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BDR Mutiny

No problem in trial under military law

Rafiq ue,Mahbub tell SC

Staff Correspondent
TWo amici curae—barrister Rafique-Ul Huq and advocate Khandaker Mahbubuddin Ahmed--yesterday told the Supreme Court that the BDR personnel accused of various offences during the February' 25-26 BDR mutiny can be tried under military law.
The BDR mutineers could be tried under the Army Act 1952 through issuing separate notifications regarding the trial, they told the Supreme Court just a day after another amicus curae (friend of court) opposed the idea.
On Tuesday, advocate TH Khan told the court that the offences committed during the bloody mutiny at the BDR headquarters cannot be tried
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under the military law since the BDR is not a disciplined force like the army.
The 11-member full court of the Appellate Division, headed by Chief Justice MM Ruhul Amin, is hearing the president's reference seeking the Supreme Court's opinion on whether the accused BDR personnel can be tried under the military law.
The court adjourned the hearing until 9:30am today.
During his submission on the second day of the hearing, barrister Rafique-UI Huq yesterday told the court that the BDR director general, who is the chief of the paramilitary force, is appointed from the army, not from the BDR, and die BDR members serve under his command. So. the accused BDR jawans can be tried under the Army Act 1952.
Rafique, however, said the trial of the case filed in connection with the mutiny can also be held under the existing laws since the case was filed under the existing laws.
He added that the investigation officer of the case has even reportedly said the charge sheet would be submitted to the court in October this year under the existing laws.
Ihe government has sent the reference to the Supreme Court, apparently deciding to try the accused under the army
act, he said.
He also said the case could be tried under the BDR laws.
During his submission advocate Khandaker Mahbubuddin Ahmed said two separate notifications would have to be issued to try the accused BDR personnel under the military law: one to bring the accused to trial under the army act and another to suspend the BDR laws during the trial.
Another amicus curiae barrister M Amir-UI Islam also started placing his submission before the court yesterday.
He told the court that the BDR mutiny was a conspiracy against the state, not an ordinary offence, and the family members of the army officials killed during the mutiny are demanding the trial of the killings, not the mutiny.
Barrister Amir will continue his submission on the reference today.
Attorney General Mahbubey Alam, other amici curiae- advocate TH Khan, advocate AF Hassan Ariff, barrister Ajmalul Hossain and advocate AFM Mesbahuddin-were present in the court during the hearingyesterday.
The Supreme Court appointed 10 senior lawyers as amici curiae on August 19 for hearing their opinions on the reference.