Rafique, Mahbubuddin suggest court martial
File photo
Star Online Report
Amici Curiae Barrister Rafique-Ul Huq and Advocate Khandaker Mahbubuddin Ahmed today suggested that the BDR mutiny trial could be held under military law.
Their opinions came a day after Amicus Curiae TH Khan said the military law was not applicable for the border guards.
Rafique-Ul Huq and Advocate Khandaker Mahbubuddin Ahmed told the Supreme Court that the mutineers could be tried in military court by issuing notifications to them.
Rafique has said the director general of the BDR, who leads the border guards, is appointed from the army. So, the accused BDR jawans could be tried under the Army Act 1952, he added.
Mahbubuddin said two separate notifications would have to be issued to try the mutineers under the military law—one to bring the accused to the trial under the Army Act and another to sustain the BDR law during the trial.
TH Khan, another amicus curiae who placed his submission on the reference on the first day of the hearing, opposed trial of the accused BDR mutineers under the military law saying, the offences committed in the BDR mutiny could not be tried under the military law since the BDR was not a disciplined force like the army.
An 11-member full bench of the Appellate Division, headed by Chief Justice MM Ruhul Amin, heard the opinions on the president’s reference seeking the apex court’s opinion on whether the BDR personnel accused of various offences committed during the February 25-26 bloody mutiny can be tried under the military law.
TH Khan had suggested that the BDR law be amended to try the offenders since it did not postulate any mode for such trial.
Among other amici curiae, TH Khan, barrister M Amir-Ul Islam, advocate AF Hassan Ariff, barrister Ajmalul Hossain and advocate AFM Mesbahuddin were present in the courtroom during the hearing.
The Supreme Court appointed 10 senior lawyers as amici curiae on August 19 for hearing their opinions on the reference.
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. military-defense-lawyer-recentcases.htm.
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