Untold Facts

Bangabandhu Murder Case Appeal Hearing: Some Questions

Bangabadhu Murder Case is being heard by the Appellate Division of the Supreme Court since October 5, 2009. As a layman, I have some concerns and questions.

I am an ordinary person with no political or ideological affiliation with any party or organization; and can not claim to be much enlightened either. As a student, I was involved in the anti-Pakistan movement in the late 1960s and later witnessed the ‘Joy Bangla’ phobia of the early 70s. I was fortunate to avail the rare opportunity to contribute my humble mite in our independence war in 1971. We had high hope and aspiration for the future of the new nation.

Sheikh Mujibur Rahman and most of his family members were killed on August 15, 1975. We were told it was a military coup to change the government as there was no other way to salvage the nation out of a suffocating political situation and an imminent economic collapse. I was in Dhaka then and from the reaction of the people, it appeared that the people accepted the outcome of the coup.

I did not see or read even a token resistance or protest against the August 15 coup. Additionally, the acceptance of the coup was confirmed by the announcements of support and allegiance to the new government by then service chiefs and law enforcing agencies. In the next 21 years and through 5 successive governments, nobody raised a question about the validity of that coup or change of government. It was very unfortunate though that some valuable lives on both sides were lost in that coup. Subsequently however, the action of August 15, 1975 was indemnified by a constitutional arrangement.

When Sheikh Hasina Wazed, daughter of Sheikh Mujibur Rahman, became Prime Minister in 1996, the coup was suddenly turned into a murder or assassination. A trial was held and 15 accused were sentenced to death by Firing Squads. Before Sheikh Hasina could execute the accused, her 5-year term ended and nothing much happened in the next 7 years.

Sheikh Hasina is Prime Minister again, this time with an enviable majority for which growing number of critics point to then army chief’s connivance during the preceding 2-year run of the emergency. She picked up the judicial process of the Sheikh Mujib Murder Case from where it was left last time, taking the fast track. My questions are:

• If August 15, 1975 was a murder, then why nobody felt it necessary to raise the issue in the next 21 years through 5 successive governments?

• The parliaments, the judiciary and the learned judges during those years never found anything wrong with the Indemnity Act 1975. Why was the sudden change of heart in 1996?

• The chiefs of army, navy, air force, BDR, Police and even Rakkhi Bahini publicly announced their acceptance of the coup and allegiance to the new government. If the August 15 is now tried as murder, why those former leaders of military and law enforcing agencies are left out?

• August 15, 1975 took place in the wake of a repressive and suffocating situation generated during the pre ‘75 period. Print and electronic media of that period will testify that beyond any doubt. Was it then a political change or murder?

• What did the perpetrators of the coup want—change the one-party BAKSAL regime that became autocratic or kill Sheikh Mujib and his family members?

• What would Rashid-Farook-Dalim and Co. gain by killing Sheikh Mujib if that was their objective? Did they take over the country after the coup?

• If August 15, 1975 was a murder—not a coup—then shouldn’t all the 5 successive governments and their entire machinery that upheld that action be held liable and brought on the dock?

• Finally, why this ‘trial drama’ is allowed to play foul with the lives a few brave sons of the soil who bailed the nation out at its critical juncture and from the shackle of a one-party BAKSAli autocracy?

The Honorable Judges belonging to this apex body of Appellate Division possess the highest degree of wisdom and integrity. I am confident they will address the above questions in dispensing justice for the sake of fairness, as well as for the understanding of millions like me.

History may not forgive us if there is a miscarriage of justice!!!

Author: A O Chowdhury
NY, USA