Dhaka, Jan 12 (bdnews24.com) – The High Court has asked the government to inform it about the whereabouts of four members of the military court that executed Col Abu Taher.
A bench of justices A H M Shamsuddin Chowdhury and Mohammad Zakir Hossain passed the order on Wednesday.
It also asked the government to give details of the four and others involved in decision-making of the court martial, produce the records of the sedition case filed on June 14, 1976 against Taher and 32 others with the Mohammadpur Police Station.
Former president Ziaur Rahman was the Chief Martial Law Administrator of the country at that time.
Col Taher, commander of sector-11 during the Liberation War, and 15 others were executed on July 21, 1976.
Besides, the cabinet secretary has been directed to inform the High Court by Jan 18 about the whereabouts and addresses of high-ranking army officials from November 1975 and August 1976, including Maj Gen Nurul Islam Shishu.
The establishment and defence secretary has been asked to gather information about the whereabouts of the military court members – magistrate Mohammad Abdul Ali and Hasan Morshed, Wing Commander Abdur Rashid and Acting Commander Siddique Ahmed – and inform the court by the same time.
On Tuesday, Maj (retd) Ziauddin Zia and Hasanul Haque Inu MP gave testimonies in the case.
Maj (retd) Ziauddin said Gen Ziaur Rahman wanted to hear nothing but the death sentence of Col Abu Taher. There were some army officials, who fought for the country during the Liberation War, including Maj Monjur, had protested Taher's death sentence.
Inu, president of Jatiya Samajtantrik Dal, said Taher was not given a chance to defend himself during the 17-day secret trial.
On Aug 23 last year, the High Court asked the government to explain within three weeks why the Martial Law regulations under which Col Taher was sentenced to death should not be declared illegal and unconstitutional.
The court also directed the government to produce the records of the trail of Lt Col Taher along with 16 others who were sentenced to different jail terms in a sedition case.
The court came up with the rule and order upon a writ petition filed on Aug 22 last year jointly by Taher's wife Lutfa Taher, his brother Anwar Hossain; and Fatema Yousuf, wife of Yousuf Ali Khan, who was sentenced to life imprisonment in a secret trial on July 17, 1976.
According to the petition, the then administration neither disclosed anything about the trial, charges and execution, nor informed anything to the family members of the victims.
The petitioners claimed that there was no provision for secret trial in the constitution. As per the constitution, all trials have to be done in the open court so that fundamental rights of the accused can be upheld.
There was no provision in the Martial Law Regulation No-16 of 1976 for filing any appeal against the death sentence, which is unconstitutional.
They also said the trial of Taher and 16 others, their conviction and execution were illegal and unconstitutional as the Supreme Court has declared the Martial Law regulation unconstitutional and illegal recently.
The petitioners prayed to the court for directing the government authorities to produce the records of the case and its trial so that they can know the reason behind such trial.
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