It is a shame for our judicial system that Bangabandhu murder case has come to a static condition at the final stage of the appeal procedure. Even the appeal procedure in the High Court was subject to unnecessary delay due to embarrassment by the judges to hear the appeal. The same problem has been repeated in the Appellate Division which is the final court of appeal. It looks like the case is now in the cold storage. Such an attitude as has been encountered in the Bangabandhu murder case is disgraceful. One ought not to overlook the fact that Bangabandhu and his entire family along with other close relatives were brutally murdered by some disgruntled junior army officers. It will remain a blot on our conscience as a nation that such gruesome murder of so many innocent people was not tried in 21 years. And finally after change of government in 1996 when the trial finally started it was deliberately delayed at the appeal stage and finally in the Appellate Division. It has come to a standstill again due to a change of government. But no judicial process can remain inconclusive. It is in the interest of the judiciary, its independence and the rule of law that the Bangabandhu murder case should be concluded by hearing of the final appeal by the Appellate Division, which is entirely a question of law. The delay in the disposal of this appeal is undermining effectiveness and independence of our judiciary. The public perception about our judiciary is bound to suffer by the failure of the Appellate Division to hear the appeal which will be in national interest.If the stalemate in hearing of the appeal is due to non-availability of judges for the good reasons, it can be overcome by appointing adhoc judges in the Appellate Division for hearing the appeal. In the past when the available judges were unable to hear appeal, adhoc judges were appointed to hear such appeal in the interest of justice. So, we have precedent in this regard which may be followed in the Bangabandhu murder case. Our constitution provides for appointment of such adhoc judges. Therefore, there is no bar under the constitution or law to get the appeal heard.
Significance of the trial
This Bangabandhu murder case has special significance. A head of the state along with his family members were gruesomely killed. Such crimes cannot be allowed to go unpunished. This kind of offence if allowed to go untried and unpunished, there is bound to be a snowball effect. In fact, no crime should go unpunished. A society that fails to bring to book the offenders and perpretors of such heinous crime cannot be called a healthy society.
Barrister Rokonuddin Mahmud is President, Bangladesh Supreme Court Bar Association.
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