Nearly a decade after the deadly Holey Artisan Bakery attack in Dhaka's Gulshan, the case is now awaiting a hearing before the Appellate Division of the Supreme Court.
The July 1, 2016, attack, carried out by militants of the banned neo-JMB (an extremist wing of the banned domestic militant organization Jamaatul Mujahideen Bangladesh), left 20 hostages dead, including several foreign nationals. Two police officers were also killed while responding to the assault, while five attackers died during a military-led commando operation.
The attack drew widespread international attention and remains one of the deadliest militant incidents in Bangladesh's history.
Trial and High Court verdict
Police filed a case under the Anti-Terrorism Act with Gulshan Police Station following the attack. After more than two years of investigation, charges were framed against eight accused on November 26, 2018.
On November 27, 2019, the Anti-Terrorism Special Tribunal in Dhaka sentenced seven accused to death and acquitted one.
Those sentenced to death were Aslam Hossain alias Rash, Hadisur Rahman Sagar, Rakibul Hasan Regan, Jahangir Alam alias Rajib alias Rajib Gandhi, Abdus Sabur Khan alias Sohel Mahfuz, Shariful Islam and Mamunur Rashid. Each was also fined Tk50,000.
The tribunal acquitted Mizanur Rahman alias Boro Mizan, citing insufficient evidence.
The mandatory death reference and appeals were later sent to the High Court. The case record comprised more than 2,300 pages, including witness testimonies, seizure lists, the charge sheet and the trial court judgment.
The High Court began hearing the death reference and appeals in early 2023 and concluded proceedings on October 11 that year.
On October 30, 2023, the High Court commuted the death sentences of the seven convicts to life imprisonment.
Why the sentences were reduced
The full 229-page High Court judgment, released in June 2025, said the evidence established that five militants—Rohan Ibne Imtiaz, Mir Sameh Mobasher, Nibras Islam, Shafiqul Islam alias Ujjal and Khairul Islam alias Payel—were directly involved in the killings inside the restaurant.
The court noted that all five attackers were killed during the commando operation and said that, had they survived, they could have been convicted under Section 6(1)(a)(i) of the Anti-Terrorism Act and sentenced to death.
However, the court found that none of the seven appellants was present at the scene during the attack or directly participated in the killings.
It ruled that the trial court had erred in convicting them under the provision relating to direct participation in the murders based on the doctrine of "common intention."
Instead, the High Court held that the prosecution had proved beyond reasonable doubt that the seven convicts had planned the attack, conspired with the attackers, arranged funds and weapons, recruited and sheltered the militants, and instigated the killings.
The court therefore convicted them under Section 6(1)(a)(ii) of the Anti-Terrorism Act, which relates to conspiracy and facilitation of terrorist acts, sentencing each to life imprisonment along with a Tk50,000 fine. In default of payment, each would have to serve an additional five years in prison.
Appeals pending
Following the High Court verdict, both the state and the convicts filed appeals with the Appellate Division.
Attorney General Barrister Md Ruhul Quddus Kajal said the case is awaiting hearing.
"The case is pending before the Appellate Division. The Appellate Division has recently been taking initiatives to dispose of cases more quickly, and the state will also pursue this case," he told reporters.
He, however, noted that the Appellate Division is currently operating with only five judges and faces a heavy caseload.
"The Holey Artisan attack is significant not only in Bangladesh's history but also internationally, as many foreign nationals were killed. Keeping that in mind, we will take the necessary initiative," he added.