Wait for justice adds to agony

Three years have passed since the mindless communal attacks on the Buddhist community in Cox's Bazar's Ramu upazila, but justice is yet to be delivered.

Three separate probe reports were also submitted to the High Court in this regard more than two years ago. But the HC bench concerned could not hold the final hearing on the matter due to reconstitution of its judicial powers and also apparently lack of seriousness of the lawyers concerned, insiders say.

Even the lower courts of Cox's Bazar could not start trial proceedings in the cases filed after a mob destroyed 12 pagodas and more than 50 houses in Ramu on September 29, 2012, as witnesses allegedly refrained from appearing before the courts.

Three probes were conducted upon HC orders following two public interest writ petitions filed by two Supreme Court lawyers seeking necessary orders for ensuring justice.

The violence was provoked using a fake Facebook profile of a Buddhist youth named Uttam Kumar Barua. The profile carried a picture demeaning the holy Quran, according to an investigation conducted by The Daily Star.

Photo: File

Supreme Court lawyers Jyotirmoy Barua and Eunus Ali Akond filed the writ petitions on October 2 and 3, 2012 seeking actions against the perpetrators responsible for the attacks and the local administration officials on charge of neglect of duty.

The probe reports and the writ petitions are pending with the HC bench headed by Justice Mirza Hussain Haider, but it has no jurisdiction to hear the appeals.

The petitioners now have to appeal to the chief justice to give jurisdiction to the bench for adjudicating their petitions.

The petitioners have been showing apathy to take the move causing delay by the HC to dispose of the issue and give a final decision regarding the matter, sources in the HC said.

“I am now considering moving my petition before another High Court bench for its disposal after the court reopens from the ongoing vacation,” Jyotirmoy Barua told The Daily Star on September 27.

The court went on annual vacation on September 18 and will reopen on November 1.

Jyotirmoy said none of the government high officials, who were supposed to take effective measures to check the incidents but failed, are yet to be punished.

Photo: File

A few of those high officials have rather been given promotion, he said, adding that Uttam Kumar Barua is still missing.

Another writ petitioner Eunus Ali Akond had earlier told The Daily Star that the HC bench headed by Justice Mirza Hussain Haider did not hear his petition, as the matter did not get serial on the hearing list.

One of the probe reports submitted to the HC on May 16, 2013 puts the blame on the local administration and intelligence and law-enforcement agencies.

The inquiry conducted by a judicial body identified 298 people as responsible for the attacks. It also made 20 recommendations that include helping improve the competence and standards of the administration, containing posts on social media and awakening a sense of patriotism in people, sources said.

Another probe led by police blamed the then superintendent of police of Cox's Bazar and the then officer-in-charge of Ramu police for failure to prevent the attacks. The committee recommended action against the then OC AK Nazibul Islam but did not suggest any action against the then district police boss Selim Md Jahangir.

The third inquiry report prepared by the home ministry said 205 people were involved in the mayhem, which was designed at least 10 days ago in four phases.

After the reports were submitted, judicial power of the HC bench for final hearing on the petitions was changed by the then chief justice, according to sources.

As many as 19 cases have meanwhile been filed with different police stations in Cox's Bazar in connection with the attacks accusing 15,182 people. The police have submitted charge sheets in 18 cases to different courts of the district.

Only some people and some leaders and activists of Jamaat-e-Islami and BNP including Tofail Ahmed, upazila chairman of Naikhangchhari upazila of Bandarban, expelled upazila chairman of Ukhiya Sarwar Jahan Chowdhury, its then chairman Shahjalal Chowdhury, its expelled vice-chairman Sultan Mahmud Chowdhury, and the Union Parishad chairman of Hoyaikong have been named in the charge sheets.

District court police sources said law enforcers had arrested 483 people in connection with the cases, but almost all of them are out on bail.

Contacted, district public prosecutor of Cox's Bazar Momtaz Ahmed told The Daily Star that witnesses could not be found for placing statements before the courts in connection with the cases.

He said the witnesses were communicated through assistant public prosecutors and police so that they would appear before the courts, but they did not respond.

The witnesses even did not receive the courts' notices for appearing before the courts, Momtaz added.

He suspects the cases will be scrapped if the witnesses are not produced before the courts.