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Thursday, 09 February 2012

BDR mutiny trial court sets April 15 to frame charges against accused

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Reported by: UNBconnect
Reported on: February 24, 2010 13:06 PM
Reported in: National
News - BDR mutiny trial court sets April 15 to frame charges against accused
Dhaka, Feb 24 (UNB) – A special court, with BDR Director-General Maj Gen Mainul Islam presiding, on Wednesday fixed April 15 for framing charges against the accused in the BDR mutiny case.

The special court-5, which resumed at 10:35am today, continued its proceedings for over one hour and adjourned till 9am on April 15 when the charges will be framed and read out against the accused.

Some 84 accused were brought to the court at the BDR Darbar Hall this (Wednesday) morning. Of them, 83 were put on the dock while another accused suffering from chicken pox, was kept in an ambulance outside the court room.

As the court resumed, prosecutor Maj Matiur Rahman, who is acting Commanding Officer (CO) for BDR Dhaka Sadar Sector, gave an account of the BDR mutiny staged on February 25-26 last year.

He narrated the allegations against the accused and said they have committed punishable offences under the Bangladesh Rifles Order, 1972 section 10A (1).

Maj Matiur said he has 30 witnesses as well as video footages and other evidences against the accused persons.

The court said this is for the first time such trial is being held in a special. In the future, similar trial will not be held as existing law will be changed.

The court told the accused that they would get at least 27 days to prove their innocence as per the BDR act.

An accused, if he so wants, will be given the opportunity of appointing ‘a friend of the accused’ from among the officers of his own battalion to seek legal aid. An accused can also hire a private lawyer at his own expense but ‘a friend of accused’ or a private lawyer cannot cross-examine a witness. Only an accused can examine a witness.

Maj Gen Mainul Islam said the court will take lenient view about punishment if an accused confesses his guilt on the day of charge-framing.

An accused will get the right to self-defence under section 3 (V) of the BDR Act. All the 84 accused will be brought to court on April 15 to hear the charges.

Maximum punishment of an offence under the BDR Act is seven years.

The court asked the prosecutor to issue warrants against the absconding accused within 15 days. If the absconding accused does not appear before the court, they will be prosecuted in absentia.

The court also asked the prosecutor to publish notice in two Bangla newspapers within 15 days for the surrender of the absconding accused. If they do not surrender, their movable and non-movable property will be confiscated.

The Special Court-5 began functioning from Feb 23 at the Durbar Hall of the BDR Pilkhana headquarters, where a massacre of its top orders took place on February 25-26 last year.

The special court-5, formed under the Bangladesh Rifles Order 1972, is trying the BDR members of Dhaka Sector headquarters who allegedly took part in the mutiny inside the BDR headquarters.

BDR Director-General Maj General Mainul Islam presided over the three-member special trial court. Two other members were Lt Col AKM Gulam Rabbi and Maj Sayeed Hasan Taposh.
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