The New Nation - Internet Edition

UNB, Dhaka

The Attorney-General for the state yesterday argued that the military cabal involved in the murder of Bangabandhu was tried in the conventional court with clearance from the Army Headquarters and hence the belated defense plea about right of the condemned convicts to be tried at a court-martial doesn't stand.

"Therefore, the convicts had no right to be tried under the Army Act and the trial was held in compliance with the existing laws and prescribed rules," Mahbubey Alam, the chief government law officer, told the Appellate Division of the Supreme Court while making his argument in the Bangabandhu Murder case.

Dismissing another defense argument that it was a case of mutiny leading to murder, the AG said the judges of the High Court Division bench that delivered split opinion on the death-reference cases and the third judge in making conclusive judgment, upon consideration of evidence and material on record, did not find any case of mutiny.

Besides, the AG said, the evidence adduced by the prosecution and materials produced did not support the point of mutiny as claimed by the defense.

"It appeared that if there had been any disobedience or breach of the chain of command of the Army, it was after committing the gruesome murder. The evidences adduced in this case did not say that the murders were committed in course of mutiny rather if anything had happened in the Army it was after the commission of murder."

On the other hand, the judges of the High Court division bench after hearing both sides came to a conclusion that the August 15, 1975 carnage was a case of murder and accordingly they awarded their verdict, the AG observed.

Dismissing as an act of burglary the defense-defined 'mutiny' committed at the predawn hours of August 15, 1975 at the Dhanmondi official residence of then President Bangabandhu Sheikh Mujibur Rahman, the Attorney-General said in no way it was legally justified to call the plot of committing murder as mutiny.

"It was a clear case of a conspiracy with a common intent to commit murder of Bangabandhu and most members of his family that was proved by the evidences and materials on record," he argued.

During the appeal hearing, the AG dubbed Khondaker Mushtaque Ahmed as world's greatest "traitor" and "imposter" who was catapulted to presidency following the August 15, 1975 putsch as claimed by the defense counsel.

Refuting the plea of the counsel for the condemned convicts-all former army officers-Mahbubey Alam argued that the defense is now challenging the jurisdiction of the conventional court by raising the point of mutiny in their futile bid.

"Can jurisdiction of the court be challenged at this state?" the AG posed a question before the apex court that had already resolved the issue.

Citing a Supreme Court decision in a case of Haider Ali Khan vs State, the AG said the jurisdiction of the court below cannot be challenged in appeal at a belated stage.

"So the trial of the convicts on the charges of murder and conspiracy is very much valid and no illegality was done and as such the question of mistrial as claimed by the defense does not arise in the case," the AG held.

The chief government law officer told the five-judge Appellate Division bench that forum of trial is always governed by the procedural law, and the procedure followed in a civil court is much fairer and transparent than that of the procedure followed in court-martial. "And, therefore, the question of prejudice raised by the defense counsel does not at all arise."

Earlier, at the outset of his opening remarks, the AG made a statement, sans legal arguments, eulogizing the charismatic political career of Bangabandhu Sheikh Mujibur Rahman, the architect of Bangladesh.

At one stage, the AG could not check his emotion and tears rolled down his cheeks. The court and lawyers present in the courtroom witnessed him rubbing his tearful eyes with his handkerchief time and again.

The hearing session was adjourned till today.