High Court delivers split verdict

A two-judge High Court bench yesterday delivered a split verdict in a case filed for killing three law enforcers during a raid in the Passur River in Mongla upazila of Bagerhat in 2006.

The HC passed the judgment after hearing death reference of the case.

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Justice Md Nizamul Huq, a senior judge, acquitted all the 13 accused, who were convicted and sentenced by the lower court, saying that the allegations brought against them were not proved.

However, Justice Md Faruque, junior member of the bench, sentenced all the accused to life imprisonment, saying that allegations against them were found to be proved.

Justice Faruque commuted death sentence of six accused to life imprisonment and upheld the life imprisonment of seven others, Deputy Attorney General Moniruzzaman Rubel told The Daily Star.

Now, the judges will send the case along with the split verdicts to Chief Justice Surendra Kumar Sinha for a decision, and then the chief justice may assign another bench for its final disposal, he added.

According to the prosecution, a joint team of Rab and coastguards of Mongla (West Zone), acting on a tip-off, launched a drive in the river Passur on December 1, 2006 to arrest a gang of 15 to 20 robbers.

As Rab and coastguards challenged the gang, they opened fire, prompting the law enforcers to retaliate. At one stage, three members of the joint team boarded the boat of the robbers and scuffled with the gangsters.

During the scuffle, coastguard members MH Kabir and MA Islam and Rab platoon commander Md Kanchan fell into the river and went missing. The robbers jumped into the river and managed to flee. Bodies of the law enforcers were recovered from the river the following day. Deputy Additional Director (DAD) of Rab-6 Mohsin Ali filed a murder case with Mongla Police Station, accusing some unidentified people on the day.

Later on August 19, 2014, a Bagerhat court sentenced Rafiqul, Kuddus, Idris, Babul, Alkas and Ilias to death; and Reazul, Akram, Alam, Badsha, Jamal, Kamal alias Sumon, and Aslam to life imprisonment.

Only Ilias is now in jail, DAG Moniruzzaman said.