Canadian university student Tahmid Hasib Khan, who walked out of jail on bail after police said he had no link to the July 1 Gulshan restaurant attack, has been cleared of all charges by the court.
Another survivor, former private university teacher Hasnat Reza Karim, who allegedly instigated the terrorists, remains an accused in the case filed over the deadly terrorist attack that killed 23 people including 17 foreigners.
The duo were both present during the 12-hour-long siege at Holey Artisan Bakery in Dhaka's Gulshan 2 and were rescued by commandos the next morning. The law enforcers interrogated them several times and detained them on suspicion under Section 54 of the CrPC on August 3. Later, Hasnat was shown arrested in the case.
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Metropolitan Magistrate Md Nur Nabi on Wednesday cleared Tahmid and Hasnat from the charges under Section 54 after counter-terrorism unit Inspector Humayun Kabir, also the investigation officer of the case, appealed to the court for clearing them of the charges.
Son of businessman Fazle Rahim Khan, Tahmid was present before the court on Wednesday. He was represented by lawyer Mosharraf Hossain Kajal during the hearing.
The same court on Wednesday accepted an application filed by the IO on September 28 to file a prosecution report under section 176 alleging Tahmid's uncooperativeness with the investigation despite repeated legal notice. The IO said that Tahmid withheld information on the terrorists during interrogation.
The court set October 16 to hear the application.
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Tahmid was released on bail on October 2 after the police turned in a probe report with a prayer for relieving him from the charges. In the prayer, the police said they found no evidence of his links to the Gulshan attackers or any other militants.
DMP Commissioner Asaduzzaman Mia yesterday said that they had not found any presentable, eligible or considerable evidence against Tahmid.
“We can not say someone is guilty or innocent if we do not have credible information or evidence,” he said.