‘AKM Mohiuddin was not present during Bangabandhu killing’
Star Online Report

Barrister Abdullah-al Mamun on Wednesday told the Supreme Court that his client Maj (retd) AKM Mohiuddin was not present at the place when Bangabandhu Sheikh Mujibur Rahman and his family members were killed on August 15, 1975.

Quoting from the statements of a witness, Mamun told the court that Maj (retd) AKM Mohiuddin brought down Bangabandhu from the first floor of his house and Maj (retd) Bazlul Huda and Maj (retd) Noor shot him from their sten guns on August 15, 1975.

Bazlul Huda asked Mohiuddin to move on the stair of the house, when he (Mohiuddin) was brining down Bangabandhu. When Mohiuddin moved, Huda and Noor shot Bangabandhu, he said.

If the statement is true, Mohiuddin must have been killed by the bullets, as (he) Mohiuddin was on the stair, which was not very wide or long, he said, adding that Mohiuddin was not hit, and this statement proved that he was not present at the place of occurrence on August 15, 1975.

Referring his statement, the apex court asked Mamun not to place any hypothetical submissions before this court, saying that, “This is not a magistrate court”.

Mamun made the comments while placing submissions on behalf of AKM Mohiuddin before the five-member full bench of the Appellate Division headed by Justice Md Tafazzul Islam on Wednesday during 18th day’s hearing on the appeals.

Mamun also told the SC that the detained accused of Bangabandhu murder case could have been placed in ‘crossfire’, if they were really offenders, because they were arrested during the regime of Awami League government.

Five convicts of the case–dismissed army personnel Syed Farooq Rahman, Sultan Shahriar Rashid Khan, Mohiuddin Ahmed, AKM Mohiuddin and Bazlul Huda are now behind bars.

Of them, four except AKM Mohiudin, were caught during the rule of previous Awami League government. AKM Mohiuddin was brought back to Bangladesh from the USA in June 2007.

Mamun, the counsel for Bazlul Huda and AKM Mohiuddin, said since the question of humanity and rule of law is involved in this case, the accused were brought to the court for fair trial.

At the beginning of his arguments, Mamun told the court that his client for the first time got the facility of making submission before the court.

The court said if your client went into hiding, how he can place submissions before the court.

“If your client was not brought back to Bangladesh, you would not come to the court,” it said.

Mamun said his client’s name was not mentioned in the first information report (FIR) of the case, although there were three Mohiuddins in this case. One is Lt Cl (retd) Mohiuddin Ahmed (Artillery), another is Maj (retd) AKM Mohiuddin (Lancer) and the rest one Mohiuddin carried the dead body of Bangabandhu to Tungipara.

The court asked Mamun whether his client’s name was implicated in this case by force, and asked him to place submission on which point he can get benefit.

Mamun said Habildar (retd) Quddus Sikdar, a prosecution witness, stated that Bazlul Huda shot Sheikh Kamal and then AKM Mohiuddin along with his force went up to the first floor by the stair. Mohiuddin brought down Bangabandhu by the stair. Bangabandhu asked them “What do you want”. Bazlul Huda told something in English. Mohiuddin moved on the stair and Bazlul Huda and Noor shot Bangabandhu.

Mamun said complainant of this case Muhitul Islam and security officer of Bangabandhu’s house Nurul Islam were wounded by the Chharra Guli (rubber bullets) of the sten guns, but those bullets did not hit his client AKM Mohiuddin.

The court said AKM Mohiuddin was a trained member of the army, not an apprentice, and he knew very well about the sten gun and bullets.

It asked Mamun whether he saw the stair of Bangabandu’s house or he measured the width and length of the stair where Bangabandhu was killed.

“This it is a hypothetical question, which cannot be raised in this court. Don’t make any submission without evidence and documents,” the court told Mamun.

The counsel said that he was making arguments on the contradictions in the statements of the witnesses.

He said witness Quddus stated that he saw bullets in different places of the body of Bangabandhu.

The court said, “You have said about Chharra Guli which had hit different places of Bangabandhu. Don’t say anything without evidence”.

It asked Mamun to conclude submission by Thursday.

Earlier in the day, Advocate Abdur Razzaque Khan concluded placing arguments on behalf of convict Sultan Shahriar Rashid Khan.

He said his client was not any beneficiary of the incidents of killing of Bangabandhu and his family and he was not involved in the incidents.

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