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Other Aug 15 killings pushed into oblivion

CHAITANYA CHANDRA HALDER
Criminal Investigation Department in 2002 gave final report in Sheikh Fazlul Haque Moni murder case and had it dismissed in secrecy, ignoring the legal bindings.
I\vo more cases that were filed aside from Bangabandhu murder case for the August 15 killings in 1975 were treated no better either during the BNP-Jamaat-led alliance rule in 2001-2006.
Of them, proceedings in Abdur Rab Semiabat murder case have been stayed by the High Court since 2002. The first additional metropolitan sessions judge’s court framed charges against 18 persons in the case towards the end of the previous ALrulein2001.
The other one, filed for death of 14 people in Mohammadpur, is pending with the fourth additional metropolitan sessions judge's court in Dhaka.
In Sheikh Moni murder case, neither the investigation officer nor the court concerned informed the complainant of the probe's fate.
The law says the IO in a case must notify the complainant before submitting the final report or charge sheet. On
receipt of the report, the court shall ask the complainant to appear before it and say if he has any objections to the findings.
Moni. nephew of Bangabandhu
Sheikh Mujibur Rahman and founding chairman of Awami Jubo League, was killed with his wife Arzu Moni in their Dhanmondi residence on August 15, 1975, the day a band of army men murdered Bangabandhu and most of his family.
His two sons--Sheikh Fazle Noor Thposh, now a ruling Awami League lawmaker, and Sheikh Fazle Shams Parash--survived the attack by hiding under bed.
Taposh was three years and eight months old and Parash around seven years.
The same day, Abdur Rab Semiabat, a cabinet member and Bangabandhu's relative, was killed in his Minto Road residence. Besides, 14 people died in mortar fire in Mohammadpur.
Four separate cases were filed for the August 15 bloodbath as the places of occurrence were different.
When AL left office in 2001, Bangabandhu murder case was awaiting the Supreme Court's judgment and Moni murder case under investigation.
The BNP-led four-party alliance, which came to power in October 2001, took no initiative to complete the cases during its tenure.
Things were particularly grim for Moni killing case. Within 10 months in office, the BNP government had it dismissed with the CID turning in final report.
Munshi Atiqur Rahman, former CID official and IO of the case, recently toldThe Daily Star he had informed the complainant about the final report.
Mohammad Shahabuddin, the complainant and a close aide to Sheikh Moni, however outnght rejected the claim.
"1 came to know about it after the pronouncement of tire final verdict in Bangabandhu assassination case on November 19," he added.
He said he was ready to file a petition with tire home ministry for reviving the case. He will decide on it after consultation with AL lawmaker Sheikh Fazlul Karim Selim and Moni’s son Taposh.
Munshi Atiq, then an assistant superintendent of police in CID. submitted the probe report on August 22, 2002. He dropped charges against all 30 accused in the case.
On December 30 that year, the chief metropolitan magistrate's (CMM) court in Dhaka accepted the final report and acquitted all the accused, without notifying the complainant, said sources.
Ln his report. Munshi Atiq said he had submitted it in consultation with the “higher authorities" and the public prosecutor.
He said he did not see any logic in continuing the investigation and pressing charges, as 18 of the 30 accused had already been convicted in Bangabandhu murder case.
Besides, three had died, and evidence had not been enough to bring charges against tire rest nine.
The 18 were Lt Col Syed Farooqur Rahman. Lt Col Sultan Shahriar Rashid Khan, Major Bazlul Huda, Major (lancer) AKM Mohiuddin Ahmed and Lt Col (artillery) Mohiuddin Ahmed, Lt Col Khandaker Abdur Rashid, Lt Col Shariful Haque Dalim, Lt Col SHMB Nur Chowdhury', Lt Col AM Rashed Chowdhury; Captain Abdul Mazed, Risaldar Moslehuddin Khan, Lt Col Abdul Aziz Pasha. cabuId Kisnm.teh6a. ■ Captain Nazmul Ansar. Major Ahmed Sharful Islam, Dafadar Marfat Ali Shah, ex-LD Abul Hashem Mridha, and former state minister for information Taher Uddin Thakur (died in February 2009).
Captain Mostafa, Risaldar Syed Sarwar Hossain and former president Khandaker Moshtaque Ahmed were the three who died during the course of the investigation.
The other nine were Major Firoz, Captain Shahid, Captain Naqib, risaldars Anwar and Jalil, Major Zobayer, Captain Nurul Haque, Captain Jahangir and Lt Hasan.
In the report, Atiq said the charges against 21 of the 30 accused including Khandaker Moshtaque were primarily proved. But he submitted the final report clearing them, as they had already been convicted in Bangabandhu murder case.
All the accused in Moni murder case were not indicted
in Bangabandhu murder case. And only 12 of them were found guilty in that case.
The IO got evidence against the 21 (excluding the three deceased), but he cleared at least six of them of the charges through die final report.
When he submitted the final report Bangabandhu murder case was pending with the apex court for final verdict.
It raises the question how he could clear Moni’s killers, citing their conviction in Bangabandhu murder case over seven years before the final verdict.
Arguing that all the accuser! came out of die cantonment with a common intention to commit the same offences, the IO said Moni murder case was indeed part of Bangabandhu iiiurderca.se.
But according to the CrPC, if the accused in two separate criminal cases are the same, they have to be tried separately as the place and time of occurrence and victims are different.
Advocate Mahbub Ahamad told The Daily Star that the submission of the final report in Moni murder case was illegal because the victims and the places of occurrence in the two cases were different.
When AL assumed power in 1996 and repealed the black indemnity ordinance, introduced by Khandaker Moshtaque and later incorporated in the constitution by Ziaur Rahman, two murder cases were filed in connection with the killings of Bangabandhu, Moni and families.
Shahabuddin filed a murder case with Dhanmondi Police Station after 21 years of the incident, accusing Taher Uddin Thakur and 15 former and serving army officials on November20,1996.
Later, the IO of the case indicted 14 more people for suspected links with the murder.
Abdullah Mahmud Hassan, the then Metropolitan PR told The Daily Star that he gave opinion for submitting the final report as the accused and the witnesses in both the murder cases were the same.