Mutineers to be tried under BDR Act: Govt
Wednesday, 16 September 2009
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 on during the February 25-26 carnage will be conducted under the penal code by speedy trial tribunals, reports UNB.
After the Supreme Court (SC) disapproved of trial of the mutineers in the paramilitary force under the Army Act, the government Tuesday took the decision.
Briefing reporters after an hour-long inter-ministerial meeting at the law ministry, Law Minister Shafique Ahmed said those who were involved in the mutiny and those who 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 had almost been completed and the charge sheet would be finalised towards the end of October while the trial process was 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, Tuesday'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 had expressed its opinion that the mutineers could not be tried under the Army Act. But the judges had given 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 could be tried under the penal code.
The inter-ministerial meeting was presided over by Law Minister Shafique Ahmed. It was attended by Home Minister Sahara Khatun, State Minister for Law 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.
After the Supreme Court (SC) disapproved of trial of the mutineers in the paramilitary force under the Army Act, the government Tuesday took the decision.
Briefing reporters after an hour-long inter-ministerial meeting at the law ministry, Law Minister Shafique Ahmed said those who were involved in the mutiny and those who 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 had almost been completed and the charge sheet would be finalised towards the end of October while the trial process was 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, Tuesday'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 had expressed its opinion that the mutineers could not be tried under the Army Act. But the judges had given 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 could be tried under the penal code.
The inter-ministerial meeting was presided over by Law Minister Shafique Ahmed. It was attended by Home Minister Sahara Khatun, State Minister for Law 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.