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Jail Killing Case Verdict

IO hits back at criticism

Julfikar Ali Manik
Denying allegations of gross flaws in probing Jail Killing Case, Investigation Officer (IO) Abdul Kahar Akand yesterday put the blame on the state side saying he did not get full co-operation from the prosecution after the change-over in state power in 2001.
A day after the judge delivering the verdict accusedhim ofmaking a 'farcical investigation,' Kahar said he had done his job with sincerity. "It is the state counsels who lacked sincerity and were reluctant to take my assistance."
"The public prosecutor did not do what was necessary for a proper prosecution in such a very
special case," he told The Daily Star overphone.
"Since investigation officers play a significant role in a trial, the state side always tries to make their best use during the whole trial process. But unfortunately it did not happen in my case. I was transferred and later sent to forced retirement," Kahar said.
Kahar, an assistant superintendent of police at the Criminal Investigation Department (CID) who was given the charge of IO in the case in August 1996, was transferred to Barisal in October 2001 immediately after the alliance govemmentassumed office.
He was sent to forced retire
SEE PAGE 11 COL 1 FROM PAGE 1 ment a year later.
"I would have helped the prosecution if I were in Dhaka. Even after my retirement, the state side could have taken my help. But I was kept away and they did not keep me involved in the case," the former CID officer alleged.
"The witnesses make their statement first to the IO and then before court. If the IO is present during their depositions, it helps trial," Kahar said. "Even I did not get co-operation during my deposition as IO of the case."
Asked whether he was transferred and sent to forced retirement for the change in the government, he said, "There might be political reasons behind it."
A Dhaka court Wednesday sentenced three to death and awarded life imprisonment to 12 for killing Syed Nazrul Islam, Tajuddin Ahmed, M Mansur Ali and AHM Qamaruzzaman who led the Bangladesh government in exile during the Liberation War.
While pronouncing the verdict, the judge of the case blamed the IO for faulty investigation and said all the killers of the four national leaders could not be awarded capital punishment due to his (IO) negligence.
After the long-awaited judgement Public Prosecutor Abdullah Mahmood Hassan also said there was severe weakness in the investigation process and the verdict might have been tougher had the IO not acted on his whims.
Kahar began to investigate the case on August 18, 1996, a day after receiving green signal from the then home ministry. He submitted chargesheet on October 15, 1998.
The investigation officer denied all the accusations against him and said, "I conducted the probe with utmost sincerity and impartiality, consulting the then PPs and state counsels."
Talking on the judge's observation about flawed investigation, he said, "It is unlikely that an IO would be able to perform his duties smoothly 21 years after an incident."
"If there were such flaws in my investigation, how could the court
award death sentence to three and life term to 12 on the basis of such a probe?"
On the judge's observation that he has blackened the image of the police administration, he said, "If my investigation was flawed, why the court did not order a fresh probe?"
"Although the killings took place in November 1975, the investigation could not be launched until October 1996 for the Indemnity Ordinance. Moreover, there were attempts to destroy evidence of the case during the long period," he said.
On his failure to produce the original copy of the FIR (first information report), he said, "I tried to collect it but did not find it in the court, at the police station or at the office of Superintendent of Police. Where else could I find it?"
"I informed the court about all these," said the former CID officer. "Despite all the difficulties I collected some documents and submitted to the court."
On why jail officers and security personnel who were on duty during the killings were not charge-sheeted, he said, "I would not comment on this. They appeared before the court and gave their statements describing the situation during the incident."
Kahar did not make any comment on court's observation that he failed to prove the 'conspiracy' behind the murders and did not submit a map of Bangabhaban, where the alleged conspiracy had taken place.
Replying to the allegation of implicating some people falsely on political grounds, he said, "I submitted charge-sheet against all on the basis of evidence, nothing else."
Asked to comment on the announcement of ruling party lawmaker KM Obaidur Rahman, who was acquitted, of filing a case against him for 'falsely implicating' him (Obaid) in the case, the former CID officer said he had nothing to say about it.
Talking on the judge's observation that Kahar was a supporter of a political party despite being a government officer, he said, "I was never involved in politics."