No reinvestigation in 21 Aug grenade attack case : SC

The Supreme Court’s Appellate Division on Thursday ruled that no reinvestigation is required in the 21 August 2004 grenade attack, expunging the High Court’s observation that had suggested a fresh probe.

The apex court also upheld the acquittal of BNP’s acting chairman Tarique Rahman, former state minister for home affairs Lutfuzzaman Babar, and 47 others in two cases linked to the attack.

A six-member bench, led by Chief Justice Dr Syed Refaat Ahmed, delivered the unanimous, dismissing appeals filed by the state against the High Court’s decision.

While upholding the acquittals, the Appellate Division raised concerns over the confessional statements of the accused, noting doubts about whether they were made voluntarily.

The court observed that the statements of three accused were recorded on a single day during the lower court trial, a practice it described as highly irregular.
The court highlighted multiple irregularities in the investigation and prosecution.

Confessions by several defendants, including Mufti Abdul Hannan, were deemed tainted by torture, recorded under questionable circumstances, and in some cases, obtained posthumously.
By expunging the High Court’s suggestion that the home ministry could conduct a fresh investigation, the Supreme Court directed authorities to release any remaining accused in custody.

During the hearings, defence lawyers SM Shahjahan and Mohammad Shishir Manir represented the accused, while Attorney General Md Asaduzzaman, Additional Attorney Generals Abdul Jabbar Bhuiyan and Barrister Aneek Rushd Haque, and Deputy Attorney General Abdullah Al Mahmud Masud argued for the state.
Following the verdict, Additional Attorney General Abdul Jabbar Bhuiyan stated that the state would decide whether to file a review petition once the full text of the judgement is published.

Defence lawyer Shishir Manir noted that the apex court declared the confessional statements inadmissible, highlighting that they were obtained through torture and without proper judicial oversight.
He added that Mufti Hannan, who was on death row, was taken from his condemned cell to record a second confessional statement under Section 164 – an act deemed legally unacceptable. “None of the other accused gave their confessions willingly. The High Court verdict acquitting them has been upheld,” he said.

“Before he could be examined under Section 342, his death sentence was carried out. It has been proven that the accused were not involved in the incident. We sympathise with the victims, but no one can be punished without evidence,” Manir added.

With the Supreme Court ruling, Tarique Rahman now faces no pending cases. At least 84 cases had been filed against him, but following the fall of the Awami League government, he was acquitted in all cases, and his sentences were quashed.
BNP Law Affairs Secretary Barrister Kayser Kamal described the verdict as proof of Rahman’s innocence, calling the earlier charges politically motivated.

Foreign Affairs Adviser Md Touhid Hossain said Tarique Rahman’s return to Bangladesh would depend on his own decision, and the government would facilitate travel documents or passport issues when required.

BNP acting chairman’s adviser on foreign affairs Humayun Kabir indicated that the next national parliamentary election schedule would be announced at year-end, suggesting Rahman may return between November and December.
Tarique Rahman, 57, has resided in London since 2008. He became BNP senior vice chairman in 2009 and acting chairman in 2018 following the imprisonment of his mother, former prime minister and BNP chairperson Khaleda Zia.

Since then, he has led the party remotely, attending meetings and rallies virtually. Speculation about his return intensified after his meeting with Chief Adviser Prof Muhammad Yunus in London in June this year.

The 21 August grenade attack occurred during an Awami League rally at Bangabandhu Avenue, Dhaka, killing at least 24 people and injuring many others.
Two cases were filed the following day – one for murder and another under the Explosives Substances Act.

A Dhaka court initially sentenced 19 people, including Lutfuzzaman Babar, to death on 10 October 2018, and awarded life imprisonment to 19 others, including Tarique Rahman.

Eleven others received varying jail terms. The High Court overturned these convictions on 1 December 2024, acquitting all 49 accused, leading to the state filing appeals in the Appellate Division. Hearings on the appeals began on 17 July and continued intermittently until 21 August.

LND/SAE