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

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

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.

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/

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

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

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.
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Read more about her in Bangla -
http://www.gunijan.org/GjProfDetails.php?GjProfId=184