Holey artisan case: Damage to nation’s image, brutality considered

The High Court, in the full text of its verdict on the Holey Artisan Bakery attack case, said it sentenced seven convicts to imprisonment until death considering the brutality of the 2016 terrorist act and the damage it caused to the country's global image.

"Considering the brutality of the murders, the terrorists' overall cruel behaviour, and the tarnishing of Bangladesh's image abroad, we believe justice will be served by sentencing each of the seven convicts to life imprisonment [till natural death]," said the HC bench of Justice Shahidul Karim and Justice Md Mostafizur Rahman in the 229-page judgment.

The full verdict, uploaded to the Supreme Court website yesterday, opens the door for the state and the convicts to file appeals before the Appellate Division, a HC source said.

The bench delivered its verdict on October 30, 2023, rejecting appeals against the lower court's ruling.

On July 1, 2016, five militants armed with firearms, machetes, and grenades stormed the Holey Artisan Bakery in Gulshan, killing 20 hostages -- three Bangladeshis, seven Japanese, nine Italians, and one Indian -- during a 12-hour siege. Two police officers were also killed. The militants died in a commando operation. A chef and another injured employee also later died.

The attack, which drew global condemnation, led to a nationwide crackdown on terror networks.

On November 27, 2019, the Anti-Terrorism Special Tribunal sentenced seven militants to death, calling the attack "disgraceful" and an attempt to undermine Bangladesh's non-communal character. One accused was acquitted.

The High Court commuted those death sentences to life imprisonment.

The convicts are Jahangir Hossain, Aslam Hossain Rash, Hadisur Rahman, Rakibul Hasan Regan, Md Abdus Sabur Khan, Shariful Islam Khaled, and Mamunur Rashid Ripon.

The HC observed they had direct roles in selecting and recruiting the five attackers, providing shelter, training, funds, and weapons, and inciting the killings. The court found the charges against them proven beyond doubt under Section 6(2)(aa) of the Anti-Terrorism Act, 2009.

Defence lawyer Md Amimul Ehsan Zubayer, representing Shariful, argued that his client was abroad during the attack and was not directly involved.

He said his client should have been acquitted as the judgment was given under a section of the Anti-Terrorism Act 2009, which is supposed to be applied against the offenders directly involved in the offence.

He said he has yet to receive any instructions from his client regarding filing an appeal against the HC judgement.

All seven convicts remain in jail. Attorney General Md Asaduzzaman could not be reached for comment.