Untold Facts

Vengeance: No Rule of Law No Patriotism

Sheikh Hasina, now second term P.M. of Bangladesh, kept and lived up to her ego she frankly made in early 1980s for vengeance for her father’s blood, in Bengali verbatim PITRIHOTYAR PROTISHODHER JONYA RAJNITI KORCHI (See, BBC fame Serajur Rahman, Daily Nayadiganta, 24 March 2009). She had reasons for vengeance, not without good passionate ground. She lost her father and some close relations that gave birth to the deep ego of vengeance. She took the reprisal as she had opportunity to do so and with all might at her disposal of the sovereign power of Bangladesh.

The episode started on the 15th August 1975 and culminated in the historic hanging to death five accused in egoist vengeance on the night of 27-28 January 2010. It was a long journey of about 35 years for her to inflict the vengeance through capital punishment despised in all civilized countries ( 95 ), though not to all but to five scapegoats. The scapegoats had all been the patriots of the highest order.

As the records are, those executed only out of shear vengeance to death were not duffers (as her academic records are) or ‘wrong headed’ (as the country’s highest court certified her earlier) like Hasina herself.

The patriots and the brilliant sons of the country contributed lot for the country (See, weekly The Holiday, 5 February, 2010) until turned unfortunately ‘killers’ of her father and so got hanged to ‘uphold the rule of law’!. Was the game so plain, fair, neutral and simple or of Kangaroo Court?
First, were they actually killers of her father in the ordinary sense of the term in the colonial judiciary or Cr. P.C. of the past British rulers? Second, why there is not in force the capital punishment in Britain like in other 95 more civilized countries? Three, was the so called due process of law fair, neutral and free from Hasina’s direct interference? Direct collusive executive engagement and interference.

The due process was first blocked through making the mutiny an ordinary killing game of the deeply patriot heroes and successful army coup d’ etat men, in the session judge court in late 1996, a very well known handpicked one and then having had showers of favors. Though the session judge court worked for about two years before delivering its judgment in early November 1998, the defense lawyers had been constantly hoodwinked, intimidated, psychologically and socially harassed not only by the government agencies at various levels but also constantly by Hasina’s party hoodlums around the premises of the court and elsewhere. Over and above the legal Indemnity was illegally annulled, and that the jurisdiction of the civilian court to try army officer was fraudulently obtained by Hasina from her FUFA, illegally appointed by her as the Army Chief taken in from retirement! It was thus obviously the judge on the 8th November 1998 gave a verdict to ‘put to death fifteen of the accused by firing squad’, no where ‘firing squad’ provided in the civil penal code. That had proved that the verdict was given for appeasement of Hasina, the then absolutely powerful Prime Minister, pursuing the case all through and with all endless back ups at her wide command.

Then on as the case went to the High Court for death confirmation reference, due process faced the same odd fate for the same reason of collusive executive interference. In the mean time when Hasina failed in the election of October 2001 and a new government came into power, and the convicted by then reduced from 15 to 12 by the High Court, and the four of the accused in detention, others stayed outside the country as fugitive, petitioned the Supreme Court against their conviction. The petition was heard by a bench of the Supreme Court in 2007 and on five points allowed their leave to appeal. To note that at this time neither of the political government was in power of the country. The five points were substantive and had further possibility of BENEFIT OF DOUBT in each point that could have gone in favor of the accused out of at least the capital punishment.

Then on again Hasina took on to the all powerful P.M. in January 2009 and expedited the formation of new bench and further expedited the process to have final verdict. On the 19th November (09) the bench confirmed death of all 12. Except in the Hasina’s circle the verdict stunned the right thinking patriotic millions. Outside the country at international level, protest against the death sentence to 12 was voiced very loudly. The Amnesty International, very dignified and powerful organization promptly on the 20th November (09) sent their disapproval of the death sentence and made requests to the President and the Prime Minister at least to commute the death sentence of the 12. On the 24 November, the Bar Human Rights Committee of England and Wales made the same request and gave public statement. Other organizations also joined in the appeal and request. The Economist, internationally reputed weekly, exposed the non-validity of the verdict labeling that as the POLITICAL TRIAL OF HASINA, and not a judicial verdict at all neutral, fair and free from collusive executive interference. Other international bodies and organizations joined in the appeal against death sentence, the latest one was of very powerful wordings of the European Union made on the 23 January (2010) so much so that they seriously questioned the fairness, neutrality and non-interference in the due process of law (See also BBC fame Serajur Rahman, Daily Nayadiganta, 2 February, 2010).

In the meantime a junior judge superceding some was promoted as Chief Justice who heard the Review of the Appeal along with three others. He was to retire in superannuation within days on the 7th February and so he made a brief summary hearing and rejected the Review petition keeping up the 12 sentenced to death as before given on the 27th January. Skeptics had been saying- even men in streets- that he was made the Chief Justice just in collusive understanding that he would reject the Review petition in the way he did obviously for two immediate personal and private gains, the retirement benefit of Chief Justice that was not due for him for he had to otherwise retire in a lower rank. Thus in the deal he also had a good hallow from Hasina and her men in the party and the government that would give him many underhand perks as she gave to the Session Court judge in late 1990s and for another in the same case in the High Court in 2001. Any intelligent person could well make his/her opinion in this matter of fair, neutral and non-interference in the case for Hasina satisfying her ego of vengeance. Her egoist drive led to execute the five in prison in hours passed midnight 27 January in unusual speed and mode ( there are complaints of slaughtering by neck rather than hanging) caring nothing about the Mercy Petition to the President and giving damn to the international appeals not to execute them to death. Justice thus was clearly skewed in favor of egoist vengeance and not seen to be done by the apex court as well.

The executed five were all intelligent and valiant freedom fighters of 1971 having many credits in their bag for the country, but they got no sympathy whatsoever for the achievements. They did not wish to have any favor from anyone but remained steadfast in their last trying moments. Heroically they embraced the noose (slaughtering by knife (?)- complained by a family member while making wash up at their own place, police hushing up and hiding things, while putting up fresh Kafan- the complain further went that Hasina had arranged special brutal executioner for slitting throat of one specific accused she had deep vengeance to realize) for death reiterating very firmly that whatever they did was for the good of the country and did not do any wrong. They toppled very rightly the partisan, autocratic, undemocratic, corrupt and anti-people, killer (Rakhsmi Bahini mode) leader Mujib in 1975 August. Thus they all did the right job for any true patriot, not fake one like Hasina/Mujib, as are not very uncommon in many developing countries for dethroning of notorious government leaders through army coup d’ etat.

They have got no justice that may be termed fair, neutral or free from collusive executive interference but in reality miscarriage of justice leading obviously to the judicial murder. Hasina, however, failed not only in criteria of fairness and neutrality in the case but also in patriotism for she was all the time egoistically driven by her passion of deep vengeance. If 1971 position could be a yardstick of patriotism, Hasina and her mother enjoyed the best hospitality of the Pakistan army at their Dhanmondi residence and also at the Dhaka Cantonment Military Hospital where Hasina gave birth to her first son Joy in celebration of the attending Pakistani doctors and nurses there. Contrarily the executed five at that point of time valiantly fought against the Pakistan Army in the war and won credits.

Broadness of mind and forgiveness, particularly for Muslims and not egoistic vengeance are requirements of TAQWA or piety and so of patriotism in that she had failed very miserably.
As they until the last moment of their lives all stood firm and resolute in their beliefs and commitment for the people of the country and so gladly embraced martyrdom, the Almighty Allah, I am sure, has accepted their sacrifice as Islamic Shahid. Some are saying that the notorious ruler Yazid won on the 27-28 January night in Dhaka against Imam Hussain symbolically at Karbala.

The blood thirsty Hasina is known to bring back the other six accused back to Dhaka still staying as fugitives in other countries to finish up the passion of vengeance. Well, that’s quite likely. But what about those who have remained outside indictment and staying close to and around her even in high profile in the party?

Could the frenzied Awami guys and their cohorts in Kolkata who have been drumming up the execution make sensible reply to the few relevant questions?

Could they rationally have expected the multi-party democratic Parliament and Government since after the 15th August 1975, had there been no 15th August coup? How could the BKSAL dictatorship have been eliminated for multi-party open democracy? How could the killer Rakhsmi Bahini disbanded and their massive extra-judicial killings in thousands stopped? Could Bangladesh regain dignity in the free world and in Muslim countries except the effective 15th August coup and change? Could closeness with China be possible that shied away for over three years until the fall of Hasina’s father from State power?

Patriots make history of substance and dignity, not the lackeys, much less the duffers or inhuman egoists having no minimum care for rule of law that must be fair, neutral and free from interference. Provided Bangladesh survives in posterity as a free and independent country, history for these deeply patriot souls would be written differently and also for the egoist inhuman now masquerading as patriot but truly fake one absolutely subservient to the R&AW and Delhi. For the French warrior Joan of Arc it took 489 years (1431-1920) to get recertification from the previous appellation of ‘Witch’ to the ‘Saint’ (patriot) or for the Bengali Khudiram about 40 years ( 1908-48) or for the Punjabi Udham Singh only 12 years (1940-52) from the colonial appellation of ‘killer’ to recognition as great patriots in changed political situation.

The most inhuman ego of Hasina in the matter would only ditch her into the dustbin of history in not too distant future along with her father who as well played the notorious game in history, once ditched in 1975, somewhat resurrected in foul trading about the follies of some gullible people, but certain to be ditched forever in the next turn that comes up sooner than later. Her notorious vengeance will certainly be replaced by humane values, rule of law and patriotism in the hearts and minds hopefully of the next humane leaders and value laden future progeny.

Author: B K Din