Dhaka, Oct 11 (Just News): In chilling tone a former judge of a Dhaka court describes how he has been threatened to life as he denied an executive directive to hand down an order convicting a main opposition leader of Bangladesh.
Former Judge of the Dhaka Special Judges Court-3, Motahar Hossain has recently disclosed the horrific details about how he was threatened on gun point that eventually forced him to flee from Bangladesh.
Judge Mr. Motahar’s account is the second blow, following the revealing book of forcefully ousted Chief Justice of Bangladesh Mr. SK Sinha; to Sheikh Hasina detailing how the judiciary is forced to obey the executive orders beyond questions.
Judge Mr. Motahar’s unfortunate event unfolded as he disrespected to read out a verdict on Tarique Rahman, acting chairman of Bangladesh’s largest political opposition party BNP, on a money laundering charge. The country’s the then Law Secretary Jahirul Haque Dulal, beyond the judicial norms, wrote a court order that sentenced the opposition leader and forced the judge from the executive authority to hand down the verdict.
Finding not an iota of evidence to convict Mr. Tarique Rahman, as not a single witness mentioned Tarique Rahman’s name during the proceedings of the case; Judge Mr. Motahar decided to give his own verdict and acquitted the opposition leader on November 17, 2013.
Judge Motahar’s shocking details become phenomenally viral over social media as he was seen interviewed by a media.
There was no evidence against Tarique Rahman in the case, said Motahar. “This case was only a trial to harass Mr Tarique Rahman politically, nothing but this is the only reason to file his name. No fair evidence, statement or confession of plaintiff was proved authentic to try him in the case. A supplementary charge sheet was filed against him ignoring all these matters”, added the former Judge.
“Previous judge of this case made a charge sheet of it, later I was appointed to conduct the trial of this case. After taking the charge, I found no evidences to make conviction against Tarique Rahman after studying all documents of the case. But I continued my trial process. No evidence against the defendant was found and no witness made complains. So how is it possible to deliver a verdict accusing a defendant? A defendant, no matter who he/she is, cannot be punished through an unfair way, our law denies it”, continued Mr. Mothahar.
Former chief justice ABM Khairul Haque also influenced in the trial process with Law Secretary to deliver a verdict against Tarique Rahman, said the former judge.
Motahar said, “Being informed about my stand for justice, Law Secretary Dulal appointed DGFI members behind me to spy. He (Dulal) tried creating pressure on me one after another by former State Minister for Law (Qamrul Islam). Law Secretary Dulal took me to DGFI office, then at former chief justice ABM Khairul Haque’s residence. Khairul Haque put pressure on me to close the case procedure as early as possible and deliver a punishment verdict. I assured him to finish the trial as early as possible and told him the case will continue as per the law.”
“Then they (State Minster for Law, Law Secretary) took me to DGFI Chief. Major General Akbar in his first comment said Prime Minister Sheikh Hasina directed me to supervise the case. This is my duty to oversee the case. You will take attention in this case. State Minister for Law Qamrul Islam and Law Secreatry Dulal repeated their words one after another that Mr Tarique Rahman should be punished, must be punished, no acquittal for him. I replied I will give the verdict as per the law and will give justice.”
About the death threat former judge Motahar said, “Dhaka District judge Abdul Majid and Dhaka Metropolitan Sessions judge Johirul Islam came to my office two days after the meet with DGFI chief. Quoting Law Secretary Dulal, they said you will face a dire sequence if fail to deliver punishment in the case. What loss will be happened, I asked them? In reply they said “If you give acquittal to Tarique Rahman in the case, you will be kidnapped, forcefully disappeared when you leave the chamber, nobody of your relatives will be able to trace your body even. They kept continue to pressure on me but I didn’t bother it.”
The former judge added, “On Friday they (detective, DGFI members) took me at judge Ashis Ranjan’s house. Law Secretary Dulal and Chief Metropolitan Magistrate of Dhaka entered the room where I sat after two or four minutes. They show me four pistols and started to load bullets in it. They said there are eight bullets inside the pistol. You will be hit if we press the trigger of it. Now tell us what will be the verdict of Tarique Rahman’s case. I and the judge were afraid at that moment. Law Secretary Dulal threatened one after another to give a verdict against Tarique Rahman. He (Dulal) said, if you do not punish or give jail terms for Tarique Rahman in the case, or give acquittal to him, no one will be spared from me. Then I said ‘Sir, there is no evidence against Tarique Rahman. No witness even mentioned his (Tarique Rahman) name. How can I hand down punishment? I am not able to write this kind of verdict.’ Then Dulal asked the judge Ashis what to do. I asked the judge sir, you write the verdict, I will see it. He said no. This is the verdict of Motahar Hossain, he will write this.”
“Law Secretary Dulal not only create pressure to victimise Tarique Rahman in a farce verdict but also wrote the verdict for court to deliver it”, continued former judge Motahar Hossain.
He said, “Detective members took me to my house. Law Secretary Dulal ordered me to write the verdict by tomorrow. A typist will be provided and after completing verdict typing it will be brought to the judge house by me on Saturday afternoon (16 November). He ordered to convict Tarique Rahman in the verdict. Members of the detective branch took the verdict from me and handed it over to Law Secretary. The next day was Sunday, the day of the verdict. In the morning detective members handed over a verdict to me which was written by the Law Secretary. I said, “He (Dulal) only deliver the conviction in verdict but there is no reason behind it. No evidence, no confessions of plaintiffs, a conviction without documents that cannot be happened. Then law enforcers took me to court for delivering the verdict from my house”
“In my chamber, I have always delivered justice according to the law. I have never delivered any verdict in a case without basis, evidence or plaintiffs in my 29 years of professional career. No matter who he/she is, I cannot deliver him/her punishment. I pronounced the verdict applying my ethics, morality, observing the evidence and law. Tarique Rahman was completely innocent. I found no evidence against him and declared him acquitted. I went to hiding after taking four days leave as there were threats of killing and disappearance against me. I left the court secretly in presence of hundreds of police at court.”
About the plot of kidnapping judge Motahar said, “A daily published news about the acquittal and denying of punishment during the verdict in the case. On Monday the situation seems to be clam. I was observing the situation of Dhaka and back in the city four days later. There were 13 days remaining of my retirement from the post. In a meeting held at Law Ministry, they made a plot to kidnap me during the day of my retirement. They sat three times in the meeting to make the plot; a source of the ministry informed me the matter. I left my office and house and went to hide before the fixed date.”
No judges in the country are free to deliver the verdict as per rules of law, said the former judge, adding, “Law Secretary Dulal wrote a verdict against Tarique Rahman. I took the challenge and ignored his verdict with a brave heart. But present judges have no scope to deliver verdict freely. Firstly, the verdict will be written then it will be handed over to DGFI office. Then they will order the judge to read out the approved verdict at court. Judges have no scope to deliver their verdict after analyzing plaintiffs, defendant’s statements or as per the law. Not only lower court judges but also the high court judges have no power to do justice specialy in political cases. Look, they are (judges) spied and surrounded by detective members. His/her home is under scanner. Though the judge write verdict but it must be approved by Prime Minister Sheikh Hasina. And Law Secretary hands it over to Prime Minister for the approval. Without maintaining this procedure, a judge has no capacity to deliver a verdict.”
Law secretary Dulal is interfering in judiciary system alleged judge Motahar. He said, “All judges are in fear now. No one is thinking about justice, no tension about rules of law. They are obeying the orders of Law Secretary and delivering verdict, remand as per it. Innocent peoples are becoming victim of remand. No justice, rules of law in the country. Where former the chief justice is deprived of justice there; who am I as lower court judge. So, there is no scope of justice for political opposition or any other people during the tenure of this current government.”
Judge Motahar denied the accusation of corruption against him.
He said, “I heard ACC investigated against me. I have luxury apartment in London, some media reported. Newspaper reported I am a millionaire. But the ACC secretary in an interview with a newspaper said that there is no evidence of corruption against me.”
Judge Motahar expressed his firm stand for establishing rules of law during his career.
He said, “I did the justice applying my ethics. I am son of a Muslim family. I can swear with the name of Allah, I never accepted any one’s intervention, ignored all threats. I battled whole of the life, pronounced the verdict took the life at risk. Law, justice, accusation against the defendant and authenticity of it always get priorities to me. Why I will convict anyone if he is not guilty? No honest man can do it. I also don’t.”
(Justnews/ys/2355hr)
