Ex-IGP Mamun Secures Pardon for Being "State Witness"

In a dramatic turn of events, Chowdhury Abdullah Al-Mamun, the former Inspector General of Police (IGP) indicted for crimes against humanity committed during the 2024 mass uprising, has become a state witness (Rajsakkhi), apparently to secure a pardon and avoid the death penalty.

Standing in the dock at the International Crimes Tribunal (ICT) on Thursday, he pleaded guilty over in the July massacre and told the court that he wishes to testify against ousted Prime Minister Sheikh Hasina and others. He wants to reveal all the secrets related to the events of pivotal mass upsurge.

Although Mamun has created a stir by becoming an approver, there have been instances in the country in the past, despite being rare. However, this is the first instance of becoming an approver against a former PM in a high-profile case.

The last known case of this kind was Nure Alam, who testified against Khulna's notorious serial killer Ershad Sikder. After becoming an approver, the bodyguard of Ershad Sikder recounted all of crimes of his boss in the court.

Nure Alam was ultimately acquitted as an approver in the murder case of businessman Abdul Aziz. He was released in 2020 after serving 22 years in prison.

Like Nur Alam, ex-IGP Mamun may also be acquitted or his sentence may be reduced because a criminal who admits responsibility for the crimes, reveals the complete truth about the crime to the court, and also gives details of the crimes of other criminals, can be pardoned by the court.

According to the law, the person who is made approver is given strict conditions. The person has to promise to reveal everything he knows about the crime. However, the approver will be detained until the termination of the trial.

The Code of Criminal Procedure (CrPC), the Penal Code, the Evidence Act and the International Crimes (Tribunals) Act, 1973 allow approver.

Sections 337, 338 and 339 of the CrPC state about approver, conditions and pardoning. On the other hand, the provisions regarding pardon of the 'approver' are stated in Section 15 of the ICT law.

Section 337 of the CrPC says about pardon to an accomplice, Section 338 says that the court can pardon at any time before the judgement is delivered, while Section 339 says about action for giving false evidence by an approver.

Section 15 (1) of the ICT Act states, "At any stage of the trial, a Tribunal may to obtain the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any of the crimes specified in section 3, tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the crime and to every other person concerned, whether as principal or abettor, in the commission thereof."

Section 15 (3) of the law says that the approver will be in custody until the termination of the trial.

The tribunal will now take testimony of Mamun in the open court as a state witness. He can be exempted from this case. "It is up to the tribunal to try and sentence him or to acquit him based on his testimony," said Advocate Mohammad Shishir Manir, a lawyer of the Supreme Court.

In this regard, ICT Chief Prosecutor Advocate Muhammad Tajul Islam said the tribunal will decide whether to pardon the former IGP or not. “If the truth and completeness of the incident emerge through his statement as an approver, then the tribunal may pardon him or give him any other sentence. This is entirely the jurisdiction of the tribunal.”

The trial in the case where Mamun is a co-accused with Hasina is proceeding at a rapid pace in the ICT-1, with a verdict anticipated by the end of next month.

Legal analysts and ICT insiders said the tribunal may give the death penalty to the accused as the prosecution has strong evidence to prove the charges.

As per the ICT law, if the charges are proved, Hasina and her Home Minister Asaduzzaman Kamal could face the death penalty, while the tribunal may issue a different decision for Mamun. As the ousted PM and Kamal fled to India, the trial is happening in absentia, but Mamun is in jail.

An ICT prosecutor said the ex-IGP has understood that they will be sentenced to death. In this situation, he has no choice but to become a state witness. To avoid capital punishment, he has opted to become a prosecution witness. It has been good for him and the prosecution. A lot of evidence will come out in other cases filed in the tribunal, which will help speed up the trial of the July massacres.