The lawyer for a death convict in Bangabandhu murder case has questioned the role of then army chief K M Shafiullah and air force chief A K Khandker on Aug 15, 1975 at the second day's hearing of arguments. The five-judge Appellate Division bench headed by Justice Mohammed Tafazzal Islam ended the hearing at around 1:30pm on Sunday, which had begun at 9:45am.

Barrister Abdullah Al Mamun, who delivered his arguments on the appeal by death convict retired Major Bazlul Huda, would continue with his arguments on Monday. After the hearing, Mamun told reporters, "The army intelligence had reported to army chief Shafiullah that troops were out from the cantonment to kill Bangabandhu. "Fighting might have been erupted had Shafiullah sent other troops right away to stop them. But he did not do so. So there must be a third quarter behind the killings."

He also questioned the role of Khandker, now planning minister. "The witnesses have said that Bangabandhu's body was sent to Tungipara by a helicopter on August 16. Then why any helicopter had not been sent to Kalabagan or Abahani ground?" Mamun during Sunday's hearing claimed his client was innocent. "Bazlul Huda was not present during the Bangabandhu killing; he even was not at the Bangabhban. [So] he is not involved with the incident," Mamun contended. As the court asked who then was behind the killing, Mamun replied with another question, "My client or anyone else?" He appealed the court to bring then army's Dhaka Station commander Col Matiur Rahman before the court.

The court repeatedly asked Mamun to present specific arguments. Mamun was given half an hour to present one out of five arguments fixed in the 'leave to appeal'. After the hearing, chief state counsel Anisul Haque told reporters, "The trial court allows deliberations on many issues, but in the Appellate Division there should be specific issues to speak about. "The court has said there should be specific argument." While reading out the testimony by witness Abdul Quddus, Barrister Mamun said Maj Huda had gone to the airport with Bangabandhu's body after killing him. Huda had earlier carried the remaining nine bodies to Banani. He had also gone to Mohammadpur to buy ten wooden crates for carrying the bodies, he added. "It is not humanly possible to run so many errands after committing a murder. One generally becomes quite abnormal after killing anyone," Mamun pointed out.

He said one of the defendants, Abdul Wahab Zoardar, brought bullets on the day before the incident. There were no other bullets at that house. "But why would security man Abdul Quddus look for bullets? The trial court did not trust the information that there was not one thousand rounds of bullet at Bangabandhu's house. "The trial court thought there were bullets at that house, but those were not used." The lawyer said three judges of the High Court did not intervene in the trial court's ruling acquitting Zoardar. In response, the court said there was no appeal challenging Zoardar's acquittal. Mamun said the trial court did not trust the testimony of witnesses Abdul Gani, Abdul Quddus and Sohrab about the presence of Zoardar and one thousand rounds of bullet.

The court said having seen witness Gani, Bazlul Huda asked him how he had been doing. Witnesses Quddus and Gani were in the same division in Comilla under Maj Dalim. Bazlul Huda was adjutant of that division. They were transferred to the Bangabhaban and Ganabhaban. So there was no reason to doubt the statements of Quddus and Gani about having seen Bazlul Huda. The court further said that Quddus and Gani had said artillery troops had khaki uniform while the lancers had worn black uniform. The court said after the killings had taken place, Huda asked Quddus and Gani to look after the bodies, as there was no need for guard there.

Mamun said had Bazlul Huda recognised Gani, then he should have not kept him alive. In response, the court said many who were present during the killings are still alive. "Now you are saying that Bazlul Huda was not present there during the killing. Later you may say that no killing took place at all," the court told Mamun. In reply, Mamun said, "Bangabandhu is my leader; I won't say that he didn't die." The top court during Thursday's arguments on appeals heard that both local and foreign machinations were involved in the killing of then president and independence leader 'Bangabandhu' Sheikh Mujibur Rahman. Earlier on Wednesday, the bench concluded the hearings on rulings given by previous judges on the case.

The freshly formed bench began hearing the appeals on Mujib murder case on Oct 5. A day before, chief justice M M Ruhul Amin constituted the bench with justices Mohammed Abdul Aziz, Bijoy Kumar Das, Mohammed Mozammel Hossain and Surendra Kumar Sinha being the other members. None was allowed to file a case immediately after the assassination on Aug 15, 1975. The government of Khandker Mustaque Ahmed that was installed after the bloody military coup passed an ordinance in November that year indemnifying the perpetrators and closing the door on the possibility of a trial.

The Awami League government revoked the indemnity ordinance in 1996 and cleared the way for the trial. Then, president Mujib's personal assistant Muhitul Islam filed a case on Oct 2, 1996 with Dhanmondi Police Station against 24 persons. On Nov 8, 1998, Dhaka sessions judge Golam Rasul awarded death sentences to 15 of the 20 accused. Four of the convicts-Major (retd) Bazlul Huda, Lt Col (dismissed) Syed Faruk Rahman, Lt Col (retd) Sultan Shahriar Rashid Khan and Lt Col (retd) Mohiuddin Ahmed-appealed to the High Court against the verdict.

On Dec 14, 2000, the High Court gave a split verdict in the case-Justice Md Ruhul Amin upheld death sentences of 10 of the convicts but Justice A B M Khairul Haque retained death sentences of all the 15. On April 30, 2001 Justice Mohammad Fazlul Karim of a third High Court bench upheld death sentences of 12 and acquitted three. Of the 12 death convicts, four submitted 'leave to appeal' in the Appellate Division in the same year. Another death convict, lancer AKM Mohiuddin, made an appeal from jail after he was deported from the United States on June 18 last year. Of those having received death sentence, former Lt col Abdur Rashid, Lt Col Shariful Haq Dalim, Lt Col Noor, Risalder Moslemuddin, Lt Col Rashed Chowdhury and Capt Majed are absconding. Absconding convict Aziz Pasha died in exile in Zimbabwe.

-New Nation