Dhaka, Oct 28 (bdnews24.com)–The Supreme Court ended hearing appeals by death convicts for the 18th day on Wednesday in the president Sheikh Mujibur Rahman assassination case.
Abdur Rezzak Khan, counsel for death convict retired Lt Col Sultan Shahriar Rashid Khan, concluded his arguments while Abdullah Al Mamum began his presentation for retired Lt Col A K M Mohiuddin (lancer).
He had earlier argued for another death convict appellant, retired major Bazlul Huda. Later Khan Saifur Rahman argued for two appellants--dismissed Lt Col Syed Faruq Rahman and Mohiuddin Ahmed (artillery).
At the beginning of his arguments, Mamun told the five-judge Appellate Division bench headed by Justice Mohammed Tafazzal Islam: "My client is getting the opportunity to speak in the court for the first time."
The court said, "How can you get the opportunity to defend yourself if you keep eluding justice? You would not be present in the court if you were not deported to Bangladesh from the United States."
Mamun will continue with his arguments on Thursday. The court has asked him to conclude by the day. The hearing ran until 1:30pm from 9:45am.
The court also told Mamun to make his presentation based on facts and testimony.
Mamun said, "The name of Mohiuddin was not in the First Information Report of the case. There are three Mohiuddins in this case. One is artillery, another is lancer and the third one took Bangabandhu's body to Tungipara."
"The complainant of the case did not name any lancer Mohiuddin in his testimony."
The court said, "The complainant did not mention the name of lancer Mohiuddin in the first information report of the case. Now will you forcefully insert the name 'lancer Mohiuddin in his testimony?"
"Say who mentioned the name of Mohiuddin. Point out the area where you will get the advantage."
Mamun quoted the witness in the case and the guard at Sheikh Mujib's house, Abdul Kuddus, as saying, "Bazlul Huda shot Sheikh Kamal. Then Mohiuddin with others went upstairs. Bazlul Huda and Noor also went to the first floor."
"Lancer AKM Mohiuddin brought Bangabandhu downstairs. Then Noor told Mohiuddin something in English. Mohiuddin then stepped aside.
"Bangabandhu told Huda and Noor: "What do you want?" Bazlul Huda and Noor the shot him from sten guns."
"Bangabandhu then fell over the stairs taking the bullets."
Mohiuddin could be hurt by bullets if he were at the narrow stairs as those bullets were frangible. Because, the bullets hit complainant Muhitul and chief security officer DSP Nurul Islam through windows."
"So, it proved that he was not at the scene."
The court asked him: "Have you seen the stairs. Is there any mention of width and length of the stair in the testimony? It is irrelevant how much wide and long the stair was. "
"This question cannot be placed here. It is not a magistrate court."
The court asked him not to deliver any statement based on general ides and without facts and evidence.
"I am talking about the discrepancies in the testimony. Witness Abdul Kuddus said he had seen many bullet marks on Bangabandhu's body."
"Mohiuddin, of course, would have received bullets being at the side of the stairs if two had fired simultaneously."
The court then said, "Mohiuddin is not a novice like you and me. He is a trained army member. He knows what sten gun is. What its bullet is and where it will hit."
Not only two bullets were fired, rather massive firing had taken place. All these proves that Mohiuddin was not present at the scene."
In another context, Mamun said, "It was dark then, even at the stairs. Witness guard Kuddus did not say anywhere that there was light at the stairs. Kuddus did not say in his testimony if he had known Mohiuddin or seen him before."
"But, he said while being questioned that it is not true that he had not known Mohiuddin before."
The court said, "It means Abdul Kuddus had known Mohiuddin before. This statement goes against your client. You should not have asked this question on the defendant's behalf during cross-examination."
Mamun also said, "Witness Abdul Gani said in his testimony that he had seen Mohiuddin coming into the house from the eastern side firing and saying 'Hands up'. But, he did not see him getting down from or in to the car."
"There is no accusation of killing against my client. He is accused of only bringing Bangabandhu downstairs. But, Mohiuddin did not bring Bangabandhu downstairs. How much logical it is to accuse somebody upon identification?"
Continued the counsel: "Awami League was in power when the defendants were arrested in 1996. The government then could put these defendants to 'crossfire' if it so wished."
"But, they have rather been put on trial as there involves the question of law and humanity."
"So, I want to present my arguments."
Rezzak, counsel for Shahriar Rashid, earlier said Rashid had not been present at Bangabandhu's house during the assassination. On Khaled Moshrraf's order, he went to the radio station.
As he concluded his arguments, Rezzak repeatedly told the court that his client Shahriar Rashid was not involved in the Bangabandhu killing.
"One cannot be given death sentence if one is not directly involved with a killing," he told the court at the previous day's hearing.
Rezzak, like other defence counsels before him, questioned the roles of army chief Shafiullah and deputy army chief Ziaur Rahman on that fateful night.
The freshly formed bench headed by Justice Mohammed Tafazzal Islam began hearing the appeals on Mujib murder case on Oct 5.
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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