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HC rightly upheld death penalties

Says chief state counsel

Ashutosh Sarkar
Chief counsel for the state in Bangabandhu Sheikh Mujibur Rahman murder case, Advocate Anisul Huq, yesterday told the Appellate Division of Supreme Court
that the third judge of the High Court had lawfully and rightly upheld the lower court's convictions and death sentences of 12 convicts in the case.
The nation wants to find a closure of a dark episode through the trial’s conclusion. The bloody events of August 15, 1975 not only changed the lives of the bereaved family members, but altered the nation's course of history, he said.
He made the arguments at the beginning of his submissions before a five-member bench of the Appellate Division headed by Justice Md Tafazzul Islam during the 21st day’s hearing of appeals filed by five convicts in the case. Anisul Huq yesterday tried to refute the arguments earlier placed by defence counsels claiming that the verdict Seviewed the matters of only six convicts out of a total of 15 in the case
Justice Mohammad Fazlul Karim in his verdict as the third judge of the High Court had upheld the convictions and death sentences of 12 on April 30.2001.
Before him two other judges of a High Court bench on April 14. 2000. delivered two verdicts in the same case.
Justice Md Ruhul Amin had upheld the convictions and death sentences of 10 convicts. and Justice ABM Khairul Haque had upheld the convictions and death sentences of all 15 convicts.
Justice Mohammad Fazlul Karim and Justice ABM Khairul Haque are now judges of the Appellate Division, and Justice Md Ruhul Amin went into retirement.
Anisul Huq yesterday argued that the decision of the third judge is the final verdict, as he had arrived at the judgment after reviewing and considering all relevant aspects of the case, without any procedural flaw.
Referring to some decisions of the Supreme Court of India, and the High Court of Pakistan between 1910 and 1996, Anisul Huq argued that the third judge at the beginning of his review held hearings on the question of how much of the case he would review.
The third judge had passed an order on February 6. 2001. saying he would hear and review the matters of only six convicts, since the other two judges of the High Court had been in agreement about the other nine convicts, argued the chief prosecutor for the state.
About the jurisdiction of the third judge he said the third judge had unfettered discretion in hearing the case.
Earlier in the day, he told the court that die father of the nation also the erstwhile president of the country. Bangabandhu Sheikh Mujibur Rahman, and seven members of his family including his 10-year old son Sheikh Russel, and three others were brutally killed by the convicts and some other army personnel on August 15.1975.
He said the ramification of the case transcends the boundaries of individuals, and reaches the interest of the state.
"Not only some people are waiting for redress through this judicial process, but the entire country is waiting for a closure. For this nation, this case is a journey from chaos to order, from its beginning to the end/he added.
The court adjourned the hearing till 9:30am today.