A High Court (HC) bench on Tuesday refused to hear the death reference and appeals in the sensational 10-truck arms haul case where 14 people were sentenced to death.
The bench of Justice Bhabani Prasad Singha and Justice Md Kamrul Hossain Mollah expressed it inability as Justice Bhabani Prasad Singha acted for several days as the judge of the trial court where the trial was held, said Assistant Attorney General Nirmal Kumar Das.
He said the judge expressed his inability on moral grounds.
The death reference and appeals will now be sent to the Chief Justice who will assign a new bench for the hearing.
On April 1, 2004, ten trucks of arms were seized at the Chittagong Urea Fertiliser Ltd jetty.
Two cases –– one for arms and another for smuggling — were filed with Karnaphuli Police Station the following day.
Fifty people were made accused in the arms case and another 52 in the other case.
Fourteen people, including former Jamaat-e-Islami chief Motiur Rahman Nizami, former state minister for home Lutfozzaman Babar, Indian separatist outfit United Liberation Front of Assam (ULFA) chief Paresh Barua, former DGFI director Maj Gen (retd) Rezzakul Haider Chowdhury and former National Security Intelligence director general Abdur Rahim, were sentenced to death in a one of the cases.unb