Abdul Majed -- the convicted killer of Bangabandhu Sheikh Mujibur Rahman and most of his family members -- who was arrested today, can now file a petition with the Appellate Division of the Supreme Court through jail authorities seeking exemption from the Bangabandhu murder case.
In the petition, Majed may deny his involvement in killing Bangabandhu and say that he did not know anything about him being convicted and sentenced to death by any court in this case, Barrister Abdullah-Al-Mamun, a defence lawyer of Bangabandhu assassination case, told The Daily Star.
"Abdul Majed must mention logical reasons in the petition in support of his prayers. The Appellate Division of the Supreme Court may accept his petition and allow Majed to file a leave to appeal petition with this court against the High Court verdict that had confirmed his death penalty along with other convicts in the case. Majed can then file the leave to appeal petition explaining the long delay in doing so after the High Court verdict," he said.
Barrister Mamun, who fought the legal battle for AKM Mohiuddin and Bazlul Huda, who were executed after being convicted in the Bangabandhu murder case, said if the apex court dismisses the jail petition of Majed, he cannot move the leave to appeal petition challenging the High Court verdict on him and then the authorities concerned of the government can execute him.
"If the apex court allows Abdul Majed to move a leave to appeal petition, the process for executing him will be halted. Then Majed will move a leave to appeal petition before the same court. If the Supreme Court dismisses the leave to appeal petition, the authorities can execute him," the lawyer said.
He said Majed can move a regular appeal before the Appellate Division against the High Court verdict on him if this court grants his leave to appeal petition.
If the Appellate Division grants his appeal he will be acquitted and released from jail, Barrister Mamun added.
The defence lawyer also said Majed or his family has not communicated with him yet.
Contacted, Attorney General Mahbubey Alam refused to make any comment about the legal procedure over executing the SC verdict that upheld the High Court judgement confirming the death sentences of 12 killers of Bangabandhu Sheikh Mujibur Rahman and most of his family members.