HC asks why a commission should not be formed to re-investigate BDR carnage

The High Court today (5 November) issued a rule asking why an order should not be given to form a commission to re-investigate the killings during the mutiny at the then Bangladesh Rifles (BDR) headquarters in the capital's Pilkhana on 25-26 February 2009.

The secretaries of home affairs and law ministries, the cabinet secretary, the inspector general of Police and the RAB director general have been ordered to respond to the rule within four weeks.

The bench of Justice Farah Mahbub and Justice Debashish Roy Chowdhury passed the order, after the initial hearing of a writ petition filed in this regard.

Supreme Court lawyers Md Tanvir Ahmed and Biplab Kumar Poddar filed the petition as a public interest litigation on 20 October, seeking the formation of a judicial commission to investigate the killing of army officers during the 2009 BDR mutiny. 

As many as 74 people, including 57 army officers, were killed in that violent uprising.

The petition also sought instructions to declare the day of the BDR mutiny as Martyred Soldiers' Day and to provide compensation to the victims.

Earlier, the petitioners filed an application to the home ministry to form the commission for uncovering the truth behind the BDR mutiny but the ministry did not respond.

Today, the High Court also instructed the home secretary to dispose of that application within 10 days and submit a report to the court.

Talking to reporters in court today, Tanvir said people want to know the reason behind the killing of 57 army officers. "Even though the home affairs adviser has talked about a re-investigation after the interim government took charge, no action has been taken yet. Therefore, the writ petition has been filed."

Quoting Brig Gen (retd) Mohammad Hasan Nasir of the army, a member of the National Investigation Commission in charge of investigating the BDR mutiny, Tanvir said the investigation at that time was only done on paper due to government interference. Nasir was dismissed from the army for protesting.

Nasir, former director of Army Headquarters, also said the then army chief Moeen U Ahmed was making incoherent remarks to avoid responsibility.

On Monday, Home Affairs Adviser Lt Gen (Retd) Jahangir Alam Chowdhury said the BDR mutiny will be reinvestigated very soon. But he could not ensure whether a commission would be formed in this regard.

The 2009 mutiny, which attracted massive international attention, led to the rebranding of BDR to Border Guard Bangladesh (BGB) and the changing of the paramilitary force's logo and uniform.

Two cases were filed over the incident – one under the explosives law and another for murder. The trial for the mutiny was held in a BGB court, while the two cases were tried in a civilian court.

On 5 November 2013, 850 individuals were convicted by a Dhaka in the murder case – 152 were sentenced to death, 160 to life imprisonment, and 256 received various terms.

On 27 November 2017, the High Court upheld the death sentences for 139 defendants, sentenced 185 to life, and handed various sentences to 228 others.

The trial of 834 defendants in the explosives case started in 2010 but was halted midway as the state prioritised the murder case.

On Sunday (3 November), the government appointed 20 special public prosecutors in this case filed at Lalbagh police station.