Aug 21 Grenade Attack: 18 years on, the road to justice not over yet
Eighteen years have passed since the gruesome grenade attack was carried out on an Awami League rally at Bangabandhu Avenue in Dhaka, leaving at least 24 people killed and 300 injured.
Then opposition leader Sheikh Hasina narrowly escaped death in the incident on August 21, 2004.
Trial proceedings of the cases filed over the incident, considered to be one of the most sensational political crimes in the country's history, have been finished nearly four years back; and even, the High Court accepted the appeals of the convicts for hearing more than three years ago.
But it is still uncertain when the ultimate justice will be delivered to the victims of the ghastly attack, because the HC is yet to start hearing on the death references and the appeals filed by 19 death-row convicts.
The case documents and judgment reach the HC as death reference as per section 374 of the Code of Criminal Procedure (CrPC) from the lower court after the latter delivers the verdict for confirmation of death sentence in any case.
It is still uncertain when the ultimate justice will be delivered to the victims of the ghastly attack, because the HC is yet to start hearing on the death references and the appeals filed by 19 death-row convicts.
No initiative was taken from the state or defence on time for their quick hearing of death references and appeals in the August 21 attack cases due to the pandemic that forced the court to suspend much of the regular activities, court sources said.
A long period of time may be needed for final disposal of the cases, since there are legal options for moving appeals before the Appellate Division of the Supreme Court, challenging the HC verdict and review petitions before the same court against its judgement in connection with the cases.
Veteran criminal law expert Khandker Mahbub Hossain told The Daily Star that it cannot be said specifically how much time will be needed for final disposal of the grenade attack cases, as the HC is yet to start hearing on the death references and appeals.
"If the death references and appeals of August 21 grenade attack cases are heard maintaining the serials, those will not be settled within the tenure of the current government as a long period of time will be needed for this.
However, if the chief justice assigns special benches of the HC and Appellate Divisions for hearing and disposing of the matters within few months, long period of time will not be needed to this effect," he added.
Senior lawyer Khurshid Alam Khan, another criminal law expert, said at least five years' time will be needed for final disposal of the cases if the HC starts hearing death references and appeals within a week.
"From little experience, I can say that the High Court may need at least 60 working days for hearing and disposing of the matters. After announcement of the High Court verdict, its judges will write down and release the full text of judgement."
"Then appeals will be moved before the Appellate Division against the High Court verdict and subsequently review petitions will be moved before the apex court. Therefore, not less than five years' time will be needed for the final disposal of the cases," he added.
On August 13, Law Minister Anisul Huq told The Daily Star that the government has taken all necessary steps to prepare the paper books, which contain all the details of a trial, expeditiously for quick disposal of the cases.
"The paper books are ready now. I have already talked to the attorney general to take necessary initiative so that the High Court starts hearing of the death references and appeals in the cases," he said.
Contacted on August 15, Attorney General AM Amin Uddin refused to make any comment on this issue.
A Dhaka court on October 10, 2018 sentenced 19 people, including former state minister for home Lutfozzaman Babar to death in the two cases for the murders, and for explosives which were used in the grenade attacks.
Nineteen others including BNP acting chairman Tarique Rahman were given life imprisonment and 11 people were handed different prison terms.
Eighteen of the convicted accused, including Tarique Rahman, who is in London, are absconding and 31 are in jail.
The SC sources said 63 appeals have been filed by the convicts in connection with the cases and all of them are pending before the HC.
The death references reached the HC on November 27, 2018, for examination of the trial court's verdict.
On January 13, 2019, the HC accepted the appeals filed by the convicts. The same day, the HC bench of Justice M Enayetur Rahim (now a judge of the Appellate Division) and Justice Md Mostafizur Rahman also stayed parts of the trial court verdict that fined the convicts.
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