Defence argues for retrial

Representing the BDR carnage case's three death row convicts, Khandker Mahbub Hossain yesterday told the High Court, without elaborating, that if a proper investigation was carried out, a retrial would be held.

The senior defence lawyer was placing arguments for Khandker Zakaria Mollah, Shamim Al Mamun and Jasim Uddin during the 176th day's hearing on appeals filed individually and collectively by the 567 convicts.

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Fixing today for resuming the hearing, which began on January 18 last year, the HC bench of Justice Md Shawkat Hossain, Justice Abu Zafor Siddique and Justice Md Nazrul Islam Talukder asked Khandker to place arguments from the aspects of the case's documents and evidence.

Khandker, also a BNP leader and president of Supreme Court Bar Association, alleged to The Daily Star that the main perpetrators had not been brought to book.

A full-fledged investigation will reveal the instigators and there might be a retrial, he said, adding that the investigation was very limited as it did not find the conspiracy's main perpetrators.

He said such a deadly incident could not have occurred dodging intelligence agencies had there not been a powerful quarter behind the scenes.

The conspiracy behind the incident was to destroy the army but he did not know the perpetrators, he said, adding that history would say when a retrial might be held.

Seventy-four people, including 57 army officials, were killed during the Bangladesh Rifles (BDR) mutiny on February 25-26, 2009 at the force's Pilkhana headquarters in Dhaka.

In November 2013, a Dhaka court sentenced 150 soldiers of BDR, now Border Guard Bangladesh, and two civilians to death, and jailed 161 for life for their involvement.

It also gave rigorous imprisonment, ranging from three to 10 years, to 256, mostly BDR soldiers. The remaining 277 were acquitted.

A total of 844 people, 823 of them BDR personnel, stood trial in Bangladesh's biggest criminal case in terms of the number of accused and convicts.