Law ministry sends reference to PM
The law ministry yesterday sent to the premier the reference seeking Supreme Court's opinion on whether the people charged with mutiny and massacre at the BDR headquarters should be tried under the civil code or the military law for forwarding it to the president.
State Minister for Law Qamrul Islam yesterday told The Daily Star that the president would send the reference to the SC through the law ministry and the SC registrar's office for the apex court's instructions.
The government will hold the trial as per the SC directives, he added.
However, Secretary of the president's office Shafiul Alam yesterday said they were yet to receive any draft with the premier's request to the president for signing the reference for SC's opinion.
The law ministry on August 12 finalised the reference drafted by the attorney general's office.
Sources said the reference sought the SC's opinion on whether the accused BDR personnel can be tried under the Army Act 1952.
It also asked for the apex court's suggestion whether it is necessary to issue any notification if the accused are tried under the Act. And if so, which of the three ministries -- home affairs or defence or law ministry -- will have to issue the notification, sources said.
Law Minister Shafique Ahmed earlier said since the BDR Act and conventional laws have some inadequacies in trying the perpetrators of a savagery like the massacre at the BDR headquarters, the government decided to seek SC's opinion on the matter.
The Army Act has no such shortcomings but the government will follow the Supreme Court's guidelines to avoid any argument, he added.