Such an old case cannot go on for so long: Sohel Chowdhury murder trial judge after verdict

The Dhallywood actor was shot dead in Banani in 1998

A judge has expressed anger that the trial of Dhallywood actor Sohel Chowdhury's murder case took more than two and a half decades.

“Every soul wants justice for murder. Such an old case cannot go on for so long,” Dhaka Second Speedy Trial Tribunal judge Arunabh Chakraborty said on Thursday after delivering the verdict in the case filed in 1998.

He sentenced businessman and film producer Abdul Aziz aka Aziz Mohammad Bhai, Trumps Club owner Afaqul Islam alias Bunty Islam and Adnan Siddiqui to life in prison. All three of them are absconding.

The remaining six accused in the case, Salim Khan, two top terrorists Sanjidul Islam Imon and Ashish Roy Chowdhury alias Bottle Chowdhury, Tariq Saeed Mamun, Haroon Or Rashid alias Leather Liton alias Boss Liton and Farooq Abbasi were acquitted.

"Sohel Chowdhury was not an ordinary person. Most of the state's witnesses tried to save themselves during testimony. Many of them were biased,” the judge said.

“Bunty Islam owns Banani's Trumps Club, according to documents filed. And Sohell Chowdhury had a shoving and pushing episode with Aziz Mohammad Bhai over a past issue. It was said that the issue was settled, but actually it was not. It is proven that actor Sohel Chowdhury had a previous enmity with Aziz Mohammad while Bunty was on the spot.”

Mosleh Uddin Jasim, the lawyer appointed by the state for Adnan Siddiqui, said in his immediate reaction to the verdict that Adnan had given a confessional statement in this case, but the then magistrate Maksudur Rahman Patwari, who took the statement, did not appear in court to testify for the state.

“The confessional statement did not go on record as an exhibit. So this judgment cannot be against him (Adnan),” Mosleh Uddin said.

State-appointed lawyer Imamul Hussain Feroze also expressed dissatisfaction with the verdict on behalf of fugitive Aziz Mohammad Bhai.

“During the trial, no witness said who had shot Sohel Chowdhury. I will appeal to the High Court if my client contacts me,” Imamul said.

Kazi Abdul Matin, the state-appointed lawyer for Bunty, said he would also move the High Court if the convict contacts him.

Farooq Ahmed, the lawyer for acquitted Sanjidul, expressed satisfaction with the verdict and said: "As all the four investigating officers in this case died, not one of them could come to the court and testify during the trial. Although the witnesses in the case had given a statement under section 164, everyone knew what the outcome of this case would be. The judge found no ground to sentence my client in this case.”

Sanjidul was brought to the tribunal from prison for the verdict. The judge ordered his release if he had no other case against him.

Ashish Chowdhury, who was on bail, was also present in the court. He was released immediately. Four other fugitives who were acquitted had their earlier arrest warrants revoked.

Sohel Chowdhury was shot dead below Trumps Club at Abedin Tower in Banani on Dec 18, 1998.

His brother, Touhidul Islam Chowdhury, filed the murder case at Gulshan Police Station the same day.

Dhaka Metropolitan Police’s Detective Branch filed a chargesheet in court against nine persons, including Aziz Mohammad, on Jul 30, 1999.

Charges were framed on Oct 30, 2001 in Dhaka’s Additional Metropolitan Sessions Judge Court-3.

The case was subsequently transferred to Dhaka’s Speedy Trial Tribunal-2 in 2003 for quick disposal.

But Mamun, one of the accused, appealed to the High Court, seeking the quashing of the case. In response, the court issued a rule and stayed the proceedings in the trial court. The case remained pending as the rule was not disposed of for over a decade.

Trumps Club on the seventh floor of Abedin Tower next to Banani Jame Masjid was known to be a favourite haunt of youths in that upscale neighbourhood.

The case stated that Sohel Chowdhury and Aziz Mohammad had an altercation over a supposed female friend at the club a few months before the murder.

An agitated Sohel Chowdhury had apparently verbally abused Aziz Mohammad Bhai, possibly provoking an act of revenge that lead to the former’s killing.

He had tried to enter the club with his friends around 1am on the day of his murder but had been stopped at the entrance.

The actor made a second attempt to enter a little later, but Emon, Mamun, Liton, Farooq and Adnan allegedly shot him. Adnan was caught right after the murder.