3 acquitted in Mujib murder case

By Haroon Habib

DHAKA, APRIL 30. The third High Court judge has confirmed the death sentences on three more convicts and acquitted three others while delivering the verdict on the split judgment of a previous bench on the fate of six of the 15 convicts in the Sheikh Mujibur Rahman assassination trial.

Mr. Justice Mohammad Fazlul Karim sentenced former Lieutenant Colonel, Muhiuddin Ahmed, former Risaldar, Moslehuddin, and former Captain, Majed, to death while acquitting former Major, Ahmed Sharful Hossain, former Captain, Nazmul Hossain Ansar, and former Captain, Kismat Hashem. With today's verdict, the total number of accused sentenced to death in the murder trial stands at 12. However, only four of them are facing the trial in person; the others have been declared fugitives.

The landmark judgment comes amid political tension as the country is close to a general election with ``pro-Pakistani'' fundamentalists forging a strong alliance against the ruling Awami League.

``The sentence shall be executed in accordance with the provision of Section 368 Cr.P.C. Let a copy of this judgment be forwarded to the learned Sessions Judge, Dhaka (trial judge) for necessary action in accordance with law,'' Mr. Justice Karim told the jampacked court.

The 12 convicts facing the death penalty for the assassination of Bangladesh's founding father in 1975 are former Lieutenant Colonels, Syed Farook Rahman, Sultan Shahriar Rashid Khan, Khondoker Abdur Rashid, Shariful Haque Dalim, Muhiuddin Ahmed, A.M. Rashed Chowdhury, A.K.M. Mohiuddin, S.H.B.M. Nur Chowdhury and Mohd. Abdul Aziz Pasha, former Major, Bazlul Huda, former Captain, Abdul Mazed, and former Risaldar, Muslehuddin.

The convicts have 30 days plus the time needed to obtain a certified copy of the verdict for filing appeals. ``Truth reveals itself slowly. we are satisfied,'' the chief prosecution counsel, Mr. Serajul Haq, told presspersons. With the judgment, the ``major culprits'' had been brought into the net. ``I lost three of the accused but got 12 of them.''

The complainant in the case, Mr. A.F.M. Mohitul Islam, who witnessed the August 15, 1975 murder as the then resident PA to the President, said, ``I am happy. I think the nation's aspirations would have been reflected had all the accused been netted in the trial.''

The defence lawyer, Mr. Khan Saifur Rahman, who defended Lt. Col. Muhiuddin Ahmed in the court of the third judge, said he would file a leave petition seeking appeal against the verdict. The verdict ends the trial process in the High Court stage, which was delayed as the previous bench of Mr. Justice Mohammad Ruhul Amin and Mr. Justice A.B.M. Khairul Haque were split in their December 14, 2000 judgment.

Senior judge, Mr. Justice Amin, acquitted five accused while Mr. Justice Haque upheld the 1998 trial court verdict, which sentenced all the 15 to death after five months of death reference and appeal hearing, which started on June 28 last year. Those acquitted by Mr. Justice Ruhul Amin were former Lieutenant Colonel, Mohiuddin Ahmed, former Major, Ahmed Sharful Hossain, former Captains, Mohammad Kismat Hashem and Nazmul Hossain Ansar and former Risaldar, Muslemuddin alias Moslehuddin.

Explaining the next course of the trial process, the Attorney- General, Mr. Mahmudul Islam, said after the availability of the certified copy of the verdict, the trial court (Dhaka District and Sessions Judge Court), which in 1998 handed down the death sentence, would be informed for necessary action. The trial court would then issue the death warrant for executing the sentence. But in the case of appeal, the verdict would be stayed pending hearing in the appellate division, he said.

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Section  : International
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