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Mushtaq asked prison boss to let killers in

Says chief state counsel in jail killing case

Staff Correspondent
The conspiracy to kill the four national leaders inside Dhaka Central Jail on November 3, 1975 was hatched at the Bangabhaban, Anisul Huq, principal state counsel in the jail killing case, told the Supreme Court yesterday.
Quoting from statements of seven prosecution witnesses in the case, he said the then president Khandaker Mushtaq Ahmed had ordered the then inspector general of prisons ATM Nuruzzaman over
the telephone to allow Rislader Muslemuddin and three others to enter the jail for killing the four leaders.
Muslemuddin and his accomplices Dafadar (dismissed) Marfat Ali Shah, Dafadar (dismissed) Abdul Hashem Mridha and Capt (retd) Abdul Majed killed the leaders — Syed Nazrul Islam, Tajuddin Ahmad, AHM Quamruzzaman and Captain Mansur Ali -- inside the jail, Anisul Huq said.
The counsel was placing his arguments
before the apex court on the first day of the hearing on the government's appeal against the High Court verdict that acquitted six former army personnel who were among those convicted and sentenced by a lower court.
The six are Marfat Ali Shah, Abdul Hashem Mridha, Lt Col (dismissed) Syed Farooq-ur Rahman, Lt Col (retd) Sultan Shahriar Rashid Khan, Maj (retd) Bazlul Huda and Maj (Retd) AKM Mohiuddin Ahmed.
Yesterday, the six-member full bench of the
SC headed by Chief Justice Md Muzammel Hossain adjourned the hearing till January 22.
Anisul Huq told the apex court that Ziaur Rahman, who had taken over the state powers on November 7 in 1975, stopped all proceedings and investigations into the jail killing case.
He also argued that the HC judgement, which acquitted six army personnel, was arbitrary, as it (HC) convicted only Mulsemuddin and sentenced him to death.
Earlier yesterday, Attorney General
Mahbubey Alam told the SC that there are serious defects in the HC judgement, as it said telephone connection at the Bangabhaban had been cut off on November 3, 1975 due a military coup.
The government filed the appeal with the apex court In 2011.
In 2004, the Metropolitan Sessions Judge's Court of Dhaka awarded death sentence to three former army personnel and life imprisonment to 12 others in the case. The HC in 2008 upheld the death penalty of one, acquitted six of the convicts
and did not say anything about the eight others.
The metropolitan court had sentenced to death Muslemuddin, Marfat Ali and Abdul Hashem.
And the 12 awarded life imprisonment are Syed Farooq-ur Rahman, Sultan Shahriar Rashid Khan, Bazlul Huda, Lt Col (dismissed) Khondaker Abdur Rashid, Lt Col (relieved) Shariful Haq Dalim, Lt Col (retd) SHMB Noor Chowdhury, AKM Mohiuddin Ahmed, Lt Col (retd) AM Rashed Chowdhury, Maj (relieved) Ahmed Shariful Hossain,
Capt (retd) Abdul Majed, Capt (relieved) Kismat Hasem and Capt (relieved) Nazmul Hossain for abetting the killers.
The HC in its verdict on August 28, 2008, upheld the capital punishment of Muslemuddin and acquitted Marfat and Hashem.
It exempted from the case Farooq, Shahriar, Mohiuddin and Bazlul Huda, who were already executed in the Bangabandhu assassination case, and did not say anything about the eight others given life term by the lower court.