10-truck arms haul case: Final justice still in legal limbo
Final justice is still out of sight for the sensational 10-truck arms haul case, even though its death reference and appeals were registered with the High Court eight years back for hearing and disposal.
Even now, four separate benches of the court are dealing with matters of 2016.
The long delay took place as an HC bench refused to deal with the matters, and another assigned bench was reconstituted by the then chief justice, Supreme Court sources said.
However, Chief Justice Hasan Foez Siddique recently took an initiative to dispose of this case along with the death reference and appeals filed by 12 convicts with the HC bench of Justice Shahidul Karim and Justice Fatema Najib.
Yesterday, the bench fixed October 18 to start hearing of the death reference and appeals.
Deputy Attorney General Bashir Ahmed -- who presents state's arguments before the HC bench, led by Shahidul Karim -- told The Daily Star that a long period might be needed for final disposal, as many lawyers will place arguments before the court.
He could not say specifically how much time will be needed.
A huge quantity of arms and ammunition, reportedly meant for Indian separatist organisation Ulfa, was captured at the Chittagong Urea Fertiliser Ltd jetty in Chattogram on April 2, 2004, when it was being loaded onto 10 trucks.
A smuggling case and an arms case were filed with Karnaphuli Police Station the following day.
On January 30, 2014, Chittagong Metropolitan Special Tribunal-1 handed down death penalty to 14 people, including former minister and Jamaat-e-Islami Ameer Motiur Rahman Nizami and former state minister for home Lutfozzaman Babar of BNP, for smuggling 10 truckloads of firearms.
The 14 convicts also received life imprisonment in another case filed for possessing illegal firearms.
Twelve of the convicts filed separate appeals with the HC in 2014.
Nizami was executed on May 11, 2016, after the SC upheld his death penalty for committing crimes against humanity during the country's Liberation War.
Contacted, Attorney General AM Amin Uddin said he has requested the chief justice to send the death reference and appeals of the arms haul and August 21 grenade attack cases to the HC for hearing.
"I hope that the matters will be heard and disposed of now," he added.
On January 8, 2019, the HC bench of Justice Bhabani Prasad (now retired) and Justice Md Kamrul Hossain Mollah dropped the death reference and appeals of the arms haul case from its hearing list and sent them to then chief justice Syed Mahmud Hossain for a decision.
Mahmud on January 10, 2019 assigned the bench of Justice Md Ruhul Quddus and Justice ASM Abdul Mobin to deal with the matter. But the bench was reconstituted before it started hearing, according to sources.