Mode of BDR mutineers’ trial

Govt to send reference to President for seeking Supreme Court opinion

UNB, Dhaka

The government will send a reference to the President Sunday to seek the Supreme Court's opinion as to which law should be applied for the trial of BDR mutineers, as there have been dilemmas in choosing between military and normal laws of the land.Law Minister Barrister Shafique Ahmed disclosed this to reporters on Wednesday after an inter-ministerial meeting held at the Law Ministry.The decision to seek the Supreme Court's opinion was taken on July 27 as the government could not reach a consensus on fixing the law to try the mutineers of the Feb 25-26 terrible mutiny at the BDR Headquarters and its spillover revolt in different camps of the paramilitary border force across the country.According to available figures a total of 75 people, including 57 army officers who were the commanding officers of the BDR, one army sepoy, two family members of army officers, 8 BDR jawans and 7 civilians were killed during the mayhem. Barrister Shafique said a draft of the reference was prepared in today's meeting and it will be sent to the President Sunday.In reply to a question he hoped that the President would send the reference to the Supreme Court the same day to give its opinion.There are differences of opinion as to whether the mutineers be tried under regular laws, the BDR Act or the Army Act. The reference will be sent in accordance with article 106 of the Constitution. The article says if at any time the President deems a question of law has arisen, or is likely to arise on an issue of public importance, he may refer the matter to the Appellate Division for its opinion. Chaired by Barrister Shafique Ahmed, the meeting was attended by Law Secretary, Home Secretary, Defence Secretary, Attorney General, Additional Attorney General and BDR Judge-Advocate General.