The Criminal Investigation Department is likely to press charges against 40 persons including the owners of the Rana Plaza building, and the five garment factories within it, in two cases this month.
The traumatising incident of April 24 last year – one of the worst ever industrial disasters – claimed the lives of more than 1,135 people and injured over 2,500 workers as they were reportedly forced to continue work even though cracks had developed in the building. The nine-storey building also housed a branch of Brac Bank and a shopping complex.
The CID has so far taken statements from 600 witnesses. After scrutiny by the prosecution and the officials involved, the charge sheet will be submitted to a Dhaka court, confirmed Assistant Superintendent of Police (CID) Bijoy Krishna Kar.
He said all the detained 21 persons were involved with the construction of the building while the others would be charged for helping the building’s owner, Sohel Rana, flee or giving him shelter. Among those, eight persons, including Rana’s father, Abdul Khaleque, have been granted bail.
“We will recommend the highest punishment for all the accused,” said Bijoy, also the investigating officer for the three cases filed in connection with the country’s deadliest incident.
The CID sources said the probability of prosecuting former Awami League lawmaker from Savar, Talukder Towhid Jung Murad, is low as he was not found to be “directly” involved in the incident. Moreover, one of the owners of Phantom Tek, David Meyer Reko, will not be charged as he has fled to his home country, Spain.
“We are trying to find out whether he escaped following the incident or beforehand,” the CID official said.
A total of five cases were filed after the incident, of which three were regarding the collapse. Police have also submitted charge sheets in two cases accusing Rana of possessing arms and ammunition under the Explosives Act.
The CID has so far investigated two out of the three cases which were filed with Savar police station for homicide and violation of building codes. Rajdhani Unnayan Kartripakkha (Rajuk) filed one case against the building owner for structural fault, and for constructing the building using substandard materials and violating the Building Code.
Wali Ashraf, a sub-inspector of Savar police station, filed the other case against Rana, his father Abdul Khalek, and the owners of the five garments factories housed in the building, for the loss of lives and damages.
The other case was filed by Sheuli Akter, wife of a deceased worker, Jahangir Alam – whose body was recovered on April 24 – against Sohel Rana; and Bazlus Samad Adnan, owner of New Wave Style garments; and Rafiqul Islam, Executive Engineer of Savar municipality.
The CID is yet to finish investigation in this case.
Those who are likely to be charged include the owners of the factories (Bazlus Samad, Mahmudur Rahman, Aminul Islam, Anisuzzaman. Zannatul Ferdous); and the suspended mayor of Savar, Refatullah; and the recommender of the building’s design Mohammad Ali Khan; and Savar municipality executive engineer’s two deputies Rakibul Hasan and Mahbubur Rahman; and UNO Kabir Hossain; and Rajuk officials Helal Uddin, Awlad Hossain, Sarwar Kamal, and Bidyut Miah; and also seven of Rana’s relatives and associates.
On November 24 last year, a Dhaka court issued a show cause notice, asking the CID to explain why they had failed to submit a probe report reagrding the two cases. Earlier, the same trial court gave the CID one month to submit the report by November 24.
Talking to the Dhaka Tribune, several lawyers said the cases were not strong enough to ensure the highest punishment. The cases filed by the Rajuk and the police were bail-able while the provisions for punishment are weak.
Sultana Kamal, executive director of Ain o Salish Kendra (ASK), has recently said the sections which have been followed to lodge the cases, leave options for giving the accused only light punishments. It would be better if the accused could be charged directly with murder on the grounds of negligence.
When contacted, Anwarul Kabir Babul, additional public prosecutor of Dhaka, said the court could award Rana a maximum of seven years imprisonment in the Rajuk case. In the other case filed by the police for negligence, the accused could not be convicted for directing or planning the killings.
Rana and his associates might be awarded life-sentences if the prosecution can prove the allegations.
The investigators found that Rana got approval for a six-storey building, and later, violating the law, illegally obtained approval for four more floors. The building was first a commercial one, and then it was approved as an industrial structure.
Rana rented out the floors to the factories to install big and heavy machines. The building thus became more vulnerable. The Savar municipality helped his illegal activities by providing trade licenses to the five garment factories in the commercial building.
“We have clearly found liabilities with the building owner and the factory owners with respect to the loss of lives. The factory owners did not stop production after a crack developed a day before the collapse. Additionally, a faulty building design was approved by the municipality. Without any survey report of the structural design, four more floors were approved,” the IO said.
“As per the law, the building owner cannot apply to add floors separately. The authorities first approved six floors of Rana Plaza in 2006 and opened a new file in 2008 to approve the additional floors,” he said.
The investigation team also thinks that apart from the building owner and the garments factory owners, the Directorate of Industries and Savar municipality failed to discharge their duties properly.
Ethertex did not get any license from the directorate. The former upazila Nirbahi Officer also neglected his duties, the investigators said.
There was a branch of a private bank on the first floor of the building, and they left the place after the crack had been noticed, fearing a collapse. Talking with the investors, they opined that the garment factory owners should have done the same.