Dhaka, Nov 12 (bdnews24.com)–The Supreme Court has set Nov 19 for the final verdict on Bangabandhu murder trial as hearing of appeals by death convicts came to a close on Thursday.
The defence counsels finished their reply to the prosecution's arguments at the 29th day's hearing that ended at 1:15pm.
The five-member Appellate Division bench, headed by justice Mohammed Tafazzal Islam, reconvened at around 9:45am with Khan Saifur Rahman, counsel for convicts Syed Faruk Rahman and Mohiuddin Ahmed (artillery), delivering his arguments.
Barrister Abdullah Al Mamun, counsel for death convicts Bazlul Huda and A K M Mohiuddin Ahmed (lancer), finished his reply to the prosecution deliberations on Wednesday.
Attorney general Mahbubey Alam told reporters after the verdict date was declared: "The nation is eagerly waiting for the verdict."
The chief state counsel in the case, Anisul Haque, said the Appellate Division had accepted the appeals for hearing on five points on July 23, 2007.
They are: the third High Court judge did not give his ruling lawfully, the filing of First Information Report was delayed, army mutiny was held on Aug 15, conspiracies were plotted and the High Court did not properly analyse evidence.
"We have presented arguments on every point. We will get a ruling after 29 days of hearing," Haque said.
"I believe this will play a role for the nation and the rule of law in the country. The waiting has come to an end.
"We are waiting for Nov 19. The time for expressing personal emotion hasn't come yet. "
Sheikh Fazle Noor Taposh, one of the lawyers of the state panel, said: "I will be waiting for the Nov 19 verdict along with the nation."
Taposh is the son of Sheikh Fazlul Haque Moni, who was also killed on Aug 15, 1975.
Another state counsel, former law minister Abdul Matin Khasru said: "The door to the trial of Bangabandhu killing opened this day (Nov 12) in 1996 by revoking indemnity ordinance.
"The trial procedure has ended 34 years [after the assassination]. We hope to get proper justice."
Defence counsels Khan Saifur Rahman and Abdur Rezzak Khan delivered their presentations at the last day's hearing.
Khan Saifur told reporters: "The prosecution failed to give any satisfactory explanation for the late filing of the case.
"Presenting the sections of Army Act we have said the trial should be held under military act."
"The trial cannot be held without Army Act. There is death penalty as well as minor punishment under Army Act. But there is not life imprisonment there."
Khan Saifur evaded a direct reply when asked whether they believed they would get justice.
"I am not a clairvoyant."
On fighting legal battle on behalf of the alleged killers of founding father 'Bangabandhu' Sheikh Mujibur Rahman, he said: "This is a professional work. The relation between a doctor and a patient is the same as that between a lawyer and a client.
"I haven't seen desert in Bangladesh. I don't want to compare it to desert. I see greeneries."
At the hearing, Khan Saifur said army mutiny was held on Aug 15, 1975.
"If there is death due to mutiny the trial should be held under Army Act.
Referring to murder trial of president Ziaur Rahman, he said: "The trial of mutiny was held in Zia killing case, the trial of murder case was not held.
"There was no purpose of killing Bangabandhu when he was brought down from the first floor. Even no direct witness in the case said so.
In the interviews given by Syed Faruk Rahman and Khandaker Abdur Rashid on the London-based Grenada TV, they had said army mutiny was held on Aug 15.
"So army mutiny took place on that day. There was no plan to kill Bangabandhu."
Abdur Rezzak Khan, counsel for death convict Sultan Shahriar Rashid Khan, said his client was not among those who had gone to Bangabandhu's house on Aug 15, 1975 and he did not have any connection with the event.
"Confessional statement was extracted from Shahriar Rashid by remanding him into custody for 17 days," he said.
Citing three examples of the higher court rulings, Rezzak Khan said the confessional statement was not taken in line with proper legal provision.
Citing two examples of Privy Council on unique intention, he said: "There was no unique intention of killing."
Referring to the evidence, Rezzak Khan said: "Shahriar Rashid was not present at House 32 during the event. He went to radio station after the event.
"He joined his job at the order of the chief of general staff, Khaled Mosharraf.
"Shahriar Rashid was appointed as the staff officer of Maj Gen Kholilur Rahman. His role was like Kholilur Rahman's.
"It can be said that of the army officers some were witnesses, some were convicts and some were silent onlookers regarding the Aug 15 event.
"The trial court handed down verdict without analysing the testimony and cross-examination of all the 61 witnesses.
"I am not defending the killers. I am maintaining my duty as a professional.
"We want proper justice. We hope the court will give us that," he said.
After the defence was done, attorney general Alam said: "Today is the 29th day of the hearing. We walked through the desert. Today the court has turned into an oasis.
"Whatever the verdict on the case, no side should be disappointed."
He thanked the court and expressed gratitude for hearing the appeals for so long.
"We have become a part of history. This is a big opportunity," Alam said.
The court thanked all and set the verdict date on Nov 19.
The arguments in the Bangabandhu murder appeals hearing began on Oct 15 after completion of presentation of paper book.
On Oct 5, the newly formed bench began hearing the appeals against previous court sentences to hang some convicts in the case for assassinating the nation's founding leader 'Bangabandhu' Sheikh Mujibur Rahman on Aug 15, 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 Mustaq 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.
bdnews24.com/at/su/bd/1336h.
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Dhaka, Nov 12 (bdnews24.com)–The Supreme Court has set Nov 19 for the final verdict on Bangabandhu murder trial as it ended hearing appeals by death convicts on Thursday.
The defence counsels finished their reply to the prosecution's arguments at the 29th day's hearing on Thursday.
The hearing ended at 1:15pm.
The five-member Appellate Division bench, headed by justice Mohammed Tafazzal Islam, began the 29th day's hearing session at around 9:45am with Khan Saifur Rahman, counsel for convicts Syed Faruk Rahman and Mohiuddin Ahmed (artillery), delivering his arguments.
Barrister Abdullah Al Mamun, counsel for death convicts Bazlul Huda and A K M Mohiuddin Ahmed (lancer), finished his reply to the arguments on Wednesday.
Attorney general Mahbubey Alam told reporters after the the verdict date was declared: "The nation is eagerly waiting for the verdict."
The chief state counsel in the case, Anisul Haque, also said the same.
Sheikh Fazle Noor Taposh, one of the lawyers of the state panel, said: "I will be waiting for the Nov 19 verdict along with the nation," he said.
Taposh is the son of Sheikh Fazlul Haque Moni, who was also killed on Aug 15, 1975.
Another state counsel, former law minister Abdul Matin Khasru said: "The door to the trial of Bangabandhu killing opened this day (Nov 12) in 1996 by revoking indemnity ordinance.
"The trial procedure has ended 34 years later. We hope to get proper justice."
Defence counsels Khan Saifur Rahman and Abdur Rezzak Khan delivered their presentations at the last day's hearing.
Khan Saifur told reporters: "The prosecution failed to give any satisfactory explanation for the late filing of the case.
"Presenting the sections of Army Act we have said the trial should be held under military act."
Abdur Rezzak Khan, counsel for death convict Sultan Shahriar Rashid Khan, said his client was not among those who had gone to Bangabandhu's house on Aug 15, 1975 and he did not have any connection with the event.
Khan evaded a direct reply when asked whether they believed they would get justice.
The arguments in the Bangabandhu murder appeals hearing began on Oct 15 after completion of presentation of paper book.
On Oct 5, the newly formed bench began hearing the appeals against previous court sentences to hang some convicts in the case for assassinating the nation's founding leader 'Bangabandhu' Sheikh Mujibur Rahman on Aug 15, 1975.
bdnews24.com/at/su/bd/1336h.
