On this the 67th death anniversary of the Nobel Laureate poet - the gigantic poet of the world, Rabindranath Tagore, millions of Bengali speaking people remember him with heartfelt respect and love. The legendary poet died on this day (Shraban 22 of the Bengali month) in the year 1941.
Tagore’s contribution in Bengali language as well as literature is endless. So Rabindranath will be read and respected wherever there is Bengali spoken people are staying. Many of his literature were written in Bangladesh territory in Shilaidaha and Sajadpur. Most importantly notable that one of his songs 'Amar Sonar Bangla, Ami Tomai Bhalobashi……' is the national anthem of Bangladesh. How many people know that Indian national anthem is another song of Tagore?
Bengali is the primary language spoken in Bangladesh and is the second most spoken language in India. Nearly 240 million people speak Bengali as their mother-tongue. Bengali is one of the most spoken languages (ranking fifth or sixth) in the world.
People, who speak in Bengali, had fought for their mother tongue and for the supreme sacrifices made by Bangalee people for establishment of their language, the United Nations announced February 21 as the International Mother Language Day.
Nobody can confine a language with borders. Establishing Bangla as an official language of UN with a view to introducing the language across the world would also pave the way of understanding Tagore’s heritage in its original Bengali language version.
Thursday 6 August 2009
Tuesday 4 August 2009
Bangabandhu Murder Case Appeal Hearing Lingers On and On
After the murder of Bangabandhu Sheikh Mujibur Rahman and others no-one was allowed to file a case. The government of Khandker Mustaque Ahmed passed an ordinance in November 1975 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. Another death convict, lancer AKM Mohiuddin, made an appeal from jail after he was deported from the United States. A special bench of the Appellate Division, comprising Justice Tafazzal Islam, Justice Md Joynul Abedin and Justice Md Hassan Ameen, on September 23, 2007 granted leave to appeal.
The court also asked them to file regular appeals for hearing by October 30, 2007.
But the Appellate Division could not take up the appeals for hearing as most of its judges when they were in High Court Division felt embarrassed during earlier hearings in the case. As a result, there was not enough number of judges in the Appellate Division to form a full bench for such appeal hearings.
Six judges of the High Court Division and the Appellate Division felt embarrassed to hear the case. At one point there were only five judges in the Appellate Division and at least three judges were required for hearing the appeal. But the present 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 had to be counted out from the appeals hearing. Only Justice Tafazzal Islam and Justice Zainal Abedin could hear the appeal. Shah Abu Naim Mominur Rahman and Mohammad Abdul Aziz were later appointed to the Appellate Division.
Important legal questions are involved with this case. So a bigger bench with a greater number of judges should hear the appeal. Therefore President Zillur Rahman has appointed four new judges under article 94 (2) of the constitution to the Appellate Division.
The new judges are justice BK Das, ABM Khairul Haque, Mohammed Muzammel Hossain and Surendra Kumar Sinha. Their appointment will come into force from the day they are sworn in to office.
Seven other judges are of the Appellate division are chief justice MM Ruhul Amin, Mohammad Fazlul Karim, Mohammad Tafazzal Islam, Mohammad Jainul Abedin, Mohammad Abdul Matin, Shah Abu Naim Mominur Rahman and Mohammad Abdul Aziz.
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.
Resource: Online
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. Another death convict, lancer AKM Mohiuddin, made an appeal from jail after he was deported from the United States. A special bench of the Appellate Division, comprising Justice Tafazzal Islam, Justice Md Joynul Abedin and Justice Md Hassan Ameen, on September 23, 2007 granted leave to appeal.
The court also asked them to file regular appeals for hearing by October 30, 2007.
But the Appellate Division could not take up the appeals for hearing as most of its judges when they were in High Court Division felt embarrassed during earlier hearings in the case. As a result, there was not enough number of judges in the Appellate Division to form a full bench for such appeal hearings.
Six judges of the High Court Division and the Appellate Division felt embarrassed to hear the case. At one point there were only five judges in the Appellate Division and at least three judges were required for hearing the appeal. But the present 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 had to be counted out from the appeals hearing. Only Justice Tafazzal Islam and Justice Zainal Abedin could hear the appeal. Shah Abu Naim Mominur Rahman and Mohammad Abdul Aziz were later appointed to the Appellate Division.
Important legal questions are involved with this case. So a bigger bench with a greater number of judges should hear the appeal. Therefore President Zillur Rahman has appointed four new judges under article 94 (2) of the constitution to the Appellate Division.
The new judges are justice BK Das, ABM Khairul Haque, Mohammed Muzammel Hossain and Surendra Kumar Sinha. Their appointment will come into force from the day they are sworn in to office.
Seven other judges are of the Appellate division are chief justice MM Ruhul Amin, Mohammad Fazlul Karim, Mohammad Tafazzal Islam, Mohammad Jainul Abedin, Mohammad Abdul Matin, Shah Abu Naim Mominur Rahman and Mohammad Abdul Aziz.
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.
Resource: Online
Wednesday 3 June 2009
Mongla Port back in business - Good News
For the first time in the history of Mongla port a foreign vessel carrying the first consignment of 300 reconditioned cars imported from Japan will anchor at the port today. The unload of the 300 cars would be done within 24 hours of the arival of the ship. Mongla Port Authority will earn at least Tk 10 lakh in revenue.
Mongla Port to get back to life
Shamim Ashraf Shelley from Khulna
The country’s second seaport Mongla is struggling to get back to life after years of lull due to the negligence and adverse decisions of the past governments.
A number of projects are either in the process of implementation or approval to give the port a new lease of life.
As the first step, the authorities have abolished ‘Dock Shramik Parichalana Board,’ a body seen by port users and employees as one of the major reasons that made the port almost a deserted place over the years.
The port was established in 1950 by the side of Passure river at Chalna area under Dacope upazila in Khulna district. Later in 1954, the port was shifted to Mongla area on around 2000 acres of land under Mongla upazila in Bagerhat district. With a workforce of about 1400, the port has the capacity of handling 65 lakh metric tonnes of goods annually. But only 10 lakh MTs of goods were handled on an average in last few years as the number of ship arrivals dipped to its lowest.
Port officials, workers and users point the finger at infrastructure problems, poor navigability and inefficient handling of goods with obsolete machines that led to drastic fall in ship arrivals over the years.
All the dredging works were completely stopped since 2001 in the port’s channel. As a result, parts of the outer bar channel – about 47 km long from Hiron Point to Fairway Boya — were silted up, preventing the ships from sailing towards the port smoothly. Records show that a number of ships capsized or ran aground in the outer bar channel in last few years.
Besides, about 20 kilometers of the 80-km channel from Hiron Point to Mongla Port have become too narrow and shallow to be navigable. Preserving the depth and width of the channel is badly needed to keep the port active.
Port officials said no money was allocated for dredging since 2001 as the importance of the country’s second seaport was largely ignored during the period of the BNP government. No allocations were there to replace the loading and unloading tools like loader, heavy crane, fork lift, heavy lift, monkey crane, straddle carrier, which expired their economic life long ago. The port could utilize only one-sixth of its handling capacity as shipping lines gradually lost their interest to use the port for external trade.
Vessel arrivals came down to less than a third last year compared to the level of 10 years’ back.
Port records show 355 vessels arrived at the Mongla Port in the 1997-98 fiscal year, while the number dipped to 95 in 2007-08.
FOR CHART
1997- 98, 1998-99, 1999-2000, 2000- 01, 2001- 02, 2002- 03, 2003-04, 2004-05, 2005-06, 2006-07, 2007- 08 fiscal years 355, 381, 330, 313, 268, 207, 170, 142, 131, 110 and 95
The first six months of the 2008-09 fiscal year showed some signs of improvement as 65 ships came to the port during the period.
Labourers of the port said absence of dredging work in the channel, unusually long time and excessive workforce required for loading and unloading of goods due to use of outdated handling equipment, and huge irregularity and corruption in employing and managing labourers are the main reasons behind the declining interest of port users about Mongla Port.
They also alleged that the policies of the past 2001-06 BNP government were unfriendly and even hostile in some cases to Mongla Port.
Vice-president of Mongla Port Labourers’ Association Omor Faruk Sentu says the port has been pushed to the verge of destruction as no infrastructure development took place after 2001. The authorities’ negligence to procure efficient equipment to replace the worn-out handling tools and keep the channel navigable has rendered the port almost idle despite its tremendous potentials to serve as a gateway to the world not only for the country, but also for land-locked Nepal.
The port urgently needs capital hopper dredger, some modern equipment, a fuel depot of Bangladesh Petroleum Corporation and a silo for food grains at Joymoni, he lists.
The labour leader alleges that despite the government’s assurance of using the Mongla Port for channeling 40 percent of official import of food grains and fertilizers, only about 5 percent of the imports were made through this port.
The port could be more vibrant than now if the government could use the port as pledged, he believes.
Sentu accuses the BNP-led government of discriminating against Mongla Port in terms of fuel and fresh water supplies to foreign ships. “Many conditions are imposed on the Mongla Port which are not applicable for the Chittagong Port. This discrimination must end to save the port.”
Mongla Port Ship Chandlers’ Association president HM Dulal says the discriminator policy has driven foreign ships away from Mongla Port.
As per the government rule for Mongla Port, any foreign ship has to pay $1205 per tonne (1186 litres) of fuel (diesel) and $7 per tonne of fresh water, while the rate is $800 and $1.5 to $2 for Chittagong Port.
“Moreover, ships anchored at Mongla Port need to collect permissions and customs clearance for required supplies of fuel and water, causing lot of hassles and waste of time,” Dulal adds.
Labourers and their leaders, port officials and users say that the abolition of ‘Mongla Port Dock Shramik Parichalana Board’ will ease the process of Mongla Port revival. Cost of loading and unloading goods at the port has reduced to two-thirds of the previous level as the handling work now requires less labourers and time.
General secretary of Mongla Port Stevedores’ Association SM Zahid Hossain stresses the need for maintaining at least 9 metres’ depth between fairway boya and Mongla Port of the port channel to keep the port active.
Khulna Chamber of Commerce and Industry president Shaharuzzaman Mortuza demands immediate dredging activities in the channel and modernization of the port services to make port operational and spur the development of southwestern region of the country.
Mongla Port member (operations) M Lutfur Rahman acknowledges the limitations of the port. He singles out the lack of dredging work that led to abrupt fall in number of foreign vessel arrivals in last few years. He also shares the views that different policy for fuel and water supply also discouraged foreign ships.
The port official elaborates on the projects undertaken for development and modernization of the port. The ongoing projects are: Outer bar channel dredging of Passure channel worth Tk 58 crore, procurement of cargo handling equipment worth Tk 23 crore, navigational aid to Mongla Port worth Tk 23 crore and rehabilitation and reconstruction of infrastructure and other facilities damaged by Sidr worth about Tk 7.5 crore.
The projects that are in the process of approval are procurement of cutter suction dredger worth Tk 58 crore and procurement of pilot boat and pilot dispatch boat worth Tk 24.70 crore.
Two other projects requiring foreign funds are Tk 548 crore project for improvement and development of navigability of Passure Channel and a Tk 7.5 crore project to study the feasibility of Mongla Port improvement.
The port official believes that ship arrival will increase as the projects are being implemented. Bangladesh Reconditioned Vehicles Importers and Dealers Association has expressed its interest in using Mongla Port for vehicle imports as the port’s sheds can accommodate 3500 cars at a time and have the arrangements to increase the storage capacity, if needed. Car importers face acute storage crisis at the Chittagong Port, where hundreds of imported vehicles are often found kept in the open.
The Chittagong Custom House authorities on April 8 auctioned 304 luxury vehicles stuffed in Chittagong Port sheds for long, custom officials said. The vehicles included sedan cars, Pajero and Prado jeeps priced between Tk 20 lakh and 40 lakh. Customs and port officials said they were forced to go for the auction as importers were delaying deliveries and using the port sheds as their garage. Importers are allowed to keep vehicles at sheds for 30 days.
More than 4,000 imported vehicles were lying in the port sheds, causing space constraint. Mongla Port authorities say they have enough space for imported cars and hope car importers will now take interest about using the second port.
Tuesday June 2nd 2009
Business Report
The country’s second seaport Mongla is struggling to get back to life after years of lull due to the negligence and adverse decisions of the past governments.
A number of projects are either in the process of implementation or approval to give the port a new lease of life.
As the first step, the authorities have abolished ‘Dock Shramik Parichalana Board,’ a body seen by port users and employees as one of the major reasons that made the port almost a deserted place over the years.
The port was established in 1950 by the side of Passure river at Chalna area under Dacope upazila in Khulna district. Later in 1954, the port was shifted to Mongla area on around 2000 acres of land under Mongla upazila in Bagerhat district. With a workforce of about 1400, the port has the capacity of handling 65 lakh metric tonnes of goods annually. But only 10 lakh MTs of goods were handled on an average in last few years as the number of ship arrivals dipped to its lowest.
Port officials, workers and users point the finger at infrastructure problems, poor navigability and inefficient handling of goods with obsolete machines that led to drastic fall in ship arrivals over the years.
All the dredging works were completely stopped since 2001 in the port’s channel. As a result, parts of the outer bar channel – about 47 km long from Hiron Point to Fairway Boya — were silted up, preventing the ships from sailing towards the port smoothly. Records show that a number of ships capsized or ran aground in the outer bar channel in last few years.
Besides, about 20 kilometers of the 80-km channel from Hiron Point to Mongla Port have become too narrow and shallow to be navigable. Preserving the depth and width of the channel is badly needed to keep the port active.
Port officials said no money was allocated for dredging since 2001 as the importance of the country’s second seaport was largely ignored during the period of the BNP government. No allocations were there to replace the loading and unloading tools like loader, heavy crane, fork lift, heavy lift, monkey crane, straddle carrier, which expired their economic life long ago. The port could utilize only one-sixth of its handling capacity as shipping lines gradually lost their interest to use the port for external trade.
Vessel arrivals came down to less than a third last year compared to the level of 10 years’ back.
Port records show 355 vessels arrived at the Mongla Port in the 1997-98 fiscal year, while the number dipped to 95 in 2007-08.
FOR CHART
1997- 98, 1998-99, 1999-2000, 2000- 01, 2001- 02, 2002- 03, 2003-04, 2004-05, 2005-06, 2006-07, 2007- 08 fiscal years 355, 381, 330, 313, 268, 207, 170, 142, 131, 110 and 95
The first six months of the 2008-09 fiscal year showed some signs of improvement as 65 ships came to the port during the period.
Labourers of the port said absence of dredging work in the channel, unusually long time and excessive workforce required for loading and unloading of goods due to use of outdated handling equipment, and huge irregularity and corruption in employing and managing labourers are the main reasons behind the declining interest of port users about Mongla Port.
They also alleged that the policies of the past 2001-06 BNP government were unfriendly and even hostile in some cases to Mongla Port.
Vice-president of Mongla Port Labourers’ Association Omor Faruk Sentu says the port has been pushed to the verge of destruction as no infrastructure development took place after 2001. The authorities’ negligence to procure efficient equipment to replace the worn-out handling tools and keep the channel navigable has rendered the port almost idle despite its tremendous potentials to serve as a gateway to the world not only for the country, but also for land-locked Nepal.
The port urgently needs capital hopper dredger, some modern equipment, a fuel depot of Bangladesh Petroleum Corporation and a silo for food grains at Joymoni, he lists.
The labour leader alleges that despite the government’s assurance of using the Mongla Port for channeling 40 percent of official import of food grains and fertilizers, only about 5 percent of the imports were made through this port.
The port could be more vibrant than now if the government could use the port as pledged, he believes.
Sentu accuses the BNP-led government of discriminating against Mongla Port in terms of fuel and fresh water supplies to foreign ships. “Many conditions are imposed on the Mongla Port which are not applicable for the Chittagong Port. This discrimination must end to save the port.”
Mongla Port Ship Chandlers’ Association president HM Dulal says the discriminator policy has driven foreign ships away from Mongla Port.
As per the government rule for Mongla Port, any foreign ship has to pay $1205 per tonne (1186 litres) of fuel (diesel) and $7 per tonne of fresh water, while the rate is $800 and $1.5 to $2 for Chittagong Port.
“Moreover, ships anchored at Mongla Port need to collect permissions and customs clearance for required supplies of fuel and water, causing lot of hassles and waste of time,” Dulal adds.
Labourers and their leaders, port officials and users say that the abolition of ‘Mongla Port Dock Shramik Parichalana Board’ will ease the process of Mongla Port revival. Cost of loading and unloading goods at the port has reduced to two-thirds of the previous level as the handling work now requires less labourers and time.
General secretary of Mongla Port Stevedores’ Association SM Zahid Hossain stresses the need for maintaining at least 9 metres’ depth between fairway boya and Mongla Port of the port channel to keep the port active.
Khulna Chamber of Commerce and Industry president Shaharuzzaman Mortuza demands immediate dredging activities in the channel and modernization of the port services to make port operational and spur the development of southwestern region of the country.
Mongla Port member (operations) M Lutfur Rahman acknowledges the limitations of the port. He singles out the lack of dredging work that led to abrupt fall in number of foreign vessel arrivals in last few years. He also shares the views that different policy for fuel and water supply also discouraged foreign ships.
The port official elaborates on the projects undertaken for development and modernization of the port. The ongoing projects are: Outer bar channel dredging of Passure channel worth Tk 58 crore, procurement of cargo handling equipment worth Tk 23 crore, navigational aid to Mongla Port worth Tk 23 crore and rehabilitation and reconstruction of infrastructure and other facilities damaged by Sidr worth about Tk 7.5 crore.
The projects that are in the process of approval are procurement of cutter suction dredger worth Tk 58 crore and procurement of pilot boat and pilot dispatch boat worth Tk 24.70 crore.
Two other projects requiring foreign funds are Tk 548 crore project for improvement and development of navigability of Passure Channel and a Tk 7.5 crore project to study the feasibility of Mongla Port improvement.
The port official believes that ship arrival will increase as the projects are being implemented. Bangladesh Reconditioned Vehicles Importers and Dealers Association has expressed its interest in using Mongla Port for vehicle imports as the port’s sheds can accommodate 3500 cars at a time and have the arrangements to increase the storage capacity, if needed. Car importers face acute storage crisis at the Chittagong Port, where hundreds of imported vehicles are often found kept in the open.
The Chittagong Custom House authorities on April 8 auctioned 304 luxury vehicles stuffed in Chittagong Port sheds for long, custom officials said. The vehicles included sedan cars, Pajero and Prado jeeps priced between Tk 20 lakh and 40 lakh. Customs and port officials said they were forced to go for the auction as importers were delaying deliveries and using the port sheds as their garage. Importers are allowed to keep vehicles at sheds for 30 days.
More than 4,000 imported vehicles were lying in the port sheds, causing space constraint. Mongla Port authorities say they have enough space for imported cars and hope car importers will now take interest about using the second port.
Tuesday June 2nd 2009
Business Report
Potential of Mongla Port
Potential of Mongla Port
________________________
Syed Shahid Hossain
THE Mongla Sea Port is situated in the southwestern parts of Bangladesh. The previous name of this port was 'Chalna Port' but the place now has too shallow water and subsequently had to go further down to keep its navigability. The present place where the vessels berth is known as Mongla. During the Pakistan period this was an ideal anchorage port and, due to its advantageous position of having more than 17 jute mills located in Khulna and Jessore belt, was the busiest port of export of mainly jute and jute goods.
During that period, on average around 25/30 break bulk vessels usually called in the Mongla Port. But after liberation due to various kinds of vessels sinking, the port navigability has been affected as the wreckage of the sunken vessels could not be salvaged fully. Even after independence this port had handled different kinds of bulk cargo vessels like cement, fertilisers and wheat. Around 15 to 20 vessels used to anchor at this port per month .
With the introduction of Mongla Port Permanent Jetty, this port started handling on an average four to six feeder vessels per month for transhipment of cargo to Singapore and Colombo as well.
It is regrettable that during these 38 years of independence, though government has earned quite a substantial amount of money from this particular port, no development programme had been taken to keep it alive.
After independence, in addition to jute mills, a new export commodity has been added to the list of export items in Khulna -- shrimps. There are around 17-20 shrimps factories situated in and around Khulna -- Mongla highway. Khulna has become one of the biggest shrimps exporters of our country. These factories exports around 1000 container per year to USA, Europe and the Far East. But now this industrial city and port is limping in all respects with the deterioration of Mongla port, resulting in many workers and labourers losing their jobs.
The so-called Mongla EPZ has also been affected for not having adequate infrastructure facilities and also for want of gas supply. As we all know, energy has become a vital part of our day-to-day life and the Mongla EPZ will not attract foreign investors if we can't ensure gas supply to this region.
At one time, big break bulk vessels from the USA, Canada, Germany, France, Singapore and Japan had called at this port as it had discharging facilities on both sides of the vessels. The vessels were able to anchor at this port. Government comes and government goes but what we have seen is that the fate of the Mongla Port remains unchanged. Due to heavy siltation, the present river draught alongside the port jetty has come down to six meters from earlier 7.5 metres. Dredging is needed in the channels of the Mongla Port, specially the river Pussur, which is the main thoroughfare for vessels in and out of this port.
Now due to poor and shallow navigability, very few feeder vessels call at the Mongla Port. The foreign owners of these vessels however are too scared about their feeder vessels touching the river bed which may cause damage to their ships' bottom.
With the change of government many commitments were made to purchase a permanent dredger for the Mongla Port Authority. This would save foreign currency as well as make possible regular dredging to keep the channel and port navigable round the year. This decision was shelved by different ministries for years together and has never seen the light.
On the other hand, vessel owners are very reluctant to call at Mongla with their imports, being afraid of damaging their feeder vessels/break bulk vessels. We see the Chittagong Port has no space to keep cars yet we cannot divert these vessels to the Mongla Port because their desired draught is not available here. Another advantage of this port is that the world's biggest mangrove forest, called "The Sunderbans", is situated close to this port but we can't attract foreign tourists due to inadequate facilities like modern cruising boats, hotels, motels and security arrangements.
With the development of the Mongla Port, the government can also earn a huge amount of foreign currency if they can develop the port by dredging the port and build infrastructure facilities like that of the Chittagong Port. With the construction of "The Padma Multipurpose Bridge Project," access to the Mongla Port from the capital city of Dhaka will be only four hours' journey by road. It will be closer from the Chittagong Port.
We would like to request the proper authority to give priority to make this port effective by purchasing a dredger immediately and to revitalise so that it can run side by side like the Chittagong Port. At least 50 per cent of our total imports can be handled at this port. We talk about inviting Nepal and Kolkata to use this port but honestly speaking it is a far cry as in no way will India want to reduce their foreign earning by using our port.
We hope that a master plan for improvement of Mongla Port should be taken immediately and accordingly a foreign consultant should be appointed to prepare a long term plan for the use of this port. Before the completion of "The Padma Multipurpose Bridge Project", the port should be able to increase its draught, the channels, buoys and berthing facilities alongwith other equipment necessary to run it smoothly.
If these conditions are fulfilled, the Mongla Port can fully utilise its five permanent jetties and can earn a substantial amount of revenue for the government. We hope the ministries concerned would all come forward to save this port and mitigate the unemployment problem faced by the people in and around it.
Saturday May 23 2009
The Financial Express
________________________
Syed Shahid Hossain
THE Mongla Sea Port is situated in the southwestern parts of Bangladesh. The previous name of this port was 'Chalna Port' but the place now has too shallow water and subsequently had to go further down to keep its navigability. The present place where the vessels berth is known as Mongla. During the Pakistan period this was an ideal anchorage port and, due to its advantageous position of having more than 17 jute mills located in Khulna and Jessore belt, was the busiest port of export of mainly jute and jute goods.
During that period, on average around 25/30 break bulk vessels usually called in the Mongla Port. But after liberation due to various kinds of vessels sinking, the port navigability has been affected as the wreckage of the sunken vessels could not be salvaged fully. Even after independence this port had handled different kinds of bulk cargo vessels like cement, fertilisers and wheat. Around 15 to 20 vessels used to anchor at this port per month .
With the introduction of Mongla Port Permanent Jetty, this port started handling on an average four to six feeder vessels per month for transhipment of cargo to Singapore and Colombo as well.
It is regrettable that during these 38 years of independence, though government has earned quite a substantial amount of money from this particular port, no development programme had been taken to keep it alive.
After independence, in addition to jute mills, a new export commodity has been added to the list of export items in Khulna -- shrimps. There are around 17-20 shrimps factories situated in and around Khulna -- Mongla highway. Khulna has become one of the biggest shrimps exporters of our country. These factories exports around 1000 container per year to USA, Europe and the Far East. But now this industrial city and port is limping in all respects with the deterioration of Mongla port, resulting in many workers and labourers losing their jobs.
The so-called Mongla EPZ has also been affected for not having adequate infrastructure facilities and also for want of gas supply. As we all know, energy has become a vital part of our day-to-day life and the Mongla EPZ will not attract foreign investors if we can't ensure gas supply to this region.
At one time, big break bulk vessels from the USA, Canada, Germany, France, Singapore and Japan had called at this port as it had discharging facilities on both sides of the vessels. The vessels were able to anchor at this port. Government comes and government goes but what we have seen is that the fate of the Mongla Port remains unchanged. Due to heavy siltation, the present river draught alongside the port jetty has come down to six meters from earlier 7.5 metres. Dredging is needed in the channels of the Mongla Port, specially the river Pussur, which is the main thoroughfare for vessels in and out of this port.
Now due to poor and shallow navigability, very few feeder vessels call at the Mongla Port. The foreign owners of these vessels however are too scared about their feeder vessels touching the river bed which may cause damage to their ships' bottom.
With the change of government many commitments were made to purchase a permanent dredger for the Mongla Port Authority. This would save foreign currency as well as make possible regular dredging to keep the channel and port navigable round the year. This decision was shelved by different ministries for years together and has never seen the light.
On the other hand, vessel owners are very reluctant to call at Mongla with their imports, being afraid of damaging their feeder vessels/break bulk vessels. We see the Chittagong Port has no space to keep cars yet we cannot divert these vessels to the Mongla Port because their desired draught is not available here. Another advantage of this port is that the world's biggest mangrove forest, called "The Sunderbans", is situated close to this port but we can't attract foreign tourists due to inadequate facilities like modern cruising boats, hotels, motels and security arrangements.
With the development of the Mongla Port, the government can also earn a huge amount of foreign currency if they can develop the port by dredging the port and build infrastructure facilities like that of the Chittagong Port. With the construction of "The Padma Multipurpose Bridge Project," access to the Mongla Port from the capital city of Dhaka will be only four hours' journey by road. It will be closer from the Chittagong Port.
We would like to request the proper authority to give priority to make this port effective by purchasing a dredger immediately and to revitalise so that it can run side by side like the Chittagong Port. At least 50 per cent of our total imports can be handled at this port. We talk about inviting Nepal and Kolkata to use this port but honestly speaking it is a far cry as in no way will India want to reduce their foreign earning by using our port.
We hope that a master plan for improvement of Mongla Port should be taken immediately and accordingly a foreign consultant should be appointed to prepare a long term plan for the use of this port. Before the completion of "The Padma Multipurpose Bridge Project", the port should be able to increase its draught, the channels, buoys and berthing facilities alongwith other equipment necessary to run it smoothly.
If these conditions are fulfilled, the Mongla Port can fully utilise its five permanent jetties and can earn a substantial amount of revenue for the government. We hope the ministries concerned would all come forward to save this port and mitigate the unemployment problem faced by the people in and around it.
Saturday May 23 2009
The Financial Express
Friday 22 May 2009
little history of Gandhi's education, his Non-violence lesson and life in South Africa.
With respect to all, I love to share a little history of Gandhi's education, his Non-violence lesson and life in South Africa.
Education:
Gandhi attended Primary School at Porbandar. He joined High School at Rajkot. He was liked by the teachers and often received prizes. He passed the matriculation examination in 1887. He passed the matriculation exam from Samaldas College at Bhavnagar. On 4 September 1888, Gandhi traveled to London, England, to study law at University College London and to train as a barrister. He became as a Barrister, Inner Temple, London.
Non-violence lesson:
Gandhi was devoted to his father and considered it his duty to nurse him during his illness. In the High-School, he made friends with one Sheikh Mehtab, a bad character. He stuck to the friendship despite warnings from family-members. He wanted to reform Mehtab but failed. Mehtab induced him to meat-eating, saying that it made one strong and that the British were ruling India because they were meat-eaters. Gandhi was frail and used to be afraid even to go out alone in the dark. The argument appealed to him. Later, he realized that lying to his parents was worse than not eating meat, and abandoned the experiment. Mehtab once sent him to a brothel, but God’s grace saved him. He induced Gandhi to smoking. This once led to stealing. But all this became unbearable for Gandhi. He confessed his guilt to his father, who did not rebuke him but wept silently. Those tears cleaned Gandhi’s heart and taught him a lesson in nonviolence.
Gandhi in South Africa:
Gandhi returned to India as a Barrister. A South African firm Dada Abdulla and Co. asked for his assistance in a case. Gandhi eagerly agreed and sailed for South Africa in April 1893.
Problems of Indians in South Africa:
The small Indian community in South Africa was facing many problems at that time. It consisted mainly of indentured labourers and traders. The indentured labourers were taken there by the European landlords as there was acute labour shortage in South Africa. The condition of these labourers was like slaves. During 1860-1890 around 40,000 labourers were sent from India. Many of them settled there after their agreement periods were completed and started farming or business. The Europeans did not like it. They did not want free Indians in South Africa. They also found it difficult to face competition from Indian traders. Therefore the White Rulers imposed many restrictions and heavy taxes on the Indians. They were not given citizenship rights, like right to vote. They were treated like dirt and constantly humiliated. All Indians were called ‘coolies’. The newspapers carried out the propaganda that the Indians were dirty and uncivilized. The Indians could not travel in the railways and could not enter hotels meant for Europeans. They were hated and radically discriminated in all matters by the dominant White community.
Gandhi fights racial discrimination:
Right since his arrival, Gandhi began to feel the pinch of racial discrimination in South Africa. Indian community was ignorant and divided and therefore unable to fight it. In connection with his case, Gandhi had to travel to Pretoria. He was travelling in the first class, but a White passenger and railway officials asked him to leave the first class compartment. Gandhi refused, whereupon he was thrown out along with his luggage on the platform of Maritzburg station. It was a severely cold night. Gandhi spent the night shivering and thinking furiously. He ultimately made up his mind to stay in South Africa, fight the racial discrimination and suffer hardships. It was a historic decision. It transformed Gandhi.
He had also to travel some distance by a stage-coach. During this travel also, he was insulted and beaten. On reaching Pretoria, Gandhi called a meeting of the local Indians. There he learnt a lot about the condition of Indians. It was there that he made his first Public Speech and suggested formation of an association. He offered his services for the cause. Gandhi later settled the case, for which he had come, through arbitration. He then decided to return home. But at the farewell party, he came to know about a bill to restrict Indian franchise. Gandhi thought that it had grave implications. The people then pressed him to stay for some time. He agreed.
Gandhi’s first major fight had started. He addressed meetings petitioned to the legislative assembly, conducted a signature campaign. He also started regular legal practice there and soon became a successful and leading Lawyer. For sustained agitations, a permanent organisation was needed and the Natal Indian Congress was born. Illiterate indentured labourers also joined the struggle. A proposed tax on them was fought and got abolished after a fierce battle.
Source:online
Education:
Gandhi attended Primary School at Porbandar. He joined High School at Rajkot. He was liked by the teachers and often received prizes. He passed the matriculation examination in 1887. He passed the matriculation exam from Samaldas College at Bhavnagar. On 4 September 1888, Gandhi traveled to London, England, to study law at University College London and to train as a barrister. He became as a Barrister, Inner Temple, London.
Non-violence lesson:
Gandhi was devoted to his father and considered it his duty to nurse him during his illness. In the High-School, he made friends with one Sheikh Mehtab, a bad character. He stuck to the friendship despite warnings from family-members. He wanted to reform Mehtab but failed. Mehtab induced him to meat-eating, saying that it made one strong and that the British were ruling India because they were meat-eaters. Gandhi was frail and used to be afraid even to go out alone in the dark. The argument appealed to him. Later, he realized that lying to his parents was worse than not eating meat, and abandoned the experiment. Mehtab once sent him to a brothel, but God’s grace saved him. He induced Gandhi to smoking. This once led to stealing. But all this became unbearable for Gandhi. He confessed his guilt to his father, who did not rebuke him but wept silently. Those tears cleaned Gandhi’s heart and taught him a lesson in nonviolence.
Gandhi in South Africa:
Gandhi returned to India as a Barrister. A South African firm Dada Abdulla and Co. asked for his assistance in a case. Gandhi eagerly agreed and sailed for South Africa in April 1893.
Problems of Indians in South Africa:
The small Indian community in South Africa was facing many problems at that time. It consisted mainly of indentured labourers and traders. The indentured labourers were taken there by the European landlords as there was acute labour shortage in South Africa. The condition of these labourers was like slaves. During 1860-1890 around 40,000 labourers were sent from India. Many of them settled there after their agreement periods were completed and started farming or business. The Europeans did not like it. They did not want free Indians in South Africa. They also found it difficult to face competition from Indian traders. Therefore the White Rulers imposed many restrictions and heavy taxes on the Indians. They were not given citizenship rights, like right to vote. They were treated like dirt and constantly humiliated. All Indians were called ‘coolies’. The newspapers carried out the propaganda that the Indians were dirty and uncivilized. The Indians could not travel in the railways and could not enter hotels meant for Europeans. They were hated and radically discriminated in all matters by the dominant White community.
Gandhi fights racial discrimination:
Right since his arrival, Gandhi began to feel the pinch of racial discrimination in South Africa. Indian community was ignorant and divided and therefore unable to fight it. In connection with his case, Gandhi had to travel to Pretoria. He was travelling in the first class, but a White passenger and railway officials asked him to leave the first class compartment. Gandhi refused, whereupon he was thrown out along with his luggage on the platform of Maritzburg station. It was a severely cold night. Gandhi spent the night shivering and thinking furiously. He ultimately made up his mind to stay in South Africa, fight the racial discrimination and suffer hardships. It was a historic decision. It transformed Gandhi.
He had also to travel some distance by a stage-coach. During this travel also, he was insulted and beaten. On reaching Pretoria, Gandhi called a meeting of the local Indians. There he learnt a lot about the condition of Indians. It was there that he made his first Public Speech and suggested formation of an association. He offered his services for the cause. Gandhi later settled the case, for which he had come, through arbitration. He then decided to return home. But at the farewell party, he came to know about a bill to restrict Indian franchise. Gandhi thought that it had grave implications. The people then pressed him to stay for some time. He agreed.
Gandhi’s first major fight had started. He addressed meetings petitioned to the legislative assembly, conducted a signature campaign. He also started regular legal practice there and soon became a successful and leading Lawyer. For sustained agitations, a permanent organisation was needed and the Natal Indian Congress was born. Illiterate indentured labourers also joined the struggle. A proposed tax on them was fought and got abolished after a fierce battle.
Source:online
Friday 8 May 2009
Full observation of High Court on Fifth Amendment
The High Court made 22-point observations in its historical verdict that declared the fifth amendment to the constitution illegal. The Daily Star was provided with the observations by A Hossain and Associates, the counsel firm of the petitioners.
1. Constitution of Bangladesh is the embodiment of the will of the people of the Republic of Bangladesh.
2. Constitution is the supreme law and all other laws and actions must confirm to it.
3. Any law or action made in violation of the constitution is void.
4. All functionaries of the republic owe its existence to the Constitution.
5. The legislature, the executive and the judiciary are the three pillars of the republic, created by the constitution, as such, are bound by its provisions.
6. Likewise, the defence services, the civil services and all other services of the republic owe its existence to the constitution and must obey its commands.
7. Proclamation of emergency can only be made by the president of the republic on the advice of the prime minister, in case of imminent danger to the security of the republic.
8. No person can declare martial law; if any body does, he will be liable for high treason against the republic.
9. Constitution stipulates a democratic republic, run by the elected representatives of the people of Bangladesh but any attempt by any person or group of persons, how high so ever, to usurp an elected government, shall render them liable for high treason.
10. The taking over of powers of the Government of People's Republic of Bangladesh with effect from the morning of August 15, 1975 by Khandaker Mustaque Ahmed, an usurper, placing Bangladesh under martial law and his assumption of the office of the president of Bangladesh on August 20, 1975, were in clear violation of the constitution, as such, illegal, without lawful authority and without jurisdiction, consequently all his subsequent actions as the president of Bangladesh were illegitimate and void.
11. The making over of the office of president of Bangladesh, in favour of Justice Abu Sadaat Mohammad Sayem, on November 6, 1975, was beyond the ambit of the constitution.
12. The taking over of the office of president of Bangladesh and his such entering in the said office on November 6, 1975, by Justice Abu Sadaat Mohammad Sayem and his assumption of the chief martial law administrator and appointment of the deputy chief martial law administrators and the proclamation of November 8, 1975, were all in violation of the constitution, as such, all his subsequent functions and actions as such president and or the chief martial law administrator were illegitimate.
13. The handing over of the office of martial law administrator to Major General Ziaur Rahman BU, PSC, by the aforesaid Abu Sadaat Mohammad Sayem by the Third Proclamation on November 29, 1976, enabling the said Major General Ziaur Rahman to exercise all the powers of the chief martial law administrator being beyond the ambit of the constitution, was illegal, without lawful authority and without jurisdiction. Consequently, all his subsequent functions and actions as such (chief martial law administrator were illegitimate.
14. The nomination of Major General Ziaur Rahman, BU, to become the president of Bangladesh by Abu Sadaat Mohammad Sayem, the nominated president of Bangladesh, on April 21, 1977, and also the handing over of the office of president to him, being beyond the ambit of the constitution, was illegal, without lawful authority and without jurisdiction.
15. The assumption of office of the president of Bangladesh by Major General Ziaur Rahman, BU, on April 21, 1977, on nomination being beyond the ambit of the constitution was illegal, without any lawful authority. Consequently, all his subsequent functions and actions as such president of Bangladesh, without lawful authority and without Jurisdiction.
16. Since addition of Paragraph 3A to the fourth schedule to the constitution by the Proclamations (Amendment) Order 1977 (Proclamations Order No. 1 of 1977) dated April 23, 1977, and as amended by the Second Proclamation Order No. IV of 1978, was made by a usurper and a nominated president, the Paragraph 3A to the fourth schedule is illegal, void…in the eye of law.
17. The Referendum Order, 1977 (Martial Law Order No 1 of 1977) published on May 1, 1977, unknown to the constitution, being made only to ascertain the confidence of the people of Bangladesh in one person, namely, Major General Ziaur Rahman, BU.
18. Since Paragraph 18 to the fourth schedule (Transitional Provisions) of the constitution precluded judicial review defying and undermining the supremacy of the constitution, this provision is unconstitutional being beyond the power of parliament under Article 142 of the constitution.
19. MLRs including the MLR VII of 1977 are also illegal.
20. Violation of the constitution is a grave legal wrong and remains so for all time to come. It cannot be legitimised and shall remain illegitimate forever, however, on the necessity of the state only, such a legal wrong can be condoned in certain circumstances, invoking the doctrine of Salus Populiest suprema lex.
21. Condonation of certain acts and provisions has been made as stated above but such condonations are made not because those are legal but only in the interest of the republic, those shall remain illegitimate forever.
22. Condonations of provisions were made, among others, in respect of provisions, deleting the different provisions of Fourth Amendment. Condonation of provisions were also made in respect of the words "Bismillah-hir-Rahmanir Rahim" but the provision deleting the original four fundamental principles of the republic as enshrined in the original constitution was not condoned.
The Daily Star
Thu. September 01, 2005
1. Constitution of Bangladesh is the embodiment of the will of the people of the Republic of Bangladesh.
2. Constitution is the supreme law and all other laws and actions must confirm to it.
3. Any law or action made in violation of the constitution is void.
4. All functionaries of the republic owe its existence to the Constitution.
5. The legislature, the executive and the judiciary are the three pillars of the republic, created by the constitution, as such, are bound by its provisions.
6. Likewise, the defence services, the civil services and all other services of the republic owe its existence to the constitution and must obey its commands.
7. Proclamation of emergency can only be made by the president of the republic on the advice of the prime minister, in case of imminent danger to the security of the republic.
8. No person can declare martial law; if any body does, he will be liable for high treason against the republic.
9. Constitution stipulates a democratic republic, run by the elected representatives of the people of Bangladesh but any attempt by any person or group of persons, how high so ever, to usurp an elected government, shall render them liable for high treason.
10. The taking over of powers of the Government of People's Republic of Bangladesh with effect from the morning of August 15, 1975 by Khandaker Mustaque Ahmed, an usurper, placing Bangladesh under martial law and his assumption of the office of the president of Bangladesh on August 20, 1975, were in clear violation of the constitution, as such, illegal, without lawful authority and without jurisdiction, consequently all his subsequent actions as the president of Bangladesh were illegitimate and void.
11. The making over of the office of president of Bangladesh, in favour of Justice Abu Sadaat Mohammad Sayem, on November 6, 1975, was beyond the ambit of the constitution.
12. The taking over of the office of president of Bangladesh and his such entering in the said office on November 6, 1975, by Justice Abu Sadaat Mohammad Sayem and his assumption of the chief martial law administrator and appointment of the deputy chief martial law administrators and the proclamation of November 8, 1975, were all in violation of the constitution, as such, all his subsequent functions and actions as such president and or the chief martial law administrator were illegitimate.
13. The handing over of the office of martial law administrator to Major General Ziaur Rahman BU, PSC, by the aforesaid Abu Sadaat Mohammad Sayem by the Third Proclamation on November 29, 1976, enabling the said Major General Ziaur Rahman to exercise all the powers of the chief martial law administrator being beyond the ambit of the constitution, was illegal, without lawful authority and without jurisdiction. Consequently, all his subsequent functions and actions as such (chief martial law administrator were illegitimate.
14. The nomination of Major General Ziaur Rahman, BU, to become the president of Bangladesh by Abu Sadaat Mohammad Sayem, the nominated president of Bangladesh, on April 21, 1977, and also the handing over of the office of president to him, being beyond the ambit of the constitution, was illegal, without lawful authority and without jurisdiction.
15. The assumption of office of the president of Bangladesh by Major General Ziaur Rahman, BU, on April 21, 1977, on nomination being beyond the ambit of the constitution was illegal, without any lawful authority. Consequently, all his subsequent functions and actions as such president of Bangladesh, without lawful authority and without Jurisdiction.
16. Since addition of Paragraph 3A to the fourth schedule to the constitution by the Proclamations (Amendment) Order 1977 (Proclamations Order No. 1 of 1977) dated April 23, 1977, and as amended by the Second Proclamation Order No. IV of 1978, was made by a usurper and a nominated president, the Paragraph 3A to the fourth schedule is illegal, void…in the eye of law.
17. The Referendum Order, 1977 (Martial Law Order No 1 of 1977) published on May 1, 1977, unknown to the constitution, being made only to ascertain the confidence of the people of Bangladesh in one person, namely, Major General Ziaur Rahman, BU.
18. Since Paragraph 18 to the fourth schedule (Transitional Provisions) of the constitution precluded judicial review defying and undermining the supremacy of the constitution, this provision is unconstitutional being beyond the power of parliament under Article 142 of the constitution.
19. MLRs including the MLR VII of 1977 are also illegal.
20. Violation of the constitution is a grave legal wrong and remains so for all time to come. It cannot be legitimised and shall remain illegitimate forever, however, on the necessity of the state only, such a legal wrong can be condoned in certain circumstances, invoking the doctrine of Salus Populiest suprema lex.
21. Condonation of certain acts and provisions has been made as stated above but such condonations are made not because those are legal but only in the interest of the republic, those shall remain illegitimate forever.
22. Condonations of provisions were made, among others, in respect of provisions, deleting the different provisions of Fourth Amendment. Condonation of provisions were also made in respect of the words "Bismillah-hir-Rahmanir Rahim" but the provision deleting the original four fundamental principles of the republic as enshrined in the original constitution was not condoned.
The Daily Star
Thu. September 01, 2005
Wednesday 6 May 2009
BANGLADESH AND BENGALI PEOPLE
Bangladesh came to today's shape through a long history of political evolution.
With their ethnic and linguistic identity, their own customs and literature, the whole of Bengal was united. Bengal was probably the wealthiest part of the subcontinent up till the 16th century. The Bengali people have always fought to preserve their own identity and freedom. The great liberation war of 1971 is not a mere single fact, but one of the many historic facts, the final out-come of a long-lasting struggle for freedom.
The high ideals which inspired our heroic people to dedicate them to, and our brave martyrs to sacrifice their lives in the historic struggle for national liberation, and for an independent-sovereign People’s Republic of Bangladesh, were Nationalism, Socialism, Democracy and Secularism.
It was the Bengali PEOPLE, irrespective of their race, cast, class, gender, religion and status, struggled as one nation to uphold the ultimate goal of our historic liberation. Every one had played their individual part to accomplish the mission. There was a grater unity among the people than we have now. Indeed, there had always been some recognised traitors in our national history; some of them are still active, some of them have passed away.
To honour and to reach the destination of true aspiration of the great liberation war, it shall be a fundamental aim of the State to realise through the democratic process a socialist society, free from exploitation - a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens.
On this day we can achieve these goals by the elimination of: communalism in all forms; the granting by the state of political status in favour of any religion; the abuse of religion for political purposes; and any discrimination against, or persecution of persons practicing a particular religion.
With their ethnic and linguistic identity, their own customs and literature, the whole of Bengal was united. Bengal was probably the wealthiest part of the subcontinent up till the 16th century. The Bengali people have always fought to preserve their own identity and freedom. The great liberation war of 1971 is not a mere single fact, but one of the many historic facts, the final out-come of a long-lasting struggle for freedom.
The high ideals which inspired our heroic people to dedicate them to, and our brave martyrs to sacrifice their lives in the historic struggle for national liberation, and for an independent-sovereign People’s Republic of Bangladesh, were Nationalism, Socialism, Democracy and Secularism.
It was the Bengali PEOPLE, irrespective of their race, cast, class, gender, religion and status, struggled as one nation to uphold the ultimate goal of our historic liberation. Every one had played their individual part to accomplish the mission. There was a grater unity among the people than we have now. Indeed, there had always been some recognised traitors in our national history; some of them are still active, some of them have passed away.
To honour and to reach the destination of true aspiration of the great liberation war, it shall be a fundamental aim of the State to realise through the democratic process a socialist society, free from exploitation - a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens.
On this day we can achieve these goals by the elimination of: communalism in all forms; the granting by the state of political status in favour of any religion; the abuse of religion for political purposes; and any discrimination against, or persecution of persons practicing a particular religion.
Monday 4 May 2009
Einstein and Rabi-Tagore: A tribute to Rabindranath Tagore on his 148th birth anniversary (Baishakh 25)
Excerpts from Rasoul Sorkhabi’s historical notes – ‘Einstein and Indian minds: Tagore, Gandhi and Nehru’. (Edited and published by P. Balaram, Current Science Association, Bangalore. Printed at Lotus Printers, Bangalore.)
In reading Albert Einstein’s biographies, I noticed that he had connections withthree great Indian minds of the early twentieth century: Rabindranath Tagore(1861–1941), Mahatma Gandhi (1869–1948) and Jawaharlal Nehru(1889–1964).
Of course, Einstein as well as these three Indian leaders were famous in their lifetimes, so these connections should not come as a surprise. But my interest in this topic grew as I wondered what drew these great minds together. Einstein was not the type of person to be attracted to the exotic East for shallow sentimental reasons. This article chronicles Einstein’s connections with these three men, and shows how Einstein saw some of his ideas and ideals in the Indian mind embodied, to varying degrees, in Tagore, Gandhi and Nehru. Of all Einstein’s biographers, Abraham Pais has paid more attention to his Indian connections.
While, in writing this historical essay, I have benefited from Pais’ research, I have also added information and ideas using other sources. This year marks the fiftieth anniversary of Einstein’s death. This article is offered as homage to these four intellectual giants, and as a way of remembering some aspects of their lives and thoughts. However, the importance of this topic goes beyond this annual occasion because the first half of the twentieth century, during which these gentlemen lived, was devastated by two world wars, and as we are in the early years of a new century and as the world is still immersed in prejudice and violence, these great minds are quite relevant to our times and to our generation.
Einstein and ‘Rabbi’ Tagore
Einstein (born in 1879) was eighteen years younger than Tagore. Tagore won the Nobel Prize in literature in 1913; Einstein won the Nobel Prize in physics in 1922.
Einstein used to refer to Rabindranath Tagore as Rabbi Tagore. The first time they met each other was in Germany shortly before World War I. In 1912, Tagore visited Europe. His reminiscences of meeting with Einstein were published much later.
Tagore remarked: Einstein has often been called a lonely man. Insofar as the realm of the mathematical vision helps to liberate the mind from the crowded trivialities of daily, I suppose he is a lonely man. He is what might be called a transcendental materialism, which reaches the frontier of metaphysics, where there can be utter detachment from the entangling world of self. To me both science and art are expressions of our spiritual nature, above our biological necessities and possessed of an ultimate value . . . . Einstein is an excellent interrogator. We talked long and earnestly about my ‘religion of man’. He punctuated my thoughts with terse remarks of his own, and by his questions I could measure the trend of his own thinking.
During their discussion, an important difference of opinion between Tagore and Einstein revolved over whether there was truth in the world independent from human
mind.
Tagore argues that ‘the truth of the Universe is human truth . . . when our universe is in harmony with man, the eternal, we know it as truth, we feel it as beauty.’ Einstein replies: ‘I agree with regard to this conception of Beauty, but not with regard to Truth.’ Tagore insists that ‘truth is realized through man’. Einstein illustrates his point of view: ‘For instance, if nobody is in this house, yet that table remains where it is.’ To which Tagore replies: ‘Yes, it remains outside of the individual mind but not the universal mind. The table which I perceive is perceptible only by the same kind of consciousness which I possess.’ In his article, Tagore summarizes their discussion:‘I could see that Einstein held fast to the extra-human aspect of truth. But it is evident to me that, in human reason, facts assume a unity of truth which is only possible to a human mind.’ Einstein continued to believe in extrahuman existence of truth and even coined the term ‘objective reality’ to highlight his belief. The relation of truth to human mind seems to have occupied Einstein for decades. Pais remembers that in 1950 while accompanying Einstein on a walk from Princeton University to his home, Einstein ‘suddenly stopped, turned to me, and asked me if I really believed that the moon exists only if I look at it.’
The discussion between Einstein and Tagore is closely related to the ‘anthropic principle’ later developed in physics and cosmology even though it has escaped the attention of many authors.
In 1929, Tagore sent a postcard (dated 22 December) to Einstein from India: ‘My salutation is to him who knows me imperfect and loves me. My best wishes.’ It is not clear what the occasion was for sending this postcard; it may have been for new year’s greetings.
The second Einstein–Tagore meeting took place on 14 July 1930 at Einstein’s summer house in Caputh near Berlin. This dialogue was written down by a friend
who was present, and has been published both in India and in the USA. Most of their talks were about music. Einstein was not apparently happy with the second dialogue and wished that it had not been published.
On 30 September 1930, Romain Rolland wrote to Einstein asking him for a contribution to a book to be presented to Tagore on the occasion of his 70th birthday the following May. Einstein replied on 10 October 1930: I shall be glad to sign your beautiful text and to add a brief contribution. My conversation with Tagore was rather unsuccessful because of difficulties in communication and should, of course, never have been published. In my contribution, I should like to give expression to my conviction that men who enjoy the reputation of great intellectual achievement have an obligation to lend moral support to the principle of unconditional refusal of war service. Interestingly, two days after this letter, a manifesto was released by Einstein, Tagore and Rolland, appealing against conscription and the military training of youth.
The Golden Book of Tagore came out in 1931, and its preface was signed by Einstein, Gandhi and Rolland. Einstein’s contribution to the book reads: You are aware of the struggle of creatures that spring forth out of need and dark desires. You seek salvation in quiet contemplation and in the workings of beauty. Nursing these you have served mankind by a long, fruitful life, spreading a mild spirit, as has been proclaimed by the wise men of your people.
In May 1931, Tagore sent a postcard, written in Bengali and English, to Einstein thanking him for his tribute: ‘The same sun is newly born in new lands, in a ring of endless dawns.’
The third (and probably the last)Einstein–Tagore meeting took place on 14 December 1930 during Einstein’s one week visit to New York. No record of this meeting was ever published. We have the following telegram sent by Einstein aboard ship to Tagore: ‘I congratulate you from my heart with your meeting. May it be given to Tagore also on this occasion to work successfully in the service of his ideal to bringing nations together.’
In 1932, when Tagore was visiting Tehran, an Iranian mathematician asked his opinion about Einstein. This is what Tagore said: In addition to his reputation in mathematics and science, he is a good and kind man who has withdrawn himself from the world and its superficialities. He is devoted to humanity and peace. He is a sincere supporter of peace and has pledged his life to this cause. In his speeches in America he has expounded the harm of war and the benefits of peace. He is indeed a great man. He is in no way fanatic about race, and looks upon all peoples as equal. Einstein is the greatest thinker of this age.
More about Rabindranath Tagore-
http://sos-arsenic.net/lovingbengal/poems.html#1
http://search.nobelprize.org/search/nobel/?q=rabindranath+tagore&i=en
http://en.wikipedia.org/wiki/Rabindranath_Tagore
http://banglapost.blogspot.com/
In reading Albert Einstein’s biographies, I noticed that he had connections withthree great Indian minds of the early twentieth century: Rabindranath Tagore(1861–1941), Mahatma Gandhi (1869–1948) and Jawaharlal Nehru(1889–1964).
Of course, Einstein as well as these three Indian leaders were famous in their lifetimes, so these connections should not come as a surprise. But my interest in this topic grew as I wondered what drew these great minds together. Einstein was not the type of person to be attracted to the exotic East for shallow sentimental reasons. This article chronicles Einstein’s connections with these three men, and shows how Einstein saw some of his ideas and ideals in the Indian mind embodied, to varying degrees, in Tagore, Gandhi and Nehru. Of all Einstein’s biographers, Abraham Pais has paid more attention to his Indian connections.
While, in writing this historical essay, I have benefited from Pais’ research, I have also added information and ideas using other sources. This year marks the fiftieth anniversary of Einstein’s death. This article is offered as homage to these four intellectual giants, and as a way of remembering some aspects of their lives and thoughts. However, the importance of this topic goes beyond this annual occasion because the first half of the twentieth century, during which these gentlemen lived, was devastated by two world wars, and as we are in the early years of a new century and as the world is still immersed in prejudice and violence, these great minds are quite relevant to our times and to our generation.
Einstein and ‘Rabbi’ Tagore
Einstein (born in 1879) was eighteen years younger than Tagore. Tagore won the Nobel Prize in literature in 1913; Einstein won the Nobel Prize in physics in 1922.
Einstein used to refer to Rabindranath Tagore as Rabbi Tagore. The first time they met each other was in Germany shortly before World War I. In 1912, Tagore visited Europe. His reminiscences of meeting with Einstein were published much later.
Tagore remarked: Einstein has often been called a lonely man. Insofar as the realm of the mathematical vision helps to liberate the mind from the crowded trivialities of daily, I suppose he is a lonely man. He is what might be called a transcendental materialism, which reaches the frontier of metaphysics, where there can be utter detachment from the entangling world of self. To me both science and art are expressions of our spiritual nature, above our biological necessities and possessed of an ultimate value . . . . Einstein is an excellent interrogator. We talked long and earnestly about my ‘religion of man’. He punctuated my thoughts with terse remarks of his own, and by his questions I could measure the trend of his own thinking.
During their discussion, an important difference of opinion between Tagore and Einstein revolved over whether there was truth in the world independent from human
mind.
Tagore argues that ‘the truth of the Universe is human truth . . . when our universe is in harmony with man, the eternal, we know it as truth, we feel it as beauty.’ Einstein replies: ‘I agree with regard to this conception of Beauty, but not with regard to Truth.’ Tagore insists that ‘truth is realized through man’. Einstein illustrates his point of view: ‘For instance, if nobody is in this house, yet that table remains where it is.’ To which Tagore replies: ‘Yes, it remains outside of the individual mind but not the universal mind. The table which I perceive is perceptible only by the same kind of consciousness which I possess.’ In his article, Tagore summarizes their discussion:‘I could see that Einstein held fast to the extra-human aspect of truth. But it is evident to me that, in human reason, facts assume a unity of truth which is only possible to a human mind.’ Einstein continued to believe in extrahuman existence of truth and even coined the term ‘objective reality’ to highlight his belief. The relation of truth to human mind seems to have occupied Einstein for decades. Pais remembers that in 1950 while accompanying Einstein on a walk from Princeton University to his home, Einstein ‘suddenly stopped, turned to me, and asked me if I really believed that the moon exists only if I look at it.’
The discussion between Einstein and Tagore is closely related to the ‘anthropic principle’ later developed in physics and cosmology even though it has escaped the attention of many authors.
In 1929, Tagore sent a postcard (dated 22 December) to Einstein from India: ‘My salutation is to him who knows me imperfect and loves me. My best wishes.’ It is not clear what the occasion was for sending this postcard; it may have been for new year’s greetings.
The second Einstein–Tagore meeting took place on 14 July 1930 at Einstein’s summer house in Caputh near Berlin. This dialogue was written down by a friend
who was present, and has been published both in India and in the USA. Most of their talks were about music. Einstein was not apparently happy with the second dialogue and wished that it had not been published.
On 30 September 1930, Romain Rolland wrote to Einstein asking him for a contribution to a book to be presented to Tagore on the occasion of his 70th birthday the following May. Einstein replied on 10 October 1930: I shall be glad to sign your beautiful text and to add a brief contribution. My conversation with Tagore was rather unsuccessful because of difficulties in communication and should, of course, never have been published. In my contribution, I should like to give expression to my conviction that men who enjoy the reputation of great intellectual achievement have an obligation to lend moral support to the principle of unconditional refusal of war service. Interestingly, two days after this letter, a manifesto was released by Einstein, Tagore and Rolland, appealing against conscription and the military training of youth.
The Golden Book of Tagore came out in 1931, and its preface was signed by Einstein, Gandhi and Rolland. Einstein’s contribution to the book reads: You are aware of the struggle of creatures that spring forth out of need and dark desires. You seek salvation in quiet contemplation and in the workings of beauty. Nursing these you have served mankind by a long, fruitful life, spreading a mild spirit, as has been proclaimed by the wise men of your people.
In May 1931, Tagore sent a postcard, written in Bengali and English, to Einstein thanking him for his tribute: ‘The same sun is newly born in new lands, in a ring of endless dawns.’
The third (and probably the last)Einstein–Tagore meeting took place on 14 December 1930 during Einstein’s one week visit to New York. No record of this meeting was ever published. We have the following telegram sent by Einstein aboard ship to Tagore: ‘I congratulate you from my heart with your meeting. May it be given to Tagore also on this occasion to work successfully in the service of his ideal to bringing nations together.’
In 1932, when Tagore was visiting Tehran, an Iranian mathematician asked his opinion about Einstein. This is what Tagore said: In addition to his reputation in mathematics and science, he is a good and kind man who has withdrawn himself from the world and its superficialities. He is devoted to humanity and peace. He is a sincere supporter of peace and has pledged his life to this cause. In his speeches in America he has expounded the harm of war and the benefits of peace. He is indeed a great man. He is in no way fanatic about race, and looks upon all peoples as equal. Einstein is the greatest thinker of this age.
More about Rabindranath Tagore-
http://sos-arsenic.net/lovingbengal/poems.html#1
http://search.nobelprize.org/search/nobel/?q=rabindranath+tagore&i=en
http://en.wikipedia.org/wiki/Rabindranath_Tagore
http://banglapost.blogspot.com/
The drama of Moon Cinema continues - The HC verdict of 2005
The High Court on August 29, 2005 declared the fifth amendment to the constitution illegal, meaning the rules of Khandker Mushtaque Ahmed, Abu Sadaat Mohammad Sayem and Maj Gen Ziaur Rahman from August 15, 1975 to April 9, 1979 were unlawful.
The verdict came upon a decades-old writ petition that challenged the Martial Law Regulation (MLR) 7 of 1977, issued to legalise all illegal acts of the martial law government prior to that time.
The HC observed that martial law as a whole is illegal and unconstitutional and all the actions, laws, and rules made under martial law are illegal. The changes of governments between August 15, 1975 and the national elections of 1991 were not carried out constitutionally.
The HC bench of Justice ABM Khairul Haque and Justice ATM Fazle Kabir also said the constitution does not permit anyone to assume power by any means other than the ones mentioned in it. If anyone does so, it will amount to sedition.
The court, however, noted that although all government activities between August 15, 1975 and April 9, 1979 have been declared illegal, the history cannot be altered. Many of these illegal acts were done in the public interest. From this perspective, the court condones some of these actions that could have been done in line with the constitution.
The bench said Khandker Mushtaque Ahmed's assuming power with effect from the morning of 15th August, 1975 placing Bangladesh under martial law and his taking of office of the president of the country by the Proclamation of August 20, 1975 were in clear violation of the constitution and done without lawful authority.
"All his subsequent actions as the president were illegitimate and void," it observed.
Justice Abu Sadaat Mohammad Sayem's taking over office of the president on November 6, 1975 and his assumption of the powers of chief martial law administrator (CMLA) and appointing deputy CMLA (Ziaur Rahman) and the Proclamation of November 8, 1975 were all in violation of the constitution, which means all his functions and actions as the president or CMLA were illegitimate, the court observed in the verdict.
"Being beyond the ambit of the constitution, the handing over of the martial law authority's office to Maj Gen Ziaur Rahman by Abu Sadaat Mohammad Sayem by Third Proclamation on November 29, 1976, enabling the latter to exercise the powers of CMLA, was illegal and done without lawful authority. And it means subsequent functions and actions as CMLA were illegal and illegitimate," the bench announced.
Ziaur Rahman's becoming president on April 21, 1977 was also illegal, it added.
After passing of the court order petitioner's counsel ABM Siddiqur Rahman Khan said, "Some of the areas that the court condones are closed-transactions. For instance, incorporation of Bismillahir Rahmanir Rahim or resting trust on the Almighty Allah in the fifth amendment do not fall under the purview of illegality since the court feels that these could also have been done constitutionally."
With the pronouncement of the verdict, paragraph 3(a)1 of the fourth schedule of the constitution became illegal. The paragraph says, "The Proclamations of the 20th August, 1975, and 8th November, 1975, and Third Proclamation of the 29th November, 1976, and all other Proclamations and Orders amending or supplementing them, hereinafter in this paragraph collectively referred to as the said Proclamations and all Martial Law Regulations, Martial Law Orders and all other laws made during the period between the 15th day of August, 1975 and the date of revocation of the said Proclamations and withdrawal of Martial Law (both days inclusive), hereinafter in this paragraph referred to as the said period, shall be deemed to have been validly made and shall not be called in question in or before any Court or Tribunal on any ground whatsoever."
Paragraph 18 of the fourth schedule too became illegal. It says, "All Proclamations, Proclamation Orders, Marital Law Regulations, Martial Law Orders and other laws made during the period between the 15th August, 1975, and the 9th April, 1979 (both days inclusive), all amendments, additions, modifications, substitutions and omissions made in this Constitution during the said period by any such Proclamation, all orders made, acts and things done, and actions and proceedings taken, or purported to have been made, done or taken, by any person or authority during the said period in exercise of the powers derived or purported to have been derived from any such Proclamation, Martial Law Regulation, Marital Law Order or any other law, or in execution of or in compliance with any order made or sentence passed by any court, tribunal or authority in the exercise or purported exercise of such powers, are hereby ratified and confirmed and are declared to have been validly made, done or taken and shall not be called in question in or before any court, tribunal or authority on any ground whatsoever."
The verdict came in response to the writ petition filed by Masudul Alam on behalf of Bangladesh Italian Marble Works Company (BIMWC) to reclaim a cinema hall at Waizghat in Dhaka that the company lost during the military rule.
The BIMWC owned the Moon Cinema Hall at Waizghat. But after the independence, the cinema hall was declared abandoned and the government handed it over to the Muktijoddha Kalyan Trust. The marble company filed a writ petition in 1976, staking its claim on the theatre. In 1977, the HC asked the government to hand over the hall to the company. However, the MLR 7 negated the HC order, making the cinema hall continue to be an abandoned property.
In 1994, the BIMWC again filed a writ petition. But the HC and later the Appellate Division said that since the fifth amendment has validated the MLR 7, the company cannot claim ownership of the property.
In 2000, the BIMWC moved against the validity of MLR 7. The implications of the petition have turned out to be far-reaching as it hits a wide area of unconstitutional and undemocratic power transfers during the volatile mid-'70s.
While passing the judgment, the HC made a number of observations. It said actions, such as military law and military proclamation by anyone who has come to power unconstitutionally, would be considered illegal as unconstitutional actions can never be validated.
The constitution must take precedence over everything under any circumstances as it reflects the will of the people. Parliament, judiciary, administration, defence and everything else must remain accountable to the constitution.
In another observation, the HC bench said if the state declares a state of emergency, it must follow the constitution. Only the president can declare emergency in accordance with the constitutional provisions.
Monday, May 4, 2009
The Daily Star
The verdict came upon a decades-old writ petition that challenged the Martial Law Regulation (MLR) 7 of 1977, issued to legalise all illegal acts of the martial law government prior to that time.
The HC observed that martial law as a whole is illegal and unconstitutional and all the actions, laws, and rules made under martial law are illegal. The changes of governments between August 15, 1975 and the national elections of 1991 were not carried out constitutionally.
The HC bench of Justice ABM Khairul Haque and Justice ATM Fazle Kabir also said the constitution does not permit anyone to assume power by any means other than the ones mentioned in it. If anyone does so, it will amount to sedition.
The court, however, noted that although all government activities between August 15, 1975 and April 9, 1979 have been declared illegal, the history cannot be altered. Many of these illegal acts were done in the public interest. From this perspective, the court condones some of these actions that could have been done in line with the constitution.
The bench said Khandker Mushtaque Ahmed's assuming power with effect from the morning of 15th August, 1975 placing Bangladesh under martial law and his taking of office of the president of the country by the Proclamation of August 20, 1975 were in clear violation of the constitution and done without lawful authority.
"All his subsequent actions as the president were illegitimate and void," it observed.
Justice Abu Sadaat Mohammad Sayem's taking over office of the president on November 6, 1975 and his assumption of the powers of chief martial law administrator (CMLA) and appointing deputy CMLA (Ziaur Rahman) and the Proclamation of November 8, 1975 were all in violation of the constitution, which means all his functions and actions as the president or CMLA were illegitimate, the court observed in the verdict.
"Being beyond the ambit of the constitution, the handing over of the martial law authority's office to Maj Gen Ziaur Rahman by Abu Sadaat Mohammad Sayem by Third Proclamation on November 29, 1976, enabling the latter to exercise the powers of CMLA, was illegal and done without lawful authority. And it means subsequent functions and actions as CMLA were illegal and illegitimate," the bench announced.
Ziaur Rahman's becoming president on April 21, 1977 was also illegal, it added.
After passing of the court order petitioner's counsel ABM Siddiqur Rahman Khan said, "Some of the areas that the court condones are closed-transactions. For instance, incorporation of Bismillahir Rahmanir Rahim or resting trust on the Almighty Allah in the fifth amendment do not fall under the purview of illegality since the court feels that these could also have been done constitutionally."
With the pronouncement of the verdict, paragraph 3(a)1 of the fourth schedule of the constitution became illegal. The paragraph says, "The Proclamations of the 20th August, 1975, and 8th November, 1975, and Third Proclamation of the 29th November, 1976, and all other Proclamations and Orders amending or supplementing them, hereinafter in this paragraph collectively referred to as the said Proclamations and all Martial Law Regulations, Martial Law Orders and all other laws made during the period between the 15th day of August, 1975 and the date of revocation of the said Proclamations and withdrawal of Martial Law (both days inclusive), hereinafter in this paragraph referred to as the said period, shall be deemed to have been validly made and shall not be called in question in or before any Court or Tribunal on any ground whatsoever."
Paragraph 18 of the fourth schedule too became illegal. It says, "All Proclamations, Proclamation Orders, Marital Law Regulations, Martial Law Orders and other laws made during the period between the 15th August, 1975, and the 9th April, 1979 (both days inclusive), all amendments, additions, modifications, substitutions and omissions made in this Constitution during the said period by any such Proclamation, all orders made, acts and things done, and actions and proceedings taken, or purported to have been made, done or taken, by any person or authority during the said period in exercise of the powers derived or purported to have been derived from any such Proclamation, Martial Law Regulation, Marital Law Order or any other law, or in execution of or in compliance with any order made or sentence passed by any court, tribunal or authority in the exercise or purported exercise of such powers, are hereby ratified and confirmed and are declared to have been validly made, done or taken and shall not be called in question in or before any court, tribunal or authority on any ground whatsoever."
The verdict came in response to the writ petition filed by Masudul Alam on behalf of Bangladesh Italian Marble Works Company (BIMWC) to reclaim a cinema hall at Waizghat in Dhaka that the company lost during the military rule.
The BIMWC owned the Moon Cinema Hall at Waizghat. But after the independence, the cinema hall was declared abandoned and the government handed it over to the Muktijoddha Kalyan Trust. The marble company filed a writ petition in 1976, staking its claim on the theatre. In 1977, the HC asked the government to hand over the hall to the company. However, the MLR 7 negated the HC order, making the cinema hall continue to be an abandoned property.
In 1994, the BIMWC again filed a writ petition. But the HC and later the Appellate Division said that since the fifth amendment has validated the MLR 7, the company cannot claim ownership of the property.
In 2000, the BIMWC moved against the validity of MLR 7. The implications of the petition have turned out to be far-reaching as it hits a wide area of unconstitutional and undemocratic power transfers during the volatile mid-'70s.
While passing the judgment, the HC made a number of observations. It said actions, such as military law and military proclamation by anyone who has come to power unconstitutionally, would be considered illegal as unconstitutional actions can never be validated.
The constitution must take precedence over everything under any circumstances as it reflects the will of the people. Parliament, judiciary, administration, defence and everything else must remain accountable to the constitution.
In another observation, the HC bench said if the state declares a state of emergency, it must follow the constitution. Only the president can declare emergency in accordance with the constitutional provisions.
Monday, May 4, 2009
The Daily Star
Sunday 3 May 2009
Secularism--one of the four principles of the state to be restored in the constitution
5th Amendment Illegal
_____________________
Govt seeks withdrawal of appeal against HC verdict
___________________________________________________
The attorney general's office yesterday prayed to the Supreme Court for withdrawing the pending leave-to-appeal petitions against the High Court judgment that had declared illegal the fifth amendment to the constitution which endorses late president Ziaur Rahman's takeover and all acts since August 15, 1975.
Attorney General Mahbubey Alam made the prayer on behalf of the government while Additional Attorney General M Enayetur Rahim moved a similar prayer on behalf of Bangladesh Muktijoddha Kalyan Trust.
The BNP-Jamaat coalition government and Bangladesh Muktijoddha Kalyan Trust had filed two separate leave-to-appeal petitions with the SC against the HC verdict, which came on August 29, 2005 following a writ petition filed by Bangladesh Italian Marble Works Company (BIMWC).
Meanwhile, BNP Secretary General Khandaker Delwar Hossain yesterday filed an application with the apex court to make him an intervener of this case so that he can run an appeal with the court against the HC verdict.
The seven-member full bench of the Appellate Division, headed by Chief Justice MM Ruhul Amin, held hearing on the question whether Khandaker Delwar can be made an intervener of this case after withdrawal prayers have been filed. The SC will hold further hearing on the issue today.
Attorney General Mahbubey Alam told the court that the present government has decided not to proceed with the leave-to-appeal petitions against the HC verdict as it believes that the HC judgment, which was delivered on facts, documents and correct information, was correct, legal and justified.
He told reporters at his office that if the HC verdict is upheld following their withdrawal prayers, secularism--one of the four principles of the state--will automatically be restored in the constitution.
He, however, said incorporation of Bismillahir Rahmanir Rahim or resting trust on the Almighty Allah in the preamble of the constitution will remain upheld since the HC in its judgment had not objected to incorporation of these in the fifth amendment to the constitution.
If the HC verdict is kept valid, nobody will dare to illegally occupy state power in the future, he said.
The top law officer of the state said a certain quarter has been trying to mislead the people by saying that Bismillahir Rahmanir Rahim will not remain in the constitution if the HC verdict is upheld.
A few BNP lawyers have moved an application with the SC aimed at allowing BNP Secretary General Khandaker Delwar Hossain to serve this purpose, he said, urging all to remain cautious about their moves.
Earlier yesterday, barrister Ajmalul Hossain, counsel for the writ petitioner, argued before the SC that the nation has been hijacked every time military has ruled the country.
He said after the prayer for withdrawing the leave-to-appeal petitions, none can pray to the court to be an intervener of the case.
Advocate TH Khan and barrister Moudud Ahmed, counsels for Delwar, told the court yesterday that if the HC verdict is upheld, the continuation of governments and their actions from August 15, 1975 to April 9, 1979 will be hampered and a serious constitutional vacuum will be created.
TH Khan said the SC has already settled all the disputes regarding the rules from August 15, 1975 to April 9, 1979 in its historic judgement of the eighth amendment case. After the Appellate Division's verdict, the HC had no authority to declare and cancel the fifth amendment to the constitution, he said.
He also said the fifth amendment to the constitution should be upheld for the continuation of the rules and actions of the then governments.
On August 29, 2005, the HC declared the fifth amendment to the constitution illegal, which meant the rules of Khandker Mushtaque Ahmed, Abu Sadaat Mohammad Sayem and Maj Gen Ziaur Rahman from August 15, 1975 to April 9, 1979 were unlawful.
The court passed the verdict in response to a writ petition filed by Masudul Alam on behalf of the BIMWC to reclaim a cinema hall at Waizghat in Dhaka it had lost during the martial law rule.
The BIMWC once owned the Moon Cinema Hall at Waizghat. After the independence, the cinema hall was announced abandoned and the government handed it over to the Muktijoddha Kalyan Trust.
Following a prayer from the then BNP-led government the Appellate Division stayed the HC verdict on September 1, 2005.
Monday, May 4, 2009
The Daily Star
_____________________
Govt seeks withdrawal of appeal against HC verdict
___________________________________________________
The attorney general's office yesterday prayed to the Supreme Court for withdrawing the pending leave-to-appeal petitions against the High Court judgment that had declared illegal the fifth amendment to the constitution which endorses late president Ziaur Rahman's takeover and all acts since August 15, 1975.
Attorney General Mahbubey Alam made the prayer on behalf of the government while Additional Attorney General M Enayetur Rahim moved a similar prayer on behalf of Bangladesh Muktijoddha Kalyan Trust.
The BNP-Jamaat coalition government and Bangladesh Muktijoddha Kalyan Trust had filed two separate leave-to-appeal petitions with the SC against the HC verdict, which came on August 29, 2005 following a writ petition filed by Bangladesh Italian Marble Works Company (BIMWC).
Meanwhile, BNP Secretary General Khandaker Delwar Hossain yesterday filed an application with the apex court to make him an intervener of this case so that he can run an appeal with the court against the HC verdict.
The seven-member full bench of the Appellate Division, headed by Chief Justice MM Ruhul Amin, held hearing on the question whether Khandaker Delwar can be made an intervener of this case after withdrawal prayers have been filed. The SC will hold further hearing on the issue today.
Attorney General Mahbubey Alam told the court that the present government has decided not to proceed with the leave-to-appeal petitions against the HC verdict as it believes that the HC judgment, which was delivered on facts, documents and correct information, was correct, legal and justified.
He told reporters at his office that if the HC verdict is upheld following their withdrawal prayers, secularism--one of the four principles of the state--will automatically be restored in the constitution.
He, however, said incorporation of Bismillahir Rahmanir Rahim or resting trust on the Almighty Allah in the preamble of the constitution will remain upheld since the HC in its judgment had not objected to incorporation of these in the fifth amendment to the constitution.
If the HC verdict is kept valid, nobody will dare to illegally occupy state power in the future, he said.
The top law officer of the state said a certain quarter has been trying to mislead the people by saying that Bismillahir Rahmanir Rahim will not remain in the constitution if the HC verdict is upheld.
A few BNP lawyers have moved an application with the SC aimed at allowing BNP Secretary General Khandaker Delwar Hossain to serve this purpose, he said, urging all to remain cautious about their moves.
Earlier yesterday, barrister Ajmalul Hossain, counsel for the writ petitioner, argued before the SC that the nation has been hijacked every time military has ruled the country.
He said after the prayer for withdrawing the leave-to-appeal petitions, none can pray to the court to be an intervener of the case.
Advocate TH Khan and barrister Moudud Ahmed, counsels for Delwar, told the court yesterday that if the HC verdict is upheld, the continuation of governments and their actions from August 15, 1975 to April 9, 1979 will be hampered and a serious constitutional vacuum will be created.
TH Khan said the SC has already settled all the disputes regarding the rules from August 15, 1975 to April 9, 1979 in its historic judgement of the eighth amendment case. After the Appellate Division's verdict, the HC had no authority to declare and cancel the fifth amendment to the constitution, he said.
He also said the fifth amendment to the constitution should be upheld for the continuation of the rules and actions of the then governments.
On August 29, 2005, the HC declared the fifth amendment to the constitution illegal, which meant the rules of Khandker Mushtaque Ahmed, Abu Sadaat Mohammad Sayem and Maj Gen Ziaur Rahman from August 15, 1975 to April 9, 1979 were unlawful.
The court passed the verdict in response to a writ petition filed by Masudul Alam on behalf of the BIMWC to reclaim a cinema hall at Waizghat in Dhaka it had lost during the martial law rule.
The BIMWC once owned the Moon Cinema Hall at Waizghat. After the independence, the cinema hall was announced abandoned and the government handed it over to the Muktijoddha Kalyan Trust.
Following a prayer from the then BNP-led government the Appellate Division stayed the HC verdict on September 1, 2005.
Monday, May 4, 2009
The Daily Star
Kakon Bibi - A Freedom Fighter
Mushfique Wadud searches out Kakon Bibi, a Khasia woman and wife of a Pakistani soldier who helped the Mukti Bahini win over 20 battles until her eventual capture, torture, abandonment and poverty...
‘I won against Pakistan but lost to poverty’
____________________________________________
It is 1971. A secret midnight meeting is going on at Dowarapara Thana, Chhatak Upazilla of Sunamganj district. Silence and darkness permeate. The plan is to capture the enemy camp at Tengratilla. The Pakistani soldiers from this camp have been carrying out attacks on the Mukti Bahini for too long. But the Mukti Bahini commander has no information about the capacity or numbers of the enemy. Everyone at the meeting is tense. No one speaks. The long silence is broken by a woman.
'I will get you information about the Tengratilla camp,' she says. 'But how will you do that?' the commander asks her. She is the same woman who tends to the wounded freedom fighters. 'I will go there disguised as a beggar and collect information for you.'
She was successful in her task, and with her help, Mukti Bahini was able to capture Tengratilla camp.
That woman was Kakon Bibi. Like a professional spy, she would go out, sometimes as a beggar, sometimes a hawker, and sometimes a pedestrian, and collect information about the Pakistani camp's capacity. During the war of liberation, Dowarapara area was an important front for freedom fighters in Sylhet as the area was at the border. With the help of Kakon Bibi, the freedom fighters of this area defeated the Pakistani soldiers. Kakon Bibi provided strong support in 20 operations of Mukti Bahini in this area. In the East Banglabazaar fight, in the Dowarabazaar fight, the Tengratilla fight, the Roshlay fight, the Betigoan fight, the Kandigoan fight and the Mohabbatpur fight, Kakon Bibi was the main reason for Mukti Bahini's success. Kakon Bibi maintained contact with Sector Commander Mir Shawkat Ali and supplied important information to him.
'I knew that one bullet could easily end my life as I wandered as a beggar, but the Pakistan Army's inhumane activities stirred me to do what I did,' she says.
Kakon Bibi now lives in Lokhipur village, Dowarapara Thana in Sunamganj district. She is difficult to reach. After arriving in Sylhet, we had to go to Chhatok of Sunamganj district. From Chhatok we went to Dowarapara by boat and then by CNG auto-rickshaw. From there to Kakon Bibi's home in Lokhipur, there is no easy route. Part of the road was traversed by motorbike and the rest on foot. In a remote corner of the village of Lokhipur, Kakon Bibi's home is situated. She was homeless earlier until she got a tiny plot of land from the government. She lives in this house with her daughter, son-in-law and two grand-daughters.
We arrived at her house at around 4pm. She had not eaten lunch. 'It is no exception for me. Many a day I stay without having a single meal, as I have no son and my son-in-law is the only earning member of my family,' she says.
Known as 'Khasia Mukti beti'in this area, Kakon Bibi was born in Tripura, India. She belongs to the Khasia ethnic minority. She had an affair with a Bangladeshi, Shahed Ali. For him, she migrated to Bangladesh from India. At the same time she converted to Islam and took the name Nurjahan Begum. Kakon Bibi is her nickname. She then married Abdul Majid Khan, a Pakistani border security jawan. The rest of her family members remained in India. Even now her three brothers live in India, financially much better off than she.
'Her brothers wanted to take her to India but she refused to leave Bangladesh,' says Sokhina, Kakon Bibi's daughter. When asked why she did not go to India though she was living in poverty here, Kakon Bibi says 'I love Bangladesh. Though I was born in India, Bangladesh is my soul. I fought for Bangladesh and I will never leave this country.'
In 1971, when the war of independence started, Kakon Bibi could not get any news about her husband Abdul Majid Khan. She became anxious. In the meantime, she met some members of the Mukti Bahini. When she was asked to work for Mukti Bahini she agreed, thinking that she might find out her husband's whereabouts while visiting different places with them. Then she became a spy for the Mukti Bahini. Initially when she was asked why she came to the Pakistani camp, she told them that she was in search of her husband, Abdul Majid Khan. The Pakistani officials contacted other camps with the wireless network to ask whether there was a soldier by the name of Abdul Majid Khan and learned that Kakon Bibi was Majid Khan's wife. Then the Pakistani Army officials requested her to work for them. Kakon Bibi agreed, and did not demur when they asked her to find out about the Mukti Bahini. They gave her a document that would verify her mission with other Pakistani camps and said 'If Pakistani soldiers find you, they will help you when they see this document. But if you are caught by Mukti Bahini soldiers, you must eat this paper.'
'I told them that I would follow their instructions exactly. They trusted me,' Kakon Bibi says. She assured the Pakistani soldiers that she would work for and act as their spy on the Mukti Bahini, but even the written document helped her in her role of double agent. 'They thought I supported the Pakistani army as my husband was a Pakistani soldier, but I did the opposite,' she says.
Once she was caught, the Pakistani Army showed her no pity. 'The Pakistani soldiers tortured me by pressing white-hot iron into my flesh, all over my body. Till today, I can feel the burns,' she says.
When the war ended, her husband returned to Pakistan but did not take Kakon Bibi with him, as she was an ally of Mukti Bahini. To support herself financially, she started a grocery shop. She and her daughter spent days and nights in this shop. But within time she lost her shop due to lack of capital. Then she started to work on farming lands. When she could not manage her livelihood anymore, she started begging ' the same profession she had pretended to take up to help the Mukti Bahini. 'Finding no other way, I had to become a beggar. This is also my fight. A fight against poverty,' she says.
The brave woman who was so vital in freeing the country now leads a miserable life. 'I was successful in the fight against the Pakistan Army, but I failed in my fight against the poverty,'she says. 'Now I cannot even manage two meals a day.'
However, Kakon Bibi is not a beggar now - though perilously close to one. After the publication of a report on her begging status in some dailies, the government and some other organisations extended aid to her in 1997. But the help ended there. Now she is almost back to her begging life. According to her, as a freedom fighter she now receives Tk 5000 every six months from the government. This amount is not enough for her to live on. 'I do not have a son. My son-in-law is the only earning member of my family. He is a van driver. In this profession he does not get enough money to manage our five member family. So we are struggling to survive,' she says.
'Some days ago I went to the local Union Parishad Chairman Amirul's office to collect VGF card. He said 'Hey woman, get out of my office. You won't get anything from us' she says. 'I risked my life for this country, and now I must receive foul words like 'Get out' from Amirul,' she says with tears.
Kakon Bibi's daughter Sokhina says that some days ago the local Union Parishad chairman made a list of freedom fighters but Kakon Bibi was not on that list. 'When I asked why my mother is not on the list, the chairman Amirul told us 'You are the government's people. You won't get any help and won't be listed.' she says.
Independence Day will have many programmes and many people celebrating, but on that day, Kakon Bibi may not have a single meal. 'How much longer will I fight against poverty? At the age of 85 I want to live a peaceful life. I want to live a poverty-free life,' Kakon Bibi says.
www.newagebd.com
Read more about her in Bangla -
http://www.gunijan.org/GjProfDetails.php?GjProfId=184
‘I won against Pakistan but lost to poverty’
____________________________________________
It is 1971. A secret midnight meeting is going on at Dowarapara Thana, Chhatak Upazilla of Sunamganj district. Silence and darkness permeate. The plan is to capture the enemy camp at Tengratilla. The Pakistani soldiers from this camp have been carrying out attacks on the Mukti Bahini for too long. But the Mukti Bahini commander has no information about the capacity or numbers of the enemy. Everyone at the meeting is tense. No one speaks. The long silence is broken by a woman.
'I will get you information about the Tengratilla camp,' she says. 'But how will you do that?' the commander asks her. She is the same woman who tends to the wounded freedom fighters. 'I will go there disguised as a beggar and collect information for you.'
She was successful in her task, and with her help, Mukti Bahini was able to capture Tengratilla camp.
That woman was Kakon Bibi. Like a professional spy, she would go out, sometimes as a beggar, sometimes a hawker, and sometimes a pedestrian, and collect information about the Pakistani camp's capacity. During the war of liberation, Dowarapara area was an important front for freedom fighters in Sylhet as the area was at the border. With the help of Kakon Bibi, the freedom fighters of this area defeated the Pakistani soldiers. Kakon Bibi provided strong support in 20 operations of Mukti Bahini in this area. In the East Banglabazaar fight, in the Dowarabazaar fight, the Tengratilla fight, the Roshlay fight, the Betigoan fight, the Kandigoan fight and the Mohabbatpur fight, Kakon Bibi was the main reason for Mukti Bahini's success. Kakon Bibi maintained contact with Sector Commander Mir Shawkat Ali and supplied important information to him.
'I knew that one bullet could easily end my life as I wandered as a beggar, but the Pakistan Army's inhumane activities stirred me to do what I did,' she says.
Kakon Bibi now lives in Lokhipur village, Dowarapara Thana in Sunamganj district. She is difficult to reach. After arriving in Sylhet, we had to go to Chhatok of Sunamganj district. From Chhatok we went to Dowarapara by boat and then by CNG auto-rickshaw. From there to Kakon Bibi's home in Lokhipur, there is no easy route. Part of the road was traversed by motorbike and the rest on foot. In a remote corner of the village of Lokhipur, Kakon Bibi's home is situated. She was homeless earlier until she got a tiny plot of land from the government. She lives in this house with her daughter, son-in-law and two grand-daughters.
We arrived at her house at around 4pm. She had not eaten lunch. 'It is no exception for me. Many a day I stay without having a single meal, as I have no son and my son-in-law is the only earning member of my family,' she says.
Known as 'Khasia Mukti beti'in this area, Kakon Bibi was born in Tripura, India. She belongs to the Khasia ethnic minority. She had an affair with a Bangladeshi, Shahed Ali. For him, she migrated to Bangladesh from India. At the same time she converted to Islam and took the name Nurjahan Begum. Kakon Bibi is her nickname. She then married Abdul Majid Khan, a Pakistani border security jawan. The rest of her family members remained in India. Even now her three brothers live in India, financially much better off than she.
'Her brothers wanted to take her to India but she refused to leave Bangladesh,' says Sokhina, Kakon Bibi's daughter. When asked why she did not go to India though she was living in poverty here, Kakon Bibi says 'I love Bangladesh. Though I was born in India, Bangladesh is my soul. I fought for Bangladesh and I will never leave this country.'
In 1971, when the war of independence started, Kakon Bibi could not get any news about her husband Abdul Majid Khan. She became anxious. In the meantime, she met some members of the Mukti Bahini. When she was asked to work for Mukti Bahini she agreed, thinking that she might find out her husband's whereabouts while visiting different places with them. Then she became a spy for the Mukti Bahini. Initially when she was asked why she came to the Pakistani camp, she told them that she was in search of her husband, Abdul Majid Khan. The Pakistani officials contacted other camps with the wireless network to ask whether there was a soldier by the name of Abdul Majid Khan and learned that Kakon Bibi was Majid Khan's wife. Then the Pakistani Army officials requested her to work for them. Kakon Bibi agreed, and did not demur when they asked her to find out about the Mukti Bahini. They gave her a document that would verify her mission with other Pakistani camps and said 'If Pakistani soldiers find you, they will help you when they see this document. But if you are caught by Mukti Bahini soldiers, you must eat this paper.'
'I told them that I would follow their instructions exactly. They trusted me,' Kakon Bibi says. She assured the Pakistani soldiers that she would work for and act as their spy on the Mukti Bahini, but even the written document helped her in her role of double agent. 'They thought I supported the Pakistani army as my husband was a Pakistani soldier, but I did the opposite,' she says.
Once she was caught, the Pakistani Army showed her no pity. 'The Pakistani soldiers tortured me by pressing white-hot iron into my flesh, all over my body. Till today, I can feel the burns,' she says.
When the war ended, her husband returned to Pakistan but did not take Kakon Bibi with him, as she was an ally of Mukti Bahini. To support herself financially, she started a grocery shop. She and her daughter spent days and nights in this shop. But within time she lost her shop due to lack of capital. Then she started to work on farming lands. When she could not manage her livelihood anymore, she started begging ' the same profession she had pretended to take up to help the Mukti Bahini. 'Finding no other way, I had to become a beggar. This is also my fight. A fight against poverty,' she says.
The brave woman who was so vital in freeing the country now leads a miserable life. 'I was successful in the fight against the Pakistan Army, but I failed in my fight against the poverty,'she says. 'Now I cannot even manage two meals a day.'
However, Kakon Bibi is not a beggar now - though perilously close to one. After the publication of a report on her begging status in some dailies, the government and some other organisations extended aid to her in 1997. But the help ended there. Now she is almost back to her begging life. According to her, as a freedom fighter she now receives Tk 5000 every six months from the government. This amount is not enough for her to live on. 'I do not have a son. My son-in-law is the only earning member of my family. He is a van driver. In this profession he does not get enough money to manage our five member family. So we are struggling to survive,' she says.
'Some days ago I went to the local Union Parishad Chairman Amirul's office to collect VGF card. He said 'Hey woman, get out of my office. You won't get anything from us' she says. 'I risked my life for this country, and now I must receive foul words like 'Get out' from Amirul,' she says with tears.
Kakon Bibi's daughter Sokhina says that some days ago the local Union Parishad chairman made a list of freedom fighters but Kakon Bibi was not on that list. 'When I asked why my mother is not on the list, the chairman Amirul told us 'You are the government's people. You won't get any help and won't be listed.' she says.
Independence Day will have many programmes and many people celebrating, but on that day, Kakon Bibi may not have a single meal. 'How much longer will I fight against poverty? At the age of 85 I want to live a peaceful life. I want to live a poverty-free life,' Kakon Bibi says.
www.newagebd.com
Read more about her in Bangla -
http://www.gunijan.org/GjProfDetails.php?GjProfId=184
Friday 24 April 2009
The 1972 constitution and our national unity
Even if we call the 1972 constitution a fruit of our national unity it gets better flavour, no doubt. Thanks for that. The great liberation war breaking all the class barriers in the society created great opportunity for a great national unity, but unfortunately country’s political luck was never great.
The concept I had in bringing the topic out on board was to highlight the fact that the 1972 constitution has been changed over the years in a manner that the Great National Unity and the Secular standard, we are talking about, in my view, no more exist.
We have even changed the Preamble of the constitution by which Secularism, one of the four fundamental principles of the constitution was omitted.
It was the first paragraph of the Preamble of the 1972 constitution: We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March 1971 and through [a historic struggle for national liberation], established the independent, sovereign People’s Republic Bangladesh. Later the words “a historic war for national independence” were substituted.
‘Pleading that the high ideals of Nationalism, Socialism, Democracy and Secularism, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the historic struggle for national liberation, shall be the fundamental principles of our constitution’ – This was the second paragraph of the Preamble in [original] 1972 constitution.
The substituted second paragraph which is the present paragraph doesn’t have ‘secularism’, and instead ‘absolute trust and faith in the Almighty Allah’ was later incorporated.
Part II of the constitution which states the fundamental principles of state policy was changed as well. A new clause 1A in Article 8 was inserted which reads – ‘absolute trust and faith in the Almighty Allah shall be the basis of all actions’.
Articles 9 and 10 were substituted for the former articles 9 and 10.
Article 12 – ‘Secularism and freedom of religion’ as fundamental principles of state policy, in the 1972 constitution, was also omitted from the constitution. But was not replaced by a new article.Now we don’t have any Article 12 in our constitution. We have 11 and 13.
Article 12 of the constitution of 1972 contained provisions which strictly prohibited political party based on religion and banned the use of religion for materisalising any political interest. Unfortunately, these provisions were omitted from the constitution during the post 1975 period and the religion based politics started in the country.
Article 12 of the constitution stated that the principle of secularism shall be realized by the elimination of: Communalism in all forms; the granting by the state of political status in favour of any religion; the abuse of religion for political purposes; and any discrimination against, or persecution of persons practicing a particular religion.
Article 38, paragraph 2 of the 1972 constitution was also deleted, which stated: No person shall have the right to form or be a member or otherwise take part in the activities of, any communal or other association or union, which in the name or on the basis of any religion has for its object, or pursues a political purpose.
Further, we have inserted a new Article 2A, which reads – ‘the state religion of the Republic is Islam, but other religions may be practised in peace and harmony in the Republic’.
From language movement to the great liberation war, even in earlier movements against British colonial rule, Bengali people struggled as one nation, irrespective of their race, cast, sex and religion. Many of our people sacrificed their lives for the mother land and mother tongue. There were Muslims, Hindus, Buddhists and others.
The word secularism is more or less confusing to most of the people of Bangladesh. In fact, is there any universal notion of secularism? Now the question is whether the western notion of secularism is applicable to our country or not.
No doubt Bangladesh was born out of the fundamental principles of democracy, socialism, Bengali nationalism and secularism.
In defining secularism we must consider Bangladesh as a pluralist society in both religious and cultural aspects. So, implementing secularism in Bangladesh is relatively an easier task compared with other Muslim countries. Most of Bangladeshi, we keep liberal outlook and traditionally believe in the principle of peaceful coexistence with other religious communities.
While defining secularism in 1972 constitution, Bangabandhu had crystal clear conception of secularism of the land. To him secularism was not to discard religion. Rather he was eager to promote all religions and bring religious harmony in the country.
There have been extensive militant networks operating world wide for years, and they kept growing under the government’s nose. Not surprisingly Bangladesh is no exception.
It is now also clear that there are some foreign investments that patronise militant activities round the globe. Testimonies of some arrested militants suggest that they are well-equipped and well-funded to carry out so-called ‘revolution’ in Bangladesh.
I pray to all that you keep your eyes open.
It is important to note here that one of our sector commanders in our great liberation war 1971 was Mr. C.R. Dutta. He said: ‘We didn’t fight for liberation in 1971 for making Islam state religion. The spirit of war of liberation was to establish a nation free from communalism.’
Now, my question - under the pesent constitution what class of Citizen Mr. Dutta is? It is really matter of sadness. Is it not the repeat of pre-liberation treatment to us by Pakistani junta, when we could not have our mother-tongue as of our right, when we were not allowed to take higher posts and positions in the then administration and so on? Are we not treating our own people differently? Are we secular liberal Bangladeshi? Are we not discriminating? If our constitution fails to guarantee the true equal Rights of our people, that constitution can not be called a fruit of our national UNITY. That fruit is bound to be a rotten fruit, not a ripen fruit.
The concept I had in bringing the topic out on board was to highlight the fact that the 1972 constitution has been changed over the years in a manner that the Great National Unity and the Secular standard, we are talking about, in my view, no more exist.
We have even changed the Preamble of the constitution by which Secularism, one of the four fundamental principles of the constitution was omitted.
It was the first paragraph of the Preamble of the 1972 constitution: We, the people of Bangladesh, having proclaimed our Independence on the 26th day of March 1971 and through [a historic struggle for national liberation], established the independent, sovereign People’s Republic Bangladesh. Later the words “a historic war for national independence” were substituted.
‘Pleading that the high ideals of Nationalism, Socialism, Democracy and Secularism, which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the historic struggle for national liberation, shall be the fundamental principles of our constitution’ – This was the second paragraph of the Preamble in [original] 1972 constitution.
The substituted second paragraph which is the present paragraph doesn’t have ‘secularism’, and instead ‘absolute trust and faith in the Almighty Allah’ was later incorporated.
Part II of the constitution which states the fundamental principles of state policy was changed as well. A new clause 1A in Article 8 was inserted which reads – ‘absolute trust and faith in the Almighty Allah shall be the basis of all actions’.
Articles 9 and 10 were substituted for the former articles 9 and 10.
Article 12 – ‘Secularism and freedom of religion’ as fundamental principles of state policy, in the 1972 constitution, was also omitted from the constitution. But was not replaced by a new article.Now we don’t have any Article 12 in our constitution. We have 11 and 13.
Article 12 of the constitution of 1972 contained provisions which strictly prohibited political party based on religion and banned the use of religion for materisalising any political interest. Unfortunately, these provisions were omitted from the constitution during the post 1975 period and the religion based politics started in the country.
Article 12 of the constitution stated that the principle of secularism shall be realized by the elimination of: Communalism in all forms; the granting by the state of political status in favour of any religion; the abuse of religion for political purposes; and any discrimination against, or persecution of persons practicing a particular religion.
Article 38, paragraph 2 of the 1972 constitution was also deleted, which stated: No person shall have the right to form or be a member or otherwise take part in the activities of, any communal or other association or union, which in the name or on the basis of any religion has for its object, or pursues a political purpose.
Further, we have inserted a new Article 2A, which reads – ‘the state religion of the Republic is Islam, but other religions may be practised in peace and harmony in the Republic’.
From language movement to the great liberation war, even in earlier movements against British colonial rule, Bengali people struggled as one nation, irrespective of their race, cast, sex and religion. Many of our people sacrificed their lives for the mother land and mother tongue. There were Muslims, Hindus, Buddhists and others.
The word secularism is more or less confusing to most of the people of Bangladesh. In fact, is there any universal notion of secularism? Now the question is whether the western notion of secularism is applicable to our country or not.
No doubt Bangladesh was born out of the fundamental principles of democracy, socialism, Bengali nationalism and secularism.
In defining secularism we must consider Bangladesh as a pluralist society in both religious and cultural aspects. So, implementing secularism in Bangladesh is relatively an easier task compared with other Muslim countries. Most of Bangladeshi, we keep liberal outlook and traditionally believe in the principle of peaceful coexistence with other religious communities.
While defining secularism in 1972 constitution, Bangabandhu had crystal clear conception of secularism of the land. To him secularism was not to discard religion. Rather he was eager to promote all religions and bring religious harmony in the country.
There have been extensive militant networks operating world wide for years, and they kept growing under the government’s nose. Not surprisingly Bangladesh is no exception.
It is now also clear that there are some foreign investments that patronise militant activities round the globe. Testimonies of some arrested militants suggest that they are well-equipped and well-funded to carry out so-called ‘revolution’ in Bangladesh.
I pray to all that you keep your eyes open.
It is important to note here that one of our sector commanders in our great liberation war 1971 was Mr. C.R. Dutta. He said: ‘We didn’t fight for liberation in 1971 for making Islam state religion. The spirit of war of liberation was to establish a nation free from communalism.’
Now, my question - under the pesent constitution what class of Citizen Mr. Dutta is? It is really matter of sadness. Is it not the repeat of pre-liberation treatment to us by Pakistani junta, when we could not have our mother-tongue as of our right, when we were not allowed to take higher posts and positions in the then administration and so on? Are we not treating our own people differently? Are we secular liberal Bangladeshi? Are we not discriminating? If our constitution fails to guarantee the true equal Rights of our people, that constitution can not be called a fruit of our national UNITY. That fruit is bound to be a rotten fruit, not a ripen fruit.
Wednesday 22 April 2009
Homage to William A S Ouderland (Bir Pratik) (1917-2001)
Dutch-Australian William A S Ouderland was honoured with the state insignia of 'Bir Pratik ', the fourth highest gallantry award by the government of Bangladesh for his very active participation in and heroic contribution, to the WAR OF LIBERATION in 1971. He is the only foreigner to receive this honorary award by the government of Bangladesh. An Australian national Ouderland was born at Amsterdam in Netherland on 6 December 1917. At the age of seventeen he took a job in the Bata Shoe Company as Shoe-shiner (1934). After two years he left the job and joined National Service and was a Sergeant in the Royal Signal Corps (1936). He left the service in 1940 and then participated in the Second World War (1939-1945) as a guerilla commando of the Dutch army.
Ouderland first came to Dhaka in late 1970 with an assignment as the Production Manager of Bata Shoe Company. Within a few months he was promoted to the post of Company Manager. With the beginning of the War of Liberation the company-manager Ouderland discovered in him the ex-soldier Ouderland facing a new war. At the initial stage he engaged himself in communicating secret intelligence on the plans and actions of the occupation army to the freedom fighters.
As a foreigner he had the access to Pak-army and thereby the opportunity to move in the army headquarters and often attend meetings of the army officers in the cantonment. He helped the freedom fighters in every possible way by supplying provisions and financial support. With his experience in the Second World War as a guerilla commando and himself being an active member of a guerilla branch of the freedom fighters of Sector 2, he imparted regular training to the freedom fighters in guerilla warfare at different secret camps in Tongi including the Bata Shoe Factory premises.
On 25 March 1971, rising political discontent and cultural nationalism in East Pakistan was met by brutal suppressive force from the ruling elite of the West Pakistan establishment in what came to be termed Operation Searchlight. He was moved by the killings of the Pakistan Army on 25 March and took photos which he sent to the international media. A war between the West Pakistan Army and guerrilla force, the Mukti Bahini, started immediately. Guerrilla operations, which slacked during the training phase, picked up after August. Economic and Military targets in Dhaka were attacked. Ouderland organized the guerrilla warfare in Dhaka. He built a friendly relationship with 22nd Baluch Regiment captain Sultan Newaz and penetrated into Dhaka cantonment. Subsequently he created close relation with Governor General Tikka Khan and Adviser Civil Affairs Major General Rao Forman Ali. He became a "Distinguished Friend" of A. A. K. Niazi at the headquarters of Eastern Command and managed a security pass to contact with them frequently. Besides Ouderland continued gathering information for the Mukti Bahini and sent it to Major ATM Haider of Sector-2 and Ziaur Rahman.
Inside his office of the Bata Company in Tongi, Ouderland organized and trained the guerrilla fighters of Mukti Bahini. He planned and directed a number of guerrilla operations in Dhaka and nearby areas. He provided the fighters with food and medicine and often gave them shelter. Simultaneously, he gave a tremendous service at the initial stage of the Liberation War by collecting photographs on the inhuman torture and genocide by the occupation army in East Pakistan, and sending them to the world news media thereby creating public opinion in favour of Liberation War. On this point he wrote, "I recollected and resumed in myself the experiences of my youth in Europe, and I felt that I should get the world informed of what was happening in Bangladesh".
William AS Ouderland continued his service in the Bata Shoe Company with his later elevated position as Managing Director till 1978 when he retired and returned back to Australia and settled there for the rest of his life. He died on 18 May 2001 in a hospital at Perth in West Australia leaving behind him his wife Maria and his only daughter. In his last days he was often found telling his wife and daughter, "Bangladesh mon amor (Bangladesh is our love). Maintain this flow of emotion for the generation to come". In 1998, he was invited by the Prime Minister of Bangladesh, Sheikh Hasina, to receive the award and certificate but was unable to attend due to illness.
Courtesy: en.wikipedia.org/banglapedia.net/
Ouderland first came to Dhaka in late 1970 with an assignment as the Production Manager of Bata Shoe Company. Within a few months he was promoted to the post of Company Manager. With the beginning of the War of Liberation the company-manager Ouderland discovered in him the ex-soldier Ouderland facing a new war. At the initial stage he engaged himself in communicating secret intelligence on the plans and actions of the occupation army to the freedom fighters.
As a foreigner he had the access to Pak-army and thereby the opportunity to move in the army headquarters and often attend meetings of the army officers in the cantonment. He helped the freedom fighters in every possible way by supplying provisions and financial support. With his experience in the Second World War as a guerilla commando and himself being an active member of a guerilla branch of the freedom fighters of Sector 2, he imparted regular training to the freedom fighters in guerilla warfare at different secret camps in Tongi including the Bata Shoe Factory premises.
On 25 March 1971, rising political discontent and cultural nationalism in East Pakistan was met by brutal suppressive force from the ruling elite of the West Pakistan establishment in what came to be termed Operation Searchlight. He was moved by the killings of the Pakistan Army on 25 March and took photos which he sent to the international media. A war between the West Pakistan Army and guerrilla force, the Mukti Bahini, started immediately. Guerrilla operations, which slacked during the training phase, picked up after August. Economic and Military targets in Dhaka were attacked. Ouderland organized the guerrilla warfare in Dhaka. He built a friendly relationship with 22nd Baluch Regiment captain Sultan Newaz and penetrated into Dhaka cantonment. Subsequently he created close relation with Governor General Tikka Khan and Adviser Civil Affairs Major General Rao Forman Ali. He became a "Distinguished Friend" of A. A. K. Niazi at the headquarters of Eastern Command and managed a security pass to contact with them frequently. Besides Ouderland continued gathering information for the Mukti Bahini and sent it to Major ATM Haider of Sector-2 and Ziaur Rahman.
Inside his office of the Bata Company in Tongi, Ouderland organized and trained the guerrilla fighters of Mukti Bahini. He planned and directed a number of guerrilla operations in Dhaka and nearby areas. He provided the fighters with food and medicine and often gave them shelter. Simultaneously, he gave a tremendous service at the initial stage of the Liberation War by collecting photographs on the inhuman torture and genocide by the occupation army in East Pakistan, and sending them to the world news media thereby creating public opinion in favour of Liberation War. On this point he wrote, "I recollected and resumed in myself the experiences of my youth in Europe, and I felt that I should get the world informed of what was happening in Bangladesh".
William AS Ouderland continued his service in the Bata Shoe Company with his later elevated position as Managing Director till 1978 when he retired and returned back to Australia and settled there for the rest of his life. He died on 18 May 2001 in a hospital at Perth in West Australia leaving behind him his wife Maria and his only daughter. In his last days he was often found telling his wife and daughter, "Bangladesh mon amor (Bangladesh is our love). Maintain this flow of emotion for the generation to come". In 1998, he was invited by the Prime Minister of Bangladesh, Sheikh Hasina, to receive the award and certificate but was unable to attend due to illness.
Courtesy: en.wikipedia.org/banglapedia.net/
Mr Ouderland’s Letter
Dear Mr Faridi
Thank you for your letter of January 24, 1997 advising your effort to
gather and preserve for the future generations of
relevant and vital information and facts about the struggle of the Bengali
people for Freedom and independence commencing in 1971.
As one who was intimately involved in this struggle. I am writing to
give you the information you requested. Firstly concerning my self
and then to share with you some recollections of the 1971 struggle.
I was born on December 1917 in
in the grip of the third year of the First World War. I was
conscripted for National service in 1936 shortly after I had commenced my employment with the Bata Shoe Company. Shortly before my mother land was
invaded by
Signals Corp. IN the face of the might of Adolf Hitlar's German Junta,
equipped with sophisticated Tank and other massive weapons my platoon
of 36 men then were simply armed with short rifles and twelve rounds of
ammunitions each. As we went out to face this enemy, flying overhead
was the huge fleet of Germen warplanes headed for
space of half an hour, 30,000 innocent Dutch citizen died as result of their
massive air attack. Following this blitzkrieg of
issued and ultimatum to the other cities of
Within week the Dutch,
domination of Germen Junta.
Having escape form the POW camp after short internment, I joined the
Dutch underground assistance movement. As I spoke fluent Germen and
several Dutch dialects. I befriended the germen high command and was
thus able to help the Dutch underground movement as well as the allied
forces with the vital information. Therefore, when the even of March 1971
started with Tanks of Pakistani forces rolling in to
experience of my younger days in
and predicament of the Bengali people and this motivated me to spring in
to action on their behalf. As a result of indiscriminate and cruel actions of this invading
Pakistani Junta, thousands of Bangali died in the ensuing week.
I felt that
I was able to
Pakistanis against the innocent people which including young children. I was
able to pass these photos to the world press to high light the plight of the
Bengali people.
Deeply touched and move by the almost unbearable sufferings and atrocities I
witness of the cruel and oppressive occupying force. I secretly began Guerrilla movement
with the brave Bengalis at Bata Tongi and all around sectors 1 and 2. In addition, and as an
expatriate CEO of an international company, I had the company of the occupying Pakistani
high command. This enables me to help the Bengali freedom fighters. I trained and worked
with in relation to their Guerilla activities. All these
love and affection I felt for the Bengali
There is much more I could say in details but it is near impossible
because I am now retired and almost blind.
I have enclosed an album of Photograph cataloguing the atrocities of
the occupying Pakistani army and the untold suffering of the Bengali
people. Also include are photos of some of the brave freedom fighters
whom I consider as my sons.
I hope this will be some help to your worth while endeavour and I
wish you every success.
Your sincerely
W. A
22 February 1997
Note:
This letter was send by Mr Ouderland to one of our freedom fighters Mr
Faridi in 1997 and later it was publish in a magazine in
with Photograph.
Courtesy: banglaweb.com
Friday 17 April 2009
DID BANGABANDHU ACTUALLY PARDON ALL WAR CRIMINALS?
Contrary to the misconception that all the war criminals have been pardoned
If a society that allows the war criminals to roam around free for so many years, it is not at all surprising that such a society will become a breeding ground for criminals. The trial of those who actively opposed Bangladesh's liberation by taking up arms to fight for the occupying Pakistani army has been one of the unfinished legacies of our history.
The process of trial of the war criminals was originally began in 1972 and stopped abruptly after the assignation of the country’s founding president Sheikh Mujibur Rahman in August 1975.
A total of 37,000 war criminals were arrested between 1972 and 1975.
Twenty-six thousands (26,000) of the detainees with records of minor offence, were pardoned under a general amnesty announced by Mujib government, in which the accused against whom there was no clear evidence of killing, rape, arson and looting were given clemency. There was this clause that even those who were pardoned if new allegations of killing, rape, arson and looting turned up against them they could be tried.
But the trial process of 11,000 others, against whom there was clear evidence of killing, rape, arson and looting was on. Among them 752 were handed down with sentences after the trial under the Collaborators Act 1972. By December 31, the trials of these 752 war criminals were finished, even death penalties were handed down, and one war criminal walked the gallows.
Notably, the first death penalty executed in the history of Bangladesh was in fact that of a war criminal.
But, unfortunately, after the assassination of Bangabandhu (Sheikh Mujibur Rahman) the ruling general Ziaur Rahman halted the process of trial of the war criminals by scrapping the Collaborators Act, resulting in rehabilitation of the hated criminals in the society.
Around 11,000 were behind bars when the government of Justice Sayem and General Zia repealed the Collaborators’ Act on December 31, 1975. They in fact stopped the trial and investigation process. Even those who had been punished were then freed.
sources: online
If a society that allows the war criminals to roam around free for so many years, it is not at all surprising that such a society will become a breeding ground for criminals. The trial of those who actively opposed Bangladesh's liberation by taking up arms to fight for the occupying Pakistani army has been one of the unfinished legacies of our history.
The process of trial of the war criminals was originally began in 1972 and stopped abruptly after the assignation of the country’s founding president Sheikh Mujibur Rahman in August 1975.
A total of 37,000 war criminals were arrested between 1972 and 1975.
Twenty-six thousands (26,000) of the detainees with records of minor offence, were pardoned under a general amnesty announced by Mujib government, in which the accused against whom there was no clear evidence of killing, rape, arson and looting were given clemency. There was this clause that even those who were pardoned if new allegations of killing, rape, arson and looting turned up against them they could be tried.
But the trial process of 11,000 others, against whom there was clear evidence of killing, rape, arson and looting was on. Among them 752 were handed down with sentences after the trial under the Collaborators Act 1972. By December 31, the trials of these 752 war criminals were finished, even death penalties were handed down, and one war criminal walked the gallows.
Notably, the first death penalty executed in the history of Bangladesh was in fact that of a war criminal.
But, unfortunately, after the assassination of Bangabandhu (Sheikh Mujibur Rahman) the ruling general Ziaur Rahman halted the process of trial of the war criminals by scrapping the Collaborators Act, resulting in rehabilitation of the hated criminals in the society.
Around 11,000 were behind bars when the government of Justice Sayem and General Zia repealed the Collaborators’ Act on December 31, 1975. They in fact stopped the trial and investigation process. Even those who had been punished were then freed.
sources: online
NO WAY JAMAAT-E-ISLAMI DENY THEIR ROLE AS WAR CRIMINALS
Jamaat-e-Islami, which yesterday once again denied its anti-liberation role during the 1971 War of Independence, had many of its top leaders among the Razakar members surrendering along with the Pakistan occupation forces on December 16, 1971.
Present Jamaat chief Motiur Rahman Nizami was the chief of Al-Badr, one of the two wings of the Army of Razakars that worked for the Pakistan armed forces to eliminate freedom fighters. The Al Badr is thought to be behind the massacre of the intellectuals on December 14, 1971 when a hundred intellectuals were picked up to be slaughtered.
Lt Gen Niazi’s account:
According to the account of events chronicled by Lt Gen AAK Niazi, who led the Pakistan occupation forces as the chief of Eastern Command of the Pakistan Army in 1971, render the Jamaat’s claim untrue, whom the Jamaat wholeheartedly supported in eliminating freedom fighters in 1971.
Niazi in his book ''The Betrayal of East Pakistan" has categorically said the Army of Razakars was formed by the Pakistan government to fight against the liberation forces. Niazi also describes the formation of the Razakars, training and procurement of weapons and other logistics for them and deployment of the paramilitary vigilante force.
In his book, he says Jamaat-e-Islami, Nizam-i-Islam Party and several factions of Muslim League were known as rightist political parties at the time and the Army of Razakars was formed with the men recruited from these parties.
"Seventy percent of the target ceiling, of 50,000 Razakars spread over all the districts of the province, was achieved. Battle schools were established to train Razakar platoon and company commanders. To provide an effective command structure to this organisation, about sixty young officers were selected to be appointed as Razakar Group Commanders," Niazi says.
Pleased with their performance, Niazi dedicated his book to the Razakars and Mujahids of East Pakistan along with the members of the armed forces, civil armed forces, civilian officers and the West Pakistan police, saying they "strove hard, made supreme sacrifices and suffered humiliation to keep Pakistan united".
Maj Siddiq Salik’s account:
In fact, Jamaat's dominance in the paramilitary force annoyed other parties.
Maj Siddiq Salik, who was the public relations officer of the then Eastern Command of Pakistan Army and worked closely with Niazi in 1971, in his book "Witness to Surrender" says in September 1971 a political delegation from West Pakistan complained to Niazi that he had raised an army dominated by Jamaat men.
"The General called me to his office and said: From now on, you will call the Razakars--Al-Badr and Al-Shams--to give the impression that they do not belong to one single party," Salik writes.
He observes that the Jamaat leaders collaborated with the Pakistan army "not only to advance their ideals of Pakistan as an Islamic state, but also to wreak vengeance on people they were at enmity with".
There are Historic Documents:
According to the historic document of surrender, the Razakars also conceded defeat in the country's Liberation War along with the Pakistan armed forces. "...This surrender includes all Pakistan land, air, and naval forces as also all paramilitary forces and civil armed forces," says the instrument of surrender signed between the chiefs of the Pakistan occupation forces and the Indian and Bangladesh liberation forces.
Military schools were set up to train the Razakars and a separate Razakars Directorate was established. The Razakars were provided with machine guns, sten guns and intelligence against Bangalee freedom fighters, their supporters and sympathisers.
Jamaat leaders Golam Azam, Abbas Ali Khan, Motiur Rahman Nizami and Ali Ahsan Mohammad Mojahid launched a countrywide campaign urging youths to join the Razakars, Al-Badr, and the Al-Shams to resist the liberation forces of Bangladesh. The then home ministry also sent reports to West Pakistan about the activities of these forces in favour of the Pakistan occupation forces.
As the newspapers suggest, the top leadership of the Jamaat has been involved in the rape and killing during the war of liberation. Due to their involvement in the anti-liberation activities, Jamaat was constitutionally banned after the country's independence and many Jamaat leaders had to face trial on charges of war crimes.
Source: Online
Present Jamaat chief Motiur Rahman Nizami was the chief of Al-Badr, one of the two wings of the Army of Razakars that worked for the Pakistan armed forces to eliminate freedom fighters. The Al Badr is thought to be behind the massacre of the intellectuals on December 14, 1971 when a hundred intellectuals were picked up to be slaughtered.
Lt Gen Niazi’s account:
According to the account of events chronicled by Lt Gen AAK Niazi, who led the Pakistan occupation forces as the chief of Eastern Command of the Pakistan Army in 1971, render the Jamaat’s claim untrue, whom the Jamaat wholeheartedly supported in eliminating freedom fighters in 1971.
Niazi in his book ''The Betrayal of East Pakistan" has categorically said the Army of Razakars was formed by the Pakistan government to fight against the liberation forces. Niazi also describes the formation of the Razakars, training and procurement of weapons and other logistics for them and deployment of the paramilitary vigilante force.
In his book, he says Jamaat-e-Islami, Nizam-i-Islam Party and several factions of Muslim League were known as rightist political parties at the time and the Army of Razakars was formed with the men recruited from these parties.
"Seventy percent of the target ceiling, of 50,000 Razakars spread over all the districts of the province, was achieved. Battle schools were established to train Razakar platoon and company commanders. To provide an effective command structure to this organisation, about sixty young officers were selected to be appointed as Razakar Group Commanders," Niazi says.
Pleased with their performance, Niazi dedicated his book to the Razakars and Mujahids of East Pakistan along with the members of the armed forces, civil armed forces, civilian officers and the West Pakistan police, saying they "strove hard, made supreme sacrifices and suffered humiliation to keep Pakistan united".
Maj Siddiq Salik’s account:
In fact, Jamaat's dominance in the paramilitary force annoyed other parties.
Maj Siddiq Salik, who was the public relations officer of the then Eastern Command of Pakistan Army and worked closely with Niazi in 1971, in his book "Witness to Surrender" says in September 1971 a political delegation from West Pakistan complained to Niazi that he had raised an army dominated by Jamaat men.
"The General called me to his office and said: From now on, you will call the Razakars--Al-Badr and Al-Shams--to give the impression that they do not belong to one single party," Salik writes.
He observes that the Jamaat leaders collaborated with the Pakistan army "not only to advance their ideals of Pakistan as an Islamic state, but also to wreak vengeance on people they were at enmity with".
There are Historic Documents:
According to the historic document of surrender, the Razakars also conceded defeat in the country's Liberation War along with the Pakistan armed forces. "...This surrender includes all Pakistan land, air, and naval forces as also all paramilitary forces and civil armed forces," says the instrument of surrender signed between the chiefs of the Pakistan occupation forces and the Indian and Bangladesh liberation forces.
Military schools were set up to train the Razakars and a separate Razakars Directorate was established. The Razakars were provided with machine guns, sten guns and intelligence against Bangalee freedom fighters, their supporters and sympathisers.
Jamaat leaders Golam Azam, Abbas Ali Khan, Motiur Rahman Nizami and Ali Ahsan Mohammad Mojahid launched a countrywide campaign urging youths to join the Razakars, Al-Badr, and the Al-Shams to resist the liberation forces of Bangladesh. The then home ministry also sent reports to West Pakistan about the activities of these forces in favour of the Pakistan occupation forces.
As the newspapers suggest, the top leadership of the Jamaat has been involved in the rape and killing during the war of liberation. Due to their involvement in the anti-liberation activities, Jamaat was constitutionally banned after the country's independence and many Jamaat leaders had to face trial on charges of war crimes.
Source: Online
Tuesday 31 March 2009
BANGLADESH AND WAR CRIMES etc.
Government has fundamental responsibility to prosecute ‘The 1971 criminals’.
To ensure trial of ‘the 1971 criminals’ the government in 1973 amended the constitution for the first time. The Bangladesh constitution provides the government with unlimited power to try ‘the 1971 criminals’ by any laws no matter whether those contradict the provisions of the constitution or not, denying protection of law, protection in respect of trial and punishment and seek remedy from the Supreme Court for enforcement of fundamental rights.
Power given in Article 47 (3) of the constitution: The government has absolute power to try ‘the 1971 criminals’.
Article 47 (3): “Notwithstanding anything contained in this Constitution, no law nor any provision thereof providing for detention, prosecution or punishment of any person, who is a member of any armed or defence or auxiliary forces or who is a prisoner of war, for genocide, crimes against humanity or war crimes and other crimes under international law shall be deemed void or unlawful, or ever to have become void or unlawful, on the ground that such law or provision of any such law is inconsistent with, or repugnant to any of the provisions of this Constitution.”
Article 47-A: “In applicability of certain articles,(1) The rights guaranteed under article 31. clauses (1) and (3) of article 35 and article 44 shall not apply to any person to whom a law specified in clause (3) of article 47 applies.(2) Notwithstanding anything contained in this Constitution, no person to whom a law specified in clause (3) of article 47 applies shall have the right to move the Supreme Court for any of the remedies under this Constitution.”
The International Crimes (Tribunals) Act 1973:
The International Crimes (Tribunals) Act 1973, promulgated on July 20, 1973 empowers the government to try individuals on specific charges of crimes against humanity and peace, genocide, war crimes, violation of the Geneva Convention and international laws, for assistance or conspiracy to commit such crimes, and for failure to prevent commissioning of such crimes.
The government only needs to set up a tribunal under this act which is still applicable, as the general amnesty granted to ‘1971 criminals’ by Bangabandhu Sheikh Mujibur Rahman in 1973 does not apply to individuals, “those who were punished for or accused of rape, murder, attempt to murder or arson will not come under the general amnesty” [The press note on the general amnesty on November 30, 1973].
The gazette notification promulgating the Act on July 20, 1973 says the tribunal set up under the act shall have the power to try and punish any person irrespective of his nationality, who, being a member of any armed, defence or auxiliary forces commits or has committed in the territory of Bangladesh, whether before or after the commencement of this act, any of the above mentioned crimes.
In principle the Act is still in force. The Act requires a thorough review. The definition of auxiliary forces needs special care and proper examination.
The government framed the Bangladesh Collaborators (Special Tribunals) Order, 1972, and started prosecuting ‘the 1971 criminals’. But the ‘dark August 1975’ budge changed the situation since the law was repealed on December 31 that year.
Let’s think about it and do something:
"I have got millions of sons losing mine. I have got a country, which is my great achievement. I have a demand--when will the war criminals be tried? "MOKIDUNNESA mother of shaheed Birshreshtha Munshi Abdur Rob.
"My father's soul won't be in peace until the war criminals are tried. The government had conferred the highest respect on the valiant fighters. Why can't they put the war criminals on trial?"FATEMA AMIN daughter of shaheed Birshreshtha Ruhul Amin.
"My husband sacrificed his life for the country. I am proud of him. We want the trial of those who had slaughtered people during the liberation war."MILI RAHMAN wife of shaheed Birshreshtha Matiur Rahman.
"The state needs to file a case in order to try and punish the accused."Professor FARIDA BANU sister of shaheed intellectual Giasuddin. She filed the case with Ramna Police Station on September 24, 1997 against two al-Badr cadres--Chowdhury Mainuddin and Ashrafuzzaman--for killing her brother on December 14 in 1971.
"The government has absolute power to frame any sort of law to try the war criminals."GHULAM RABBANI former judge of Appellate Division of the Supreme Court.
"If the present government does not try the war criminals, then we will try the war criminals after reinstating the Collaborators Act if voted to power."ZILLUR RAHMAN acting president of Awami League.[now president of Bangladesh State]
"The government must move to try the war criminals. An individual cannot do it."ABDUL MANNAN BHUIYAN senior leader of Bangladesh Nationalist Party. He has also said: "The war criminals killed many intellectuals. Nobody took action against them even after there were strong allegations against them. The government must take the responsibility of trying them in line with people's demand."
"People will be able to offer their tributes to the seven gallant soldiers together if they are reburied in the same place. I have requested the chief adviser."Gen MOEEN U AHMED Army chief saying the seven war heroes should be buried in the same place.
Quotations Are Taken From Star Weekend Magazine Volume 6 Issue 49 December 28, 2007.
To ensure trial of ‘the 1971 criminals’ the government in 1973 amended the constitution for the first time. The Bangladesh constitution provides the government with unlimited power to try ‘the 1971 criminals’ by any laws no matter whether those contradict the provisions of the constitution or not, denying protection of law, protection in respect of trial and punishment and seek remedy from the Supreme Court for enforcement of fundamental rights.
Power given in Article 47 (3) of the constitution: The government has absolute power to try ‘the 1971 criminals’.
Article 47 (3): “Notwithstanding anything contained in this Constitution, no law nor any provision thereof providing for detention, prosecution or punishment of any person, who is a member of any armed or defence or auxiliary forces or who is a prisoner of war, for genocide, crimes against humanity or war crimes and other crimes under international law shall be deemed void or unlawful, or ever to have become void or unlawful, on the ground that such law or provision of any such law is inconsistent with, or repugnant to any of the provisions of this Constitution.”
Article 47-A: “In applicability of certain articles,(1) The rights guaranteed under article 31. clauses (1) and (3) of article 35 and article 44 shall not apply to any person to whom a law specified in clause (3) of article 47 applies.(2) Notwithstanding anything contained in this Constitution, no person to whom a law specified in clause (3) of article 47 applies shall have the right to move the Supreme Court for any of the remedies under this Constitution.”
The International Crimes (Tribunals) Act 1973:
The International Crimes (Tribunals) Act 1973, promulgated on July 20, 1973 empowers the government to try individuals on specific charges of crimes against humanity and peace, genocide, war crimes, violation of the Geneva Convention and international laws, for assistance or conspiracy to commit such crimes, and for failure to prevent commissioning of such crimes.
The government only needs to set up a tribunal under this act which is still applicable, as the general amnesty granted to ‘1971 criminals’ by Bangabandhu Sheikh Mujibur Rahman in 1973 does not apply to individuals, “those who were punished for or accused of rape, murder, attempt to murder or arson will not come under the general amnesty” [The press note on the general amnesty on November 30, 1973].
The gazette notification promulgating the Act on July 20, 1973 says the tribunal set up under the act shall have the power to try and punish any person irrespective of his nationality, who, being a member of any armed, defence or auxiliary forces commits or has committed in the territory of Bangladesh, whether before or after the commencement of this act, any of the above mentioned crimes.
In principle the Act is still in force. The Act requires a thorough review. The definition of auxiliary forces needs special care and proper examination.
The government framed the Bangladesh Collaborators (Special Tribunals) Order, 1972, and started prosecuting ‘the 1971 criminals’. But the ‘dark August 1975’ budge changed the situation since the law was repealed on December 31 that year.
Let’s think about it and do something:
"I have got millions of sons losing mine. I have got a country, which is my great achievement. I have a demand--when will the war criminals be tried? "MOKIDUNNESA mother of shaheed Birshreshtha Munshi Abdur Rob.
"My father's soul won't be in peace until the war criminals are tried. The government had conferred the highest respect on the valiant fighters. Why can't they put the war criminals on trial?"FATEMA AMIN daughter of shaheed Birshreshtha Ruhul Amin.
"My husband sacrificed his life for the country. I am proud of him. We want the trial of those who had slaughtered people during the liberation war."MILI RAHMAN wife of shaheed Birshreshtha Matiur Rahman.
"The state needs to file a case in order to try and punish the accused."Professor FARIDA BANU sister of shaheed intellectual Giasuddin. She filed the case with Ramna Police Station on September 24, 1997 against two al-Badr cadres--Chowdhury Mainuddin and Ashrafuzzaman--for killing her brother on December 14 in 1971.
"The government has absolute power to frame any sort of law to try the war criminals."GHULAM RABBANI former judge of Appellate Division of the Supreme Court.
"If the present government does not try the war criminals, then we will try the war criminals after reinstating the Collaborators Act if voted to power."ZILLUR RAHMAN acting president of Awami League.[now president of Bangladesh State]
"The government must move to try the war criminals. An individual cannot do it."ABDUL MANNAN BHUIYAN senior leader of Bangladesh Nationalist Party. He has also said: "The war criminals killed many intellectuals. Nobody took action against them even after there were strong allegations against them. The government must take the responsibility of trying them in line with people's demand."
"People will be able to offer their tributes to the seven gallant soldiers together if they are reburied in the same place. I have requested the chief adviser."Gen MOEEN U AHMED Army chief saying the seven war heroes should be buried in the same place.
Quotations Are Taken From Star Weekend Magazine Volume 6 Issue 49 December 28, 2007.
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