'Col Jamil involved, Khaled Mosharraf key plotter'

Brigadier General Khaled Mosharraf was the chief conspirator of the assassination of president 'Bangabandhu' Sheikh Mujibur Rahman, a defence counsel said on Sunday. FULL STORY

Dhaka, Nov 1 (bdnews24.com)–Brigadier General Khaled Mosharraf was the chief conspirator of the assassination of president 'Bangabandhu' Sheikh Mujibur Rahman, a defence counsel said on Sunday.

He again said then deputy army chief Major General Ziaur Rahman was not involved with the murder, but Col Shafayat Jamil, known to be close to Mosharraf, was.

The Supreme Court heard the arguments of Abdullah Al Mamun, counsel for death convict retired Lt Col A K M Mohiuddin (lancer) at the hearing of the appeals by death convicts in Bangabandhu murder case.

Then chief of general staff Brig Gen Mosharraf with the help of Col Jamil and some power-seeking army officers staged a coup on Nov 3, 1975 after the assassination of President Sheikh Mujib on Aug 15 that year.

He took control after detaining Gen Zia, only to be killed in a counter-coup led by Col Abu Taher on Nov 7. Zia then took over as army chief and hanged Taher later.

"Khaled Mosharraf had the ambition to become the army chief," Mamun contended.

The five-member Appellate Division bench headed by Justice Mohammed Tafazzal Islam ended the 20th day's hearing at 11:35am as a judge had been feeling unwell. The hearing began at around 9:45am.

Mamun demanded re-investigation and re-trial of the case.

The court allowed another defence counsel Khan Saifur Rahman to deliver his arguments again. He would make his presentation on Monday.

Mamun told reporters after the hearing: "Army chief General K M Shafiullah had instructed Col Shafayat Jamil to act with three battalions (when president Mujib had called for help).

"Col Shafayat Jamil knows well why he did not follow the order.

"Shafayat Jamil told Ziaur Rahman about the event in the early morning of Aug 15.

"Ziaur Rahman said, 'So what? The vice president (Syed Nazrul Islam) is there. Uphold the constitution'."

"That means Zia wanted that the government is not changed unconstitutionally," Mamun said.

He claimed that Zia's order was for establishing democracy.

Mamun said: "Shafayat Jamil did not obey anybody's orders. That means an army rebellion did take place that night. What else will be the reason behind Col Jamil's disobeying the orders of both Zia and Shafiullah?

"Then Directorate General of Forces Intelligence (the military's spy outfit) chief Abdur Rouf had connection with Khaled Mosharraf.

"Khaled Mosharraf was the key source of power. The regiment deployed at Bangabandhu's house was under his control.

"Rouf, Shafayat Jamil and (Major) Ziauddin (Sarkar) took the chief of the Rakkhi Bahini to radio station on his (Mosharraf) orders.

"Khaled Mosharraf was the prime plotter of the Aug 15 event. He had the ambition to be army chief. Zia also might have scores to settle with Shafiullah since he was not made army chief.

"Khaled Mosharraf directed the whole event from behind the scenes following the discord.

Mamun continued: "Not only a few army officers were involved with Aug 15 event. The high-ranking officials were also involved.

"A K M Mohiuddin Ahmed (lancer) and other convicts were army officers. Bangabandhu was the commander in chief of the army.

"Col Jamil, Sheikh Jamal and one army member were also killed in that event.

"The trial of the killing of the four including Bangabandhu should be held under the Army Act," Mamun opined.

And the trial of the killings of Bangabandhu's wife, Sheikh Kamal, Sheikh Russel and others should be held under general law.

"There should have been two trials. Since one trial was held, it was illegal.

"The trial of the killing should be cancelled," Mamun said.

The Appellate Division has been given the authority to order investigation and re-trial in line with the provision of article 104 of the constitution, he pointed out.

Mamun claimed again that his client lancer Mohiuddin was innocent and should be acquitted of the charges.

Presenting testimonies of various witnesses, Mamun said in the hearing that Syed Faruk Rahman was not happy on being overlooked for promotion. He was also angry with the Bangabandhu family.

The court asked him to speak about main points.

Mamun said: "The law and order deteriorated at that time. There was discontent in the army after it was tasked to recover arms, Bangladesh Rifles to prevent smuggling and Rakkhi Bahini to assist the police.

"Col (Abu) Taher had asked Shafiullah to leave his post in 1974. He also wrote an essay against Maj Ziauddin Sarker. He was ousted from his job as he did not withdraw his write-up. All these helped grow discontent in the army."

The court asked him: "What is the relevance with them?"

Mamun said: "Shafiullah in his testimony said he had queries about Bangladesh Krishak Sramik Awami League (BKSAL)."

"Is that the reason you were talking about mutiny?" the court asked.

Mamun said: "Motive is a crucial element in the criminal case. There was also discontent in the army over salaries."

The court asked Mamun to give his explanation about the mutiny.

Mamun said: "The scenario of the mutiny would be clear if the role of the army on Aug 14 and 15 were analysed. The army chief had instructed to launch drive to thwart the mutiny. But the order was not followed.

"Since Zia and Khaled Mosharraf were dead their testimonies could not be taken. Their role could be understood following others' testimonies."

On the delay of filing the case Mamun said: "A case was filed [after the Nov 3 killings of four national leaders inside Dhaka Central Jail in 1975]. It is not acceptable that the case regarding Aug 15 was filed 21 years later."

He disagreed with the High Court ruling. "The High Court ruling was not any ruling at all. It can be termed as an opinion."

The court then told him to speak about the late submission of appeal on behalf of lancer Mohiuddin.

"Where is the order of pardoning the late submission of appeal?" the court asked.

Mamun said that the matter was mentioned in the order of leave to appeal of the Appellate Division.

Khan Saifur Rahman presented his arguments for a while after Mamun concluded his presentation.

Saifur will present his arguments for 10 minutes the next day. State counsel Anisul Haque will start his presentation then.

Mamun had earlier argued for another death convict appellant, retired Major Bazlul Huda. Next, Khan Saifur Rahman argued for two appellants--dismissed Lt Col Syed Faruq Rahman and Mohiuddin Ahmed (artillery).

Abdur Rezzak Khan, counsel for death convict retired Lt Col Sultan Shahriar Rashid Khan, concluded his arguments on Wednesday.

The court had asked Mamun on Wednesday to make his presentation based on facts and testimony.

As per rules, it is the prosecution's turn to present its statements after the defence is through with the same.

On Oct 5, the freshly formed bench began hearing the appeals against previous court sentences for hanging the accused in the case for assassinating the nation's founding father in 1975.

Its progress has depended upon the political dispensation in power. None was allowed to file a case immediately after the assassination.

The government of Khandker Mustaque Ahmed that was installed after the bloody military coup passed an ordinance in November that year indemnifying the perpetrators and closing the door on the possibility of a trial.

The Awami League government revoked the indemnity ordinance in 1996 and cleared the way for the trial. Then, Sheikh Mujib's personal assistant Muhitul Islam filed a case on Oct 2, 1996 with Dhanmondi Police Station against 24 persons.

On Nov 8, 1998, Dhaka sessions judge Golam Rasul awarded death sentences to 15 of the 20 accused. Four of the convicts—Major (retd) Bazlul Huda, Lt Col (dismissed) Syed Faruk Rahman, Lt Col (retd) Sultan Shahriar Rashid Khan and Lt Col (retd) Mohiuddin Ahmed—appealed to the High Court against the verdict.

On Dec 14, 2000, the High Court gave a split verdict in the case—Justice Md Ruhul Amin upheld death sentences of 10 of the convicts but Justice A B M Khairul Haque retained death sentences of all the 15.

On April 30, 2001 Justice Mohammad Fazlul Karim of a third High Court bench upheld death sentences of 12 and acquitted three.

Of the 12 death convicts, four appealed against their sentence in the Appellate Division in the same year.

Another death convict, retired Lt Col (lancer) A K M Mohiuddin, made an appeal from jail after he was deported from the United States on June 18 last year.

Of those having received death sentence, former Lt Col Abdur Rashid, Lt Col Shariful Haq Dalim, Lt Col Noor, Risalder Moslemuddin, Lt Col Rashed Chowdhury and Capt Majed are absconding.

The detained death convicts are dismissed Lt Col Syed Faruk Rahman, retired Lt Col Sultan Shahriar Rashid Khan, retired Lt Col Mohiuddin Ahmed (artillery), retired Major Bazlul Huda and retired Lt Col A K M Mohiuddin (lancer).

Absconding convict Aziz Pasha died in exile in Zimbabwe.

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