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BDR trial finalised

Fast track tribunal for murder, other heinous crimes; BDR law to try mutiny

Staff Correspondent
The government yesterday decided to try the heinous offences tike killings, attempt to murder, looting and arson committed during the February 25-26 BDR mutiny at the speedy trial tribunal under the penal code.
Other offences like breaking discipline and violating superiors’ orders at the Pilkhana BDR headquarters and other BDR stations across the country will be tried under the BDR laws.
The maximum punishment under the penal code is death penalty while under the BDR laws it is sevdn years' imprisonment.
The decisions were made at an inter-ministerial meeting at the law ministry.
Meanwhile. BNP Secretary General Khandaker Dehvar Hossain yesterday
expressed concent at the government decision to hold the trial of BDR carnage under speedy trial tribunal.
"Justice cannot be ensured if the BDR mutiny trial is held under the speedy trial tribunal since the government has influence on the tribunal. There are many examples of this," Delwar said in his reaction.
Revealing (he decisions, Law Minister barrister Shafique Ahmed yesterday told journalists that the charge sheet of the case filed in connection with these offences will be submitted to the court by next month and the trial will start in the first week of November.
The meeting also decided in principle that the government will issue a notification to bring BDR personnel to trial under the army act if they commit mutiny and other offences in the future. The notification will be effective from the date of its issuance.
'We could not apply the army act to try the offenders of the BDR carnage because we cannot give the notification retrospective effect if the government issues it now," the law minister told The Daily Star.
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Sources said the meeting decided to hold the trial of the mutineers under the BDR Act before trying them in speedy tribunal.
The law minister said the government has taken the decisions following the Supreme Court's opinion and observations on the presidential reference regarding the , mode of the trial.
' The Supreme Court categorically opined that the offences committed during the BDR mutiny caftnbf be tried under the army act, not even by issuing a notification to give the law retrospective effect.
BDR Director General Maj Gen Md Mainul Islam told The Daily Star that the border force has already set up a few courts of inquiry' to determine the number of mutineers. The trial under the BDR laws will be started as soon as possible after finalising the number.
The BDR DG will preside over the trial in the BDR court as per the law of the force.
Yesterday's meeting was told that the trial of criminal offences has to be held on the basis of only one charge sheet and all accused have to be produced before the court at a time during the trial proceedings, which will be a to ugh task for the government.
Sources said the meeting » discussed the issue of most arrested BDR jawans' being accused of mutiny. Some of these arrested BDR personnel might be innocent and should be allowed to join their service, their release subject to trial, the meetingsaid.
After the meeting, the law minister told the press that the offences committed during the BDR mutiny wall be classified on the basis of investigation report, which is now at the final stage.
The law minister said any accused found to have been involved in rebellion against the state during the BDR carnage will be tried on charge of sedition under the penal code.
The accused can appoint lawyers for self-defence, he said.
Asked if fair trial is possible under the BDR chief, Shafique Ahmed avoided a direct reply . id said the government will hold the trial of the BDR carnage following due legal process in a very transparent manner.
Attorney General Mahbubey Alam, who was present at the meeting, told The Daily Star that the BDR personnel accused of mutiny will be tried at the stations where they committed the offence.
He said he or his representatives will assist the BDR DG in conducting the trials.
At least 73 people, including 57 army officers deputed at the paramilitary force, were killed in the February 25-26 bloody mutiny at Pilkhana.
Some 1,779 people have been arrested so far in connection with the mutiny case filed in Dhaka while 1.721 were arrested in connection with 40 cases filed for rebellion outside Dhaka.
Home Minister Sahara Khatun, State Minister for Law Qamrul Islam, State Minister for Home Affairs Shamsul Haque Tuku, additional attorneys general Murad Reza and A KM Zahirul Hoque, Law Secretary Kazi Habibul Awal, Home Secretary Abdus Sobhan Sikdar, BDR chief Maj Gen Md Mainul Islam, Advocate General of the army headquarters Brig Gen Nur Mohammad, among others, were present at the meeting. DELWAR .... Talking to reporters at BNP's central office at Naya Paltan, the BNP leader said they think trial under the existing laws could warrant justice.
"BNP has demanded transparent and neutral investigation into the BDR incident since the very beginning, but the government did not do that,r Delwar said.
A conspiracy is being hatched to weaken the army and BDR and the government activities are part of this conspiracy, he said.
Asked about the decision to change the name and uniform of the BDR. he said whatever has happened centring BDR has had the government's influence. The BDR director general did not change the force's uniform without government instigation.
"The real mystery behind this must be dug out to find out whether the BDR chief( alone changed the uniform or the government made the change," he said.
Criticising Prime Minister Sheikh Hasina for her statement on the International Democracy Day, he said the Awami League had "killed democracy" after independence and Ziaur Rahman later restored multiparty democracy.
"Sheikh Hasina got the opportunity to come to politics because of this introduction of multiparty democracy, "he said.
Party Office Secretary Rizvi Ahmed was present with Delwar.