The then president Khandaker Mushtaq Ahmed held a meeting with all the accused of the jail killing case on November 2, 1975 night at Bangabhaban where the decision to kill the four national leaders was taken.
Anisul Huq, principal state counsel for the case, told this to the Supreme Court yesterday.
As per the decision, Risaldar (retd) Muslemuddin, Dafadar Marfat Ali Shah and Dafadar Abdul Hashem Mridha went to Dhaka Central Jail by a car in the early hours of November 3, 1975 to kill the leaders, he said.
Anisul Huq was quoting from the lower court judgement in the case while placing his statement during a hearing before the Appellate Division.
Yesterday was the fifth day of the hearing on the government's appeal against the High Court verdict that acquitted six former army personnel in the jail killing case.
The six-member bench of Appellate Division headed by Chief Justice Md Muzammel Hossain adjourned the hearing till February 5.
Anisul Huq told the apex court that the then president Khandaker Mushtaq had telephoned the Dhaka Central Jail authorities to allow Muslemuddin and his associates to enter the jail and do their jobs.
Accordingly, Muslemuddin and his associates entered the Dhaka Central Jail in the early hours on November 3, 1975 and killed the four leaders, the counsel added.
In 2004, the Dhaka Metropolitan Sessions Judge's Court sentenced three former army personnel to death and 12 others for life in the case filed in connection with the killing of Syed Nazrul Islam, Tajuddin Ahmad, AHM Quamruzzaman and Captain Mansur Ali.
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 in its verdict 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.