Dhaka: The Appellate Division of the Supreme Court is set to hear a leave to appeal petition filed by the state against a High Court judgment that acquitted all individuals previously convicted by a lower court in connection with the 2004 grenade attack on an Awami League rally on Bangabandhu Avenue. The hearing is scheduled for May 4, Sunday.
According to Bangladesh Sangbad Sangstha, defence counsel Mohammad Shihsir Manir confirmed to newsmen that the matter was initially on the apex court's cause list for today. However, the hearing was adjourned until Sunday due to a 'not today' order from the Appellate Division. Justice AKM Asaduzzaman, who was part of the High Court division that issued the judgment, was involved in the hearing as a member of the apex court bench. In compliance with the rules, a judge who has ruled in the High Court cannot hear the same case in the Appellate Division. Consequently, the matter will be addressed on a reconstituted bench on Sunday.
The High Court division bench, consisting of Justice AKM Asaduzzaman and Justice Syed Enayet Hossain, delivered the verdict on December 1, 2024, which nullified the lower court's judgment in the two cases. The court's decision came after reviewing the death references, criminal, and jail appeals filed in these cases. The short judgments pronounced by the High Court bench declared, "Death Reference is rejected, all appeals are allowed, all rules are absolute."
On the day of the High Court's judgment, defence counsel Mohammad Shishir Manir stated, "The court today scrapped the lower court judgment and acquitted all the convicts including Tarique Rahman and Lutfuzzaman Babar. It rejected all the death references and allowed all the appeals." Manir further noted that the High Court observed the lower court trial as illegal, emphasizing that it was not conducted in accordance with the law. The High Court pointed out that no eyewitnesses were examined; instead, all witnesses presented had only heard about the incident.
Additionally, Advocate Manir highlighted that the court observed the lower court's judgment was largely based on a confessional statement from Mufti Abdul Hannan, which was deemed to have no evidential value as it was allegedly obtained by force. The High Court concluded its hearing on November 21, placing the matters on the Curia Advisory Vault (CAV), indicating the court awaited its verdict. The cases were on the cause list for today.
The August 21, 2004, grenade attack resulted in the deaths of at least 24 people and injured many others. On October 10, 2018, a Dhaka court sentenced 19 individuals, including former state minister for home Lutfuzzaman Babar, to death, while another 19, including BNP acting chairman Tarique Rahman, received life imprisonment in the murder case related to the incident. Additionally, Judge Shahed Nuruddin of Dhaka's Speedy Trial Tribunal sentenced 11 others to varying terms of imprisonment.