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12 years on, still waiting for justice

STAFF CORRESPONDENT
After 27 hearings at the High Court (HC) Division and 21 at the Supreme Court (SC) Appellate Division, the Billal Hossain Bepari murder case filed more than 12 years ago is still awaiting verdict.
During the course of trial, six judges felt embarrassed, seven public prosecutors were transferred and nine of the 34 prosecution witnesses declared hostile. The case remained suspended ever since the SC stayed its proceedings on October 22, 1998.
The previous government decided in principle to withdraw the case, but later refrained from doing so following its home secretary's advice that the government should not shoulder the responsibility of withdrawing a murder case and that the accused will be released as the
case was false and intended for harassment.
After more than five years, the case finally looks set to resume after the SC vacated the stay order last week.
Titas Gas employee Billal died on July 9, 1992, after falling from the sixth floor of Titas Bhaban at Karwan Bazar. On the same day, the then general manager (vigilance) of the company filed a first information report (FIR) with Tejgaon Police Station. The following day, Billal's cousin SM Zillur Rahman went to the police station to file another FIR, but police recorded it as a general diary against 22 people.
Titas trade union leaders led by a close relative of Billal attempted to get some political gain out of the case. For eight days, they pre-
served his body at Birdem Hospital, brought out regular processions in the city and also held a demonstration with the body near the then home minister's house, at the National Press Club and Titas Bhaban.
Billal's relative, who lost to his rival Faruq Hasan Joardar in the Titas Gas CBA (Collective Bargaining Agent) election in 1988, allegedly tried to implicate Faruq in the murder case.
Police pressed charges against 34 people including plaintiff of the case and Faruq Joardar, but the HC later acquitted the plaintiff.
"An organised gang of dishonest Titas officials and employees, trade union leaders and some others involved in stealing gas are out to spoil my reputation as an honestFROM PAGE 12
leader," Faruq said, adding the gang was angered with him since he was vocal against their misdeeds.
"System loss was minimal when I was active in the CBA and the dishonest bunch united against me because they were marginalised," said Faruq, who was driven out by his rivals after the BNP (Bangladesh Nationalist Party) came to power in 1991.
Prime witness and security inspector MA Bashar was declared a hostile witness by the state after his statement to the court that accused Faruq Joardar was not in the office during Billal's death. Other witnesses said Faruq hacked Billal to death with a Chinese axe and his accomplices later threw the body from the sixth floor.
While hearing Faruq's bail petition, the SC twice mentioned that the post-mortem report did not indicate any injury by sharp weapons.
Billal's father-in-law Habibur Rahman, also a leader of Faruq's rival faction in Titas trade union, is moving for trial of the case. When The Daily Star contacted him last night, he declined to talk about the
case citing preoccupation with business at the office of BNP leader Mosaddeq Ali Falu.
On September 25, 2002, assailants gunned down Mohsin Reza Chowdhury, a Titas supervisor and a murder witness, at Jurain.
Tofael Ahmed Chowdhury, president of pro-BNP Titas Gas Labourers and Employees Union, filed a case against 18 naming Habibur Rahman as the prime accused.
But on June 24 last year, Investigation Officer Shamsul Arefin of the Detective Branch pressed charges against five people including Faruq Joardar and four Shyampur locals. None of the five are among the 18 accused named in the case.
The plaintiff later filed a naraji (no confidence) petition, but the court rejected it and accepted the chargesheet.
On January 21, the plaintiff filed a revision case with the Metropolitan Sessions Judge's Court and the court stayed proceedings of the case. But on February 29, the government made a gazette notification for trial of the case at Speedy Trial Tribunal-4.