SC against military trial of BDR mutiny

Courts opinion has to be respected: Qamrul

bdnews24.com, Dhaka

The Supreme Court has unanimously opined against a military trial of BDR mutineers, a highly placed source hinted to bdnews24.com although the opinion has been kept under wraps.
The opinion of the 11-member full bench of Appellate Division, headed by chief justice M M Ruhul Amin on the reference seeking directives on the trial process, was sent to president Zillur Rahman on Thursday.
The source, who asked to remain unnamed, said two of the judges made additional observations, but he would not divulge what those are.
Earlier, Supreme Court registrar Shawkat Hossain told bdnews24.com that he handed the file containing the opinion to the president at around 12:45pm.
Asked about the apex court's opinion, Hossain said: "The file was sealed. I cannot say anything about the content."
State minister for law Kamrul Islam told reporters at the Secretariat on Thursday: "Whatever opinion the Supreme Court has given, it will have to be respected." "No-one should question this opinion."
The president sent the reference to the court on Aug 17 seeking directives on the trial process, specifically whether the mutineers could be tried under the Army Act 1952. The court appointed 10 senior lawyers as amici curiae, advisers to the court', to advise on the reference.
It began hearing on the reference on Aug 25 and ended it on Sept 3.
The majority of the amici curiae observed that the BDR mutiny trial could not be held under the Army Act.
An inter-ministerial meeting on the BDR trial decided month to seek the chief justice's opinion as views varied widely on whether the mutineers should be tried under BDR, army or civil laws.
At least 73 people, including 57 army officers deputed to the paramilitary force, were killed in the bloody Feb 25-26 mutiny at the Peelkhana headquarters in Dhaka. Attorney general Mahbubey Alam, presenting the reference before the court on Aug 25, said the mutiny case filed in Dhaka saw 1, 779 people arrested so far.
Another 40 cases filed in connection with BDR rebellions outside Dhaka saw 1, 721 persons arrested. A total 3,500 people are facing trial in the cases, said Alam.