Death sentence for 6 confirmed

The High Court yesterday confirmed the death penalty of six persons, including a central Jubo Dal leader, for killing Awami League lawmaker Ahsanullah Master, a decade after a trial court sentenced 22 people to death and six others to life term for the 2004 murder.

The HC commuted capital punishment of seven others to life imprisonment, upheld life term of two and acquitted 11 of the charges against them. It disposed of the appeals of two others as they died during the trial of the much-talked-about political killing.

Of the 15 convicts, 10 are now in jail and five on the run.

Gunmen killed Ahsanullah, a freedom fighter, and Omar Faruq Ratan, a student, in a staccato burst of fire on a rally of Swechchhasebak League, a pro-AL body, at Noagaon near the MP's house in Tongi on May 7, 2004.

Terming the incident mass killing, the HC bench of Justice Obaidul Hassan and Justice Krishna Debnath said it is a manifestation of political criminalisation in the country.

Victims' family members, however, expressed discontent over the verdict.

They said they would appeal in the Supreme Court, as many convicts were acquitted and the punishment of several others was commuted.

Talking to The Daily Star, a defence counsel said they might file an appeal with the apex court, seeking acquittal of the convicts.

The killing of Ahsanullah, a popular labour leader, sparked outrage in Gazipur as well as other parts of the country. Two persons were killed in clashes between law enforcers and protesters following the murder.

The then BNP-led government was very quick to issue a press note, describing the killing as an "outcome of intra-party conflict" of the AL. 

However, the AL, the then main opposition party, rejected outright the claim and blamed “government high ups” for the killing.

Ahsanullah's murder was a manifestation of confrontational politics in Bangladesh, which saw a series of attacks on AL leaders during the tenure of the then BNP-led government.

AL Chief Sheikh Hasina, now the prime minister, also came under attack on August 21, 2004, which left 24 of the party leaders and activists dead and scores others injured. Hasina was also wounded.

The day after the murder of Ahsanullah, his brother Motiur Rahman filed a case with Tongi Police Station against 19 people, including Nurul Islam Sarkar, leader of pro-BNP youth body Jubo Dal.

On April 16, 2005, Dhaka Speedy Trial Tribunal-1 convicted Nurul and 27 others of the murder, saying the lawmaker was killed out of political vindictiveness and for establishing supremacy in the locality.

Most of the convicts belonged to the BNP.

REASONS BEHIND THE KILLING

Nurul Islam Sarkar, a narcotics trader who masterminded the killing, had political and financial enmity with Jubo League leader and local businessman Mahfuzur Rahman Mohol, who was maimed in the attack, the HC said.

There had been a competition between Nurul and Mahfuzur over narcotics trade in the area. Nurul and his cohorts had planned to kill Mahfuzur as he obstructed Nurul's business, the court said, citing evidence in the case.

Nurul along with his accomplices had a meeting in Purba Markun area 10 to 12 days before the murder of Ahsanullah and chalked out a plan to kill Mahfuzur. At the meeting, they decided that they would kill Mahfuzur during a council of the local unit of Swechchhasebak League on May 7.

On that day, Nurul took two of his cohorts -- Nurul Islam Dipu, leader of Pro-Jatiya Party student body Jatiya Chhatra Samaj, and his brother Shahidul Islam Shipu -- to nearby Shahara Market by his car.

Reaching the rally venue at Noagaon, Dipu and Shipu opened fire on Ahsanullah, and killed him. This proved that apart from killing Mahfuzur, they had hatched a conspiracy to murder Ahsanullah.

The court said Ahsanullah was a political rival of Nurul and his family. The convict also had business enmity with Mahfuzur.

Both Ahsanullah and Mahfuzur were Nurul's targets, and he didn't want to miss the opportunity to kill them both through an attack on a public rally, it added.

DELAY IN HEARING

Following the trial court's verdict in April 2005, death reference was sent to the HC and the convicts filed appeals with it.

But seven HC benches -- one after another -- dropped the death reference and appeals from hearing lists following no confidence petitions from the complainant and defence at various times, causing a 11-year delay in disposal of the case, said lawyers involved in the case.

Attorney General (AG) Mahbubey Alam said there were “different reasons” behind the delay in holding the hearing and disposing the sensational murder case.

He, however, didn't elaborate, and said disposal of cases relating to death sentence usually sees some delay at the HC.

Deputy Attorney General (DAG) Rona Nahrin said the death reference of Ahsanullah murder case was sent to the HC from the trial court in 2005, and the convicts filed separate appeals with the HC the same year.

But since then, seven HC benches dropped the death reference and appeals from the hearing lists, as they felt embarrassed to hold hearing following no confidence petitions from both the complainant and the defence at different times, the DAG added.

Finally in the first week of January this year, Chief Justice Surendra Kumar Sinha assigned the HC bench of Justice Obaidul Hassan and Justice Krishna Debnath to hold hearing and dispose of the death reference and appeals.

The bench first held hearing on the case on January 14 and concluded it on June 8. The court fixed June 15 for delivering the verdict, she added.

Khandker Mahbub Hossain, one of the defence counsels, said there was delay in the hearing of the case as the complainant had sought adjournment several times.

“When Justice Md Muzammel Hossain was the chief justice, I had met him and requested him to take steps to quickly complete the hearing of the case. But no initiative was taken.

“At last, I met present Chief Justice Surendra Kumar Sinha and requested him to take measures to this effect. He then assigned the High Court bench to hold the hearing,” he added.  

REACTIONS

Ahsanullah's son Zahid Ahsan Russel, also an AL lawmaker, said, they were not “fully satisfied” with the verdict, as several convicts were acquitted and the death penalty of several others was commuted.

“We will appeal after getting the full text of the verdict,” Russel told reporters at the court after the HC bench delivered the judgment amid tight security.

Talking to The Daily Star, the AG said the government would move appeals before the Supreme Court against a portion of the HC verdict that commuted the death sentence of seven convicts to life imprisonment.

He also said the death sentence of the six convicts would be automatically halted once they file appeals with the apex court.

Khandker Mahbub said the convicts might challenge their sentences at the SC.

DEATH FOR SIX

The six convicts are Nurul Islam Sarker, Nurul Islam Dipu, Mahbubur Rahman Mahbub, Shahidul Islam Shipu, Hafiz and Sohag. Dipu is now on the run.

LIFE TERM FOR NINE

The seven convicts whose death sentence was commuted to life imprisonment are Mohammad Ali, Syed Ahmad Mojnu, Anwar Hossain alias Anu, Ratan Mia, Md Jahangir, Moshiur Rahman and Abu Salam.

The HC upheld life term of Nurul Amin. It didn't pass any order on Tipu as he didn't file any appeal. It means Tipu's sentence of life imprisonment remains in force, said the DAG.

The HC also fined them except for Tipu Tk 50,000 each, and said they would have to spend another year in jail for failure to pay the fine.

Of the nine, Mojnu, Anu, Tipu and Jahangir (son of Kashem Matbar) are now absconding.

The accused, acquitted by the HC, are Amir, Boro Jahangir, Rakibuddin Sarker, Ayub Ali, Jahangir (son of Meher Ali), Faisal, Lokman Hossain Bulu, Rony Fakir, Khokon, Dulal Mia and Monir.

Al-Amin and Chhoto Ratan died while the case proceedings were on at the HC.