DHAKA , 1 May — Twelve of 15 ex-army officers accused of the 1975 assassination of Bangladesh’s founder Sheikh Mujibur Rahman face the death penalty after a High Court judge yesterday delivered a final ruling in a case that has sparked public protests.
Judge Muhammad Fazlul Karim took five hours to deliver his crucial judgment in a crowded court, upholding a lower court verdict of death for Lt. Col. Mohiuddin Ahmad, Capt. Abdul Mazed and non-commissioned officer Moslemuddin.
But he acquitted Maj. Ahmad Shariful Hossain, Capts. M. Kismat Hashem and Nazmul Hossain Ansari on doubts about their involvement. Karim also ruled that Mazed, whose charge two earlier judges had clashed over, be charged with conspiracy to murder.
The current appeal hearing started on Feb. 12. The fate of five army officers sentenced to death by a lower court in 1998 became uncertain when a two-member bench in December gave a partially split verdict following an appeal.
One judge, A. B. M. Khairul Haque, upheld all 15 death sentences while the second judge, Muhammad Ruhul Amin, supported only 10 and acquitted five of the officers after a 64-day appeal hearing.
Chief prosecutor Sirajul Huq told reporters immediately after the verdict was announced yesterday that “we are happy as we got 12 of the 15 charged and we have to learn to lose in a game or in a suit.”
“The verdict is very, very significant for Bangladesh and its people, who too will be satisfied with the verdict, as real murderers have been netted,” he said. Asked if he would appeal against the three acquitted, Huq said “it depends on my client (government).”
Chief defense lawyer Khan Saifur Rahman initially refused to comment, saying he would not say anything that might be contemptuous. When pressed, he said: “I am stunned and surprised and I will tell that to the appeal court.”
He said that earlier, it was said that the court would deal with only those cases where split judgment had been delivered. He said that the defense would file appeal against the judgment of the High Court. Judicial experts said the fugitive convicts would have to surrender to the district judge before filing an appeal and it was difficult to set a time-frame for the execution of the death penalties. The defense has one month to file an appeal.
Hundreds of police were deployed around the Supreme Court building in downtown Dhaka where several thousand supporters of the ruling Awami League shouted slogans in a field adjacent to the court complex. No violence was reported.
Judge Karim also threw out a writ against the trial process, saying the chain of command was not broken in 1975 as all the three service chiefs declared their allegiance to the post-coup government. The 15 officers linked to the killings were first sentenced to death in 1998, although only four are in jail. The rest were sentenced in absentia.
The 12 former army officers whose death sentence has been confirmed are: Lt. Col. Syed Farook Rahman, Lt. Col. Sultan Shahriyar Rashid Khan, Lt. Col. Khandker Abdur Rashid, a former MP, Maj. Muhammad Bazlul Huda, a former MP, Lt. Col. Shariful Huq Dalim, Bir Uttam, Lt. Col. A. M. Rashed Chowdhury, Lt. Col. A. K. M. Mohiuddin (Lancer), Lt. Col. S. H. B. M. Nur Chowdhury, Lt. Col. Aziz Pasha, Lt. Col. Mohiuddin Ahmad (Artillery), Risaldar Moslemuddin alias Moslehuddin and Capt. Abdul Mazed. Those acquitted are: Capt. Muhammad Kismet Hashem, Capt. Nazmul Hossain Ansari and Maj. Ahmad Shariful Hossain alias Shariful Islam.
