13 Years of BDR mutiny: Justice tangled up in lengthy procedures

Thirteen years have passed after the BDR mutiny, but the victims' families and the accused in the carnage case are still waiting for justice due to the lengthy legal process and the Covid-19 pandemic.

It is uncertain when their wait would be over as 69 appeals in the case are pending with the Appellate Division of the Supreme Court.

Besides, the trial court could not finish recording statements of witnesses in another case filed under the Explosive Substances Act in connection with the same incident.

Despite having served their jail sentences, many convicts in the carnage case cannot walk out of jail as they stand accused in the second case which is currently under trial.

A total of 74 people, including 57 army officials, were killed in the mutiny that took place at the Pilkhana headquarters of the erstwhile Bangladesh Rifles (BDR) on February 25-26, 2009.

The mutiny had left the nation benumbed, as people stood aghast at the extent of the barbarity perpetrated at the headquarters of the paramilitary force, later renamed Border Guard Bangladesh (BGB).

A total of 829 people, mostly BDR members, were accused in the carnage case.

On November 5, 2013, a Dhaka court awarded death sentence to 150 BDR members and two civilians, and life imprisonment to 160 others for their role and involvement in the carnage. A total of 256 people, mostly BDR soldiers, were handed rigorous imprisonment.

The court acquitted 278 others, but the prosecution later appealed against the acquittal of 69.

The HC in January 2015 started hearing the appeals of the convicts and pronounced its verdict on November 27, 2017 confirming death penalty of 139. It upheld life sentences of 185 and three to 10 years' imprisonment of 256.

The court acquitted 209 accused.

The execution of the death row convicts now depends on hearing on appeals by the Appellate Division and its verdict.

Attorney General AM Amin Uddin on Friday said, "The BDR mutiny case is a major case. Both the prosecution and the defence have filed appeals with the Appellate Division challenging the High Court verdict. The apex court will decide when it will start hearing the appeals maintaining the serial number of the cases.

He said he could not say how much more time would be needed for completing the hearing on the appeals and when the verdict would be implemented.

BEHIND BARS BEYOND JAIL TERM

A total of 256 convicts in the carnage case are behind bars beyond their jail term as the trial of the second case filed under the Explosive Substances Act is yet to be completed.

Public Prosecutor Mosharraf Hossain Kajol said the accused in the BDR carnage case, who have already served their jail sentences, and those acquitted by the trial court and HC, cannot be freed as they are arrested in the second case.

The trial of the second case was delayed due to the pandemic, he told The Daily Star.

The lawyer hoped that the trial would be completed this year.

Aminul Islam, a defence lawyer in the second case, said the trial court has so far recorded statements of around 170 witnesses out of 1,264.

It still remains uncertain when the court would finish the trial and when the 200 accused, acquitted by the HC, would be freed, he said.

At least three more years will be needed for completing the trial of the case in the lower court, Aminul said.

Former BDR member Abdur Rashid was acquitted in the killing case by the lower court. The prosecution did not file any appeal with the higher court against his acquittal, but he is yet to be freed as he stand accused in the second case, said his family members.

Rashid's son Abdullah Al Mamun Shakil said they were absolutely helpless now.

"My mother often cries thinking of my father's plight. My father joined office at the BDR headquarters in Pilkhana just a couple of days before the mutiny."

Shakil said petitions were filed thrice seeking bail for his father in the second case, but the lower court denied him bail and even did not issue any written order. And that's why his father cannot lodge a bail petition with the HC.

"So far I know, there are at least 24 people, including my father, who were acquitted by the trial court and the High Court and the state have not filed any appeal against their acquittal. But they are still behind bars," he added.

Babul Mia, brother-in-law of Major Mosharaff, who was killed in the mutiny, said they were satisfied with the verdict in the carnage case.

"We want the verdict to be implemented at the earliest," he told The Daily Star.