Post by Anja Nieser on Sept 26, 2006 17:24:26 GMT -5
Death penalty of JMB leaders: HC verdict reaches Jhalakati court
The High Court verdict endorsing death penalty of 7 top leaders of
Jamaatul Mujahidin Bangladesh (JMB) yesterday reached the district and
sessions judge's Court that had originally handed down the sentence nearly
4 months ago.
"A special Supreme Court messenger yesterday reached us the attested copy
of the High Court verdict" on the death reference hearing of the seven
militant top brass, an official of the district judge's Court said here.
On August 31, a High Court bench comprising Justice Mohammad Ali Asghar
Khan and Justice Mohammad Emdadul Haque confirmed the capital punishment
of JMB kingpin Shaikh Abdur Rahman and his deputy Siddikul Islam alias
Bangla Bhai saying, "the prosecution has proved the case beyond doubt".
On May 29, additional district and sessions Judge Tariq Ahmed handed down
the sentence on charges of masterminding the killing of senior assistant
judges of Jhalokathi Sohel Ahmed and Jagannath Par by exploding the car
they rode on November 14, 2005.
JMB immediately claimed the responsibility saying the killings were part
of their campaign against what they called the "taghuti" (devilish) law.
The five others to walk gallows are JMB military commander Ataur Rahman
Sunny, regional commanders Abdul Awal, Khalid Saifullah, Iftekhar Hassan
Mamun and Asadul Islam alias Arif.
Arif was tried in absentia while the rest faced the trial in person
following their arrest under a countrywide security campaign after JMB
carried out a string of deadly blasts, including the August 17, 2005
simultaneous explosions in 62 of 64 districts.
Legal experts said with the endorsement of the trial Court's judgement the
death sentence becomes legally final and if no appeal is filed against the
HC judgment, the death sentence would become executable.
According to the Code of Criminal Procedure (CrPC), the Registrar of the
Supreme Court sent the copy of the High Court judgment to the trial Court,
which now will have to "cause the order to be carried into effect" by
issuing death warrants.
The warrant of execution will have to be sent to the jailor of the prison
where the condemned militants have been confined while according to the
Jail Code, on receipt of the warrant, the jail superintendent will inform
the convicts that if they want to submit a petition for mercy, it must be
done in writing within the next 7 days.
According to relevant law, if any of the convicts opts for making a mercy
petition, it will be sent to the President. If no reply to the petition is
received within 15 days, the jail super will have to telegraph to the
secretary of the home ministry.
If no reply is received within another 15 days or if the mercy is denied,
the jail super will have to fix a date for execution of the death sentence
within 7 to 15 days.
The lower court verdict went to the High Court for confirmation as
required by the law despite the militant kingpins' refusal to go for
appeal following the judgement that came after hearing the testimonies of
45 prosecution witnesses, including eyewitnesses of the judges' murders,
policemen, doctors and landlords of the houses rented by the militants in
Jhalokathi.
State-appointed lawyers defended the militant leaders in the lower as well
as the High Court as the convicts declined to appoint lawyers on their own
saying they did not believe in the trial under man-made or "taghuti" laws.
(source: The New Nation)
The High Court verdict endorsing death penalty of 7 top leaders of
Jamaatul Mujahidin Bangladesh (JMB) yesterday reached the district and
sessions judge's Court that had originally handed down the sentence nearly
4 months ago.
"A special Supreme Court messenger yesterday reached us the attested copy
of the High Court verdict" on the death reference hearing of the seven
militant top brass, an official of the district judge's Court said here.
On August 31, a High Court bench comprising Justice Mohammad Ali Asghar
Khan and Justice Mohammad Emdadul Haque confirmed the capital punishment
of JMB kingpin Shaikh Abdur Rahman and his deputy Siddikul Islam alias
Bangla Bhai saying, "the prosecution has proved the case beyond doubt".
On May 29, additional district and sessions Judge Tariq Ahmed handed down
the sentence on charges of masterminding the killing of senior assistant
judges of Jhalokathi Sohel Ahmed and Jagannath Par by exploding the car
they rode on November 14, 2005.
JMB immediately claimed the responsibility saying the killings were part
of their campaign against what they called the "taghuti" (devilish) law.
The five others to walk gallows are JMB military commander Ataur Rahman
Sunny, regional commanders Abdul Awal, Khalid Saifullah, Iftekhar Hassan
Mamun and Asadul Islam alias Arif.
Arif was tried in absentia while the rest faced the trial in person
following their arrest under a countrywide security campaign after JMB
carried out a string of deadly blasts, including the August 17, 2005
simultaneous explosions in 62 of 64 districts.
Legal experts said with the endorsement of the trial Court's judgement the
death sentence becomes legally final and if no appeal is filed against the
HC judgment, the death sentence would become executable.
According to the Code of Criminal Procedure (CrPC), the Registrar of the
Supreme Court sent the copy of the High Court judgment to the trial Court,
which now will have to "cause the order to be carried into effect" by
issuing death warrants.
The warrant of execution will have to be sent to the jailor of the prison
where the condemned militants have been confined while according to the
Jail Code, on receipt of the warrant, the jail superintendent will inform
the convicts that if they want to submit a petition for mercy, it must be
done in writing within the next 7 days.
According to relevant law, if any of the convicts opts for making a mercy
petition, it will be sent to the President. If no reply to the petition is
received within 15 days, the jail super will have to telegraph to the
secretary of the home ministry.
If no reply is received within another 15 days or if the mercy is denied,
the jail super will have to fix a date for execution of the death sentence
within 7 to 15 days.
The lower court verdict went to the High Court for confirmation as
required by the law despite the militant kingpins' refusal to go for
appeal following the judgement that came after hearing the testimonies of
45 prosecution witnesses, including eyewitnesses of the judges' murders,
policemen, doctors and landlords of the houses rented by the militants in
Jhalokathi.
State-appointed lawyers defended the militant leaders in the lower as well
as the High Court as the convicts declined to appoint lawyers on their own
saying they did not believe in the trial under man-made or "taghuti" laws.
(source: The New Nation)