Thursday, September 3, 2009

Mutineer’s trial: which one lawful army rule or general law?

Mutineer’s trial: which one lawful army rule or general law?
By Jahangir Alam Akash, Who were the masterminds of so-called BDR mutiny nation couldn’t know. When would be clear about mutiny we don’t have no idea. Because, in Bangladesh after every incident from government side says, ‘we would find out the culprits and they should be punished’. But, after some day’s masterminds of the said incident goes to more dark. It’s a culture of Bangladesh. And the killers, criminals are always getting impunity.
On 25-26th February, 2009 at Pilkhana BDR headquarters some of BDR members were revolt and during that time they were mass killings to the meritorious army, looting their money, gold and other wealth’s, mass raped to army officers wife, daughter. By so-called mutineers killed at least 74 persons including 58 meritorious army officers. It was a gross human rights violation after the brutal killings of the father of the nation Bangabondhu Sheikh Mujibur Rahman in Bangladesh.
In spite of we want to do hope that, present government would disclose all the information behind the BDR mutiny to the nation. We believe that only for this, government has been doing something.
Bangladehis newspapers writes (4-9-2009) that, seven of the 10 amice curiae have given opinions against trying BDR personnel accused of different offences committed during the February 25-26 mutiny at the BDR headquarters under the army act. Advocate AF Hassan Ariff and advocate AFM Mesbahuddin were the last to tell the Supreme Court on 3rd September, 2009 that it is not possible to try these offences under the Army Act 1952. Earlier, advocate TH Khan, barrister M Amir-Ul Islam, Dr Kamal Hossain, advocate Mahmudul Islam and barrister Ajmalul Hossain reasoned that the trial of BDR mutineers is not possible under the military law since the BDR personnel are not guided by the law.
Sources said, two amici curiae (friends of court) barrister Rafique-Ul Huq and advocate Khandaker Mahbubuddin Ahmed--had said the mutiny can be tried under the military law by issuing notifications. Barrister Rokanuddin Mahmud, other amicus curiae in the hearing on presidential reference on the mode of the trial--said the reference is "premature" and suggested that the Supreme Court return it to the government.
Mr, T.H. Khan, Rafique-Ul Huq and Hassan Ariff also opposed the government move to send the reference to the Appellate Division through the president. The government itself can resolve the matter, they said during their submissions. The 11-member full bench of the Appellate Division, headed by Chief Justice MM Ruhul Amin, yesterday concluded the hearing on the reference after six days of deliberations by 10 amici curiae. Hassan Ariff told on 3rd September, 2009, the bench that the fundamental rights of the BDR personnel are not ensured under the military law. The provisions of the Army Act 1952 cannot be applied to the BDR personnel involved in the mutiny even through notifications to give the act retrospective effect, he said.
Same sources told, Mesbahuddin told the court that the offenders in the BDR mutiny can be tried at special tribunal under the existing laws. The facts behind the mutiny cannot be unearthed if the matter is not dealt with in the court, he said. Attorney General Mahbubey Alam, however, told the court that the offences committed at the Pilkhana BDR headquarters can be tried under the army act by giving it retrospective effect through a notification. He later told newsmen that the Supreme Court will now send its opinion to the president on the reference. The Supreme Court appointed the 10 senior lawyers as amici curiae on August 19 for hearing their opinions on the presidential reference on whether the offences committed during the BDR mutiny can be tried under the military law.
We want to see fair trial about the real and accused mutineer. We know that, some BDR members already died after torture during the detention. Whole nation are waiting for see the justice regarding BDR mutiny. We also want to see the enquiry report about BDR mutiny and killings. 04-09-२००९

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Jahangir Alam Akash Editor Euro Bangla