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State allowed to make submissions

SC rejects appeal by convicted killer Farooq

Staff Correspondent
The Supreme Court (SC) yesterday rejected a petition filed by Syed Farooqur Rahman, a convict in Bangabandhu Sheikh Mujibur Rahman assassination case.
Farooq Rahman, on September 29 this year, filed the petition praying for not allowing the state counsels to make submissions before the court against the appeals filed by the convicts, on grounds of delay in filing the summary of appeals by the state.
After hearing arguments of Farooq's counsel Advocate Khan Saifur Rahman, Attorney General Mahbubey Alam, and chief state counsel for the case Advocate Anisul Huq. the five-member bench of the SC Appellate Division headed by Justice Md Tafazzul Islam issued the order of rejection.
Following the order, the state counsels now may place their arguments, the lawyers said.
Khan Saifur Rahman told the court that the appeals of convicts were filed on October 23,2007, but the state submitted the summary' on August 23 this year, although there is a rule of submitting the summary within 30 days of filing appeals.
He argued that the state counsels lost their right to place arguments due to the delay.
Countering Khan Saifur. Mahbubey Alam told the court that the rule was made for assisting the court in proceeding with the case, but was not mandatory.
It is the jurisdiction of the Supreme Court whether it will hear arguments from counsels, while the accused in any case may not obstruct the state's participation in the hearing, he added.
Anisul Huq presented some precedents of the Supreme Courts of Bangladesh, India and Pakistan, and said those courts had condoned such delays and allowed appellants to place their arguments.
After the issuance of the order, Khan Saifur Rahman started his arguments on
behalf of his client Faruque during the 13th day of the hearing yesterday.
He told the court that the judgment of the third High Court (HC) bench in the death references of the six accused out of the 15 was not correct, since the judge had not reviewed the details of all 15 accused.
The third bench should have reviewed the matters of all 15 accused, he argued.
Khan Saifur. who will continue his submission today, declined to brief the media about the case proceedings following yesterday's hearing.
Earlier in the day, the apex court again rebuked Barrister Abdullah-al Mamun, the counsel for convicts Bazlul Huda and AKM Mohiuddin. for his wrong briefing to the
media on Tuesday.
On that day. Mamun told the media that during his argument he told the court that the case should be reinvestigated and retried.
The court yesterday told Mamun that he had never made such an argument to the court.
"We earlier several times asked you to be cautious in dealing with the media. You briefed the media beyond your submissions," the court told Mamun.
Mamun said the essence of his whole argument was for reinvestigating and retrying the case.
The court said it was warning him for die last time without taking any action against him.