Zia murder case revived after 25 years with arrest
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After a 25-year hiatus, investigators have reopened the search for records in the assassination case of former president and BNP founder Ziaur Rahman, following the recent arrest of retired major Mohammad Mozaffar Hossain.
Mozaffar is the only living accused in the assassination and had been a fugitive for 45 years. He is being brought to trial in a military court.
Chattogram Metropolitan Public Prosecutor (PP) Mofizul Haque Bhuiyan believed it is necessary to retrieve the crucial records of the Zia murder case held in the civil court. For 20 years, the Criminal Investigation Department (CID) of the police sought 173 time extensions from the court but failed to submit a charge sheet.
Instead, CID submitted a final report, which is considered the “premature death” of such a significant case.
CID was responsible for investigating the case filed at Kotwali Police Station in Chattogram. Despite the lengthy period from 1981 to 2001, CID was eventually compelled to submit a final report to the civil court.
In such instances, the stance of government policymakers often takes precedence over that of the official investigative agency. Once the court accepted the final report, the records were moved to the archives (record room).
Mofizul told Agamir Somoy on Sunday, “The incident has been revived through the arrest of a fugitive accused. In this situation, we feel it is necessary to find the case records. I have summoned the docket from the record department.
“The case was filed at Kotwali Police Station. Inquiries will also be made at the station. I have also met with the CMM (Chief Metropolitan Magistrate) and requested him to find the records.”
On 29 May 1981, then-President Ziaur Rahman visited Chattogram and stayed overnight at the Circuit House. In the early hours of 30 May, he was assassinated during a military coup.
Major Mozaffar was part of that group. While the military court tried those involved and sentenced 13 army officers to death - all of whom were executed swiftly - the regular criminal case filed at the police station remained unresolved.
That case, numbered 1(6)81, listed Mozaffar as the sixth accused. Although the military coup was tried, the case filed under criminal law at the police station remained pending.
After handling the investigation of the regular case for 20 years, CID submitted a final report to the court on 24 October 2001. At that time, the BNP-led four-party alliance government had just come to power.
However, Mohammad Fakhruddin, appointed during the Awami League’s tenure, was still serving as the Metropolitan PP. He was then succeeded by Abdus Sattar, appointed by the BNP government.
Sattar said, “CID submitted the final report to the court during Fakhruddin’s time. The court accepted it and declared the case finally settled. I took over after that. Upon arriving, I no longer found the case records. By then, they had already been moved to the record department.”
When contacted for comment, Fakhruddin added, “I do not have any information regarding the progress of this case during my tenure. The investigative agency did not consult with me either. Advocate Sattar will be able to speak better on this matter.”
While the statements from the two former PPs do not provide a clear picture of the records’ whereabouts, a document obtained by Agamir Somoy reveals the case’s ultimate fate.
On 3 October 2001, a letter was sent from the police to the CMM of Chattogram. The letter said, “The undersigned is directed to say that the matter was discussed in the ICC meeting held on 16-6-81. It has been decided that if Army authorities intimate that they have taken up the investigation of the case the Police need not proceed with it any further.”
Following this, CID submitted the final report to the court, citing a lack of witnesses and evidence. This effectively ended the entire process of investigation and trial in the criminal court.
