Convicts to file review petition

Barrister Abdullah-al Mamun, counsel for convicts Bazlul Huda and AKM Mohiuddin, yesterday said they would file a review petition with the Supreme Court within the stipulated 30 days after getting certified copy of the SC judgment.

Mamun told a press briefing at the SC Bar Auditorium that the SC upheld the High Court verdict that confirmed death sentence to 12 convicts in the Bangabandhu Sheikh Mujibur Rahman assassination case.

He said Bangabandhu is the father of nation. The nation wants justice for such heinous killings but the trial has to be held as per the law.

The counsel said there was no scope for filing any appeal against the SC verdict but the convicts have the opportunity to file review petition within 30 days from the day of receipt of the judgment copy.

"We shall file a review petition right after receiving the certified copy of the verdict," he said.

The review petition has to be submitted within 30 days in line with the Supreme Court Rule No-26. If it gets rejected, they will file clemency petition to the president under Article 49 of the constitution. The 30-day period will be counted after receiving the copy of the judgment, he said.

The president can commute the sentence against the convicts, pardon them, stay or uphold the verdict. If the president rejects the mercy petition, the verdict will be executed after 21 days or before 28 days, Mamun said.

"The prosecution has failed to prove charges against the convicts. The convicts deserve to be acquitted. But the court in its verdict said the prosecution has proved the case beyond doubts. We shall get to know about it in detail after we receive the copy of the verdict," Mamun said.

On holding trial under existing law, Mamun said: "The four people, killed in the event, were army members. President Sheikh Mujibur Rahman was the commander-in-chief. So, their trial should have been held under Army Act."

Pointing out the SC ruling on the mode of trial for the BDR mutiny, the counsel said, "The Supreme Court said the trial will be held under the law under which the accused fall. In this case, the trial was held under the law under which the victims fell."

"The killers have the right to self-defence. That's why I fought the case. I also want justice but it should be ensured as per the law," he said.

“According to the Supreme Court Rules, the execution cannot be carried out until the completion of all legal procedures including settlement of review petitions," Mamun said.

Of the convicts, the jail officials at around 7:00pm informed those who are in Dhaka Central Jail about the final verdict formally, Jail sources said.

Towhidul Islam, senior superintendent of Dhaka Central Jail, told The Daily Star that a team of jail officials informed the death convicts about the Supreme Court verdict.

On hearing the news, the convicts expressed their desires to talk to their lawyers and family members to file review petitions.