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Published : 15 Jan 2013, 03:50 PM
He made the statement at the Appellate Division of the Supreme Court during the hearing on an appeal filed against a High Court verdict that acquitted six former army personnel in the case.
Later, Attorney General Mahbubey Alam took part in the hearing.
After Haque placed the statements made by seven prosecution witnesses out of 64 before the court, the six-member bench headed by Chief Justice Md Muzammel Hossain adjourned the hearing until Jan 22.
Barrister Abdullah Al Mamun, the defence lawyer appointed by the court in the case, was also present during the proceedings.
Referring to the case details and statement of one prosecution witness, Haque told the court: “Four armed army officials entered the jail on that day. A telephone call from the Bangabhaban asked the jail authorities to allow them to do what they want.”
The Chief Public Prosecutor said the case had two aspects – organising crimes and conspiracy. “The armed army officers shot the four national leaders at first and then another group of army officials confirmed their death by piercing bayonets into their stomach.”
“The two groups of army officers were sent following a conspiracy meeting held in the Bangabhaban. So, this issue should be considered. Who would go there (in jail) was also finalised in that meeting.”
Haque continued: “Before the incident, Maj Galib took a glance on the position of the Awami League leaders. Later Maj Faruque made a telephone call from the Bangabhaban to know where they were kept.”
Before the bench went to lunch break, Haque and Attorney General Alam placed their statements for about an hour.
Later Barrister Mamun told bdnews24.com that the killing in the jail was one of the heinous killings in the country’s history.
He, however, claimed innocence of those who were made accused in the case. “They were not involved in the killing; rather a third group might have been involved.”
He said: “I was the defence counsel of two accused in the case in the High Court. They’ve been acquitted. Now I’m representing the fugitive accused upon an order from the Appellate Division.”
A group of disgruntled army officers killed the four national leaders and Liberation War organisers – Syed Nazrul Islam, Tajuddin Ahmed, M Mansur Ali and AHM Qamruzzaman – in the Dhaka Central Jail on Nov 3, 1975.
The Awami League government had begun the trial process after it came to power in 1996. Charge-sheets were submitted against 23 people on Oct 15, 1998.
On Oct 20, 2004, Dhaka's Metropolitan Sessions Court Judge Matiur Rahman had awarded death sentences to fugitives Risaldar Muslehuddin, Dafadar Marfat Ali Shah and Abul Hashem Mridha in the case.
It also awarded life term to Syed Faruque Rahman, Sultan Shahriar Rashid Khan, Bazlul Huda and AKM Mohiuddin Ahmed — who were awaiting execution at the time for the murder of Bangabandhu — and eight others.
But, the High Court in 2008 upon petitions acquitted Marfat Ali, Hashem Mridha, Faruque, Shahriar, Bazlul and Mohiuddin.
On Sep 14, 2009, the government filed the petition for leave to appeal against the High Court judgment. The hearing on the petition began on Nov 7, 2009.
In 2011, the government filed the appeal with the apex court against the HC verdict.
In November last year, it submitted a statement to the SC, praying for upholding the lower court verdict that gave death penalty to three former army personnel and life term to 12 others.
Faruque, Shahriar, Mohiuddin and Bazlul Huda were executed on Jan 27, 2010 in Bangabandhu murder case.
Marfat Ali and Abul Hashem have long been on the run while nobody knows the whereabouts of condemned convict Risaldar Muslehuddin.
