Judicial Murder Fear through Miscarriage of Justice of the 15th August 1975 Dhaka Coup ActorsDr.M.T. Hussain Appeal Lying in the Supreme Court That the Bangladesh Government led by Sheikh Hasina and the Law Minster including some other of their colleagues look poised to make unusual hurry for disposal of the appeal of the accused of the 15th August 1975 case lying for hearing over a year at the Supreme Court. Apparently their haste may be appreciable but the hara-kiri they have been signaling for could invite skepticism. Four Additional Judges Appointed It was appreciable that the law Minister publicly stated to the media earlier that in order to have enough judges to hear the specific appeal, new judges need be appointed. So did he manage to create four new posts approved by the President of the Republic in a day and very smartly the next day on the 14th July four new judges were appointed from among the High Court judges. All these actions have been wonderfully quick and efficient, indeed. Something Fishy What, however, lacuna was that in selecting and appointing the four new judges seniority had been violated by the Government. In addition, there has already been some complaint that the new judges are known to be partisan and not political party neutral. Further worrying was that one of the cabinet state ministers has had already publicly stated that they would finish the trial before the 15th August of 2009 and also to finish execution accordingly to death of the convicts before the day. Fishy still Further Back Recently, the octogenarian and retired Bangladeshi born BBC journalist Mr. Serajur Rahman, now a permanent citizen of England, stated in an article published in a Dhaka Bengali daily that in part in verbatim of Sheikh Hasina read as follows: 'AMI RAJNITI GHRINA KORI, KINTU PITRI HOTYAR PROTISHODDH NEAR JONYOI RAJNITITE ESHECHI' (I hate politics but just only for taking revenge of my father's killing, I have taken up to do politics). That was what in her recorded interview in early 1980s. In fact she entered into Bangladeshi politics in early 1980s having had a six years self exile in India following the 15th August 1975 incident in Dhaka. However, for realizing the goal she had in the matter she had to wait until 1996 June when she took over as the Prime Minister of Bangladesh. She took to do Judicial Murder She was on for five years term. So she started with hara-kiri by filing a 'murder' case against the actors of the 15th August not by herself but by a third person, then on she put all her energies to get a verdict of her own choice by a lone special session judge. The judge, a hand picked of herself, made himself other hara-kiri so much so that he admitted in the judgment for time constraint, refused to listen to the defense lawyer that the matter was not in any way simple 'murder' as defined in the codes but happened to be a victorious coup d' etat that itself is automatically indemnified, and even so caring little he gave death sentence to 15 accused as simple 'murderers' and ordered execution by 'FIRING SQUAD', amazingly nowhere there provided for in the criminal procedure code! Certainly the verdict made on the 8th November 1998 by the hand picked judge satisfied Sheikh Hasina's ego for reprisal she had in mind. The High Court Split Verdict and After The death reference went as required to the High Court. The two judge bench while considering the matter faced threats from Hasina's party cadres including the Home Minster Nasim who led procession to the High Court campus and staged demonstrations etc yielding sticks in hand just only to have the death sentence of the 15 confirmed by so intimidating the judges. But the verdict was split. As soon as the split verdict was announced the party hoodlums made a hell of lawlessness all over the country. In Mymensigh, 100 km away from Dhaka the brother's residence of the one judge who acquitted 5 was attacked and put on fire. Another home of one acquitted was also put on blaze near Narayanganj, 25 km away from Dhaka. The Third Judge and the Appeal The third judge considered the split verdict and added another two to death sentence in April 2000. Then the accused went on for the appeal and in the process she fell from the State power. Shortage of judges for hearing of appeal for only five under custody in the Central Prison, others possibly staying outside the country since 1996, kept the case pending. The smartness of the present government made the difference for appeal hearing to begin soon. Expectations Now that the case is expected to be disposed of in the Appeal hopefully in neutral and fair way that it obviously lacked during the period 1996-2000 giving into clear miscarriage of justice, and that Bangladesh has now independent judiciary, the lapses occurred in the past in the due process would be duly taken care of at the appeal process. The first and the foremost one should be that the 15th August successful coup need be duly considered as of any victorious coup took place elsewhere and in terms of legal norm that in case of Bangladesh gave the legitimacy and continuity of the Government following the 15th August coup. Further that the coup paved right way for restoration pluralism and multi-party democracy in the country by removing the BAKSALite dictator (Hasina's father) of the lone party system that the leader had introduced in January 1975 having little regard to the democratic wishes of the people. Some Facts for Optimism and Expectations That the case has not received due care in the due process was blasted by not only ordinary intellectuals or citizens but also by personalities like one retired Chief Justice, one seating High Court Judge and a retired judge of the High Court. They all condemned the verdicts for hanging the accused. The retired Chief Justice stated with the BBC Bengali Service in 2002 March 26 that the case 'was not of a simple murder but politics was linked to it'. The seating judge referred to above stated with a local English daily The Independent on the 26th March 2001 that 'after one hundred years people will say that it was not a judgment at all'. About the then Army Chief (1975) General Shafiullah, he further remarked that he should have been one of the accused in the case and not a witness. The retired High Court judge referred to here in a public meeting held at the Dhaka Press Club VIP Lounge on the 15th August 2008 stated in unambiguous term that 'whoever would wish that the 15th August actors (he named Farook) hanged, they must first demand hanging of General Shafiullah (he being then the Army Chief)'. His relevant comments were published in many dailies in Dhaka the next day, the 16th August 2008, and about right then in some periodicals, as well. |
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