A Dhaka court on Sunday framed charges against 21 accused in the murder of scrap trader Lal Chand, also known as Md Sohag, 39, who was hacked and beaten to death in public in front of Gate-3 of Sir Salimullah Medical College Hospital last year, and ordered the trial to begin.
The court also fixed July 19 for recording witness testimony.
Acting Judge Mosaddek Minhaj of the First Additional Metropolitan Sessions Judge Court of Dhaka passed the order. According to court sources, defense lawyers sought discharge of the accused, while state prosecutors opposed the plea. After hearing both sides, the court rejected the discharge petitions and framed charges.
The accused facing trial are Md Mahmud Hasan Mahin alias Mahmudul Hasan (Mohin), Md Tarek Rahman Robin, Md Titon Gazi, Md Alamgir, Md Monir alias Lomba Monir, Md Sajeeb Bepari, Md Nanu Kazi, Md Rizwan Uddin alias Abhijit Basu, Md Zahirul Islam, Sagar, Md Ruman Bepari, Md Abir Hossain, Md Parvez, Md Zahirul alias Jalil, Md Imran, Md Sharafat alias Shafiul Islam, Md Ziauddin Rajib, Md Hossain Chowkidar, Md Sarowar Hossain Titu, Md Mangal Mia alias Monir Hossain and Apu Das.
Among them, the first 10 are in jail and three others are on bail granted by the High Court. The remaining eight accused remain absconding.
Investigating officer Md Nasir Uddin told Dhaka Tribune on Sunday: “The charge sheet took time because of inconsistencies in the names and identities of the accused. The trial of 21 accused has begun today (Sunday).”
Regarding allegations that absconding accused are issuing threats, he said: “Operations to arrest the absconding accused are continuing. The victims can seek police assistance. The police will provide them with security.”
Why does the trial take so long to begin
Although the investigation was completed and the charge sheet was submitted on December 8 last year, the court identified inconsistencies in the names, identities, spellings and other factual information of the accused and ordered further investigation.
The investigating officer was later changed for the supplementary investigation. After a supplementary charge sheet was submitted in June this year, the court accepted it.
On June 21, the case was transferred from the Chief Metropolitan Magistrate Court of Dhaka to the First Additional Metropolitan Sessions Judge Court of Dhaka for trial. The trial formally began on July 12.
The complainant's counsel, Supreme Court lawyer Ziaul Haque, told Dhaka Tribune: “The trial of 21 accused has begun. At that time, the government announced that the case would be sent to a speedy trial tribunal, but that has not been implemented.”
He added: “Considering the victim's family, the government should send the case to a speedy trial tribunal. That would make it possible to complete the trial quickly.”
On the delay in starting the trial, he said: “When the charge sheet was submitted to the court on December 8 after the investigation, the court did not accept it because of inconsistencies in the names and identities of the accused. The court accepted the supplementary charge sheet after it was submitted in June this year.”
Regarding threats against the victim's family, Ziaul Haque said: “The wife and children of the deceased Sohag are receiving phone calls threatening them to withdraw the case. They are living in insecurity. The court and the police have been informed about the threats, but they have taken no action.”
What the family says
Sohag's family alleges that several absconding accused returned to the area after the recent parliamentary election and are moving around openly. They also allege that family members have been threatened and pressured to withdraw the case.
The victim's niece, Bithi, told Dhaka Tribune on Saturday: “Imran, who was directly involved in the murder, has changed his father's name and his age. He comes in front of the shop and regularly threatens to kill us.”
She alleged that Imran threatened the family, saying: “The way we killed your uncle, we will kill all of you too and put you in sacks. Be ready.”
Bithi said her mother, identified as Sohag's elder sister and the plaintiff in the case, Manjuara Begum, became mentally devastated after Sohag's death.
She added: “My father and I are now running my uncle's shop. Imran demanded several lakh taka in extortion from my uncle. When my uncle refused to pay, he was killed.”
Regarding another accused, she said: “Titu, the No 2 accused in the case, has still not been arrested. He regularly threatens my uncle's son, daughter and me online and over the phone.”
She further said: “The police cannot avoid responsibility for murder case accused moving around openly. We want to live. We want security from the state.”
Expert's view
Professor Dr Omar Faruk of the Department of Criminology and Police Science (CPS) at Mawlana Bhashani Science and Technology University (MBSTU) said inconsistencies in the first investigation report contributed to delays in the trial process.
He said: “Time was lost in submitting the supplementary charge sheet because inconsistencies in the names, identities, spellings and factual information of the accused were found in the first report. In addition, there were changes to the accused's father's name and age.”
He added: “There was negligence on the part of the investigating officers. They cannot avoid this responsibility.”
Regarding the absconding accused, Omar Faruk said: “The police also cannot avoid responsibility if murder case accused are roaming openly. If this continues, the crisis of public confidence in the justice system will deepen further.”
He further said: “An investigation should be conducted against the officials responsible for the delay in submitting the investigation report to the court, and action should be taken against them. The state is also responsible for ensuring a speedy trial and providing security to the complainant's family.”
Background of the murder
At around 6pm on July 9 last year, a group of assailants repeatedly struck Sohag with stones and hacked him to death on Rajani Ghosh Lane beside Gate No 3 of Sir Salimullah Medical College Mitford Hospital. A video of the incident later spread on social media.
The following day, July 10, Sohag's elder sister, Manjuara Begum, filed a murder case with Kotwali Police Station against 19 people.
Sohag was the son of Yusuf Ali Hawlader of Purba Namabari village under Keraniganj Model Police Station and had operated a scrap business on Rajani Ghosh Lane in the Mitford area for many years.
