Dhaka: The Appellate Division of the Supreme Court on Tuesday upheld the trial court verdict retaining death sentence of two fugitives -- Dafadar Marfat Ali and Dafadar Abdul Hashem Mridha -- in the heinous Jail Killing Case of four national leaders.

The six-member Appellate Division Bench led by Chief Justice M Mozammel Hossain pronounced the final verdict on Tuesday morning following the leave-to-appeal petition filed by the state against the High Court verdict.

The High Court following an appeal against the lower court verdict acquitted six convicted killers of the four national leaders.

A group of disgruntled Bangladesh Army officers and soldiers brutally killed four national leaders inside the Dhaka Central Jail on November 3, 1975. The slain four national leaders are Syed Nazrul Islam, Tajuddin Ahmed, Captain Mansur Ali and AHM Quamaruzzaman.

The court also dismissed the High Court verdict, which upheld the death penalty of fugitive Risaldar Muslemuddin and life imprisonment of seven others and acquitted two others who were earlier handed down capital punishment.

The Metropolitan Sessions Judge's Court (Trial Court) on October 20, 2004 during BNP rule sentenced to death three fugitive former military personnel, retired army Risaldar Muslemuddin, Dafader Marfat Ali Shah and Dafader Abul Hasem Mridha and life-term to 12 others for the November 3, 1975 jail killing.

The trial court acquitted former ministers Obaiudur Rahman, Shah Moazzem Hossain, Taheruddin Thakur, Nurul Islam Monjur and former major Khairuzzaman.

The trial court awarded life-term to 12 other accused - sacked lieutenant colonels Syed Faruque Rahman and Sultan Shahriar Rashid Khan, Khondker Abdur Rashid, Aziz Pasha, AKM Mohiuddin and MA Rashed Chowdhury, sacked majors Bazlul Huda, Noor Chowdhury, Ahmed Sharful Hossain, Kismat Hossain, captain Nazmul Hossain Ansari and captain Mazed.

The High Court in a verdict on August 28, 2008 on hearing the appeal and death references confirmed the death penalty of fugitive retired army Risaldar Muslemuddin but acquitted two others - sacked army dafadar Marfat Ali Shah and lance dafadar Abul Hashim Mridha who were earlier handed down the capital punishment.

The High Court, however, upheld the life imprisonment of seven others - sacked Lt. Cols Khondker Abdur Rashid, Aziz Pasha, MA Rashed Chowdhury, sacked Majors Noor Chowdhury, Ahmed Shariful Hossain Dalim, Kismat Hossain, sacked Captain Nazmul Hossain Ansari and Mazed with the observation that the charges against them were not proved beyond doubt, but they would not get any benefit as they did not file appeal against the trial court's verdict.

The High Court also acquitted four others sentenced to life imprisonment earlier by the trial court in 2004, while most of them were tried in absentia as they were absconding.

The acquitted army officers and personnel were Lt Col (dismissed) Syed Farooq-ur Rahman, Lt Col (retd) Sultan Shahriar Rashid Khan, Maj (retd) AKM Mohiuddin Ahmed, Major (retd) Bazlul Huda, Dafadar (dismissed) Marfat Ali and Dafadar (dismissed) Abdul Hashem Mridha.

The attorney general’s office filed five leave-to-appeal petitions with the apex court on September 14, 2009 against the acquittals.

On January 11 in 2011, the Supreme Court permitted the government to file appeal against the High Court verdict and summoned two acquitted fugitives to surrender.

On November 1 in 2012, the government submitted a ‘concise statement’ before the Appellate Division for appeal hearing of the Jail Killing Case.

The statement challenged a High Court verdict that had acquitted several suspects including four ex-army personnel of charges of the gruesome 1975 jail carnage.

Later, on April 17 this year, a 6-member Appellate Division Bench led by Chief Justice M Mozammel Hossain fixed the date after concluding hearing on the appeal.

Marfat Ali and Abul Hashem have been on the run for long while nobody knows the whereabouts of condemned convict Risaldar Muslehuddin.

Farooq, Shahriar, Mohiuddin and Bazlul Huda were executed on January 27, 2010 following their conviction and death sentence pronounced by the SC in the Bangabandhu Murder Case.

The government on September 14, 2009 filed several leave to appeal petitions with the Appellate Division of the Supreme Court against the verdict of the High Court of the Jail Killing Case.

The case was originally lodged in 1996, nearly 21 years after the killing of four national leaders - Syed Nazrul Islam, Tajuddin Ahmed, M Mansur Ali and AHM Quamruzzaman - inside the Dhaka Central Jail, nearly three months after the assassination of Bangabandhu Sheikh Mujibur Rahman along with most of his family members.

Ends/AMA/30/04/13