Wednesday, September 16, 2009

Trial of mutiny to be held under BDR Act, killing and looting under Speedy Trial Tribunal

The rebel border guards will be tried under the BDR Act for mutiny while the trial of the felonies like killings, looting, arson and so during the February 25-26 carnage will be conducted under the penal code by speedy trial tribunals.(UNB, Dhaka)After the Supreme Court disapproved of trial of the mutineers in the paramilitary force under the Army Act, the government on Tuesday took the decision on the trial mode in the light of the apex court's opinion on presidential reference on the legal puzzles. Briefing reporters after an hour-long inter-ministerial meeting at the Law Ministry, Law Minister Barrister Shafique Ahmed said those who were involved in the mutiny and those indulged in killing, looting and other offences would be identified through investigation.The maximum punishment provided in the BDR act is seven years' imprisonment. He said the investigation has almost been completed and the charge sheet will be finalized towards the end of October while the trial process is expected to start at the beginning of November this year.The accused in the Bangladesh Rifles (BDR) mutiny case can appoint their lawyers in order to make the trial process transparent, he told the journalists."The dilemma over the trial of BDR mutiny has come to an end," said the Law Minister.However, notwithstanding the SC opinion, today's inter-ministerial meeting agreed in principle on a proposal for holding trial of such mutiny under the Army Act by issuing notification.Referring to the presidential reference to the Supreme Court, the Law Minister said the 11-member full bench of the Appellate Division headed by the Chief Justice opined that the mutineers cannot be tried under the army act. But the judges gave some observations.In the light of the observations of the Appellate Division, Barrister Shafique said, the BDR men involved in killing, looting and other related offences can be tried under the penal code.The inter-ministerial meeting was presided over by Law Minister Barrister Shafique Ahmed. It was attended by Home Minister Sahara Khatun, State Minister for Law Adv Qamrul Islam, State Minister for Home Affairs Shamsul Islam Tuku, BDR chief Maj Gen Mainul Islam, the Law Secretary, the Home Secretary, the Attorney General, additional Attorney General and the Army Judge Advocate General.According to available information, a total of 74 people, including 57 army officers who were in the commanding positions in the border force, one army sepoy, two family members of army officers, eight BDR jawans and seven civilians were killed during the February 25-26 massacre inside the Pilkhana BDR headquarters. A total of 41 cases were filed in connection with the BDR mutiny at its Pilkhana headquarters. Of them, one case was filed in Dhaka while the rest in other places, prosecution sources said.Sources said that law-enforces have arrested a total of 1,974 border guards and 31 civilians in connection with the Pilkhana massacre. The main case on the carnage was filed with Lalbagh police station in Dhaka.
 

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