BDR trial: Rokanuddin suggests returning President's reference
Thursday, 3 September 2009
Barrister Rokanuddin Mahmud, an amicus curiae, Wednesday suggested that the reference sent by the President for the Appellate Division's opinion should be sent back as he described it as premature, reports BSS. President Md Zillur Rahman sought the Appellate Division's opinion whether the army act can be applied in trying the BDR personnel involved in the incidents held inside the Pilkhana BDR headquarters on February 25 and 26 last.
While placing submission before the full court headed by the Chief Justice, Barrister Rokanuddin Mahmud said two separate FIRs on the incident were lodged with the local police station under the Criminal Procedure Code (Cr.PC) and the investigations were also being conducted under the same law.
"The question of trial would come up after submission of the charge sheet and if the court accepts it," he said adding that in the present context, determining the mode of trial does not arise.
Referring to various decisions of the apex courts in the sub-continent, Barrister Rokanuddin Mahmud said the Pakistan Supreme Court in 1973 returned a reference that sought its opinion on giving recognition to Bangladesh as an Independent sovereign state.
"The Apex court of India also returned a
reference on Babri mosque issue," he opined.
He, however, demanded exemplary punishment to the persons, involved in the Pilkhana carnage, saying a total of 57 army officers were assassinated in the BRD headquarters. "We did not lose such a number of officers even during our War of Liberation," he said.
"I have simply submitted the interpretation of the laws and tried to place before the court what is there on the other side of the coin, it is not an opinion," he said adding, "the honourable court will take decision on the reference". After completion of his submission, other two amicus curiae Mahmudul Islam and Ajmamul Hossain QC submitted their written opinions before the court, which were read out by their juniors. Both the amicus curiae opined that the trial of the BDR personnel Could not be staged under the army act.
AF Hasaan Ariff, also one of the amicus curiae out of the total 10 appointed by the Appellate Division, started his submission, which will be placed with further elaboration tomorrow.
While placing submission before the full court headed by the Chief Justice, Barrister Rokanuddin Mahmud said two separate FIRs on the incident were lodged with the local police station under the Criminal Procedure Code (Cr.PC) and the investigations were also being conducted under the same law.
"The question of trial would come up after submission of the charge sheet and if the court accepts it," he said adding that in the present context, determining the mode of trial does not arise.
Referring to various decisions of the apex courts in the sub-continent, Barrister Rokanuddin Mahmud said the Pakistan Supreme Court in 1973 returned a reference that sought its opinion on giving recognition to Bangladesh as an Independent sovereign state.
"The Apex court of India also returned a
reference on Babri mosque issue," he opined.
He, however, demanded exemplary punishment to the persons, involved in the Pilkhana carnage, saying a total of 57 army officers were assassinated in the BRD headquarters. "We did not lose such a number of officers even during our War of Liberation," he said.
"I have simply submitted the interpretation of the laws and tried to place before the court what is there on the other side of the coin, it is not an opinion," he said adding, "the honourable court will take decision on the reference". After completion of his submission, other two amicus curiae Mahmudul Islam and Ajmamul Hossain QC submitted their written opinions before the court, which were read out by their juniors. Both the amicus curiae opined that the trial of the BDR personnel Could not be staged under the army act.
AF Hasaan Ariff, also one of the amicus curiae out of the total 10 appointed by the Appellate Division, started his submission, which will be placed with further elaboration tomorrow.