Col Taher’s brother seeks justice in changed legal climate
Dhaka, Aug 23 (UNB)- The High Court on Monday issued a rule asking the government to explain why the martial law regulation constituting a special martial law tribunal, under which Lt Col (retd) MA Taher was sentenced to death, should not be declared illegal and unconstitutional.
An HC division bench comprising Justice AHM Shamsuddin Chowdhury and Justice Sheikh M Zakir Hossain issued the rule following a writ petition filed by Prof Anwar Hossain, the brother of executed Taher, along with two other close relatives.
The HC order also asked the government to call for the case records of the special martial law tribunal case No-1 of 1976 to the court in which Lt Col (retd) Taher was awarded capital punishment and 14 others were sentenced to different jail terms.
The rule is made returnable within three weeks.
An HC division bench comprising Justice AHM Shamsuddin Chowdhury and Justice Sheikh M Zakir Hossain issued the rule following a writ petition filed by Prof Anwar Hossain, the brother of executed Taher, along with two other close relatives.
The HC order also asked the government to call for the case records of the special martial law tribunal case No-1 of 1976 to the court in which Lt Col (retd) Taher was awarded capital punishment and 14 others were sentenced to different jail terms.
The rule is made returnable within three weeks.
The secretaries to the ministries of Home, Law, and Defense have been made respondents in the case.
Emerging from the court Dr Shahdeen Malik told UNB that the writ petition was filed after 34 years as his clients could not seek legal remedy due to enforcement of the 5th amendment to the Constitution, which ratified all the martial law acts, but which now has been scrapped following a Supreme Court judgement.
Counsel Malik said Col Taher was accused of waging war against Bangladesh under section 121 A of the Penal Code, that provides a maximum punishment of life-term for the charge.
But Taher was sentenced to death under section 121 A, Counsel Malik said, terming it a farcical trial in the name of justice.
The special martial Law tribunal was set up inside the Dhaka Central Jail and he was tried in camera.
Col Taher was executed on July 21 in 1976, within 72 hours of the judgment delivered by a five-member special martial law tribunal headed by Brig Yusuf Haider, when then President Ziaur Rahman was the Chief Martial Law Administrator of the country.
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