Prosecution seeks CID probe halt

The prosecution has moved the High Court seeking a halt to 'shadow investigation' by police's Criminal Investigation Department (CID) initiated at the court's order into Narayanganj's sensational multiple murder.

A joint bench of justices Md Rezaul Haque and Gobinda Chandra Tagore is scheduled to hear the plea Thursday.

On Apr 27, seven men, including Narayanganj City councillor Nazrul Islam and senior lawyer Chandan Kumar Sarkar, were abducted from the city. Their bodies were found floating on the Shitalakhyya River several days later.

Police's Detective Branch (DB) was ordered to investigate the killings by the High Court on May 5. The court had asked CID to investigate the matter alongside DB.

However, the prosecution filed a petition with the Appellate Division to stop the CID probe. During a hearing on it, earlier this week, the prosecution was advised to move the High Court with the plea.

On Wednesday, the court was scheduled to hold a hearing on an investigation report on the killings by the probe body formed at the court's order. However, the hearing was deferred.

Attorney General Mahbubey Alam said two High Court benches had issued separate orders on the matter. The first bench ordered CID to probe the multiple murders alongside DB.

According to him, it is "legally incorrect" to investigate a criminal case by two institutions as it will only "ruin" the judgment.

"It will only create confusion," the top lawyer said. "Coordination between the two bodies isn't possible and law does not approve it."

A judicial probe and a criminal investigation are on. "All we want to say is to task a single agency with the investigation," he said, adding they had not said anything about RAB's investigation.

"The prosecution filed an application over the matter. The 'Leave to Appeal' sought a single probe into the incident and stop CID's investigation," he said.

"DB has all the evidence. It produced the accused in court to give confessional statements.

"Let it investigate the case and relieve CID," Alam said.

Alam said he had verbally lodged a petition with the court on the issue earlier. He told the court that two chargesheets could not be filed on the same case.

The High Court had then told him that the DB would investigate the matter while the CID would conduct a "shadow probe".

After the Apr 27 abduction, councillor Nazrul Islam's family filed a case naming local Awami League leader Nur Hossain as the prime suspect.

Islam's father-in-law Shahidul Islam accused elite police unit RAB of taking Tk 60 million from Hossain to carry out the abductions and murders.

Although Hossain initially denied the allegations, he went into hiding after the seven bodies were recovered.

The then RAB-11 commander former Lt Col Tarek Sayeed Mohammad, former Major Arif Hossain, and former Lt Commander MM Rana were sent on forced retirement after the allegations were raised.

Police sought Interpol's assistance to bring Hossain back after learning that he had slipped into India.

Shahidul Islam claimed RAB had helped Hossain flee to Kolkata, an allegation the elite police unit denied. West Bengal police arrested Hossain on June 15.

The court ordered RAB to stay out of the case but the elite police unit formed a committee to find out the alleged involvement of its members in the crime.

The disgraced RAB trio issued confessional statements in court 'admitting' their role in the crime.

When asked if prosecution's appeal to halt CID probe would raise questions, the attorney general replied in negative.

Asked if the CID alone can be tasked with the probe, Alam referred to a High Court order which said the DB would investigate.

Excluding the DB from the process would only harm the investigation, he said.

Meanwhile, an investigation committee formed at the court's order filed its progress report at the attorney general's office on Tuesday.

Committee member Mizanur Rahman Khan said they identified the people behind the crime.

"We are trying to find out the motive and further information and evidence on those involved," he told bdnews24.com.