The state petitioned for permission to file appeal with the Appellate Division of the Supreme Court against the High Court judgment in the Jail Killing Case concerning the assassination of four national leaders in captivity during the 1975 political topsy-turvy. Advocate-on-Record Musfiqur Rahman filed the leave-to-appeal petitions with the relevant sections of the SC on behalf of the state, court sources said yesterday (Monday).
On August 28 last year, the High Court acquitted six ex-army men, including Syed Farook Rahman, Sultan Shahriar Rashid Khan, Bazlul Huda and AKM Mohiuddin Ahmed, of the charges of killings in Dhaka Central Jail on November 3, 1975.
However, the HC upheld the death sentence on Risaldar (retd) Muslemuddin, still on the run.
Of those exonerated, Dafadar (dismissed) Marfat Ali Shah and Dafadar (dismissed) Abdul Hashem Mridha had been sentenced to death by trial court and Lt Col (dismissed) Farook, Lt Col (retd) Shahriar Rashid, Major (retd) Huda and Major (retd) Mohiuddin to life for their role in the killing of the four veteran Awami League leaders.
Marfat Ali and Abdul Hashem are fugitives while the rest behind bars with death sentences hanging overhead in the Bangabandhu Murder Case.
However, the HC bench comprising Justice Nozrul Islam Chowdhury and Justice Md Ataur Rahman Khan did not pass any order on the eight lifers who had not filed any appeal. This means their convictions by the lower court remained valid.
The eight, believed to be holed up abroad, are Lt Col (dismissed) Khondaker Abdur Rashid, Lt Col (relieved) Shariful Haq Dalim, Lt Col (retd) SHMB Noor Chowdhury, Lt Col (retd) AM Rashed Chowdhury, Major (relieved) Ahmed Sharful Hossain, Captain (retd) Abdul Majed, Captain (relieved) Kismat Hashem and Captain (relieved) Nazmul Hossain.
The killing of liberation movement veterans Syed Nazrul Islam, Tajuddin Ahmed, M Mansur Ali and AHM Qamaruzzaman took place little over two and a half months after the August 15 assassination of Bangabandhu Sheikh Mujibur Rahman.
In the verdict, the court asked the authorities to release those in jail if there were no other charges pending against them.
Farook, Shahriar Rashid, Huda and Mohiuddin are detained also in Bangabandhu Murder Case. They have been condemned to death in the case. Their appeals against the convictions are now pending with the Appellate Division of the Supreme Court.