The High Court bench assigned to hear and dispose of the death references and appeals of the much-talked about 10-truck arms haul case has recused itself.
The bench of Justice Bhabani Prasad Singha and Justice Md Kamrul Hossain Mollah recused themselves on Tuesday (Jan 8).
“Justice Bhabani Prasad Singha had presided over the 10 truck arms haul case for a few days when it was in the trial court,” Assistant Attorney General Nirmal Kumar Das told the media.
He added that Chief Justice Syed Mahmud Hossain assigned Singha to the case when he became a HC justice given his familiarity with the case.
Das said that the matter will now be forwarded to the chief justice, who will assign a new bench.
According to the Special Powers Act, 1974, if a special tribunal passes death sentence, the proceedings shall be submitted immediately to the HC division and the sentence shall not be executed unless it is confirmed by the HC.
In April 2004, police seized 10 trucks of weapons and ammunition from the state-owned Chittagong Urea Fertiliser Ltd (CUFL) jetty in Chittagong.
They seized around 1,500 wooden boxes containing submachine guns, AK-47 assault rifles, submachine carbines, Chinese pistols, rocket shells and launchers, hand grenades and bullets.
Two cases were filed under the Special Powers Act and Arms Act the very next day.
Almost after 10 years of probing, Chittagong Metropolitan Sessions Judge and Special Tribunal-1 Judge SM Mojibur Rahman awarded the death penalty to 14 people, including former state minister for home Lutfozzaman Babar.
The rest of the death-row convicts are- Jamaat-e-Islami chief Motiur Rahman Nizami, Indian separatist outfit United Liberation Front of Assam (ULFA) chief Paresh Barua, former DGFI director Maj Gen (retd) Rezzakul Haider Chowdhury, former National Security Intelligence director general Abdur Rahim, wing commander (retd) Shahab Uddin Ahmed, deputy director Maj (Retd) Liakat Hossain, NSI Field Officer Akbar Hossain Khan, CUFL Managing Director Mohsin Uddin Talukder, General Manager (Admin) KM Enamul Haque, former industries secretary Nurul Amin, owner of arms trawler Haji Sobhan, smuggler Hafizur Rahman and Deen Mohammed.
Lutfozzaman Babar is currently in prison and has also been given death penalty in the Aug 21 grenade attack case.
Motiur Rahman Nizami has already been executed for crimes against humanity during the Liberation War of 1971, while Paresh Barua and Nurul Amin are fugitives.