Hasina and Shafiq: Who’s Correct? Who’s wrong?
The Law Minister, a technocrat in the cabinet to whom Hasina owes a lot in securing her parole in standing 13 corruption cases and then on made possible for her rise to the position of the PM of Bangladesh for the second term and still being relieved through manipulation of all pending corruption cases, seems now to contradict each other in the so-called war crimes cases. The minister Shafiq clearly stated to a foreign media the other day that they are not going to make any trial for ‘war crimes’ but for ‘crimes against humanity’. Curiously enough Hasina and some of her other fully loyal sycophants ministers have been repeatedly stating that they are going to hold trial of the ‘War criminals’. Who’s right? Is Shafiq wrong?
War crime and crime against humanity may have something in common but they are essentially two different issues. Former is breach of civil rights and criminal offences during any recognized war and the other is breach of civil rights during other period. That the 1971 war of Bangladesh still after four decades hangs in its legitimacy- illegitimacy dimensions, it became logically and legally impossible to make trial of some presumed war criminals. That is why the Law Minister has categorically stated that they are not going to hold trial for ‘War crimes but for ‘Crime against humanity’-specifically for rape, murder, arson and genocide. Over enthusiasts in the matter including Hasina have gone on steps ahead in contradicting the Law Minister and still saying that they would hold trial for ‘war crimes’. Some even went further to state that such and such specific persons are the real ones who committed war crimes and must be hanged to death forgetting the critical fact about the listed main 195 for war crimes freed and sent home in 1974 by the then Bangladesh leader. It is thus difficult to understand the matter except in the other recent Political Trial (The Economist, 27 November 2009) out of shear personal vengeance, despite serious disapproval by civilized world communities.
Hasina on entering politics in Bangladesh in early 1980s kept on saying that she had entered politics not for love of anything much less politics that she hated but to avenge the blood of her father (daily Nayadiganta, 24 March 2009). In about 35 years she had her blood thirst met on the 27-28 January last. But not all, as yet. The rest is pending for her blood thirst of the six still at large that she has engaged the R&AW and MOSSAD agents at huge money investments from the public exchequer including the national intelligence services.
Those who are aware of her psychic make up of deep vengeance it is not difficult for them to understand that she would have some sadist pleasure in taking blood of some well known people who sympathized with the occurrence of the 15th August 1975. It is well known to them and the intelligence concerned that the overwhelming majority people did dissent the judicial murder of the five applauded heroes of the 15th August 1975 as are records available at home and abroad. History is witness that none lamented her father’s fall from power in tragic way not for without good reason but for his faults, misdeeds, corruption and betraying the people of Bangladesh so much so that his own party stalwart and speaker of the parliament Abdul Malek Ukil termed him soon after the 15th August 1975 as the notoriously absolute ruler FARAOH of pre-historic Egypt.
The welcome fall of the Faraoh was not only almost universal but all Islamist, Muslim, Pro Islamic, etc parties either were reborn or newly born. They all owed to the 15th August revolutionary change for they had all huge debt to the heroes like Farook, Huda, Shahreer, Mohiuddin etc. Naturally they are and their followers remained opposed to their judicial killing by egoist Hasina’s blood thirst. Unfortunately they are now falling victim to her more blood thirst. She is unlikely to restrain from taking more blood for she feels in her psyche unmet as yet.
War crime is an internationally admitted issue. But the crucial problem in this respect is that one has to define and limit war in specific term. Unfortunately in case of Bangladesh war the specificity of the term war remains in the last four decades without unanimity so much so that even the declaration of independence is still debated. It’s nothing like the wars like World Wars, Vietnam War, etc. Here it was a civil war, not any war between two recognized parties or countries. Well, the 13 day December war of 1971 was the real engagements between two recognized countries India and Pakistan as is there proof in the 16th December 1971 document of surrender signed by Pak’s Niazi and India’s Atora, none from Bangladesh side. Bangladesh was a party in theory and not in substance despite the fact that many youths of Bangladesh fought along with. Bangladesh in 1971 existed in air and in propaganda of the alien and hostile media based in Calcutta and London just only to dismember Pakistan, until then not only the largest Muslim country in the world but also emerging as one of the regional power. Let one recall that the remnant of Pakistan acquired nuclear power status just after the 1971 tragedy of dismemberment. One must try to vision what would be Pakistan’s position would be had that not been dismembered and remained together. Even so, and despite big power’s game for dominance there she remains a competing regional power as against Bangladesh so much vulnerable to mercy of India. Herein lied the logic and reason who had stood however feebly though to protect the unity and integrity of their own country, forefather’s created through democratic election in 1946 and not through any fraud, much less bullet, one and united Pakistan in 1971. That stand can not be construed as anything unpatriotic but very much patriotic. Any violation of specific human right remains outside the purview and indictable under the normal Cr.P.C. That was what Minister Shafiq, as I understand, had clearly stated earlier. But both Hasina and her most loyal ones stating different view must remind every sensible soul that she meant what she had in heart for blood thirst still unmet.
She has in addition to blood thirst power hungriness for unending period until her normal life ends to her son Joy and the line of royal accession to the Bangladesh throne she has been on this time since January 2009 in making for a new dynastic rule. In that dynastic throne making she wants no opposition worth the name but of only the HUQQA HUAs or the loyal sycophants.
Farook, Huda, Shahreer etc had been the most powerful opponents not only of herself and the party but also against Indian hegemony in support of the dynastic design whom she had already eliminated. She is now to sift out all those who could be formidable opponents against her evil lust for permanent power. That is what she is after in the label of so-called war crimes trial. Otherwise, she would have gone for the trial under ordinary Cr.P.C. of all those irrespective of party affiliations who violated specific human rights in 1971, not excluding many ethnic Bengali who remained until the last firmly for one and united Pakistan, not seceded Bangladesh, and of the fellow citizens of the country, the non-Bengali population in thousands massacred by the armed thugs of the leader and the killers of his party. The liability on these accounts of massacres can not be shrugged off by the then leader, as well.
Such possible complicacies and remorse apart, likely bitter relations with many countries, Muslim powerful countries, in particular, convinced Hasina’s father to put an end to the trial in whatever label that could have been after signing the Bangladesh India Pakistan treaty in April 1974. The 1973 Tribunal formed in July remained inoperative even in over two years the leader stayed in power and in this wordly life.
The composition of the investigating team of seven, the three judges for the tribunal and the 12 lawyers’ prosecution panel would be hardly transparent for all likely collusive executive interference that was made in other case mentioned above in an unusual haste in executing the five victims in clear judicial murder of political trial of the of the decorated freedom fighters and brilliant army officers on the 27-28 January midnight in Dhaka prison. There is nothing to expect any difference for the HUQQA HUAs have already announced verdict for hanging to death of such and such persons just as Hasina had long ago confirmed the accused as ‘murderer’ or KHUNI and so the death by hanging of the five mentioned above. After all, the judges here in Bangladesh are spineless ones with rare exceptions. Hasina’s lust for blood in the game may bring defeat for Shafiq.
Author: HB Khair
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