HC rejects writ challenging trial
The High Court on Tuesday rejected a writ petition challenging the Bangabandhu Murder Trial after two days of hearing, reports BSS.
A High Court bench comprising Justice Shah Abu Naeem Mominur Rahman and Justice Khademul Islam Chowdhury rejected the case saying the petition was not maintainable since a bench of the court was now hearing the case involving the issues of the writ.
"Considering the well settled principles that "Writ of Certiorari' can be issued on inferior (lower) courts, we find that an appeal being pending in another bench of High Court, this application is not maintainable," the judgement said.
Wife of a condemned prisoner, former lieutenant colonel Mohiuddin Ahmed (artillery) filed the writ challenging the proceedings of Bangabandhu murder case saying the case was lodged before the scrapping of the Indemnity Act protecting the incident of August 15, 1975.
The ruling on the writ said it was also "a principle of law that when a matter is ending in a normal court, the court (HC) in exercise of its writ jurisdiction will not issue rule."
The bench, however, said the issue raised in the petition could be argued before the Appellate Division and since the issue involved the question of law, "the petitioner would not face any difficulty" in doing so.
Defence lawyer Khan Saifur Rahman said that the Indemnity Ordinance was repealed on November 14 in 1996, but the case was lodged with Dhanmondi Thana on October 2, 1996.
Dismissing the plea, the Attorney General Mahmudul Islam submitted that the petitioner had no "locus standi" to challenge the proceedings of Bangabandhu murder case because she is not the aggrieved party in the case.
Moreover, even if the Indemnity Ordinance was in existence now, only those who had obtained certificate regarding their involvement with the incident can enjoy the benefit.
He also argued that according to the now scrapped Indemnity Ordinance itself, only the issues involving the change of government could not be challenged. But the killing of other family members of Bangabandhu Sheikh Mujibur Rahman including his 10-year-old son Russel had nothing to do with the government change.