Govt yet to pick law for BDR trial

The government is in a dilemma over which law the trials of the February 25-26 BDR mutiny and carnage will be held under.
An inter-ministerial meeting sat yesterday to decide on the matter but failed to make any decision as loopholes of different laws were pointed out in the meeting. They, however, decided to scrutinise the laws elaborately, a meeting source said.
"The meeting decided to scrutinise the laws so that none can challenge the verdicts of the mutiny cases in the High Court," said the source.
In a post-meeting briefing at the Bangladesh Secretariat, Law Minister Shafique Ahmed said, "We did not make any decision today because there are some legal complexities. After scrutinising the laws, we will make a final decision on July 27."
The meeting was adjourned till 4:30pm July 27.
The two-hour-long meeting chaired by the law minister discussed whether the trial could be held under the army act, the Bangladesh Rifles act or other conventional laws. It also discussed possible legal complications of holding the trials under these laws.
Legal expert Shahdeen Malik, however, told The Daily Star that the trial of the BDR incident could be held under two laws.
"Trial of the mutiny part of the incident could be held under the BDR act while the carnage part under the Penal Code… I do not see any legal barriers in this regard," he said.
But if the trial is held under the army act, the credibility of the trial could be questioned and it will be damaging for the nation in the long run, he said.
In his argument Sahdeen Malik said those who are accused are not army personnel but those killed were army personnel.
Both parties have to be from the army to hold trials under the army act.
He, however, said a section of the army act states for whom the act will not be applicable. The government issuing notifications can bring trials of people concerned under the army act before the crime is committed, not afterwards.
Shafique Ahmed said, "We are scrutinising different laws, army laws, conventional laws, BDR laws, the Penal Code, so that the trial is fair and acceptable to all."
Replying to a query, the law minister said they are analysing the proposals that the BDR director general through letters on June 23 sent to the home and law secretaries.
In the letters, the BDR authorities suggested that the trials of the BDR mutineers be held under the army act.
The letters also said if the trials are held under the conventional law, it will be difficult to prove mutiny charges brought against BDR jawans outside the capital.
"Since the matter is very important, we have taken it seriously and after looking into everything we will decide," the law minister said.
State Minister for Law Qamrul Islam, Attorney General Mahbubey Alam, secretaries to the home affairs and law, director general of BDR, Chief public prosecutor of BDR Anisul Huq, chief metropolitan public prosecutor and representatives from the armed forces division attended the meeting.