10-truck arms haul case verdict on 30th January

Home State Minister Lutfuzzaman Babor (2004)

.Judge of Chittagong Metropolitan Special Tribunal-1 SM Mujibur Rahman is expected to deliver the verdicts .

The verdicts in two cases in the sensational 10-truck arms and ammunition recovery of April 2, 2004 will be delivered tomorrow.   Judge of Chittagong Metropolitan Special Tribunal-1 SM Mujibur Rahman is expected to deliver the verdicts, said court sources.Kamal Uddin Ahmed, public prosecutor (PP) of the Chittagong Metropolitan Court, said they expected the highest punishment to the accused in the cases as they could prove the allegations against them.

ULFA chief Paresh Barua

On April 2, 2004, the police seized 4,930 types of sophisticated firearms, 27,020 grenades, 840 rocket launchers, 300 rockets, 2,000 grenade launching tubes, 6,392 magazines and 11,40,520 bullets when they were being loaded on to 10 trucks from two engine-boats at the jetty of the  Chittagong Urea Fertilizer Limited (CUFL) area.

Earlier, the same court on January 13 fixed the date for the much-awaited verdicts in the cases after completion of argument from both prosecution and defence sides.

Ahadur Rahman, the then Karnaphuli police officer-in-charge, filed the two cases – one under section 19 (A) of Arms Act and the other for smuggling under section 25 (B) of Special Power Act – on April 3, 2004 in connection with the incident.Ahadur, who was also the investigation officer of the cases, initially accused 43 people in the arms case and 45 others in the other case.

The cases were handed over to Criminal Investigation Department (CID) in Chittagong on April 26, 2004 when Assistant Superintendent of Police (ASP) Kabir Uddin was appointed as investigation officer.

CID ASP Kabir Uddin submitted the first charge sheets accusing 39 persons in the arms case on June 11, 2004, said the case documents. ASP Mir Nawsher Ali of the CID was later appointed as the third investigation officer of the cases.

ASP Nawsher submitted the supplementary charge sheet of the arms case implicating 43 persons on August 28, 2004 as then PP Abdus Sattar filed discontent petition before the court while the court framed charges against the accused on April 23, 2005.

He also submitted charge sheet in the smuggling case implicating 45 persons on November 9, 2004 while the court framed charges against the accused on November 30, 2004.After that the trial started on July 5, 2005 with the deposition of OC Ahadur but the trial continued till August 14, 2007.

A total of 31 prosecution witnesses in the arms case and 28 in the smuggling case were testified till then while Additional Public Prosecutor Humayun Kabir Rasel, a state-side lawyer, pleaded before the court on November 20, 2007 for further investigation into the two cases.

On February 12, 2008, during the tenure of the last caretaker government, the court of Metropolitan Session Judge ANM Bashirullan ordered further investigation into the cases.

The court in its order directed to investigate seven specific points in the further investigation.

ASP Ismail Hossain of the CID carried out the investigation as the fourth investigation officer of the cases but he failed to submit charge sheets even after extension of timeframe for six times.

On January 29, 2009, ASP Moniruzzaman was appointed as the fifth investigation officer after a court order to replace Ismail Hossain on an appeal by the state lawyer.Moniruzzaman on June 26, 2011 submitted supplementary charge sheets implicating 11 more persons including former industries minister Matiur Rahman Nizami, former state minister for home affairs Lufozzaman Babar. He mentioned 265 prosecution witnesses in the supplementary charge sheet.

Former directors general of the National Security Intelligence retired major general Rezzakul Haider Chowdhury and retired brigadier general Abdur Rahim, former NSI directors retired wing commander Shahabuddin Ahmed and retired major Liakat Hossain and field officer Akbar Hossain, former managing director of the Chittagong Urea Fertiliser Limited Mohshin Talukder and its former general manager AKM Enamul Haque, ULFA leader Paresh Barua and former Industries Secretary Nurul Amin were among the newly implicated persons.

Of the 11 Paresh Barua and Nurul Amin have been on the run while the rest are behind bars.

4 accused – Monir Ahammad, Yiakub Ali, Hazi Mohammad Ataur Rahman and Abul Kashem Modhu – had been dropped from the charge sheet as they died earlier.12 accused including ULFA leader Paresh Barua and Industries Secretary Nurul Amin are on the run in the arms case. 13 accused are on the run in the smuggling case. Of them 12 were also accused in the arms case.

In the arms case, 27 accused are on bail and 11 are behind bars while 28 are on bail in the smuggling case and 11 are in jail.

The court of Chittagong Metropolitan Special Tribunal-1 SM Mujibur Rahman framed the charges against the accused in both cases on November 15, 2009 while the trial started on November 29 in 2011.A total of 38 accused were examined under section 342 of Criminal procedure Code (CrPC) while 53 prosecution witnesses in the smuggling case and 56 in the arms case were testified.

Ahead of the verdict, the Chittagong Metropolitan Police (CMP) intensified security across the city especially in Chittagong Court Building and at the residence of the judge who will deliver the verdict, said Banaz Kumar Majumder, additional commissioner (crime and operation) of the CMP. The additional forces of Rapid Action Battalion (RAB-7) will also keep vigilance over the city including the court building and the area of the judge’s residence, said Mifta Uddin, commanding officer of the RAB-7.