Retired military officers seek legal relief for death-row fugitive ex-major Zia

A group of retired military officers is pursuing legal and administrative measures to secure relief for fugitive former army major Syed Ziaul Haque, who has been sentenced to death in three murder cases and remains wanted in multiple criminal investigations.

The initiatives include seeking withdrawal of cases against him, suspension of his death sentences and legal representation in the High Court's pending death reference hearings, according to members of the Retired Armed Forces Officers' Welfare Association (Raowa).

Raowa Joint General Secretary Lt Col (retd) Abu Nawroz Khurshid Alam told The Business Standard that the association has applied to appoint a new defence lawyer for Zia in the High Court. He said an application was submitted to the Solicitor General through the Ministry of Law and that the law minister had assured cooperation in expediting the hearings.

Khurshid said Raowa had also approached relevant government offices to seek a review of the criminal cases against Zia and was in discussions with the Ministry of Home Affairs over related applications.

Zia petitioned the Ministry of Law on 29 December 2024 seeking withdrawal of the cases against him and separately applied to the Ministry of Home Affairs to remove his name from the country's most-wanted list, claiming he had been falsely implicated.

Khurshid alleged the cases and convictions were politically motivated during the previous Awami League government, a claim The Business Standard could not independently verify. He said Raowa first approached the Ministry of Home Affairs before being advised to consult the Ministry of Law.

In May, the association's chairman and joint general secretary met the law minister, submitted relevant documents and sought a review of the ongoing legal proceedings. Khurshid said the law minister indicated Zia's remaining criminal cases could be reviewed by the government's central review committee if found eligible.

Zia's former colleagues also claimed he came under military surveillance after the 2009 BDR mutiny because of his views and went into hiding after being implicated in what they described as an alleged coup plot in 2011.

Cases against Zia

Zia has been sentenced to death in the murder cases of writer Avijit Roy, publisher Faisal Arefin Dipan, and LGBT rights activist Xulhaz Mannan and his associate Mahbub Rabbi Tonoy. The death references in those cases are pending before the High Court.

As a fugitive, he cannot file appeals himself, although the court may hear arguments from a state-appointed defence lawyer.

Apart from those three cases, Zia faces at least nine other criminal cases. Eight are under trial, while one remains under investigation.

The pending cases include the murders of blogger Ahmed Rajib Haider, blogger Niladri Chattopadhyay Niloy and Nazimuddin Samad, the attempted murder of publisher Ahmedur Rashid Tutul, an explosives case, two arrest-related cases filed with Badda and Bhatara police stations, two cases over obstruction of police and weapons recovery during the investigation into the Xulhaz Mannan murder, and a case alleging escape from custody, which is under investigation.

Long wanted by Bangladesh, US govt

Syed Ziaul Haque, a dismissed army officer, has remained a fugitive since 2012 and has long been on Bangladesh law enforcement's wanted list over his alleged links to several high-profile militant attacks.

In January 2012, the Bangladesh Army said it had foiled an alleged coup attempt involving serving and former officers, naming then-Major Zia as its alleged leader. Investigators later linked him to the banned militant outfit Ansarullah Bangla Team, later renamed Ansar al Islam, in connection with attacks targeting writers, bloggers, publishers and LGBT activists.

Following the 2016 Gulshan café and Sholakia attacks, Bangladesh Police announced a Tk20 lakh reward for information leading to his arrest.

In 2021, the US Department of State announced a reward of up to $5 million under its Rewards for Justice programme for information leading to the arrest or conviction of those involved in the 2015 killing of writer Avijit Roy and the attack on Rafida Bonya Ahmed.

The US said two of the six convicts – Syed Ziaul Haque and Akram Hussain – were tried in absentia and remain at large. It also said Ansarullah Bangla Team and al-Qaeda in the Indian Subcontinent (AQIS) claimed responsibility for the attack. The US designated AQIS a Foreign Terrorist Organisation in 2016.