Top JMB leaders seek president's 'mercy'
Abdur Rahman questions his authority to offer mercy in Islamic law
Julfikar Ali Manik
Five of the seven condemned top Islamist militants, including banned Jama'atul Mujahideen Bangladesh (JMB) chief Abdur Rahman, begged the president for their lives yesterday by submitting mercy petitions to the jail authorities with one of them expected to do so today and another absconding.The four others who submitted mercy petitions are JMB Majlish-e-Shura (highest policy making body) members Ataur Rahman Sunny, Abdul Awal and Khaled Saifullah, and suicide bomber Iftekhar al Mamun. Major Shamsul Haider Siddiqui, deputy inspector general (Prisons), told The Daily Star last night, "We have received five of the mercy petitions, and Siddiqul Islam alias Bangla Bhai said he would submit it tomorrow (today)." Prison sources said, Abdur Rahman, who is imprisoned in Kashimpur Jail, handed over a three-page hand-written mercy petition to the jail authorities, which would later be sent to the president. The petition mostly comprise lengthy quotes from the Quran and the Hadith. While handing over his mercy petition, Abdur Rahman told jail officials that in Islamic law, the president does not have the jurisdiction to show mercy, so he (Rahman) does not want the president's mercy. In the petition, Rahman said he invited the president to join the path of Islam. Asked if they had considered it as a mercy petition, Haider said, "Whether they plead for mercy or not, whatever they write would be considered as mercy petition." The jail authorities will send the mercy petitions to the home ministry today and the ministry will then pass it on to the president. The mercy petition of Bangla Bhai, if received today, would be sent to the home ministry tomorrow. Prison sources said when the jail authorities visited Bangla Bhai at Kashimpur jail yesterday, he told them that he is writing a letter with lengthy quotes from Islamic scriptures and he would hand it over today. "When all the mercy petitions reach the president, we (jail authorities) would wait for his decision," said the DIG (Prisons). According to relevant laws, the jail authorities mention scheduled date of execution on a mercy petition when it is sent to the president. In this case, the jail authorities will give the dates on the petitions today. According to the jail code, the jail authorities are supposed to fix the date for execution within 21 to 28 days after getting the Supreme Court (SC) order rejecting a convict's appeal. Sources said they usually fix the date on the 27th day after receiving the SC rejection order. Accordingly, the date of executions of these convicts would be February 17. Whatever dates the jail authorities fix for executing the condemned militants, they will have to wait until the president's decision regarding their mercy petitions, Inspector General (Prisons) Brig Gen Zakir Hasan told The Daily Star last night. The constitution empowers the president to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court. If the president turns down the mercy petitions in this case, the jail authorities will again fix the date for execution and that will be within 21 to 28 days from the date of receipt of copy of his decision. Senior assistant judges, Jagannath Pandey and Sohel Ahmed, were killed in a suicide bomb attack at Purba Chadkati in Jhalakathi town on November 14 in 2005 in the wake of a series of bombings by the militants across the country. Additional District and Sessions Judge of Jhalakathi Reza Tarik Ahmed sentenced seven persons, including still absconding Asadul Islam alias Arif, to death by hanging, and acquitted one on May 29 last year. The High Court (HC) on August 31 upheld the trial court's judgement. Although the convicts repeatedly said after the trial court verdict that they do not accept any verdict by any worldly court and would not appeal against the verdict, they eventually made a U-turn after the HC verdict had upheld the death sentences. After the HC judgement, Abdur Rahman and Bangla Bhai sent letters to the SC registrar, trying to justify killing of people for establishing Islamic rule, including the killing of the two judges. All judges, who hold trials under Taguti (non-Islamic) laws neglecting Shariah, deserve death, the letters said. Although the two top condemned militants, in their letters, did not seek leave to appeal against the death penalty, the SC registrar ordered a stay of their executions considering their letters as prayers for appeal. The four other convicts had also submitted petitions, seeking leave to appeal against the HC verdict through the jail authorities. The SC however rejected their appeal in November 28 last year. Suicide bomber Mamun seemed visibly distressed when handing over his mercy petition to the authorities at Kashimpur Jail, sources said. Mamun admitted that he had made a mistake, he regrets his acts and he begged for clemency, they mentioned. Both Sunny and Awal handed over their mercy petitions at Dhaka Central Jail last night, while Khaled Saifullah handed over his petition to the authorities on Thursday at Rangpur jail.
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