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BDR offences should be classified

Amir-UI Islam tells SC

Staff Correspondent
Barrister M Amir-Ul Islam yesterday said the offenders of the February 25-26 BDR mutiny would have to be classified based on their, respective offences to ensure fair trial and proper punishment.
Different offences including killing and looting took place during the bloody mutiny at the BDR headquarters. and the accused persons will have to be tried for their
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own offences as per the rules of the constitution and the law, he told the Supreme Court.
He also said laws of one service cannot be applied to others.
He was delivering his submission as an amicus curae (friend of court) before the 11-member full bench of the Appellate Division on the third day of hearing on the president's reference on whether the offences committed during the BDR mutiny can be tried under the military law.
The Appellate Division bench headed by Chief Justice MM Ruhul Amin yesterday adjourned the hearing until September 1. Barrister Amir is expected to continue his submission on that day.
During yesterday's hearing, Amir said if the offences of the accused BDR personnel are classified and proper punishment is ensured for their respective offences, their family members could be satisfied in a sense that the trial was fair.
He said the facts and the responsible persons behind the BDR mutiny, and the identity of the BDR members who were on leave during the mutiny would have to be determined for ensuring fair trial and punishment.
Every service of the state has its own law and range, and the rules governing a service cannot be applied to another service, Amir said, adding that the BDR members and even the paramilitary force's officials. who are appointed from the armed forces, are guided
and controlled by the BDR Order 1972.
He said as per section 96 of the Army Act 1952, a’mutiny can be tried under the army act. but not other offences like killing. The trial of the mutiny at the time of the killing of Ziaur Rahman was held under the army act, but not the offence of his killing, Amir added.
He also said trial notifications for incidents of the past cannot be given retrospective effect as per section 5(1) of the army act.
Three of the 10 amici curiae—advocate TH Khan, barrister Rafique-Ul Huq and advocate Khan daker Mahbubuddin Ahmed--had placed their submissions before the court during the first two days' hearing on the reference.