Dhaka, Nov 3 (bdnews24.com) – A brutal chapter in the country's history is yet to be concluded, 33 years after the assassination of four national leaders in Dhaka Central Jail, as the prosecution waits to file its appeal against the recent High Court acquittals in the Jail Killings Case.
"We will continue the legal battle in the Jail Killing Case," state counsel advocate Anisul Haque told bdnews24.com on Sunday.
"We have still not received a certified copy of the HC verdict. We will prepare to file an appeal against the verdict as soon as we get the copy," Haque said.
The slain leaders—acting president of Bangladesh Syed Nazrul Islam, prime minister Tajuddin Ahmed and cabinet ministers M Mansur Ali and AHM Qamruzzaman—were senior ministers in the wartime cabinet of Sheikh Mujibur Rahman.
They were killed on Nov 3 1975, less than three months after Mujib himself was assassinated.
The Jail Killing Case was revived in 1996, but a verdict handed down by the court on Oct 20 2004 was never carried out.
Three former army officials were given the death penalty for their role in the custodial killings, 12 suspects were awarded life sentences, and five were acquitted by the trial court.
High Court acquittals
The HC bench of justices Nazrul Islam Chowdhury and Ataur Rahman Khan started delivering a verdict in August on appeals by the convicted against the sentences handed down by the trial court.
On Aug 28 this year, the HC judges acquitted four convicted to life imprisonment in the case—Lt Col (dismissed) Syed Farook Rahman, Lt Col (retd) Sultan Shahriar Rashid Khan, Maj (retd) Bazlul Huda and Maj (retd) AKM Mohiuddin—and upheld the death sentence of Risladar Moslemuddin.
They also acquitted two fugitives convicted to death, Marfat Ali and Abul Hashem Mridha.
The court gave no further ruling on life sentences of eight others: Khandaker Abdur Rashid, Lt Col (artillery) Shariful Haque Dalim, Lt Col SHMB Nur Chowdhury, Lt Col MM Rashed Chowdhury, Maj Ahmed Sharful Hossain, Captain Abdul Mazed, Captain Md Kismat Hashem and Captain Nazmul Hossain Ansar.
Prosecutor Anisul Haque termed the verdict "unfortunate and a farce".
"I am disappointed with the verdict. We will appeal to the Supreme Court," said the advocate at the time of the verdict.
"We will continue our legal battle. We have faith in the apex court. We hope that we will get justice there."
Barrister Abdullah Al Mamun, lawyer for the acquitted Huda and Mohiuddin, told bdnews24.com that the prosecution was preparing to file a regular appeal with the Supreme Court against the HC ruling.
"But it is uncertain when the hearing will take place and the trial will be resolved," the lawyer said.
"It could take two years … in such cases," he said.
23 years to press charges
The original case was filed by the then deputy inspector general of police, Abdul Awal, against four people, the day after the killings inside Dhaka Central Jail.
Only after Awami League came to power (in 1996), did police press charges against 23 people on Oct 15 1998 – 23 years after the case was first filed.
Dhaka metropolitan sessions judge Md Motiur Rahman handed down a verdict on Oct 20 2004, after the trial had run on for six years.
The court awarded death sentences to Moslehuddin, Marfat Ali and Mridha, and sentenced 12, including Farook, Shahriar Rashid and Huda, to life.
The court cleared five, Maj (retd) Md Khairuzzaman, KM Obaidur Rahman, Shah Moazzem Hossain, Nurul Islam Monjur and Taheruddin Thakur, of all charges.
The convicts immediately moved the High Court against the verdict. Mohiuddin, meanwhile, was extradited from the US last year and appealed against his conviction from jail.
The High Court began hearing the appeals after four years, on July 13 this year.
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