Ex-state minister Babar, six others acquitted in 10-truck arms haul case

The High Court has acquitted Lutfozzaman Babar, a former state minister of home affairs under the BNP government, and six others in a widely discussed case of weapons smuggling involving 10 trucks.

It also reduced the sentence of Paresh Barua, a military commander of the Indian separatist organisation ULFA, from death to lifetime imprisonment.

Six other convicts sentenced to death by a judge’s court have had their sentences reduced to 10 years in prison.

The bench of Justice Mustafa Zaman Islam and Justice Nasreen Akter made the decision on Wednesday.

The court dismissed the death references for the convicts sentenced to death, approving their appeals, as well as those of other convicts.

Those acquitted are Babar, former NSI director general and retired major general Rezzakul Haider Chowdhury, former managing director of state-owned fertiliser factory Chittagong Urea Fertiliser Limited (CUFL) Mohsin Talukder, former general manager (administration) of CUFL AKM Enamul Haque, former Jamaat ameer Maulana Matiur Rahman Nizami, former acting industries secretary Nurul Amin, and former NSI director general brigadier general (retd) Abdur Rahim.

Nizami and Rahim have died, so the case against them has been dropped.

Those sentenced to 10 years in prison are former deputy director of NSI and retired major Liaquat Hossain, former director of NSA and retired wing commander Sahab Uddin Ahmed, former field officer of NSI Akbar Hossain Khan, ‘smugglers’ Hafizur Rahman and Deen Mohammad and smugglers' associate Haji Abdus Sobhan.

On Apr 1, 2004, a consignment of 10 trucks of weapons was seized from the CUFL Ghat in Chattogram. Two cases were filed at the Karnaphuli Police Station in the port city over the incident, alleging smuggling under the Arms Act and the Special Powers Act.

Then, on Jan 30, 2014, the Chattogram Special Tribunal gave its verdict in the case, sentencing former industries minister and Jamaat-e-Islami ameer Nizami, former state minister for home affairs Babar, ULFA leader Paresh and senior officers of two intelligence agencies to death.

In a separate case filed under the Arms Act, all the accused were sentenced to life in prison.

After the verdict of the trial court, the case documents - including the verdict - reached the Death Reference Branch of the High Court on Feb 6, 2014.

The convicts filed separate appeals in the High Court in 2014 against their sentences from prison.

On Nov 6, the hearing on the death reference (a part of the approval process for executing death sentences) and appeals of the convicts began.

Lawyers SM Shahjahan, Mohammad Shishir Manir and Advocate Mohammad Ahsan represented the accused.

Deputy Attorney General Sultana Akhter Ruby and Assistant Attorney General Md Asif Imran Zisan represented the state.

The High Court delivered its verdict on Sunday after hearing from both sides.