Dhaka, Oct 29 (bdnews24.com)—The resolution of Bangabandhu murder case was delayed as the judges felt embarrassed, a defence counsel said on Thursday.
"The trial court gave its verdict in 1998. This is 2009. The appeals hearing in the case is not finished yet," barrister Abdullah Al Mamun, counsel for death convict retired Lt Col A K M Mohiuddin (lancer), told reporters after the hearing of Bangabandhu murder appeals.
"The delay is not for the convicts, but for the judges' embarrassment," he said.
The Supreme Court could not conclude the arguments hearing on Thursday as Mamun, the last defence counsel, failed to finish his presentation.
The five-member Appellate Division bench headed by Justice Mohammed Tafazzal Islam began the hearing at around 9:45am and ended it at 1:30pm.
Mamun claimed in the hearing that his client was innocent.
He said the death convicts have been suffering ordeal on the death rows for the last 14 years after the trial court verdict due to late resolution of appeals.
On Nov 8, 1998, Dhaka sessions judge Golam Rasul awarded death sentences to 15 of the 20 accused after holding hearing for 150 workdays. The High Court began hearing the reference on June 28, 2008 after several judges declined feeling embarrassed.
On Dec 14, 2000, the High Court gave a split verdict in the case after hearing for 63 working days.
He said that the death sentence of the convicts may be commuted to life imprisonment even after upholding the sentence.
Referring to article 35 (5) of the constitution, Mamun said the convicts had legal and human rights in trial and punishment.
"Nobody can be tortured inhumanly. This is the human right of a convict."
Citing examples of UK's Privy Council, Trinidad, Jamaica he said it took long time to resolve appeal of the death convicts and their sentence was exempted.
"The rulings mentioned that the death convicts suffered ordeal from the day they were behind bars due to delay of trial proceedings.
"As per law one's appeal should be resolved soon on scrutiny if one is proved convict.
"But the convicts have been suffering for 14 years due to late resolution of Bangabandhu murder case appeals," he pointed out.
On the confessional statements given by Mohiuddin Ahmed (artillery), dismissed Lt Col Syed Faruk Rahman and retired Lt Col Sultan Shahriar Rashid Khan, Mamun said there were discrepancies between their statements.
"There is no similarity between one's statement and another. Nobody said anything about the purpose of killing Bangabandhu.
"Discontent brewed over Rakkhi Bahini, closure of newspapers and facilities of the army.
"They wanted to realise a declaration from Bangabandhu. They only said in their statements Bangabandhu would have to face trial if he declined to come. Nobody told anything about killing him."
Mamun said charges of killing and conspiracy of killing against lancer Mohiuddin were not proved.
"He is innocent. Since no witness said that he was directly involved in the killing he deserves to get acquittal."
Replying to a query, Mamun said: "The Bangabandhu killing is a heinous act. We want the trial. But we want to be careful so that the innocent people do not get punishment instead of the real criminals.
Mamun said he would present arguments on the delay in the submission of First Investigation Report and the ruling of a third High Court judge at the next hearing.
He has been given one more hour to wrap up his statements at the next hearing scheduled for Sunday.
At the start of the hearing the court asked Mamun to show under which act they had filed the application, appealing the court to pardon the late submission of appeal (9 years 7 months 17 days) on behalf of lancer Mohiuddin.
Mamun was also asked to show the order.
Mamun in his reply said the court had accepted the application pardoning the late submission when the appeal was received for hearing.
Mentioning the inconsistency between the statements of witnesses LD Bashir and LD Sirajul Haque, he said there was difference between their statements about the presence of lancer Mohiuddin at 5am at Bangabandhu's house.
One said lancer Mohiuddin was 80 yards away from Bangabandhu's house while another said he came in front of the house along with six tanks at around 4:30am. He was sitting in the front seat.
There was also discrepancy between statements of witness Abdul Gani and LD Bashir Ahmed about identifying Mohiuddin.
Gani said he did not recognise Mohiuddin, he only recognised Noor Chowdhury and Bazlul Huda while Bashir said he recognised Mohiuddin.
The court said the similarity between their statements is that lancer Mohiuddin had entered the House 32.
Presenting the testimony of witness Dafader Shafiuddin Sarder Mamun, Mamum said Sarder said after bringing breakfast from the cantonment that he had come to know that lancer Mohiuddin was present in front of Bangabandhu's house at that time.
The court asked Mamun what he had meant by 'at that time'. Mamun said it meant after the occurrence.
The court asked Mamun to give his presentation about the presence of Mohiuddin in front of the house before the occurrence.
Presenting reference of 11 witnesses on the elements of plot he said there was no element involving Mohiuddin's connection with the plot.
Presenting the statement of artillery Mohiuddin he said president Sheikh Mujib was supposed to attend a programme at Dhaka University on Aug 15 morning. That day he was supposed to announce dynasty.
Artillery Mohiuddin also mentioned about toppling Sheikh Mujib in his statement, Mamun said.
The court asked him whether he depended on artillery Mohiuddin's statement.
Mamun replied that he was just presenting the inconsistencies of the statements of the witnesses.
Lancer Mohiuddin was handed down the sentence based on statement of witness Sirajul Haque, he said.
Presenting testimonies of witnesses Maj Ziauddin Ahmed, Col Shafayet Jamil and Maj Gen Kholilur Rahman, Mamun said the three had seen lancer Mohiuddin at Bangabhaban and Radio Station.
But staying at Radio Station does not mean that he was involved with the plot. So Mohiuddin was not involved with the plot, he contended.
At the end of the hearing Mamun was asked to wrap up his arguments in an hour on Sunday. The court advised him to present his deliberation in a written statement if necessary.
Mamun had earlier argued for another death convict appellant, retired major Bazlul Huda. Next, Khan Saifur Rahman argued for two appellants--dismissed Lt Col Syed Faruq Rahman and Mohiuddin Ahmed (artillery).
Abdur Rezzak Khan, counsel for death convict retired Lt Col Sultan Shahriar Rashid Khan, concluded his arguments on Wednesday.
The court told Mamun Wednesday to make his presentation based on facts and testimony.
As per rules, it is the prosecution's turn to present its statements after the defence is through with the same.
The freshly formed bench began hearing on Oct 5 the appeals against previous court sentences to hang them in the case regarding the assassination of the nation's founding leader 'Bangabandhu' Sheikh Mujibur Rahman.
Its progress has depended upon the political dispensation in power. None was allowed to file a case immediately after the assassination of the independence architect 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, 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.
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