.
Earlier on April 7, 2011, Mufti Hannan had given his confessional statement before the then Additional Chief Metropolitan Magistrate (ACMM) AHM Habibur Rahman Bhuiyan.
This very statement was taken into cognisance on February 3 last after the former ACMM Habibur Rahman Bhuiyan gave his deposition at the Speedy Trial Tribunal Court of judge Shahed Nuruddin.
The confessional statement of Mufti Hannan was exhibited as evidence.
Our report was based on his confessional statement and court proceedings.
We stand by our report.
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