The case was not proven in any aspect: SM Shahjahan

In a significant development, the High Court has acquitted BNP’s Acting Chairman, Tarique Rahman, and other convicted leaders in the 21st August grenade attack case. 

The court canceled the trial court’s verdict, saying the trial process itself was illegal.

On Sunday, a High Court bench, consisting of Justice AKM Asaduzzaman and Justice Syed Enayet Hossain, delivered their ruling after hearing the death reference (for approval of the death penalty) and appeals in the case.

After the ruling, defense lawyer SM Shahjahan expressed his satisfaction with the court‍‍`s decision, saying, “We are thankful to the bench that has handled this case. We’ve received justice.”

He went on to explain, “The case was not proven in any way. 

Whether it is the evidence or the legal argument, it has not been established. 

The court mentioned that a confession made by one person cannot be used to convict others. A criminal conspiracy, as stated in section 120-B of the Penal Code, cannot be proven based only on one person’s confession.”

Shahjahan further explained that the first charge sheet was based on Mufti Hannan’s confession, but the court found no additional evidence to support the charges.

 The same issue arose with the second charge sheet, which also relied heavily on the retracted confession of Mufti Hannan. 

He pointed out that since Hannan had withdrawn his confession, no one should be convicted based on it.

Discussing the second charge sheet, Shahjahan said, “The court declared the second charge sheet to be completely illegal. According to the law, if new evidence is found, a supplementary charge sheet can be filed. 

But in this case, the second charge sheet came after a request by a government prosecutor. 

After that, when the Speedy Trial Tribunal ordered a new investigation, the magistrate didn’t accept it. Instead, it was sent directly to the Metro Sessions, where it was processed under section 193.”

He added, “The court pointed out that although the second charge sheet was filed, it could not be accepted because the process didn’t follow the legal requirements, specifically section 191-B.”

The grenade attack on the Awami League rally on 21st August 2004 resulted in 24 deaths and injured over 300 people.