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5 February 2014 Wednesday 3:01:04 PM
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Limon's Case

Hearing date on case withdrawal deferred again
Anisur Rahman Swapan

limon-jhalakathi Limon JhalakathiCharges against Limon in a case lodged by RAB after maiming him not withdrawn even after eight months of home-ministry order as hearing for withdrawal of that case deferred for the sixth time on Wednesday.

The hearing deferred to April, 2014 as the chief judicial magistrate of Jhalakathi has been transferred in August 2013 and acting CJM and senior judicial magistrate Md. Arifuzzaman has no jurisdiction to hear such appeal, explained Advocate M Alam Khan Kalam, additional public prosecutor of Jhalakathi and Advocate Akkas Shikdar of defense side.

Limon Hossain was a college student who used to work in a brick kiln to bear his educational expenses and allegedly maimed by RAB shooting in the leg after taking him to a place adjacent to his house at Jamaddarhat in Rajapur Upazila of Jhalakathi on March 23, 2011, just about fortnight before his HSC examination.

Limon’s left leg was amputated from the thigh on March 27 at Dhaka National Institute for Traumatolgy and Orthopaedic Rehabilitation (NITOR) Hospital as the tissues were totally damaged due to excessive bleeding caused by delay in treatment after the shooting.

RAB after maiming Limon filed two cases on the same day of shooting him with Rajapur police station against the teenager and seven others one case under the arms act (GR-45) and another for obstructing government duty, making attempts to murder and injuring RAB personnel (GR-46).

Sub Inspector Ariful Islam, investigation officer, separately submitted charge sheets of the GR.45 and GR-46 cases on April 24, 2011 and July 1, 2012 against Limon, 16 at the time of occurrences, under juvenile crime prevention act and against seven other accused members of local terrorists ‘Mizan-Morshed’ gang, under different sections of penal code.

After the matter created huge sensations by the human rights activists, the home ministry on July 9,2013 ordered to withdraw of
charges only against Limon in both of the two cases lodged by RAB. That order reached to Jhalakahti district magistrate on July 16 and public prosecutor put up that to the courts on July 21.

After hearing Kiran Sangkar Haldar, judge of the special tribunal-2, accepting the appeal of the prosecution on July 30, 2013 ordered to drop the charge against Limon in GR-45 (tribunal case no.-9/11) lodged under sections 19(A) and 19(F) of arms act.

However hearing of withdrawal of another case GR-46 against Limon yet to be heard in last eight-month as CJM post laid vacant and that causing the accused physically, financially and mentally suffered to attend the court on every date, said Advocate Akkas Hossain, lawyer of Limon.

On other hand Henoara Begum at first tried to lodge a case accusing the RAB personals for attempt to murder, severe injury and maiming her son, with Rajapur police station after the incident.

But Rajapur police station at first refused to accept the case against RAB personals. Later the police station forced to register that on April 10, 2011 as per court order.

However police on August 14, 2012 secretly filed final report of the case lodged by Henoara claiming that they found no evidence and witnesses against RAB.

Then complainant of the case and mother of Limon filed ‘no confidence (Naraji)’ against the final report of police on August 30, 2012.

Jhalakathi senior judicial magistrate on February 13, 2013 rejected the ‘no confidence (naraji)’ prayer against acquitting six members of RAB accused for attempt to murder and maiming Limon.

Prayer of revision was lodged with Jhalakathi district and session judge court on against rejecting the Naraji.’

Hearing of that revision petition deferred for the sixth time on January 15, 2014 as prosecution was not prepared for hearing and Shahidullah Baqaul, Jhalakathi district and session judge, fixed the date as February 27, 2014.

Edited By: Central Desk

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