Home > Archive for October 2009

Words be backed by action

The Government deserves thanks for taking a courageous decision of going to UNO arbitration to establish Bangladesh’s claim over the Bay of Bengal. According to a newspaper report, a very few officials of the Ministry of Foreign Affairs knew it before because to do anything against two powerful neighbours needed both valour and secrecy. The government has overcome that barricade.

The recent statement of the prime minister in the Parliament that no barrier could stop her government from exploring gas in the bay also deserves appreciation.

The critics must know it that Bangladesh has neither technology nor money to discover gas field, if any, in the bay. So, there is no second option than signing deals with the foreign companies. It must be remembered that mere criticism has no good effect. If the government of Bangladesh does not sign deal with foreign companies, the neighbouring countries will siphon out. However, there should be a guarantee clause in all such exploration deals that no company shall export as/oil to a third country under any circumstances without permission from the Bangladesh Government.

The present stock pf proven gas is likely to be exhausted by 2011 and it has been, therefore, imperative on the part of the government to discover new field. E hope for the best.

Author: Rabbani, Bangladesh

Posted by admin on October 14, 2009 under Bangladesh

Interpol does not have any jurisdiction

Failed earlier
After failing in earlier attempts during Sheikh Hasina’s first term of Prime Minister (1996-2001) her Home Minister has once again is known to have put all her energy through the Home Ministry to seek assistance of the Interpol in bringing back to Bangladesh for trial of the 15th August 1975 case accused from abroad. Could the Interpol do anything in the matter?

Interpol Constitution
The Article 3 of the Interpol Constitution states, ‘It is strictly forbidden for the organization to undertake any intervention or activities of a political, military, religious or racial character’.

No ambiguity
There is not even the slightest ambiguity in the article in regard to the issues the Interpol could intervene or interfere into.

Automatic Indemnity
If one would look into any reliably authentic documents of international standing, not in loose rhetoric of some gullible folks, the 15th August 1975 incident of political acts and change of the Government of Bangladesh had been due to a successful military coup. That meant clearly that the matter was both political and military. Not only that. The successful army coup was automatically indemnified, and in no way indictable for any cognizable offence in law, the maxim of law in this regard being FACTUM VALET, that in English language means, coup is crime if it fails, and not anything indictable offence if that succeeds. Further that all reliable authentic international documents (Wikipedia, the free encyclopedia-Microsoft Internet Explorer website documented Bangladesh August 15 1975 being the successful coup) have duly listed the 15th August 1975 army coup as the successful one, not a failed one. If that failed, the coup operators would then and then face trial not in any civilian court but in the army court martial.

Vengeance
Well, after 21 years of the occurrence of the incident a ‘murder’ case was lodged in late 1996 clearly in vengeance (See, BBC’s former and retired journalist Serajur Rahman’s article published in the Bengali daily Naya Diganta, Dhaka, on the 24th March 2009) of for ‘killing’ of Hasina’s father not obtaining due clearance of all relevant laws but by dubious means. One such dubious means was that she did not seek for army court martial for the coup operators had all been serving army men. The second one was that she rescinded the Indemnity Act of 26th September 1975 (though superfluous) that formed part of the still now existing 5th Amendment of the Constitution that needed two third majorities that she did not have in the parliament but instead taking recourse aggressively to the simple majority that violated the Constitution. Third, she went for the case giving retrospective effect of the cancellation of the Indemnity that was void in legal jurisprudence.

Misuse of power and Miscarriage of Justice
The worst side of the case was that she did everything possible from the position of the Prime Minister to hoodwink the due process of law beginning from appointment of the session judge of her own choosing, viciously driven the due process to have a verdict for 15 to be hanged amazingly in ‘FIRING SQUAD’, no where permissible in civil/ criminal procedure of Bangladesh. Further up when the verdict went to the High Court for confirmation of death reference, her Home Minister Nasim did not only openly intimidate the judges but also led a procession wielding sticks in the city of Dhaka towards the High Court Campus for psychologically containing the judges considering the case to have verdict of Hasina’s liking or in her Bengali verbatim ‘PITRIHOTYAR PROTISHODH’ (I am in politics just only to take revenge of my father’s blood) just as she openly stated to the BBC journalist Serajur Rahman referred above.

Appeal hearing
However, when the case has been in hearing since 5th October (09) at the Supreme Court Appeal Division Five Member Bench for the five ‘convicted’ to death sentence in the lower courts and detained in death cell in Dhaka prison for over 13 years now, hopefully miscarriage of justice done would be remedied, six others of eleven (One died already abroad) have been outside, possibly staying abroad as fugitive, the rhetoric by the Home Minister to get back the six fugitives to Bangladesh by the Interpol should be amazing. Because the Interpol has no jurisdiction to do anything for any one of them as they were involved in successful political acts in the coup d’ ‘etat and themselves had been military men that Article 3 of the Interpol Constitution forbids.

Author: Dr. M.T. M.T. Hussain

Posted by admin on October 13, 2009 under Bangladesh

From Freedom to Enchainment!

Enchainment
An aged and renowned intellectual of Bangladesh, Mr. Farzad Mazhar, is quoted from just as he stated in plain Bengali terms in verbatim in a Dhaka daily, ‘PRITHIBITE AEI PROTHOM EKTI DESHER JONOGON VOTE THIE PORADHINATA ARJON KORESY’. The statement can be translated like this in English, ‘This is for the first time that the people of Bangladesh bought their own enchainment through casting their vote in the ballot boxes’, meaning clearly the massive and yet clandestine fraudulence adopted in the 2008 December general election of Bangladesh.

Farhad’s comment and after
There may be little bit of insignificant protest to the statement but not anything of any weight by even the media ‘friendly’ for the Awami League Government of Sheikh Hasina. But as the air of discontent spreading day in and day out for both internal and external issues of national concern, the statement made by Mr. Mazhar read with in conjunction with the blast about fraud Awami League’s Jalil made in London recently may become popular street slogan for political movement sooner than latter.

Propaganda
At the popular perception level, people are not all idiots, but due to massive poverty of nearly half of the total population of 150 million and widespread ignorance about issues of crucial national concern, many are hoodwinked not for long but for brief prelude as the period remains in the process of holding national election razzmatazz. Propaganda plays a dominant role. Money remains the underlying factor in the poverty syndrome.

Economically hard pressed

Hard pressed economically not only the overwhelming majority people but also the middle class millions, they had no way out but to believe in the slogans like Rice at Taka Ten per Kg., promises made for full time paid jobs for at least one in each family, not to speak of the so-called digital Bangladesh or technological affluence all over the country in all rural localities when the reality goes on intolerable load shedding of electricity each day in and out. That none of these and such other promised goal would be achievable even possibly in decades had hardly been clear at the perception level of those simple folks. Even so, they had a faith in bandwagon of massive propaganda fueled by huge money from inside and outside. Thus the people did not vote for selling freedom but for some hope for better and improved freedom, liberty and economic well-being. They dreamt not for enchainment but got stuck in the covert policy they believed in the cheap promises of the party but then on after getting the overwhelming majority vote, no matter though fraudulently, going to serve their masters from across the international border having no or little concern for the aspirations of the people, much less freedom for the common people and the country.

Not consciously
People have not consciously voted for in the last election for enchainment. It is the party in power and possibly the leader and the Prime Minister Sheikh Hasina with brute majority in the Parliament who wishes to turn Bangladesh into a vassal state of the big neighbor.

Psychological subservience
None can take the issue at ease that the present Prime Minister Sheikh Hasina had a pleasant nurturing for six years between 1975 to 1981 in Delhi at the Indian Intelligence Head Quarters at the South Block during her most psychologically disturbing period following her father and some other family members’ tragic death in the combat leading to the successful Army Coup on the 15th August 1975.

Earlier misfortunes

Earlier during 1972-75 Bangladesh had misfortunes though the then leader had been previously a popular one and enjoyed brute majority both in the 1972 and 1973 parliaments. But such majority meant little in terms of people’s well being and freedom. People had been enchained in almost everything from personal liberty seriously constrained by absolute dictatorship of the lone party BAKSAL fiercely regimented by unconstitutional and killer Rakshi Bahini that was rightly blamed to have perpetrated extra judicial killing of 37,000 to 40,000 imaginary political opponents, and above all national dignity bonded in subservience by the terms of 8, 9 and 10 of the 25 years treaty of 1972 manifestly unequal with India.

Restoring freedom

Fortunately for the nation and the country freedom was regained from the brutal dictator by toppling him and the genre in mid 1975 August by some seriously committed patriotic army officers and so restored not only national dignity and freedom but also somewhat curiously for army men pluralism, multiparty democracy and liberty for all citizens.

Patriots to rise
Let this time patriotic and freedom loving men and women join in hands to break the vicious cycle of enchainment and for restoring national freedom from the evil clutches of the real masters of the well-known lackeys and also from the Fifth Columnists.

Author: Dr.M.T. Hussain

Posted by admin on October 10, 2009 under Bangladesh

Freedom Abused

An English daily of Dhaka had a front page two column news on the 8th October (09) that happened to be though a controversial witness deposition item made eleven years ago in the special one man session judge court but appeared here as if the witness made the statement yesterday before the Five Judges Bench in the Supreme Court Appeal Division.

Why did the daily publish the misleading news when we knew that the Bench had asked all concerned to keep restrain about making confusing and misleading news about the case now being heard at the Bench since the 5th October.

Was the matter anyway honest journalism? Or that was a sort of abuse and misuse of freedom of expression.

I am sure that the Bench and relevant authorities would take due note of the evil purpose of the news.

Author: dr. M.T. Hussain

Posted by admin on October 9, 2009 under Bangladesh

VIP’s Life Long Security: Moral Bankruptcy

Immoral
Yet another morally untenable law is being enacted in the otherwise honorable Parliament of Bangladesh that would only denigrate the national pride institution. The relevant bill has already been placed in the house on the 5th October and referred to the select committee for scrutiny just as a nominal routine practice. It is very likely that the bill would turn into act within days sooner than latter, passed overwhelmingly in the floor of the house for the party in power has the brute majority.

Public Exchequer
Once passed in the Parliament the provisions would be to provide life long security to the members of the family including the little off springs of Hasina’s son Joy born and to be born, Saima’s children born and to be born, Sheikh Rehana’s grandchildren born and to be born who are now infants and would be infants and possibly would live for not less than seventy/eighty years until near about the last decade of the 21st century. Most of the 3rd generation of Sheikh Hasina being now children and foreign nationals of Britain, USA and Canada by birth, provision of their life long physical security would mean and involve huge recurring expenses in foreign exchanges from the Bangladesh public exchequer. How much it would mean in recurring cash terms, I cannot figure out at this stage.

Irrational
What was the rationale for the foreseeable huge cost? Their life is under threat and those they are VIP’s by birth for being second, third and fourth generation off springs of the ‘FATHER OF THE NATION’. An incident came up at this point to my mind if GANDHI being universally acknowledged as the Father of the post 1947 Indian Nation assassinated in January 1948, soon after the birth of the nation had not had any similar provision for protection for even the immediate family members of the Indian Father from the Indian Government. Not, at all.

Imputed Value
The person imputed so by Sheikh Hasina as the ‘Father’ is not acknowledged as such by all in Bangladesh but by the Awami family alone. They are a big family, no doubt, had ups and downs in their existence of nearly six decades, and now third time in State authority with absolute majority now well known to be done by covert fraud and fraudulence sustained not only from within but also from without. The other crucial point is that though the imputed figure father had immense popularity at one time, but when he fell from the State power had already turned in popular imagination the most hated person in history (Anthony Mascarenhas, Sunday Times, London, 17 August 1975).

Betrayer
He fell tragically from the State power on the 15th August 1975 in a successful army coup in midst of people’s jubilation as the most hated person not without good reason but for valid, reliable and authentic reasons. One, he promised for democracy and pluralism but betrayed all people by becoming an unenlightened dictator of the lone party BAKSAL. Two, he promised for economic well being of the people but turned along with his party men looters of public properties. Three, he promised rule of law, but unleashed reign of terror of private hoodlums and the unconstitutional killer RAKHSMI BAHINI clandestinely controlled by Indian Intelligence R&AW high official General Oban that killed near about 37,000 to 40,000 imaginary political opponents in three and a half years. Four, he promised freedom of the country but turned Bangladesh into a subservient State by the bondage of the terms of unequal and of ignominy of the 25 year treaty undertaken on the 19th March 1972.

Refurbishing Image
The refurbishing of the dark image was reinitiated by the R&AW from the other side of the international border allegedly through huge back up funds and from inside their well known lackey gently nourished for six long years from mid 1975 to mid 1981, the worthy daughter of the ‘Father’ from 1996 as she then hold the power of the Prime Minister of Bangladesh for the first term. She took up the same security issue that ended though in fiasco rightly for democratic norm as soon as the opposition group won the election in 2001 and formed the next government.

Monarchy
Father’s inheritance is good enough in monarchial parlance and privilege, not so in democracy. The Bangladesh Constitution and the Parliament are for nurturing democracy and not for promoting monarchy. The relevant bill introduced by the Home Minister might be sounding democratic in form but not in essence at all for the bill was not only morally untenable but also a sort of debauchery in the name of democracy.

No unanimity
Shall I expand further that the nation is divided on the so-called ‘Father’ issue. First, as an overwhelmingly Muslim nation, there is no place of ‘Father’ ‘Son’ relation acceptable in the country. Even the Prophet has not been assigned to such position.

Much Older
Politically speaking, people of Bangladesh have not had the nation status just in post 1971 period but long before 1971. Though the present geographical entity was settled in 1947, the identity of distinct entity goes back to the independent Sultanate of Bengal in the early 15th century. Cynics, however hold that in 1971, provided Zulfi Bhutto would have been little more careful and have more patience, the so-called ‘Father’ would have ended up in the position of the Prime Minister of united Pakistan and none would be needed in the position so imputed by her daughter now. The more romantic Bhutto in this sense should instead be called the ‘Father’. Thus Hasina’s imputed father figure remained as controversial as ever and so her royal privilege act though is certain to be passed in the Parliament of brute majority, the matter would remain morally untenable as long as that would be retained and not annulled some time in future for rightfully restoring democratic norms and values.

Author: Dr. M.T. Hussain

Posted by admin on October 7, 2009 under Bangladesh

Curriculum Reorganization 2009: Issues of Concern

2009 Committee
I came to know from a news item published in a Dhaka daily on the 4th October (09) that the co-convener of the Curriculum Reorganization Committee formed earlier by the present Government have recommended to reorganize the Madarassa curriculum keeping their basic reading materials unchanged. He spoke on the issue in a meeting organized by a group that appeared to have some concern about the reorganized curriculum of the on going Madarassa education. The meeting organized seems to have been against the other group now making agitation opposing the proposed reorganization by the committee constituted by the Government.

Naïve and yet
I am not fully certain what proposals the committee has made. But from the points I could gather from various media sources and from the past knowledge about the reports of 1974, 2000 and present government’s open agenda for education curriculum change already stated to be based on the 1974 and the 2000 reports, I, as a retired Professor of Education and qualified and trained educator of some standing felt interested to make some points that came to my mind as a response.

Committee’s Headache
The committee seemed to have been more and seriously concerned with the Muslim children’s Madarasa curriculum as if they have concentrated all their energies and persuasions against the Madarasa curriculum and much less on the general school curriculum. Why?

Fishy
The 1974 Education Report was silent about the age old and traditional Madarasa system then nearly seven hundred years in about this locality. The 2000 report was in a sort of fix as earlier the governments in between from 1976 to 1996 did much during about two decades in reorganizing the Alia Madarasa curriculum. The Qaomi system left almost untouched and on their own as before. The 2009 government and the committee they formed have been having more enthusiasm for the Government not only has brute majority in the Parliament but also that the Government is run by mainly the leftists of the Awami League led by Sheikh Hasina.

Informal to Formal
Educational curriculum is nothing new but as old as human existence in this earth. However, the learning of human child from parents is also as old as ever. That remained out side formal school not established any where but inside home as informal learning, training and education. Formal institutional learning as history says is credited to Islam in the establishment at the mosque of Medina in the early seventh century A.D. Earlier learning institution like conducted by Socrates, Plato, Aristotle in Greece in the fifth and fourth century B.C. was informal one like teacher-apprentice system and not any formal institution or formally organized schools as we know today. The Medina model of formal school was naturally known in Arabic term as Madarasa. In some way the Madarasa curriculum had close similarity with Plato’s curriculum for education that he outlined for training of his model of ‘Philosopher King’.

Plato’s Curriculum
Plato’s education and training curriculum for Philosopher King had prescriptions for primary learning until the age of human child to 18 years of age followed by two years of physical and military training, learning Mathematics for ten years that included then astronomy, metaphysics etc., then five years in dialectics, practical work experience for fifteen years, etc, having selection and screening at every stage until the age of fifty, if successfully completed, he would qualify to become the ruler or Philosopher King. (Plato, The Republic, Penguin, London, 1955/1963, p.304). Others who would not fully qualify and drop out at various levels would go for employment in various cadres of professions and vocations. The curriculum at the mosque of Medina had primary learning of alphabets, Arabic language of the local people along with basics of metaphysics or the belief in the lone and absolutely powerful Creator. Some vocational learning for both male and female children was also there. The Prophet worked as the head of the Madarasa, the Mosque and of the City State of Medina. As the Prophet would not read and write even in his own mother tongue in Arabic, he employed other literate ones even from other religious beliefs for conducting literacy training. European history is the witness that their earliest formal educational institutions like Oxford, Cambridge etc. had adopted the model of the mosque of Medina later on more institutionalized and organized in about the 10th and 11th century at the Al Azhar (Cairo), Nizamia (Baghdad), Cordova (Spain), etc. Even the Khilizee Madarasa of the Sultanate of Delhi of the 14th-15th century served as model curriculum framework and operation for many countries around. India owed much for her illumination in knowledge, learning and civilization before the coming of the British to the Madarasa curriculum.

Calcutta Madarasa of the colonizers
The Calcutta Madarasa, however, established though by the British colonizers in 1781 A.D. had a different story not necessarily for spread of Muslim learning of the Medina curriculum style but for training of some workers needed in the administration that in many ways had been dependent of Arabic and Islamic learning persons (Completely closed down and movable properties driven out to Dhaka in the wake of division of India, end of the British rule and establishment of Pakistan in 1947).

Macaulay
Even after the British colonizer’s attempt to shun the Muslim learning schools and introduce their own one as prescribed by Macaulay in early the nineteenth century, William Adams, a voluntary British religious person of knowledge stood to nourish the existing curriculum instead of the Macaulay one, because the Maktabs as they were known existed then, as he found by survey, in almost all rural villages for mass education at the primary level. Macaulay, however, having had support of the London authorities managed to introduce the so-called modern English education curriculum not for mass education but for training of the few selected one as ‘interpreters’ in the secondary level completely ignoring the primary and mass education. That was how the Muslim primary learning was relegated to some despised position. The hatred so created by the colonizers is remarkably in existence since then and still so in 2009, particularly, in the eye of the latest education committee in Bangladesh. But the people kept them going almost all on their own, particularly the Qaomi curriculum. That the Madrasa system exists for hundreds of years even without any support from the government proves beyond doubt that the system is in demand and has popular support in the community and people.

Hedging
The Committee obviously for people’s resistance took to some sort of hedging and saying that they would have the curriculum adjusted with the modern subjects. That’s not a bad proposition. But should not other ask if the modern curriculum followed in the Macaulay model schools need also be reorganized and adjusted with demand and aspirations of the people including common people’s spiritual aspirations?

Christianity
We know of modern advanced education curriculum in Europe and America where the model is spiritually Christian, no matter whether they style them as ‘secular’ or not, their curriculum aims to turn out ‘Christian Gentlemen’. In Communist countries they care not for spiritualism but only for narrow vocational training in exclusion of belief in the Lone Great Creator to produce ‘Red’ meaning Communist atheist and ‘Expert’ in trade or profession. What the present Education Committee planning the school curriculum for in the perceptible plan in shying away from the Muslim philosophy to the left?

Atheism
Atheism is a system of life but not for commoners but for few, possibly of high IQ. As the US President Barack Obama has cited in his book, The Audacity of Hope (p.198) that even the secular Americans to the extent of 95% believe in the Lone Great Creator God. Former Indian President Abdul Kalam has asked very passionately his country’s younger generation to grow up for building India’s secularism derived from ‘spirituality’ (Ignited Minds, p.114). The facts are nothing useless but very pertinent as spiritualism is very core and essence of confident human entity.

Ethics and morality
Human society honorably subsists provided it follows viable ethics and moral codes. Bangladesh is already in moral shambles not for ineffective operation of rule of law alone but for degeneration of ethics and morality among rather modern ‘educated’ lots. Would the Committee deny the moral degeneration phenomenon? If not, how would they go for rebuilding moral and ethical strength in the minds of the younger generation except through illuminating their minds through viable religious teaching and training in schools in early childhood?

An instance of shame
We have been hearing volley of abuses against the Madarasa system and against Muslim heritage since early 1972. The 1974 and the 2000 Education Commission reports and now the 2009 committee have been making and repeating the same echoes. The 1974 report was locked in shelf by the leader of that period, and not made public till he was alive. The leader during 1996-2001 had the same odd idea against Islamic learning and Muslim heritage but failed in the main. Even so, they did some evils. One, for example, was a text book produced under government fund and project I came across that was edited by three history professors wherein they mentioned that the Muslim widowed women used to get self immolated in our locality in the funeral pyres of the dead husband (p.135.) That was a textbook of the Open University History–2 first published in 1998 and reprinted in 2000. I made a protest to the untruth so far as the widowed Muslim women were concerned some time then but I am not certain if the learning material clearly anti-Muslim in feature was corrected and dropped afterwards from the same textbook.

Unfortunate
There are complaints that the committee recommended learning materials in some textbooks that by all measures have been divisive of valid historical facts. Is that so?

Fidelity
Seen in the context of experience of the three governments and the commissions and committees, one can hardly be anything but skeptics about their real intention against Madarasa curriculum and evil machination about the Muslim identity and heritage. The 2009 Education Committee has thus been put in a trying task about their fidelity.

Author: Dr. M.T. Hussain

Posted by admin on October 6, 2009 under Bangladesh

Indian Professionals Appointed in Key Positions in BTRC Poses Threat to Bangladesh Security

Many were amazed to know of an authentic report published in some Dhaka dailies on the October 02 (09) that five Indian nationals have of late been appointed in some key professional positions in the BTRC (Bangladesh Telephone Regulatory Corporation). They are placed in such senior positions that through them, if they wish so, many critical State secrets may easily be passed on outside the country. Why did this happen? Doesn’t Bangladesh possess any expertise of the persons so appointed? Can’t Bangladesh train such professionals for internal appointment?

The news reminded me of a fact. Khondoker Moustaque Ahmad, the post August 1975 coup President of Bangladesh some time latter told me that after assuming the charge of the office of the President the first thing he did was to get the international telephone system until them connected to the outside world through Delhi was snapped and get that connected to the outside world through Singapore. I believed him because there was no reason in that matter to disbelieve him in the context of many other things in relation to Delhi following India’s active participation in the 1971 war and total hold on Bangladesh administration.

Apparently, the Awami League Government of Sheikh Mujib having absolute power run the Government but in reality he had been in practical terms a puppet of Delhi. His puppetry had been formalized in March 1972 in terms of the 25 treaty, the articles 8, 9 and 10, in particular. These terms, if read in togetherness, clearly implied that Bangladesh was a country subservient to India so much so that Bangladesh would have friend outside only after having had nod of Delhi. Not only that. Bangladesh would not buy arms for her defense from any source unapproved by Delhi.

The condemned treaty had expired in 1997, and Mujib’s daughter Sheikh could not renew the same for stiff opposition of the patriotic people. Delhi appreciated the open difficulties about such treaty. In 2009 Delhi with the CHNAKYN policy in view preferred for covert ways instead of overt policies. The appointment of the five senior specialists in the BTRC can be nothing but one such mode.

It is, however, a fact that Delhi did not appoint them by themselves. Bangladesh authorities have employed them. Why and how did they do that is the crucial question?
Cynics have been saying all along since January 2009 that Pinak R. Chakravarty, the Indian High Commissioner in Dhaka, runs now Bangladesh just as Indian senior Indian bureaucrats like P.N. Hasker, D.P. Dhar, etc. and Indian Army General Oban of the Indian Intelligence Service, R&AW would run this country in reality soon after 1971.

It was a matter of fortune for Bangladesh that some courageous and intelligent journalists have worked hard to expose the matter of appointment of five Indian specialists but just in only one organization. None can be sure that other important organizations have not been infected with such serious viruses that our still more intelligent, smart and courageous journalists would expose the rest all sooner than latter for Bangladesh’s national security and survival.

Author: Dr. M.T. Hussain

Posted by admin on October 5, 2009 under Bangladesh

Worrying Fear of Continuing Miscarriage of Justice in the 15th August 1975 ‘Murder’ case

There had been reports in the press lately in the wake of the Supreme Court Appeal hearing that the Government of Sheikh Hasina has been lobbying and in fact intimidating the highest court judges in Bangladesh that may well be taken as continuing their earlier mechanics of intimidation leading in the clear miscarriage of justice in the case of 15th August 1975 incident of the historic change of government of Bangladesh. The miscarriage was well known for the case of ‘murder’ was concocted one ab initio by the Prime Minister of Bangladesh Sheikh Hasina as of shear vengeance for the matter was not of any ordinary murder but of some bloodletting on both contesting groups in the brief but successful army coup de’etat that in itself was a matter of automatic legal indemnity.

In each stages of the case filed in late 1996 filed 21 years after the occurrence, the first serious lacuna was that the case was given retrospective effect in canceling the indemnity that in itself was unacceptable in legal jurisprudence.

Secondly, the Special Indemnity provided in late August 1975 and incorporated into the 5th Amendment of the Constitution was done not by two third majorities in the Parliament but through simple majority that made the invalidation illegal, because the 5th Amendment still exists in the Constitution as done in 1979.
Thirdly, successful army coup is not only a legally valid mode of change of government but also it constitutes source of law that the ‘murder’ case arbitrarily and unlawfully by passed.

Fourthly, the court was constituted by a hand picked judge, kept him under sustained pressure by the Prime Minister herself as she had the ‘only objective’ to take on to the Sate power to punish the ‘killers’ of her father (See, for example, BBC’s renowned Journalist Serajur Rahman’s item published in the daily Naya Diganta on the 24th March 2009).

Fifthly, the judge admitted in his verdict giving death sentence to fifteen ‘accused’ that he had no enough time to look into each and every aspect of the case (November 1998).
Sixthly, the judge understandably to please the P.M. passed order to put all convicted to death by “FIRING SQUAD” that was nowhere provided in the Cr. P.C.

Seventhly, when the case went to the High Court for considering the death reference, the judges had been threatened with grave consequences in slogans of stick wielding procession led in 1999 by her Home Minister Nasim for having not any verdict of their dislike but of their wish and liking.

Eighthly, senior judges of the High Court, both seating (The Daily Independent, Dhaka, 26th March 2000) and retired (16th August 2008, Dhaka dailies like Naya Dignata, etc.) and one of the retired Chief Justices (BBC BENGALI SEVICE INTERVIEW 26th March 2001) of Bangladesh stated clearly and courageously about the miscarriage of justice in the case.

We may, however, keep faith in the integrity and independence of the highest judiciary in the country for an end of the miscarriage of justice done in the lower courts.

Author: Dr. M.T. Hussain

Posted by admin on October 3, 2009 under Bangladesh

Reverting back to the 1972 Constitution: Not Practicable Proposition

Easier said than done
The Technocrat Law Minister has been repeatedly asserting that the country would revert back to the 1972 Constitution as soon as the appeal in the Supreme Court is rejected in the matter of the 5th Amendment. In terms of legal implications he has not said anything incorrect, but in terms of practicability of the ‘Past and Closed’ chapters cited in the same High Court verdict the matter may not be that said easier than done.

Legacy of the LFO

First, the 1972 Constitution had no full nod of the people of Bangladesh as far as constitutional bases were concerned. Because, the 1971 war of independence though fought by the youths led by some political leaders who happened to be elected leaders under the LFO that meant and had no mandate whatsoever for independent Bangladesh but for some thing else, that was to frame a Constitution for the federal Pakistan.

Legitimacy issue
Secondly, even if the 71 Independence war would be taken as a revolution for dismemberment of Pakistan that had hardly been legitimate so far as the constitutional legitimacy was concerned. Thus no involvement of any other group except the Awami League members in the Constitution making made it a continuity of the LFO and that of the legal continuity of the Pakistan State.

Dictated by Delhi
Thirdly, the 72 Constitution was dictated by Delhi just as Delhi dictated even the Education Commission Report, Planning Commission principles etc. directly by senior Indian Civil Service experts like D.P.Dhar, P.N. Haskar, General Oban etc.

Reflections of the Indians
Fourthly, the Delhi dictated constitution had in fact reflections of the wishes of the Indian authorities, and little, if nothing of the popular will of the people of Bangladesh. The incorporation of the Bengali nationalism, socialism and secularism had little to do with the struggling historic and distinct people of former East Bengal.

East Bengal’s distinctiveness
Fifthly, the people of East Bengal, and the majority of them being Muslims in religious faith stood firmly since the coming of the English/ British rulers in the mid eighteenth century against the repressive oppression of the colonial masters and their local henchmen and unduly privileges lots who in most cases happened to be the upper caste Hindus and the newly emerging educated professionals. Thus East Bengal got the first taste of freedom in 1947 and the second in 1971 as one must see clearly that the geographical entity of 1947 remains the geographical identity of 1971, nothing different, less or more. The East Bengal got the entity through popular votes in 1947 that was not rejected but reconfirmed in 1971 but through some sad bloodletting.

Muslim Nationhood

Sixthly, the East Bengal entity confirmed and reconfirmed Muslim nationhood identity that in the process it rejected one undivided India myth.

Transcendental values

Seventhly, Muslim nationhood provides distinct norms and values that transcend geography, race, and language and is thus capable of accommodation of diverse people even of other religious faiths. Thus Bangladesh in 1972 had to have a Constitution that would fit in the paradigm of Muslim nationhood. Unfortunately the then leaders failed in the noble goal and yielded to what Delhi had dictated them over.

From day one
Eighthly, the underhand dissention that lied in the minds of the people since the day one of Bangladesh in matters of identity question and identity based constitution making took its way following the August 1975 revolutionary changes of administration of the country. The Fifth Amendment of the Constitution duly met the identity aspirations of the people not arbitrarily but through duly elected Parliament in early 1979. That continuity of the 5th Amendment that not only met right aspirations for identity of the people but also guaranteed pluralism and multi-party democracy for running the county kept the country up to this day for over three decades in 2009. What would happen to the chapters gone by and implications of all the dispensations for the last three decades? Would they all be turn to naught and of no value?

People’s aspirations

Will the people at ease accept the 1972 Constitution? Could the brute majority of the present government be comfortable enough with full confidence annul everything of the BISMILLH, TRUST ON THE ALMIGHTY ALLAH etc. that the 5th Amendment incorporated in the Constitution for honoring the belief system of the overwhelming majority people not ignoring the belief system of other religious minority groups, as well?

Which secularism?
Well, the vague idea of ‘secularism’ is nothing specific and not exactly one in every society. Britain is said to be a ‘secular’ country meaning ‘separation of church and state’. The truth is that the Crown or the King/Queen is head of both temporal and spiritual matters. Besides, the more crucial matter is that as the country has no written Constitution and is run by Conventions and Usages that are all embedded into Christian values and ethics, the society in reality is Christian value based one. America and Europe are in all practicable way Christian countries and dominantly Christian value based societies. Wherever there are deviations in the value system as in sex and sexuality affecting family matters, anarchy has stepped into social norms, relations and attitudes. Must Bangladesh go for any such anarchy in this society for the over enthusiasts secularists agenda by bringing back the 1972 Constitution?

Values embedded in religions
In the final analysis value system is created in the religious faiths. Many atheists even did not disagree in the matter. Western civilization is based on Christian ethics and morality. Indian dominant value system is based on Hindu culture. Muslims lives are guided overwhelmingly by Islamic humane value system. The post revolution socialists and communists attempted to frame their own communist value system but hardly succeeded that ended ultimately in disjointed religious value systems, for example, in the break up of the USSR in early 1990s. That the Bangladesh Law Minister representing the present Government has been asserting that they would establish ‘secularism’ but of what value system they would impose on the people? They might say that as they have been pursuing for the Bengali nationalism they would have full Bengali value system. Is there anything worthy of the name?

Epical outdated norms

Historically and more epically or in mythological belief the name Bengali is derived from the term BANG, being one of the five adopted sons or Baleya Khatriyas of King BALI according to renowned historian R. C Majumder. Bang’s value system was anything but Islamic humane ethics and morality and ridden in caste prejudice dipped into ‘purity and pollution’. How would the secularists of Bengali identity persuasion attain equality of opportunities of human being, much less ‘socialism’ already a dead item, in their brand of epical ‘Bengali nationalism’ and ‘sham secularism’? I have coined the term ‘sham secularism’ from a writing of late renowned journalist A Z M Enayetullahh Khan for the Awami league’s secular way of repression on the people during 1972-75 and also during 1996-2001. Their oppression perpetrated by extra-constitutional killer force Rakhsmi Bahini for implementing their brand of ‘secularism’ and ‘socialism’ enshrined in the 1972 Constitution tragically brought their doom in mid August 1975. And now in the foreseeable failure of the capitalists and free market proponents has only bright promise of the economic success of the Islamic egalitarian system in Bangladesh that they in some illusion wish to stop by reverting back to the 1972 Constitution!

Romanticism of Dictator
There are, however, very few who would not be afraid of their romanticism with the constitution as their top leader in early 1970s had made romanticism in abandoning pluralism and multi-party democracy and introduced instead lone party dictatorship in early 1975 that though was rightly toppled in about seven months time on the historic day of the 15th August 1975 with promise of implementing Islamic equitable social justice system that gives light ahead of the dark tunnel of the Awami Leaguer’s manifesto.

People’s resistance imminent

I would have a sincere feeling that the people would resist the romantic move for preservation of their soothing integrated family lives and peaceful spiritual aspirations from any encroachment by the romantic state power to make it, according to George Orwell, a deeply despised ANIMAL FIRM.

Author: Dr. M.T. Hussain

Posted by admin on October 2, 2009 under Bangladesh