The High Court (HC) on Tuesday acquitted former state minister for home affairs Lutfozzaman Babar and four others who were sentenced to life imprisonment by a trial court in a case filed over the high-profile 10-truck arms haul in Chattogram in 2004.
With this acquittal, there is no legal obstacle for Babar's release from jail, Advocate Mohammad Shishir Manir, counsel for Babar, told reporters after the HC verdict.
The HC bench comprising Justice Mostafa Zaman Islam and Justice Nasrin Akhter delivered the verdict, clearing all legal barriers to his release from prison.
The case was filed under the Special Powers Act for the smuggling of firearms in 2004.
On 18 December last year, the same bench acquitted Babar and five others of a case filed under the Arms Act in connection with the 10-truck arms haul. The trial court had sentenced them to death in the case.
Advocate Shishir expressed hope that Babar, a senior BNP leader who was given life imprisonment in the Arms Act case, will be released as soon as the verdict reaches the prison.
The verdict acquitting Babar is likely to reach Dhaka Central Jail in Keraniganj by Tuesday, sources said.
Four other people who were also acquitted in the case are: Mohsin Talukder, former managing director of the state-owned Chittagong Urea Fertilizer Limited (CUFL); AKM Enamul Haque, former general manager (administration) of CUFL; Major General (retd) Rezzakul Haider Chowdhury, former director general of National Security Intelligence (NSI); and Nurul Amin, former acting secretary of the industries ministry.
Five people, including Paresh Barua, the military commander of the Indian separatist organisation ULFA, have been sentenced to 10 years in prison in the case. The High Court has quashed the case against four accused due to their deaths.
Others sentenced to 10 years in prison are former NSI director Wing Commander (retd) Sahab Uddin Ahmed, former NSI deputy director Major (retd) Liaquat Hossain, former NSI field officer Akbar Hossain Khan, and alleged smuggler Hafizur Rahman.
Those whose appeals were rejected due to death are former NSI director general Abdur Rahim, former Jamaat ameer Matiur Rahman Nizami, alleged smuggler Din Mohammad, and alleged smuggler's associate Haji Abdus Sobhan.
Earlier on 18 December last year, the High Court also acquitted Babar from the death sentence in another case filed under the Special Powers Act over the 10-truck arms haul.
On 1 April 2004, law enforcement officials seized a large cache of weapons while they were being unloaded at the CUFL jetty.
Ten trucks were required to transport the weapons, which had reportedly been smuggled via the Bay of Bengal and brought up the Karnaphuli River.
High-ranking officials and state intelligence agencies were accused of being aware of or involved in the smuggling. The trial began on 6 July 2005.
On 30 January 2014, Chattogram's Special Tribunal-1 sentenced the 14 individuals to death in the highly-publicised 10-truck arms haul case.
On 6 November this year, the hearing on the death reference and jail appeals against the verdict began.
Lawyers, including SM Shahjahan, presented appeals for Babar, former DGFI DG Rezzakul Haider, and other defendants, challenging their death sentences and jail terms.
Advocate Shahjahan said the charges in the case's first information report (FIR) were flawed, and the evidence insufficient, contending that punishing the defendants would be against justice.
Former Jamaat-e-Islami ameer Matiur Rahman Nizami was also sentenced to death in the case but was excluded after his execution in a separate war crimes case.
The same defendants received life sentences in a separate arms case, along with additional seven-year terms. Each convict was fined Tk 5 lakh as well.
