Supposed to end in 180 days, smuggling case lingers for 18 years

On 13 June this year, he finally testified in court in an 18-year-old smuggling case, but only because he had no choice.

A non-bailable witness warrant issued by the court in May required him to appear and testify in the case he had been avoiding for the past seven years.

He is the former NBR official, Matiur Rahman, a name now familiar to all.

In the span of less than a month, he lost his job at the NBR, had all his “illegal” assets confiscated by the court, and is currently under investigation by the Anti-Corruption Commission (ACC) – all of which began with the “infamous Tk15 lakh goat” his son tried to purchase right before Eid-ul-Adha last month.

Interestingly, Matiur’s fall from grace began right around the time he testified in this case, which was filed by an official of the Customs Intelligence and Investigation Directorate (CIID) in May 2006 against six individuals under the Special Powers Act 1974, on charges of smuggling clothes from India.

Such cases are required by law to be resolved within 180 days. However, more than 18 years later, the case remains pending at the Joint District and Sessions Judge’s Court-3 in Dhaka.

According to court sources, Matiur is one of the primary reasons for the prolonged delay. But how exactly is he involved in all of this?

The case revolves around a raid conducted by a special CIID team, who seized the smuggled cloth and arrested the accused from a trawler on the Buriganga River near Postogola, Dhaka.

At that time, Matiur held the position of director at the CIID, making him a crucial witness in the case.

Matiur Rahman, the sixth witness, was initially slated to testify in court on 29 December 2017, but he did not show up. Despite being summoned by the court nine times over the past seven years, his failure to appear for testimony has stalled the trial’s progress.

The court finally issued the non-bailable witness warrant in May 2024 to force him to testify in court.

To date, the case has been rescheduled 128 times, with over 90 dates designated for witness testimonies. Furthermore, three courts and 10 judges have been changed during the proceedings.

According to court sources, all six accused were granted bail after spending almost a year in prison. Five of them consistently appear in court on scheduled dates, while one remains at large.

“We believe justice has been denied to us due to the substantial delay,” one of the accused told TBS.

The five other witnesses who testified before Matiur also caused delays and required multiple summonses from the court.

According to court sources, with the testimony finally provided by Matiur and another witness from the directorate, the case has entered its final stage. The next and final step, the presentation of arguments, is scheduled for 31 July.

What happened during the CIID raid?

On 5 May 2006, CIID officials conducted a raid in the Shoshanghat area near the Postgola-1 Buriganga Bridge in Dhaka. During the operation, they intercepted a trawler.

In the vessel, they discovered Indian sarees and three-piece garments hidden under watermelons. The market value of the clothing at that time was Tk4.12 crore. 

Officials apprehended six individuals from the trawler, while one escaped. 

In November 2007, Madhusudan Sarkar, a sub-inspector of Keraniganj Police Station, submitted the chargesheet to the first-class magistrate court in Dhaka.

The case was then transferred to the Special District and Sessions Judge Court of Dhaka later that year.

Following the indictment in 2008, the case was transferred from the Special District and Sessions Judge Court to Dhaka’s Special Tribunal-17.

Although the date for witness testimony was initially set by the end of that year, the proceedings did not commence until 28 April 2010 due to the absence of some witnesses.

On 28 April 2010, the plaintiff, Abdullahil Mahmud, testified in court. As of 29 November 2017, a total of five individuals, including the investigation officer, provided testimony. 

The sixth witness, former NBR official Matiur Rahman, was scheduled to testify on 29 December 2017.

Accused demand justice

The case is currently pending at the Joint District and Sessions Judge 3rd Court, Dhaka, which is in charge of Special Tribunal No-17 of Dhaka.

The accused in the case are – Abdul Quader from Sonadanga thana, Khulna; Md Lutfor Rahman from Shyamnagar, Faridpur; Md Alam from Rupsa, Khulna; Abdul Malek Talukdar from Patuakhali; Abdul Wahab from Lal Mohan thana, Bhola; and Alauddin from Kotwali thana, Barisal.

During remand, they confessed to smuggling the sarees and three-piece garments from India evading duties.

The main accused in the case, Abdul Quader, said he was 45 years old at the time of the raid. He told TBS that he was not involved in smuggling and was wrongfully captured by the CIID from another trawler.

“I am now over 60, and my health is not good. I had to sell all my land to meet the legal expenses related to the case. If the trial had been completed quickly, I would have gotten justice,” he said.

However, the public prosecutor of the court, Delwar Hossain Patwari, said there are multiple smuggling and drug cases lodged against Abdul Quader.

According to Sahabuddin Ahmed, the lawyer representing the defendants, the case has remained unresolved due to witnesses missing scheduled appearances in court. Over the years, there has been a lack of proper monitoring of the case’s progress.

He added that had the trial been completed promptly, the accused would have received justice. The extended delay is now denying them justice.

The plaintiff, other officials retired

The plaintiff in this case, Abdullahil Mahmood, has retired long ago. Two other witnesses, former NBR commissioner Shah Alam Khan and customs officer Noor Uddin, have also retired. Additionally, the investigating officer, SI Madhusudan Sarkar, has completed his service and retired.

Furthermore, eight judges who were involved in the case have been transferred. Over 90 dates have been set for witness testimonies, with each witness being summoned multiple times to testify.

‘Delayed justice common in Bangladesh’

Former law minister Barrister Shafique Ahmed, speaking to TBS about the slow progress of the trial, said, “This is a common challenge within the judiciary of Bangladesh. This particular case has been ongoing for 18 years, and other cases like it have been pending for 50-60 years.”

He continued, “The number of courts is insufficient relative to our country’s population, resulting in an overwhelming caseload for judges. As a result, despite the desire to expedite case resolutions, it is often not feasible.”

The former law minister added that all the accused in this case were arrested on the spot, and the seized goods serve as evidence. Therefore, it is unreasonable for the witnesses to delay the trial.

“There could be considerable negligence from both the government and defence lawyers. Besides this, I find no justification for the delay in concluding this case. The respective judge should also demonstrate more sincerity,” he added.

How quickly the case was supposed to be settled?

The case was filed under Section 25 of the Special Powers Act, 1974, for allegations of black marketing and hoarding. Under this section, an accused person can receive a death sentence, life imprisonment, or a minimum of 14 years imprisonment, depending on the severity of the offence. There is also a provision for monetary penalties based on the level of the crime.

Additionally, the case alleges several violations of the Customs Act of 1969, the Import Export Act of 1953, and the Foreign Exchange Control Act of 1947.

Barrister Shafique Ahmed said the Special Powers Act includes provisions for applying the Code of Criminal Procedure to resolve such cases, mandating that the case be settled within 180 days.

He said, “I do not know of any precedent where a criminal case has been settled in 180 days in this country.”

However, the responsibility for delaying the trial should not be placed solely on the judiciary. In this case, the initiation of the trial was delayed for nearly two years. The main reason for the delay is the negligence of the witnesses, he added.

Thousands of cases await resolution

Twenty-one courts including the district and session judge courts of Dhaka have been empowered as special tribunals. Cases of various special laws, including the Special Powers Act, are tried in these courts.

Till now, about five lakh cases are pending in these courts. Among these cases, 44,000 cases are under special laws including the Special Powers Act 1974. Out of these 44,000 cases, about 24,000 cases are pending for more than ten years.

According to the Supreme Court sources, around 49 lakh cases are pending across the country. Among these cases, about 29 lakh are criminal cases. Among these cases, the number of more than 10-year-old cases is about seven lakh.