Dhaka, Oct 11 (bdnews24.com)—The conspiracy to kill president Sheikh Mujibur Rahman started in Comilla, was finalised in Dhaka Cantonment and culminated in the formation of Khandaker Mustaque Ahmed's cabinet.
The five-judge bench of the Appellate Division led by Justice Mohammed Tafazzal Islam heard the observation by one of the High Court judges when it resumed hearing the appeals by death convicts in the Bangabandhu murder case for a fifth day on Sunday.
After the hearing, chief state counsel Anisul Haque told reporters, "Justice A B M Khairul Haque, after considering the witnesses' evidence and lawyers' deliberations, found that the conspiracy had begun at former president Khandaker Mustaque Ahmed's Daudkandi home and Comilla BARD (Bangladesh Academy for Rural Development)."
"The case details said the killing plans were made in a meeting by retired Lt Col Sultan Shahriar Rashid Khan and Mahbubul Alam Chashi, which led to the assassination of Sheikh Mujibur Rahman on Aug 15, 1975," the counsel said.
"Justice Haque found that the killing was accomplished after a massively planned conspiracy, which began on March 1975, though some of the plotters were not directly involved with the killing."
Resuming after the weekend break, the hearing started at 9:50am with barrister Abdullah Al Mamun, counsel for convicts retired major Bazlul Huda and retired lt col A K M Mohiuddin, resuming reading out from the paperbook containing the ruling by Justice Haque.
Mamun read out pages 1140 to 1240 from the paperbook, which includes statements of witnesses and defendants, First Information Report, charge sheet, verdicts of the trial and higher courts, among other things.
Anisul told reporters that in the High Court verdict Justice Haque had presented the arguments of all sides. He had also presented several examples of cases of some countries stating some sections of the law.
"In his deliberations, then chief counsel Sirajul Huq stated that Ziaur Rahman was appointed the deputy chief of army staff. The convicted army personnel had met several times with Mustaque at BARD and plotted the conspiracy, which was finalised at Balurghat in Dhaka Cantonment."
Anisul said the conspiracy that began in March 1975 culminated in the formation of Mustaque's cabinet.
After the hearing, Mamun told reporters reading out of the verdict was taking place. Statements have been given on conspiracies. It has been said on behalf of the convicts that they were not behind any conspiracy.
"No charges for conspiring can be formed when an incident is stretched to a murder case, as the punishment for both conspiracy and murder are life sentences.
"But Justice Haque did not agree with it in his verdict, where he said conspiracy did take place and a separate charge will be pressed for that," Mamun added.
The counsel said, "Bazlul Huda's lawyer had sought separate trial for each killing, but the appeal was not accepted."
"Citing then army chief (K M) Shafiullah in his ruling Justice Khairul Haque said Shafiullah was appointed as army chief on April 7, 1972. But Ziaur Rahman was one step senior to him and so he was disappointed."
Moreover, some unpleasant incidents took place then in the name of arms recovery. Rakkhibahini was formed to assist the police, though a vested group made propaganda that it would replace the army, he said.
Barrister Mamun said, "Col (Abu) Taher lost his leg in the independence war, but he was kept in the army considering him as a freedom fighter. Col Taher went to general Shafiullah's office to meet him in the beginning of 1974 and told him to leave the position of the army chief to Ziaur Rahman."
"During that time Col Ziauddin wrote an article criticising the government, which general Shafiullah asked him to withdraw. Later, the army chief took him to Bangabandhu and later he sacked Col Ziauddin for not withdrawing the article," Mamun said.
The apex court on Thursday heard an allegation that Ziaur Rahman was probably involved in the Aug 15 incident.
Death convict retired Lt Col A K M Mohiuddin had made the inference in his confessional statement in 1996 that Zia had a hand in the events since he did not take punitive measures against Lt Col (dismissed) Syed Farukur Rahman and Shahriar Rashid who had been involved in the bloody coup in which Mujib was killed.
The statement which Mohiuddin (artillery) gave on Nov 27 that year before then additional chief metropolitan magistrate Mohammed Habibur Rahman was delivered before the five-judge Appellate Division bench now hearing the appeals of five convicts for a reversal of their death sentences.
Mohiuddin also said discontent was raging in the army at the time and a rebellion was in the offing.
Faruk and Shahriar had been keeping in contact with then army chief of staff Ziaur Rahman to tackle the situation, but Zia expressed his inability to do anything.
The freshly formed bench headed by justice Mohammed Tafazzal Islam began the hearing appeals on Mujib murder case on Oct 5.
A day before, chief justice M M Ruhul Amin constituted the bench with justices Mohammed Abdul Aziz, Bijoy Kumar Das, Mohammed Mozammel Hossain and Surendra Kumar Sinha being the other members.
None was allowed to file a case immediately after the assassination of the president and independence hero 'Bangabandhu' Sheikh Mujibur Rahman on Aug 15, 1975.
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, President Sheikh Mujibur Rahman'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 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 submitted 'leave to appeal' in the Appellate Division in the same year.
Another death convict, lancer AKM 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.
Absconding convict Aziz Pasha died in exile in Zimbabwe.
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