Justice Md. Nazrul Islam Talukder

I have gone through the judgments proposed to be delivered by Mr. Justice Md. Shawkat Hossain and Mr. Justice Md. Abu Zafor Siddique. It appears that the judgment written by Mr. Justice Md. Shawkat Hossain is in English while the judgment laid down by Mr. Justice Md. Abu Zafor Siddique is in Bengali. I have also gone through the FIR, charge sheet, order of framing charge, evidence of the prosecution witnesses, evidence of the defence witnesses, inquest reports, post mortem reports, material exhibits, confessional statements of the accused and 342 statements of the accused. During hearing of the death reference along with connected appeals, I have also watched the video clippings at the court displayed by the prosecution with regard to movements and activities of the BDR rebels and recovery of dead bodies from the mass graves. In order to avert proliferation of volumes of judgment and to save the precious public time of the court, I am going to deliver this judgement in a concise manner without repeating the observations and findings that have been made in the judgements given by my two learned brothers. It may be mentioned that I along with the learned judges of the Special Bench have come to a unanimous decision in respect of the convictions and sentences of the accused of this case. However, I fully concur with the views, observations and opinions expressed in the judgment delivered by Mr. Justice Md. Abu Zafor Siddique for the reasons that his lordship has delivered the judgment considering and scrutinizing the facts and circumstances of the case, the legal evidence and other circumstances giving proper explanations and reasons. Apart from this, his lordship has elaborated his

Before coming to a conclusion in this matter, I would like to draw a brief history regarding the creation of Bangladesh Rifles (BDR) and Border Guard Bangladesh (BGB), which has become apparent to us from the submissions advanced by Mr. Mahbubey Alam, the learned Attorney-General for Bangladesh along with Mr. K.M. Zahid Sarwar, DAG and Mr. Mosharaf Hossain Kazol, the Government Prosecutor acted as Additional Attorney-General along with Mr. Sheikh Baharul Islam, D.A.G and Mr. Monjur Mohammad Shahnewaz Tipu, A.A.G.

Historical background of formation and creation of Bangladesh Rifles (BDR) and at present Border Guard Bangladesh (BGB).

I have come to know that Bangladesh Rifles was earlier known as BDR in short and now it has been renamed and is known as BGB after the BDR revolt in 2009. It is evident from the history that this paramilitary force was earlier known as ‘Frontier Protection Force’ under the Ramgarh Local Battalion which was established on 29 June, 1795 at Ramgarh at the instance of East India Company with a view to suppressing insurgent activities around the Ramgarh area. This said force established its first camp at Pilkhana, the present Headquarters of BGB. The Ramgarh Local Battalion performed its functions for a period of 65 years starting from 1795 to 1860. With the passage of time, the name, shape and size of Ramgarh Local Battalion became changed time to time. Later the Ramgarh Local Battalion was renamed as Frontier Guards which started its journey in 1861 and carried out its functions till 1890. In 1891, the Frontier Guards were reorganized and reequipped with modern weapons and renamed once again as the Bengal Military Police which existed and continued its functions till 1919. This force participated in the First World War which lasted from 28 July, 1914 to 11 November, 1918. Subsequently, Bengal Military Police was reorganized once again and renamed as the Eastern Frontier Rifles in 1920. This force having the name of Eastern Frontier Rifles performed its functions and existed from 1920 to 1946. It also took part in numerous military operations during the 2nd world war which lasted from 1939 to 1945.

After the partition of India, Eastern Frontier Rifles was regrouped and renamed as the East Pakistan Rifles in 1947. It was the primary border protection force of the then East Pakistan, now Bangladesh. During the liberation war of Bangladesh in 1971, the thousands of members of East Pakistan Rifles raised their arms against the Pakistan Army and its followers and many of them embraced martyrdom in that liberation war. On 29 January, 1972, the East Pakistan Rifles was renamed as the Bangladesh Rifles with the officers seconded from Bangladesh Army. On 25-26 February, 2009 while observing BDR week, 2009, some disgruntled BDR soldiers staged a mutiny and raised their arms against their officers who were seconded from Bangladesh Army for realisation of their demands and tried to take control of BDR Headquarters and BDR soldiers as a result of which 74 people including 57 army officers together with Director General of the BDR were mercilessly killed in that carnage. In the aftermath of the mutiny/revolt, the Bangladesh Rifles (BDR) was reorganised and

The Border Guard Bangladesh is a paramilitary force under the Ministry of Home Affairs. Its main responsibility is to defend the border security of the country, prevent smuggling, extend the government authority to remote and isolate areas and assist the Army during the war. During the war time, BGB comes under the direct control of the Ministry of Defence as an auxiliary force to Bangladesh Army. In addition to it, they also assist the Government in disaster management, maintenance of law and order, relief and rehabilitation work after any kind of natural disaster. In essence, the Border Guard Bangladesh is the vigilant sentinel of the national frontier and this paramilitary force always remains ever vigilant in the frontier. Before and after the independence of Bangladesh, this force resisted many thrust of invaders to safeguard our land and many of them died for those noble causes. There are many border conflicts among Bangladesh and the neighbouring countries but the BGB force faces those problems very bravely and

The BGB inherits a bright and glorious history of two hundred years from the time of their initial creation at Ramgarh in 1795. It has also a valiant and glorious role in the war of Liberation as it forged resistance against the invading Pakistani force at the call of the Father of the Nation Bangabandhu Sheikh Mujibur Rahman in 1971. It may be mentioned that on 7 March, 1971 Bangabandhu Sheikh Mujibur Rahman proclaimed independence of Bangladesh in a thunderous voice at a huge gathering at the Racecourse Maidan (now Suhrawardy Uddyan) and declared for a struggle for independence of Bangladesh. The said speech inspired the people of the then East Pakistan to participate in the struggle for independence of Bangladesh. Since Bangabandhu proclaimed independence of Bangladesh during the landmark speech on 7 March, 1971, on the night of 25 March, 1971, the Pakistan Armed Forces launched ‘Operation Searchlight’ in the Capital of East Pakistan rolling out their tanks on the streets of Dhaka and committed genocide, rape, arson and crime against peace and humanity in the different places of Dhaka. They also massacred students and intellectuals in Dhaka University, attacked the East Pakistan Rifles base at Pilkhana and Rajarbagh police line in Dhaka on that day killing a number of unarmed people. In the back drop of such events, Bangabandhu Sheikh Mujibur Rahman in the early hours of 26th March, 1971 declared independence of Bangladesh in the following manner:-

“This may be my last message, from today Bangladesh is Independent. I call upon the people of Bangladesh wherever, you might be and with whatever you have, to resist the army of occupation to the last. Your fight must go on until the last soldier of the Pakistan occupation army is expelled from the soil of Bangladesh and final victory is achieved.”

 Subsequently, at the order and instruction of Bangabandhu Sheikh Mujibur Rahman, some student leaders of Dhaka University handed over the aforesaid text of declaration to the then EPR Subedar Showkat Ali at Gate No. 2 of Pilkhana and thereafter the text of declaration was transmitted to all over Bangladesh through the transmitter of the then EPR-telegram and teleprinter. At the time of transmitting the text of declaration of independence, the invading Pakistan Army captured Subeder Major Showkat Ali and he was taken to Physical Training College at Mohammadpur. The Pakistan Army inhumanly and brutally tortured and persecuted him and thereafter he was mercilessly killed on 30.04.1971. However, his dead body was not found after killing him. Consequently, the declaration of independence of Bangladesh at the order, instruction and on behalf of the father of the Nation Bangabandhu Sheikh Mujibur Rahman was broadcasted across the country on 26 March, 1971 from Kalurghat Radio Station, Chittagong. On 30 October 2017, UNESCO recognised the aforesaid historic speech of Bangabandhu Sheikh Mujibur Rahman delivered on 7th March 1971 as the world’s documentary heritage adding it in the memory of the world international register. The BGB is a partner of glorious history of the independence of the country in 1971. The then East Pakistan Rifles joined the Mukti Bahini (freedom

 The aforesaid glorious history of BDR became tarnished a bit by the incident of BDR carnage happened on 25th and 26th February, 2009 at the BDR Headquarters, Pilkhana, Dhaka. It is very shocking to note that on that day, some disgruntled BDR soldiers raised their arms against their officers for materialising their demands. On 24th February, 2009, there was a ceremonial parade at Pilkhana ahead of BDR week 2009, in which Hon’ble Prime Minister Sheikh Hasina took salute of the parade. It was a very organised, beautiful, appealing and delightful parade. But the next two days were full of chaos, revolting, indiscipline and horror. It may be mentioned that on the 25th and 26th of February, 2009, a number of BDR members out of criminal conspiracy carried out an act of terror with utter disregard to human life and dignity in and around the Pilkhana premises killing 74 persons including 57 army officers. They inhumanly tortured the family members of the army officers, ransacked the valuable materials kept in the residence of the army officers and looted away their household goods

The prosecution case as established by the investigating officer and other prosecution witnesses.    

It is a long standing practice and tradition of Bangladesh Rifles (BDR), now the Border Guard Bangladesh, in short (BGB) to observe BDR Week at a convenient time every year at BDR Headquarters, Pilkhana, Dhaka in order to stage a good number of trainings and cultural events. Unlike every year, such a huge annual congregation of the BDR personnel under

the name of BDR week, 2009 was scheduled to be held from 23rd-27th February, 2009. In order to observe BDR week, 2009, many  BDR personnel including many army officers from different battalions, sectors and units of BDR participated in that programme coming from in and outside the BDR Headquarters. At the time of observance of BDR week, on 25th February, 2009 about 97 army officers of different ranks of Bangladesh Army from Pilkhana, Dhaka and many other officers from outside the BDR Headquarters and around 2500-3000 BDR personnel were present in the Darbar Hall of the BDR Headquarters at Pilkhana to attend the Darbar (Meeting) being presided over by Major General Shakil Ahmed, Director General of the then Bangladesh Rifles. Now I want to narrate how the BDR rebels, that is, the accused/convicts of this case

killed the army officers in and around the Darbar Hall and in other places of Pilkhana.   

The Killing of DG BDR Major General Shakil Ahmed, DDG Brigadier General Mohammad Abdul Bari and many other officers in and around the Darbar Hall. 

From the evidence led by the investigating officer and other prosecution witnesses namely PW 1 Nabo Joti Khisha, PW 3 Lieutenant Colonel Abu Tasnim, PW 4 Lieutenant Colonel Shamsul Alam Chowdhury, PW 5 Lieutenant Colonel Md. Abdul Mokim Sarker, PW 8 Lieutenant Colonel Md. Zahid Hasan, PW 9 Lieutenant Colonel Md. Maksudul Haque, PW 10 Major Md. Alamgir Hossain Dewan and PW 11 Major Md. Sujaul Haque, it appears that on 25th  February, 2009 at around 9:00 a.m, after the arrival of DG at the Darbar Hall at Pilkhana, the Darbar (meeting) was started with the recitation from Holy Quran. Afterward DG, BDR started delivering his speeches on different matters including the operation Dal-Vhat programme before the attendants. The DG of the BDR informed that the outstanding money earned from the operation Dal-Vhat programme would be used and spent for the welfare of the BDR members. As soon as the DG of the BDR told about the operation Dal-Vhat programme, Sepoy Moin of 13 Battalion entered the Darbar Hall, came over the stage with arms and pointed the same at DG. Subsequently, another Sepoy namely Kazol of 44 Battalion also entered the Darbar Hall. However, DDG Brigadier General Bari, Colonel Anis, Lieutenant Colonel Shams (PW 4), Lieutenant Colonel Elahi along with other officers present over there disarmed Sepoy Moin, but Sepoy Kazol of 44

The aforesaid fact of looting arms and ammunitions followed by criminal conspiracy is also noticeable from the 164 statements made by  Sepoy Selim Reza CS accused No. 6, Sepoy Md. Sajjad Hossain CS accused No. 10, Sepoy Kazol Ali CS accused No. 11 and Sepoy Md. Rafiqul Islam CS accused No.19.

After looting the arms and ammunitions, the BDR rebels assembled at Sultan ground and exchanged arms and ammunitions according to their pre-plan and conspiracy. Then the BDR rebels started roaming violently with arms and ammunitions and then proceeded towards the Darbar Hall, Darbar Hall area and different places of Pilkhana. Some BDR rebels very fiercely started firing outside the Darbar Hall and at one stage, under the leadership of Sepoy Selim Reza, Sepoy Kazol, Sepoy Rezaul, Sepoy Altaf, Sepoy Moin and Sepoy Rafiqul along with about 10/15 BDR rebels entered the Darbar Hall. In view of the aforesaid incident, out of fear of life, the army officers including the lady doctor officers took shelter behind the screen of the stage and in the different places of the Darbar Hall. Sepoy Selim Reza appeared in front of the stage taking arms in one hand and megaphone in another hand, pointed arms at them, ordered the army officers to come out from different hideouts, rebuked the army officers with highly objectionable filthy languages and directed them to surrender. Getting order from Sepoy Selim Reza, the officers being compelled came out from behind the screen of the stage raising their hands. Then Sepoy Selim Reza ordered the officers to go out of the Darbar Hall pointing arms at them. In the meantime, another group of BDR rebels came therein, directed

the 1st group of officers came out of the Darbar Hall, they were compelled to lie down on the road at the north-west side near water fountain of the Darbar Hall. Subsequently they were killed by opening several fires on them. The aforesaid killing incident was supported and corroborated by the confessional statements of Sepoy Selim Reza CS accused No.6 and Sepoy Md. Habibur Rahman CS accused No 26 and the evidence of  PW 9 Lieutenant Colonel Md. Maksudul Haque.

From the evidence of PW 9 Lieutenant Colonel Md. Maksudul Haque and the confessional statements of Sepoy Selim Reza CS accused No.6, Sepoy Md. Rafiqul Islam CS accused No. 19, Sepoy Md. Habibur Rahman CS accused No 26, Sepoy Md. Abdul Muhit CS accused No. 70 and Sepoy Md. Ibrahim CS accused No. 68, it is evident that

after killing the 1st group of the officers, a few minutes later, Sepoy Selim Reza of 44 Rifle Battalion again appeared near the stage and witnessing the movement of the screen of the stage, he came to know that some officers were concealed behind the screen of the stage. By using megaphone, he again ordered the army officers, that is, the another group of army officers who took shelter behind the screen of the stage and in other places to come out, rebuked them with highly objectionable filthy languages and issued threat of killing if they failed to come out. Then DG, DDG and 10/12 other officers came down from the stage. Sepoy Selim Reza further rebuked and ordered the officers to go “one by one” making a queue raising their hands. Thereafter at around 10:45 a.m, DG and other officers, that is, the another group of army officers started going out towards the north-west side of the Darbar

Hall maintaining a line. At that time Sepoy Selim Reza of 44 Rifle Battalion, Sepoy Sajjad Hossain of 13 Battalion, Sepoy Ibrahim of 44 Rifle Battalion, Sepoy Obaidul of 44 Rifle Battalion, Sepoy Rafiqul of 44 Rifle Battalion, Sepoy Emran of 24 Rifle Battalion and some other BDR rebels started going to the western side of the Darbar Hall aiming arms at the officers. At that time DAD Nasir was with the BDR rebels. As soon as the DG and others officers came out through north-west gate of the Darbar Hall, Sepoy Selim Reza, Sepoy Atoar of 44 Rifle Battalion, Sepoy Ibrahim, Sepoy Obaidul, Sepoy Rafiqul, Sepoy Sajjad, Lance Naik Ekram of 24 Rifle Battalion and other BDR rebels opened burst- fires on them as a result of which the army officers fell down on the floor receiving bullet injuries. The bodies of the army officers were riddled with a

spray of bullets as a result of which all the army officers instantly succumbed to the injuries and the dead bodies were fallen scattered in and outside the Darbar Hall. At that moment, DAD Nasir of 44 Rifle Battalion was present at the place of occurrence with the BDR rebels. It is evident from the confessional statement of Sepoy Md. Rafiqul Islam CS accused No. 19 that at the time of killing the army officers, DAD Nasir of 44 Rifle Battalion was also present there with the BDR rebels. After opening burst-fires and fires, the DG and officers fell down on the ground receiving bullet injuries. In order to ensure the death of the officers, the BDR rebels charged bayonets and kicked on the dead bodies of the officers in order to see whether the officers were alive or not. When the BDR rebels became confirmed that no officers were alive, then DAD Nasir of 44 Rifle Battalion left the place of occurrence. Apart from the aforesaid evidence and materials, the facts of killing of army officers are also evident from the evidence of PW 536 Brigadier General Waker-Uz-Zaman who has stated in his evidence that on 27.02.2009 at 10:30 a.m, this witness as Second-In-Command (2IC) of 17 East Bengal Regiment along with his brigade commander and other army officers entered the Pilkhana. He went to DG bungalow, Darbar Hall and different quarters of the officers. Going at DG bungalow and Darbar Hall, he found many alamots and marks of killing therein. However, he recorded some scenario of alamots and marks of killing of DG bungalow in his personal mobile. Subsequently, he converted those scenario into CD. Later, during trial of the case, this witness produced the CD before the court and the same was exhibited as exhibit No. CL XXXIV.

The Killing of Major Mostafa Asaduzzaman @ Asad

It appears from the evidence of PW 28, Sepoy Md. Anwar Hossain that on 25.02.2009 at about 8:30 a.m, this witness came to Head Office of Sadar Rifle Battalion for leave purpose and at that time DAD Touhid was present in his office and saw him leaving the office. Remaining therein he came to hear sound of firings at Darbar Hall area at 9:30 a.m. He came to see some BDR rebels to open fires. He witnessed Havildar Tariqul and 2/3 other BDR rebels to assault Major Asad. On that day, at about 9:50 a.m, DAD Touhid being excited ordered the BDR rebels to bring arms and to kill the army officers. It is learnt that immediately after outbreak of revolt, Major Asad being thrashed by the BDR rebels fell down near the stairs of Sadar Rifle Battalion and cried for help. Then

Major Asad was taken to the office room of Commanding Officer (CO) at the 1st floor by this witness. Within 2/1 minutes later, DAD Touhid entered the office room of Commanding Officer (CO). Major Asad asked DAD Touhid, “what is happening?”. In reply, DAD Touhid answered, “Do you not understand?”. Thereafter DAD Kader came therein. Then DAD Kader and DAD Touhid went out together. Within 4/5 minutes later Lieutenant Colonel Jahan Ara Begum came at the room of Commanding Officer (CO). After 2/1 minutes, Naib Subedar Nurunnabi opened fires towards the windows of the office room of the Commanding Officer (CO) from the outside and then went away from that place. The bullets struck the glasses of the windows as a result of which those were broken into pieces. On such situation Major Asad and Lieutenant Colonel Jahan

Ara Begum hid themselves in the room of Commanding Officer (CO) locking the door. This witness hid himself under the table of Commanding Officer (CO). About 10/15 minutes later, DAD Touhid along with Havildar Belayet, Naik Asad, Sepoy Aminar and 3 other BDR rebels being armed with weapons appeared at the room of the Commanding Officers (CO). Having not found Major Asad there, DAD Touhid ordered the BDR rebels to break down the doors of the bathroom and went away therefrom. Then they broke open the door of bathroom and brought Major Asad and Lieutenant Colonel Jahan Ara Begum from that place. Then Major Asad sat on the chair and then the BDR rebels brought Lieutenant Colonel Jahan Ara Begum from the room. Havildar Belayet, Naik Asad and Sepoy Aminar stayed at the room. After a while, DAD Touhid appeared at the room of Commanding Officer (CO) and looking at Major Asad, he ordered the BDR rebels to finish him. Then and there, Havildar Belayet, Naik Asad and Sepoy Aminar opened fires at Major Asad and went away killing him therein. This witness received bullet injuries in his hip and leg while he hid himself under the table of the Commanding Officer (CO). The dead body of Major Asad was fallen motionless and found careless therein. The aforesaid evidence has been supported and corroborated by  PW 16 Md. Ashifur Rahman Akash who has stated in his evidence that on 25.02.2009 before going to Darbar, Major Asad called this witness for attaching belt badge in his uniform. After attaching the belt badge, Major Asad went to Darbar. This witness came back to his tailoring shop inside the Pilkhana. On that day,

around 9.25 to 9:30 a.m he came to hear sound of firings from the Darbar Hall and then from the balcony he came to see the BDR personnel who were running to and fro coming out from the Darbar Hall. At that time, Havildar Tariqul, Sepoy Aminar Rahman were standing in front of the garage situated in south- east corner of the Sadar Rifle Battalion; when Major Asad came near the garden in front of the office of the Sadar Rifle Battalion coming out of the Darbar Hall, Havildar Major Tariqul caught hold of him and scolded him as a ‘son of bitch’. Thereafter, Sepoy Aminar Rahman and one unknown Sepoy caught Major Asad by holding his hands from both sides; thereafter, Havildar Tariqul opening his belt from the waist started beating on nose, mouth, chest and the backside of Major Asad; Major Asad pushing him aside came to the 1st floor of Sadar Rifle Battalion and

entered the room of Commanding Officer (CO). Sepoy Aminar followed him from the behind. At that time Havildar Tariqul staying at the soldiers line uttered and ordered by shouting that no BDR person would be in empty hand, everybody would go to Darbar Hall with arms and kill the army officers by opening fires as soon as army officers were seen and found. After a while Lieutenant Colonel Jahan Ara Begum was brought to the office of Commanding Officer (CO) at the 1st floor of the Sadar Rifle Battalion by a BDR rebel at gunpoint. At that time Havildar Belayet was seen with SMG while Naik Asad was seen with rifle. Both of them opened fires targeting the office of Commanding Officer (CO). Havildar Belayet uttered to bring out major Asad and rebuked him calling son of bitch and ordered the other BDR rebels to kill him in such a way so that he could not be survived. Then using the filthy languages, Havildar Belayet told Naik Asad that they would kill Major Asad and then both of them entered the Sadar Rifle Battalion. After a while 4/5 BDR rebels brought Lieutenant Colonel Jahan Ara Begum at the road from the 1st floor beating her left and right and compelled her to board the ambulance. Subsequently, Havildar Belayet, Naik Asad and Sepoy Aminur Rahman being armed with weapons entered the office room of Commanding Officer (CO) and this witness heard the sound of firings. Afterward at the lunch time, when this witness entered the Sadar Rifle Battalion, he came to see the dead body of Major Asad. The aforesaid incident has been supported and corroborated by PW 454 Lieutenant Colonel Jahan Ara Begum who has stated in his evidence to the effect that on 25.02.2009, she was present in the Darbar Hall. When a hue and cry was started in the

The Killing of Lieutenant Colonel Md. Lutfar Rahman Commanding Officer (CO) of 24 Rifle Battalion.

It is found from the evidence of  PW 24, Lieutenant Colonel Md. Asif Abdur Rouf that on 25.02.2009 this witness was present at his residence at Pilkhana. At around 10:45 a.m, the residence of this witness was attacked by the BDR rebels. When this witness was compelled to go with the BDR rebels, on the way he came to see Lieutenant Colonel Lutfar Rahman Commanding Officer (CO) of 24 Rifle Battalion to have been thrashed and assaulted by the BDR rebels. He identified Subedar Major Gofran Mollik, Havildar Taher, Lance Naik Karim, Sepoy Emran, Sepoy Aziz, Sepoy Arafat Hossain, Sepoy Mizanur Rahman among the rebels. He also found Subedar Major Gofran Mollik to lead the BDR rebels taking SMG in his hands. Subsequently he came to know that BDR rebels had killed Lieutenant Colonel Lutfar Rahman. Many other BDR rebels being armed with weapons came at the office area of 24 Rifle Battalion. Thereafter, at around 11:00 a.m, they brought out Lieutenant Colonel Lutfar Rahman, Commanding Officer (CO) of 24 Rifle Battalion from his office dragging, beating, humiliating and dishonouring him and took him at the backside of MT line of 13 Rifle Battalion. Sepoy Md. Azim Patowary CS accused No 17, the driver of Lieutenant Colonel Lutfar Rahman tied up the eyes of his own unit’s Commanding Officer (CO) with the red clothes and both hands with rope from the backside. Then Sepoy

The Killing of Major Muhammad Mosharof Hossain

On that fateful day of occurrence at Pilkhana, PW 74 Major Dr. Rownak Azad Anne and Major Mosharof were present in the Darbar Hall. When chaos and disordered situation were started at the Darbar Hall, then Major Doctor Rownak Azad Anne along with Major Mosharof coming out of the Darbar Hall came to the premises of Noor Mohammad Rifles Public School and College running through the field. Major Mosharof went to the tuition fee collection room of the college and took shelter at the tuition fee collection room. Major Mosharraf, Major Doctor Rownak Azad Anne, one Subedar of BDR and 2 civil employees entered the cash counter and took shelter under the box of the counter and shut the door from inside. At about 2:30 p.m-3:00 p:m, 3 armed BDR rebels entered the room breaking open the door and pointed their arms at them. When Sepoy Altaf, Bashar

and others came in front of  PW 74 Major Doctor Rownak Azad Anne, she introduced herself as a lady doctor and told them not to cause any harm to her as she used to provide treatment to them and their wives and children. At that time, they snatched away her mobile phone from her hands and brought out Major Mosharof from the cash box.  The BDR rebels scolded Major Mosharof and other persons stayed therein. However, at one stage, the rebels brought out Major Mosharof of the room and asked him to stand on the veranda moving back. When Major Mosharof moved back, they opened fire at him as a result of which Major Mosharof fell down on the veranda receiving bullet injuries and embraced death instantly. The aforesaid fact of killing has been supported and corroborated by the evidence of PW 56 Major Mohammad Rezaul Karim and the confessional statement of  Sepoy Haider Ali CS accused No.91.

The Killing of Major Abu Syed Gazzali Dastagir

PW 3 Lieutenant Colonel Md. Abu Tasnim has stated in evidence that on 25.02.2009 he was present at the Darbar Hall. At one stage of turbulent situation at the Darbar Hall, DG directed all the concerned commanders to control the troops of the respective units. Getting order from the DG, this witness started for Signal Sector. On his way to Signal Sector, he came to meet Major Mokbul and Major Gazzali near swimming pool. When he came near JCO’s Mess, he came to see 6/7 BDR rebels who were beating Major Gazzali. At that time this witness took shelter beside a building. Subsequently he heard shouting and sound of firings therein. After a while he came out of the hideout and came to see Naib Subedar Fazlul Karim, Havildar Anisuzzaman, Naik Wazed, Sepoy Motiur Rahman and other BDR rebels who were carrying the dead body of Major Gazzali by a jute sack. The aforesaid incident has been partly supported and corroborated by PW 20 Major Kamrul Hasan who saw 6/7 BDR rebels to take Major Gazzali towards the RSB field. He indentified Sepoy Mamun and Naik Wazed among the BDR rebels. The BDR rebels was taking Major Gazzali repeatedly beating him. Apart from the aforesaid evidence,  PW 30 Tarun Kanti Roy has stated in his evidence that on 25.02.2009 at around 12 at noon, when he came in front of the street of Signal Sector, he came to see Naib Subedar Fazlul Karim, Havildar Anisuzzaman and signalman Motiur Rahman who were carrying a dead body in a jute sack along the street of Signal Sector. Subsequently, he came to

The Killing of Doctor Major SAM Mamunur Rahman

It stands out from the evidence of PW 19 Naik Md. Keramot Ali Sheikh that on 25.02.2009 he was present in the Darbar Hall to participate in Darbar. Due to disordered situation at the Darbar Hall, when he was coming from Darbar Hall to his own unit, he came to see many BDR rebels to open fires aiming at the Darbar Hall. Thereafter, he came to his own unit at 24 Rifle Battalion and stayed at the 2nd floor of the soldiers line. While he was staying in the backside of the soldiers line, at around 12 noon, he came to see Lance Naik Mozammel, Sepoy Uttom Barua, Sepoy Jewel, Sepoy Harun, Sepoy Tarequl, Cook Mojibur and other BDR rebels who were taking Doctor Major Mamun towards the north-west corner of the soldiers mess in a humiliating, wounded and bleeding condition beating him repeatedly. This witness came to see that at the order of armed Naib Subedar Islam Uddin, Lance Naik Mozzamel and other BDR rebels killed Doctor Major Mamun opening

The Killing of Colonel Md. Mojibul Haque, Lieutenant Colonel Enayet and Major Mokbul

 It is apparent from the evidence of  PW 26 Havildar Md. Bazlur Rashid that on 25.02.2009 he was present in the Darbar Hall. A disordered situation occurred in the Darbar Hall. At the order of DG, this witness was going to his own unit at 36 Rifle Battalion. On his way to 36 Rifle Battalion, he came to see JCO Subedar Shahidur Rahman, Naik Idris, Naib Subedar Aziz, Naib Subedar Shahjahan, Naib Subedar Saidur Rahman, Naib Subedar Baten, Naib Subedar Kabir Uddin, Naib Subedar Khayer, Naib Subedar Assistant Ali Akbar, Subedar Ekramul Huque, Subedar Abdul Malek, Subedar Bari, Subedar Elias, Havildar Shahjahan, Havildar Yousuf, Havildar Omar, Sepoy Bazlur Rasid, Lance Naik Anowar and others who were counselling with each other. Havildar Major

Shahjalal entered the 4th floor of E Company and asked all them to go out. At that time, Subedar Major Shahidur was found with SMG. After a while, Havildar Omar, Subedar Ekramul, Sepoy Bazlur Rasid, Lance Naik Anowar and others brought Colonel Mujib and Lieutenant Colonel Enayet at the 4th floor. This witness came to see that Colonel Mujib was taken to a room while Lieutenant Colonel Enayet was also taken to another room. Subsequently a hue and cry was heard at the veranda situated in the western side. Thereafter he came to see that Havildar Yousuf, Sepoy Bazlu and Lance Naik Anowar with arms were coming to the east side from the west side. Havildar Yusuf entered into a room wherein Colonel Mojib was kept and opened fire at him by the arms in his hands. Havildar Yusuf and Lance Naik Anowar threw the dead body of Colonel Mojib to the ground from the 4th floor. At that time Lieutenant Colonel Enayet was also killed by the BDR rebels. Thereafter, Subedar Shahid and another also threw the dead body of Lieutenant Colonel Enayet to the ground from the 4th floor. At that time, M.L.S.S. Saifuddin @ Saidul helped the BDR rebels to show Major Mokbul who, at that time, was at the western side of the 2nd floor. Then Sepoy Alim Reza being armed with weapons went to a room at the western side and killed Major Mokbul by opening fire at him. The aforesaid evidence is also supported and corroborated by PW 37 Subedar Sheikh Abdul Quddus who has stated in his evidence that he was Naib Subedar of 36 Rifle Battalion. On 25.02.2009 at 9:40 a.m, hearing sound of firings he came in front of the soldiers line of his unit. A few minutes later, he came to see Lieutenant

Colonel Enayet, the Commanding Officer (CO) of his unit and Colonel Mojibul Haque to come in front of the Battalion running. At that time, Subedar Major Shahidur Rahman, Havildar Omar Ali, Subedar Ekramul Haque, Sepoy Bazlur Rashid, Lance Naik Anwarul Islam and many others took Colonel Mojib and Lieutenant Colonel Enayet at the 4th floor of the soldiers line. Subsequently he came to hear sound of firings from the 4th floor of the soldiers line. During that time, he also came to see MLSS Saifuddin who showed Major Mokbul by shouting and then Sepoy Alim Reza killed Major Mokbul by opening fire on him. After killing the aforesaid 3 officers, their dead bodies were thrown to the ground floor from the 4th floor by the BDR rebels. The aforesaid fact of killing stands supported and corroborated by the confessional statements made by MLSS Md. Saifuddin Miah CS accused No. 88, Havildar Md. Yusuf Ali CS accused No. 75, Naib Subedar Md. Shahjahan Ali CS accused No. 74 and Sepoy Alim Reza Khan CS accused No. 80. It further appears from the confessional statement of Sepoy Alim Reza Khan CS accused No. 80 that he killed Major Mokbul by opening fire on him by the SMG, which is corroborated and supported by PW 37 Naib Subedar Sheikh Abdul Quddus. It is noticeable from the confessional statement of  Havildar Md. Yusuf Ali that CS accused No. 75 that at the order of BHM Shahjalal, the quarter masters of all the companies kept two dead bodies at the water point attached with barbar shop of 36 Rifle Battalion. Then the soldiers namely Syed, Omar, Jalal and Ekram started shouting for removing the dead body from the 36 Rifle Battalion. Then the dead body of Colonel Mojib,

The killing of Lieutenant Colonel Doctor Robi Rahman

It is evident from the evidence of PW 72 Major Farzana Kalam that in order to observe BDR week, 2009, on 25.02.2009, she was at the Darbar Hall. She appeared there at 8:30 a.m and at about 9:00 a.m, the meeting at the Darbar Hall was started and the DG started giving his sermons. After sometimes when he was talking about operation Dal-Vhat programme, at that time a soldier being armed with weapon coming from the western side entered the Darbar Hall and pointed arms at DG BDR. The officers over there caught hold of him. In a moment, a hue and cry was started at the Darbar Hall. Many soldiers started going out through the doors and the window of the Darbar Hall. She along with some officers came towards the stage when firings were started in and around the Darbar Hall. This witness, Lieutenant Colonel Doctor Lutfor Rahman, Lieutenant Colonel Rabi Rahman, Lieutenant Colonel Yasmin and Major Rukhsana were there at the same place. In order to save themselves they took shelter behind the screen of the stage at the south-west corner of the Darbar Hall. DG, DDG, DOT, Captain Majahar, Lieutenant Colonel Kamruzzaman, Central Subedar Major and many others took shelter behind the screen at the other side of the stage. The sound of firings started increasing. The BDR rebels asked all the officers to come out

from behind the screen. At that time at the advice of Lieutenant Colonel Lutfor Rahman, the officers remaining in the south-east corner of the stage started coming out one after another. When they came down from the stage the BDR rebels caught hold of them and brought them out of the Darbar Hall. When they appeared in the middle place of the Darbar Hall, the BDR rebels opened fire at Lieutenant Colonel Kaisar and beat Lieutenant Colonel Lutfor Rahman. They pushed them out through the gate located in the north- east gate of the Darbar Hall. Bringing out from Darbar Hall, they called bad names of the officers and beat them mercilessly. Some of the BDR rebels wanted to take them to the firing squad. Sepoy Selim Reza came there and told them not to kill them as they are lady doctors and also told that they would be needed for their treatment purposes. At that time, this witness

found Major Saleh who came out from the Darbar Hall receiving bullet injury. When a pickup came, the BDR rebels picked her along with Lieutenant Colonel Yasmin and Major Roksana on the pickup. Lieutenant Colonel Rabi Rahman tried to ride on the pickup but the BDR rebels resisted them from riding on the pickup. At the moment of starting the pickup, the aforesaid Lieutenant Colonel Rabi Rahman were able to ride on the pickup but the BDR rebels pushed him down beating him by the bat of a rifle. The pickup came to the Hospital and dropped them thereat. The aforesaid story of beating the Lieutenant Colonel Robi Rahman has been supported and corroborated by the evidence deposed by  PW 73 Lieutenant Colonel Yasmin Akhter and PW 77 Major Rukhsana Khanam.  It may be mentioned that at that time, many army officers were killed by the BDR rebels in front of the fountain adjacent to north-south gate of the Darbar Hall. The dead body of Lieutenant Colonel Robi Rahman was found and recovered from mass grave near mortuary of the hospital and his dead body was identified by  PW 535 Colonel Md. Abdul Alim Tarafder.  

The killing of Major Mohammed Mominul Islam Sarker

It is found from the evidence of PW 15 Sepoy Fazlul Haque that on 25.02.2009 this witness was present in the Darbar Hall. Witnessing the violent situation, he left the Darbar Hall. When he came in the middle place of Sultan ground situated at north-west corner of Babor ground, he came to see Sepoy Masum of 24 Battalion and other BDR rebels namely Lance Naik Ekramul, Sepoy Paltan Chakma, Sepoy Mukul Alam being armed with weapons to come running. At that time, Major Mohammed Mominul Islam Sarker of 24 Battalion was also coming through the way situated in the north side of the pond which is situated at the east side of the Darbar Hall.  As soon as Major Mohammed Mominul Islam Sarker was seen, Sepoy Masum CS accused No. 224 opened fire on him from 25/30 yards away. Major Mohammed Mominul Islam Sarker receiving bullet injury fell down in a moment. It appears from the confessional statement of Sepoy Al Masum CS accused No.224 that at the time of occurrence he took SMG and ammunitions. The confessional statement of this accused indicates that he was the member of unlawful assembly following premeditated conspiracy together with common intention and common object to overthrow the army officers from the BDR force.        

It is noticeable from the confessional statement of Regiment  No. 75336 Sepoy Md. Saiful Islam CS accused No.61 that on 25.02.2009, this accused took one rifle and 20-round bullets from the Kote and Magazine. Then he opened 10-round fires towards the Darbar Hall. At around 10:45 a.m he took stand in the middle place of the main gate and the fountain in front of the Darbar Hall. In that place he found a dead body of an officer lying therein. Sepoy Altaf of 44 Rifle Battalion coming out of the Darbar Hall asked this accused to enter the Darbar Hall. Entering into the Darbar Hall, he took stand in the north corner in the front side of the store. In that time, Sepoy Altaf ordered the army officers to come out maintaining a line/queue. Sepoy Altaf had a megaphone and arms in his hands. Sepoy Altaf ordered the army officers to hand over the mobile phones to them. Thereafter this accused took two mobile phones from two army officers. Sepoy Altaf asked the army officers to go to the west gate maintaining a line. At that time an army officer tried to pick up his stick which was fallen from his hand but Sepoy Altaf threatened him not to pick up the stick saying that there was no necessity of it. Thereafter, the army officers were taken towards the west gate of the Darbar Hall marching them making a queue. Lieutenant Colonel Md. Badrul Huda who was the commanding officer of the former unit of this accused was among the other officers. When the army officers were going out through the door, the BDR rebels opened fires on them as a result of which some officers fell down on the ground

The Killing of an army officer in front of the teachers quarters.

It further seems from the confessional statement of Regiment No. 75336 Sepoy Md. Saiful Islam that on 25.02.2009 at around 11:00 a.m this accused coming out of the Darbar Hall went in front of the quarters of the teachers. This accused entered the residence of the principal of the college in order to see as to whether any officer was in hiding in that place or not. Entering into that residence, this accused found 3 children who took shelter under the Khat/bed out of fear of life. Having asked by this accused, the children replied that their parents had gone outside the house. When this accused was there in the room, Sepoy Jashim of 44 Rifle Battalion and another Sepoy Jashim of Mymensingh Sector entered the room. Sepoy Jashim of Mymensingh Sector had a LMG in his hands and a belt of bullet at his waist. Sepoy Jashim of 44 Rifle Battalion had a rifle in his hands. This accused along with two others went to the roof of a two storied building for taking defence. At around 12:15 p.m, from the roof they came to see an army officer who was being taken away by 3 BDR rebels dragging him. Looking at the aforesaid scenario,

The killing of Lieutenant Colonel Mohammad Sazzadur Rahman, Major Mohammad Maksum- Ul-Hakim and many officers who took shelter in the utensils and beside the utensils in the kitchen attached with Darbar Hall and some officers who took shelter at the bathroom.

It stems out from the evidence of  PW 25 Lieutenant Colonel Md. Iqbal Hasan that on 25.02.2009 he was present in the Darbar Hall. When some BDR rebels under the leadership of Sepoy Selim Reza entered the Darbar Hall, at that time he along with Lieutenant Colonel Badrul went to the green room and came to see some officers who took shelter therein. Within a short period of time, many BDR rebels entered the Darbar Hall as a result which this witness along with Colonel Aftab took shelter behind the big cooking pots coming therein through the ventilator of the washroom. At around 11:00 a.m, he came to hear sound of shooting to someone else. He came to hear sound of killing by opening fire and screaming of the victim officers who took shelter at the bathroom behind him. In the meantime Colonel Reza, Colonel Arefin, Lieutenant Colonel Sazzad and Colonel Zahid also took shelter with them coming through the ventilator of another bathroom. Within a short span of time, an unpleasant and horrible situation engulfed the Darbar Hall. The officers took shelter in the cooking pots kept in the kitchen. When 5/6 BDR rebels entered the kitchen, this witness took shelter beside a cooking pot kept in the kitchen. He identified Sepoy Sazzad, Sepoy Rubel Miah and Sepoy Shahadat. When the aforesaid 3 BDR rebels opened fires on the officers, the officers fell down receiving bullet injuries. When the BDR rebels went out of the kitchen, they addressed one BDR rebel as Sumon and told him to come out quickly. Instead of coming out from that place, Sepoy Sumon of 44 Rifle Battalion pushed some cooking pots as a

From the evidence of  PW 21 Major Syed Monirul Alam, it appears that on 25.02.2009, this witness was present in the Darbar Hall. Due to chaos at the Darbar Hall, the BDR members started going out of the Darbar Hall making a hue and cry. This witness came to see through glasses of window that the BDR rebels being armed with weapons were coming to the Darbar Hall opening fires. At that time DG was encircled by other officers. DG directed all the officers and the BDR members to come back to the Darbar Hall. Then he informed his wife of this matter. Intermittent firings were started around the Darbar Hall. On such situation, in order to save his life he entered the washroom.  He along with Major Maksumul took shelter under the basin. After a few time, 10/12 BDR rebels being armed with weapons entered the Darbar Hall and scolded the army officers with bad languages. Among the BDR rebels, he identified Sepoy Zia and Sepoy Razibul of 44 Rifle Battalion. Subsequently, changing his location he went behind the basin. He understood that BDR officers were being killed. Major Maksumul Hakim was beside him. After a while BDR rebels entered the washroom and uttered whether there were any son of bitch inside the washroom. Then the BDR rebels came to see Major

The Killing of one army officer in front of Shaheed Fazlul Haque English Medium School

Going through the confessional statement of Sepoy Md. Sazzad Hossain CS accused No.10, it appears that on 25.02.2009 at around 9:15 a.m, this accused along with other BDR rebels following the criminal conspiracy along with common intention and common object went to the central quarter guard at Pilkhana, broke open the same and looted arms therefrom. This accused took one SMG, loaded the arms with ammunitions taking from the Magazine, went to the Sultan ground beside the Darbar Hall and opened fires. Then he went towards the Shaheed Fazlul Haque English Medium School and saw one pickup wherefrom the BDR rebels were opening fires towards the Darbar Hall.  At that time one army officer was coming towards them running. The two BDR rebels who were with him opened fire on him and the BDR rebels also told this accused to open fires. He identified one of the two rebels who were with him and his name is sepoy Shahadat who came there to participate in the tattoo show and he was attached with 13 rifle battalion. This accused also opened fires on the army officers at the instruction of two BDR rebels who were with him. The aforesaid army officers were killed by the

The killing of 3 Army officers at Water pump

It is evident from the evidence of PW 36, Cook Md. Amanuddin, who has stated in his evidence that this witness was serving as cook in the house of Lieutenant Colonel Khabir. On 25.02.2009 at about 9:25 a.m he heard sound of firings from the Darbar Hall. In order to know the situation, he went out of the house and started coming towards the west side. When he reached near the water pump located in the south- west side of the Ripocks, the bullets started coming from the Darbar Hall. As a result, he entered the water pump and found 3 army officers who hid themselves there. After 3/4 minutes, No.51148 Lance Naik Hamidul, No. 77867 Sepoy Anisur both of 44 Rifle Battalion, No. 58589 Sepoy Bakibillah of 13 Rifle

Battalion along with 5/6 BDR rebels entered the water pump and brought them out from the water pump at gunpoint and attempted to fire on them. When this witness introduced himself as a cook, one of the BDR rebels thrashed him telling that what he was doing there. In the meantime, Lance Naik Hamidul, Sepoy Anisur Rahman, Sepoy Bakibillah opened fire at 3 officers who receiving bullet injuries fell down on the ground. Out of fear of life, he then came to his officer’s house running. The aforesaid fact of killing is evident from the confessional statement of  Sepoy Shahadat Hossain CS accused No.191 who has stated that Naib Subedar Torab Ali, Havildar Bashar, Naik Mokter and 8/10 BDR rebels took this accused and others at the water pump from the Darbar Hall crossing the field situated at the north side of the Darbar Hall. Going thereat, this accused came to see dead body of 3 army officers with blood tainted BDR uniform on the floor of the water pump house.

The Killing of one army officer on the bank of pond behind the Darbar Hall.

From the confessional statement of  Sepoy Shahadat Hossain CS accused No.191, it appears that Naib Subedar Torab Ali, Havildar Bashar, Naik Mokter and 8/10 BDR rebels took this accused and others at the bank of a pond situated behind the Darbar Hall.  Reaching there, this accused came to see a dead body of one army officer wearing black uniform. Thereafter, at the instruction of Naib Subedar Torab Ali and others they lifted the dead body on the truck.   

The Killing of an army officer near the coconut tree situated at the western side of the dining hall adjacent to cook house behind the soldiers line of 44 Rifle Battalion.

 It appears from the evidence of PW 68 MLSS Md. Razibul Islam that on 25.02.2009, when this witness was at the canteen at around 9:45 a.m to 10:00 a.m, he came to see Sepoy Hashibul Hasan of 44 Battalion who was pulling an officer by holding color of his uniform up to the canteen. At that time, Naik Shahajahan orchestra of that Battalion taking SMG came at that place, exchanged filthy languages coming to the officer and ordered the BDR rebels to kill the officer.  The aforesaid BDR rebels under the leadership of Naik Shahajahan caught and dragged the officer and tied his hands and legs to a coconut tree situated at the western side of the dining hall adjacent to cook house behind the soldiers line. Under the leadership of Shahjahan, the BDR rebels started beating the officer repeatedly. Shahjahan had a SMG with him while a long stick was also found at the hands of BDR rebels. After sometime, a big sound of firing was heard. After a while, he came to see a dead body of an army officer found lying therein. 

The killing of Major Shahnewaz, Major Saleh and one Subedar near gate No.5 of Pilkhana situated at the southern side of the Darbar Hall.

It appears from the evidence of PW 4 Colonel Shamsul Alam Chowdhury that on the date of occurrence on 25.02.2009, one Subedar who was supposed to be promoted as DAD on that day was coming crossing the road situated in front of JCO quarters and beside the southern side of the Darbar Hall. At that time, the said Subedar and two BDR rebels were locked in conflict. At one stage the aforesaid two BDR rebels shot him to death. The said Subedar fell in the ground receiving bullet injuries in a moment. After 5/7 minutes, the three BDR rebels dragged Major Shahnewaz towards gate No.5 of the Pilkhana. When Major Shahnewaz was being taken towards gate No.5 of the Darbar Hall raising his hands, a sound of firing was heard. After a while Major Saleh was also being taken towards gate No.5 by three BDR rebels and then a sound of firing was heard. In that way, one Subedar, Major Shahnewaz and Major Saleh were killed therein and their dead bodies were subsequently recovered from the mass graves.

The Killing of Mrs Naznin Shakil Shipu wife of DG BDR Shakil Ahmed, Lieutenant Colonel Delowar Hossain (Retd) friend of DG BDR, Mrs Delowar, maid servant Kolpana and Gardener Firoj Miah at DG Bungalow.

It is visible from the evidence of  PW 40 Havildar Md. Babul Miah that on 25.02.2009 he was the guard commander of DG Bungalow. On the date of occurrence he took charge from guard commander Havildar Rezaul. As many as 13 guards namely Naik Hasmat, Naik Sanaullah, Lance Naik Mostafa, Sepoy Arshad, Sepoy Zia, Sepoy Mobin, Sepoy Mostafa, Masum, Sumon, Zafar, Kamrul, Hafiz and Monju were also on duty with him. This witness appointed guards at the 3 posts of the DG Bungalow. At 8:00 a.m, the DG went out of the house through Government vehicle and at 8:50 a.m, DG went towards the Darbar Hall and at 9:30 a.m, this witness heard sound of firings from the Darbar Hall. He alerted the guards in that regard. He tried to make communication with Lieutenant Colonel Shams, Commanding Officer of 44 Rifle Battalion over telephone but failed. Subsequently Sepoy Selim Reza, Sepoy Obaidul, Sepoy Ibrahim, Sepoy Altaf, Sepoy Habib, Sepoy Shahin, Sepoy Mohsin, Havildar Jashim and 10/15 BDR rebels came at the DG Bungalow. This witness obstructed the BDR rebels from entering into DG Bungalow as a result of which Sepoy Selim Reza opened fire at him causing grievous injury in his left hip. Receiving injury he fell down on the ground. The BDR rebels entered the DG Bungalow opening fires through the ways. After sometime he heard shoutings and sound of firings from the inside of the Bungalow. Profuse blood came out from the injuries he received. Thereafter, he shouted for help. After a while, a pickup came at the DG Bungalow. Lance Naik Mostafa and Badrul picked him up on the

Habib and another BDR rebel. When they went to the 1st floor, a BDR rebel shot the maid servant from the front side and they also found there one male and one female person in civil dress. Then one of the BDR rebels opened fire on them. Each of this accused and Sepoy Atowar opened one round of fires and they instantly succumbed to the bullet injuries. Subsequently they came to hear that the deceased were of Colonel Delowar (retd) and his wife. Thereafter one of the BDR rebels injured the head of the wife of Colonel Delowar throwing TV on her head. When this accused and other BDR rebels came to the ground floor, they found dead body of DG madam in front of the door of cook house having multiple bleeding and wounding injuries in the different parts of her body. The incident of the aforesaid occurrence partly stands

supported by the confessions of Sepoy Md. Ershad Ali CS accused No.687 and Sepoy Md. Mohsin Ali CS accused No.386. Apart from the aforesaid evidence and materials, PW 536 Brigadier General Waker-Uz-Zaman in his evidence has stated that on 27.02.2009 at 10:30 a.m this witness as Second In Command (2IC) of 17 East Bengal Regiment along with his brigade commander and other army officers entered the Pilkhana. He went to DG bungalow, Darbar Hall and different quarters of the officers. Going at DG bungalow and Darbar Hall, he found many alamots and marks of killing therein. However, he recorded some alamots and marks of killing of DG bungalow in his personal mobile. Subsequently, he converted those scenario into CD. Subsequently, during trial of the case, this witness produced the CD before the court and the same was exhibited as exhibit No. CL XXXIV.  

The Killing of an army officer whose dead body was recovered from the left side of the entry gate of dairy farm

PW 535 Colonel Mohammad Abdul Alim Tafarder has stated in his evidence that on 25.02.2009 he was in charge of Commanding Officer of 17 East Bengal Regiment under 46 Independent Infantry brigade. On 27.02.2009 at around 10:30 a.m, this witness along with his Brigade Commander together with Major Waker, Major Imran, Major Arefen, Major Azad, Captain Saidul, Captain Azmi, Captain Adnan, Captain Reza, Lieutenant Mainul, Lieutenant Asif, Lieutenant Rashed along with 300 hundred officers and soldiers of different ranks and positions entered the Pilkhana premises through gate

No. 4. As follow-up teams, 4 East Bengal Regiment and 2 East Bengal Regiment also entered the Pilkhana. Thereafter, Major Kamrul of 2 East Bengal came to see a dead body of an army officer at the left side of the entry gate of the dairy farm. The dead body could not be identified by that time as the same was distorted one. 

The Killing of Colonel Mohammad Anisuz-Zaman at Darbar Hall area.

The incident of killing of Colonel Mohammad Anisuz-Zaman has been depicted in the confessional statement of Sepoy Md. Obaidul CS accused No. 48 who has stated in his confession that on 25.02.2009 this accused along with Sepoy Selim, Sepoy Habib, Sepoy Ibrahim, Sepoy Atowar, Sepoy Mintu and other BDR rebels entered the Darbar Hall. This accused and BDR rebel Atowar took one rifle and 10-round of bullets each. When they were proceeding towards the Darbar Hall Colonel Anisuzzaman came out of the Darbar Hall. At that time one of the rebels opened fire on Colonel Anisuzzamn as a result of which fell down on the ground. Subsequently, this accused and Sepoy Atowar opened fires on Colonel Anisuzzaman and as a result, Colonel Anisuzzaman succumbed to the bullet injuries.

The Killing of an Army officer whose dead body was recovered from the vehicle of DG BDR.

The evidence of PW 321 Mr. Mirza Azam MP suggest that on 26.02.2009 at 8:00 a.m, this witness and others went to Ambala Restaurant and talked with the BDR rebels over cell phone for resolving the crisis created by the BDR rebels. The BDR rebels spent time telling this and that. Being disappointed, this witness and others talked with the Hon'ble Prime Minister over cell phone at 1:30 p.m. Assessing all the situations, at 2:30 p.m the Hon'ble Prime Minister delivered a speech for the Nation and directed the BDR rebels to surrender immediately with a caution that if the BDR rebels failed to surrender within the time-frame, serious actions would be taken against the BDR rebels. Thereafter, the BDR rebels wanted to surrender. When BDR rebels wanted to surrender, this witness and others went to gate No. 5 of the BDR Headquarters. Thereafter, Hon'ble Home Minister, Finance Minister, Whip Mrs. Amili MP, Mr. Rashed Khan Menon MP, Mr. Hasanul Haque MP, Mrs. Chumki MP, Mrs. Sanjida MP and many others went inside the Pilkhana. Going thereat, this witness along with Mr. Menon MP, Home Minister and State Minister for Law, Justice and parliamentary Affairs riding on a pickup made miking in all the areas of the

Screening of dead bodies of the army officers and causing disappearance of evidence from the place of occurrence.

It appears from the evidence of PW 21 Major Syed Monirul Alam that on 25.02.2009, he was in the Darbar Hall. At one stage, the BDR rebels entered the Darbar Hall with arms and ammunitions and started killing the army officers as a result of which he took shelter in different places of the Darbar Hall and came to see many killings of army officers. This witness in order to save his life took shelter in the drain attached with the Darbar Hall and lay therein. During his stay at the drain, a pickup came in the afternoon. Thereafter, the BDR rebels picked up the dead bodies of army officers on the pickup and took them away from that place. In the night, when this witness was in the drain, some BDR rebels during their conversations said that still there were taints of blood and why the blood was not washed out yet. They ordered some BDR rebels to call NCE members and to wash out the blood from the place of occurrence. Subsequently, NCE members came to the place of occurrence beside the Darbar Hall and washed out the taints of blood. The water mixed blood also fell in his cheek. This witness stayed in the drain till 12:30 a.m on that day.   

From the confessional statement of MLSS Md. Saifuddin Miah CS accused No. 88, it appears that he was in service as MLSS in 36 Rifle Battalion. On 25.02.2009 he was on duty in his office room. In between 9:45 a.m to 9:50 a.m, this witness came to see CO Colonel Enayet, Sector Commander Mujib and Major Mokbul who were being brought towards the office of 36 Rifle Battalion encircling them by 30/35 BDR rebels. Remaining therein he heard sound of firings and saw some massacres committed by the BDR rebels. At one stage, when he went out of the office through the backside he came to see the bleeding and wounded dead bodies of Colonel Mujib and Lieutenant Colonel Enayet. At that time when he was thinking of his departure standing at one side of the veranda. At that time a dead body fell down from the upstairs. He came to see that the dead body was of Major Mokbul. By that time he shouted a lot. At around 11:00/11:30 a.m, this accused saw Havildar Yusuf who came there running from the east side taking SMG in his hands. During his stay at the barrack, he went to drink water and then he came to see Havildar Yusuf along with 4/5 BDR rebels wearing musk, who with the help of leaf of nut tree taking from the dustbin carried the dead bodies of Colonel Mojib, Lieutenant Colonel Enayet and Major Mokbul tying them and picked up the dead bodies

Havildar Md. Yusuf Ali CS accused No.75 in his confessional statement has stated that on 25.02.2009 at about 9:45 a.m, he took one SMG from the Kote of 36 Rifle Battalion and took 30 round of bullets in two Magazines containing 15 round of bullets each. He has categorically stated that he saw the BDR rebels to shoot Lieutenant Colonel Enayet at the 3th floor of 36 Rifle Battalion and this accused killed Colonel Mujibul Haque by opening two round of bullets on him. Thereafter, at the order of BHM Shahjalal, the quarter masters of all the companies kept the aforesaid two dead bodies at the water point attached to barber shop of 36 Rifle Battalion. Many BDR rebels were present there. At the order of EME Subedar (bearded), the aforesaid dead bodies were fallen in the manhole breaking its cover.  After that, Sepoy Alim Reza and MLSS Saifuddin killed Major Mokbul in front of the accused. The dead body of Major Mokbul was kept behind the

Naib Subedar Monoranjon Sarker CS accused No.169 in his confessional statement has stated that on 25.02.2009 at around 5:30 p.m Naib Subedar Torab Ali dropped this accused at the west side of the Darbar Hall by a pickup. Then he was taken inside the Darbar Hall by Naib Subedar Torab Ali. Then he came to see a dead body of DAD Masum in the north side of the stage of the Darbar Hall. Apart from this he came see 4/5 dead bodies therein. This witness saw 3-ton vehicle of BDR in west side of Darbar Hall. He found 25/30 dead bodies in line behind the vehicle. He also came to see two dead bodies in the east side of the bathroom. The BDR rebels were talking about taking the dead bodies at the MT garage. One of the BDR rebels ordered him to catch hold of cloth and then he caught hold of it. Other BDR rebels also caught hold of the cloth in another side. This accused and other BDR rebels caught hold of the cloth so that none could see the dead bodies from the outside. Then the BDR rebels lifted the dead bodies on the vehicle and took away the dead bodies therefrom.

From the confessional statement of  Naib Subedar Wali Ullah CS accused No.183, it appears that on 25.02.2009 at around 3:45 p.m, when he was in duty at ICU of BDR hospital, 3 unknown BDR rebels brought this accused along with Naib Subedar Torab Hossain, Naib Subedar Monoranjon Sarker with 12/15 BDR soldiers at the Darbar Hall by a 3-ton truck. Reaching there, he came to see 20 dead bodies lying outside in the west side of the Darbar Hall. Among the dead bodies, the dead body of DG of BDR was also there. Some unknown BDR rebels ordered this accused and Naib Subedar Torab Hossain to raise the screen up. Then the BDR rebels lifted the dead bodies on the 3-ton truck. Thereafter, this accused along with others carried the dead bodies to MT garage. Then, a pickup of the BDR rebels also came with the truck that carried the dead bodies. At that time this accused recognised Naib Subedar Malaker with arms in that vehicle. At around 6:00 p.m, one unknown BDR rebels told this accused and others to leave the place.      

From the confessional statement of  Havildar Md. Abul Basher CS accused No.178, it appears that on 25.02.2009 at around 3:30 p.m, this accused was at MI room of the BDR hospital. He received the telephone call made by Naib Subedar Medical Assistant Torab Ali who ordered this accused and 10 BTT soldiers to go to the Darbar Hall as quickly as possible. Then this accused went to the soldiers line of the hospital. Thereafter, at the order of Naib Subedar Torab Ali, this accused along with (1) Sepoy Razib Miah (2) Sepoy Rejaul (3) Sepoy Md. Shahadat (4) Sepoy Robiul Alam (5) Sepoy Shahjalal (6) Sepoy Thai Yong Marma and (7) Sepoy Sohel Rana wearing uniform went to the Darbar Hall at 4:45 p.m and reported to Naib Subedar Torab Ali.  Going to the Darbar Hall, he came to see everything broken, profuse blood scattered in different places inside the Darbar Hall and 4/5 dead bodies lying on the floor. Among the dead bodies, the dead body of commandant Colonel Moshiur Rahman of this accused was also there. He could not identify the dead bodies of other officers. Naib Subedar Torab Ali ordered him to lift the dead bodies on the truck

From the confessional statement of  Naib Subedar Torab Hossain CS accused No.181, it is evident that on 25.02.2009, he was present in the Darbar Hall. When chaos and disorder were started in the Darbar Hall, he came to BDR hospital. Then he went to ICU-2 of the BDR hospital. From there, he went to operation theatre (OT). During his standing at the OT, Colonel Yasmin Akhter, Major Rukhsana, Major Farzana and one male doctor entered the OT getting down from the lift. While this accused was getting down from the upstairs and he was going towards the MI room, Sepoy Alauddin aiming arms at him scolded him and compelled him to sit on the pickup. Havildar Humayun was with the pickup. Havildar Humayun then uttered that they needed more people. Sepoy Alauddin then caught and brought Naib Subedar Monoranjon there.  Then this accused and other BDR rebels were taken to gate No.5 of the Darbar Hall and in the middle place of the Darbar Hall and directed to lift the dead bodies on the vehicle. He came to see a 3-ton truck there. At that time, Naib Subedar medical assistant Waliur Rahman came to that place.  Havildar Humayun brought some BDR rebels being armed with weapons and directed them to lift the dead bodies. Sepoy Alauddin took this accused to get no 5 to make a telephone call, when this accused made a telephone call to MI room, Havildar Hashem Sarwar received the phone and then this accused directed him to

From the confessional statement of Naik Mokter Hossian CS accused No.179, it is apparent that on 25.02.2009, while he was at the MI room of BDR hospital, at around 3:00 p.m Naib Subedar Medical Assistant Torab Ali over telephone ordered this accused to send 10 Basic Trade Training (BTT) soldiers with Havildar medical assistant Bashar to the Darbar Hall right that time. This accused was also instructed to go there. Then this accused told him that there were no staffs in the MI room. Naib Subedar Torab Ali then told him to come there as there were no necessity of people in the MI room. At that time this accused started looking for Havildar Bashar and came to hear that Havildar Bashar went to the Darbar Hall taking the soldiers. Then he again returned to MI room. At around 3:30 p.m Naib Subedar Torab Ali directed this accused to go to the Darbar Hall by a phone call which was received by Naik Habib. Following that order, this accused went to the Darbar Hall. Going thereat, he came to see a 3-ton truck of the BDR in the south side of the Darbar Hall. He found 6/7 dead bodies on the truck. This accused also found 4/5 dead bodies lying on the ground. Looking at the dead body lying on the ground, one dead body appeared to him like the dead body of Doctor Lutfor Rahman. Then this accused started looking for Naib Subedar Torab. This accused found Naib Subedar Torab in the north side of the Darbar

Hall. At that time, Naib Subedar Torab along with Havildar Bashar and other BDR rebels was looking for the dead bodies. Looking at this accused Naib Subedar Torab ordered him to stay there.  Thereafter, Naib Subedar Torab taking other BDR rebels went to 3- ton truck. They lifted the dead bodies on the truck by the BTT rebels. After lifting the dead bodies on the truck, this accused and other BDR rebels under the leadership of Naib Subedar Torab Ali went near the water pump situated in the north side of the Darbar Hall, recovered 3 dead bodies from the inside of the water pump and lifted the dead bodies on another pickup van. Another dead body was there in the pickup. An ambulance came with the pickup van and Naib Subedar Medical Assistant Waliullah and others were there sitting inside the ambulance. Under the leadership of Naib Subedar

Medical Assistant Waliullah 3 dead bodies were taken to the east side. Then under the leadership of Naib Subedar Torab Ali, this accused and others started towards the hospital. On the way, Naib Subedar Torab Ali spoke that he had come doing practice of disposal of dead bodies. Then this accused came to the hospital. The aforesaid event of screening off the dead bodies has also been supported and corroborated by the confessional statements of  Sepoy Shahadat Hossian CS accused No.191,  Sepoy Thai Yang Marma CS accused No. 197, Sepoy Razib Mia CS accused No.195, Sepoy Md. Rabiul Alam CS accused No.193 (BTT Soldier), Sepoy Md. Rezaul Islam CS accused No.194 and Sepoy Shahjalal Sikder CS accused No.190.

From the confessional statement of  Havildar Driver Billal Hossain CS accused No.162, it is noticeable that this accused was a member of 15 Rifle Battalion and he was attached with Sadar Rifle Battalion as driver at the time of occurrence.  This accused would drive 3-ton truck No.1470 of the BDR. On 25.02.2009 at around 1:45 p.m, Naik Abdul Latif of MT control room ordered this accused to go to the Darbar Hall with a vehicle as quickly as possible. Thereafter this accused went to the Darbar Hall along the road beside the swimming pool taking a truck being No. Dhaka Metro-N-1470. He took stand in right side of the Darbar Hall crossing the vehicle of DG BDR. At that time, Naik Subedar Monoronjon giving signal by hand directed this accused to go to the gate of the west side of the Darbar Hall. Then he came to see Naib Subedar Wali wearing uniform standing beside Naib Subedar Monoranjon. At the order of Naib Subedar Monoranjon, he