Untold Facts

Worrying Fear of Continuing Miscarriage of Justice in the 15th August 1975 ‘Murder’ case

There had been reports in the press lately in the wake of the Supreme Court Appeal hearing that the Government of Sheikh Hasina has been lobbying and in fact intimidating the highest court judges in Bangladesh that may well be taken as continuing their earlier mechanics of intimidation leading in the clear miscarriage of justice in the case of 15th August 1975 incident of the historic change of government of Bangladesh. The miscarriage was well known for the case of ‘murder’ was concocted one ab initio by the Prime Minister of Bangladesh Sheikh Hasina as of shear vengeance for the matter was not of any ordinary murder but of some bloodletting on both contesting groups in the brief but successful army coup de’etat that in itself was a matter of automatic legal indemnity.

In each stages of the case filed in late 1996 filed 21 years after the occurrence, the first serious lacuna was that the case was given retrospective effect in canceling the indemnity that in itself was unacceptable in legal jurisprudence.

Secondly, the Special Indemnity provided in late August 1975 and incorporated into the 5th Amendment of the Constitution was done not by two third majorities in the Parliament but through simple majority that made the invalidation illegal, because the 5th Amendment still exists in the Constitution as done in 1979.
Thirdly, successful army coup is not only a legally valid mode of change of government but also it constitutes source of law that the ‘murder’ case arbitrarily and unlawfully by passed.

Fourthly, the court was constituted by a hand picked judge, kept him under sustained pressure by the Prime Minister herself as she had the ‘only objective’ to take on to the Sate power to punish the ‘killers’ of her father (See, for example, BBC’s renowned Journalist Serajur Rahman’s item published in the daily Naya Diganta on the 24th March 2009).

Fifthly, the judge admitted in his verdict giving death sentence to fifteen ‘accused’ that he had no enough time to look into each and every aspect of the case (November 1998).
Sixthly, the judge understandably to please the P.M. passed order to put all convicted to death by “FIRING SQUAD” that was nowhere provided in the Cr. P.C.

Seventhly, when the case went to the High Court for considering the death reference, the judges had been threatened with grave consequences in slogans of stick wielding procession led in 1999 by her Home Minister Nasim for having not any verdict of their dislike but of their wish and liking.

Eighthly, senior judges of the High Court, both seating (The Daily Independent, Dhaka, 26th March 2000) and retired (16th August 2008, Dhaka dailies like Naya Dignata, etc.) and one of the retired Chief Justices (BBC BENGALI SEVICE INTERVIEW 26th March 2001) of Bangladesh stated clearly and courageously about the miscarriage of justice in the case.

We may, however, keep faith in the integrity and independence of the highest judiciary in the country for an end of the miscarriage of justice done in the lower courts.

Author: Dr. M.T. Hussain