The High Court verdict that had sentenced to death only risaldar (retd) Muslemuddin for killing four national leaders was not correct, Anisul Huq, principal state counsel in jail killing case, told the Supreme Court yesterday.
He said several prosecution witnesses had stated before the lower court that some other accused along with Muslemuddin had been involved in the killing of Syed Nazrul Islam, Tajuddin Ahmad, AHM Quamruzzaman and Captain Mansur Ali on November 3, 1975.
The state council was placing submission before the apex court yesterday during its fourth day of hearing on the government's appeal against the HC verdict. The verdict had acquitted six former army personnel, who were among the convicted in the jail killing case by a lower court.
The acquitted are dafadar Marfat Ali Shah, dafadar Abdul Hashem Mridha, Lt Col (dismissed) Syed Farooq-ur Rahman, Lt Col (retd) Sultan Shahriar Rashid Khan, Maj (retd) Bazlul Huda and Maj (retd) AKM Mohiuddin Ahmed.
Yesterday, the six-member bench of the Appellate Division headed by Chief Justice Md Muzammel Hossain adjourned the hearing on the appeal until today.
In 2004, the Dhaka Metropolitan Sessions Judge's Court sentenced three former army personnel to death and 12 others for life in the case. The court awarded capital punishment to Muslemuddin, Marfat Ali Shah and Abdul Hashem Mridha.
Those who were awarded life imprisonment for abetting the killers are Syed Farooq-ur Rahman, Sultan Shahriar Rashid Khan, Bazlul Huda, Lt Col (dismissed) Khondaker Abdur Rashid, Lt Col (relieved) Shariful Haq Dalim, Lt Col (retd) SHMB Noor Chowdhury, AKM Mohiuddin Ahmed, Lt Col (retd) AM Rashed Chowdhury, Maj (relieved) Ahmed Shariful Hossain, Capt (retd) Abdul Majed, Capt (relieved) Kismat Hasem and Capt (relieved) Nazmul Hossain.
On August 28, 2008, the HC upheld the capital punishment of Muslemuddin, but acquitted Marfat Ali and Hashem.
It exempted from the case Farooq, Shahriar, Mohiuddin and Bazlul Huda, who had already been executed in the Bangabandhu assassination case, and did not say anything about the eight others given life term by the lower court.