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BDR Mutiny Trial

7 out of 10 jurists against army act

Staff Correspondent
Seven of the 10 amici curiae have given opinions against trying BDR personnel accused of different offences committed during the February 25-26 mutiny at the BDR headquarters under the army act.
Advocate AF Hassan Ariff and advocate AFM Mesbahuddin were the last to tell the Supreme Court yesterday that it is not possible to try these offences under the Army Act 1952.
Earlier, advocate TH Khan, barrister M Amir-Ul Islam, Dr Kamal Hossain, advocate Mahmudul Islam and barrister Ajmalul Hossain reasoned that the trial of BDR mutineers is not possible under the military law since the BDR personnel are not guided by the law.
Two amici curiae (friends of court) -barrister Rafique-Ul Huq and advocate Khandaker Mahbubuddin Ahmed-had said the
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mutiny can be tried under the military law by issuing notifications.
Barrister Rokanuddin Mahmud, another amicus curiae in the hearing on presidential reference on the mode of the trial-said the reference is 'premature" and suggested that the Supreme Court return it to the government
TH Khan, Rafique-Ul Huq and Hassan Ariff also opposed the government move to send the reference to the Appellate Division through the president The government itself can resolve the matter, they said during their submissions.
The 11-member full bench of the Appellate Division, headed by Chief Justice MM Ruhul Amin, yesterday concluded the hearing on the reference after six days of deliberations by 10 amici curiae.
Hassan Ariff yesterday told the bench that the fundamental rights of the BDR personnel are not ensured under the military law.
The provisions of the Army Act 1952 cannot be applied to the BDR personnel involved in the mutiny even through notifications to give the act retrospective effect, he said.
Mesbahuddin told the court that the offenders in the BDR mutiny can be tried at special t ribunal under the exLstinglaws. The facts behind the mutiny cannot be unearthed if the matter is not dealt with in the court, he said.
Attorney General Mahbubey Alam, however, told the court that the offences committed at the Pilkhana BDR headquarters can be tried under the army act by giving it retrospective effect through a notification.
He later told newsmen that tiie Supreme Court will now send its opinion to the president on the reference.
The Supreme Court appointed the 10 senior lawyers as amici curiae on August 19 for hearing their opinions on the presidential reference on whether the offences committed during the BDR mutiny can be tried under the military law.