Babar jailed for 17yrs over illegal arms
A Dhaka court yesterday sentenced detained former state minister for home Lutfozzaman Babar to 17 years' rigorous imprisonment (RI) for possessing illegal firearms and ammunition at his Gulshan residence in the capital.
Defence lawyers rejected the verdict terming the case false and fabricated, and said they would file an appeal with the higher court against the judgement after getting a copy of it.
Judge Sayed Jahed Mansur of the Metropolitan Special Tribunal-9 handed down the sentence in a packed courtroom at 12:45pm in presence of the four-party alliance government's influential minister.
Babar was convicted for keeping an unlicensed revolver and 25 bullets of .32 bore rifle in his possession. The court awarded 10 years' RI for possessing illegal firearms under Section 19(A) of the Arms Act, and seven years' RI for possessing ammunition under Section 19 (F) of the same Act.
The verdict was given in the first case out of two filed against the former state minister since he was arrested at his Gulshan residence on May 28.
Under tight security, Babar was produced before the court at 12:15pm from Bangabandhu Sheikh Mujib Medical University (BSMMU) Hospital where was under treatment. The judge took his seat at 12:45pm, went through the judgement and then read it out. Babar was standing during delivery of the verdict.
The judgement mentioned that Babar was awarded minimum punishment considering his ill health although the charges of possessing illegal firearms and ammunition at his residence that were proved justified maximum punishment.
Following the verdict, Babar looked gloomy and did not make any comment.
VERDICT
The judgement said recovery of unlicensed firearms and ammunition took place from the exclusive possession and control of the convict. The prosecution witnesses by their cogent evidence proved that an unlicensed revolver and 25 bullets were recovered from Babar's room, which were kept in a red-black coloured bag.
Moreover, the arms and ammunition were recovered in presence of Babar's wife and others. So, he had violated provisions of the Arms Act and committed offences, and he shall be punished, the judge said.
OBSERVATION
In his observation, the judge said the prosecution has been able to prove the charges under sections 19(A)/(F) of the Arms Act, 1878, against the accused beyond all reasonable doubt. The accused who had ornamented the portfolio of state minister for home and also a lawmaker violated the law for keeping unlicensed revolver and 25 bullets in his possession and control.
The offences justify maximum punishment but the state from the very beginning to the end of the trial produced the accused before the tribunal from the prison cell of the BSMMU Hospital, and the papers spoke that the accused is sick. So, considering his ill health, the accused shall be awarded minimum punishment for the ends of justice, the judge added.
Earlier, the prosecution and the defence had completed their arguments. The court recorded statements of 15 prosecution witnesses including the complainant and investigation officer of the case.
RAID AND ARREST
The joint forces conducted a raid on Babar's Gulshan residence at about 1:45pm on May 28 and recovered four firearms -- a shotgun, a .22 bore rifle, a pistol, and a Brazilian revolver, two magazines and 297 bullets in a red-black coloured bag.
Of those, Babar failed to show any valid documents for a revolver and 25 bullets.
The forces also arrested him from his residence the same day. Later, he was shown arrested under the Emergency Power Rules and placed on a four-day remand for interrogation.
In his forwarding report, the IO mentioned that when Babar was in charge of the home ministry, he acquired a huge amount of money and wealth by means of looting and corruption. Terming Babar corrupt and plunderer, the report said four firearms including an illegal one were recovered from his house during his arrest. He has caused serious damage to the country's economy and disrupted public safety, the report added.
Following the seizure, Sub-inspector (SI) Helaluddin filed an arms case with Gulshan Police Station against Babar on June 3.
SI Khabir Ahmed, also the IO of the case, pressed charges against Babar on June 23 showing 16 people as prosecution witnesses.
The court framed charges against the accused on July 25.
Special Public Prosecutor Kabir Hossain appeared for the state while advocates Abdullah Mahmud Hassan and Sanaullah Miah defended the accused.
GRAFT CASE
The Anti-Corruption Commission filed a graft case against Babar with Ramna Police Station on October 4 for taking Tk 21 crore in bribe to save Bashundhara Group chairman's son from murder charges.
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