Untold Facts

Victorious Army Mutiny made ‘Murder’ Case in Shear Vengeance: Miscarriage of Justice on since 1996

Typical vengeance
It was typical of Bangladesh and of the unique vengeance of the second time Prime Minister of Bangladesh Sheikh Hasina now who arbitrarily made the 15th August 1975 victorious Army Mutiny into a simple case of civil ‘murder’ case in late 1996. And the worst of it continued as clear miscarriage of justice since then for about 13 years now.

Army Mutiny
Army mutiny is nothing unusual in less developed countries as we continue to know of at this point of time in history, the Central American State of Honduras in June (09) being the latest in continuum.
Army mutiny falls into two categories. One, failed one and the other victorious or successful one. Failed ones are subject to prompt trial in court martial or as per speedy operational army rules. The victorious ones, however, get not only rewards but also constitute the basis of subsequent lawful governments and, in addition, becomes sources of laws and legal instruments made by the post mutiny or post coup governments.

Victorious Mutiny/Coup
The 15th August, 1975 coup by all international legal norms stood as the victorious mutiny and not in any way a failed one. The coup operators as such had automatic immunity of any sad bloodletting, not only on one side but also of both encountering sides on the day for minutes in the early hours. In addition, the subsequent legal government led by President Khondoker Moustaque Ahmad, passed an additional but superfluous Indemnity Act in late September 1975 that later on formed the part of the 5th Amendment of the Constitution, 1979.

Restoration
Though there had been attempt of counter coup specifically by Brigadier Khaled Mosharraf in early November, that faced defeat on the 7th November that put Major General Ziaur Rahman to the top of the power, first of the army and then of the country as the President. In other words, the onward march of the 15th August coup did not stop but took the country ahead. The legitimacy thus provided by the 15th August heroic change in favor of multiparty democracy bidding a funeral to the BAKSAL dictatorship along with the killer RAKHI BAHINI not only met with people’s popular aspirations but also raised the prestige and dignity of the country not only in the free world but also in the Muslim brotherly countries.
The economy of the country shattered by the pre coup government and turned it to the ignominy status of the International Basket Case started to reinvigorate and have fresh life.
The assassination of Zia in May 1981 had every possibility of turning the tide set in August 1975, but the continuity of democratic order kept things right.

The interrupter
Though interruption in the normal democratic order by power hungry and usurper General Ershad dented the forward smooth march, the onward march in multiparty democracy, economic development and better relations with the advanced and Muslim countries did continue as usual after 1975. Ershad toppled by popular upheaval in 1990 paved once again the path for free democracy. The Bangladesh Nationalist Party then led by Zia’s widow Begum Khaleda Zia won the election in late 1990 following Ershad’s fall that ushered hope for future of the country.

1996 June Election and After
In the 1996 June general election BNP was marginally defeated and Awami League led by Sheikh Hasina so winning the election took to the Prime Minister of the country. For winning the election she not only openly appealed in campaigns to the religious sentiment of the overwhelming Muslim population begging vote ‘only for once’ seeking open forgiveness of the party sins her father led. As soon as she took up the position in somewhat in nervousness having had strategic support from Islamic groups including the Jamaat e Islami, he started to unmask her ugly face of vengeance against all, particularly, against the 15th August national heroes.

Mr. Serajur Rahman
Many did not realize that she would clamp down with all vengeance against the coup makers. Many knew much latter that she had come to politics, despite hate for that, not for love of the country or for politics as such but for taking revenge of her father’s blood spilled in the August coup (See, Dhaka Bengali daily Naya Diganta, 24th March 2009, by retired BBC journalist Mr. Serajur Rahman). Blood spilling was nothing uncommon in revolutions, for example, the Russian Revolution of 1917 had killed the entire Imperial family of Russia not even sparing the servants and a disabled child of the Czar Nicholas on the early morning of the 16th July 1918 (Wikipedia, The International Encyclopedia).

Custody, torture and violations
Some of the alleged coup operators already fled the country as soon as Hasina took to the P.M. position; but some stayed in not fearing anything of reprisal for the great act that brought back multi-party democracy and also gave Hasina scope and opportunity to become the P.M. of Bangladesh. She, however, fell with all State might on the few who stayed in the country, arrested them initially under the Cr.P.C.54, put them on police remand to special torture cell for days and weeks, and then lodged unsustainable ‘murder charge’ police case in late 1996 for those killed on the 15th August including her father Sheikh Mujib. For the case to be made legal she annulled the Indemnity Act enacted in September 1975 through simple majority vote in the Parliament in 1996 that required two third majorities for being already part of the 5th Amendment of the Constitution. Thus the Constitution was grossly violated in this matter.

Stooge’s Verdict
The case so violating the Constitution was sent for trial in a session judge court, the lone judge being her own choosing for obvious reason. The judge made a speedy trial hardly considering all relevant issues and gave a verdict for death sentence to accused 15 to be executed in FIRING SQUAD on the 8th November 1998. Many were amazed to hear about the verdict as the order violated the Cr. P.C. as no FIRING SQUAD is provided in the Cr. P.C. There were no two opinions that the verdict satisfied Hasina’s sadist desire for vengeance that the judge did for further availing perks and privileges from her apex position of the State. It was thus clear miscarriage of justice from the very start

High Court Benches intimidated
At the High Court two stages, the case had doubtable verdicts as the judges had been under duress and undue pressure from the top of the administration. The Home Minister of Hasina Nasim not only openly threatened the judges in the case but also led stick-wielding procession in the capital city to threaten and admonish the judges for not giving any verdict not liked by the top boss Hasina. The two judges court gave a split verdict in December 2000, one confirming death sentence to 10 and the other to all 15 given at the lower Court. The split verdict then referred to the third judge passed another verdict in April 2001 confirming death sentence to 12. Thus the case up to that stage had four verdicts that speak about lacunas in the case.

Facts about Miscarriage of Justice
The miscarriage of justice went all along with the very start of the case to the verdicts made by four judges in the matter.

First, it was not a simple murder case but accompanied sad bloodletting as are almost normal with any such coup for political power change albeit approved by law and legal norms in existence for successful army mutiny or a victorious coup d’’etat and not in any norm that was a failed coup (Wikipedia, The International Encyclopedia). The judge court, unfortunately, for reasons known to him did not take this vital legal point in full cognizance, but why?

Second, the indemnity act of 1975 overruled by simple majority in 1996 was invalid so far as its position with the 5th Amendment was concerned that required two third majority votes in the Parliament.

Third, law given retrospective effect is unacceptable in legal jurisprudence and so the indemnity annulled in 1996 was of no legal validity in retrospective effect of the act made in 1975.

Fourth, indemnity given once by the State as was that done in 1975 could not have been taken away by the State after 21 years as was made in 1996

Fifth, the civil court had no jurisdiction to make the trial of the persons not civilian but military persons who allegedly acted in the mutiny/coup as they were then in the Bangladesh Military Service.

Sixth, the case has been unduly interfered with openly as are some points mentioned above and many might have been in secret for the psychological hatred Hasina understandably had in her mind as noted by the same journalist Serajur Rahman for mitigating her brute personal vengeance.

Expectations
Thus the clear miscarriage of justice so made in the case, it is hoped, would be remedied and rectified by taking into due cognizance of the facts and issues ignored and by passed in earlier stages in the due processes of law now being heard and reconsidered in the Supreme Court Appeal Bench since the 5th October 2009. How should any sensible and patriotic citizen of Bangladesh be forgetful of the fact that the mutiny or coup whatever one may call that restored dignity of the country by bringing back civility and multiparty democracy ditching very successfully the notorious BAKSALite dictatorship.

Author: Dr.M.T. Hussain