While making his argument before an 11-member full court of the Appellate Division of the Supreme Court as amicus curiae over the President's reference, Khan said since the government has a brute majority in parliament, it is very easy to amend the BDR Act as required for trying the offenders involved in the BDR massacre.
Declining to recognize the mutiny-ridden Bangladesh Rifles (BDR) as a disciplined force like the armed forces, he vehemently opposed the envisaged trial of the rebel border guards under the Army Act 1952 or its section 5 through issuing a gazette notification.
TH Khan, a top leader of the pro-BNP lawyers now in the opposition camp, told the apex court that the main objective of sending the presidential reference by the government is to put on trial the BDR mutineers under the Army Act-an option which is implied in the contextual undertone.