The SC registrar accepted the letters of the two militant leaders as appeals through the jail authority in which the militants once again said it is justified to kill people for establishing Islamic rules and that the judges, who held trial under Taguti (non-Islamic) laws neglecting the Shariah, themselves deserve death.

Following the SC registrar's decision, it is now certain that four of the seven JMB militants given death penalty for murdering two judges in Jhalakathi cannot be executed during the tenure of the BNP-led four-party coalition government.

In his letter, Abdur Rahman spoke for armed Jihad to establish the rule of Allah and spread venom against democracy.

Signed by Rahman and Siddiqul Islam Bangla Bhai on Friday, the two letters separately forwarded by the jail authorities reached the SC registrar around 1:00pm yesterday.

SC Registrar Fazlul Karim later sent separate letters to the home ministry, jail and other authorities concerned asking to postpone the execution of the death penalty on Rahman and Bangla Bhai until further orders.

Asked why he considered the letters as appeal when none of the two JMB men asked for so, the SC registrar told The Daily Star, "Since the letters came through the jail authorities who attached their forwarding to the letters, we have accepted those as jail appeal."

He said he passed administrative orders on the authorities concerned, as he had done earlier after condemned JMB Majlish-e-Shura member Khaled Saifullah and suicide bomber Iftekhar al Mamun submitted jail appeal against death penalty, for staying the execution.

Meanwhile, Additional Attorney General Abdur Rezzak Khan described the letters as jail petition and said the SC will decide whether to consider them as appeals against the verdict or not.

Of the seven condemned JMB men, only Majlish-e-Shura members Ataur Rahman Sunny and Abdul Awal are yet to submit any petition for appeal. The stipulated seven-day time for submitting such petition has already expired since they were read out the warrant for execution last Friday.

One of the seven JMB men has been absconding.

Inspector General of Prisons Brigadier General Zakir Hasan said yesterday they will now fix the date for execution of the condemned who have not yet sought to appeal against the verdict. "We will inform them about it later," he told The Daily Star.

Asked about the possible date of execution, he said, "Since there is a government circular for avoiding execution during the Ramadan, the execution will take place after the Ramadan."

Sunny and Awal still have the opportunity to seek to appeal against their execution, Zakir said. "They can submit an appeal in written within the noon on the day of execution. We will send it to the court immediately once we receive any such appeal."

CONTENT OF THE LETTERS
Referring to verses in the Quran and Hadith and the Islamic history, Abdur Rahman and Bangla Bhai said in their letters that they were out with a mission for Jihad to establish Islamic rule in the country.

"It is obligatory to hold an armed Jihad to establish Islamic rule in the territory of Muslims where it is absent," Rahman said in his seven-page handwritten letter, adding that those who are teaching Muslims about democracy instead of Jihad are oblivious that they are rather strengthening the kafirs (infidels).

"Some say that it is not justified to kill Muslims for establishing Islamic rule. They make up such notion to keep the Muslims away from the rule of Allah," he said, adding, "Those who seek justice from others without following the examples of the prophet [Hazrat Mohammad (SM)] deserve no less punishment than killing."

Nowhere in his letter Rahman sought any relief from the death penalty or opportunity to appeal against it.

Despising the court that held his trial as "Taguti", Bangla Bhai in his letter reaffirmed that he will not submit any appeal to any such court for exemption from execution.

"I would seek justice if an Islamic Shariah board is formed to hold the hearing of the case," Bangla Bhai said in the six-page letter.

He asked the SC to allow him to appear before it and place his "logic to uncover a group of conspirator".

Blaming the judges for handing them death penalty "through a farcical trial on the basis of British laws and false witnesses", he said, "I think you [judges] have shown the proof of your disloyalty to Allah. You should be given the death penalty.

"According to Islamic rules, you are guilty of a crime by being judges of the Taguti laws and deserve death."

In the wake of a series of violent militant attacks across the country, senior assistant judges Jagannath Pandey and Sohel Ahmed were killed in a suicide bomb attack at Purba Chadkati in Jhalakathi town on November 14 last year.

Additional District and Sessions Judge of Jhalakathi Reza Tarik Ahmed on May 29 ordered for hanging Rahman, Bangla Bhai, Sunny, Awal, Khaled Saifullah, Mamun and Asadul Islam alias Arif until death.

The High Court confirmed the death sentences on August 31.

As the militants earlier said they will not appeal to any "worldly court" against the penalty, the government hurried to complete the hearing at the death reference bench hoping to execute the verdict before handing over power.

But following the SC registrar's letters staying the executions of Rahman, Bangla Bhai, Saifullah and Mamun, the four cannot be executed during the ruling government's tenure as it will now take more time before the matter is disposed off at the Supreme Court.