No legal bar to Babar’s release
The High Court yesterday acquitted former BNP state minister for home affairs Lutfozzaman Babar and five others, who were sentenced to life imprisonment by the trial court in the Arms Case filed after the recovery of 10 truck loads of arms in Chattogram in 2004.
The court commuted the jail sentences of five more convicts, including Paresh Barua, military commander of United Liberation Front of Assam (ULFA), a separatist group fighting for an independent Assam.
The bench of Justice Mustafa Zaman Islam and Justice Nasreen Akter also declared abetted (ended) the appeals of other three accused as they died.
There is no legal bar for Babar to get released from Keraniganj jail following the HC verdict, his lawyer Mohammad Shishir Manir told The Daily Star immediately after receiving the judgement.
"The judges of the High Court bench said they will sign an advance order today [Tuesday]. I hope that this order will be delivered today and Lutfozzaman Babar will be freed from Keraniganj jail as soon as possible," the lawyer added.
A group of followers of Babar instantly brought out a brief procession on the Supreme Court premises and chanted slogans expressing satisfaction over his acquittal.
Two cases were lodged with Karnaphuli Police Station a day after the arms were seized at Chattogram Urea Fertiliser Ltd (CUFL) jetty in the early hours of April 2, 2004, during the rule of BNP-Jamaat government.
The arms and ammunition included 4,930 sophisticated firearms, 840 rocket launchers, 300 rockets, 27,020 grenades, 2,000 grenade-launching tubes, 6,392 magazines, and 11.41 million bullets.
One case was filed under the Special Powers Act 1974 for smuggling of firearms and the other under the Arms Act for illegal possession of arms.
Yesterday, the HC bench led by Justice Mustafa delivered the verdict on the appeals in connection with the case filed under the Arms Act.
On December 18 last year, the same HC bench made a judgement on the appeals in connection with the case lodged under the Special Powers Act.
The court on that day acquitted Babar and five others, who were sentenced to death by the trial court, in the case.
The other five who were cleared from the arms case yesterday are former industries minister and then Amir of Jamaat-e-Islami Matiur Rahman Nizami; former director of Directorate General of Forces Intelligence (DGFI) Maj Gen (retd) Rezzakul Haider Chowdhury; ex-CUFL managing director Mohsin Talukder; former CUFL general manager (admin) KM Enamul Hoque; and former additional secretary of industries ministry Nurul Amin.
The HC also declared the appeals of three accused abetted (ended) as they died. They are former NSI DG Brig Gen (retd) Md Abdur Rahim, labour supplier Deen Mohammad, and trawler owner Haji Sobhan.
In May 2016, Nizami was executed for crimes against humanity committed during the Liberation War in 1971.
The jail sentences of five accused, including Paresh Barua, out of 14 who were given life sentences by the trial court, were commuted by the HC yesterday.
Paresh's imprisonment was commuted to 14 years.
The four others, whose jail sentences were commuted to 10 years, are former NSI director wing commander (retd) Shahab Uddin, former NSI deputy director Maj (retd) Liakat Hossain, ex-NSI field officer Akbar Hossain Khan, and Hafizur Rahman.
A section of lawyers, including SM Shahjahan, Mohammad Shishir Monir, Shadhan Kumar Banik and Mohammad Ahsan, appeared for the accused while Deputy Attorney General Sultana Akhter Rubi and Assistant Attorney General Md Asif Imran Zisan represented the state during yesterday's hearing.
HC OBSERVATIONS
Delivering the verdict, the HC bench observed that the prosecution could not prove the charges brought against all accused regarding actual control and possession of the firearms.
The conviction and sentence in criminal cases cannot be handed out without credible evidence, it said.
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