The order of Home Ministry about withdrawal of charge in a case under
Arms Act against Limon Hossain, the college student who used to work
in a brick kiln to bear his educational expenses, accepted by the
Jhalakathi trial court after 857 days of the maiming by Rapid Action
Battalion.
Limon was allegedly maimed by RAB shooting in the leg after taking him
to a place adjacent to his house at Jamaddarhat in Rajapur Upazila of
Jhalakathi on March 23, 2011.
Advocate Abdul Mannan Rasul and M Alam Khan Kalam, public prosecutor
and additional public prosecutor of Jhalakathi, on Tuesday said trial
against other 7 accuses would be continued by prosecution.
Court, prosecution and defence lawyers sources said the letter from
Home Ministry sent on July 9 to withdraw charges against only Limon,
one of the 8 accuses in both cases, reached Jhalakathi deputy
commissioner office on July 16 and duly informed to PP and APP and
related courts of Jhalakathi.
Accordingly the prosecution on July 21 appealed before the special
tribunal-2 and chief judicial magistrate courts to withdraw charges
against Limon in both cases as per government decision.
The special tribunal-2 fixed the date of hearing about withdrawal of
charge against Limon in GR-45 (tribunal case no.-9/11) lodged under
sections 19(A) and 19(F) of arms act against Limon on July 29.
After hearing Kiran Sangkar Haldar, judge of the tribunal, acceptingthe appeal of the prosecution, ordered to drop the charge against
Limon on Monday afternoon after long 2 years and 4 months and 7 days.
Limon and his mother Henoara Begum, defense lawyers Nasiruddin,
Nasimul Hasan,Manik Acharya, Akkas Hossain, Hasan Shikdar were present
in the court room during hearing and passing of the order about
persecution appeal.
After the court order Limon and his mother thanked the media, human
rights activists, and the government also, for dropping charges
against Limon, but demanded punishment of the RAB personals that
tortured and lamed Limon.
Henoara Begum, mother of Limon said none could compensate torture on
Limon, amputating an organ form his body, harassments of family
members. Henoara Begum said she will continue her fight for justice
against the six RAB personnel accused in her case lodged on April 10,
2011 for attempt to murder, severe injury and maiming her son.
Police on August 14, 2012 secretly filed final report of the case
lodged by Henoara claiming that they found no evidence and witnesses
against RAB.
However complainant of the case and mother of Limon filed ‘no
confidence (Naraji)’ against the final report of police on August 30,
2012.
Jhalakathi senior judicial magistrate on February 13, 2013 rejected
the ‘no confidence (naraji)’ prayer against acquitting six members of
RAB accused for attempt to murder and maiming Limon.
Hearing of revision prayer against rejecting the Naraji fixed as
August 13, 2013 with Jhalakathi district and session judge court. The
lawyers of Limon said now it is the duty of the state to find out that
who and why Limon was maimed by shooting and punish the guilty law
enforcers, rehabilitate Limon to restore the human rights defending
image of the government and the elite forces.
The defence and prosecution sides said appeal for withdrawal charges
against Limon in another case no. GR-46 lodged by RAB for obstructing
official duty, making attempts to murder and injuring RAB personnel,
would be heard on August 18, 2013.
The hearing was delayed as the chief judicial magistrate of Jhalakathi
has been transferred recently and acting CJM and senior judicial
magistrate has no jurisdiction to hear such appeal.
The prosecution layers also said Home Ministry not ordered to withdraw
GR cases no. 45 and 46, but only asked to drop charges against Limon,
who is third of the same eight accuses in those two cases and so trial
against other 7 accused will continue. RAB lodged the two cases after
shooting Limon against him and 7 others on March 23, 2011 with Rajapur
police station. Sub Inspector Ariful Islam, investigation officer,
submitted charge sheets of GR.45 and GR-46 cases on April 24, 2011 and
July 1, 2012.
In those two cases Limon, 16 at the time of occurrences, was charge
sheeted under juvenile crime prevention act separately and seven
others Morshed Zamaddar, Hatu Mizan, Zamal, Jahangir, Halim Zamaddar,
Labu Zamaddar, Sumon, members of local terrorists ‘Mizan-Morshed’ gang
under different sections of penal code. – Our Correspondent
