A warning for reckless drivers

A Manikganj court yesterday sentenced a bus driver to life imprisonment in a case filed over the road accident that killed noted filmmaker Tareque Masud, media personality Ashfaque Munier Mishuk and three others in 2011.

Manikganj Additional District and Sessions Court pronounced the verdict in presence of the convict, Jamir Hossain, 50, holding him guilty for "reckless driving and negligence" that led to the deaths of the five.

"This caused a huge loss to the media  industry of Bangladesh. Therefore, there is no rational scope to show any lenient view towards the accused," Judge Al Mahmud Faijul Kabir said in his verdict, adding that the convicted driver had no licence and was running an unfit bus.

On one count, the court handed the driver life imprisonment and fined him Tk 5,000, in default of which he will have to stay in jail for another three months.

On another count, he was sentenced to two years in jail and fined Tk 2,000, in default of which he would serve in jail for one more month.

The sentences will run concurrently, said the verdict.

The convict might stay behind bars until his death as Chief Justice Surendra Kumar Sinha has recently said imprisonment for life means jail until death.

He, however, can file an appeal against the verdict.

Road accidents with heavy casualties are common in Bangladesh but the drivers responsible in most of the cases escape trial. Though the drivers are punished in a few cases, awarding life imprisonment is rare, said experts working on road accident-related issues.

On August 13, 2011, Tareque Masud, Ashfaque Munier Mishuk popularly known as Mishuk Munier, and their film production crew -- Wasim, Jamal and microbus driver Mostafizur Rahman-- died in the fatal road crash on the Dhaka-Aricha highway at Joka under Ghior upazila of Manikganj.

Tareque's wife Catherine Masud, artist Dhali Al Mamun, his wife Dilara Zaman Jolly and film production staff Saidul Islam were injured in the accident.

The team was on its way to meet the Manikganj deputy commissioner for permission to shoot for Tareque's project “Kagojer Phool” after visiting a shooting spot at Saljana village in Shibalaya upazila. A Chuadanga-bound bus from Dhaka collided with the microbus carrying the team.

Sub-inspector of Ghior Police Station Lutfar Rahman filed a case the same day against the bus driver, who was arrested at his relative's house at Gangni upazila of Meherpur two days later.

Investigating officer Ashraf-Ul-Islam submitted the charge sheet in the case on March 22 in 2012.

The accident triggered a huge public outcry with campaigners and eminent citizens blaming the government for stomaching the "road terrorism" that "murders" thousands every year and demanded immediate resignation of the then communications minister for his inaction.

The then communication minister Syed Abul Hossain faced severe criticism from his cabinet colleagues and even Prime Minister Sheikh Hasina expressed annoyance over poor conditions of the highways.

Amid the uproar over the road safety issue, Shipping Minister Shahjahan Khan who is a leader of transport workers came up on August 18 that year with a “revelation” that "a driver does not need to be educated to get a driving licence".

CONVICT HAD NO LICENCE

After examining statements of 24 prosecution witnesses and two witnesses from the defence in the last five and a half years, the court delivered the verdict yesterday.

The court in the verdict said, “After driving the entire night without any driving licence, the accused drove the unfit bus recklessly despite rain and turns on the road and hit the microbus after overtaking a minibus”.

By doing that, the driver not only caused Tk 5 lakh damage to the microbus but also caused the death of five persons.

'STILL TRAUMATIZED'

In his instant reaction to yesterday's verdict, Asif Munier, younger brother of Mishuk Munier, told The Daily Star that they were not feeling any self-satisfaction. 

“The execution of the verdict would be a closure of a chapter”.

Referring to Mishuk's mother, wife and the couple's son, Asif said they were still traumatized by the accident.

He said their lawyers had requested them to go to the court yesterday to hear the verdict pronouncement. But they did not go there as they would have to cross the highway where the accident happened. “We are still not mentally prepared to cross the road.”

Asif said people are getting killed on the roads every day. But most of the families of the victims don't want to launch any legal battle as it takes much time.

“We hope yesterday's verdict would encourage them to file cases. We will be very happy if they too get justice.”

He also demanded that those involved in irregularities in the transport sector be brought to justice.

Meanwhile, Madhov Saha, lawyer for convict Jamir, claimed that his client was innocent and that they would appeal against the verdict at the High Court.

"I am not guilty... I did not kill anybody. I just manoeuvred my vehicle to my left, "Jamir said after the verdict was pronounced.

PROCESSION OF DEATH

Road crashes in the last couple of weeks marked a sharp rise in the country, claiming many lives and injuring many others.

At least 811 people were killed and 1,677 others injured in 609 road crashes this year until yesterday, according to Bangladesh Passengers' Welfare Association.

On average, more than 15 people lost their lives on the road every day.

Reckless driving, run-down and unfit vehicles, modifying body structure of vehicles, establishing roadside kitchen markets, operating unauthorised three-wheelers on highways, operating vehicles by unlicensed drivers, among other issues, are mainly to blame, said experts.

Even though hundreds of vehicles hit the roads every week, the vital road safety issue remains largely ignored, they said.

Talking to The Daily Star, two experts said a few years ago, a court sentenced a man to life in prison over a road accident. They, however, could not give details of the case.

On December 8, 2011, a Chittagong court awarded five years' imprisonment to the trucker responsible for a road crash in Mirsarai upazila that killed 44 people, most of whom were students, on July 11, 2011.

But the convict was acquitted by the higher court later, said Mozammel Hoque Chowdhury, secretary general of Bangladesh Passengers' Welfare Association.

[Our Manikganj correspondent Jahangir Alam contributed to this report]