BDR Mutiny Case: Certified copy of 29,000-page HC verdict in limbo
Neither the defence nor the state side in the 2009 BDR mutiny case have yet received the certified copy of the High Court verdict, which is necessary for them to move appeals before the Supreme Court’s Appellate Division, challenging the HC judgement.
The HC on January 8 released the 29,059-page-full text of its verdict, that confirmed death penalty for 139 accused and upheld life imprisonment of 185 others for their involvement in the atrocities and massacre at the BDR Pilkhana headquarters in 2009.
The verdict is one of the largest in the world, in terms of accused involved -- 846 and numbers of pages.
“We have applied to the ‘copy section’ of the High Court for the certified copy of its BDR verdict, after the court [HC] announced the verdict in November 2017. We also communicated with the department after the HC released the full text of the verdict on January 8 this year. But we are yet to get any certified copy of the verdict,” Advocate Aminul Islam, a defence lawyer for more than 400 accused of the case, told The Daily Star last week.
At the same time, he said a financial complication has arisen over the certified copy of HC verdict, as around Tk 9 lakh would be needed for a single certified copy if it is made in the folio (court-stamp) paper that is yellow in colour.
“Traditionally, an appeal is filed annexing the certified copy in the yellow folio paper. If the certified copy is made in the normal white paper, it will cost only Tk 30,000 to Tk 40,000,” the defence lawyer said.
Aminul said yesterday he has submitted an application to the chief justice on Wednesday for his permission to receive the certified copy in normal white paper and to file appeal using such a certified copy. “The chief justice is yet to give a decision on it,” he added.
Advocate Aminul said if the accused don’t get permission to receive the certified copy in the normal white paper, it will be difficult for them to file appeals with the apex court challenging the HC verdict.
“Appeals will have to be filed in 30 days after receipt of the certified copies of the High Court judgement. Once the appeals are filed, the Supreme Court may set a date for starting their hearing. The chief justice may constitute a bench for hearing and disposing of the appeals in this particular case,” he said, adding that it cannot be said at this moment how much time will be needed for final disposal of this case.
Contacted, Supreme Court Registrar General Md Ali Akbar told this correspondent that authorities will provide the certified copy of the HC verdict in BDR carnage case as per relevant rules and regulations.
Attorney General Mahbubey Alam also told this newspaper last week that his office was yet receive any certified copy of the HC verdict in the case.
“The government will file appeals with the Appellate Division against the parts of the High Court verdict that acquitted the accused, and seek due punishment for them,” he said.
The mutiny on February 25-26, 2009 left the nation shocked -- as details of the unthinkable cruelty perpetrated at the Pilkhana headquarters of the paramilitary force emerged.
BDR was later renamed Border Guard Bangladesh (BGB).
The HC on November 27, 2017 pronounced the verdict that confirmed death penalty for 139, upheld life imprisonment of 185, three to 10 years’ imprisonment of 200 and acquitted 283 accused of the case.
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