HC asks why it won’t order forming commission to reinvestigate Pilkhana carnage

The High Court has issued a ruling asking the government to explain why it would not order forming a commission for re-investigating the tragic deaths of army officers during the 2009 BDR mutiny at Pilkhana, the headquarters of the former Bangladesh Rifles. 

This ruling was issued by the bench of Justice Farah Mahbub and Justice Debashish Roy Chowdhury following a preliminary hearing of a writ petition on Tuesday (November 5).

The writ, filed by Supreme Court lawyer Advocate Tanvir Ahmed, calls for a deeper probe into the events of February 25-26, 2009, which led to the deaths of 74 individuals, including 57 army officers, at the BDR headquarters. 

Advocate Ahmed argued that the public deserves to know the full truth behind the killings, as prior investigations have left questions unanswered.

According to the petition, when the interim government assumed office, an adviser from the Ministry of Home Affairs had proposed a re-investigation into the mutiny. However, no action has followed, prompting the filing of the writ petition. 

The petition also quotes Brigadier General Hasan Nasir, a former member of the National Commission of Inquiry, who has claimed that the government's initial investigation was inadequate and only "on paper." Nasir said he was dismissed from the military after challenging these findings and has accused the former army chief, General Moeen U Ahmed, of shifting blame to avoid responsibility.

Previously, a separate writ petition requested the establishment of a judicial commission to investigate the mutiny and sought for February 25 to be declared Soldier Martyr’s Day in remembrance of the officers who died. Additionally, compensation claims of Tk 5 crore for the families of those killed and Tk 2 crore for the injured were included in that petition.

The latest petition names the Home Secretary, the Cabinet Secretary, the Law Secretary, the Inspector General of Police, and the Director General of the Rapid Action Battalion (RAB) as respondents.

On October 20, Supreme Court lawyers, including Advocate Tanvir Ahmed, filed this petition in the High Court. 

This follows a legal notice sent by Barrister Solaiman Tushar and nine other Supreme Court lawyers on September 11, demanding a re-investigation into the mutiny and compensation for the affected families. The notice argued that the investigation had been insufficient and did not bring the true perpetrators to justice, while some innocents were punished. 

The former Army Chief General Moeen U Ahmed has also recently said that the public remains unaware of the full facts behind the Pilkhana killings.

The notice further claims that the authorities had a constitutional duty under Article 32 to protect the lives of the army officers and failed in their responsibility, thus necessitating the formation of a judicial commission to uncover the truth. 

Barrister Solaiman Tushar described the BDR mutiny as a profoundly painful event, stressing that the original investigation fell short of justice and calling for the main culprits to be held accountable. 

After no action was taken following the legal notice, the petitioners proceeded to file the writ in the High Court.