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Published : 04 Feb 2014, 07:11 PM
State counsel Asaduzzaman Khan Rochi on Tuesday told bdnews24.com that arguments, cross-examinations and hearing in the case will start all over again as a new judge has been appointed at the First Additional District and Sessions Judge Court.
Judge Khandaker Hasan Mahmud Firoz has replaced Judge Hosney Ara Aktar, said Rochi, an Additional Public Prosecutor.
Aktar’s transfer order was issued on Jan 29, a week after the date of verdict was set.
The prime accused of the case is former military dictator and Jatiya Party chief HM Ershad, who is now special envoy to Prime Minister Sheikh Hasina.
Judge Aktar on Jan 22 had set Feb 10 for delivering the verdict after arguments were completed.
Ershad had come for the hearing on that day in a government car.
Apart from him, two of four other accused - Maj (retd) Kazi Emdadul Haque, Lt Col (retd) Mostafa Kamaluddin Bhuiya were also present.
Prosecutor Rochi said, “Usually the hearing on arguments takes place again for delivery of verdict if the judge changes. The new judge then delivers the verdict.”
All the accused including Ershad are out on bail from the High Court. Legal proceedings against Lt Col Shams and Maj Gen (retd) Abdul Latif have been stopped by the High Court.
President Ziaur Rahman was assassinated by a group of soldiers on May 30, 1981.
Maj Gen Manzur was arrested by police following the murder.
According to the case details, Manzur was brought from police custody to Chittagong Cantonment by Maj Kazi Emdadul, where he was shot and killed on June 1, 1981.
Manzur was blamed for Zia's assassination in Chittagong.
His brother Barrister Abul Mansur Ahmed filed a case with Panchlais Police Station in Chittagong on Feb 28, 1995, 14 years after the murder.
Erstwhile Assistant Superintendent of Police Abdul Kahar Akand pressed charges against the accused.
But it took another 18 years for the case to reach a point of verdict due to the changes in government and time petitions by the prosecution.
Prime accused Ershad, in his defence, told the cour, the then government had announced on TV and radio a bounty of Tk 500,000 for the capture of Manzur, dead or alive.
He said he had nothing to do with his death.
“Angry men were trying to snatch away Manzur when he was brought to Chittagong Cantonment. The scuffle led security guards to open fire.”
“Abul Manzur was shot and injured at one point and he died while he was being taken to the hospital,” Ershad said.
The then Home Secretary Mahbubuzzaman who had testified before the investigation officer said Manzur was handed over to the army on the orders of President Abdus Sattar.
Ershad submitted a written statement to the special court in his defence on Oct 2, 2012. Maj Emdadul Haque also provided the court with a written statement after the case was filed.
A total of 28 people have testified including the case’s investigation officer Abdul Kahar and the army chief in 19996 Abu Saleh Muhammad Nasim.
