Charge Framing Order
This is the text of the written charge framing order.
Today is fixed for order on charge framing.
Applications have been filed by several accuseds soliciting discharge.
Accuseds Mohammad Omar Faruk, K.M. Fazle Rabbi, Naimur Rahman Russel and Md. Sajjad Hossain have been produced from custody.
The remaining accuseds Sheikh Fazle Noor Taposh, Jahangir Kabir Nanak, Habibur Rahman, Biplob Kumar Sarkar, Pralaya Kumar Joarder, Md. Roushanul Haque Saikat, Sheikh Bazlur Rahman, Azizul Haque alias Rana, M. A. Sattar, Md. Tofail Siddique alias Tuhin, Md. Ismail Hossain, Asif Ahmed, Syed Hasan-Nur-Islam Rashtaran, Tarequzzaman Rajib, Md. Masudur Rahman Biplob, Mohammad Arifur Rahman alias Tuhin, Riaz Mahmud Hridoy, Zahir Uddin Ahmed alias Bicchu Jalal, Aiman Wasek alias Omik, Ahad Hossain Sohag, Md. Yunus, Md. Sentu alias Nur Mohammad Sentu, Mohammad Mainul Islam alias Palash, Md. Rubel Hossain alias Molla Rubel accuseds are at large.
(1) Learned Advocate Md Abul Hasan filed applications for discharge of accused Sheikh Fazle Nur Tapos (SL No. 1), Jahangir Kabir Nanak (SL No. 2), Habibur Rahman (SL No. 3), Asif Ahmed (SL No. 14), Sayed Hasan-Nur-Islam Rastron (SL No.15),
(2) Learned Advocate M. Hasan Imam filed applications for discharge of accuseds Pralaya Kumar Joarder (SL No. 4), Biplob Kumar Sarkar (SL No.5), Md. Roushanul Haque Saikat (SL No.6), Sheikh Bazlur Rahman (SL No. 8), Azizul Haque alias Rana (SL No. 9), and M. A. Sattar (SL No.10).
(3) Learned Advocate Md. Sifat Mahmud filed discharge application for accused Umor Faruk (SL No. 7)
(4) Learned Advocate Gazi Foysal Islam filed application seeking discharge of accused Naimul Hasan Rasel (SL No. 20),
(5) Learned Advocate Md. Khairul Islam filed discharge application for accused Md. Sazzad Hossain (SL No. 21) and
(6) Learned Advocate Jahid Hossain Munshi filed application soliciting discharge of accused K.M Fazle Rabbi (SL No. 24)
They claimed and contended
(1) that they are completely innocent and
(2) that they did not have any complicity in the acts complained of
(3) that they did neither use lethal weapons nor did order others for using the same,
(4) that hey did not hold any command status and as such cannot be held liable under superior command responsibly.
(5) that they did not play any role in the killing 1400 people and injuring 25,000 people of the July movement as alleged.
(6) that the prosecution could not make any prima facie case against them and
(7) that they have been implicated in the case baselessly and motivatedly
(8) that there is no evidence on the part of the prosecution in support of the allegations against them and
(9) that in the circumstances they deserve to be discharged from the accusations brought by the prosecution.
The learned defence counsel made submissions accordingly. On the other hand, the learned Chief Prosecutor urged that the contentions of the accused petitioners cannot now be resolved without holding trial.
It transpires that the grounds raised by the defence cannot be settled at this stage without considering the evidences through trial and thereupon the discharge applications are hereby disallowed.
In consideration of the formal charge and the documents submitted therewith, the submissions of the learned Chief Prosecutor, the discharge applications as well as the submissions of the learned defence counsels we find that there are sufficient grounds to hold trial of the alleged offences by framing charge and hence the following charges are framed against the accuseds.
Names and particulars of the persons Charged:
-
- Sheikh Fazle Noor Taposh.
Former Mayor, Dhaka South City Corporation. Address [redacted district: Gopalganj, presently residing at [redacted] Dhaka - Jahangir Kabir Nanak.
Former Member of Parliament, address: [redacted] Dhaka. - Habibur Rahman.
Former Police Commissioner, Dhaka Metropolitan Police, Dhaka, village: [redacted] District: Gopalganj. - Biplob Kumar Sarkar.
Former Joint Police Commissioner, Dhaka Metropolitan Police, Dhaka. Address [redacted] District: Kishoreganj. - Pralaya Kumar Joarder.
Former Additional DIG, Bangladesh Police, Police Headquarters, Office of the IGP, Dhaka, village [redacted] District: Netrokona. - Md. Roushanul Haque Saikat.
Former ADC, Mohammadpur Zone, Dhaka Metropolitan Police, Dhaka, address: [redacted] District: Tangail. - Mohammad Omar Faruk.
Attached Ansar member, former Mohammadpur Police Station, Dhaka Metropolitan Police, Dhaka, address [redacted] District: Chattogram. - Sheikh Bazlur Rahman.
President, Dhaka North City Awami League, residing at [redacted] Dhaka. - Azizul Haque alias Rana.
Organizing Secretary, Dhaka North City Awami League, address: [redacted] Dhaka. - M. A. Sattar.
Mohammadpur Police Station Awami League, residing at [redacted] Dhaka. - Md. Tofail Siddique alias Tuhin.
General Secretary, Mohammadpur Police Station Awami League, address: [redacted] District: Munshiganj, presently residing at [redacted] Dhaka. - Md. Ismail Hossain.
General Secretary, Jubo League, Dhaka North City, address: [redacted] District: Kishoreganj, presently residing at [redacted] Dhaka. - Asif Ahmed.
Former Councilor, Ward No. 33, Dhaka North City Corporation, Mohammadpur Police Station, Dhaka Metropolitan Police, Dhaka, residing at [redacted] Dhaka. - Syed Hasan-Nur-Islam Rashtaran.
Former Councilor, Ward No. 32, Dhaka North City Corporation, Mohammadpur Police Station, Dhaka Metropolitan Police, Dhaka, residing at [redacted] Dhaka; permanent address: [redacted] District: Sirajganj. - Tarequzzaman Rajib.
Joint General Secretary, Ward No. 33 Jubo League, Dhaka North City, and former Ward No. 33 Councilor, Mohammadpur, Dhaka, address: [redacted] District: Bhola, presently residing at [redacted] Dhaka. - Md. Masudur Rahman Biplob.
APS to former Member of Parliament Jahangir Kabir Nanak, address: [redacted] District: Cumilla, presently residing at [redacted] Dhaka. - Mohammad Arifur Rahman alias Tuhin.
Former General Secretary, Adabor Police Station Chhatra League, residing at [redacted] Dhaka. - Riaz Mahmud Hridoy.
President, Bangladesh Chhatra League, Dhaka Mohanagar North, address: [redacted] District: Shariatpur, presently residing at [redacted] Dhaka. - Zahir Uddin Ahmed alias Bicchu Jalal.
address: [redacted] District: Kishoreganj, presently residing at [redacted] Dhaka. - Naimul Hasan Russell.
President, Mohammadpur Police Station Chhatra League, residing at [redacted] Dhaka. - Md. Sajjad Hossain.
President, Mohammadpur thana Chhatra League, address: [redacted] District: Bhola, presently residing at [redacted] District: Dhaka. - Aiman Wasek alias Omik.
Former General Secretary, Mohammadpur thana Chhatra League, address: [redacted] Dhaka. - Ahad Hossain Sohag.
Joint General Secretary, Dhanmondi thana Jubo League, residing at [redacted] Dhaka, - K. M. Fazle Rabbi alias Mithun.
address: [redacted] District: Kushtia, presently residing at [redacted] Dhaka. - Md. Yunus.
address: [redacted] District: Barishal, presently residing at [redacted] Dhaka. - Md. Sentu alias Nur Mohammad Sentu.
President, Ward No. 33 Awami League, Mohammadpur, Dhaka, residing at [redacted] Dhaka. - Mohammad Mainul Islam alias Palash.
General Secretary, Ward No. 33 Awami League, Mohammadpur, Dhaka, residing at [redacted] Mohammadpur, Dhaka. - Md. Rubel Hossain alias Molla Rubel.
present address: [redacted] District: Dhaka.
- Sheikh Fazle Noor Taposh.
Charge 01
During the July 2024 mass movement, Sheikh Hasina issued directives to suppress the movement at any cost by use of lethal weapons. Such directives were implemented by the then Minister of Home Affairs Asaduzzaman Khan Kamal and the Inspector General of Police Chowdhury Abdullah Al Mamun, through their subordinate law enforcement agencies. In the commission of these offences the then Minister of Road Transport and Bridges as well as General Secretary of the Awami League, Obaidul Quader, along with other leaders of the Awami League, acting in accordance with the directives of Sheikh Hasina, and alongside, under the shelter of, and with facilitation from law enforcement agencies armed party cadres killed about 1400 people and also injured more than 25,000 people with a view to suppress the movement of the individuals. Such acts constituted crimes against humanity, being committed in a widespread, systematic and targeted manner.
Accused Sheikh Fazle Noor Taposh, nephew of Prime Minister Sheikh Hasina and Mayor of Dhaka South City Corporation, provided advice, incitement, and provocation to Sheikh Hasina to suppress the protests. As part of this, on 18/07/2024, accused Sheikh Fazle Noor Taposh (54) called Sheikh Hasina over phone and labeled the protesters as terrorists, and expressed support for the massacre carried out throughout the day on 18 July in Mohammadpur area and other parts of the capital by law enforcement agencies and Awami cadres, and advised her to intensify the massacre. In addition to that he incited Sheikh Hasina to deploy law enforcement forces in Mohammadpur area to arrest/detain and kill the unarmed and innocent student-civilians participating in the protest with lethal weapons from helicopter by locating them with drones.
Pursuant to the aforesaid conspiracy and directives of Sheikh Hasina and Sheikh Fazle Noor Taposh, accused Jahangir Kabir Nanak, member of the Presidium of Awami League and local Member of Parliament, provided regular instructions, incitement, and provocation via mobile phone and by being physically present, to local law enforcement officials and armed Awami League cadres under his control to suppress the protests. Accused Jahangir Kabir Nanak maintained regular communication via mobile phone with Prime Minister Sheikh Hasina, Home Minister Asaduzzaman Khan Kamal, DMP Commissioner Habibur Rahman, Additional DIG Proloy Kumar Joardar, DMP Joint Commissioner Biplob Kumar Sarker and ADC Roushanul Haque Saikat by receiving and providing directives.
Accused Proloy Kumar Joardar, Additional DIG, Police Headquarters, was excessively enthusiastic in the use of lethal weapons to suppress the protests. With a view to implement the directive of Prime Minister Sheikh Hasina to kill protesters by using lethal weapons, accused Proloy Kumar Joardar circulated the instructions via wireless message from Police Headquarters to the control rooms of all police units.
On 17 and 18 July 2024 the then DMP Commissioner accused Habibur Rahman issued instructions via wireless messages to use Chinese rifles to kill unarmed and peaceful protesters.
On 18 July 2024 accused Biplob Kumar Sarker, DMP Joint Commissioner (Operations), and accused Roushanul Haque Saikat, ADC, Mohammadpur Zone appeared at Mohammadpur Police Station and instructed law enforcement personnel to fire upon protesters with Chinese rifles. Moreover they collected 200 rounds of Chinese rifle bullets and 1800 rounds of shotgun bullets from the police station armory and used them against the protesters in Mohammadpur area on 18 and 19 July 2024.
Accused Roushanul Haque Saikat, ADC, Mohammadpur Zone, remained present in Mohammadpur area on 18 and 19 July 2024 and directly supervised and issued instructions in suppressing the protests.
In continuation thereof, on 18/07/2024, at about 12:00 noon, under command of Biplab Kumar and Roushanul Haque Shaikat the law enforcing agencies took position with Chinese rifle, shotgun, gas shell and sound grenade in front of Lalmatia Aarong, Manik miah Avenue, Dhanmondi Road No. 27 (old) and surrounding areas to suppress the anti-discrimination student-civilian protests.
On the same day, alongside law enforcement agencies, under the direction of former MP Jahangir Kabir Nanak, accused Sheikh Bazlur Rahman, Azizul Haque alias Rana, M. A. Sattar, Md. Tofayel Siddique alias Tuhin, Md. Ismail Hossain, Mohammad Arifur Rahman alias Tuhin, Asif Ahmed, Syed Hasan-Nur-Islam Rastron, Tarekuzzaman Rajib, Md. Masudur Rahman Biplob, Zahir Uddin Ahmed alias Bichchu Jalal, Riaz Mahmud Hridoy, Naimul Hasan Russell, Md. Sazzad Hossain, Aiman Wasik alias Amik, Ahad Hossain Sohag, K. M. Fazle Rabbi alias Mithun, Md. Yunus, Nur Mohammad Sentu, Mohammad Mainul Islam alias Palash and Md. Rubel Hossain alias Molla Rubel, along with approximately one hundred armed Awami League cadres, took position in Manik Mia Avenue area, in front of Lalmatia Aarong, Dhanmondi Road No. 27 (old), and surrounding areas from approximately 12:00 noon with various firearms including countrymade weapons. They also took position at Mohammedpur bus stand, on the road towards Basila, Nurjahan Road and the surrounding areas from 4.00pm with various arms and shot the unarmed innocent protestors indiscriminately.
On the other hand, on 18/07/2024, in response to the call of the anti-discrimination student-civilian movement to observe the “Complete Shutdown” program, from approximately 10:00 a.m., peaceful protesters assembled and demonstrated in Manik Mia Avenue area, in front of Lalmatia Aarong, Mirpur Road, Dhanmondi Road No. 27 (old) Mohammedpur bus stand, on the road towards Basila, Nurjahan road and surrounding areas.
Thereafter, from approximately 02:00 p.m., under the leadership of accused Biplob Kumar Sarker, DMP Joint Commissioner (Operations), and accused Roushanul Haque Saikat, ADC, Mohammadpur Zone, under the direction of former MP accused Jahangir Kabir Nanak, the law enforcement personnel about one hundred armed Awami League cadres including accused Sheikh Bazlur Rahman, Azizul Haque alias Rana, M. A. Sattar, Md. Tofayel Siddique alias Tuhin, Md. Ismail Hossain, Mohammad Arifur Rahman alias Tuhin, Asif Ahmed, Syed Hasan-Nur-Islam Rastron, Tarekuzzaman Rajib, Md. Masudur Rahman Biplob, Zahir Uddin Ahmed alias Bichchu Jalal, Riaz Mahmud Hridoy, Naimul Hasan Russell, Md. Sazzad Hossain, Aiman Wasik alias Amik, Ahad Hossain Sohag, K. M. Fazle Rabbi alias Mithun, Md. Yunus, Md. Sentu alias Nur Mohammad Sentu, Mohammad Mainul Islam alias Palash, and Md. Rubel Hossain alias Molla Rubel, indiscriminately opened fire on peaceful and unarmed protesters.
In consequence of said firing on 18/07/2024 at about 02:30 p.m. at Dhanmondi Road No. 27 (old) (currently Farhan Faiyaz Road), an innocent and unarmed protester, Mohammad Farhanul Islam Bhuiyan Farhan Faiyaz (17), an intermediate-class student of Dhaka Residential Model College, sustained a gunshot wound at his chest. He was taken to the City Hospital where the attending physician declared him dead. Moreover, one rickshaw puller named Mahin Miah was shot dead under foot overbridge on the road towards Basila at 9.50pm and another rickshaw puller named Md Rony was shot dead on Nurjahan road at about 12.30/1.00 hours (at night) and lot of protesters were grievously injured. They hacked protesters Sadid Rahman Sani (17) and Fatheen Mahtadi Taqi (17) with sharp weapons, sticks and rods.
Accused No. 1-2 Fazle Noor Tapos and Jahangir Kabir Nanok held superior command status over accused nos. 8-18, 20-23 and 26-27 and Accused no. 3 Habibur Rahman held superior command status over the accused nos. 4-7. But said accused No. 1-2 and 3 did not discharge their superior command responsibility by taking any preventive and/or punitive measures against accuseds 8-18, 20-23, 26-27 and 4-7. Rather they themselves as well had complicity in the alleged crimes.
By the acts described above, the Accuseds 1-3 committed crimes against humanity under section 3(2)(a), (g), (h), 4(1), 4(2) and 4(3) of The International Crimes (Tribunals) Act, 1973 punishable under sections 20(2) and 20A of the Act.
AND
Accuseds 4-28 committed crimes against humanity under section 3(2)(a), (g), (h), 4(1) and 4(2) of The International Crimes (Tribunals) Act, 1973 punishable under sections 20(2) and 20A of the Act.
Charge 02
As part of above described widespread, systematic and targeted attack upon the civilian population the aforesaid accuseds 1-6 and 8-28 alongwith accused Umor Faruk being equipped with arms took position at various places of Mohammadpur on 19-07-2024 from 10.00am to 8.00 pm and fired indiscriminately upon the peaceful and unarmed protesters and consequently in front of Mayur Villa in Mohammadpur small trader (hawker) Al Shahriar Hossain alias Rokon (23), in front of the second gate of the “Oriental Coven” residential building on Bashbari Road employee of Janani Parcel and Courier Service Md. Raju Ahmed (24), on Nurjahan Road Mohammadpur Model College student Mahamudur Rahman Shaikat (19), under the foot overbridge of Mohammadpur Bus Stand Basila-bound road Md. Jashim, in the vicinity of Allah Karim Jame Mosque Md. Ismail (17) and beside Mohammadpur Bus Stand Zobaed Hossain Emon (12) were shot dead and at least 9 protesters sustained serious gunshot injuries.
At no stage of commission of these heinous crimes the accuseds 1-3 having been at the superior command responsibility did take any measures against the other accuseds for preventing them from committing the said offences nor did take any punitive measures against them. Rather they themselves as well were participants in the said crimes.
In the manner described above, the accuseds 1-3 committed crimes against humanity under sections 3(2)(a), (g), (h), 4(1), 4(2) and 4(3) of The International Crimes (Tribunals) Act 1973 punishable under sections 20(2) and 20A of the Act.
AND
Accuseds 4-28 committed crimes against humanity under sections 3(2)(a), (g), (h), 4(1) and 4(2) of The International Crimes (Tribunals) Act 1973 punishable under sections 20(2) and 20A of the Act.
The charges have been read over & explained to the accuseds in dock and they were asked as to whether they would plead guilty or not whereto they pleaded not guilty and sought justice.
Accuseds Sheikh Fazle Noor Taposh, Jahangir Kabir Nanak, Habibur Rahman, Biplob Kumar Sarkar, Pralaya Kumar Joarder, Md. Roushanul Haque Saikat, Sheikh Bazlur Rahman, Azizul Haque alias Rana, M. A. Sattar, Md. Tofail Siddique alias Tuhin, Md. Ismail Hossain, Asif Ahmed, Syed Hasan-Nur-Islam Rashtaran, Tarequzzaman Rajib, Md. Masudur Rahman Biplob, Mohammad Arifur Rahman alias Tuhin, Riaz Mahmud Hridoy, Zahir Uddin Ahmed alias Bicchu Jalal, Aiman Wasek alias Omik, Ahad Hossain Sohag, Md. Yunus, Md. Sentu alias Nur Mohammad Sentu, Mohammad Mainul Islam alias Palash, Md. Rubel Hossain alias Molla Rubel Hossen have been at large and as such the charges could not be read over and explained to them.
Let 08.06.2026 be fixed for the opening statement and examination of the prosecution witness. Prosecution is directed to submit copies of all the documents it relies upon, for the purpose of furnishing the same to the defence, if, meanwhile, the same are not supplied to the defence.
The defence shall be at liberty to submit a list of witnesses along with the documents, if any, which the defence intends to rely upon, as required under section 9(5) of the Act on or before the date fixed.
The accuseds in dock be sent back to custody with direction for their production on the next date fixed.