Holey Artisan case: Leave to appeal against imprisonment until death awaits hearing

Today marks the 10th anniversary of the militant attack and massacre at the Holey Artisan Bakery in Dhaka’s Gulshan area. The case, which drew widespread attention both at home and abroad, has passed through two stages of the judicial process and now stands at the doorstep of the Appellate Division.

The trial court had initially sentenced seven members of the neo-JMB to death in this case. However, the High Court commuted their sentences to imprisonment until death. The six surviving convicts have since filed a leave to appeal against the High Court's verdict, which is now awaiting a hearing.

A leave to appeal is an application seeking permission to appeal. If the Appellate Division grants permission after hearing these applications, the case will be accepted for a full appeal hearing. If the permission is denied, the High Court's verdict will be upheld. Consequently, the final disposal of the Holey Artisan attack case now depends on the Appellate Division's subsequent decision.

On the evening of 1 July 2016, armed militants launched an attack on the Holey Artisan Bakery in the Gulshan diplomatic zone. That night, 20 hostages, including 17 foreign nationals, were brutally murdered. Among the victims were nine Italians, seven Japanese, one Indian and three Bangladeshis. Two police officers were also killed by bombs hurled by the militants when they attempted to rescue the hostages.

The following morning, all five attackers were killed during 'Operation Thunderbolt,' a rescue mission conducted by the army. Thirteen hostages were rescued alive.

The seven convicts sentenced to imprisonment until death are Rakibul Hasan alias Regan, Md. Jahangir Hossain alias Rajib Gandhi, Aslam Hossain alias Rash, Hadisur Rahman, Abdus Sabur Khan alias Sohel Mahfuz, Mamunur Rashid alias Ripon and Shariful Islam Khaled.

The Anti-Terrorism Special Tribunal of Dhaka delivered its verdict in the case on 27 November in 2019, sentencing seven members of the neo-JMB to death. Following hearings on the death reference, as well as appeals and jail appeals by the convicts, the High Court delivered its judgment on 30 October 2023.

The High Court commuted the death sentences to imprisonment until death and fined each convict Tk 50,000. In case of failure to pay the fine, they would face an additional five years in prison.

The 229-page full text of the High Court verdict was published on the Supreme Court’s website on 17 June last year. Against that verdict, the six surviving convicts filed leave to appeal applications in the relevant branch of the Appellate Division last year. These applications are currently awaiting a hearing.

Attorney General Md. Ruhul Quddus KajalThe trial of the Holey Artisan case holds significant importance in the international arena. Keeping this in mind, we will take initiative to begin the hearing.

Attorney General Md. Ruhul Quddus Kajal told Prothom Alo on Tuesday, "The trial of the Holey Artisan case holds significant importance in the international arena. Keeping this in mind, we will take initiative to begin the hearing."

The seven convicts sentenced to imprisonment until death are Rakibul Hasan alias Regan, Md. Jahangir Hossain alias Rajib Gandhi, Aslam Hossain alias Rash, Hadisur Rahman, Abdus Sabur Khan alias Sohel Mahfuz, Mamunur Rashid alias Ripon and Shariful Islam Khaled.

Among them, Aslam Hossain was killed by gunfire from prison guards at the Kashimpur High Security Jail in Gazipur on 6 August 2024. The incident occurred a day after the fall of the Sheikh Hasina government during the mass uprising, when inmates attempted a prison break and staged a riot. Six prisoners were killed in the shooting and 209 inmates escaped during the chaos.

The full High Court verdict noted that evidence gathered during the investigation, including the suspects' confessional statements, forensic, ballistic, DNA and immigration reports, along with circumstantial evidence confirmed that the neo-JMB, an extremist faction of the banned Jamaat-ul-Mujahideen Bangladesh (JMB), orchestrated the militant attack at Holey Artisan.

Considering the brutality and cruelty of the killings, the terrorists’ behavior at the scene and the resulting damage to Bangladesh’s image globally, the High Court concluded that sentencing the appellants to imprisonment until death, rather than standard life imprisonment would serve the interests of justice.

The five militants who directly participated in the attack were killed during the commando operation. They were identified as Rohan Ibn Imtiaz, Meer Sameh Mobasheer, Nibras Islam, Shafiqul Islam alias Uzzal, and Khairul Islam alias Payel.

In its full judgment, the High Court stated that prosecution evidence had proven beyond a reasonable doubt that those five individuals killed the 22 victims. Had they survived, they could have been sentenced to death following trial under the relevant sections of the Anti-Terrorism Act. However, the High Court opined that the trial court's decision to sentence the seven appellants to death based on ‘common intention’ was not legally sound.

The High Court further held that the prosecution successfully proved beyond doubt that the appellants were involved in planning and conspiracy, raising funds and weapons, selecting and recruiting the five attackers, providing them with physical and mental training in secret locations, and inciting them to commit the murders.

Taking into consideration the brutality and cruelty of the killings, the terrorists’ behaviour at the scene and the resulting damage to Bangladesh’s image globally, the High Court concluded that sentencing the appellants to imprisonment until death, rather than standard life imprisonment would serve the interests of justice.