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Appeal in BDR Carnage Case

Convicts wait for copies of verdict

Ashutosh Sarkar
Most of the convicts in BDR carnage case could not file regular appeal with the High Court against their convictions and sentences, since they did not get certified copies of the trial court verdict.
A Dhaka court on November 5 sentenced 152 people to death, 161 people to life imprisonment and 256 others to different terms of imprisonment in the case.
Among the death row convicts, 137 submitted separate jail appeals to the HC through the Dhaka Central Jail authorities in seven days after the lower court had delivered the verdict.
While 137 convicts have filed jail appeals, one convict filed a regular appeal. They are now in the condemned cells of different jails. The rest 14 death row convicts are on the run, said sources in the lower court.
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The single death-row convict, who filed a regular appeal, could obtain a certified copy of the verdict from the court authorities in a personal capacity.
The lower court authorities have supplied 137 certified copies to the Dhaka Central jail authorities on Sunday for annexing those to the jail appeals of the convicts, the sources added.
Aminul Islam, one of the lawyers for the convicts, told The Daily Star yesterday that his clients had not got the certified copies of the verdict till date.
Although as per the relevant law, the court was supposed to supply the copies on the day of the pronouncement of the verdict free of cost, he said. "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 file regular appeals to the High Court challenging their convictions."
But the Dhaka Court authorities recently told the lawyers that they would not provide more copies to the convicts, Aminul said.
The Dhaka Central Jail authorities also refused to provide the copy to the convicts' lawyers, he said, adding that they [convicts] are not prepared to file appeals for this reason.
He said the convicts would file regular appeals so that they could defend themselves by their individual lawyers.
The jail appeals will be moved by the statecounsels, the lawyer said, adding that almost
all the convicts are ready to buy the copies at a cost.
He said the certified copies are necessary for regular appeals, not for the jail appeals.
Habildar Jalal Uddin, a death row convict, has got a copy in his personal capacity, therefore, he could file a regular appeal with the High Court, Aminul said.
Aminul also said they were trying to obtain copies through alternative means to file regular appeals.
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 imprisonment, must appeal within 60 days after receiving the copies.
An official at the Copy Section under the Metropolitan Sessions' Judge Court, Dhaka told The Daily Star they could not supply the certified copies to the convicts other than 138 ones, because the court authorities had sent the case records to the HC.
The trial court had sent death reference to the HC on November 10 for confirmation of the death penalties for 152 convicts.
On November 5, Judge Md Akhtaruzzaman of the Third Additional Metropolitan Sessions Judge's Court in Dhaka awarded death penalty to 150 soldiers of erstwhile BDR (now Border Guard Bangladesh) and two civilians.
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.