Attorney General Mahbubey Alam yesterday urged the Supreme Court to pass some observations so that none of the SC judges becomes the Chief Martial Law Administrator (CMLA) in future in order to uphold the constitution and democracy.
Without citing the name of then chief justice Abu Sadat Muhammad Sayem, he said an SC judge had become president and the CMLA violating the constitution and democratic principles after the assassination of president Bangabandhu Sheikh Mujibur Rahman in 1975.
He prayed to the court to pass the observations in the judgment of Bangabandhu murder case so that no judge of the Appellate Division administers the oath to any person illegally taking over the state power like Khandaker Moshtaque Ahmed, one of the top conspirators of Bangabandhu assassination.
Some of the then SC judges did not play a proper role to uphold the constitution at that time, he said, adding those who had illegally occupied the state power should be condemned and hated.
He made the remarks while concluding his submission before the five-member bench of the Appellate Division headed by Justice Md Tafazzul Islam during the 26th day’s hearing on the appeals in the case.
The attorney general requested the apex court to pass observations which can help the government bring back the convicted accused of this case who are hiding abroad.
The convicts themselves confessed before the foreign media to killing the Father of the Nation. So there is no scope to show sympathy to them or reduce their punishment, he said, adding the three convicts have made confessions to their crimes.
The chief law officer of the state said the nation witnessed a famine of justice after 1996 as some SC judges felt embarrassed to hear this case and the trial of the case could not be finished.
He added some of the killers of Bangabandhu including Khandaker Moshtaque Ahmed, Syed Farooqur Rahman, Khandaker Abdur Rashid were relatives to each other and that is why they carried out the commands of themselves during the conspiracy and the killings.
Mahbubey Alam said Bangladesh is known as a peaceful and democratic country, but the killing of the Father of the Nation has damaged the image of Bangladesh in the world.
Among the killers, some were the sitting army officers and others dismissed army officers who committed the heinous incidents on August 15, 1975, keeping the force in the dark.
Describing the incidents of the killing of Bangabandhu and his family members during the hearing, the attorney general burst into tears and stopped submission.
The court at this stage told him they (judges of the court) have no hearts, eyes and tears and asked him to control his emotion.
The attorney general concluded his submission saying, “I just want the trial of the most cruel and heinous crime of the world.”
The court adjourned the hearing till this morning. The special counsels for the state in this case are due to place arguments today
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