The role of former prime minister Begum Khaleda Zia in the sensational 10-truck arms haul in April, 2004 in Chittagong was found mysterious by the court which delivered the verdict on the two cases in the incident on January 30.
SM Mojibur Rahman, judge of Chittagong Metropolitan Special Tribunal 1, who pronounced a short version of the verdict in the cases on January 30 gave this observation in the full copy of the judgment that was released yesterday.
The judge observed that it was a conspiracy to destroy the good relations of brotherly countries Bangladesh and India.
In the arms case, the court released a 214-page judgment that awarded life term imprisonment to 14 accused and 260-page judgment in the smuggling case that awarded death sentence to the same 14 including two former ministers, some military officials in intelligence agencies and a leader of Indian separatist group Ulfa.
The judge in his judgment observed that convicted officials of National Security Intelligence (NSI) and Directorate of General Forces Intelligence (DGFI) involved themselves with the arms smuggling incident maintaining relations with Indian separatist group Ulfa.
The convicted NSI and DGFI officials along with Indian separatist group Ulfa, Pakistani intelligence ISI and Dubai-based company ARY hatched a conspiracy to destroy the diplomatic and friendly relations between Bangladesh and India.
Indian separatist group United Liberation Front of Assam (Ulfa) was the intended recipient of the illicit arms that landed at the jetty of state-owned Chittagong Urea Fertiliser Limited (CUFL) that night.
The court found that the convicted Bangladeshi intelligence officials had not only been benefitted by Ulfa,but also took thousands of dollars and lucrative gifts from some foreign missions, agencies and business groups including Pakistani Inter-service Intelligence (ISI) and Dubai-based company ARY.
Omar Fuad, bench assistant of the court, told the Dhaka Tribune that the judge had signed the full text of the verdict and it would be forwarded to the High Court as early as possible.
In another observation, the judge said the arms were being smuggled through land and water territory of Bangladesh to strengthen Ulfa.
“The accused put no importance on the apprehension that such incident will hamper the friendly and helpful relation with the neighbouring county,” the court said.
This kind of conduct ascertained that the accused had ill-motive to destroy the relation between the two countries; the court said adding that the accused had done it in collaboration with the Ulfa leader.
“The involved defence officials defamed our foreign policy by implicating themselves with the incident,” the court said.
“They also defamed our defence forces which achieved pride and honour in the world by working in peacekeeping missions of the United Nations,” the court added.
About Lutfozzaman Babar, former state minister from home affairs, the court said that he had tried to hide the misdeed using different tricks instead of taking any legislative measure.
“It was proved that the accused and the government high-ups were informed about the matter and called it a matter of ‘national interest,’ but I cannot understand how an arms consignment in our country for Ulfa leader Paresh Barua can be of national interest,” the court said.
It had been proved that the entire incident was pre-planned and they played an active role in collaboration with each other in this connection, the court said.
When prosecution witness Maj Gen (retd) Sadik Hasan Rumi informed the matter to the then premier Khaleda Zia over the phone, she had no reaction and said she was aware of it and a probe committee would be formed.
“Such a silent role by the head of the government instead of expressing stern reaction after knowing about this very big incident seems mysterious,” the judge added.
In the same way, it was proved to the court that the then state minister for home affairs Lutfozzaman Babar had tortured the eye witnesses of the incident. Prosecution witnesses police Sergeant Alauddin and Sergeant Helal Uddin were mentally and physically tortured as Babar implicated them in a fake arms case a year after the incident.
It was also proved that Babar was involved with the incident directly as he ordered to release five persons who were detained from the spot and had ordered the CMP commissioner and DC (Port) not to talk about the incident to journalists or to mention NSI’s involvement with the incident.
It was proved that the convicts had much knowledge and control over the arms and ammunition and no one could have brought such a large consignment of weapons working alone.
“So the logic of the defence that the accused had no idea about the weapons is not acceptable,” the court observation said.
Quoting section 197 of Criminal Procedure Code, counsel for the accused Field Officer Akbar Hossain Khan said his client could not be indicted in the cases while he was a government employee.
In reply, the judge said in his observation that it was not necessary to take prior permission from the government to take action against any public servant when they were involved with any misdeed.
The weapons were made in China, said PW 55 Brig Gen Hasan Mahmud Taiyebur Rahman’s deposition.
The arms and ammunition seizure is not only the biggest ever in Bangladesh, the judge said, the court could not find an incident of such a large-scale arms smuggling in the world.
“A small cantonment can be set up with the seized weapons,” the court said, adding that the consignment was brought when Matiur Rahman Nizami was the industries minister and Lutfuzzaman Babar was the state minister for home.
It can be said without any evidence or proof that bringing in such a huge consignment of arms and ammunition from abroad is not possible without the help of the government, the court added.
The court also said the NSI and DGFI officials committed a big crime by providing shelter to a foreignseparatist leader.
International smugglers and terrorists choose those countries for their terrorism and criminal activities in which they can convince the country’s high-ups by giving different kinds of unethical facilities, said the court.
Ulfaleader Paresh also used the technique while the NSI and DGFI officials took the illegal facilities with the collaboration of embassies of some other countries.
The NSI and DGFI officials also travelled abroad more than once and sat in meeting with Ulfa, ISI and ARY, said the court.
All the activities of the accused proved that they had committed a severe crime by bringing 10truckloads of weapons with the collaboration of politicians, government officials and local and international smuggling gangs.
They were involved with the conspiracy to destroy the whole nation and to threatenthe existence of the country. So the court decided to award the highest punishment to the accused. Otherwise it was not impossible that such incidentswould be repeated, the court observed.
On April 2, 2004, the police seized 4,930 types of sophisticated firearms, 27,020 grenades, 840 rocket launchers, 300 rockets, 2,000 grenade launching tubes, 6,392 magazines and 11,40,520 bullets when they were being loaded on to 10 trucks from two engine-boats at the jetty of the CUFL.
A total 50 persons were sued in arms case and 52 persons in smuggling case lodged over the incident while the court acquitted a total 36 accused in arms case and 38 in smuggling case.