The government and state lawyers believe that the punishment to the seven Islamist militants can be executed before the ruling coalition government's tenure ends on October 28 provided the convicts do not appeal against the verdict with the Appellate Division within 30 days.

In the quickest disposal of a case in the history of Bangladesh, the trial of the sensational case for the first suicide bomb attack in the country was completed in just 131 days from framing of the charges in the lower court.

Senior assistant judges Jagannath Pandey and Sohel Ahmed were killed in the suicide bomb attack at Purba Chadkati in Jhalakathi town on November 14 last year in the wake of a series of bombings by the militants across the country.

On May 29, Additional District and Sessions Judge of Jhalakathi Reza Tarik Ahmed ordered for hanging the seven JMB men, including its chief Abdur Rahman and his top aide Siddiqul Islam alias Bangla Bhai, until death and acquitted one.

Other convicts in the case are JMB Majlish-e-Shura members Ataur Rahman Sunny, Abdul Awal and Faruk Hossain Khan alias Khaled Saifullah, suicide bombers Iftekhar Hasan Al Mamun and absconding Asadul Islam alias Arif.

"The additional sessions judge did not commit any illegality by handing death sentences on the seven accused. There is no ground to interfere in the judgment passed by the additional sessions judge Jhalakathi," the HC bench comprising Justice Ali Asgar Khan and Justice Emdadul Haque said while confirming the death sentence in a crowded courtroom yesterday.

Security was beefed up on the Supreme Court premises yesterday but no special security was arranged for the two judges who delivered the verdict.

"They [the seven convicts] carried out terrorist activities in the name of Islam. Islam does not support terrorist activities," the court said, adding that the prosecution has proved the case beyond reasonable doubt.

The court pronounced its decision around 12:45pm on completion of passing the judgment that started on Tuesday. After a day's adjournment, the court resumed yesterday.

Expressing his satisfaction over the HC decision, state lawyer Deputy Attorney General Helal Uddin Mollah told The Daily Star, "No other country in the world has succeeded completing trials of militants in such a short period."

The verdict will glorify Bangladesh's image abroad. It has also proved that the judiciary in Bangladesh is independent, he said.

"The quick trial and verdict proves that Bangladesh does not support any militant activities in the name of Islam," said Helal Uddin.

He said the verdict can be executed within the tenure of the government if the convicts do not appeal against the verdict with the Appellate Division in 30 days.

"If anyone appeals, the matter will remain pending at the Appellate Division. But those who will not appeal within the stipulated time can be hanged after 30 days," he said.

The state lawyers believe none of the convicts will appeal against the HC decision as all of them said after the trial court judgment that they will not move for appealing against the verdict because they did not acknowledge the trial held by a "Taguti" (non-Islamic) court and not by an Islamic jury board.

After the trial court verdict, six of the seven convicts did not appeal against it. Only Mamun appealed through the jail authority but the HC did not grant his appeal.

As they did not appoint any counsel, the government appointed three state defence lawyers for the seven.

Advocate Muhammad Salahuddin, one of the state defence lawyers, declined to make any comment on the HC decision. "Our main task was to see whether the prosecution produced the evidence properly before the court to prove the charges against the accused beyond doubt," he said.

"I have tried to point out the anomalies and flaws in the evidence," he added.

While delivering the order, the HC bench, however, said, "Contention of the defence lawyer is not sustainable in the eye of law."

Investigation officer of the case Special Assistant Superintendent of Police (ASP) Munshi Atiqur Rahman of Criminal Investigation Department, who was present at the court yesterday, also expects that the verdict will be executed during the tenure of the present government.

Asked what will happen to other cases that also accuse these seven militants after execution of the death sentences, he said, "Their names will be excluded from the charge sheets."

Asked if hanging them will hamper the investigation and trial of the other militant cases, Munshi Atiq replied in the negative, saying, "They have already made their statement."

WHAT NEXT
Under article 103 of the constitution, the seven condemned prisoners must individually file appeal, if they want to, before the Appellate Division. The time for such appeal under the Limitation Act is 30 days. The time for getting the certified copy of the judgment--if applied for--will be deducted, said criminal law expert Anisul Huq.

But if no certified copy is applied for, then any appeal will be time-barred on the expiry of 30 days and the condemned prisoner may be executed if he does not apply for mercy to the president, he said.

After expiry of 30 days, the jail authority will ask the convicts if they want to seek mercy from the president. "If they send mercy petition through the jail authority, the matter will be resolved basing on the decision of the president," he said.

The condemned prisoners may be executed if they do not apply for the presidential mercy or remain silent about it, he said.

"In this case, the 30-day period expires on September 30. So, the judgment can be executed on any date from October 1 provided the condemned prisoners do not prefer appealing before the Appellate Division or seek mercy from the president," said Anisul Huq.

Law Minister Moudud Ahmed on Tuesday said he is hopeful that it will be possible to execute the death sentence awarded on the seven militants during the tenure of the present government.

BACKGROUND
On their way to the court, Jagannath Pandey and Sohel Ahmed were waiting in a microbus in front of Assistant Judge Abdul Awal's house in Quarter Palli area in Jhalakathi town on November 14 last year when suicide bomber Mamun blasted a bomb on their vehicle.

Sohel died on the spot while Jagannath died later at the hospital. Suicide bomber Mamun was arrested from the spot with grave injuries.

Two separate cases were filed with the Jhalakathi Police Station--one for murder and another for bomb explosion.

On February 20, Barisal Divisional Speedy Trial Tribunal awarded 40 years' rigorous imprisonment to Abdur Rahman, Bangla Bhai, Molla Omar (killed in Rab action in Comilla) and Khaled Saifullah in the bomb explosion case filed under the Explosives Act.

The charge sheet of the murder case was submitted on March 21 and the court framed charge on April 23. The judgment was delivered on May 29 following examination of 45 witnesses and hearing of arguments of both sides.

Apart from the seven condemned, the investigators found proof of six others' involvement in the conspiracy to kill the two judges. They, however, did not press charge against Molla Omar as he died by then in Rab action.

Although the charge was primarily proved against Mehedi, Moaz, Talha and Mahmud, they were not accused in the charge sheet as their full address could not be found. The investigators said they would submit a supplementary charge sheet later if they can collect the addresses.

Chargesheeted accused Sultan Khan was acquitted by the court as the charge could not be proved against him.

Immediately after the verdict, the government took steps for quick disposal of the militants' death reference case as over 500 cases still await paper-book preparation (history of the case) and death reference hearing in the HC.

The HC later granted permission for preparing the paper-book of the case on priority basis. On completion of the paper-book, hearing of the death reference began on August 1 and was completed on August 23 after 10 working days. The HC examined statements of 44 witnesses before delivering the verdict.

MOUDUD'S REACTION
Law Minister Moudud Ahmed yesterday said the militants convicted of Jhalakathi judges killing will be executed during the tenure of the alliance government if they do not appeal to the Appellate Division.

"Bangladesh has proved that the militants can be detected, arrested and be put into trial," Moudud told BBC Bangla Service last night in his reaction to the High Court verdict that confirmed the lower court's death sentence to the seven militants.

The verdict proves that the government has strong political commitment on the issue, Moudud said.

Meanwhile, the main opposition Awami League (AL) has expressed doubt over the government's intention regarding the militants.

AL General Secretary Abdul Jalil said, "We do not have any confidence in the government until the final execution of the verdict."

Jalil cited the example of Jhinto who was awarded death penalty in a murder case 22 years ago and was later granted the president's mercy in 2005 just after his return from Sweden.