BANGABANDHU MURDER CASE

Tuesday, 26^th November 2009

The former army officers sentenced to death for the murder of independence-leader Bangabandhu Sheikh Mujibur Rahman and most members of his family have walk to the gallows as they lost the legal battle at the highest court.

A five-member Appellate Division bench of the Supreme Court, headed by Acting Chief Justice Tafazzul Islam, pronounced the crucial verdict finally confirming the death sentences on the convicts on Thursday noon in a jam-packed court under an unassailable security cover.

All the five judges unanimously endorsed the short order of the highest court dismissing all the appeals filed by the condemned prisoners. The court also vacated its stay on execution of the capital punishment.

"We are of the view that it is not a case of criminal conspiracy to commit mutiny rather a criminal conspiracy to commit the murder of Bangabandhu Sheikh Mujibur Rahman and other members of his family," says the verdict.

Dismissing the defense views outright, the court further held that there is no legal evidence on record to come to the conclusion that the murder of Bangabandhu Sheikh Mujibur Rahman and other members of his family, including the three security personnel, had been committed as a consequence of mutiny.
About the impugned trial mode involving the third judge of the High Court the apex-court judges opined that the third judge was competent to decide the cases of six of the convicts about whom the judges of the High Court division bench were equally divided in their opinion.

Thus the third judge was in agreement with the decision of the judges of the HC division bench in respect of nine convicts about whom there was no difference of opinion, the AD judges viewed.

They also condoned the delay in lodging the First Information Report (FIR), after a long lapse of 21 years since the August 15, 1975 bloodletting tragedy at 32 Dhanmondi Street.

On this point, the apex court contended that "as the sessions judge and also the judges of the High Court division have believed the explanation given by the prosecution in this context on assessment of the evidence on record, this concurrent finding of fact, in our view, does not call for any interference".

Disapproving of the defense plea that the offence of murder by an army man is triable under the Army Act, the judgment said since the appellants were not in active service within the meaning of section 8(1) of the Army Act, their trial by an ordinary criminal court is not barred by any provisions of the Army Act.

Besides, "even if it is assumed that it is a civil offence (murder) within the meaning of section 8(2) of the Army Act, there is no bar for trial of such offence in view of section 94 of the Army Act," says the Supreme Court ruling.

The allegation of miscarriage of justice in accepting the death reference so far as it relates to the appellants, without proper evaluation and sifting of evidence, the court said, "We find no cogent ground to interfere with the judgment of the High Court."

The court in its judgment further states: "The appellants having failed to make out a case of extenuating circumstances to commute their sentence of death, we are not inclined to interfere with the sentence of death awarded to the appellants by the sessions judge and confirmed by the High Court."

State lawyers came out flashing the V-sign as scores of supporters of the ruling Awami League shouted slogans in and outside the court premises demanding execution of the verdict, says a spot account of the scenes given by UNB reporters.

The appellate court upheld the High Court confirmation of the death sentence on a total of twelve ex-army officers through dismissing all the five appeals filed by the detained ones of the condemned convicts.

The appellants are Lt Col (sacked) Syed Faruque Rahman, Lt Col (retd) Sultan Shahriar Rashid Khan, Lt Col (retd) Muhiuddin Ahmed (Artillery), Maj (retd) AKM Mohiuddin Ahmed (lancer) and Maj (retd) Bazlul Huda.

Now, the verdict will have to be executed within a period after 21 days but before the expiry of 28 days after the receipt of its copy by the prison authorities, chief state counsel Advocate Anisul Huq told reporters after the judgment, quoting the Jail Code.

However, the appellants on death row in Dhaka Central Jail, including prominently known Syed Faruque Rahman, "have the scope to petition for a review of today's judgment and seek presidential mercy in the last resort, if they so wish," he said.

Barrister Abdullah Al Mamun, the counsel for appellant Huda and Mohiuddin (Lancer), told the media that the petition for review depends on the advice of his clients.
Advocate Abdur Razzaque Khan, the counsel for Shahriar, declined to make any comment on the judgment. Khan Saifur Rahman, the counsel for Faruque and Muhiuddin (Artillery), was not available in the court precincts to hear the ultimate about the fate of his two clients.

Senior advocate Anisul Huq conducted the case as chief state counsel with the rank and status of Attorney-General. He was assisted by Attorney-General Mahbubey Alam and his nine deputies and barrister Ajmalul Hossain QC, Tawfique Nawaz, ex-law minister Abdul Matin Khasru MP, barrister Sheikh Fazle Noor Taposh, Yusuf Hossain Humayun, SC Bar Association President AFM Mesbahuddin and secretary SM Rezaul Karim, Abu Zafar Siddiqui, Rabiul Alam Budu, Momtaz Uddin Mehdi, Mosharraf Hossain Kazal and Jahangir Hossain Selim.

Ahead of the long-awaited verdict in the sensational case, security was also beefed up in the capital and elsewhere in the country while the condemned prisoners have already been under a close watch.
Officials said more than 5,500 additional police-RAB personnel were posted at different strategic points in the capital, including over 500 making a security bulwark around the Supreme Court, to maintain order.

On November 12, the five-member appellate bench of the Supreme Court set the date for judgment after formally closing the appeal hearings from both the defense and the state sides for 29 working days.

The appeals were filed by the five in a bid to overturn the High Court judgment that had confirmed the trial court's death sentences on twelve of the convicts in the case of murder of Bangabandhu Sheikh Mujibur Rahman.

Earlier, the Appellate Division had exhausted 26 working days on granting leave applications filed by the condemned prisoners in jail. The leave was granted on September 23, 2007.
As the grand-alliance government led by Awami League paved the way for resolving the impasse due to shortage of judges, the hearing on the long-pending appeals of the ex-army officers began on October 5 amid tight security.

At the crack of dawn on August 15, 1975, father of the nation Bangabandhu Sheikh Mujibur Rahman and most of his family members, except his two daughters - incumbent Prime Minister Sheikh Hasina and Sheikh Rehana, who were fortunately abroad at the time -- were killed by a splinter group of the armed forces.
Death sentences against twelve of the convicts were upheld in the High Court's verdict delivered on April 30, 2001.

The case was filed on October 2, 1996 -- 21 years after the gruesome killings - with the Indemnity Ordinance having been done away with to pave the way for the trial.
AFM Muhitul Islam, then receptionist-cum-resident PA to the President, lodged the FIR (First Information Report) with the Lalbagh police station.
A trial court on November 8, 1998 sentenced a total of 15 retired and dismissed army personnel for the August 15, 1975 multiple murders that had changed the course of politics in the newly-liberated Bangladesh.

The HC upheld the punishment of 12, acquitting three. The rest, sans Lt Col (retd) Aziz Pasha who died in the meantime, remained on the run abroad.

Reactions
Lawyers describe judgment in Bangabandhu murder case a milestone
Senior advocate Anisul Huq, who conducted the Bangabandhu murder case as the chief state counsel, Thursday said the nation got justice after long 34 years with the conclusive judgment in the case.

"Thanks God for the much-expected justice we got at long last … today I pray for the victims of the August 15, 1975 massacre," Anis told a news briefing at the auditorium of the Supreme Court Bar Association on the outcome of the just-delivered judgment.

Barrister Sheikh Fazle Noor Taposh, one of the state-nominated lawyers in the case, said that the Father of the Nation had to struggle for 24 years in achieving Bangladesh's independence, but "we had to wait for long 34 years for getting justice in his murder case".

Describing the judgment as a milestone, Taposh, son of Sheikh Fazlul Huq Moni who along with his wife was killed on the fateful night of August 15, 1975, said, "I feel proud of the Supreme Court, as it has brought an end to the agony of the nation."

"It's my birthday today…my parents could not celebrate my birthday in 1975. So, today's judgment in the murder case is the greatest gift for me," he said with his eyes full of tears.

Terming historic the judgment, Attorney General Mahbubey Alam said it would be considered as an illustrious one in human history.

Noted jurist Dr Kamal Hossain said the process of trial was done in accordance with the constitution, ensuring justice and demanded an inquiry into the inordinate delay for 34 years to initiate the case.

AFM Muhitul Islam, the then receptionist-cum-resident and PA to the President who lodged the First Information Report (FIR) in the case, said the Bangalee nation got their expected judgment and got rid of stigma with it.

BNP leader Barrister Moudud Ahmed MP in his reaction said the nation felt relieved following Supreme Court verdict on the Bangabandhu murder case which he observed paved the way for establishing the rule of law in the country.

The former Law Minister made the remark as reporters sought his instant reaction at his Motijheel chamber shortly after pronouncement of the final judgment of the historic case by the Appellate Division at noon.

"The rule of law has been established in the country through this verdict," said the veteran lawmaker from the opposition party whose founder, former army chief and President Ziaur Rahman, was also slain in a revolt by military men.

"We all have to accept this verdict of the highest court of the country. It would not be wise to see this judgment with a partisan attitude, it would have to be seen in overall perspective," Moudud, member of the BNP standing committee, told the reporters.

He termed the August 15, 1975 killings a big tragedy for the nation. After 21 years of the carnage the trial process started in 1996 and the verdict from the highest court is now delivered after 13 years of the filing of the case, he said, indicating the pitfalls on the way.

Replying to a question regarding allegation of involvement of Ziaur Rahman in Bangabandhu murder, the BNP leader said after pronouncement of judgment such an allegation was "totally baseless and politically motivated".

Investigating Officer heaves a sigh of relief following SC verdict
Heaving a sigh of relief following Bangabandhu murder case verdict on November 19, Additional SP of CID Abdul Kahar Akand, the Investigation Officer of the Bangabandhu Murder Case, said it proved once again that criminals, however high and mighty they may be, must not go unpunished if the law takes its own course.
Recalling his past experience he said it was a very difficult task for him to bring the self-confessed killers of Bangabandhu Sheikh Mujibur Rahman to justice.

"After 21 years of the gruesome killings, as an investigation officer I had to face hurdles in getting information, documents, witnesses and material evidences about the August 15, 1975 carnage," he said, giving his reaction to UNB over the verdict.

The veteran intelligence officer said many documents in connection with the case were either put out of sight or destroyed by the successive governments. No evidence was found readymade during investigation.
Akand said that despite difficulties, he submitted charge-sheet in connection with the case to the court within 100 days.

In October 2002, the BNP-Jamaat alliance government gave him marching orders without assigning any reason. Later, he was reinstated on January 28 this year following a court verdict declaring illegal the forced-retirement order against him.