The New Nation - Internet Edition

Staff Reporter

The High Court in a crucial judgment in jail killing case yesterday acquitted life convicts lt col (dismissed) Syed Farook Rahman, retired lt col Sultan Shahriar Rashid Khan, retired majors Bazlul Huda and AKM Mohiuddin of the charges, and upheld death sentence for Risladar Moslemuddin.

It acquitted two fugitive death convicts Dafadar Marfat Ali and Abul Hashem Mridha.

The court upheld life sentence for eight of the 12 convicts.

They are Khandaker Abdur Rashid, lt col artillery, Shariful Haque Dalim, lt col SHMB Nur Chowdhury, lt col MM Rashed Chowdhury, major Ahmed Sharful Hossain, captain Abdul Mazed, captain Md Kismat Hashem and captain Nazmul Hossain Ansar.

The bench of justice Nozrul Islam Chowdhury and Ataur Rahman Khan handed down the judgement following appeals.

The court on Aug 18 started delivering its verdict on the appeals by the convicts against the judgement of the trial court.

State counsel advocate Anisul Haque termed the verdict 'unfortunate and a farce'.

Also acquitted are condemned "killers" Dafadar Marfat Ali Shah and Dafadar Abul Hashem Mridha. The HC only affirmed the death sentence against Risalder Moslem Uddin Ahmed for the gruesome killings staged on November 3, 1975 in Dhaka Central Jail.

Farooq, Shahriar, Mohiuddin and Bazlul Huda earlier had applied to the High Court seeking to overturn the trial court judgment that had awarded them life imprisonment.

However, these four retired army officers cannot walk to freedom since they were already condemned to death in the Bangabandhu murder case related to the assassination of the country's independence leader Sheik Mujibur Rahman along with most members of his family in the August 15, 1975 military putsch.

After the assassination of independence leader Sheikh Mujibur Rahman on August 15, 1975, four close political colleagues - Syed Nazrul Islam, Tajuddin Ahmed, M Monsur Ali and AHM Qamaruzzaman who ran the provisional government of Bangladesh at Mujibnagar - were killed inside the jail on November 3, 1975. These leaders were also influential members of the slain President Sheikh Mujibur Rahman's government.

The following day the then deputy inspector general of police Abdul Awal filed a case with Lalbagh Police Station against four persons.

After the Awami League took office in 1996, police on October 15, 1998 - 23 years after the case was filed - submitted charge sheet against 23 people including accused Moslemuddin and Farook.

The jail killings were seen as a desperate bid of power usurpers amid a political vortex, 79 days after the assassination of Bangabandhu Sheikh Mujibur Rahman and his family members on August 15.

On October 20, 2004, a trial court in Dhaka sentenced three rankers-- Risalder Moslemuddin Ahmed, Dafadar Marfat Ali Shah and Dafadar Abul Hashem Mridha--to death and awarded life imprisonment to 12 mid-level army officers for the carnage in custody. Dhaka metropolitan sessions judge Md Motiur Rahman gave the verdict after the trial had run six years.

The trial court had acquitted four politicians-cum-junior ministers of Sheikh Mujib's government-KM Obaidur Rahman, Shah Moazzem Hossain, Nurul Islam Manzur and Taher Uddin Thakur.

Condemned fugitive Risalder Moslemuddin Ahmed and acquitted Dafadar Marfat Ali Shah and Dafadar Abul Hashem Mridha have been on the run long since.

The remaining eight lifers who remain absconding will not enjoy the benefit of the High Court judgment since they did not apply for redress--the trial-court judgment stands in operation against them.

The close relations of the accused were present in the court that concluded the judgment amidst tight security.

Adv Anisul Huq, who conducted the case for the State, told reporters that the government would move to the Appellative Division against the High Court orders.

Additional Attorney General Mansur Habib, Nurul Islam Sujan, Mosharraf Hossain Kajol, SM Rezaul Karim, Momtaz Uddin Mehedi, Barrister Fazle Noor Tapash and Motahar Hossain Saju assisted Anisul Huq.

Former Additional Attorney General Abdur Rezzak Khan and Syed Mizanur Rahman appeared for Shahriar and Farooq respectively while Abdullah Al Mamun for Mohiuddin and Huda.

Adv Abdul Hannan conducted the case as the State Defence for three fugitives-Moslem Uddin, Marfat and Mridha.

The convicts moved the High Court immediately after the verdict. Lancer Mohiuddin was extradited from the United States last year and he appealed against his conviction from jail.

The High Court started hearing the appeals against the trial court verdict and death references on July 13 after four years.