The shameful blood-stained episode and most heinous crimes in Bangladesh’s national history were the assassination of the Father of Nation and his family members and the incident of jail killings . The latter barbaric incidents occurred within a matter of 79 days between August 15 (when Bangabandhu and his family members were killed) and November 3, 1975. Through these killings, the conspirators wanted to erase the name of Bangabandhu Sheikh Mujibur Rahaman and destroy the spirit of the Liberation War. To protect the criminals, the beneficiaries of these assassinations declared ‘Indemnity Ordinance’. This infamous ordinance blocked the trial of the murder cases and helped establishing the process of Pakistanization in independent Bangladesh. However, the unfinished tasks of trial of the jail killers is considered most essential for establishing rule of law in independent Bangladesh.The shameful legacy of the jail killings of 3 November, 1975
Jail is the safest place where �captives� are held legally for justice to run its course. The state and the legal system are bound to assure the full physical safety of such captives in all civilised polities. When such helpless captives were gunned down on 3 November, 1975 by men in uniform in jail on the order of the then self appointed President of Bangladesh, the very shocking incident sent waves of repulsion across the civilised world
Arun Kumar Goswami
The shameful blood-stained episode and most heinous crimes in Bangladeshs national history were the assassination of the Father of Nation and his family members and the incident of jail killings . The latter barbaric incidents occurred within a matter of 79 days between August 15 (when Bangabandhu and his family members were killed) and November 3, 1975. Through these killings, the conspirators wanted to erase the name of Bangabandhu Sheikh Mujibur Rahaman and destroy the spirit of the Liberation War. To protect the criminals, the beneficiaries of these assassinations declared Indemnity Ordinance. This infamous ordinance blocked the trial of the murder cases and helped establishing the process of Pakistanization in independent Bangladesh. However, the unfinished tasks of trial of the jail killers is considered most essential for establishing rule of law in independent Bangladesh.
The term Rule of Law is a much debated, used and abused word in the literature of public law. In general rule of law means, government officials and citizens are bound by and abide by the law. The rule of law is a basic feature of the constitution of Bangladesh. It has been assured in the preamble to the Constitution of Bangladesh that -
It shall be 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
To attain this fundamental aim of the State, the Constitution of Bangladesh made substantive provisions for the establishment of rule of law. For instances, Article 27 guarantees that all citizens are equal before law and are entitled to equal protection of law. Therefore, the Constitution forbids discrimination in law or execution of State actions. Similarly, Article 31 guarantees to enjoy the equal protection of the law; Article 32 guarantees protection of life and personal liberty and Article 33 guarantees safeguards as to arrest and detention of the citizens. Basically, these three articles illustrate the concept and thus prohibit arbitrary exercise of State power. Therefore, there is no scope of abuse or misuse of power in the Constitution of Bangladesh.
In light of the spirit of Bangladesh constitution it could be safely said that the declaration of Indemnity Ordinance and later transforming it into law through legislation was a dangerous blow towards establishing rule of law in Bangladesh. In this regard some relevant questions must be raised, those are, why the heores of liberation war were brutally killed in the Central Jail (?), why the murderers were not brought to book (?), why the killers were indemnified (?), why the killers were termed as surja santan (children of the sun) [?], why the successive governments led by Zia, Ershad and Khaleda were indulged in patronizing the killers (?), why these killers got the mandate to represent Bangladesh abroad in the diplomatic missions (?).
Jail is the safest place where captives are held. Now if these captives are killed by the order of the state authority( as in the 3 November case the President himself ordered and sent the killers) then the very existence of the state is at stake. None of the successive governments could answer these questions, even though they claim themselves as the champions of the rule of law. In fact, it was the shameful blood-stained acts of the rulers, and for which they should also be brought to book.
The Jail Killing cases relate to the planned execution of four top Awami League leaders imprisoned in Dhaka Central Jail on November 3, 1975. They were the men who led the freedom struggle by forming the Bangladesh government in exileSyed Nazrul Islam, Tajuddin Ahmed, , M. Mansur Ali and A H M Kamruzzaman. Army men in uniform entered Dhaka Central Jail and killed all four of them on 3 November,1975. The leaders were imprisoned after a successful coup that followed the massacre of the founding father and President of Bangladesh Bangabandhu Sheikh Mujibur Rahaman, his wife and 14 other members of his family on August 15, 1975 by the same Army men .
Instantly after the jail killings, the officialdom was meticulous in taking follow up action. Kazi Abdul Awal, deputy inspector general (prisons), in the first information report (FIR) filled up with Lalbagh Police Station on November 4, 1975, accused Captain Moslemuddin and four other army officers of the killings. The officer-in-charge of the Police Station tasked ABM Fazlul Karim with the investigation. Their prosecution should have been childs play because the killers pompously proclaimed their crime. But the police investigation and trial did not go any further. What followed was an uncanny series of events associate with mafia rule rather than a civilised government.
The leader of the killers, Khondaker Mushtaq Ahmed, who became the President without the nicety of peoples mandate, promulgated the infamous Indemnity Ordinance that blocked the investigation into the cold-blooded murders of Bangabandhu Sheikh Mujibur Rahaman and his family as well as the killing of four leaders in the jail. The Martial Law government of Gen. Ziaur Rahaman that followed, took the ordinance into the statute book, and gave protection to the murderers under the cover of law. Gen HM Ershad, the military dictator who succeeded the footsteps of his predecessors, took no action. In fact some of the killers were provided diplomatic appointments abroad and kept on state payroll.
At last when a democratically elected government of Begum Khaleda Zia came to power in 1991, there was expectation of the law taking its course against the killers. But she fared no better and stuck to the past. The police probe was reopened against only on August 18, 1996, 21 years after the crime was committed, only when Bangabandhus daughter Sheikh Hasina came to power and annulled the indemnity law. On October 12, 2000 the court framed charges against 21 persons including 17 former army officers and four political leaders-K M Obaidur Rahaman, Taheruddin Thakur, Shah Moazzem Hossain and Nurul Islam Manzoor.
They were all close associates of Bangabandhu, and joined the Cabinet of Khondaker Mushtaque Ahmed, another confidante of Bangabandhu, after Bangabandhus killing in 1975. Two of the key accused-former President Khondaker Mushtaque Ahmed and former Secretary Mahbubul Alam Chashi escaped prosecution, as their deaths had overtaken the long arm of law and they had to be dropped from the charge sheet.
But the government interference in the proceedings did not stop. Soon after the Awami League government went out of power and four-party alliance led by BNP took over in 2001, five of the accused Obaidur Rahaman, Nurul Islam, Shah Moazzem Hossain, Taheruddin Thakur and Major (retired) Khairuzzaman got out on bail. In fact the government reassigned Khairuzzaman to a foreign ministry job in 2003 ! All the five have been acquitted now. Though the list of 21 accused looks impressive only eight were physically present. With five out on bail, only three---Lt Col (retired) Syed Faruque Rahaman, Lt Col (retired) Sultan Shariar Rashid Khan and Major (retired) Bazlul Huda were in jail custody. They have already been convicted and given death sentence for slaughtering Bangabandhu and his family. Twelve others had to be tried in absentia while another Lt Col (relieved) Abdul Aziz Pasha was missing, believed to be dead. The accused on the run include Risalder (retired) Moslehuddin, Lt Col (dismissed) Khondaker Abdur Rashid, Lt Col (relieved) Shariful Haq Dalim, Lt Col (retired) SHMB Noor Chowdhury, Major (retired) AKM Mohiuddin Ahmed, Lt Col (retired) AM Rashed Chowdhury, Major (relieved) Ahmed Shariful Hossain, Capt (retired) Abdul Majed, Captain (relieved) Kismat Hasem, Captain (relieved) Nazmul Hossain, Dafadar (dismissed)Marfat Ali Shah and Dafadar (dismissed) Abdul Hasem.
It is significant that many of them were promoted to higher ranks when they were protected under the Indemnity Law. They are on the run at present, no doubt aided and abetted by their well-wishers and partners in crime in political parties, bureaucracy and the Army. The trial began on April 12, 2001 and was completed in 282 working days. Three junior officers were given death sentence for the crime while 11 of the 12 absconding accused officers were given life sentence. It is significant that all the 11 have already been sentenced to death for killing Bangabandhu and his family. While pronouncing the verdict, Justice Motiur Rahaman, blamed the Investigating Officer (IO) for faulty investigation and said all the killers of the four national leaders could not be awarded capital punishment due to IOs negligence.
After declaration of the verdict the families of the murdered men accused the government (of Begum Khaleda Zia) of interfering in the trial process to save some of the accused. But Law Minister Moudud Ahmed said the court had never been influenced and the government had not interfered in the case. Commenting on the judgement, the Awami League said the then ruling BNP government of political interest in the case.
It is evident that during four-party alliances rule, politicisation of crime had become the order. The appointment of a former MP of the ruling BNP and relatives of party high-ups as HC judges has drawn a lot of flak.
These appointments were reported to have forced the High Court Lawyers to decide not to say My Lord in courts of these tainted judges. On assuming office the BNP government sacked 15 judges recruited during the Awami League regime. Political parties regularly used goons to disrupt other parties political meetings; even a meeting addressed by the former President Badruddoza Chowdhury had to meet this fate in Rangpur.
According to the then Inspector General of Police Shahidul Haque since 1999 more than a dozen bombing and grenade attacks have taken place resulting in loss of life and injuries to more than 500 people, but unfortunately none of these cases could be solved. Corruption, which started at the top from the day the country attained independence, had then become endemic part of the society.
In her write-up after visiting Dhaka Central Jail Deshratna Sheikh Hasina concluded (with sorrow), Now everyone is savouring freedom, but does everyone remember the kind of sacrifices so many people made and the hardships they underwent so that we could be free? Apart from Desharatnas remarks, we like to end this piece with a clarion call to everybody for contributing, whatever he or she can, in establishing justice and rule of law in Bangladesh. We want a developed Bangladesh with the spirit of liberation war which would be free from all kind of unlawful and illegal activities including militancy, fundamentalism and communalism.
The writer is Chairman, Department of Political Science and Director, South Asian Study Circle, Jagannath University, Dhaka
