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BDR Carnage Trial

Certified copies of verdict not available yet

Ashutosh Sarkar
The convicts in the sensational BDR carnage case are yet to get any certified copies of the verdict, although the trial court has sent death reference to the High Court (HC) for confirmation of the death penalties for 152 people.
The despatch section of the HC had received the death reference along with case records from the trial court officials on Sunday, Supreme Court Registrar AKM Shamsul Islam told The Daily Star.
Aminul Islam, one of the lawyers for the convicts, yesterday said his clients had not got the certified copies of the verdict till date, although the court was supposed to supply the copies on the day of the pronouncement of the verdict free of cost as per the relevant law.
"We applied to the court for the certified copies of the verdict on behalf of our clients on November 5, the day the verdict was delivered, so that they can appeal to the High Court challenging the verdict," he said.
But the Dhaka court authorities had not provided the copies to the convicts, he said, adding that they could not
Certified copies FROM PAGE 16 prepare for the appeals due to the reason.
As per the Limitation Act, the convicts, who got death sentences, have to submit the appeals to the HC within seven days after receiving the certified copies of the verdict, and the accused, who were awarded life term imprisonment, must appeal within 60 days after receiving the copies.
The family members of the convicts are now in anxiety, as the convicts had not got the copies, which is necessary for filing appeals against their convictions and sentences, Aminul said.
The court authorities were yet to confirm when the convicts would be given the copies, he added.
Khurshid Alam Khan, criminal law expert and the editor of Dhaka Law Report, said the HG authorities would now prepare paper books through Bangladesh Government Press for hearing and disposal of the death references.
A paper book contains the whole records of the case including relevant documents, evidence, and statements placed before the trial court, he said.
However, Khurshid differed with Aminul, and said all the convicts could file separate appeals with the HC in 60 days after receiving the copies of the verdict, challenging their convictions as per the relevant provisions of the Code of Criminal Procedure (CrPC) and the Limitation Act.
The provision of seven days for filing appeal is directory, not mandatory, he added.
Judge Md
Akhtaruzzaman of the Third Additional Metropolitan Sessions Judge's Court in Dhaka on November 5 awarded death penalty to 150 soldiers of erstwhile BDR and two civilians.
The court sentenced 161 others to life imprisonment for their roles and involvement in the carnage.
The court also handed down rigorous imprisonment, ranging from three to 10 years, to another 256 people, mostly BDR jawans. It acquitted the rest 277 accused.
Seventy-four people, including 57 army officials, were massacred in the BDR mutiny on February 25-26 in 2009 at the Pilkhana headquarters of the paramilitary force that has been renamed Border Guard Bangladesh (BGB).