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Military law not applicable for BDR trial

TH Khan tells SC as amicus curiae

Staff Correspondent
The offences committed in the BDR mutiny cannot be tried under the military law since the BDR is not a disciplined force like the army, advocate TH Khan yesterday told the Supreme Court.
The Army Act 1952 is applicable only to army personnel and the BDR personnel accused of various offences committed during the February 25-26 bloody mutiny cannot be tried under the act, hesaid.
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Placing his submission as an amicus curiae (friend of court) before the 11-member full court of the Appellate Division, TH Khan suggested amending the BDR laws in parliament for trying the offenders.
He said as the BDR laws are inadequate it is the government's duty to amend these laws to try the accused BDR personnel.
Headed by Chief Justice MM RuhuI Amin, the Appellate Division was hearing the president's reference seeking the apex court's opinion on whether the offences of the February 25-26 BDR mutiny can be tried under the military law.
TH Khan said the government's main objective for sending the reference to the court for advisory opinion is to commit the accused BDR personnel for trial under court martial.
"Who will take the responsibility if the accused BDR personnel are killed in the name of trial under the militarylaw?" he said.
"The government has committed a wrong by sending the reference [for the Supreme Court's opinion) instead of amending the BDR
laws in parliament and this court should not be involved in this kind of controversial matter," he added.
He also said the Supreme Court is not bound to answer the questions asked in the reference and the advisory opinions to be given by the Appellate Division are also not binding on the government.
Barrister Rafique-Ul Huq, another amicus curiae, however said as the president has sent the reference the court is obliged to give its opinion.
The Supreme Court's opinion on the reference is not compulsory for other higher and lower courts, but traditionally these courts do not ignore the apex court's opinion, he added.
Among oilier amici curiae, advocate Khandaker Mahbubuddin Ahmed, barrister M Amir-UI Islam, advocate AF Hassan Ariff, barrister Ajmalul Hossain and advocate AFM Mesbahuddin were present in the court during the hearing.
The court adjourned the hearing until this morning.
The Supreme Court appointed 10 senior lawyers as amici curiae on August 19 for hearing their opinions on the reference.