No official required to carry out illegal orders, says ICT chief prosecutor

He says the tribunal also orders the confiscation of assets belonging to those sentenced to death

International Crimes Tribunal (ICT) Chief Prosecutor Tajul Islam has said no state official or employee is obligated to obey any unlawful order issued by the government.

He made the remarks on Monday afternoon after the ICT delivered its verdict against eight policemen over the killing of six people in the capital’s Chankharpul area during the July uprising.

Responding to a reporter’s question on whether policemen are required to act strictly in accordance with government directives, Tajul said the message was not limited to law enforcement alone.

“This message is for everyone,” he said.

“No state official or employee is obligated to follow any illegal order of the government. Every official or employee must act according to the law.”

“If a higher authority orders you to do something illegal, you are not obliged to comply,” he added.

“Because you will have to answer for every action you take in court.”

In its verdict, the tribunal sentenced former Dhaka Metropolitan Police chief Habibur Rahman, former DMP joint commissioner Sudip Kumar Chakrabarti, and former additional deputy commissioner of the Ramna region Shah Alam Md Akhtarul Islam to death.

Among the remaining accused, former assistant commissioner of the Ramna region Mohammad Imrul was sentenced to six years in prison, while former Shahbagh police station inspector Arshad Hossain received a four-year sentence. Three police constables — Md Sujan, Imaaz Hossain Emon and Nasirul Islam — were each sentenced to three years’ imprisonment.

Tajul said the tribunal had also ordered the confiscation of assets belonging to those sentenced to death, directing that the seized property be used to compensate the families affected by the killings. The court, he said, would supervise the process to ensure compliance.

Asked about the observations made by the tribunal during the trial, Tajul said the court had noted that while many individuals may have been connected to the events, not all were brought under the case.

He added that formal charges were filed only against those who directly participated in the killings using firearms, following the submission of investigation reports.

When asked whether the death sentences would help deter similar crimes in the future, Tajul said it was not possible to predict outcomes beyond the scope of the law.

“We do not know about the future,” he said.

“The opportunity to appeal will remain as provided under the law, and the verdict will be implemented after the statutory period has passed.”