Dhaka, Oct 27 (bdnews24.com) – A defence counsel, speaking of the army leaders' reactions on the night of Aug 15, 1975 assassination, told the Supreme Court on Tuesday that deputy army chief Ziaur Rahman on hearing the news had replied, "So what?"
The five-judge Appellate Division bench headed by Justice Mohammed Tafazzal Islam ended the 17th day's hearing of the appeals proceedings in the Bangabandhu Sheikh Mujibur Rahman assassination case at around 1:30pm that began at 9:50am.
Abdur Rezzak Khan, counsel for death convict Sultan Shahriar Rashid Khan, presenting a witness' testimony, said: "Ziaur Rahman was told that the president was dead.
"Zia in his reply said, 'So what? The vice president is there. Uphold the constitution.'"
Rezzak went on to question army chief Gen Shafiullah's role on the night, implying he had done nothing to prevent the killings on that night.
On the night of killings, president Sheikh Mujibur Rahman had called Shafiullah and asked for help, Rezzak said.
"He told Shafiullah: 'Send your force. My house is under attack. Sheikh Kamal might be killed'.
"Shafiullah only replied, 'I am trying to do something. Can you leave your home?'"
Rezzak said the army chief did not act that night to prevent the killings.
"Shafiullah, only later, tried to reach Mujib by phone again, at 6am, but got no reply," said the counsel.
Rezzak said Shafiullah had ordered others, including Ziaur Rahman, Shafayat Jamil, Khaled Mosharraf and Rakkhi Bahini forces, to rescue Sheikh Mujib and his family.
"Shafiullah then went to the 46th Brigade office where army members were celebrating," said the counsel.
The court said: "Perhaps the army chief was a coward. He may have been scared to act. But how is your defendant Shahriar Rashid benefited from that argument?"
Rezzak in his reply said the main players and coordinators of the Aug 15 killings remained untouched.
He said Shahriar Rashid was not even present at the scene and a person cannot be charged if they are not present at a scene unless a common intention in a shared plot is proven.
Rezzak argued that the killings could not be the result of a plot by just a handful of individuals.
"Though a plot was frequently spoken about, nowhere in the trial ruling the specific names of the plotters are mentioned," said Rezzak.
"The president phoned Rajarbagh Police Control Room, Gana Bhaban, Bangabhaban and many other places for help that night but nobody received the calls."
He said: "Shafiullah had requested Bangabandhu to leave his home that night, but that was nothing but an act."
"I questioned Shafiullah in the trial court about his role that night. He said that he had been 'at gunpoint' that night."
"I said to him you had been the army chief for 16 years at that point. Why should you be afraid of a gun pointing at you?"
Rezzak said Shahriar Rashid was not involved with the killings at all. "The question is whether identifying Shahriar Rashid as a beneficiary of the event is enough to give him death sentence."
"One cannot be given death sentence if one is not directly involved with a killing," he said.
Rezzak said after Aug 15, 1975, the then BDR chief Kholilur Rahman was made chief of defence staff and Shahriar Rashid was appointed as Kholilur Rahman's staff officer.
Both Kholilur Rahman and Shahriar Rashid had the same role on Aug 15, said Rezzak.
"But Kholilur is the witness and Shahriar Rashid is the convict in the case."
Rezzak also told reporters, after Tuesday's hearing, and citing examples of Indian Supreme Court rulings that the split High Court verdict in the Aug 15 case could not be termed "a complete ruling".
"I have presented the inconsistencies of the High Court ruling before the court," he said.
The High Court in its observation mentioned Shahriar Rashid as a "beneficiary" of the killings, he said.
But, Rezzak said, on Gen Shafiullah's own statement the then army chief had talked with Bangabandhu last on Aug 15.
"Bangabandhu had sought help from him. But he only said: 'Sir, can you get out of the house? Let me see what I can do for you.'"
"These statements cannot be accepted from an army chief," Rezzak said.
Two lawyers had so far concluded their arguments for their respective clients. Barrister Abdullah Al Mamun contended for retired Major Bazlul Hua and retired Lt Col A K M Mohiuddin (lancer).
Advocate Khan Saifur Rahman argued for dismissed Lt Col Syed Faruk Rahman and retired Lt Col Mohiuddin Ahmed (artillery).
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 Mujib 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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