Facts of Major Bazlul Huda Case
In the early hours (i.e. 4.30/5.00 AM of 15th August 1975, Bangabandhu Sheikh Mujibur Rahman, the then President of Bangladesh asked his Personal Assistant (i.e. the informant) to establish contact with the police control room immediately and report the attack of the house of Sherniabat, his brother-in-law. When the informant was trying to communicate with the police control room, Bangabandhu came down from upstairs. All of a sudden, the assailants started firing at the President’s house. Sensing the situation, the President lay on the floor and pushed the informant down. When the assailants stopped firing, the President asked the army personnel and police sentries about the situation.
Meanwhile, Sheikh Kamal, eldest son of Bangabandhu came down and 3/4 khaki and black-dressed army personnel entered the house. The Appellant Major Bazlul Huda shot at Sheikh Kamal. Major Bazlul Huda knowing the identity of Sheikh Kamal fired at him again. Resultantly he died on the spot. The bullets also caused injury to the informant and the PW-50 (the DSP, in charge of the Police House Guard). When the DSP was trying to escape, Major Bazlul Huda grabbed his hair and shot him down at the main gate. Some assailants went upstairs and shot at Bangabandhu at the main entrance, where intermittent gunshots and the women were crying out.
The killers brought down Sheikh Naser, the brother of Bangabandhu, and killed him in the bathroom. The assailants also brought down Sheikh Russell, the youngest son of Bangabandhu. He wanted to return to his mother but one of the assailants snatched him from the informant and took him upstairs saying that he would take him to his mother. However, they killed him there.
After that, Major Bazlul Huda informed the assailants that all family members and other inmates were killed. Still, black-dressed army personnel with tanks were moving on the road in front of the President’s House. At about 8 am, the assailants brought the dead body of Colonel Jamil to the President’s house. The informant witnessed Major Dalim talking to the army personnel in a Khaki dress. He saw Faruque Rahman, Major Nur, and Major Bazlul Huda at the place of occurrence.
Issues of the Case
- Whether the Hon’ble Third Judge has committed a fundamental error of law in failing to consider the reference in its entirety?
- Whether inordinate delay in lodging the First Information Report falsify the prosecution story?
- Whether trying the offenders in Regular Criminal Court instead of Court Martial has vitiated the trial?
- Whether the occurrence has arisen out of criminal conspiracy or mutiny?
- Whether the confessional statements of the Apelans Lieutenant Colonel Syed Faruque Rahman, Lieutenant Colonel Sultan Shahriar Rashid Khan, and Lieutenant Colonel Mohiuddin Ahmed (Artillery) are legally admissible in evidence?
- Whether electronic evidence is admissible in this case?
Judgement of the Case
“The Appellants having failed to make out a case of extenuating circumstances to commute their sentences of death, we are not inclined to interfere with the sentence of death awarded to the appellants by the learned Sessions Judge and maintained by the High Court Division.”
