A Dhaka court on May 16 gave its verdict in the Jubo League leader Mohammad Ibrahim murder case, apparently without taking the plaintiff’s deposition.
The court ordered unconditional release of five of the accused while only Kamal Hossain Kala, driver of Awami League MP from Bhola 3 constituency Nurunnabi Chowdhury Shaon, was sentenced to 10 years rigorous imprisonment.
Dhaka Third Additional Metropolitan Session’s Judge Md Akhtaruzzaman passed the verdict, freeing Shaon’s APS Delwar Hossain, Mazaharul Islam Mithu, personal secretary Sohel Ahmed, Jubo League activist Golam Mostafa Shimul and Nur Hossain Munna from all charges.
The name of the ruling party MP Shaon, who was accused by the victim’s brother with seven others, was dropped from the case when police filed the charge sheet.
And interestingly, the Additional Public Prosecutor of the court Md Ashaduzzaman Rochi did not consider it as a murder case.
Ibrahim, 38, a Juba League leader of ward 56 of the Dhaka City Corporation, was shot and killed on August 13, 2010 inside the Parliament complex while reportedly handling a licensed gun belonging to Nurunnabi Chowdhury.
Masum Ahmed, younger brother of Ibrahim, filed a case with the Chief Metropolitan Magistrate’s Court in Dhaka on August 18, 2010, accusing Shaon and seven others of murder.
The plaintiff claimed that the accused did not want Ibrahim to succeed politically. So, Shaon called Ibrahim over and asked him to give up his dream of becoming award councillor. Masum also claimed that the accused had killed Ibrahim and later filed an unnatural death case to divert the investigation process.
In line with a court directive, Criminal Investigation Department Inspector Shah MdMoshiur Rahman filed a murder case with Sher-e-Bangla Nagar police station on September 3, 2010.
On January 11, 2012, CID’s Assistant Superintendent Khondaker M Abdul Halim, who was investigating the case, submitted the charge sheet against six, excluding Shaon.
The investigator rather made Shaon a prosecution witness instead of charging him with the murder.
Metropolitan Magistrate Kamrunnahar Rumi then cleared Shaon, the ruling party lawmaker and Juba League leader, of the charges following an appeal by the CID, saying the charges brought against him were not proved.
Four other Jubo League activists – Mizan,Jibon, Riton and Alam – were also cleared as the court said evidence of their involvement in the killing was not found.
The court, however, took into cognisance the charges against Shaon’s APSDelwar Hossain, driver Kamal Hossain Kala, Personal Secretary Sohel Ahmed, Jubo League activists GolamMostafaShimul, Mazharul Islam Mithu and Nur Hossain Munna.
On February 26, 2012, the court framed charges against the six accused, including Kamal Hossain, saying he had shot and killed Ibrahim.
On September 3, 2010,Kamal had confessed to shooting Ibrahim during a tussle.His statement was recorded by the magistrate under section 164.
However, the plaintiff and first investigation officer of the case, CID Inspector Shah Md Moshiur Rahman, did not appear before the court as prosecution witness. The court even issued an order on February 21 to force him to appear before it, which was also ignored.
When asked how the court gave its verdict without recording the plaintiff’s deposition and cross examination, Additional Public Prosecutor Md Ashaduzzaman Rochi said: “The witnesses did not mention that the accused had committed the crime. This is not a murder case at all. The bullet went off accidentally. It was not a pre-planned murder.”
Ashaduzzaman also claimed that the plaintiff had made his deposition, but when the case docket was searched no deposition and/or cross examination of the plaintiff was found.
It also appeared that on April 18, 2013, the court summoned plaintiff Shah Moshiur Rahman through Inspector General of Police Hasan Mahmud Khandaker for prosecution witness, who did not appear before the court.The court examined 29 out of 43 prosecution witnesses.
Meanwhile, the gun, which belonged to MP Shaon and seized, was returned to him on July 8 through a court order.
“This is illegal as any weapon used in a killing and seized as evidence is destroyed at the end of the case,” criminal legal practitioner advocate Sanjib Kumar Shaha told to the Dhaka tribune.