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For thirty-four years the nation observed the death anniversary of Father of the Nation Bangabandhu Sheikh Mujibur Rahman with a demand for justice, but it is different this year, as justice has finally been done.
Some historic developments in the judiciary in the past eight months gave this new dimension to observance of the National Mourning Day on the 35th death anniversary of Bangabandhu, today.
“It is impossible to forget the grief of the gruesome killings of August 15, but this time we at least have the consolation that we could ensure justice,” Bangabandhu’s grandson Sheikh Fazle Noor Taposh, who lost his parents in the August 1975 mayhem, told The Daily Star yesterday.
“We must mourn tomorrow [today], but this time we have an achievement, as the nation has been freed from its stigma. We hope that six other condemned killers absconding abroad will also be brought back to complete implementation of the court verdict,” continued Taposh, who was around four years at that time and survived the mayhem.
Prime Minister Sheikh Hasina, daughter of Bangabandhu, in a message on the occasion said, “We have freed the nation from the stigma to some extent through executing the verdict of Bangabandhu killing case.”
The attack at Bangabandhu’s residence on Road-32 in Dhanmondi on this day 35 years ago left 11 people — Bangabandhu, his wife, two daughters-in-law, three sons including 10-year-old Sheikh Russell, a brother and three others — dead.
Bangabandhu’s two daughters Sheikh Hasina and Sheikh Rehana survived the carnage as they were abroad at that time.
“They committed a crime against humanity by killing a child and three innocent women who were unarmed. They eliminated almost the entire family who were found in the house. There is no explanation on the side of the accused as to why they killed these innocent people. The acts of the accused were so barbarous which could only be compared with orgies,” observed the Supreme Court in the historic judgment over the Bangabandhu killing case.
Since the assassination, no government took initiative to bring the killers to justice until Sheikh Mujib’s own party Awami League came to power in 1996 under the leadership of his daughter Sheikh Hasina.
In November 1996, Hasina’s first government repealed the black indemnity ordinance of 1975 that barred the trial of the killers. Her second government completed the trial and executed the verdict January this year.
The court gave capital punishment to 12 killers. Of them, five have been hanged, one died abroad earlier while six are still hiding in different countries.
In another brutal case of assassination, four national leaders — Syed Nazrul Islam, acting president of Bangladesh government in exile in 1971, Tajuddin Ahmed, prime minister, M Mansur Ali, finance minister, and AHM Qamaruzzaman, minister for home affairs, relief and rehabilitation, of the same government — were murdered at Dhaka Central Jail on November 3, 1975.
The four were killed only 79 days after the assassination of Bangabandhu, but justice of this brutality is still due.
“Steps have been taken to bring back the remaining convicts of Bangabandhu killing. Measures have also been taken to expedite the trial of the killers of four national leaders,” Hasina said in her message.
On the dark night of August 15, 1975, AFM Mohitul Islam, 22-year-old receptionist at Bangabandhu’s residence, fortunately survived the heinous attack.
Mohitul, plaintiff of the Bangabandhu murder case, is still haunted by the trauma of that fateful night. He told The Daily Star yesterday, “I am happy as the verdict of the case has been executed, though partially. I will be happier when the verdict would be fully executed.”
Mohitul believes that some people other than the condemned killers were also involved in the conspiracy, and they patronised the brutal killings of Bangabandhu.
“The patrons and conspirators of the killings should also be brought to justice. If it is not possible now, the government should expose them in some way,” Mohitul demanded.
Taposh however claims that the nation knows about these patrons and conspirators who tried to hinder the trial of Bangabandhu killing case.
“It is a pity that the surviving family members of Bangabandhu Sheikh Mujibur Rahman and the nation, as a whole, had to wait for about long 34 years to get justice by disposing of the criminal case of the gruesome murder,” the apex court said in the full text of the judgment released in December 2009, a month after it delivered the verdict in the open court.
The judgment said, “To protect and shelter such killers is a great crime, a great sin and sin spares none.”
The motive of the killings was to divert the country from the track of secular spirit, which is evident in the actions of the rulers after the assassination of Bangabandhu.
After the August 15 carnage, illegal military rule was introduced in the country for the first time and Khandker Mushtaque Ahmed, Abu Sadaat Mohammad Sayem and Maj Gen Ziaur Rahman unconstitutionally took over the state power.
They distorted constitution, protected the killers of Bangabandhu and rewarded them.
The Fifth Amendment to the Constitution had legitimised the governments and military rule since the assassination of Bangabandhu on August 15, 1975, to April 9, 1979, which was declared illegal by the apex court in February.
The declaration will remain an example in the history of the judiciary as so many hurdles had to be cleared before justice was done. Among those was the Indemnity Ordinance introduced by Khandker Mushtaque Ahmed and constitutionally legitimised by Ziaur Rahman through the Fifth Amendment.
“We are putting on record our total disapproval of martial law and suspension of the constitution or any part thereof in any form,” said the Supreme Court and continued, “The perpetrators of such illegalities should also be suitably punished and condemned so that in future no adventurist, no usurper, would dare to defy the people, their constitution, their government, established by them with their consent.”
These significant verdicts of the apex court in the last eight months not only paved the way for bringing the country back on track, but also gave a significant dimension to observance of the National Mourning Day, a national holiday restored by the High Court in a verdict in 2008.
Taposh, a ruling party lawmaker, said, “Two decisions of the Supreme Court [one on Bangabandhu murder and the other on the Fifth Amendment] supplement each other and these will help build the country as martyrs and freedom fighters dreamt of.
Sunday, August 15, 2010
Painting By: Shahabuddin
In a watershed judgment, the High Court yesterday ruled that Bangabandhu Sheikh Mujibur Rahman, not Ziaur Rahman, proclaimed the republic’s independence on March 26, 1971. The proclamation was relayed by Kalurghat Betar Kendra (radio centre) in Chittagong the following day, it added. Observers say the judgment will help end the long, bitter wrangle over a significant episode of the country’s independence history.
The unwanted debate over a settled issue began after the assassination of Ziaur Rahman in 1981 with his party BNP claiming he was the proclaimer of independence, not Bangabandhu. The HC bench comprised of Justice ABM Khairul Haque and Justice Mamtazuddin Ahmed yesterday dismissed that claim, which had befuddled many over the Liberation War history. It also ordered cancellation of second edition of the third instalment of 15-volume war documents that portray Zia as the declarer of independence. The Liberation War affairs ministry brought out the publications during the BNP-Jamaat-led alliance government in June 2004. The court said the government could take actions against those who sought to rewrite history. In the judgment containing several rulings and observations, it directed the administration to confiscate the books presenting Zia as proclaimer of independence. It also ordered the government to ensure that textbooks at all levels and for all mediums have the facts about the independence struggle.
The HC gave its verdict after reviewing all relevant documents, books, newspapers published at home and abroad in March 1971, and arguments of the lawyers. It directed the Attorney General’s Office and the petitioner to send a copy of the judgment to the education ministry.
The debate had the nation deeply split for nearly three decades, much to success of those relentlessly trying to warp the young minds. The most damaging was inclusion of distorted history in the textbooks. The judgment, first of its kind, came in response to a writ petition filed by freedom fighter MA Salam. Salam filed the petition as public interest litigation (PIL) on April 19, seeking court directives to stop distortion of history. Later, Wing Commander (retd) Hamidullah Khan, a freedom fighter and BNP leader, became party to the case, opposing the petition. Former chief of army staff Lt Gen (retd) Harun-ar-Rashid endorsed the petition and became involved in the proceedings on behalf of the Sector Commanders Forum. The court completed hearing last month.
ORDERS AND OBSERVATIONS
The High Court bench observed that the Proclamation of Independence published on April 10, 1971, states beyond doubt that Bangabandhu Sheikh Mujibur Rahman made the declaration of independence. The Proclamation is protected by article 150 of the constitution and thus cannot be changed at will, it added. The court also declared illegal and unconstitutional the publications of the third volume of the books titled ‘Swadhinata Juddho: Dalilpatra’ (The Liberation War of Bangladesh: Documents). It directed the government to confiscate the books painting late president Ziaur Rahman as declarer of independence. Besides, it wants the government to stop sale, distribution and reprint of the books at home and abroad. The bench said the government might take initiative to bring to trial those involved in attempts to establish an untrue version of the Liberation War. It observed that the persons responsible have in fact committed an offence against the nation and the constitution.
The committee formed by the BNP-led alliance government to write and print history of the Liberation War had recommended that Ziaur Rahman be declared as the independence proclaimer in place of Bangabandhu, without having any authentic documents at its disposal. The court, however, said Zia had a valuable contribution to the independence war, and that he never claimed in his lifetime to be the proclaimer. Additional Attorney General M Enayetur Rahim, petitioner’s counsel Manzil Murshid, and Muntasir Mamun, a professor of history at Dhaka University, were present at the court during delivery of the judgment. They hailed the judgment as an epoch-making event. Talking to The Daily Star, they hope it would help restore the authenticated narrative of the Liberation War.
HOW THEY DISTORTED HISTORY
Originally, the information ministry compiled and published the documentary evidence of the Liberation War in 15 parts in 1982. Edited by Hasan Hafizur Rahman, those were reprinted in 2003. The Liberation War affairs ministry, set up during the BNP alliance regime, changed some of the facts in the second edition published in 2004. It deleted the first document of the third part that contained Declaration of Independence made in the name of Sheikh Mujibur Rahman and broadcast from Swadhin Bangla Betar Kendra on March 26, 1971. Instead, it included a document stating that Major Ziaur Rahman first declared independence from ‘Biplobi Betar Kendra [Chittagong]’ on March 27, wherein he claimed to be the ‘provisional president and commander-in-chief of the liberation army’. The second document of the third part stated that Zia made another declaration on March 28 from Swadhin Bangla Betar Kendra, this time on behalf of Mujib. In the first edition, the date was March 27. As the second edition caused an outcry, officials told The Daily Star, the then secretary Dr Mahbubul Alam had asked to stop selling the volume published under a Tk 5-crore project. Following his verbal orders, officials withdrew thousands of copies from the press.
THE PETITION
According to the petition, the government on February 13, 1979, constituted an authentication committee for writing and printing history of the Liberation War. Dr Mofizullah Kabir was the committee chairman and Hasan Hafizur Rahman member-secretary. The books published by this committee in November 1982 were reprinted in December 2003. Both editions said Sheikh Mujibur Rahman declared independence on March 26, 1971. Besides, the petitioner says, the fact was recognised in the Proclamation of Independence. The Liberation War affairs ministry on approval of the then prime minister Khaleda Zia formed a committee to reprint the 15-volume books. Rejaul Karim, Prof M Moniruzzaman Mia, Prof Emazuddin Ahmed, Barrister Moinul Hossain, Dr Kamal Uddin Siddiqui, Prof Sirajul Islam, Prof KM Mohsin, Prof Abul Kalam Monjur Morshed and Prof Jasim Uddin Ahmed were members of the committee. In June 2004, the committee published the books giving an inaccurate report of the declaration of independence. During hearing of the petition, the court assigned Barrister M Amir-Ul Islam, one of those involved in framing the Proclamation of Independence, as amicus curiae (friend of the court) on the issue
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