Daily Online Alochona: Jul 17, 2009

Friday, July 17, 2009

[ALOCHONA] Awami oppression

Awami oppression

http://jugantor.info/enews/issue/2009/07/18/news0703.php

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[ALOCHONA] Judicial Murder Fear through Miscarriage of Justice of the 15th August 1975 Dhaka Coup Actors

Judicial Murder Fear through Miscarriage of Justice of the 15th August 1975 Dhaka Coup Actors

Dr.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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[ALOCHONA] New Sirajganj dyke breach raises fresh fears

The raging Jamuna on Friday opened a 500-foot breach along Sirajganj town protection embankment for a second time in a week, causing panic among the townspeople. 

Assisted by the local administration, the Water Development Board employees and the community members were dumping sand-filled bags in an attempt to repair the gaping dyke that breached at round 2pm. 

On July 10, the rain-fed river started eating into about 600 feet along the 'hard point' zone of the embankment in Shashan Goila Ghat area. It was repaired by dumping sand bags and concrete blocks. 

The government then formed an investigation committee to look into the reasons for the breach.         

Water resources minister Ramesh Chandra Sen visited the affected area at night.    

He told WDB officials that the continuous breaches had created panic on the minds of the residents of the town.    

"Protective measures need to be taken so that they don not feel helpless," he added.    

The minister asked for a report on the gaping holes in the embankment after sending divers underwater.    

Sirajganj WDB executive engineer, operations and maintenance, Niamul Haq Bhuiyan had said steps were taken to prevent breach. 
---
Rubeel
www.jzom.com

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[ALOCHONA] Unratified India And Tortured People

Unratified India And Tortured People

By NM Salih

17 July, 2009
Countercurrents.org

Former United States Attorney General, Ramsey Clark once said, 'A right is not what someone gives you; it's what no one can take from you'. But here things turn different, 'right is not something what we can give you; it will be taken from you', so is the state of affairs when it comes to the torture in police custody in India. In the wake June 26, which marked the International Day against torture, the Asian Centre for Human Rights (ACHR) released a report named 'Torture in India 2009', compiling the true facts of ill-treated human rights in India. This report has zeroed in on custodial tortures especially by the police, armed forces and armed opposition groups etc. It reveals several accounts of atrocities by the so called law enforcement officers from all over India. The panoptic narrative of deaths in the police custody with detailed state wise account of such incidents rules the roost in this report.

This is based on a nation wide campaign against torture and the study of a plethora of cases of last eight years. From April 2001 to March 2009 an estimated 1,184 persons were killed in police custody in India. Overwhelmingly, most of the victims were killed as a result of torture within the first 48 hours after being taken into custody, so rampant are the police in handling the people in custody. Torture in police custody is a pervasive problem that predates this report. The State and the police remain in worrying denial. The annual reports, Crime in India, of the National Crime Records Bureau of the Ministry of Home Affairs that report very few deaths in police custody reflect this disturbing denial.

The highest number of custodial deaths was reported in Maharashtra (192 cases) followed by Uttar Pradesh (128), Gujarat (113), Andhra Pradesh (85), West Bengal (83), Tamil Nadu (76), Assam (74), Karnataka (55), Punjab (41), Madhya Pradesh (38), Bihar and Rajasthan (32 each), Haryana (31), Kerala (30), Jharkhand (29), Delhi (25), Orissa (24), Chhattisgarh (23), Uttarakhand and Meghalaya (16 each), Arunachal Pradesh (11), Jammu and Kashmir and Tripura (9 each), Puducherry and Chandigarh (3 each), Himachal Pradesh (2) while Manipur, Goa, Sikkim, and Dadra & Nagar Haveli recorded one case each. National Crime Records Bureau's statistics says that over 31 persons died by committing suicide in police custody in 2007, 24 persons in 2006 and 30 persons in 2005. This report highlights that the National Human right commission has failed to effectively address torture and other human rights violation. According to a statement by Suhas Chakma, Director of ACHR, these deaths in custody do not however represent the actual number of deaths in police custody in India. A number of cases of custodial death taken up by ACHR with the National Human Rights Commission show that the NHRC was not informed by the police about these custodial deaths, while the NHRC has expressed its anguish against the failure to report these cases of custodial deaths but the NHRC's guidelines on reporting custodial deaths within 24 hours continue to be flouted. According to a senior lawyer, India has the highest number of cases of police torture and custodial deaths among the world's democracies and the weakest legislation against torture. Unfortunately, in the country, torture is seen as routine police behaviour to extract confessions.

The case of 22 years old Md Qudus Ali from Urup, Imphal East district of Mnipur is a strange one. On 7 February 2008, he was allegedly tortured to death in the custody of state police commandos at Thambalkhong in Imphal East district. The victim was allegedly picked up from the premises of the Office of the District Commissioner, Imphal East where he had gone in connection with his electoral photo identity card. The police, however, claimed that the victim was a "militant" and that he was killed in an encounter. A large number of reported cases of torture and custodial death are a result of attempts to extract a confession relating to theft or other petty offences. This implies that suspects belonging to the lower economic and social strata are particularly vulnerable. The police routinely cite "suicide" as a cause of death in custody. In a reply to the Rajya Sabha on 12 March 2008, then Home Minister of India, Shivraj Patil cited suicide as one of the primary causes of custodial death. But the Home Minister failed to clarify as to why so many accused had committed suicide in police detention, what had led them to act in this manner and how they had accessed the means like knives, poisons and open electric cables etc as they are in custody.

Suicide does of course occur. However, examination of number cases by ACHR suggests that the causes of deaths are often a cause for concern. There are frequent allegations by the families of the victims of torture; torture that either impacted the victims actions or resulted in a death that was subsequently covered up. The explanations of the police are also often inadequate. The police regularly claim that people have committed suicide by using handkerchiefs or by consuming poison while in police custody. This seems fabricated when they repeat the same for many cases. The question of the access of the means to suicide still remains unanswered.

Further, deaths in the custody of the armed forces and the Indian Army under the control of the Central government are not reported to the NHRC as it does not have jurisdiction to investigate violations committed by the armed forces. ACHR itself has filed 50 complaints of extrajudicial killings from 2003 to 2009 from Manipur alone. Many of these alleged extrajudicial killings were indeed deaths in the custody of the Manipur Police Commandos but since the Manipur Police Commandos claim to be conducting operations jointly with the central armed forces, the deaths in the custody of the Manipur Police Commandos are not reported to the NHRC.

The disturbing finding of the report points the finger at the Government as India has not ratified the Unite Nations Convention Against Torture, although it has been a signatory since October 1997. Ratification is necessary for appropriate changes to be made in the prevailing laws, and to enable institutions and executing authorities in India to be committed and accountable to address the practice of torture. Fighting torture has been a long standing campaign of many human rights organizations in India, – be it in the case of Jammu and Kashmir, the North East, Gujarat or as recently in the case from Nandigram and Singur. But the thousands of such victims who were forcefully removed from their villages and pulled to camps still suffer for no cause. In fact these blameworthy and reproachful facts marked a blot on the world's largest democracy.

NM Salih is a Delhi based journalist working with The Milli Gazette, a fortnightly english newspaper. Can be contacted at nmsalih@gmail.com

http://www.countercurrents.org/salih170709.htm

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[ALOCHONA] Top Indian militant arrested in Dhaka

Top Indian militant arrested in Dhaka

Dhaka, July 17 (bdnews24.com)–One of the most wanted militants sought by Indian authorities was arrested in the capital on Thursday after he spent 14 years in hiding.

Police believe at the orders of Kashmir-based militant group 'Lashkar-e-Taiba' leader Amir Reza, Mufti Sheikh Obaidullah had been preparing for attacks by organising militants in Bangladesh, city police chief AKM Shahidul Haq said.

He had advanced weapons training for one and a half months during the war in Afghanistan in 1990-91. He had gone to Afghanistan many times and fought against the Soviet army.

The Detective Branch presented Obaidullah before the media on Friday after they arrested him near the Babubazaar bridge. Shahidul said Obaidullah mainly encourages people to wage 'Jihad'. He used to encourage people in activities against rightwing Hindu groups and the army in Kashmir.

There are no specific allegations of acts of sabotage sabotage against the top arms expert, the police chief said. During his 14 years in Bangladesh, he would train up people to be militants.

He is most wanted in India as he has links with militant groups, Shahidul said.. He said information derived from Indian mafia operative Daud Merchant and his associate Zahid Sheikh, who were arrested from Brahmanbaria in May, led to Obaidullah's arrest.

Hailed from Hawrah district in West Bengal, Obaidullah has been living in Bangladesh with his wife, three sons and two daughters since 1995. He has a doctorate degree on 'fatwa' from 'Deoband' madrasa in India's Uttar Pradesh.

In last six years in Bangladesh, he taught in a madrasa in Madaripur district by the name Moulana Abu Zafar. He had also taught at three madrasas in Jessore, Satkhira and Srimangal.

Shahidul said Obaidullah had links with four other most wanted Indian militants who are also hiding in Bangladesh. Obaidullah also confessed to having connection with the four men.

Obaidullah confesses

Obaidullah told reporters that he had living in Bangladesh with his family only to lie low. He wanted to be left 'undisturbed' and so, he did not got involved in any act of sabotage or with any group, he added.

He, however, had planned to eliminate the Hindus and 'the foes of the Muslims' by forming a group. He has no followers in Bangladesh, Obaidullah said. He voted in the last December parliamentary election as well.. His Bangladeshi classmates in Deoband helped him staying in the country.

Although he supports Lashkar-e-Taiba, Obaidullah denied having any connection with the group, ever. Its leader Amir Reza had told him to join the group, but he refused.

Before hiding in Bangladesh in 1995, he was involved with Pakistan-based militant group Harkat-ul-Jihad-al-Islami (HuJI). Now, he has no links with the group, he claimed.

Obaidullah also denied any ties with Daud Merchant."I have seen Merchant, but have no relation with him. They are smugglers and have no idealism. But they have also acted to eliminate Hindus."

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[ALOCHONA] Mig 29s

During the last Hasina period, she procured 8 Mig 29s for Bangladesh Airforce. During the BNP time India stopped all the shipment of the spare parts from Russia. As a result in last five years, half of the fleet was in the shop for the lack of spare parts. Does anyone know the status of those big ticketed items of our Air Force now. Has India changed its policy at all?

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[mukto-mona] Respect your mandate.

The grim picture of the law and order situation in Bangladesh should be a matter of concern for every citizen in the country. Recently it has been reported that the international organized criminal gangs has established their bases in Bangladesh with the help of the local hardened criminals. In a politically corrupted climate containing criminals is a difficult task. But if the government is determined to root out corruption and criminality the situation can improve and citizens can feel secure. The lofty aim to establish rule of law can't be achieved if the administration does not realize the fact that they are duty bound morally and politically to its people to ensure a life based and safety and security. They have the burden of peoples trust to protect the good and destroy the evil. The history of Bangladesh's law and order situation is not a rosy one. In every administration some politicians pampered and protected the criminals for political and criminals reasons. They cried foul about the law order situation in the country against every incumbent administration whenever they were not in power. This has become a vicious circle and hypocritical too.

The situation has reached such a stage that God and good both are crying foul. The Prime Minister being an experienced politician can't enjoy her thumping majority in the parliament without showing her prowess to reign on her naughty politicians. The criminals are not stronger than the arms of law. The need is to apply law in its fullest extent to defeat them. She must show her sincerity that she cares for her people who have given her the mandate to rule.

She must act now not later.

Akbar Hussain

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[ALOCHONA] Establish Rule of Law.

She must act now not later.

Akbar Hussain

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[mukto-mona] Evolution of species according to Quranic light.

Dear Raihan

Neither the egg nor the hen was created at the begining. As I understood from the Quran and from Darwin's book on the origin of species: soil, water and lightening(electricity) had created a cell from which everything had evolved like pottery. And pottery was used by Prophet Mohammad(pbuh) to describe how the species were created.

However, I don't know if anyone ever would be able to reproduce to test this quranic revelaton or Darwin's hypothesis but that's the best accepted knowledge avaible to us.

By denying these facts, you are not only going against the Quranic revelation but also against the scientific communities accepted beliefs about evolution.

Please find below those quranic verses that meticulously and precisely the Quran describes the theory of evolution: the
origin of species.

21:30 that every living thing were made from water.
24:45 Allah has created every animal from water. Of them are some that creep on their bellies, some that walk on two legs and some that walk on four.
15:26 that we created man from sounding clay, from mud molded into shape as the one used in making pottery.
71:14 and Allah has created you in stages
71:17 And Allah has caused you to grow as a growth from the earth(gradually).
27:64 Is not He (Allah) who originates creation, and repeats it, and Who provides for you from the Skies and the earth? is there any ilah(god) with Allah? say, "bring forth your proofs, if you are truthful.

Based on those above verses, I respectfully request Mr. Raihan to reconsider his position and come to his own senses and let his mind to accept before he denies it.

And if he thinks that the soil, water, and ligthening was not the part by which a cell was created in order to species to evolve, please bring forth your proofs, if you are truthfull?

In Darwin theory of evolution, nowhere he didn't mention, we human evolved from an Ape but we human do share with the animal's genetical level or atomic or molecular level but each species has its own identical genetical code which suggests each of us were originated separately.

I think, Schrodinger's Cat and post-Darwinists' Ape analogies were introduced to generate curiosity among students for them to have tension-wisdom within themselves, so that students become aware of it and reflect on it to become better human and understand Allah's [Almighty's] creation as suggested various parts in Quran.

Only criticims should be offered and be accepted if there are any alternative views which lead us to acquire new knowledge. Please avoid psychological meanigs or stereotypes and polemic writers should refrain from commenting on this topic.

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[mukto-mona] HRCBM's seminar: Restoration of 1972 Bangladesh Constitution demanded

Unable to view, please visit http://quandaryreflection.blogspot.com/

Friday, July 17, 2009

A report on successful seminar on "Vested Property and Endowed (Debuttor) Property: Constitutional and Human Rights of Minorities"

Picture (Courtesy HRCBM-Bangladesh): A collection of news clippings from various national dailies covering HRCBM's seminar on vested property act.

The seminar was jointly organized by Samprity Mancha and Human Rights Congress for Bangladesh Minorities (HRCBM) titled 'Vested property and Endowed (Debuttor) property: Constitutional and human rights of the minority people' at the Dhaka National Press Club on 16 July, 2009. Professor Ajoy Roy President of HRCBM chaired the seminar.
Two-keynote papers were comprehended / presented in this seminar. One was by the Secretary General of the Human Rights Congress for Bangladesh Minorities (HRCBM) and ex-additional secretary Rabindranath Trivedi and the other was by Dr. Denish Dilip Dutta.
Secretary General of the Human Rights Congress for Bangladesh Minorities (HRCBM) and ex-additional secretary Rabindranath Trivedi suggested the government for constituting a minority commission like 'Justice Rajendra Sachar Commission' in India for analyzing the socio-economic status of the Hindus in Bangladesh by his keynote.
Dr. Denish Dilip Dutta added some other points relating to survey policy of Vested Property after independence of Bangladesh, as Holly Sea before the liberation war, in his notepaper. He also pushed for harassment of Christian community and other minority community members by the Local Surveyors and Attestation Officers, writing in pencil the letters 'V,P" on the porchas or related papers, and then ask some speed money to correct (erase) the same correction of math porchas for correction of a mistake that they had intentionally written in the paper.
Eminent economist Prof Abul Barakat expressed that the vested property act as an 'uncivilized law'. This law must be repealed/abolished to establish a secular, progressive, liberal democratic and welfare state as stipulated in the Vision 2021 of the present government. He said around 3.5 lakh bighas of land of minorities were grabbed by the landlord as the vested property even after enactment of the "Vested Property Return Act 2001 and 50 lakh minority people of Bangladesh have felt as victim to property grabbers. He suggested the government to amend the 'Vested Property (Restoration) Act' after consulting with the victims, researchers, economists, and law specialists and human rights organizations.
As the chief guest of this seminar Barrister Shafique Ahmed, minister of Law, Justice and Parliamentary Affairs told that civilians started violating the constitution first introduced the martial law in the country after brutal killing of Father of the Nation Bangabandhu Sheikh Mujibur Rahman. Later, Ziaur Rahman in connivance with the then Chief Justice A S M Sayem destroyed the spirit of the secular constitution established through immense sacrifices of the people of the country. He said that there are four pillars of constitution, secularism is one of them, and Islam itself is a secular religion as it acknowledges rights of every citizen irrespective of their religious faith, culture, creed, and caste. He ruled out the statement of a section of politicians that the 1972 constitution is against Islam as one of the four pillars of the constitution. He said that restoration of the constitution of 1972 only depends on the decision of the Appellate Division of the Supreme Court, which is on an appeal filed by the BNP secretary general against the High Court order in 2005. The High Court in an order in 2005 nullified fifth amendments of the constitution, which ratified the proclamation of the martial law as well as all acts of the non-elected governments after 1975. He ensured that the government has sincere efforts for restoration of the 1972 constitution to consolidate the democracy to establish equal rights of every citizen. He also said about the negative attitude of the government lawyers for helping the victims appropriately and for that reason, the grabbers get court's verdict in favor of them.
He invited common recommendations from the members of the Hindu community to enact personal inheritance and marriage registration laws to establish of Hindu women rights.
He also requested to the organizers to arrange another seminar without delay on this crucial issues involving with the three or four ministers of Land, Religion, law and Home ministry.
Advocate Masuda Rehana Rozi, Asstt. General Secretary of Bangladesh Mahila Parishad urged to the law minister to execute Hindu Marriage Registration Programme immediately and to ensure equal inherence rights of the Hindu Women to mitigate the untold miseries and sufferings of Hindu Women.
Ayesha Khanam, President of Bangladesh Mohila Parishad, Aroma Dutta, and Executive Director, PRIP Trust, Columnist Syed Abul Maksud, Mr. Hasanul Haq Inu, MP, were present in this seminar and all the said eminent persons requested to Law Minister to constitute a minority commission immediately.
Mr. Kumar Birendra Nath Roy Chowdhury from Naogaon District, Mr. Nripendra Nath Das from Bagura District, Mr. Dilip Vadra, from Chittagong Jewelry Committee, Prof. Nilkanta Bepari, from Barisal, Mr. Debendra Nath Saha, from Sirajgong, Mr. Bivasendu Sarkar, from Sirajgong, Mr. Arun Chandra Das from Dinajpur, discussed about the present sufferings of the said district to the law minister and handed memorandums from district committee of HRCBM.
Adv. J.K. Paul, Supreme Court of Bangladesh, Mr. Shuvash Baral, on behalf of Sree Sree Ramna Kali Mondir, Brahmacharia on behalf of World Hindu Federation delivered their grief and urged to the law minister to mitigate the sufferings of the minorities soon.
Dr. Sourav Shikder and Mr. Rubyet Ferdous facilitated the seminar. About 100 people were gathered to make this seminar successful.
It is worth mentioning, the news of the seminar was vividly exposed in print and electronic media.

HRCBM's Seminar on Vested Property Act: Efforts on to restore 1972 constitution

Picture (courtesy HRCBM-Bangladesh): HRCBM's seminar on Vested Property Act. From top left: Bangladesh Law Minister Barrister Shafiq Ahmed and HRCBM-Bangladesh's leaders Prof. Ajoy Roy, President and R.N. Trivedi, Secretary General. Top Right: Mr. R.N. Trivdei working through papers while Barrister Shafiq Ahmed is giving speech. Bottom: Panel of speakers including Barrister Shafiq Ahmed.

Report from The Daily star News
Efforts on to restore 1972 constitution
http://www.thedailystar.net/newDesign/news-details.php?nid=97312

Says law minister
Staff Correspondent
The government is trying wholeheartedly to restore the constitution of 1972, and for that it is waiting for a positive verdict of the appellate division of the Supreme Court (SC) on the High Court's (HC) verdict on the fifth amendment to the constitution, said Law and Parliamentary Affairs Minister Barrister Shafique Ahmed at a seminar yesterday.

"The HC verdict declaring the fifth amendment illegal is now pending in the appellate division as BNP Secretary General Khandaker Delware Hossain appealed against the verdict. If the SC verdict goes in our favour then the constitution of 1972 would be restored automatically," he added.

The seminar titled 'Vested property and endowed property: Constitutional and human rights of the minority people' was organised by Samprity Mancha and Human Rights Congress for Bangladesh Minorities at the National Press Club in the city. Speaking as chief guest Shafique said, "There might be some difficulties to restore the constitution of 1972 through parliament and as such we are looking for the SC verdict." He said the government is firmly committed to try the war criminals in a way which would be accepted internationally. The minister said the minority people would not have been deprived of their land if the main principles of the liberation war like secularism were not removed from the constitution.He alleged that the government lawyers do not help the victims properly and for that the grabbers get court's verdict in favour of them. Rabindranath Tribedi, secretary general of the Congress, presented a keynote paper at the seminar. He suggested the government to form a commission to recover the vested and endowed property.

Eminent economist Prof Abul Barakat said around 50 lakh minority people fell victim to property grabbers in the name of vested or enemy property. He suggested the government to amend the 'Vested Property (Restoration) Act' after consulting with the victims, researchers, law specialists and human rights organisations. Hasanul Haque Inu MP, Columnist Syed Abul Maksud and Bangladesh Mahila Parishad President Ayesha Khanam also spoke at the seminar.

Thursday, July 16, 2009

HRCBM's Seminar: Restoration of '72 constitution depends on Appellate Division verdict: Barrister Shafiq

HRCBM's seminar: Vested Property Act & Debottor Property: The Constitutional Rights of Bangladesh Minorities

Picture (courtesy: HRCBM-Bangladesh): Above pictures show sections of HRCBM's seminar that was held at National Press Club, dhaka on July 16th, 2009.

BSS report on HRCBM's Seminar:

Restoration of '72 constitution depends on Appellate Division verdict: Barrister Shafiq

BSS url: http://www.bssnews.net/newsDetails.php?cat=8&id=46423&date=2009-07-16&PHPSESSID=ed82f6ba9204d7f8886fb003325439a9

DHAKA, Bangladesh, July 16 (BSS) - Restoration of the constitution of 1972 depends on the verdict of the Appellate Division of theSupreme Court on an appeal filed by the BNP secretary general against the High Court order in 2005.Law, Justice and Parliamentary Affairs Minister BarristerShafiq Ahmed today said this while addressing a seminar in thecity.

The High Court in an order in 2005 nullified fifth amendmentsof the constitution, which ratified the proclamation of themartial law as well as all acts of the non-elected governmentsafter 1975.The law minister said the government is making its sincereefforts for restoration of the 1972 constitution to consolidatethe democracy and establish equal rights of every citizen.

"We don't want to use our brute majority to amend theconstitution, rather we are waiting for the verdict of theAppellate Division," he said adding, "we hope that the AppellateDivision will give us a decision which will help restore the 1972constitution".

Sampriti Mancha and Human Rights Congress for BangladeshMinorities (HRCBM) arranged the seminar on "Vested Property Actand Debottar Property: Constitutional and Human Rights of Minorities at Jatiya Press Club.Barrister Shafiq said a civilian violating the constitutionfirst introduced the martial law in the country after brutal killing of Father of the Nation Bangabandhu Sheikh MujiburRahman.Later, Ziaur Rahman in connivance with the then Chief JusticeASM Sayem entirely destroyed the spirit of the secularconstitution established through immense sacrifices of the peopleof the country, he added.

The law minister ruled out the statement of a section ofpoliticians that the 1972 constitution is against Islam as one ofthe four pillars of the constitution is 'secularism'.

"Islam itself is a secular religion as it acknowledges rights of every citizen irrespective of their religious faith, culture, creed and caste," the minister said.

The law minister said the return of the vested property became a difficult issue as many property went in disposition forvarious reasons including negligence of the government pleadersover the years.

He invited a common recommendation from the members of the Hindu community to enact personal inheritance and marriageregistration laws to establish rights of daughters on paternalproperty as well as rights of Hindu women as wives.Noted economist Professor Abul Barakat, president of Bangladesh Mohila Parishad Ayesha Khanam, journalist Syed Abul Maqsud and chief executive of PRIP Trust Aroma Dutta took part inthe discussion while Professor Ajoy Roy was in the chair.

Secretary General of the HRCBM and ex-additional secretaryRabindranath Tribedi in his keynote paper urged the governmentfor constituting a minority commission like 'Justice RajendraSachar Commission' in India for analysing the socio-economicstatus of the Hindus in Bangladesh.

He also called for taking immediate steps for returning theall vested property to the legal owners or their inheritors asper the court order and constituting a fact finding committeecomprising the members of the Hindu religious organizations toreview the records of the Debattar property.

Prof Abul Barakat termed the vested property act as an'uncivilized law' saying the law must be repealed to establish asecular, progressive, liberal democratic and welfare state asstipulated in the Vision 2021 of the present government.

Around 3.5 lakh bighas of land were shown as the vestedproperty even after enactment of the "Vested Property Return Act2001, he said adding that 'we now need immediate decision todispose of the matter.

He urged the government not to depend on only bureaucracy, rather including sufferers, human rights activities, notedlawyers and citizens in the process settle the matter.

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[ALOCHONA] Top terror Bikash released from jail: official

Top terror Bikash released from jail: official

Dhaka, July 16 (bdnews24.com)—Top terror Bikash Kumar Biswas, facing a
raft of murder, abduction and extortion charges, was released on bail
Thursday, after serving 12 years in a Kashimpur jail, a jail official
said.

Kashimpur Jail-2 official Forman Ali told bdnews24.com, "Bikash was released in
the evening as he secured bail in cases against him."

Bikash and his brother Prokash Kumar Biswas were two of the four most wanted
criminals on a list of Dhaka Metropolitan Police during the last term
of the Awami League government. The two brothers led a notorious criminal network known as the 'Prokash-Bikash gang'.

Bikash was arrested by DMP's Detective Branch in 1997, accused in the murder
of a Chhatra League leader and a double murder in Agargaon, as well as
extortion and abduction cases.

Many have alleged thatBikash continued his activities, and continued to lead his crime gangbased in Dhaka's Mirpur area, even while he was in jail.

bdnews24.com/lh/gma/pks/rah/2259h

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[mukto-mona] Jihad and Imperialism: Maulvi Yahya Nomani

Jihad and Imperialism

By Maulvi Yahya Nomani

(Translated from Urdu by Yoginder Sikand)

Some critics of Islam claim that the Islamic doctrine of jihad is but a license for imperialist conquest. There is, of course, no truth in this argument. When discussing this issue, we need to focus on what Islamic teachings about the subject are, instead of judging Islam by the actions of some self-styled Muslim rulers, who may have wrongly sought to legitimize their wars of conquests in the name of jihad.

The jihad that Islam sanctions is only for certain specified purposes, and to be undertaken only under extreme circumstances. It must abide by certain rules and conditions. It must be inspired solely by the desire for closeness to God and by indifference to worldly pleasures and luxuries. Such a jihad is a need and blessing for humankind to end the darkness of oppression and lead humanity to the pinnacle of blessings. At the same time, we must recognize that it is possible that some Muslim groups who claim to be engaged in jihad are bereft of the character required for those undertake jihad. Yet, this does not mean that the Islamic principle or doctrine of jihad is itself faulty.

Every thinking person will agree with this assertion of the Quran that if the spirit of jihad and people inspired by it were emptied from the world it would mean the victory of evil. The Quran says that in the absence of these there would be nothing to stop strife in the world. In other words, it is a major blessing from God that, through his prophets, He has ordered His chosen slaves to adopt piety and extirpate strife and oppression from the world and guide humankind and work for its welfare, using, if need be, physical violence for this purpose in the form of jihad.

Islam is a religious and spiritual message and invitation. Its real aim is not to capture power for a particular community or to ensure that a particular community should rule. Rather, its aim is to promote the moral values and spiritual truths that form the basis of its message. If Muslim political power helps to promote this aim it is desirable. However, if it proves to be a hurdle in this path it is hateful, and the Quran indicates that God will certainly destroy such power of the Muslims and make them face utter humiliation. Islam has blessed jihad as a struggle in God's path. Those who are truly engaged in jihad are forever mindful of the Day of Judgment, when each soul will have to stand before God and account for his or her deeds, for as the Quran says:

That House of the Hereafter We shall give to those who intend not high-handedness or mischief on earth: and the End is (best) for the righteous (Quran 28:83).

If, as a result of jihad, God grants His slaves an opportunity to govern, they must realize that this is a custody (amanat), for which they will be accountable to God. If someone misuses this opportunity and, instead of regarding it as a custody from God, uses it to acquire worldly honour, power and luxuries, he will be severely punished on the Day of Judgment. When God appointed Hazrat Daud (David) as a ruler, He instructed him thus:

O David! We did indeed make thee a vicegerent on earth: so judge thou between men in truth (and justice): nor follow thou the lusts, (of thy heart), for they will mislead thee from the Path of Allah: for those who wander astray from the Path of Allah, is a Penalty Grievous, for that they forget the Day of Account. (Quran 38:26)

Being constantly mindful of the Day of Judgment alone can safeguard this custody given to rulers so that, despite having vast powers, they do not transgress the limits set by God. The path exemplified by the Quran and the Prophet's practice can undoubtedly ensure proper protection of the soul. In a hadith report recorded in the Sahih of Muslim, the Prophet once instructed his companion Abuzar regarding the great responsibilities concerning the custody that governance is, adding that on the Day of Judgment it would cause rulers to suffer, save for those who ruled according to the truth and abided by their responsibilities.

Orientalist scholars have sought to related the jihads of the Prophet in terms of the economic marginalization of the Arabs of that time, especially the Bedouins. Hence, they claim that the real intention of jihad was to acquire wealth. This is not true. If this were really the case, why would the leader of these jihads, the Noble Prophet, have remained poor till he departed from this world? By the time of the Prophet's demise, the whole of Arabia had been conquered. Wealth had poured into Medina, and had also been distributed to the poor, but still food was cooked only once a day in the Prophet's house, and, at the time he died, this was made possible only by borrowing money from a Jew.

In the Prophet's time, the largest war booty was secured in the aftermath of the war of Hawazan. The people of Hawazan had brought along all their wealth with them to the battlefield. When they were defeated, their wealth fell into the hands of the Muslims. If the aim of this or the other jihads of the Prophet's time was lust for wealth, the booty gained from the Battle of Hawazan would surely have been sent to the homes of Muslims in Medina. Instead of that, the Prophet distributed all this wealth among the Quraish of Mecca and to the leaders of some other tribes who, till the other day, had been the leaders of the enemies of the Muslims. The pious, faithful Muslims of Medina got nothing of this. Consequently, some Ansars, Muslims of Medina, were upset. Hearing this, the Prophet called the Ansars and instructed them, saying, 'Won't you be happy that the [other] people take away worldly things and you take Allah's Apostle to your homes, reserving him for yourself?'. They replied, 'Yes.' Then, the Prophet said, 'If the people took their way through a valley, and the Ansar took their way through a mountain pass, surely, I would take the Ansar's mountain pass.'

Syria was a fertile land. It was conquered during the rule of the Caliph Umar. As mentioned in the book Fatah al-Baldan, in many places the Syrians actually welcomed the Muslims. The Muslims had to face confrontations mainly in those cities where the Roman army had its encampments. The Syrians were mainly Christians, followers of the same faith as their Byzantine Roman rulers, but yet they welcomed the Muslims as liberators. It so happened that, on account of certain military compulsions, the Muslims withdrew from the Syrian cities of Homs, Damascus and Baalbek, but as they were doing so the Christians of these cities came to them, appealing to them not to go, and pleading with them not to leave them at the mercy of the cruel Romans. When the Muslims explained to them why they had to leave, the Syrian Christians prayed to God for the Muslims to return. They promised the Muslims that if the Roman army invaded their cities they would join hands with the Muslims to fight them. Naturally, this would not have at all happened if, as some people allege, true Islamic jihad was synonymous with imperial conquest.

Maulvi Yahya Nomani can be contacted on yahyanomani@yahoo.com

Yoginder Sikand works with the Centre for the Study of Social Exclusion and Inclusive Social Policy at the National Law School, Bangalore .

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A report on successful seminar on "Vested Property and Endowed (Debuttor) Property: Constitutional and Human Rights of Minorities"

HRCBM's Seminar on Vested Property Act: Efforts on to restore 1972 constitution

Thursday, July 16, 2009

HRCBM's Seminar: Restoration of '72 constitution depends on Appellate Division verdict: Barrister Shafiq

[ALOCHONA] Top terror Bikash released from jail: official

[mukto-mona] Jihad and Imperialism: Maulvi Yahya Nomani

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