Govt statement on Pilkhana probe commission 'contradictory': lawyer

The lawyer who filed the petition on the formation of an independent investigation commission on the killings at the then BDR headquarters in Dhaka’s Pilkhana considers the home ministry's statement regarding the matter "contradictory”.

In response to the petition, the government submitted a report to the High Court bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury on Sunday.

The hearing on the issue was subsequently adjourned until Jan 5, reports bdnews,24.com.

Supreme Court lawyers Tanvir Ahmed and Biplab Kumar Poddar filed the petition last month, seeking directions to establish a national independent commission/committee to re-investigate the killings in Pilkhana on Feb 25 and 26, 2009.

Tanvir told reporters: "Previously, on the due date, they informed the court through the attorney general that a committee had been formed.

“Later, it was stated that the law ministry had vetted the committee's formation.

"The High Court dismissed my representation on this, citing two pending cases in the Supreme Court as the reason the committee could not be formed.

“They have issued a letter to this effect, which I find contradictory to the home advisor's statements."

The petitioners personally conducted the hearing on Sunday.

Deputy Attorney General Tanim Khan and Assistant Attorney General Muzahedul Islam Shahin represented the state.

The petition, filed on Oct 20, lists the home secretary, cabinet secretary, law secretary, inspector general of police, and director general of RAB as respondents.

Before filing the petition, the lawyers had submitted an application to the home ministry requesting a re-investigation of the incident.

After receiving no response, they pursued the matter in court.

Following the initial hearing, the High Court issued an order and a rule on Nov 5, directing the home secretary to dispose of the application within 10 days and submit a report to the court.

On Dec 2, the state informed the High Court that relevant authorities had initiated the process of forming an independent committee.

The deputy attorney general requested two additional weeks, prompting the court to set Dec 15 as the date for the order.

On Feb 25 and 26, 2009, 74 individuals, including 57 army officers, were killed in a mutiny at the Bangladesh Rifles, or BDR, headquarters in Pilkhana, Dhaka.

The incident caused widespread concern both nationally and internationally.

Following the mutiny, the BDR was renamed Border Guard Bangladesh, or BGB, with changes to its uniforms.

While the mutiny was tried in a BGB court, the murder case proceeded in the conventional judicial system.

Two cases were filed under the Murder and Explosives Act in connection with the incident.

Of the accused, 468 BDR members, acquitted or having served their sentences in the murder case, remain in custody due to charges under the explosives case.

The trial of 850 individuals in the murder case concluded on Nov 5, 2013.

Among the verdicts, 152 people were sentenced to death, 160 received life imprisonment, and 256 were given varying terms of imprisonment.

A total of 278 individuals were acquitted.

On Nov 27, 2017, the High Court delivered its death reference and appeal verdicts.

It upheld the death sentences of 139 accused, sentenced 185 to life imprisonment, and imposed varying prison terms on 228 others, while acquitting 283.

A total of 54 accused, including 15 who passed away, did not face trial.

Currently, 226 accused have filed appeals against the High Court verdict, and the state has sought leave to appeal against the acquittal or reduced sentences of 83 accused.

These appeals and leave petitions await hearings.

Separately, the trial of 834 accused under the Explosives Act began in 2010.

However, mid-trial, the state paused proceedings to prioritise presenting evidence in the murder case, causing delays in the explosives case.

Since the interim government took office, calls for a re-investigation into the BDR mutiny have intensified.

Home Advisor Jahangir Alam Chowdhury recently confirmed that the fresh inquiry nto the BDR mutiny killings would commence soon.

During a visit to the BGB headquarters in Pilkhana last month, he said: "The re-investigation of the BDR killings will and must proceed.

“An investigation team will be formed soon. Since other matters are being addressed, this too will follow suit."