After hearing from the prosecution and the defence on the issue on August 29, Judge Momin Ullah of the Metropolitan Sessions Judge's Court did not withdraw the case and set the date for the next hearing.

Earlier on July 17, Public Prosecutor (PP) Abdullah Mahmud Hassan submitted the petition along with a home ministry letter that recommended withdrawal of the case, saying it was a "politically motivated" one.

The petition also sought withdrawal of the charges against three other accused Shahab Uddin Laltu, former president of Jatiyatabadi Chhatra Dal, student wing of the ruling BNP, Yusuf Bin Jalil and Abu Iqbal.

However, the trial of the case against another accused Sumon will continue.

According to the prosecution, over 150 people led by the then Dhaka City Corporation (DCC) Mayor Mirza Abbas brought out a procession during a hartal called by BNP, the then opposition party, on February 13, 2001.

They attacked a procession of the then ruling Awami League near Rajarbagh Police Lines.

As the BNP processionists fired at the police barracks, Constable Abu Naser, 27, was shot on the third floor of Rajarbagh Police Lines. He died on the spot. Constable Partha Roy was also seriously injured during the firing.

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.

The home ministry in a letter on June 19 this year informed the district magistrate of Dhaka that it had decided to withdraw charges against Mirza Abbas and four others as the charges were "politically motivated".

The ministry asked the district magistrate to hand over the matter to the metropolitan public prosecutor (PP), who will arrange withdrawal of the case with permission from an appropriate court.