Pakistan Observer
21st February 1969
State vs Sk. Mujib: Accused remanded to military custody
The Special Tribunal hearing the “Agartala conspiracy case” on Thursday broke it’s three week recess by an unscheduled sitting to consider a prosecution prayer for the continuation of the military custody of the accused persons, reports APP.
The prosecution said that in view of the revival of the fundamental rights (following the revocation of the emergency) Tribunal’s order had become necessary in respect of the custody of the accused persons.
The Tribunal fixed February 24 (Monday) for further consideration of the prosecution prayer and ordered that in the meantime the accused persons be remanded to military custody as before.
The Emergency Ordinance constituting the Special Tribunal provides for the military custody of the accused till the end of the trial. The prosecution in its application said that it was necessary to keep the accused persons in the military custody in view of the facts and the circumstances of the case.
The prosecution prayed that the court might pass an order authorising the detention of the accused persons in the military custody or “pass such other and further order as the Tribunal may seem fit and proper.”
The three-member Tribunal for the first time met on Thursday without its Chairman. Mr. Justice S. A. Rahman former Chief Justice of Pakistan, who left for Lahore early this week following recent disturbances to Dacca. The Government Guest House where S. A. Rahman was staying was set on fire during demonstration in protest against the death of accused Sergeant Zahurul Huq in a firing during his military custody.
Mr. Ataur Rahman Khan, a defence counsel, prayed for an obituary reference to Zahurul Huq and a prayer for him.
Mr. Justice M. R. Khan who was presiding over Thursday’s sitting of the Tribunal said that there was no precedence of such an obituary reference.
Justice M. R. Khan and Justice Maksumul Hakim however, joined the counsels and the accused in their prayer for deceased Zahurul Huq when the counsels said that they could pray for him as Muslims. Mr. Ataur Rahman Khan led the prayer.
Mr. Ataur Rahman Khan earlier condemned the action in which Sgt. Zahurul Huq died while in custody. He termed it as a ‘dastardly act” adding that “no word of condemnation is enough to express the feeling of the people.”
He said: “Unfortunately they (accused) were left in the custody of persons in whom we have no confidence”. “Law has crippled unusually your (courts”) power to protect them (accused)”, he said adding that the accused were living in “deadly panic.”
Mr. Naziruddin Ahmed, another defence counsel, said that the death of Zahurul Huq was not only a case of murder but it was also a contempt of court. He also pleaded for speedy inquiry into the matter.
Mr. Justice M. R. Khan said that it was indeed very sad news that a life had been lost. He said the deceased lost his life while he was presumed to be innocent. He said that his life was lost with the presumption of innocence still there.
Justice M. R. Khan said that holding of an inquiry suggested by the defence counsels was not within the competence of this court. He said the law constituting the Tribunal does not empower it to hold an inquiry in a matter like this “although we feel some inquiry should be made”
Mr. Badrul Hyder Chowdhury, counsel for Sgt. Zahurul Huq, said that the court had ample power under the Criminal Procedure Code to take cognizance of the matter.
Justice M. R. Khan: “Had we been empowered we would have been the first to take initiative to hold an inquiry.”
Defence Counsel, Mohammad Ismail, said the court should take cognizance of the matter in which there was interference with the course of justice. He said it was a case of contempt of court and the special emergency ordinance had given the tribunal necessary powers to deal with such a contempt case.
Justice M. R. Khan did not agree that the matter referred to amounted to contempt of court. He said if it was an offence, it was of different nature.
Justice Maksumul Hakim. however, told the counsels that if the defence liked, it could make out a case “and set the ball rolling”.
Mr. Ataur Rahman Khan and some other defence counsels prayed to the court that it should record the statement of accused ex-Havildar Mujibur Rahman, who is a witness to the incident in which Zahurul Huq and Fazlul Huq were injured in firing.
The court said that the matter will be taken up after the disposal of the prosecution prayer in respect of the custody of the accused persons.
The Tribunal deferred the consideration of the prosecution prayer in respect of the custody of the accused till Monday on a prayer of the defence counsels.
The court noted that the prosecution had not been able to provide the accused or their counsels with the copies of its application regarding custody of the accused.
Prosecution counsel T. H. Khan, deputising chief prosecution counsel Manzur Qadir, told the court that a particular agency had been given the task of serving the copies but due to the unusual and abnormal circumstances existing in the city the copies might not have reached the counsels. Mr. Manzur Qadir left Dacca for Lahore early this week.
Mr. justice M. R. Khan told the counsels that when the residence (State Guest House) of the Chairman (Justice S. A. Rahman) was set on fire last Sunday some official record of the proceedings of the Tribunal were burnt. He said those had to be reconstructed and sought the cooperation of the counsels in this respect. The counsels also assured the court of their cooperation.
Earlier, before the court sat for the day’s proceedings some of the accused in the dock were seen crying at the death of Zahurul Huq One of them showed marks of injury on his body to some defence counsels.
সুত্র: সংবাদপত্রে বঙ্গবন্ধু: পঞ্চম খণ্ড ॥ ষাটের দশক ॥ চতুর্থ পর্ব ॥ ১৯৬৯