The president is likely to send a reference to the Supreme Court in a day or two seeking its advice on deciding the law for the trial of the February 25–26 soldiers’ rebellion in the Bangladesh Rifles headquarters in which 74 people — 57 army officers, 9 soldiers and 8 civilians — were killed.

The law ministry Saturday afternoon sent the draft reference to the prime minister’s residence, Jamuna, for her approval, said sources in the ministry. The draft reference is likely to be sent to Bangabhaban for the consent of the president, Zillur Rahman, before it is sent to the Appellate Division of the Supreme Court, the sources said.

An inter-ministerial meeting on August 12 put into the final form the draft of the reference. The law minister, Shafique Ahmed, presided over the meeting. The Bangladesh Rifles director general, Major General Mainul Islam, earlier sent a proposal to government for seeking the Appellate Division’s opinion on holding the trial of the BDR rebels under the Army Act 1952. According to the sources, the BDR chief in his proposal said the Appellate Division’s opinion had become necessary as the BDR personnel, accused in the case filed, in February 25–26 committed about 19 offences, including rebellion, murder, desertion, mischief by fire and explosives, breaking of arms and ammunition store, theft, extortion and robbery which cannot be tried under the Bangladesh Rifles Order 1972.

The sources said the reference proposal had also become necessary as the 3,500 arrested in connection with the rebellion include 26 BDR officers promoted departmentally, 91 civilian employees and 26 civilians who do not fall in the purview of the BDR law. The Bangladesh Penal Code and the Code of Criminal Procedure, under which general criminal cases are tried, do not deal with the offence of rebellion, desertion, absence without leave and other offences of military nature and viewed as serious offences in disciplined forces, according to the reference draft.

The trial of the case under the Penal Code and the Code of Criminal Procedure will take longer time and it may hamper the operational effectiveness of the border security force, the proposal said. The case filed with sessions judge’s court during investigation may need the rebels’ associates in other units to be taken in custody and, if it so happens, the BDR administration will face serious challenges in guarding the borders, which might jeopardise national security, the proposal said. According to the sources, the president will seek the Appellate Division’s opinion on whether the case could be tried under the Army Act as the BDR soldiers and departmentally promoted officers accused in the case are not covered by the act.

The reference also cites Section 5 of the act, which says, ‘The government may, by notification, apply all or any provisions of this act to any force raised and maintained in Bangladesh under the authority of the government.’ It seeks the Appellate Division’s opinion on whether the government could apply the Army Act to the Bangladesh Rifles with a retrospective effect for the trial of the accused BDR rebels. It also cites Article 35(1) of the constitution which stipulates, ‘No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than, or different from that which might have been inflicted under the law in force at the time of the commission of the offence.’