SQ Chy submitted forged certificate
The Supreme Court rejected the review petitions of Salauddin and Mojaheed, as it did not find any error or illegality in its earlier judgments that upheld their death sentences.
In the verdict on Salauddin Chowdhury's petition, the top court said the certificate, submitted by Salauddin in support of his claim that he was not in Bangladesh in 1971, was forged apparently to confuse the court.
It said the claim that Salauddin applied for a duplicate copy earlier but did not receive the same until November, 2015, had no basis at all since the alleged certificate was issued in 2012.
The court said there was no explanation why he did not produce the certificate before November 16 this year, the date on which he actually produced it before the apex court.
“Further, the authenticity of the certificate has not been certified by an authorised officer of the High Commission Office of Bangladesh stationed in Pakistan,” the SC said.
The apex court also said the convict was not only physically present in the brutal and diabolical incidents of crimes, but also actively participated in those killings. He also showed no repentance or remorse for his conduct at any point of time, rather he expressed disdain towards the trial process.
In the judgment on the petition of Ali Ahsan Mohammad Mojaheed, the SC observed that the barbaric, gruesome and brutal crimes committed by Mojaheed were comparable with Hitler's Gas Chamber Genocide or Jallianwala Bagh massacre (in Punjub on April 13, 1919, when the British Indian Army fired on innocent civilians killing hundreds).
It said Mojaheed's ruthless Al-Badr Bahini being instigated, suggested, provoked and incited by him had kidnapped and killed intellectuals, which was a cold-blooded savagery.
“Does Islam permit killing of those unarmed people? While awarding the sentence, the court must take into consideration the unbearable pains, tears rolling down the cheeks and sufferings of the widows and children of the victims, who cried for getting justice for about 43 years,” the SC said.
“The barbaric gruesome and heinous crime which under the petitioner's [Mojaheed's] leadership his Badr Bahini committed is a revolt against the humanity,” it added.
The Al-Badr Bahini committed brutal crimes of killing of intellectuals only to cripple to the new-born country which is apparent from the facts, the Appellate Division observed.
Chief Justice Surendra Kumar Sinha wrote the judgment on the petition of Salauddin and Justice Hasan Foez Siddique wrote the verdict on the petition of Mojaheed. Justice Nazmun Ara Sultana and Justice Syed Mahmud Hossain agreed with them.
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