In the full text of the Narayanganj seven murder verdict, the trial court said the Rapid Action Battalion (RAB) cannot be raped by some unruly and unscrupulous members of the elite force. The court cited the involvement of some RAB members in the sensational case in this regard.
Terming the RAB as an admiring elite force, the court said the gruesome killing incident was a crime against humanity. The Independent has obtained a copy of the verdict. Excerpts from the verdict are given below:
“The RAB is a symbol of ‘responsibility', 'ability' and ‘beneficence’. It has succeeded in a huge number of cases relating to national crises since its inception,” said the copy of the verdict released yesterday.
“All offenders involved with the RAB acted illegally for individual motives. The entire elite force cannot come under criticism for some ill-motivated individuals. However, the high expectation of the people on the RAB means that the authorities concerned should be more cautious in appointing people on deputation in the elite force. At the time of the alleged occurance, it was thought by the people that the RAB had committed the alleged offence,” it said. “The dead bodies of the said victims
were kept concealed to wipe off the evidence of the offence in the case. Since the accused had killed five victims out of the seven instantly, it appears that the accused persons had held criminal mentality and that the said offence committed by the accused persons was a crime against humanity. Hence, capital punishment and nothing else could be awarded to the guilty," it added.
"Corroborative evidence, facts, circumstances, and evidence on record have been considered in this case.
The accused persons admitted the alleged offence for causing abduction, plotting criminal conspiracy, murder and disappearance of evidence. The recorded statements were given voluntarily. It is clear that accused Noor Hossain, Tarek Sayeed Mohammad, Maj. (rtd) Arif, M. M. Rana, Emdadul Haque. ROG-1 Md. Arif Hossain, Hira, Belal, Abu Taiyb, Sihabuddin, Pumendubala, Churchil, Ali Mohammad. Miazanur Raham Dipu alias Mizan, Raham Ali, Abul Basar. Abdul Alim, Mohiuddin Munshi, Al-Amin, Tazul Islam, Enamul Kabir, Salim, Sanaullah alias Sana, Sajahan and Zamaluddin committed the offence of committing the murders," it noted.
"In the current case, 35 persons were accused and among them 25 are members of the state forces. Hence, the offence in question had been comitted by by both accused defence personnels and common persons. It is very scandalous for a nation that the accused defence personnels committed the alleged abduction and killing, and that they wiped off evidence with the help of private individuals," the verdict copy said.
"Since the accused private individuals were engaged in committing the alleged illegal acts or offences with thenaccused defence personnels, it must be inferred easily with facts, circumstances and evidence on record that both acted illegally under a premeditated design for the personal benefit of each group. One group (accused Noor Hossain's group) acted jointly with another group (accused defence personnel) to commit the crimes of abduction, murder and disappearing the evidence," it observed.
"Since accused Noor Hossain had animosity with one of the victims, Nazrul, he developed a good relation with senior 'RAB’ officials to commit the alleged offences with their help. Noor Hossain was the mastermind in committing the atrocious offence," it said.
"As the alleged offences were committed by defence personnel for personal motives, I would again and again say that the RAB, as a force, had not committed the crime. It was committed by some unscrupulous members of that elite force to fulfil their personal interests," it added.
"Considering the fact and circumstances, it is clear that both the accused defence personnel and civil persons were involved in a conspiracy. The conspirators abducted the victims and thereafter killed them. They eventually dumped the dead bodies into the river," it noted.
"It was expressed by accused Noor Hossain that victim Nurul and others had been kidnapped on that day (27-04-2014) and would be killed by the 'RAB'. Noor Hossain sent all the above-menioned accused persons by his driver (accused Mizan), thus helping RAB personnel to murder the victims," it added.
"It is apparent that before turning towards the landing station for such operation, there took place a criminal conspiracy masterminded by accused Noor Hossain. Thus, with the full knowledge and common design, all these accused persons (except accused Noor Hossain) went to the landing station for committing the murders. The bodies of the victioms were dumped into the river shortly after," the verdict copy observed.
"Considering the facts, circumstances, and evidence on record, it is apparent that there was was a tussle between accused Noor Hossain and victim Nazrul for gaining dominance in the local area. One of changed his loyalty to the politics of the Awarni League (preciously attached with BNP politics) politics, while the other was involved with the BNP. They did not follow any political ideology and only believed in power politcs. Hence, Noor Hossain murdered Nazrul and tried to wipe off the evidence," it said.
"The accuscd Lt Col Tarek Sayeed Mohamaad (rtd) is found guilty under Section I20B and 364/34 of the Penal Code and is sentenced to I0 years of rigorous imprisonment with a fine of TK. 50,000 (failing to pay the fine, he would be serve another year of rigorous imprisonment). Another accused, Lt Col Tarek Sayecd Mohammad (rtd) is found guilty under Section I20D and 201/34 of the Penal Code and therefore is sentenced to seven years of rigorous imprisonment with a fine of Tk. 50,000 (failing to pay the fine, he would face another year of rigorous imprisonment), and the above-mentioned sentences would run concurrently," it said.
Meanwhile, the High Court (HC) yesterday received the death reference of the sensational Narayanganj seven-murder case.
Now, the HC will examine the trial court verdict that had sentenced expelled Awami League leader and former NCC councilor Nur Hossain, three former RAB officers, including sacked RAB-11 commanding officer Lt Col Tareque Sayeed Mohammad, and 22 others to death in connection with the sensational Narayanganj seven-murder case.
Additional Registrar of the High Court Sabbir Faiz told The Independent that they would pray to the chief justice for his approval for preparing paper book of the case on priority basis.
“If Chief Justice Surendra Kumar Sinha gives approval, we will take steps for preparing paper book for hearing the death reference. After getting approval from the chief justice, the paper book can be prepared by two to three months,” he added.
The HC disposes of a death reference after examining as to whether a condemned prisoner deserves capital punishment or not. If a condemned prisoner deserves death penalty, the HC upholds the lower court verdict. If the HC confirms death sentence of an accused or acquits him/her, the aggrieved side may file appeal with the Appellate Division against the verdict.
On January 16, Narayanganj District and Sessions Judge's Court found 35 people, including 25 former Rab officials and expelled ruling AL man Nur Hossain, guilty of abduction and murder of seven people and destroying evidence in April 2014.
The court handed down death penalty to 26 people, including 16 former Rab men and jailed nine other accused for various terms, from seven to 17 years.
On April 27, 2014, Narayanganj panel mayor Nazrul Islam, his three associates and driver were abducted from Fatullah area.
At the same time, senior lawyer at the District Judge’s Court Chandan Kumar Sarkar and his driver were also abducted on their way to the capital. Three days after their abduction, the bodies of six men, including those of Nazrul and Chandan, were recovered from the Shitalakhya River. The following day, the body of Nazrul’s car driver Jahangir was recovered from the river.
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Editor : M. Shamsur Rahman
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Editor : M. Shamsur Rahman
Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
Editorial, News & Commercial Offices : Beximco Media Complex, 149-150 Tejgaon I/A, Dhaka-1208, Bangladesh. GPO Box No. 934, Dhaka-1000.
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