Assassination of Bangabandhu Sheikh Mujibur Rahaman along with his family members is the most gruesome murder in our national history. The killers were awarded immunity from trial by enacting indemnity ordinance. In 1996, indemnity ordinance was repealed and the government initiated the trial under the ordinary law of the land. In lower court, fifteen of the accused were given death sentence, and later, High Court Division confirmed the death sentence against 12 and acquitted three others. Subsequently, the convicted persons appealed to the Appellate Division (AD) of the Supreme Court against the HC verdict. The law requires three judges Bench to hear an appeal in the Appellate Division. Surprisingly, the Appellate Division could not manage three judges to hear this historical case. Out of 7 judges of the Appellate Division, 3 judges felt embarrassed while other 2 judges had already heard the case in the High Court Division. Thus, a Bench of three judges could not be constituted till now. To resolve the problem, a judge should be appointed in Appellate Division on ad hoc basis. Constitution also permits to do so in accordance with Article 98 of our Constitution.

Unfortunately, we can't see any initiative in this regard form the present government. It's a duty of the government to ensure that no murder go unpunished and the government could make people realise that no person is above the law and every offender will be tried under existing law of the land. Moreover, government must assure the trial of the murder in order to establish rule of law and justice. A society, which fails to bring to book the offenders and perpetrators of heinous crime, can't be called a civilised society. On the other hand, keeping convicted person in condemn cells with uncertainty for years is also undesirable. So, in the interest of justice and rule of law, the Bangabandhu murder case should be concluded as soon as possible with a view to reinstating public confidence on the judiciary.
Bivuti Tarafder,
LL.B. (Hons) 3rd year, Dhaka University.