T/W: Report contains sensitive images.
8:30pm, February 26, 2015.
As writers and readers begin returning home from the Ekushey Boi Mela, screams suddenly pierce the air.
By the time people can react, a murder has also already taken place.
On the road near the Raju Sculpture lies Muktamona blog founder, writer and US-based engineer Avijit Roy. His wife Rafida Ahmed Bonya, who is next to him, also sports injuries.
10 years after that incident, the court yesterday granted interim bail to Shafiur Rahman Farabi, who was sentenced to life imprisonment over the murder case, sparking conversations across the internet.
What eyewitness saw that day
On the evening of February 26, 2015, Roy and his wife Rafida Ahmed Banya left the book fair together.
As soon as they crossed the gate of Suhrawardy Udyan, a group of miscreants suddenly jumped on them.
Both of them were instantly covered in blood with sharp machetes.
Photojournalist Jiban Ahmed was inside Suhrawardy Udyan, a short distance from the incident.
Suddenly, he heard a woman's screams and rushed to the gate.
"The scream was as if someone had been hit hard,' Jiban told Stream. "I ran out. When I went there, I saw a man lying bloodied on the sidewalk and another woman lying unconscious next to a motorcycle. There was blood all around."
He said the people around him informed him that the man had been hacked to death.
Jiban was shocked to see the sudden horrific scene. No one dared to come forward.
Later, it was learned that the woman was Abhijit Roy's wife, Rafida Ahmed Banya.
Jiban said that since no one came forward, he himself took the initiative to find CNG and take them to the hospital.
He said that Roy died shortly after reaching Dhaka Medical College. Banya survived after a long treatment with serious injuries.
How the case progressed
After the murder of Avijit, his father, Professor Ajay Roy, filed a murder case with Shahbagh Police Station on February 27.
The US intelligence agency FBI also participated in the investigation in Bangladesh as Abhijit was a US citizen.
The DB was first given the investigation, but it was passed to the police's Counter Terrorism Unit in 2017.
After a four-year investigation, on March 13, 2019, the investigating officer, Inspector Monirul Islam, filed a chargesheet against six people in a Dhaka court.
Arrests were made, with two still absconding.
The chargesheet stated that the group had gathered at a house on Elephant Road and planned the murder.
Four terrorists carried out the attack. Others formed a "ring" to help them escape.
On April 11, 2019, the Dhaka Special Anti-Terrorism Tribunal accepted the chargesheet and framed charges against the accused on August 1, and the trial began.
Out of a total of 34 witnesses in the case, 28 testified at different times. The accused included Major (dismissed) Syed Ziaul Haque, Mozammel Hussain, Abu Siddique Sohel, Arafat Rahman, Akram Hossain and Shafiur Rahman Farabi.
On February 16, 2021, Judge Md Mujibur Rahman sentenced five to death and Shafiur Rahman Farabi to life imprisonment.
The verdict said that although Farabi was not directly involved in the murder, his provocative posts on social media had helped the killers.
Farabi then appealed to the High Court, which accepted the plea on August 4, 2022.
After a long judicial process, the High Court bench (Justice Md. Zakir Hossain and Justice KM Rasheduzzaman Raja) granted him interim bail on Wednesday.
What lawyers say
Senior advocate SM Shahjahan and advocate Muhammad Hujjatul Islam Khan were present on Farabi's behalf at the bail hearing.
"Farabi has been in jail since March 3, 2015. Although four accused in the case have confessed, none of them mentioned Farabi's name. His name did not come up in the statement of any witness other than the investigation officer. Farabi did not give any confessional statement under Section 164. We applied for bail citing these reasons," Hujjatul told media.
Speaking to Stream, Deputy Attorney General Md Emran Khan, who represented the state, said, "Considering the gravity of the case and the nature of the crime, we are somewhat surprised by the court's decision. Granting bail to such an accused in the light of the complaint and investigation can become a challenge to law and justice."
What could happen after bail
Shafiur Rahman Farabi is now free. However, this is only an interim bail. The main appeal is still pending before the High Court. If they wish, the state may approach the Appellate Division of the Supreme Court and apply for a stay on the bail. Therefore, the final resolution of the case has not yet been reached.
In this context, Assistant Attorney General Mujahidul Islam Shahin said, "Any bail depends on the law and judicial analysis of the court. However, given the social and international significance of this case, public debate over the legitimacy of the bail is natural."
He further said, "The court's decision is the ultimate decision. Commenting on it would amount to contempt of court."
The bail of Farabi has triggered various reactions on social media.
Some say that even if he did not strike directly, someone who for a long time acted as the "stage preparer for death" against a writer, his release on bail undermines the image of justice.
On the other hand, some argue that there is no direct evidence of his participation in the murder, not even any witness has mentioned his name in court, and he has not given any confessional statement—on these grounds, bail was sought.
What the law says
In this regard, Professor Mahbubur Rahman of the Department of Law at Dhaka University said, "According to the Penal Code of Bangladesh, not just direct participation in murder, but also mental preparation, providing information, or encouraging the act can lead to punishment. Sections 107 to 109, 114, and even 120B provide for strict measures against those who assist in the crime."
He said, "In such crimes, when the court says the accused did not directly participate but provided assistance, it is not at all a minor allegation."
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