Attention: Moderator(s)
DU teachers and 11 students acquitted
First case
Today all 4 captive teachers and a student was produced before the special metropolitan court for hearing the verdict at about 10-30 am. The learned judge Mr. Habibur Rahman found all 4 teachers and 11 students out of 15 accused students not guilty and acquitted them honourably. Four other students however were convicted for two years imprisonment and a fine of Tk 1,000. If Tk 1,000 could not be realized from any convict he will have to suffer extra one-month imprisonment. However they teachers and acquitted students were not immediately released as they are still facing yet another similar case in another court.
Second case:
Immediately afterwards they were brought to the court of Mr. Golum Rabbani for hearing of the case. After completion of the court proceedings, the judge fixed January 22, 2008 as date of pronouncing verdict.
As soon as the judgment of the first case and hearing of second case the teachers and students rejected the verdict calling for unconditional withdrawal of all cases and thereby setting all teachers and students of DU and punished students of RU be set free immediately, if possible today (January 21, 2008). He students held protest rally, sang 'gana sangeet' in front of the 'Aparajeya Bangla'. The students also took position in front of the office of DU VC chanting slogan for the release of their fellow students and teachers. They also demanded resignation of the VC for his apparent dilly-dally position.
The Educational adviser assured that all students convicted or not, and teachers would be released very soon. He further said that cases (probably numbering 53 .. ) in which not yet formal charges have been framed yet might be withdrawn and the government is taking necessary steps in this direction. On the other hand the General Matin, adviser in charge of home affairs, assured that all teachers and students would be released, 'perhaps today, Insah Allah'.
Withdrawal of charges of second case.
.
Then hectic activities followed from the government side. The charges that were faced by 4 DU students along with a few students were dropped by the government that created a path of unconditional release of 4 teachers of DU and 11 DU students.
President came to the picture:
The President was then directed to invoke his constitutional power to pardon 4 convicted student of DU who were absconding and 10 punished students of and an employee of RU. This was done in the afternoon. The 11 punished students and the employee were set free in the evening from the Rajshahi jail. The released persons were greeted and cheerfully received by their family members and fellow students at the jail gate. Then followed a victory rally within the campus.
So came an end of episode of DU with a grand victory on the part of the academic community.
We are glad that government even very late came to their senses and did the right thing, which they should have done much earlier without mudding the otherwise clean water.
But is the lower level judiciary acted independently?
My mind, though I am happy that my colleagues and students are on the verge of release, is bothering how far the judgment as arrived at independently. I feel for the poor judges. On the one side movement of teachers and students demanding their unconditional release, on the other hand government pressure being built up almost visibly that the accused must be set free through legal procedure. The advisers were uttering day and night that teachers would be set free and a legal means being searched. Is not a pressure on the judiciary to find a way out for the embarrassing government? Could judge Habibur Rahman and Golum Rabbani fail to read the minds of the government. Can they act judicially and independently?
I must say in this case at least, because of government's indecision and uncertainty, it has killed the independency of our judiciary system at least at the lower level. It could have avoided this by withdrawing all cases much earlier that was precisely the students were demanding along with their teachers. Governments, whatever the regime is, never learns fast.
Any way, all well that ends well.
Ajoy Roy
Dhaka
January 21, 2008
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