Dhaka court advises against military trial of mutineers

DHAKA - Bangladesh’s Supreme Court has advised against using the Army Act to try the border guard troopers who revolted in February, killing 71 people. The government may now have to amend the Bangladesh Rifles (BDR) Act to try the mutineers.

The apex court has advised the government against a military trial.

The highest punishment under the BDR Act, which governs the 67,000-strong force, is seven years’ imprisonment.

Thousands of BDR troopers revolted at the force’s headquarters in the outskirts of the national capital Feb 25-26 this year to protest low wages and poor working conditions.

Seventy one people, including 57 Bangladesh Army officers on deputation to the BDR, were killed by the troopers.

While there was no official word on the communication sent Thursday to President Zillur Rahman who had made a reference to the apex court, The Daily Star said sources confirmed that court “has indeed opined against trying the mutineers under the Army Act, 1952″.

If the answer was ‘no’, the question would be whether the army act can be applied retroactively through issuing a notification.

The court replied that the Army Act 1952 does not concern BDR personnel and so the mutineers cannot be tried under it.

The law also does not provide for issuing any notification with retrospective effect, said the sources.

Seven of the ten amici curiae (friends of the court) who had deposed before the apex court over six days’ proceedings earlier this month gave their legal opinion against the government trying the mutineers under the Army Act.

The president received the court’s opinion in response to a reference he had made to the apex court on the advice of the government Thursday afternoon.

The apex court’s opinion is not binding on the government, but is generally accepted.

The 11-member full bench of the Appellate Division, headed by Chief Justice M.M. Ruhul Amin, concluded the hearing on the presidential reference Sep 3.

The government has not specified the number of people to be tried for mutiny.