Acquittals trigger protests

By Haroon Habib

DHAKA, DEC. 14. The verdict in the Bangabandhu Sheikh Mujibur Rahman murder case, in which one of the two judges acquitted five of the 15 accused persons, triggered instant protests all over Bangladesh, with scores of people, mostly belonging to the ruling Awami League and socio-cultural organisations taking to the streets.

The Prime Minister, Sheikh Hasina Wajed, who declined to comment on the judgment, appealed to the people to have ``patience and not to resort to violence''.

The Home Minister, Mr. Mohammad Nasim, rushed to the Dhaka University campus to defuse mounting tension after the judgment was pronounced. Students staged protests demanding execution of the all the 15 accused - all former army officials - and sentenced to death by a lower court.

The senior judge of the High Court Division Bench of the Supreme Court, Mr. Justice Mohammad Ruhul Amin, upheld the 1998 trial court verdict of death penalty on 10 of the accused but acquitted five. ``These five condemned convicts are acquitted of the charges levelled against them,'' Justice Ruhul Amin ruled.

The other judge on the bench, Mr. Justice A.B.M. Khairul Haq, upheld the entire trial court verdict handing down death sentences to all the 15 accused, saying, ``The death reference No 30 (Bangabandhu murder case) of the 1998 is accepted in respect of all (the 15) accused''.

Another bench will now hear the case because of the split verdict in line with the provisions of the Code of Criminal Procedure, court sources said, adding that the case had been sent to the Chief Justice for action along that line.

Tight security was enforced in and around the crowded Supreme Court complex on Thursday. Justice Ruhul Amin pronounced his verdict first while Justice Khairul Haq followed his colleague with his verdict.

Both the judges took 20 minutes to read out the operative part of the judgment after they arrived at the courtroom around 10.45 a.m. A large number of lawyers, including the Attorney General, journalists, officials and relatives of the convicts were present.

The 10 who received the death sentence are: the former Lieutenant Colonels Syed Farook Rahman, Sultan Shahriar Rashid Khan, Khondoker Abdur Rashid, Shariful Haque Dalim, AM Rashed Chowdhury, AKM Mohiuddin (lancer), SHBM Nur Chowdhury, Mohammad Abdul Aziz Pasha, former Major Bazlul Huda and Captain Abdul Mazed.

Only three of the 10, Farook, Shahriar and Huda, are now in Dhaka Central Jail. The rest have been absconding since the June 1996 general elections which brought back the Awami League back to power 21 years after the assassination of Sheikh Mujibur Rahman. Legal experts, including the chief prosecution lawyer, Mr. Serajul Haq, and Defence Counsel said despite the unanimity on the punishment for the 10, the execution of the verdict would have to wait until the disposal the split part of the judgment by a third judge.

The five acquitted persons are: Former Lieutenant Colonel Mohiuddin Ahmed, Major Ahmed Sharful Hossain, Captains Mohammad Kismat Hashem and Nazmul Hossain Ansar and Risaldar Muslemuddin alias Moslehuddin. Except Lt. Col. Mohiuddin, all are fugitives.

The experts said a third judge, to whom the case would have to be referred, would decide the fate of the convicts. ``The verdict is a verdict, we have nothing to comment, but this trial proved that the rule of law is there in the country,'' Mr. Serajul Haq said after the verdict. He, however, added that the prosecution struggle to prove the case would take some more days to yield result due to the split judgment ``as the High Court part of the trial is yet to be ended''. The defence lawyers, including Mr. Mahbubur Rahman, said they would file an appeal against the verdict after the disposal of the case by the third judge.

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