The Supreme Court on Tuesday upheld the lower court verdict of death sentence to two former army men – Dafadar Marfat Ali Shah and Dafadr Abul Hashem Mridha, both fugitive – in the sensational jail killing case rejecting the High Court’s order of acquittal.A six-member bench of the Appellate Division of the Supreme Court, led by Chief Justice M Muzammel Hossain, came up with the order.
Earlier, on April 17, the Appellate Division bench fixed Tuesday for its order after concluding the hearing for 10 working days from January 15 on the government appeal.
Attorney General Mahbubey Alam said a lower court earlier awarded the two army men capital punishment in the case. “Later, the High Court acquitted both as allegations of conspiracy brought against them in the case were not proved. The government filed an appeal against the HC order. The Appellate Division Tuesday upheld the death sentence given by the lower court.”
Attorney General Mahbubey Alam and special public prosecutor Advocate Anisul Haque stood for the state while Barrister Abdullah Al Mamun, hired by the state, represented the accused.
The government filed the appeal with the apex court challenging the High Court verdict in the case filed for killing four national leaders.
On October 20, 2004, Metropolitan Sessions Court Judge Matiur Rahman awarded death sentence to three former army personnel—Risaldar Moslem Uddin, Dafadar Marfat Ali Shah and Abul Hashem Mridha—and life imprisonment to 12 others in the jail killing case.
The HC in 2008 upheld the death penalty of Risaldar Moslem Uddin, but acquitted Dafadar Marfat Ali Shah and Abul Hashem Mridha.
It also acquitted four lifers in the case—Syed Faroque Rahman, Sultan Shahriar Rashid Khan, Bazlul Huda and AKAM Mohiuddin Ahmed. However, they were hanged in the Bangabandhu Sheikh Mujibur Rahman killing case.
On January 11, 2011, a regular bench of the Appellate Division, led by then Chief Justice ABM Khairul Haque, had approved the leave-to-appeal petition filed by the state.
The Appellate Division then asked Dafadar Marfat Ali Shah and Abul Hashem Mridha, the two accused in the case acquitted by the High Court, to surrender to law enforcers. The court also asked police to arrest them if they did not surrender immediately.
On November 3, 1975, four national leaders and heroes of the country’s Liberation War—Syed Nazrul Islam, Tajuddin Ahmad, Capt Mansur Ali and AHM Quamruzzaman—were killed inside the jail. UNB
