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Bangabandhu Murder Case

The legal process needs to be completed

Muhammad Zamir
LAST year, like many others, I welcomed the decision of the caretaker government to restore the sanctity of August 15 as the National Mourning Day. By doing so, they reaffirmed the belief of the people of this country that Bangabandhu was not only the Father of this Nation but also that what happened on the tragic night of 15 August 1975 was a crime whose Final adjudication needs to be completed.
That fateful day has just passed once again.
In the meantime, those responsible for the further prosecution of the case have clarified that the judicial course of action will be reconvened in the first week of October when the Supreme Court reopens after their long vacation. It has also been hinted that the process, in all likelihood, will end before Victory Day — the 16th of December. One can only hope that this time, we can walk the talk.
I have been re-reading for the past week a commendable work 'Bangabandhu: His life and politics' (in two volumes) as edited by Monaem Shorkar and published by the Bangla Academy. A comprehensive publication, filled with rare excerpts and photographs, it reveals a man who unwaveringly followed his dream of a separate homeland for the Bangladeshis. It highlights how, with courage and determination, Bangabandhu welcomed incarceration on several occasions, and despite that, stuck to his task and his conviction. He did not agree to compromises and halfway solutions. In that context, he became synonymous with an idea and eventually became the symbol of freedom and independence.
The work also sheds light on the different efforts undertaken by Bangabandhu, leader of the newly independent country, in successfully providing not only relief and rehabilitation to more than ten mil-lion displaced persons but also in the undertaking of measures to restore order and stability within a war-ravaged economy. There are also details about how he initiated steps towards the emergence of Bangladesh as a sovereign country in the arena of international relations.
However what touched me most was Chapter 7 in the Fifth Section of Volume Two — pages 720 to 742. It contains details of the assassination of the great leader, members of his immediate family and several others who were at that time on duty in his residence. There are also eye-
witness accounts of the horrific tragedy as it took place and of the situation immediately after (with the bodies of the victims still lying in several parts of the private residence of Bangabandhu, in and around Road J2 of Dhaka's Dhanmondi Residential Area).
Reading the accounts all over again, left me with a bitter taste in the mouth. How could we do what we did? How could we repay the unquestioned leader of the Bangalees with such damning cruelty? We were lucky to have Bangabandhu in our midst. Unfortunately, instead of profiting from his resolute leadership, we paid him back with murder.
The August putsch was carried out by certain sections of the armed forces and a group of disgruntled politicians. They roamed the streets of Dhaka and swept aside innocence, their eyes showing as much clarity as glass. The voice of liberty was snuffed out by the very men trained to save, rather than maim.
Murder was bad enough but what followed was even worse. On September 26, 1 975 through an Extraordinary Bangladesh Gazette Notification, the usurper President Khandaker Moshtaque Ahmed and his compliant Secretary of the Ministry of Law, Parliamentary Affairs and Justice informed the nation that under 'The Indemnity Ordinance, 1975 (Ordinance No. XIX)' restrictions had been put in place with regard to 'taking any legal or other proceedings in respect of certain acts or things done in connection with, or in preparation or execution of any plan for, or steps necessitating the historical change and the proclamation of Martial Law on the morning of the 15th August, 1975'. What an abuse of the English language!
The consequence of such lack of accountability was only natural. Murderers did not hesitate to commit another crime. That is exactly what happened on 3 November, 1975. Four prominent leaders of the Awami League, formerly Ministers, including the Acting President and the Prime Minister during our War of Liberation were brutally killed within the Dhaka Central Jail. A three member Judicial Commission, as expected, was immediately constituted to investigate the matter, but that was the end of that story. Nothing happened.
The Bangladesh Nationalist Party was eventually formed -- the beneficiary of the tragic scenario. Several opportunistic persons, devoid of principles, jumped into
its bandwagon and helped to destroy the basic pillars and ethos that had guided the efforts of the nation in the carrying out of the War of Liberation. Reactionaries and known collaborators (of the repressive and illegal Pakistani occupying forces) aided them in this regard.
The BNP leadership however forgot that what goes round usually comes around. Their espousal of lack of accountability for murder of innocent people came back to haunt the BNP through the assassination of President Ziaur Rahman in May 1981. This murder was however immediately addressed through the formation of a Special Tribunal. It found certain persons guilty of complicity in the crime and they were immediately executed.
Such a process of completion of the judicial process was however not available for those associated with the killings that took place on August 15, 1975. It took 21 years before the crime could be addressed. The Awami League government sworn into office in 1996 took two important steps -- the overturning of the iniquitous Indemnity provision and the initiation of a normal judicial process (not through a Special Tribunal) for trying those guilty of the crimes committed on 15 August. This measure commendably reiterated the belief of the aggrieved victims in the fairness of our Judiciary. The government also declared That day as the National Mourning Day and a public holiday.
Unfortunately, the new BNP Alliance government (elected to office in 2001) cast basic civility out of the window. Their obdurate disliking for Bangabandhu saw the Alliance government canceling on 28 July 2002 the observance of the National Mourning Day. This was politics of hatred at its worst. The judicial process pertain-
ing to the alleged killers of Bangabandhu was also more or less suspended through machinations between the politicised Judiciary and the government in power, k was amazing to see how the virus of embarrassment' spread within the echelons of the judicial hierarchy. Fortunately for the people, due process of law and the principles of natural justice were upheld on July 27, 2008 when the High Court declared illegal the cancellation of this significant Mourning Day.
I believe that the observance of this day as the National Mourning Day has reaffirmed the establishment of the rule of law.
However, reinstating this day as the National Mourning Day has only been just the first step. Like many others, I want to see a full conclusion of this process. We need to have a swift completion of the trial of those alleged to be killers. Steps also need to be taken to identify where those charged with the crime are present)^ residing (if they have not been appre* hended as yet) and to bring them to justice. Everyone must have his day in court and if found innocent, should be allowed to live as free citizen. The judicial process must be completed — the sooner the better. Without this, our homage to the great leader will sound hollow.
We, as a nation must move forward. Similarly, the final resolution will also underline that crime does not pay and indemnity is not available for anyone participating in a violent conspiracy that leads to mayhem and murder. A successful conclusion of this process will also enable us to subsequently address the completion of the course of action related to theWar Crimes Tri al.
Muhammad Zamr 6 a former Secretary and Ambassador and can be reached at mzamirgdhaka net