[🇧🇩] BDR Mutiny---An Irreparable Damage to Bangladesh's First Line of Defense

Govt statement on Pilkhana probe commission 'contradictory': lawyer
FE ONLINE DESK
Published :
Dec 15, 2024 23:43
Updated :
Dec 15, 2024 23:43



The lawyer who filed the petition on the formation of an independent investigation commission on the killings at the then BDR headquarters in Dhaka’s Pilkhana considers the home ministry's statement regarding the matter "contradictory”.

In response to the petition, the government submitted a report to the High Court bench of Justice Farah Mahbub and Justice Debasish Roy Chowdhury on Sunday.

The hearing on the issue was subsequently adjourned until Jan 5, reports bdnews,24.com.

Supreme Court lawyers Tanvir Ahmed and Biplab Kumar Poddar filed the petition last month, seeking directions to establish a national independent commission/committee to re-investigate the killings in Pilkhana on Feb 25 and 26, 2009.

Tanvir told reporters: "Previously, on the due date, they informed the court through the attorney general that a committee had been formed.

“Later, it was stated that the law ministry had vetted the committee's formation.

"The High Court dismissed my representation on this, citing two pending cases in the Supreme Court as the reason the committee could not be formed.

“They have issued a letter to this effect, which I find contradictory to the home advisor's statements."

The petitioners personally conducted the hearing on Sunday.

Deputy Attorney General Tanim Khan and Assistant Attorney General Muzahedul Islam Shahin represented the state.

The petition, filed on Oct 20, lists the home secretary, cabinet secretary, law secretary, inspector general of police, and director general of RAB as respondents.

Before filing the petition, the lawyers had submitted an application to the home ministry requesting a re-investigation of the incident.

After receiving no response, they pursued the matter in court.

Following the initial hearing, the High Court issued an order and a rule on Nov 5, directing the home secretary to dispose of the application within 10 days and submit a report to the court.

On Dec 2, the state informed the High Court that relevant authorities had initiated the process of forming an independent committee.

The deputy attorney general requested two additional weeks, prompting the court to set Dec 15 as the date for the order.

On Feb 25 and 26, 2009, 74 individuals, including 57 army officers, were killed in a mutiny at the Bangladesh Rifles, or BDR, headquarters in Pilkhana, Dhaka.

The incident caused widespread concern both nationally and internationally.

Following the mutiny, the BDR was renamed Border Guard Bangladesh, or BGB, with changes to its uniforms.

While the mutiny was tried in a BGB court, the murder case proceeded in the conventional judicial system.

Two cases were filed under the Murder and Explosives Act in connection with the incident.

Of the accused, 468 BDR members, acquitted or having served their sentences in the murder case, remain in custody due to charges under the explosives case.

The trial of 850 individuals in the murder case concluded on Nov 5, 2013.

Among the verdicts, 152 people were sentenced to death, 160 received life imprisonment, and 256 were given varying terms of imprisonment.

A total of 278 individuals were acquitted.

On Nov 27, 2017, the High Court delivered its death reference and appeal verdicts.

It upheld the death sentences of 139 accused, sentenced 185 to life imprisonment, and imposed varying prison terms on 228 others, while acquitting 283.

A total of 54 accused, including 15 who passed away, did not face trial.

Currently, 226 accused have filed appeals against the High Court verdict, and the state has sought leave to appeal against the acquittal or reduced sentences of 83 accused.

These appeals and leave petitions await hearings.

Separately, the trial of 834 accused under the Explosives Act began in 2010.

However, mid-trial, the state paused proceedings to prioritise presenting evidence in the murder case, causing delays in the explosives case.

Since the interim government took office, calls for a re-investigation into the BDR mutiny have intensified.

Home Advisor Jahangir Alam Chowdhury recently confirmed that the fresh inquiry nto the BDR mutiny killings would commence soon.

During a visit to the BGB headquarters in Pilkhana last month, he said: "The re-investigation of the BDR killings will and must proceed.

“An investigation team will be formed soon. Since other matters are being addressed, this too will follow suit."​

BDR massacre must be reinvestigated
Decision not to form a probe committee now is disappointing


VISUAL: STAR

We are both perplexed by the government's decision not to form a committee right now to reinvestigate the 2009 killings at the Pilkhana headquarters of the erstwhile Bangladesh Rifles (BDR). The government's backtracking from the issue is devastating not only for the families who lost their loved ones during the February 25-26, 2009 massacre—in which 74 people, including 57 army officials, were killed—but also for the nation.

After Sheikh Hasina's fall, the issue of reinvestigating the carnage came up as many questions regarding the massacre remained unanswered during the Awami League regime. Most of the 152 people sentenced to death, and more than 300 people handed down imprisonment of various terms in relation to the BDR mutiny, were BDR jawans or soldiers. The real culprits and the mastermind were never identified. With a non-political government at the helm of the country, the aggrieved families hoped for a proper investigation, and the interim government initially responded positively.

Following a petition by two lawyers on October 20 seeking the Supreme Court's directive to the government to constitute a national independent committee to investigate the massacre, Home Adviser Lt Gen (retd) Jahangir Alam Chowdhury told the press on November 4 that the government would do so. Even on December 2, during the first hearing of the petition, the attorney general (AG) said that the process of forming the commission was underway and they would require two weeks to finalise it. However, during the second hearing on December 15, the AG told the court they could not form the commission at this moment because two criminal cases related to the BDR massacre are still pending—one with the Appellate Division and the other with a Dhaka court. It is not clear why the government needed more than a month to divulge this information.

The Pilkhana massacre, in which the country's top-tier army officials were killed, had a direct implication on our national security. So, it calls for rigorous investigation and a resolute mind to do so. While the interim government may not be able to complete the reinvestigation during its term, it should at least start it. As we look forward to the Supreme Court's order on the issue on January 5, we hope that the enormity of the massacre, its implication on national security, and mostly the suffering of the families of the victims will be taken into account to pave the way for justice.​

Committee to be formed in five working days to ensure justice in BDR massacre
Staff Correspondent 17 December, 2024, 10:22


Members of the former Bangladesh Rifles, their family members stage a demonstration demanding justice for BDR mutiny victims at the Central Shaheed Minar in Dhaka on Tuesday. | Md Saurav

Home affairs adviser Jahangir Alam Chowdhury on Tuesday announced that a committee would be formed within the next five working days to ensure justice for the BDR massacre.

Addressing an urgent press conference at his ministry in the secretariat in the morning, the adviser announced that the committee would comprise retired judges, civil service officials, police officials and members of the armed forces.

‘The interim government is determined to reinvestigate the incident and ensure justice for the BDR massacre,’ said Jahangir.

He said, ‘A committee will be formed within the next five working days to ensure justice for the BDR massacre.’

Answering questions by journalists, he said that court had the authority to order a reinvestigation and the government was going to form a ‘fresh inquiry committee’.

He also said that the number of the committee members would be decided soon and whether it would be a committee or commission would also be decided after discussions.

The announcement from the government came amid growing calls for justice and accountability for BDR massacre in 2009.

Md Mahin, central member of the Student Movement Against Discrimination, meanwhile, on Monday announced a programme of laying siege to the law and home affairs advisers’ offices on Tuesday demanding a commission to ensure justice for the BDR massacre.

Addressing a rally on the Central Shaheed Minar premises, Mahin welcomed the announcement and said that students along with the BDR massacre victims would take to the street if the committee would not be formed within five working days.

Mahin said that the massacre not only left the border areas insecure but also threatened the country’s independence and sovereignty.

Former law enforcement official Shamsul Islam, one of the first six sacked officers in the BDR massacre, said that victims of the massacre had been waiting for the past 15 years for the fall of fascist Sheikh Hasina and a complete justice for the massacre.

On February 25, 2009, several hundred Bangladesh Rifles soldiers took arms against their officers deputed from the army at Durbar Hall during their annual gathering at the paramilitary force’s headquarters in Dhaka, leaving 75 people—57 army officers, two wives of army officers, nine BDR soldiers, five civilians, an army soldier, and a police constable—killed.​

BDR Carnage: Genocide case filed against Hasina, aides
M Moneruzzaman 19 December, 2024, 23:54


The families of the BDR carnage victims come out of the International Crimes Tribunal premises on Thursday after lodging a complaint with the chief prosecutor, accusing ousted prime minister Sheikh Hasina, then army chief Moneen U Ahmed and 56 others of committing genocide during the massacre at Pilkhana in 2009. | Md Saurav

The families of 22 victims of the 2009 carnage at then Bangladesh Rifles headquarters filed a complaint with the International Crimes Tribunal chief prosecutor on Thursday accusing deposed prime minister Sheikh Hasina, her defense adviser Tarique Ahmed Siddique, former army chief Moneen U Ahmed and 55 others of crimes against humanity and genocide.

The carnage killed 74 people, including 57 army officers including then BDR chief Major General Shakil Ahmed in February 25–26, 2009.

This is the first case filed with the tribunal against Hasina and her associates for the rebellion of the soldiers of then BDR, now the Border Guard Bangladesh.

Hasina, who fled to India in the face of a student-people uprising on August 5, faces several ICT cases for atrocities committed during the July–August uprising.

The victim families filed the complaint a day after the home affairs adviser Jahangir Alam Chowdhury on December 17 announced that a committee would be formed within the next five working days to ensure justice for the BDR massacre.

The announcement from the government came amid growing calls for justice for the BDR massacre.

Lawyer Uday Tasmir, representing the 22 families of the slain army officers, including Major General Shakil Ahmed’s son Rakin Ahmed and Colonel Quadrat Elahi Rahman Shafique’s son Saquib Rahman, submitted the complaint to the ICT chief prosecutor in the presence of 15–20 victim family members.

Uday Tasmir told reporters that the killings of the 57 officers constituted genocide and crimes against humanity and Hasina and her associates, including then army chief, home minister, law minister, and intelligence chiefs, were directly involved in the crimes.

‘Our allegations are clear and specific,’ said Tasmir, ‘patriotic, skilled, and brilliant army officers were deliberately targeted to weaken the Bangladesh Army and the BDR, creating a national crisis to jeopardise the country’s independence and sovereignty.’

Then army chief cannot avoid the responsibility, he said.

The complaint accused Hasina of orchestrating a plan to destroy the two key forces to consolidate power and establish a fascist regime.

It alleged that bodies of the slain officers were set on fire and mutilated, family members of the officers were held hostage, their homes were looted, and the killings were premeditated acts of genocide to eliminate opposition within the armed forces.

The complaint said that the victims were buried in mass graves in a bid to hide the bodies of the victims.

Mehrim Ferdowsi, the wife of Colonel Mujibul Haque, also addressed journalists, asserting that the massacre was a calculated attack.

‘Even today, neither we nor our children know why our loved ones were murdered. The truth must come to light through a proper investigation,’ she said.

The families demanded an independent commission to uncover the truth behind the carnage.

In a press release, they alleged that Sheikh Hasina’s government had systematically targeted patriotic army officers, identifying them as obstacles to her autocratic rule.

The release called for the release of innocent BDR members still detained in connection with the carnage, alleging that they were victims of a prolonged conspiracy.

‘The crimes were planned and executed under the direct orders of Sheikh Hasina and her defence adviser Tarique Siddique,’ it said.

The families said that none dared in the past 15 years to stand against the anti-state actions and criminal conspiracies carried out by Hasina and her government.

Victim families have long been demanding justice for the BDR carnage by forming an independent commission.

They also raised key allegations against then Awami League lawmakers Sheikh Fazle Noor Taposh, Sheikh Selim, and Jahangir Kabir Nanak.

Two cases, one for murders and another for explosive substances, were filed for the BDR carnage. The explosive case is still pending with the trial court.

On November 27, 2017, the High Court upheld the death sentences of 139 of the 152 condemned convicts of murders of 57 commanders on deputation from the army during the February 2009 BDR mutiny.

Death sentences of seven other BDR soldiers and Md Zakir Hossain, then a local Awami League leader, were commuted to life term imprisonment.

It also upheld the life imprisonment of 146 of the 160 life term recipients. Two of them, including Bangladesh Nationalist party leader Nasiruddin Ahmed Pintu, died in custody while 12 others were acquitted of the charges.

The convicts’ appeals and the AL government’s appeals against acquittals of BDR members are pending with the Appellate Division.

On November 5, 2013, the trial court convicted 568 accused, mostly BDR members, and sentenced 152 accused to death, 162 to imprisonment for life term and 256 to imprisonment for varying terms.

The court acquitted 278 other accused while four accused had died during the trial.

One of the death row convicts died later.

The High Court called for holding probes to find out why the BDR intelligence agency failed to gather information that a mutiny was brewing to coincide with BDR Week celebrations.

The High Court in the verdict also called the carnage a pre-planned massacre of 57 brilliant army officers, then serving BDR on deputation, by some ambitious BDR soldiers during their 30-hour mutiny.

The High Court said that only 55 army officers died in action during the War of Independence.

Of the 850 accused tried in the murder case, 827 were BDR members and 22 civilians while a lone accused was from the Ansar and VDP force.

Breaking his silence for the past 15 years following the February 25–26, 2009 rebellion, former army chief Moeen U Ahmed in an interview with a newspaper in September 2024 demanded re-investigation into the carnage to uncover the plot and the plotters of the incident in both home and aboard.

‘A fresh probe by forming a new inquiry committee can find out the plot and plotters in both home and aboard in the BDR carnage,’ said Moeen in a video statement on YouTube from Florida in the United States.

The mutineers demanded an end to army control over the BDR, withdrawal of army members, and direct talks with then prime minister Sheikh Hasina.

Then state minister for local government rural development and cooperative minister Jahangir Kabir Nanak, whip Mirza Azam, then home minister Sahara Khatun and then local lawmaker Sheikh Fazle Noor Taposh attempted negotiations, entering the BDR headquarters with a white flag.

A rebel delegation met with Sheikh Hasina, who announced an amnesty for the mutineers.

Despite an initial ceasefire, firing resumed in the evening.

Talks between the rebels and government representatives continued late into the night, with assurances of laying down arms.

At about 2:30 am on February 26, some rebels surrendered their weapons, but sporadic gunfire persisted.

BDR soldiers in other districts took positions on highways, leaving borders unprotected.

Hasina addressed the nation at 2:00pm on February 26, urging rebels to surrender, warning of military action if they did not comply. By 6:00pm, army tanks and commandos surrounded Pilkhana, prompting rebels to hoist a white flag and flee.

Control was restored by police and the Armed Police Battalion, ending the ordeal for over 100 hostages.

A mass grave discovered the next day revealed the full extent of the savagery, leaving the nation in shock and mourning.​