In a crucial judgment concerning the 1975 political changeover through bloody coups, the High Court (HC) Thursday exonerated four former military officers from the conviction in the jail killings case, while confirmed the death sentence against one of three condemned fugitives, reports UNB.
Lt Col (retd) Syed Farooq Rahman, Lt Col (retd) Sultan Shahriar Rashid Khan, Lt Col (retd) AKM Mohiuddin Ahmed and Maj (retd) Bazlul Huda, who were said to be among the frontline operatives in the scenes, got the acquittal in the long-drawn High Court judgment.
Also acquitted are condemned "killers" Dafadar Marfat Ali Shah and Dafadar Abul Hashem Mridha. The HC only affirmed the death sentence against Risalder Moslem Uddin Ahmed for the gruesome killings on Nov 3, 1975 in Dhaka Central Jail.
Farooq, Shahriar, Mohiuddin and Bazlul Huda earlier had applied to the High Court, seeking to overturn the trial court judgment that had awarded them life imprisonment.
However, these four retired army officers cannot walk to freedom since they were already condemned to death in the Bangabandhu murder case, related to the assassination of the country's independence leader Sheikh Mujibur Rahman along with most members of his family in the August 15, 1975 military coup.
A High Court Division bench comprising Justice Nozrul Islam Chowdhury and Justice M Ataur Rahman Khan Thursday concluded the staggered judgment that began on this August 18.
On November 3, 1975, four national leaders - Syed Nazrul Islam, Tajuddin Ahmed, M Mansur Ali and AHM Qamaruzzaman - were gunned down inside the Dhaka Central Jail by a raiding group of army officers. These leaders were also influential members of the slain President Sheikh Mujibur Rahman's government.
The jail killings were seen as a desperate bid of power-usurpers amid a political vortex, 79 days after the assassination of Bangabandhu Sheikh Mujibur Rahman and his family members.
On October 20, 2004, a trial court in Dhaka sentenced three rankers - Risalder Moslemuddin Ahmed, Dafadar Marfat Ali Shah and Dafadar Abul Hashem Mridha - to death and awarded life imprisonment to 12 mid-level army officers for the carnage in custody.
The trial court had acquitted four politicians-cum-junior ministers of Sheikh Mujib's government - KM Obaidur Rahman, Shah Moazzem Hossain, Nurul Islam Manzur and Taher Uddin Thakur.
Condemned fugitive Risalder Moslemuddin Ahmed and acquitted Dafadar Marfat Ali Shah and Dafadar Abul Hashem Mridha have been on the run long since.
The remaining eight lifers who remain absconding will not enjoy the benefit of Thursday's High Court judgment since they did not apply for redress - the trial-court judgment stands in operation against them.
The close relatives of the accused were present in the court that concluded the judgment amidst tight security.
Adv Anisul Huq, who conducted the case for the State, told reporters that the government would move to the Appellate Division against the High Court orders.
Additional Attorney General Mansur Habib, Nurul Islam Sujan, Mosharraf Hossain Kajol, SM Rezaul Karim, Momtaz Uddin Mehedi, Barrister Fazle Noor Tapash and Motahar Hossain Saju assisted Anisul Huq.
Former Additional Attorney General Abdur Rezzak Khan and Syed Mizanur Rahman appeared for Shahriar and Farooq respectively, while Abdullah Al Mamun for Mohiuddin and Huda.
Adv Abdul Hannan conducted the case as the State Defence for three fugitives - Moslem Uddin, Marfat and Mridha.