Judge Mohammad Momin Ullah of the Dhaka Metropolitan Sessions Judge's Court on January 26 directed Mirza Abbas, his brother Mirza Khokon and four others to appear before it on February 20.

Four other accused are Shahab Uddin Laltu, former president of Jatiyatabadi Chhatra Dal, student wing of ruling BNP, Yusuf Bin Jalil, Abu Iqbal and Sumon. Of them, Abbas, Khokon, Yusuf and Laltu obtained bail from the High Court (HC) while Abu Iqbal got bail from the sessions judge's court. Sumon is still at large.

Following a court rule, the case was stayed for a long time.

The HC vacated the stay order on the case, clearing the way for starting its trial.

A lawyer for Shahab Uddin Laltu on July 4, 2004 submitted that his client had instructed him not to proceed with the rule. Accordingly, the bench comprising Justice Sheikh Rezowan Ali and Justice AFM Ali Asgar discharged the rule for non-prosecution.

Following the vacation of the rule, the Chief Metropolitan Magistrate's (CMM) Court, Dhaka on December 18 last year directed the authorities concerned to send the case to the sessions judge's court for trial.

According to the prosecution, over 150 activists led by former Dhaka City Corporation Mayor Mirza Abbas brought out a procession during a dawn-dusk hartal called by the (then) opposition party BNP at about 11:30am on February 13, 2001.

They attacked a procession of the (then) ruling Awami League near Razarbagh Police Lines.

As the BNP processionists sprayed bullets at the police barracks, constable Abu Naser, 27, was bullet-hit when he was standing in the corridor adjacent to his third floor room at Rajabagh Police Lines. He died on the spot. Constable Partha Roy was also seriously injured during the incident.

Subedar Jamal Uddin filed a murder case with Motijheel Police Station the same day. The investigation officer pressed charges against Mirza Abbas and five others on July 11, 2001.