Untold Facts

Draconian Abuses of the Black Laws Reappear

The notorious acts of post 1971 Immediate Government
It is the only truth that the notorious Special Powers Act (SPA) of 1974 was made by the first government of Bangladesh hardly for any noble motive but mainly for abuse of the act for containing all voices of dissent in independent Bangladesh. The same government had two other oppressive acts, the P.O. 8 for trial of the so-called ‘collaborators’ and the P.O. 9 for punishing the ‘erring’ public servants without any scope for right of self-defense.

P.O. 8 died its natural death in 1975
The Collaborators Act had already had its natural death not long after but soon unofficially in about end of 1973 and formally in December 1975. But the other two anti-constitutional and anti-human rights draconian measures are still there nearly after four decades in independent Bangladesh. Despite changes and ups and downs in the last four decades and all promises people had from the big political leaders, the two notorious not only exists but also being abused by each and every government in these years and decades. But why is the abuse and at whose interest? Was that for Bangladesh’s benefit or for administrators’ satisfying of ego?

Enough of promises made before the 29 December Election and breaking them now
We heard enough of promises for freedom and liberty for the people before the 29 December election. Unfortunately soon after the election result, those saddled in power started to abuse both the P.O.9 and the SPA of 1974, and now is known, in a slightly modified form the P.O. 8, as well.

Bureaucrat Abu Karin lost job under P.O.9
Seasoned senior civil servant Abu Karim has been sacked from the post of Secretary, the topmost position in bureaucracy a few days ago. His ‘fault’ was that he had earlier written an article that according to specific idea has pictured a certain person to indignity. Others are being punished in the same way for similar ‘offence’.

Former Deputy Speaker arrested and put under 30 days detention in prison
Former Deputy Speaker Akhtar Hamid Siddiqi was arrested a few days ago for ‘treasonable’ offence. How an sensible person believe that a person of long political career for which he became the Deputy speaker and stayed so for five years term and extended for another two years without any blame worthy record could instantly turn into an anti state element of Bangladesh so much so of the highest offence treason. And that he has been indicted by a police officer of the lowest rank, the O/C of the Mohadebpur Thana, Mr Hamid’s own rural area. One must easily imagine that the same O/C just only a few weeks ago smartly saluted him possibly several times a day. The position has changed not only for Mr. Hamid but also for the O/C who now smarts to salute the winner M.P. of the opposite camp. As is almost usual, treason charge against anybody leads normally to detention in prison without trial under the SPA of 1974. That is what was given to Mr. Siddiqi. It is understandable that he would not be the only man so detained, but soon others to follow under the same draconian act.
The P.O. 8 was long ago annulled not by the same government though who made it, but by the subsequent nationalist government of Zia. But before the annulment of the notorious order first promulgated on the 24th January 1972, thousands had been persecuted, imprisoned without trial, and where in some cases trials were conducted, there was rarely justice done but only miscarriage of justice during 1972 to 1975. Now it is known that the same party in power of the next generation from the same family for their DIN BADAL has undertaken to remake it in slightly revised form as the Special Powers Act for punishing all those alive if not in grave, who ‘erred’ politically in 1971. Witch hunting and miscarriage of justice can in way be overruled for the fact that the issue is taken more for vengeance than for rule of law. In addition, political repression of the opponents, particularly of the Islamic and the Muslim nationalist ones is certain notoriously to mark in prominence.

Violation of Fundamental Rights
If one would take a deep insight, one may not miss the fact that they are certain to violate the fundamental rights of citizens. In addition, all such misadventures are certain to raise political emotion in the country, and so only would be counter productive.
Freedom of belief, religion and conscience are all listed as the basic fundamental rights of each and every citizen that every citizen must be given right to enjoy in their own way subject to tit bits of moral control that again in ultimate analysis based in religious and religion based social moral norms. The UN Charter Of Human Rights has further guaranteed these rights, as well. DIN BADAL has now taken on to violate all of these basic freedoms.

Will the UN and other humanist organizations do anything for stopping violations?
It is a matter of future to see if the evil actions that have set on by this brute majority government and the only leader surrounded by the sycophants would come up to protect basic fundamental rights and freedoms of the people, particularly of the opposition varieties.

The nationalists and Islamic parties must join hands to protect fundamental rights
Legal fight is certainly one option that is more likely to be against miscarriage of justice as it had been in the past. The separation of judiciary initiated quite some time back was a sort of hope for the peace loving people, but the separation of judiciary has already known to be resisted by this government. Any such resistance is certainly an ominous sign against independence of judiciary. There is as such no scope for enough options for protecting fundamental rights of the people but through political action programs. The Thailand mode going on for some time for toppling one government by the other at intervals may be an example to follow for political action programs. Such political actions would be bad for stability but if options become limited, nothing else can be done.

Author: Dr. M.T. Hussain