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Tuesday, March 22, 2011

[chottala.com] Taher's court martial was illegal: HC



 
 
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Taher's court martial was illegal: HC
 
Dhaka, Mar 22 (bdnews24.com) — The High Court has declared illegal Col Taher's secret court martial and asked the government to consider him as a martyr.

The bench of justices A H M Shamsuddin Chowdhury and Sheikh Mohammad Zakir Hossain in a verdict on Tuesday said it was a cold-headed murder and Ziaur Rahman was the mastermind of it.

The High Court rule came upon a writ petition challenging the legality of Col Taher's secret court martial.

The court also asked the government to consider compensating the victims of the trial.

Bangladesh politics saw a spell of military uprising and counter uprising immediately after the assassination of Liberation War hero Sheikh Mujibur Rahman along with his family members on Aug 15 1975.

At one stage, after the takeover by Zia, 17 people, including Col Taher, were tried in a secret court martial.

Taher, a Liberation War sector commander, was executed on July 21, 1976, four days after the military court order.

Taher's wife, Lutfa, his brother Anwar Hossain, incumbent president of Dhaka University Teachers' Association, Fatema Yusuf, wife of Ft Sgt Yusuf Ali Khan, who was sentenced to life in the same trial, jointly filed a petition challenging the legality of the court martial on Aug 23 last year.

The High Court summoned the records of the trial following the writ petition.

The court also directed the government to explain why Martial Law Regulation No.16 of 1976, under which Taher was tried for sedition charges and executed 35 years ago, should not be declared illegal and unconstitutional.

The court also heard the opinions of a number of lawyers as amici curiae for the hearing of the writ petition.

The lawyers were Kamal Hossain, M Ameer-ul-Islam, M Zahir, Yusuf Hossain Humayun, Akhter Imam, A F M Mejbahuddin, Abdul Matin Khasru, Z I Khan Panna and M I Farooque.

Earlier, Lawrence Lifschultz, a former South Asia correspondent for the Far Eastern Economic Review, who had been in Dhaka during Taher's trial in 1976, S M Shawkat Ali, the then deputy commissioner of Dhaka, and current DC Mohammad Mohibul Haque gave their statements in the court.

Besides, Maj Gen (retd) Nurul Islam Shishu sent his written statement from the US.

'STIGMA' REMOVED

After the verdict, Taher's wife Lutfa Taher has said the treason charge levelled against her husband has been removed after long 35 years.

"Taher was considered a traitor for the 35 years. As his wife, I had to endure the pain of the false allegation. The court verdict proved today that Taher was a great patriot and dignified man," Lutfa told the press.

"I did never believe the allegation brought against Taher; not even for a moment. I have been waiting for this day for 35 years," she said.

Brother of Col Taher Mohammad Anwar Hossain, president of the Dhaka University Teachers Association, said it was not only us but the people of Bangladesh had been waiting for this day. "This historic verdict has put an end to that long wait," he added.

http://www.bdnews24.com/details.php?cid=2&id=190563&hb=2
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