New-> Article
on ' Najaat Dibosh 2008'
NAJAAT
DIBOSH 2008
An Appeal on the
Najat Day of 2008 to End the Miscarriage of Justice Inflicted against the
Army Men of the Victorious Coup of the 15th August 1975 for Toppling the BAKSALite
Autocracy for Restoring Multi-Party Democracy in Bangladesh.
Peoples’
Love for Democracy:
Historically the people of Bangladesh though overwhelmingly poor in economic
status have had proved themselves through many vicissitudes of trial and error
as lover of multi-party democratic order for government, politics and society.
That was what the people fought for in the past culminating in the independence
of 1971.
People
Betrayed by the Post 1971 Government Leader:
Unfortunately, the post 1971 government led by the one time ‘popular’
leader made a mess of everything, created a nightmare for the democracy and
freedom loving people almost on every account, banning all political parties
except the lone one of the leader himself having amended appellation, BKSAL
changed from the BAL (Bangladesh Awami League) that surfaced as unenlightened
autocracy and repressive dictatorship that the people could hardly relish
but, in addition, had also no peaceful democratic way out for open democratic
political culture.
The
Coup De’ta of Mid August 1975, Completed Full Recognition of Bangladesh:
The Historic victorious
Coup De’ta of the 15th August 1975, that toppled the BKSAL dictatorship
and the leader brought great relief for the people manifested in the spontaneous
support for the makers of the coup simultaneously supported by outside big
powers including the Peoples’ China, Saudi Arab etc. who did not recognize
the newly independent State and the Government during the period for over
three and a half years. Though the coup was known to be led by some mid level
army men, the full allegiance of all state organs including the Bangladesh
Army provided complete legitimacy of the coup.
Allegiance
of the Coup Makers to Multi-Party Democracy:
The coup makers went all their way out not to grab State power by themselves
that they could do but voluntarily offered it to the political leaders of
the same party who appeared more democratic and not BAKSALite autocratic.
Unfortunately, the well known fifth column being then active from within and
without though attempted to reverse the good fruits of the coup, but onward
move to multi-party democracy remained intact.
The
Coup Provided Legal Legitimacy to Amend the Constitution and Continuity:
As was fully lawful, the victorious coup provided for the 5th Amendment of
the Constitution in April 1979, that apart from some popular change made in
the State Principles and their continuity since then, additionally permitted
indemnity (the additional indemnity was only superfluous as victorious coup
is indemnified by itself in legal eye for the maxim FACTUM VALET) to the coup
makers for the unfortunate blood-letting during the coup on both sides. That
is why the coup heroes had enjoyed freedom for 21 years after 1975, and so
had their own vocations including some of them pursued political activities
through not only forming open political parties but also contesting in elections
in mid 1980s.
The
Vengeance of the 1996-2001 Government:
Since 23ed June 1996 after
Awami League formed a coalition government, Soon after assuming power there
had been gross miscarriage of justice during the reign of vindictively revengeful
Prime Minister Sheikh Hasina at every step of these fictitiously construed
trails. There are numerous evidences such as: (The life threats to the lawyers,
Procession led by the than sitting Home Minister Mr. Nasim with Bamboo Staves
in hand with utterance that should the judges fail to render desired verdict
then the his government and party knows how to obtain that, rounding up the
Court premise with party goons abusing the Judges in most dreadfully to scare
them, even under such precarious threats and risk of life a few judges of
the High Court expressed their embarrassment to try the cases. All these fiasco
and mockery of camera trials are well known to the countrymen. Through such
milieu the baseless trial is still hanging at the appellate division of the
Supreme Court.
It is most unfortunate,
that just because of sheer miscarriage of justice five valiant Freedom Fighters
and Army Officers are languishing in the death cells for more than twelve
years now in inhuman and unbearable conditions. The rest are leading a fugitive
life in exile.
The party that
after being toppled in August 1975, remained out of power for peoples’
wrath for 21 years, failing to get majority in the Parliament, formed the
Government of Bangladesh not all on its own but through unholy alliance, and
taking advantage of weaknesses of parliamentary mode, beginning on the unfortunate
day of the historic 23 June in1996, went out in sheer vengeance of the self-styled
autocratic and fascist leader in total disregard of the inherent indemnity
and violating the 5th Amendment and arrested the coup leaders staying as innocent
citizens in the country, grilled them inhumanly for weeks in special police
remand, tortured equally inhumanly in police remand one lady being the wife
(later on freed due to international pressure) one accused but failed to arrest
her husband, filed a baseless ‘murder’ case terming the 15th August
incident as a simple murder of the then fallen leader. The case has now being
dragged through three stages that for obvious reasons turned into what in
legal vocabulary is called MISCARRIAGE OF JUSTICE. Now being free of interference
of the political party vested interests, one should expect that the case now
pending at the Appellate Division of the Supreme Court would have an impartial
approach to ensure fairplay and justice and as such the verdict should be
different from the earlier death sentence to be compatible with a popularly
successful coup. The selfless patriotism of the heroes of 15th August and
7th November 1975 can surely be comparable with the ‘Saint Joan of Arc’
and thus deserve similar national recognition and honor.
It was the successful
overthrow of one party autocratic rule of BKSAL introduced by Sheikh Mujib
with successful revolutionary uprising of 15th August spear headed by the
patriotic members of the armed forces that allowed the people to regain the
fundamental rights along with rule of law and had been practicing democratic
politics over last three decades. The event of 7th November (Shipahi Jonotar
Biplob) was just the follow up action organized by the same revolutionaries
along with the people imbued with the same spirit that of 15th August. If
these two dare devil revolutions would not been successful then whole of Bangladesh
would have turned into the ‘Animal Farm’. (See ‘Animal Farm’
written by famous British writer Jorge Orwell). If Bangladesh was not salvaged
from the despotic tyrannical rule of sheikh Mujib from 1972-75, the entire
nation would have been persecuted under the suffocation of the steam roller
of ruthless one party dictatorship for indefinite period of time. Independence
and freedom would have remained as misnomer to the helpless people who had
sacrificed so direly for their freedom. This can’t be denied even by
anyone not even by the fifth columnists. There are many instances in the history
where for the cause of fundamental and democratic rights many despot and dictator
had to be violently overthrown by the revolutionaries because such rulers
always clams down on all constitutional avenues to bring any peaceful change
of government to perpetuate their power.
Some
historical evidence of indemnity of the Victorious Revolutionaries against
Autocrats:
In Britain the Autocratic
King Charles I had been toppled and executed in 1649 for his dishonoring democracy
and the Parliament. In 1793, the France King Louis XVI and Queen Marie Antoinette
had been executed by the revolutionaries of the historic French Revolution
against autocracy and for realizing democracy. In July 1917, the Soviet Revolutionaries
executed the Czar Nicholas II with all his family members even including one
disabled child of the family. None of the victorious revolutionaries in all
these cases faced any murder charge. The only exception happened to be in
Bangladesh obviously due to vengeance of the neo fascist autocrat who ruled
Bangladesh for five years during 1996 to 2001 A.D.
Neither
the 2001-2006 United Government did anything for ending the Miscarriage of
Justice:
The components of the united four parties combine government who ran the country
for five years during 2001 to 2006 and who by all accounts had been the best
beneficiaries of the 15th August 1975, change for democracy in Bangladesh
did nothing to end the gross miscarriage of justice, cynics say, for fear
of the Zuzu, as the vocabulary phrase in Bengali language goes.
The
Onus of the Caretaker Government (CG):
It is a matter of good fortune that the CG has been in the seat of power free
from interference by any political party pressure, and so they could immediately
rectify the miscarriage of justice in this crucial matter of the country’s
need for honoring continuity since August 1975. An executive order could be
enough to set free from the condemned cell of the Dhaka Central Prison the
five great freedom fighters and the patriots have been languishing there and
some others are in exile outside the country.
Failure to set
the heroes free from the miscarriage of justice, one would only be left to
wonder if they would be honored still several centuries long after just as
we had one example in the French history that took 489 years (1431-1930) for
Joan of Arc to be recognized as the Saint in 1920 A.D. from being burnt to
death in 1431 A.D. having had been blamed by some comprador clergies as a
‘witchcraft’!
M.T. Hussein
Chairman, National Security Foundation
P.O. Box No. 137
Dhaka-1000
