BB murder case.
Stocky77
Verdict on 8 November
By Rashed Chowdhury
The hearing of the case relating to the assassination of Father of the Nation
Bangabandhu Sheikh Mujibur Rahman concluded on 13 October and Judge Kazi Golam
Rasul is set to deliver his judgement on 8 November.
Of the 19 accused, mostly former military personnel, only five are standing
trial and the remaining 14 are being tried in absentia.
Kazi Golam Rasul, the Judge of the District and Sessions Judge's Court,
announced the date of judgement of this sensatinal case at the end of 149 days'
hearing.
Earlier, the Judge fixed the verdict date on 3 November. But he changed the
date in his chamber.
"Someone later in my chamber informed that November 3 coincides with the Jail
Killing Day. That is why the date was changed to November 8", Kazi Golam Rasul
told journalists few minutes after entering into his chamber.
All the 19 persons accused of the murder of President Bangabandhu Sheikh
Mujibur Rahman along with family members on August 15, 1975 in his 32 Dhanmondi
residence, save Taheruddin Thakur, are former army personnel. Five faced the
trial while 14 others are absconding.
They were charged with conspiracy, murder and concealing evidence under
sections 302, 34, 120 (b) and 201 of the Penal Code. If found guilty, a maximum
punishment of death can be awarded under these sections.
Those who faced the trial are : Lt Col Syed Farooq Rahman, Lt Col Sultan
Shahriyar Rashid Khan, Lt Col Muhiddin Ahmed (artillery), Hony Capt Abdul Wahab
Joardar and former state minister for information Taheruddin Thakur.
Absconding accused are: Lt Col Khandokar Abdur Rashid, Maj Bazlul Huda, Maj
Shariful Haq Dalim, Lt Col Rashed Chowdhury, Lt Col Noor Chowdhury, Lt Col Aziz
Pasha, Maj Muhiuddin Ahmed, Maj Ahmed Sharful Hossain, Capt Md Kismat Hashmed,
Capt Nazmul Hossain Ansar, Capt Abdul Majed, Risaldar Moslemuddin, Dafadar
Marfat Ali Shah and LD Md Andul Hashem Mridha.
The FIR of the case was filed with Dhanmondi thana on Oct 2, 1996, after 21
years of the tragic incident. Muhitul Islam, a resident personal assistant of
President Bangabandhu Sheikh Mujibur Rahman, filed the FIR.
CID ASP Abdul Kahar Akhand who investigated into the case accused 24 people
including late Khandokar Mushtaq Ahmed who had assumed the presidency after the
killing of Bangabandhu. Three others -- former Secretary late Mahbubul Alam
Chashi, late Capt Mustafa and late Risaldar Sarwar were dropped from the charge
sheet. Six of the accused were arrested and the trial began with submission of
the charge sheet on January 15, 1997.
As the trial was proceeding in the makeshift court in front of the Dhaka
Central Jail for security reason, one of the accused Begum Zubaida Rashid, wife
of absconding accused Col Rashid, was acquitted by the Supreme Court.
Maj Bazlul Huda is now in a Bangkok prison for being an accused in a shop
lifting case, while few others are said to have taken shelter in Canada, USA
and other countries. The government had sought for extradition of Maj Huda from
Thailand.
During 19 months of hearing of the case, 61 of the 72 listed prosecution
witnesses were examined. The witnesses were mostly army personnel.
Renowned lawyer Advocate Serajul Huq acted as the Special Public Prosecutor who
was assisted by SPP Ramjan Ali Khan, Barrister Anisul Huq, Mosharraf Hossain
Kajal, Shahara Khatun and Saifuddin Hossain while lawyer Khan Saifur Rahman
appeared for Lt Col Farooq, Abdur Rezzak Khan for Lt Col Shahriyar and Hony
Capt Abdul Wahab Joardar, TM Akbar for Lt Col Muhiuddin and Sharfuddin Mukul
for Taheruddin Thakur. State appointed separate counsel to defend the 14
absconding accused.
For more than 21 years no action was taken against those allegedly involved in
the assassination until Sheikh Hasina who was abroad at the time of the coup
led her Awami League back to power on June 23, 1996. In November 1996,
Parliament scrapped an indemnity law which until then protected the coup
leaders.
The prosecution case in brief was that some politicians, civilian and military
officers joined hand and conspired in 1974-75 in different places, including at
BARD in Comilla, and prepared a blue-print of killing Bangabandhu and toppling
his government.
The officers of Artillery and Lancer -- Maj Bazlul Huda, Maj Noor Chowdhury,
Maj Mohiuddin Ahmed (Lancer) and Maj Aziz Pasha as part of plan went to
Bangabandhu's residence on August 15 early morning and carried out the
killings, while others were positioned at different places as per the plan to
control the situation.
However, arguments during the trial focused on whether the killers were
protected and covered by Martial Law and Indemnity Ordinance, whether whole
army was involved in toppling the government of Bangabandhu, whether a third
party, including foreign intelligence agencies and persons like CIA, ISI and
former US State Secretary Henry Kissinger were involved.
Prosecution lawyer Serajul Huq in his argument said that as the Constitution
was not abrogated by President Khandaker Mushtaq Ahmed, so the killers and the
incident will not get protection of the martial law proclamation.
On the other hand, Khan Saifur Rahman, counsel for Col Farooq argued Maj Dalim
in his radio announcement had announced the killing, so martial law promulgated
by Mushtaq on August 20, 1975 with retrospective effect from August 15 will get
the protection of proclamation and indemnity ordinance, which until repeal was
a law.
Prosecution said it was a simple incident murder and only a few army personnel
and civilian were involved with the killings and brushed aside defence claim of
involvement of the whole armed forces.
Advocate Serajul Huq observed the punishment of the killers is necessary to
establish that Bangladesh is a civilised nation and also to establish the rule
of law in the country.
Dblgungho
with the govt in power it will go against the party who is being tried. hanging
these guys who took the command is not going to make the people of BD forget
the era of BAKSHAL. nothing i have read can be proved that farook or huda or
mohiuddin took the shot in killing bb,russel, kemal or others. if this is
murder trial you have to prove that he/she shot him. this is a political trial
so do not go about telling the world it is a murder trial. this is one tool for
BAL to suppress any criticism private or media against the excesses of the
govt. the bnp like the bal was no model govt but they are still the opposition
and their mps are being arrested in the name of trials. this is mockery of the
law not justice. it is stupid to say that the trial was fair when non of the
witnesses had their stories straight. some were not even there, they had read
it in books and publication or dreamed about it and i have no idea for what
reason they stood on the stand unless they were paid handsomely. just watch for
these guys in dhaka or any where around the world driving bmw(her son drives
one that in boston).