Tuesday, 21 March, 2023

HC rules over legality of punishment by Zia regime’s military court

The High Court (HC) issued a rule, asking the authorities concerned to explain as to why it shall not declare illegal the conviction and sentences given by the military tribunal formed during the rule of then President Ziaur Rahman in 1977.  
A High Court division bench comprising Justice KM Kamrul Kader and Justice Mohammad Ali passed the order after holding hearing on a writ petition filed in this regard. 
“The court asked the respondents to reply as to why it shall not pass an order to declare the punishment given by the tribunal formed under Martial Law Regulation in 1977 and declare the petitioners as patriots. It also asked why the court shall not pass order to pay the petitioners the salaries, allowances and other benefits, which they would have got if they would have been able to complete their service time and go on regular retirement,” said Advocate Motiur Rahman, who took part in the hearing for the petitioners.
The court asked officials concerned, including Defence Secretary, Home Secretary, and Law Secretary to reply the rule within four weeks. 
The writ was filed on April 28, 2019, on behalf of families of 88 victims including Md Kamruzzaman Miah Lenin, son of Sergeant Saidur Rahman, a victim of 1977 court martial. 
Senior Advocate Yusuf Hossain Humayun and Advocate Motiur Rahman took part in the hearing for the petitioners. 
Of these 88 victims, 13 were sentenced to death and 33 were given life imprisonment. The other 42 were sacked from their services.