The Appellate Division’s Chamber Court has denied bail to three men serving life sentences for crimes against humanity committed in Mymensingh during the 1971 Liberation War.
Justice Md Rezaul Haque passed the order on Wednesday and set Nov 17 for a full hearing of their appeals.
The trio�"Md Fakhruzzaman, Md Abdus Sattar and Khandkar Golam Rabbani�"have filed separate appeals against the same verdict, seeking acquittal.
Two others, Md Harmuz Ali and Khandaker Golam Sabbir Ahmed, were also sentenced to life imprisonment in the case.
After Wednesday’s hearing, SM Shahjahan, a lawyer for the appellants, said the defence had raised questions over the prosecution evidence in seeking their acquittal.
“There was only one prosecution witness in the case, who was a minor when giving evidence. This has been cited as one of the key grounds for the appeal,” he said.
“Our main prayer at Wednesday’s hearing was for bail. The court, however, did not grant bail and instead set a date for a full hearing of the appeals.”
Shahjahan was also asked about Gazi MH Tamim, who previously worked for the defence in this case but is now a prosecutor with the International Crimes Tribunal (ICT).
He said Tamim had been a filing lawyer for the defence and argued that, because he had access to the case documents and related information in that role, he could not now act for the prosecution against the appellants in the same case on ethical grounds.
The ICT sentenced the five Mymensingh men to life imprisonment on Feb 20, 2023 after finding them guilty of crimes against humanity committed during the Liberation War.
The verdict said time already spent in custody would be deducted from their sentences.
Tamim was among the lawyers who represented the suspects during the trial.
The tribunal sentenced Rabbani and Fakhruzzaman to life imprisonment for the killing of renowned sculptor Abdur Rashid of Mymensingh’s Golokibari Bylane.
The tribunal found that Rashid had been tied with a rope to the back of a jeep, dragged to his death and his body disposed of.
Harmuz Ali was sentenced to life imprisonment for setting fire to Hindu neighbourhoods in Bailor and Munshipara in Trishal, shooting Jyotish Chandra Chakraborty dead and shooting and injuring two other Hindus.
He was handed another five-year prison term for the abduction and killing of Abdur Rahman, a local council member from Bailor.
Rabbani, Khandaker Golam Sabbir Ahmed, Fakhruzzaman and Abdus Sattar were sentenced to life imprisonment for abducting and killing Khandaker Abdul Ali Ratan and disposing of his body.
Sattar was also sentenced to five years in prison for detaining and torturing Md Abed Hossain Khan before handing him over to Pakistani forces.
Another suspect, former Jatiya Party MP MA Abdul Hannan, had faced a charge over the abduction, detention and torture of KM Khalid Babu, a former state minister for cultural affairs under an Awami League government. Hannan died during the trial.
Fakhruzzaman and Sabbir were absconding when the verdict was delivered.
Police’s Anti-Terrorism Unit arrested Fakhruzzaman, then 66, in Dhaka’s Goran area on Feb 28, 2023, eight days after the verdict. He was later handed over to Kotwali Model Police Station in Mymensingh.
Sabbir remains on the run, while the other four convicts are in jail.
The case was filed on May 19, 2015 by Rahima Khatun, wife of martyred freedom fighter Abdur Rahman of Trishal in Mymensingh.
A Mymensingh court later sent the case to the International Crimes Tribunal in Dhaka.
Investigation officer Matiur Rahman investigated the case from Jul 28, 2015 to Jul 11, 2016.
The investigation agency submitted its report to the tribunal on Jul 11, 2016, bringing allegations of arson, looting, abduction, detention, torture, murder and enforced disappearance against eight people.
The tribunal later issued arrest warrants for the eight accused. Six were eventually arrested.
Three of them�"former Jatiya Party MP Hannan, his son Md Rafiq Sajjad and Mizanur Rahman Mintu�"died in jail during the proceedings, leaving five people to face trial.
The trial began with the framing of charges on Jan 31, 2019. Hearings concluded on Nov 23, 2022, when the case was kept awaiting verdict.-bdnews24