1975 ‘Army mutiny’ should be tried by court martial
Thu, Oct 22nd, 2009 8:08 pm BdST
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Dhaka, Oct 22 (bdnews24.com)—A military coup was orchestrated on Aug 15, 1975, defence counsel for one of the death convicts in the Bangabandhu murder case said on Thursday during the appeals hearings.
Khan Saifur Rahman, lawyer for death convict Syed Faruk Rahman, said the trial of the mutiny should be held under court martial and the trial and verdicts in the case held under civil law should be nullified.
He said, “The killing was part of a mutiny and cannot be viewed from any other perspective.”
The five-judge Appellate Division bench headed by Justice Mohammed Tafazzal Islam had resumed hearings on arguments for a sixth day Thursday morning, ending for the day at 1:30pm.
On the 14th day of the appeals proceedings, advocate Khan Saifur Rahman said Gen Ziaur Rahman’s killing was a part of military coup and its trial was held under court martial.
“The trial of August 15 cannot be held under ordinary law and the trial verdict given under existing law must be nullified,” Rahman said in his argument.
Citing an example, Saifur said if killing takes place during a robbery, the offence of robbery and killing are held simultaneously.
“Aug 15 was a part of a coup and the killing and coup must be tried simultaneously by court martial,” he argued
Opposing him, state counsel Toufiq Newaj said the trial of Gen Zia’s killing was held under a state of emergency.
“All the fundamental rights were frozen during the period,” Newaj said. —————–
Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, San Diego, Norfolk, Jacksonville, Fort Bragg, Fort Jackson, Fort Stewart, Fort Gordon, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States.
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