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
Sunday, 3 May 2009
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
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