The Bangladesh Rifles, BDR yesterday constituted six special courts - two in Dhaka and four across the country -- for the trial of mutiny taking place in the paramilitary force on February 25-26, said a BDR press release. The special courts were constituted as per the Bangladesh Rifles Order 1972. The three-strong courts, headed by the director general of the force will also include two officials from the lieutenant colonel and major ranks.
The courts will hold the trial of the BDR men only for the mutiny, not the other acts of crime committed during the revolt, such as murders, looting and so, the statement added. BDR director general Maj Gen Moinul Islam told reporters "The six special courts have been formed yesterday. "The procedure for trial of the BDR carnage has started with the constitution of the courts." The mutiny took place on Feb 25-26 this year at the BDR headquarters where at least 57 army officials including its chief Major General Shakil Ahmed were killed.
The regular cabinet meeting on Nov 9, presided over by Prime Minister Sheikh Hasina, directed the home ministry to update the BDR Act of 1972 for the trial. About 3,500 border guards shall face trial for the mutiny, home minister Sahra Khatun said. Law minister Shafique Ahmed said on Oct 21 that the mutiny trial would be held this month after the constitution of special courts by the border guards' chief. However, the trial for more serious charges like murder, arson is to be held after the receipt of Criminal Investigation Department (CID) report. He said the trial would be concluded in 135 days.
The minister also said those accused of mutiny would be allowed to appoint lawyers, but the lawyers would not be able to participate in arguments and can only provide suggestions to the defendants. As per government decision taken in the light of Supreme Court opinion following a presidential reference on the mode of BDR trial, the criminal offences committed during the mutiny will be tried separately under the common criminal law stipulated in the Criminal Procedure Code (CrPC).
President Zillur Rahman sent a reference to the Supreme Court on Aug 17 seeking directives on the trial process, specifically whether the trial of the BDR mutineers could be held under the Army Act 1952. The court appointed 10 senior lawyers as amici curiae, literally 'friends of the court', to advise on the reference. The court began hearing their opinions on the reference on Aug 25 and ended on Sept 3. The majority of the amici curiae opined that trial of BDR personnel could not be held under the Army Act, 1952 even by notification.
-New Nation
