UNB, Dhaka :
The High Court on Monday fixed November 23 for order on the plea for revoking the evidence before the trial court provided by prosecution witness (PW) Jodge Mia in the August 21 grenade blast case a decade ago.
After hearing from both sides on the revision petition filed by accused Ujjal alias Ratan, an HC division bench, comprising Justice M Abdul Hafiz and Justice M Ruhul Quddus passed the order.
On September 30, PW-104 Jodge Mia provided evidence before the trial court. Accused Ujjal moved the High Court as the trial court rejected his plea of
cancelling the evidence of Jodge Mia in the case. During the hearing, defence counsel argued that accused Jodge Mia made confessional statement before the magistrate under section 164 of the CrPC acknowledging his guilt in the commission of the crime. But the investigation officer (IO) dropped his name from the chargesheet considering his statement as tutored and false, said the defence counsel.
Later, the investigation officer while submitting the supplementary chargesheet mentioned Jodge Mia as a prosecution witness and accordingly he made evidence before the trial court, said defence counsel, adding that there is no record of making a prosecution witness in a case without declaring an accused approver.
The defecne counsel also alleged that the statement made by an accused before the IO under section 161 of the CrPC has been given priority in the case. But the statement under section 161 cannot surpass the statement recorded under section 164, contended defence counsel.
Opposing the defence arguments, state counsel said Jodge Mia was not made accused in the first chargesheet submitted to the court on June 9, 2008.
After accepting the supplementary chargesheet, the state counsel said, Jodge Mia got relieved of the charge as his name was dropped from it. “So Jodge Mia is no more an accused in the case and there is no legal bar for him to provide evidence as PW in this case,” said the state counsel.
Now the defence counsel has scope of cross-examining PW Jodge Mia, added the state counsel.
The grenade attacks on the Awami League rally on Bangabandhu Avenue on August 21, 2004 left 24 people, including Ivy Rahman, wife of late President Zillur Rahman, killed and over 200 others, including Sheikh Hasina, now the Prime Minister, injured.
Among others, Khandker Mahbub Hossain and AJ Mohammad Ali appeared for accused Ujjal while Attorney General Mahbubey Alam, assisted by Additional Attorney General Momtaz Uddin Fakir, for the state.
The High Court on Monday fixed November 23 for order on the plea for revoking the evidence before the trial court provided by prosecution witness (PW) Jodge Mia in the August 21 grenade blast case a decade ago.
After hearing from both sides on the revision petition filed by accused Ujjal alias Ratan, an HC division bench, comprising Justice M Abdul Hafiz and Justice M Ruhul Quddus passed the order.
On September 30, PW-104 Jodge Mia provided evidence before the trial court. Accused Ujjal moved the High Court as the trial court rejected his plea of
cancelling the evidence of Jodge Mia in the case. During the hearing, defence counsel argued that accused Jodge Mia made confessional statement before the magistrate under section 164 of the CrPC acknowledging his guilt in the commission of the crime. But the investigation officer (IO) dropped his name from the chargesheet considering his statement as tutored and false, said the defence counsel.
Later, the investigation officer while submitting the supplementary chargesheet mentioned Jodge Mia as a prosecution witness and accordingly he made evidence before the trial court, said defence counsel, adding that there is no record of making a prosecution witness in a case without declaring an accused approver.
The defecne counsel also alleged that the statement made by an accused before the IO under section 161 of the CrPC has been given priority in the case. But the statement under section 161 cannot surpass the statement recorded under section 164, contended defence counsel.
Opposing the defence arguments, state counsel said Jodge Mia was not made accused in the first chargesheet submitted to the court on June 9, 2008.
After accepting the supplementary chargesheet, the state counsel said, Jodge Mia got relieved of the charge as his name was dropped from it. “So Jodge Mia is no more an accused in the case and there is no legal bar for him to provide evidence as PW in this case,” said the state counsel.
Now the defence counsel has scope of cross-examining PW Jodge Mia, added the state counsel.
The grenade attacks on the Awami League rally on Bangabandhu Avenue on August 21, 2004 left 24 people, including Ivy Rahman, wife of late President Zillur Rahman, killed and over 200 others, including Sheikh Hasina, now the Prime Minister, injured.
Among others, Khandker Mahbub Hossain and AJ Mohammad Ali appeared for accused Ujjal while Attorney General Mahbubey Alam, assisted by Additional Attorney General Momtaz Uddin Fakir, for the state.
