Most amici curiae against BDR rebels’ trial under Army Act

Three amici curiae Dr Kamal Hossain, former advocate general Mahmudul Islam and Barrister Azmalul Hossain QC yesterday told the Appellate Division of the Supreme Court that the offences committed during the BDR mutiny cannot be tried under the Army Act while another amicus curiae Barrister Rokanuddin Mahmud opined that the Supreme Court should refrain from giving opinion on the president’s reference and return it to the government.
“Those who were involved in the BDR mutiny directly or indirectly should be separated on the basis of their offences through investigation for ensuring proper justice,” Dr Kamal added on the second day of his submission on the presidential reference.
“As per the law the criminal should be punished and we also want punishment for the criminals. But we don’t want that the innocent BDR personnel are punished,” he told the court.
“The BDR mutineers cannot be tried under Section 5 of the Army Act of 1952 by issuing a gazette notification with retrospective effect,” Dr Kamal said.
After Kamal’s submission Advocate Probir Neogi placed a written submission before the apex court on behalf of Advocate Mahmudul Islam. A majority of amici curiae have expressed the view that BDR mutineers cannot be tried under the Army Act. In his written submission Advocate Mahmudul Islam stated that the accused BDR personnel cannot be tried under the Army Act 1952 even by giving retrospective effect to this act by issuing gazette notification.
Former president of the Supreme Court Bar Association, Barrister Rokanuddin Mahmud told the court that the President sent the reference to the Supreme Court (SC) seeking opinion whether the trial of the BDR mutineers could be tried under the Army Act, which proved that the government had already taken decision to hold the trial of the BDR mutineers. “The Supreme Court will have to refrain from giving its opinion on the reference and it should return it to the government by saying that it as a premature reference.” The apex court can decline to give answer to the reference and return it, Barrister Rokunuddin said referring to cases in India and Pakistan.
In his submission he also said that the BDR mutineers can’t be tried under section 5 of the Army Act by issuing notification as retrospective could not be given by issuing notification to hold the trial of BDR mutineers. After his submission Barrister Siddiqur Rahman Khan submitted a written statement before the apex court on behalf of Barrister Azmalul Hossain QC.
In his written statement Azmalul Hossain QC stated that the Army Act is not applicable to the BDR mutineers as all forces are run by their own laws, including the trial of offenders.
 
Courtesy of The Independent