Painful Fifteenth of August

 I'm sitting with all of me 

hoping for destruction.' 

Rabindranath Tagore 

On this significant 15th of August, National Mourning Day, I am reminded of a poem by the notable Bengali poet Rabindranath Thakur, popularly known as Kabi Guru written a century ago. The moving words of the poet resonate: "Seven crores of Bengalis, O Mother of Bengal, made them Bengalis, not human beings." The father of Bangladesh nation Bangabandhu referred to this line in his 1972 speech at a large public gathering in Racecourse Maidan after his release from a Pakistani prison. He proclaimed, "Kabi Guru's statement has been proven wrong today; my Bengalis have become human today." This day, marked by Bangabandhu's ultimate sacrifice, showed that Kabi Guru Rabindranath's assertion was valid. 

Today, I am grappling with a profound sense of shame, heartache, and disbelief. It pains me to acknowledge my connection to Bangladesh, as we appear to be repeating past mistakes without learning from them. Just as a great leader misjudged the true essence of our nation half a century ago, today, his daughter has made a similar error, leading the Bengali nation astray. We must learn from history to avoid such missteps in the future. 

I prefer not to delve into the affairs of the previous government. They will be held accountable for their actions, and if they are found to be wrong, they will face the consequences. What troubles me today is disparaging Bangabandhu, which reflects our utmost malice. The individual who once held a green Bangladeshi passport and later obtained a blue one in the United States may have overlooked that the existence of the green passport is indebted to Bangabandhu. The young man perched atop the Bangabandhu statue, displaying his courage, might have been a second-grade student in a school in Pakistan if it weren't for the influence of that remarkable individual. Rather than protesting quotas, he would advocate for them, specifically for the rights of East Pakistanis. It's important to note that Dhanmondi number 32 is not merely private property but a valuable national asset. Even the Pakistani beasts kept that house intact; we Bangladeshis destroyed it. Where is this shame? Bangabandhu is not the leader of a single party; he is the leader of the entire nation. 

Is it fair to hold Bangabandhu responsible for the shortcomings of Sheikh Hasina's current government? Would it be akin to blaming Prophet Mohammad for the actions of Muslims? Throughout Bangladesh's history, every change in leadership has ushered in a new era of oppression. When critics point fingers at Sheikh Hasina for violence, they tend to overlook the 21st of August grenade attack.

The former home affairs advisor of the current interim Bangladesh government Brigadier General (Retired) M. Sakhawat Hossain recently talked about the firearm used in the recent violent outburst in the cities in Bangladesh. Brigadier Hossain said, “Those arms used were not issued by any law enforcement agency in Bangladesh”. Following this disclosure, the advisor was rapidly transferred from the Home Ministry to the Jute and Textile Ministry. While the movement aimed to address discrimination and autocracy, there were rumors of dissent being suppressed. Why were individuals prevented from visiting 32 Dhanmondi on 15th August? Without any doubt this restriction appears to align with autocratic tendencies. 

Even the right-wing Hindu nationalist parties of India, such as the BJP or RSS, are careful not to show disrespect towards Mahatma Gandhi. They recognize Gandhi not only as the leader of Congress but also as a leader of all of India. I have spent several days in various Middle Eastern countries out of necessity. In each country, large portraits of the monarchs are prominently displayed outside government buildings and public areas. This careful display of respect shows that the religious sentiments of others are not disrespected as much as our own. 

However, a custody Hefazat-e-Islami leader involved in the women's scandal seized the opportunity and started giving venomous speeches against Qadiani after being released from jail—what a strange country and even more strange religious leaders! Not only this incident, I hear some Bangladeshi religious zealots began to say, " “Shia" or "Kharazi" are not Muslims.” They claim to declare them as non-Muslims and prevent them from reading the Holy Qur'an. On the other hand, Shias will say that Sunnis are not Muslims. It is said that Bangladesh is a country of 90% Muslims. The question may arise out of these 90%, are those Shias, Ahmadis, or Kharejis included? As long as there are Hindus, we are Muslims, irrespective of being Sunni, Wahhabi, Salafi, Hanafi, Qadiani, Ahle Hadith, Mazari, Qaumi, Fultali, Furfuri, Atarshi, Maizbhandari. Ironically in reality they all regard each other as infidels.

Remember Afghanistan? In the 1970s, the country was known as an emerging nation. From Syed Mujtaba Ali's travel book to Afghanistan, we know about secular Afghanistan from the information of various historians. Afghanistan is a real example of how a progressive nation can be destroyed in the name of religion, and a country called Pakistan has long been bankrupt. I can see Bangladesh is moving towards that path at the fastest time. A famous thinker has said, "It was said that religion will protect people; from the day people started protecting religion, chaos started." 

"If you want to destroy a country, make the people of the country fight in the name of religion; the country will be destroyed automatically." 
_____________

Tarek Mahboob, Contributor

 

Bangabandhu trial lingers on and on

Dhaka, Aug 14 (bdnews24.com) – The Supreme Court is not sitting anytime soon to hear the appeal against the death verdict in the Bangabandhu Sheikh Mujibur Rahman murder case trial as it is hamstrung by a lack of judges.

It has been a year since the highest court of the country accepted petitions by the five death convicts for a review of the High Court verdict.

The trial court handed down ruling in the case in 1998 and the High Court gave its verdict in 2001.

The trial hit snags as three of the five judges who sit on the Appellate Division of the Supreme Court are unable to hear the appeals for varied reasons, which means another judge is needed to start the hearing.

The appeals hearing can start only with the appointment of a new judge, either on a permanent or ad-hoc basis.

Independence leader Sheikh Mujibur Rahman was killed with much of his family by some disgruntled military officers on August 15, 1975 and the case was filed 21 years after the assassination that shook the nation to the core and changed the political landscape forever.

Proceedings in the trial court were tediously protracted because of different reasons including sickness of judges and the trial being challenged in the High Court. And then the hearing of appeals in the High Court was delayed as several judges felt embarrassed in the High Court.

Six judges of the High Court Division and the Appellate Division felt embarrassed to hear the case.

A three-strong bench was formed on August 2 last year to hear the petition by the convicts to file an appeal against the High Court verdict. The bench made of Justice Tafazzal Islam, Justice Zainal Abedin and Justice Md Hasan Amin started hearing on Aug 7 last year.

After hearing for 25 workdays the Appellate Division on September 23 last year agreed to hear a regular appeal by the five death convicts. It ordered the defence to prepare a paper book by October 30 that year and submit it, which they did. Since then a good year has gone by without the hearing resuming.

The trial of Bangabandhu murder case will not come full circle until the court disposes of the appeal,

Special counsel of the prosecution in the case, advocate Anisul Haq, explained the delay to bdnews24.com a day before the state officially mourns after a six-year break.

There had been a lot of progress in the appeals hearing since 2007. Unfortunately, he said, there are not sufficient judges now in the Appellate Division to hear the appeal.

There are five judges in the Appellate Division and at least three judges are required for hearing the appeal. But the incumbent chief justice, MM Ruhul Amin, and Justice MA Matin had felt embarrassed to hear the case during their stint as High Court judges.

The other judge, Mohammad Fazlul Karim, had given the verdict in the case as the third High Court judge. It means these three judges have to be counted out from the appeals hearing .

Only Justice Tafazzal Islam and Justice Zainal Abedin can hear the appeal given the current composition of the highest appeals court, Haq added.

"We hope the two vacant posts in the Appellate Division will be filled out soon. Once the Appellate Division gets the necessary number of judges we'll appeal to it to hear the appeal."

Convict Sultan Shahriar Rashid Khan's counsel Abdur Rezzak Khan told bdnews24.com, "The hearing on the appeal of the case can be held by ad-hoc appointment of judges."

"Important legal questions are involved with this case. So a bigger bench with a greater number of judges should hear the appeal."

Convict major (retd) Bazlul Huda and major (retd) AKM Mohiuddin Ahmed's counsel barrister Abdullah Al Mamun said, "Bangabandhu murder case trial should end. The hearing on the appeal can start with the intervention of the chief justice."

After the murder of Sheikh Mujib, as he is generally called, no-one was allowed to file a case. The government of Khandker Mustaque Ahmed that was installed after the military putsch passed an ordinance in November that year indemnifying the perpetrators and closing the door on the possibility of a trial.

The Awami League government revoked the indemnity ordinance in 1996 and cleared the way for that trial.

After 21 years of the killing, the then president Sheikh Mujib's personal assistant Muhitul Islam on October 2, 1996 filed a case with Dhanmondi Police Station against 20 persons.

On November 8, 1998 Dhaka sessions judge Golam Rasul awarded death sentence to 15 of the 20 accused persons. Four jailed accused major (retd) Bazlul Huda, lt col (sacked) Syed Faruk Rahman, lt col (retd) Sultan Shahriar Rashid Khan and lt col (red) Mohiuddin Ahmed appealed in the High Court against the trial court verdict.

On December 14, 2000 the High Court gave a split verdict in the case: Justice Md Ruhul Amin upheld death sentence of 10 accused but Justice ABM Khairul Haque upheld death sentence of 15 accused.

On April 30, 2001 Justice Mohammad Fazlul Karim of the High Court's third bench upheld death sentence of 12 accused persons and acquitted three.

Of the 12 death convicts, four jailed accused submitted leave to appeal in the Appellate Division in the same year.

Another death convict, lancer AKM Mohiuddin, made an appeal from jail after he was deported from the United States on June 18 last year.

Of those having received death sentence, Rashid, lt col Shariful Haq Dalim, lt col Noor, Risalder Moslemuddin, lt col Rashed Chowdhury and col Majed are absconding.

Absconding accused Aziz Pasha died in Zimbabwe.

The sinister darkness in which Sheikh Mujib died

The sinister darkness in which Sheikh Mujib died
A.L. Khatib
Source: Daily Star
August 15, 2008

AUGUST 1975 was a transitional time in Bangladesh. Mujib was making radical administrative changes and adopting measures that would have a tremendous social impact. There was only one political party in the country now -- the Bangladesh Krishak Sramik Awami League (BAKSAL). BAKSAL on which all sections of the people, including the armed forces and the police, were represented, would be an integral part of the administration. The importance of bureaucrats would diminish, when the governors-designate of the districts took up their new offices on 1 September 1975. The army was to be split and made to join in productive work at the district level. It was a revolutionary step.

The evening of August 14, 1975 did not seem different from any other evening in August.

Dhaka University was preparing to welcome Mujib the next day.

Mujib was arrested in March 1948, when he was a law student, for leading a black-flag demonstration against Jinnah on the highly emotional issue of making Bengali one of the two State languages.

Mujib was arrested again next year for leading a strike of lower grade university employees. When he was released, he found that he had in the meantime been rusticated from the university.

He would be visiting the university the next day as the Chancellor.

Following the exploding of a hand grenade on the university campus, security arrangements for Mujib's visit to the university were tightened. Bomb blasts and grenade explosions had, ever since the Pakistani army's crackdown on Bengalis on the night of March 25/26 , 1971, become almost a part of life in Dacca and did not disturb one's sleep. But there were rumours

Mujib returned home from Gano Bhaban around 8.30 pm. Russell, Mujib's ten-year-old son, was all excitement. He was one of the six boys chosen by the Principal of the University Laboratory School to welcome Mujib when he visited the university the next morning.

Kader Siddiqui, better known as Tiger (Baga) Siddiqui for his exploits in the Liberation War, was one of the governors-designate. When he was going to the Post Graduate Hospital in Dhaka to see his ailing mother on the evening of August 14, he saw a tank near Karwan Bazar. There was another tank near the hospital, which is almost opposite the Radio Station.

After seeing his mother, Kader drove down to Motijheel. Yet another tank; three tanks within a radius of one kilometre. He turned back. There was still another tank near the Engineer's Institute, hardly two hundred metres from the hospital. It was a little past 11 pm.

Kader Siddiqui drove on to the Rakkhi Bahini camp near Gano Bhaban in Sher-e-Bangla Nagar. Anwarul Alam Shahid, Deputy Director of the Rakkhi Bahini, told Kader Siddiqui that the Bengal Lancers had been authorised to take out three tanks. But why were there four tanks? Shahid said, "You may have seen one tank twice." Could be. Shahid was a former student leader and had fought in the liberation war. There was no reason to doubt what he said.

Tank manoeuvres were a Thursday-night routine and twice a month the Bengal Lancers and the Second Field Artillery held combined exercise.

It was late by the time Kader Siddiqui returned home. He asked his sister not to wake him up in the morning. He had been leaving home early for many days now, but the training program for governors-designate would end tomorrow with a lunch meeting at which all the ministers would be present. He could take it easy.

Brigadier Jamil, the President's Security Chief, spent a restless night. His wife was ill, and he had to escort the president to the university in the morning. It was not a new duty for him, but he was very uneasy. He had been appointed Director of the Field Intelligence Unit, but handing over charge of the Unit to him had somehow not been completed still. Jamil's wife asked him to go to sleep. "I can't sleep," he said.

Khandaker Moshtaque Ahmed too spent a sleepless night. There were a number of visitors to 54 Agha Mashi Lane, Moshtaque's house in old Dhaka. One of the visitors was his nephew Major Rashid.

Taheruddin Thakur was like a cat on hot bricks that night. Any call would make him jump. He tried to calm his nerves with prayers. He had a bath and got ready as if he had to keep an appointment at an unearthly hour. A guest in the house wondered why Taheruddin was so tense.

Kamal, Mujib's son, came back home after midnight from the university campus, where last-minute touches were being given to the preparations to welcome Mujib. At the same time finishing touches were being given to a plot at the Dhaka cantonment.

When it was still dark, Col. Farook addressed the Bengal Lancers, whom he had trained to hunt in killer packs. The Lancers in their black overalls were like the hordes of Satan in Milton's Paradise Lost.

Farook spat fire and venom. He said that Mujib had sold the country to foreign powers and was going to break up the army and disband the Lancers. He played on their fears and incited them in the name of Islam. It was time to strike.

They moved out in three columns. Their targets were less than two kilometres away.

In the glimmering before dawn, the Rakkhi Bahini hurriedly took up positions in front of their camp near the MNA's hostel in Sher-e-Bangla Nagar. Most of them were wearing lungis and were bare-footed. While some living in the area were still wondering what was happening, the Rakkhi Bahini were withdrawn. A tank raced down the airport runway, bridged a wall and trained its gun on the camp.

Thirty tanks were deployed at strategic points in the city.

The houses of Mujib, his brother-in-law Abdur Rab Serneabat and his nephew Sheikh Fazlul Huq Moni were surrounded simultaneously.

Soldiers started shooting at Mujib's house from all directions. Bullets were whizzing in through the windows on the first floor, where all the bedrooms were. A bullet grazed the hand of Sheikh Nasser, Mujib's younger brother.

They all took shelter in Mujib's dressing room, which was the least exposed. It was a repetition of March 26, 1971, when Pakistani troops had encircled the house. Mujib rang up some officers. Begum Mujib tore a strip from her sari and bandaged Nasser's hand.

Kamal came down and asked the guards to take action, but they had been 'neutralised.' While Kamal was still trying to persuade the guards to act, Major Huda entered the house with some men. The guards saluted him. One of the men with Huda shot Kamal.

Meanwhile, Brigadier Jamil was hurrying to Mujib's house. When his jeep was only a few hundred metres from Mujib's house, some soldiers who were waiting near Subhan Bagh mosque barked: "Halt." Jamil identified himself. They knew who he was; they had been posted there to intercept him. "We have orders to shoot anyone who passes this way," they threatened. When Jamil did not heed their warning, they shot him.

Soldiers were by then swarming all over Mujib's house. They found a room closed on all sides -- it was Rehana's bedroom. They forced a door open, sending a cupboard full of things crashing to the floor.

"Let me see what they want," Mujib said and came out of the room as he had done on the night of March 26, 1971. He had faced the Pakistani soldiers. These were his own men.

Mujib was wearing a checked lungi and a white kurta.

Mujib met Huda on the staircase. "It is you. What do you want?" Mujib asked. "We have come to take you," Huda said. "Do you think it is fun?" Mujib thundered. "I will not allow the country to be ruined." Huda was unnerved. A servant cried: "Kamal Bhai is dead." Havildar Moslemuddin, who was coming down from the terrace, swore and opened fire from behind with an automatic weapon, riddling Mujib's body with bullets.

Soldiers were picking up whatever they could. "Take whatever you want but don't kill us," Begum Mujib pleaded. But hearing the burst of firing, she came out. "You have killed him, kill me," she wailed. She was silenced forever.

Jamal, his wife Rosy, and Sultana, Kamal's wife, were still in the dressing room. A burst from a sten gun and the three were dead.

The gunmen found Nasser in a bathroom and shot him. Russell was cowering in a corner. "Take me to my mother," he whimpered. "We will take you to your mother," one of the homicidal maniacs said. A police officer pleaded for Russell's life: "He is only a child." The officer was killed. One arm of Russell had been shot off, yet he begged: "Don't kill me, don't kill me." The answer was a bullet. Russell lay dead by his mother's side.

Farook and Rashid were late in reaching Mujib's house. Farook went up to satisfy himself that all had been killed. He telephoned someone.

______________
The article is an extract from the work, Who Killed Mujib? by the eminent journalist (now deceased) A.L. Khatib.

National Mourning Day is Back

August 15 reinstated as National Mourning Day
Source: New Age
August 11, 2208

The military-controlled interim government has decided to go by the High Court judgement which restored August 15 as National Mourning Day and a public holiday, officials said.

The council of advisers at a meeting, presided over by the chief adviser, Fakhruddin Ahmed, on Sunday decided it would execute the court’s ruling which declared illegal the BNP-led alliance government decision of cancelling National Mourning Day on August 15, the death anniversary of Bangladesh’s first president Sheikh Mujibur Rahman.

All but two of Mujib’s family were killed in a military putsch on August 15, 1975.
‘The government has decided to implement the High Court judgement,’ said an official at the Chief Adviser’s Office after the meeting, also attended by the special assistants to the chief adviser and the secretaries concerned.

On the assumption of office 21 years after Mujib’s killing, the Awami League, led by his daughter Sheikh Hasina on August 8, 1996 declared August 15 National Mourning Day and a public holiday in honour of the country’s first president.

The day had accordingly been observed until the Bangladesh Nationalist Party-led alliance government of Khaleda Zia scrapped the Awami League government’s decision on August 2, 2002.

Awami League leaders thanked the government for the decision, saying the government showed respect to court by implementing the judgement.‘The government decision is a reflection of people’s expectations,’ Tofail Ahmed, an Awami League presidium member, told New Age.

When his attention was called to the restoration of August 15 as a public holiday, the BNP’s secretary general Khandaker Delwar Hossain said, ‘We have nothing to say they [the government] have done it in accordance with the High Court verdict.’

He also demanded that the government should declare May 30, the day when Ziaur Rahman was assassinated, a national mourning day as Zia, who declared independence of Bangladesh, had contributions to the building of the nation and his death was a great loss.

‘The day Ziaur Rahman was assassinated should also be declared a national mourning day,’ he said, putting out a call to restore November 7 as national revolution and solidarity day and a public holiday.

The Workers Party of Bangladesh president, Rashed Khan Menon, welcomed the government decision. He expected that the trial of the killers of Sheikh Mujibur Rahman would also be completed.

The Communist Party of Bangladesh general secretary, Mujahidul Islam Selim, termed the move a right decision when the country was rolling back from the ideals of the people who inspired the people to liberate the country.

Three Supreme Court lawyers, also members of pro-Awami League Bangabandhu Ainjibi Parishad, filed the public interest litigation in 2007 challenging the legality of the alliance government’s decision to this effect.

Lawyers Mozammel Haque, Mollah Abu Kaiser and MA Malek filed the petition on August 5, 2007.After a preliminary hearing in the petition, the High Court on August 6, 2007 issued a rule on the government to explain why the cancellation of national mourning day and pubic holiday on August 15 would not be declared illegal.

It also asked the government to explain why August 15 would not be observed as a national mourning day and public holiday.

A High Court bench on July 27 ruled that the BNP-led alliance government’s decision was illegal. It also declared illegal the changes made by the alliance government to the Bangladesh Flag Rules 1972, cancelling the hoisting of the national flag at half-mast to pay respect to Sheikh Mujibur Rahman on the day.

High Court Rules Scrapping Aug 15 Holiday Illegal

Bangladesh rules scrapping "Mujib" holiday illegal
July 27, 2008

High Court Rules Scrapping August 15th Holiday Illegal?
DHAKA (Reuters) - The Bangladesh High Court ruled on Sunday that the cancellation of a public holiday to mark the death of the country's founding leader Sheikh Mujibur Rahman was illegal.

The August 15 annual holiday was scrapped six years ago by the government of former prime minister Begum Khaleda Zia, after she won a 2001 election by defeating Mujib's daughter Sheikh Hasina, another former prime minister.

Mujib was killed with most members of his family in a military coup on August 15, 1975, beginning years of rule by army generals, including Khaleda's husband Ziaur Rahman, himself killed in a 1981 mutiny.

Hasina introduced Aug. 15 as public holiday to mourn her father after she won power in a 1996 election, but her rival Khaleda scrapped it in 2002, despite protests by Hasina's Awami League.

"The High Court also asked the country's incumbent interim government to take steps to rectify the illegal decision by the previous government (regarding the Aug. 15 holiday)," a court official told reporters.

The court issued the ruling after a petition by a supporter of Mujib who, as chief of the Awami League, launched the independnce campaign for East Pakistan, now Bangladesh, in the early 1960s.

He formally gave the directive for a guerrilla war in March 1971. He was arrested by the Pakistani army but his followers led the war to achieve independence from Pakistan in December 1971, with the help of India.

Bangladesh gets new version of independence history

Bangladesh gets new version of independence history
Source: AFP

DHAKA (AFP) — School textbooks in Bangladesh have been revised to reflect the latest government version of the role of two slain leaders when the country won independence in 1971, an official said Wednesday.

Sheikh Mujibur Rahman, who led Bangladesh's bitter independence struggle against Pakistan, is now once again referred to as the "father of the nation," said Mosir Uddin, head of the National Curriculum and Textbook Board.

Sheikh Mujib, who died in a military coup in 1975, is credited with the independence declaration at midnight on March 25, 1971 and referred to by his popular name of "Bangabandhu" or friend of Bengalis in the new texts.

In another change, former president Ziaur Rahman, who was slain in an attempted military coup in 1981, was acknowledged to have made an independence proclamation "on behalf of Bangabandhu at Kalurghat Radio Station in Chittagong, on March 27", he added.

School textbooks containing the changes have already been printed and would be read in the schools from January 2008, Uddin said.

The place of the two leaders in the nation's history remains a deeply sensitive subject in Bangladesh.

Since 1991, textbooks have been subject to alterations by governments led alternately by Sheikh Mujib's daughter, Sheikh Hasina Wajed, and Ziaur's widow, Khaleda Zia. The two women are bitter rivals and lead the country's two main political parties.

Supporters of Sheikh Hasina's Awami League believe that independence was proclaimed by a regional party leader acting on the instructions of Sheikh Mujib.

Members of Zia's Bangladesh Nationalist Party (BNP), however, say it was the former army chief Ziaur who made the historic proclamation.

Sheikh Hasina led the country from 1996 to 2001 while Zia held power twice, from 1991 to 1996, and from 2001 to 2006.

A military-backed government took power in January after vote-rigging allegations led to elections being cancelled and the imposition of a state of emergency.

Immediately after the takeover, the country's powerful military chief General Moeen U Ahmed said that the new government would give due honours to the national leaders.

The textbook board head said the latest version of the history was close to the facts.

"This is more authentic than the others we have seen in the past. This is based on authentic documents. All the references are taken from the official history of the war of independence published by the information ministry in 1982," he said.

Bangladesh, formerly called East Pakistan, won its independence from Pakistan in 1971after a bloody nine-month war.

War Criminals of 1971: Time to Take Action

War Criminals of 1971: Time to Take Action
Dr. Abdul Momen
October 29, 2007

It is highly misleading that Bangabandhu Sheikh Mujibur Rahman government pardoned all the war criminals and he did nothing during his ‘war ravaged reconstruction period’. The fact shows otherwise. In fact, Bangabandhu Sheikh Mujibur Rahman government started prosecuting the perpetrators of 'crime against humanity' or ’war criminals’ immediately after independence and he also passed the Collaborators Act (1972) and the International Crime Act of 1973 that barred re-entry of any collaborators to Bangladesh. Sheikh Mujib promulgated the Special Tribunal Order on January 24, 1972 (PO No 8 of 1972) after 14 days of his return from Pakistani jail to try those Pakistani collaborators/ Razakers/ Al-Badrs and other stooges of the Pakistani army. Under this order he arrested 37,000 collaborators amidst of strong opposition by left-leaning journalist like Enayetullah Khan [see his write-up titled ’75 million Collaborators’ , the Holiday, 1972]. Out of them as no grievous criminal charges were filed against 26,000, therefore they were pardoned and released in a general amnesty. However, nearly 800 cases were completed and given jail sentences. Another 11,000 were in jail including Nizami, Abbas Ali Khan of the Jamat-e-Islam Party (JI), and their prosecution was at various stages of completion. In addition, those that were involved in ‘crime against humanity’ and against Bangladesh, they were denied of Bangladesh nationality and passport.

On November 4, 1972 all religion-based politics were abolished as per sections 12 and 38 of the Bangladesh Constitution of 1972.

Unfortunately, when General Ziaur Rahman, a valiant Mukti-judda emerged as a ‘strong man’ in 1975, he abrogated the Collaborators Act and released all the prisoners including those that were sentenced. For political/ personal reasons he allowed religion-based parties to operate and started reinstating and rehabilitating them. No wonder, those who were guilty of ‘crime against humanity’ and collaboration with enemy (Pakistan) state started returning from abroad especially Pakistan and Saudi Arabia and they were given Bangladesh citizenship and passport. Example, Golam Azam of the JI Party.

On those days I was working with the Bangladesh government and many individuals and their relatives that had no Bangladesh passport approached us for consideration. However, once General Zia took over, all of them were issued Bangladesh passport or ‘travel documents’ to return to Bangladesh.

It is sad that few vested quarters including Abdul Mannan Bhuiya, the ousted BNP Secretary General and current Law Advisor Barrister Moinul Hussein are misleading the public and the nation by stating that Sheikh Mujib pardoned them or shifting the responsibility by blaming why they did not prosecute them. In fact, Sheikh Mujib started the prosecution and he pardoned only those that did not have criminal cases against them. He did not pardon those (Razakers, Al-badr or Al-Shams) that had ‘criminal cases’ and those that committed ‘crime against humanity or war criminals’ such as rape, murder, and the like. Thousands of criminals were in prison during his time; however, many were absconding abroad including Golam Azam, the leader of the JI party and they were involved in anti-state activities abroad. He did not get time to complete the prosecution because of abrupt massacre.

After the massacre of Sheikh Mujib and his family plus his closed associates; Prime Minister Tajuddin Ahmed, Acting President Syed Nazrul Islam, Secretary General AHM Qamruzzaman and Home Minister Monsur Ali, the founders of independent and sovereign Bangladesh in 1975, one after another civil-military- technocratic or cantonment-based governments ruled the country basically till 1996. In 1996, when pro-people and pro-liberation government of Sheikh Hasina came to power after 21 years with marginal votes; it neither could reinstate the Collaborators Act nor could revive the original constitution of 1972. Secondly, it followed ‘judicial process and rule of law’ and therefore, it did not set up any ‘kangaroo court or special tribunal’ to prosecute the criminals. One can debate that as a weakness of the Hasina government or not.

Therefore, it failed to punish the war criminals and the culprits. But that does not justify that the criminals of ‘crime against humanity’ or war criminals should not face justice. It would be unfair if they are allowed to go free or untouched. Fortunately, now is an opportune moment to revive the clause that ‘no religion-based political party can register or contest in Bangladesh election’ and those found guilty of ‘crime against humanity’ to be fully prosecuted. Unless the criminals and murderers are fully prosecuted, you can neither establish ‘rule of law’ nor can stop political killing in Bangladesh.

More importantly, the International Crime Act of 1973 of Bangladesh is still active and Article 47, Section 3 of the Act allows trial of war criminals. Therefore, the military-backed government of Fakhruddin Ahmed that has started many essential reforms can try the war criminals and punish them provided it has the mindset and commitment. It is unfortunate that its Law Advisor is trying to guillotine the golden opportunity.

Secondly, Islami activist S. A. Hannan, a retired bureaucrat following the JI party line of argument tried to mislead the public by stating that there was ‘no genocide’ in East Pakistan in 1971.

Genocide is the deliberate and systematic destruction of an ethnic, religious or national group. While precise definition varies among genocide scholars, the legal definition of it is found in the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG). Article 2 of the CPPCG defines genocide as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life, calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; [and] forcibly transferring children of the group to another group."[1]

In 1971 the Pakistan occupation army plus their collaborators like the Jamat-e-Islam, the Islami Chatra Sangho (currently renamed Islami Chatra Shibir) and their militant killing squads; the Al-Badr and the Al-Shams tried their utmost to apprehend and kill those that demand an ‘independent Bangladesh’. Since majority of Bengali speaking East Pakistanis (Sheikh Mujib got 167 out of 169 seats in East Pakistan) or ethnic group favored an independent Bangladesh, they waged a war with intent to destroy that ethnic group. The Pak army systematically opened fire on un-armed masses of Bengali ethnic group on the midnight of March 25th 1971 indiscriminately resulting which, as per various reports 19,000 to 25,000 Bengali ethnic people died on that dark night alone and over a period of 10 months, 3 million reportedly killed, 30 million were dislodged from their homes and 10 million had to take refuge in neighboring India due to cleansing operation, fear and repression. As per global ranking, Bangladesh genocide is second to that of Nazi genocide of Jews.

In order to cripple the whole ‘bangali nationalism and nationhood’ the Pak army in collaboration with the Jamat-e-Islam and few other such parties and their affiliates systematically and calculatedly murder the Bengali intellectuals, writers, doctors, journalists, educators and their political leadership. In addition, in order to cleanse the society of Hindu population, the Pak army and its collaborators calculatedly killed and/or uprooted them. No wonder, over 10 million East Pakistanis (out of 75 million) mostly Hindu minority took shelter in the neighboring India. When army captured me on April 20, 1971, they tested me whether I could recite ‘kolema’ (the 1st pillar of Muslim faith) and then they checked whether I had my circumcision, a symbol of being Muslim in the subcontinent. In addition, when the army forced us to lead them in their operations, they repeatedly asked two questions; find ‘Mukti’ (liberation fighter) and Hindu. If such are reported, they would immediately open their fire, weapons and mortars. Such is a testimony of cleansing of a religious group, a clear evidence of genocide.

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Abdul Momen, Boston

Verdict on Mujib killers' death sentence Sunday

Verdict on Mujib killers' death sentence Sunday
By IANS
September 21, 2007
Source: Indian Muslims

Dhaka : Bangladesh's Supreme Court will Sunday decide whether it will allow an appeal against the verdict of a high court, which upheld the death sentences to 12 former army personnel in the murder of the country's founding father Sheikh Mujibur Rahman.

The country's longest trial has come to this stage after an appellate division bench of Justice Tafazzul Islam, Justice Joynul Abedin and Justice M. Hasan Ameen concluded the hearing in the petitions filed by five of the convicts, who are in jail and have sought permission to appeal against the High Court verdict.

If the court rejects the petitions Sunday, Mujib's assassination case will be finally disposed off and the five prisoners will have to face the gallows within two months.

The other convicts, who are absconding, will be executed after their arrest, New Age said Friday.

In case the court allows the condemned prisoners to appeal against their sentences, the appellate division will need to further hear the case. It started hearing the case July 7 after a six-year freeze.

The case had been shelved since Aug 16, 2001, because of a shortage of judges in the division capable of hearing the case. Some judges had felt "embarrassed" and had opted out.

Muhitul Islam, Mujib's personal assistant, filed a murder case with the Dhanmondi police Oct 2, 1996, 21 years after Mujib and his family members were assassinated by a group of army men on Aug 15, 1975.

Dhaka District and Sessions Judge Quazi Golam Rasul awarded death sentences to 15 of the 20 accused on Nov 8, 1998.

The High Court delivered a split verdict in the case Dec 14, 2000. Justice M. Ruhul Amin, senior judge of the High Court bench, upheld the death sentences of 10 convicts, while the other judge, A.B.M. Khairul Haque, retained the death sentences for all the 15.

On April 30, 2001, Justice M. Fazlul Karim, in the final High Court verdict in the case, upheld death sentences for 12 and acquitted three.

Syed Faruque Rahman, Sultan Shahriar Rashid Khan, Muhiuddin Ahmed and Bazlul Huda, who were in jail at the time, filed petitions with the appellate division, seeking permission to appeal against the verdict.

A.K.M. Mohiuddin Ahmed filed a similar petition after the US government sent him back to Bangladesh from Los Angeles June 17.

Remembering the Father of Nation

Watch this video on Sheikh Mujibur Rahman. Watch, feel and act to bring all the killers to justice:

Army Chief Paying Respect to Bangabandhu

Picture courtesy of Daily Star
Yes, this is the Bangladesh Army who killed the father of Nation Sheikh Mujibur Rahman on August 15, 1975. After 32 years, have they realized that it's their unruly officers who killed the Father of Nation? Haven't the Army destroyed democracy over and over by putting military dictatorships of General Zia and Ershad? Now, they are paying tribute to the Father of Nation Sheikh Mujibur Rahman. Are they really paying respect to Bangabandhu from their heart? Or, they're simply trying to exploit common people's love for Bangabandhu Sheikh Mujibur Rahman? How will this army pay this nation back what it took from all of us?

The 15th August, the Generations and the History Learning

Source: News from Bangladesh
Published on: August 14, 2007

By: Md. Anwarul Kabir, Bangladesh

The members of the generation who were mere children during our liberation war and who finished their major parts of their schooling in the post 1975 era and the generation afterwards are deprived of the true history of our liberation war. As a member of one of such generations, I consciously feel how the misguided distorted history has succeeded to rot us dividing the nation into pro and anti liberation shibirs. This, in turn, politically put the country in a turmoil and volatile state as we perceive now.

1971 united the whole nation (except a few collaborators of the Pakistani army) with the spirit of liberation war. People of all walks of life became freedom fighters in one way or another. Some actively joined the war and millions other, though did not take part directly in the war, gave moral support to our war of independence. These are the people, in fact, are the silent freedom fighters among whom many sacrificed their lives, wealth and efforts for the great cause. In essence we may claim that the emergence of Bangladesh was possible due to the collective efforts of the people of the soil. So, naturally, after the liberation, these collective efforts should have led Bangladesh to a prosperous one, following the spirit of the liberation war as envisioned by many. Ironically, Bangladesh has miserably failed to achieve the very objective of the liberation.

To unveil the causes behind this failure, we need to shed light on the 15th August, 1975, the blackest day of our national history. The 15th August, 1975 can be marked as a turning point for our country, from the light to the dark-- from the hope to the despair. On this day, with the brutal killing of Bangabondhu Sheikh Mujib, the monumental icon of independence and founding father of Bangladesh, the nation had to burry all the spirits of the liberation war. So, in the independent Bangladesh, in 1975 the freedom fighters were defeated and the enemy of the liberation war, the collaborators of the Pakistani army won reversing the history by implementing their well designed conspiracy!

Customarily history of a country is written by the victors, if we closely analyse then it can be ascertained. For instance, the British historians, during the reign of the British Raj assailed the character of Nawab Sirajuddoula of Bengal objectively. Nawab Sirajuddoula as a vanguard of the independent Bengal in 1757 AD fought against the East India Company, the forerunner of the British regime. Unfortunate defeat of Sirajuddowla and the victory of the Robert Clive led the British regime to write the biased history demeaning Siraj and his associates. Similarly, the victors of 1975, the defeated forces of 1971 of Bangladesh objectively distorted the history, especially that of our liberation war.

In fact, the enemy of our country, the collaborators of Pakistani occupying forces are very shrewd. And so after the fall of the patriotic freedom fighters in 1975, they started to fabricate the history of liberation in their own ways. Indeed they were aware of the implication of the history and its long term impact on the nation. They knew that the exposure of the true history of our liberation war would trash them in the dustbin and eventually they never would be able to come to the power centre.

The process of history distortions has been initiated during post Mujib era, especially in the texts of school and college. They knew that if the new generations, who have not witnessed the war of independence could be kept in the dark concerning our history of the liberation then one day they would be in a state of success. Their forecast has been deemed to be true at the later phases.

The new generations have learned the biased history in the text books as fabricated by the victors of 1975. This history has not revealed all the truth; rather it has created smokescreens surrounding 1971, the glorious event of the Bengali nation. For instance, in our history text in the school, we have read the freedom fighters fought against the occupying forces in 1971, but who were the occupying forces, there is no answer there. Similarly in the text we have seen the role of Sheikh Mujib in the liberation war is limited to only two or three sentences. Rather the role of the late president General Ziaur Rahman (the then major of the Pakistan Army) has been overemphasised depicting him as the key organiser of our war of independence.

This over emphasis has been marked to such an extent that one may think that unless Zia declared the proclamation of our independence, the emergence of Bangladesh would not be possible. Shamelessly our history text deleted the fact that Ziaur Rahman announced the said proclamation on behalf of Sheikh Mujib. (Even if Ziaur Rahman were alive then he must have been felt ashamed realising this fabrication of the history!)

Again the text of our history books in the school has not revealed the roles of Jamat-i-islami and its infamous leaders like Golam Azam, Motiur Rahman Nizami, and Al Mujahid who notoriously collaborated with the Pakistani army in 1971. Even studying the history in our student life we have not learned the role of the former president General Ershad in our liberation war who as a chairman of a special tribunal in Lahore cantonment tried the freedom fighters from the stranded Bengali army in the then West Pakistan who tried to flee to India with a view to participating in our war of independence. Had the true roles of the above stated heinous people in our liberation war been reflected in the text of the history then certainly they had not been able to come to the power centre of the country.

Our history courses, in our student life has utterly failed to teach us the background and the spirit of the liberation war. This history has not indicated that the war of independence was in fact a continual struggle from 1952 to 1971. Our history texts either at the school or at the college levels have not focussed on the historical 6 points or 11 points demands which can be regarded as the charters of independence. The fabricated history does not address the Agartala Conspiracy case against Sheikh Mujib which in turn transformed him into Bangabondhu. Even in the history which we have learned in our student life has not indicated the significance of the address of the 7th March of Bangabondhu which can be compared with the address of Gettysburg delivered by Abraham Lincoln, the great leader of America.

Nationalism, secularism and socialism were the major spirits of our liberation war. Abandoning the much hatred ‘two nation theory’ in 1971, people of this land embraced the Bengali nationalism and secularism as basic mantras for the salvation. But in our history texts this reality has not been reflected at all.

The manipulated history as designed by the beneficiaries of 1975 and the collaborators of 1971 has successfully confused the generations. Perhaps due to this confused state, the people from the younger generations who missed to be witnesses of 1971 voted and elected (as the lion share of the voters are from these generations) the identified collaborators of 1971 as the members of the Parliament. For the same reason people did not raise their voice much when the war criminals like Motiur Rahman Nizami or Al Mujahid emerged as ministers in the last alliance government.

The change in 1/11 and subsequent vibrant utterance of the army chief General M U Ahmed have instigated rays of hope among the conscious citizen of the country. The incumbent army chief has categorically mentioned the urgency of honouring Bangabondhu at the state level as well as the installation of the true history of the liberation war. Moreover, pointing at the war criminals of 1971 he has also become vocal to bring them behind the bar. However, we are not sure whether his utterances are merely a political stunt or these reflect his sincere obligation to the nation. Only the time will reveal the truth.

----------------------------------------------------------------------
Md. Anwarul Kabir is an educationist, working at the Computer Science Department of AIUB and a freelance writer

Remembering Sheikh Mujibur Rahman

Respectully remembering the Father of Nation Sheikh Mujibur Rahman on August 15, 2007.

HC asks govt why Aug 15 not mourned

Breaking News
(Source: BDnews.com)

Dhaka, Aug 6 (bdnews24.com) – The High Court Monday asked the government to explain why August 15, the day Bangabandhu was assassinated, would not be declared a national mourning day and public holiday.

The government is also to explain why the decision to cancel the national mourning day on August 15 would not be declared illegal.

The High Court bench of Justice Syed Mahmud Hossain and Justice Farid Ahmed issued orders after hearing a writ petition filed by Supreme Court lawyer Md Mozammel Haque.

Six people, including the cabinet secretary, chief adviser's principal secretary, law secretary and education secretary, have been asked to respond to the rule in a week.

The Awami League government in 1996 declared August 15 a national mourning day in recognition of the contribution of Bangabandhu in the independence of Bangladesh. The day was also declared a public holiday.

But on August 8, 2002 the BNP government in an order revoked the national mourning day and the public holiday.

Haque in the petition said the country earned independence through a bloody war in 1971 led by the Father of the Nation, Bangabandhu Sheikh Mujibur Rahman. But on August 15, 1975 Bangabandhu and most of his family were murdered by some disgruntled army men.

The nation is obliged to observe August 15 the national mourning day for the murder of the man who played a unique role in the creation of Bangladesh.

He contended that it was the duty of the nation to keep the national flag hoisted at half-mast on the day to show respect to Bangabandhu.

The petitioner said the emergency government recognised the contribution of Bangabandhu in the independence of Bangladesh. It decided to portray the real history with the contribution of Bangabandhu in textbooks.

Chief adviser Fakhruddin Ahmed and army chief General Moeen U Ahmed had also spoken of his contribution.

bdnews24.comn/at/eh/bd/1350 hours

Aug 15 as national day of mourning:

Daily Star reports on August 6, 2007:

A Supreme Court lawyer and two other persons yesterday filed a writ petition with the High Court (HC) challenging a cabinet division order issued during the immediate past BNP-led alliance government's regime canceling August 15 as the National Day of Mourning and a public holiday.

The petitioners also sought court directives reinstating the date as the National Day of Mourning and a public holiday.

Advocate Mozammel Huq, a Supreme Court lawyer, filed the writ petition with an HC division bench, which is likely to hear the writ today.

Mentioning the great contribution of Bangabandhu Sheikh Mujibur Rahman in the Liberation War of Bangladesh, the petitioners said Mujib was killed on August 15, 1975. In 1996 the erstwhile government introduced August 15 as the National Day of Mourning and declared the day a public holiday with the national flag flying half-mast to pay respect to the slain father of the nation. But the BNP-led alliance government in August 2002 canceled the earlier decision to observe August 15 as the National Day of Mourning and a public holiday through issuing a notification through the cabinet division.

The petitioners filed the petition as a public interest litigation.

The cabinet division secretary, the principal secretary to the chief adviser, and the secretaries to the ministries of law, information, and education were made respondents in the writ petition.