Judge Mohammad Momin Ullah of the Metropolitan Sessions Judge's Court issued the order following an oral submission from the prosecution and defence lawyers in presence of Abbas and four others.

Four other accused are Shahab Uddin Laltu, former president of Jatiyatabadi Chhatra Dal, student wing of ruling BNP, Yusuf Bin Jalil, Abu Iqbal and Sumon. Of them, Sumon is still at large and the trial is proceeding in his absence.

The case was stayed for a long time following a court rule. High Court vacated the stay order on the case clearing the way for the trial to begin.

Constable Abu Naser, 27, was killed at Razarbagh Police Lines in Malibagh on February 2001.

According to the prosecution, over 150 activists led by former Dhaka City Corporation Mayor Mirza Abbas brought out a procession during hartal hours called by the then opposition BNP around at 11:30am on February 13, 2001.

They attacked a procession of the then ruling Awami League near Razarbagh Police Lines. Bullets were fired at the police barracks from the procession killing the constable who was standing on the corridor of a building at Rajabagh Police Lines.

The constable died on the spot and another Constable Partha Roy was injured seriously in the incident.

Subedar Jamal Uddin filed a murder case with Motijheel Police Station the same day. The investigation officer pressed charges against Mirza Abbas and five others on July 11, 2001.

Advocate Khan Saifur Rahman, Sanaullah Miah, Masud Ahmed Talukder and Khorshed Alam appeared for the accused while Public Prosecutor Abdullah Mahmud Hassan for the state.