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Sunday, August 22, 2010

Re: [ALOCHONA] Int’l bar assoc finds 17 flaws in IWCT [1 Attachment]

[Attachment(s) from qrahman@netscape.net included below]

just praying that, we do not answer to the trap laid by this "Hindu" swami. This is a foolish statement from this person about a different faith group. Hindus has nothing to do with Abrahamic history. Rather this is the position of Jews and Christians that, it was actually prophet "Ishaq"(PBUH) who was sacrificed by his father Abraham (PBUH). Therefore, we have to be careful NOT to blame India or Hindus for this idiotic statement.

As I mentioned before, fools should be left alone but Mr. Amini probably did not get the message. He is determined to make this idiot famous!!

During the time of prophet Muhammad (PBUH) many false allegations were made against our last prophet but most of the time, he left these fools alone. Our faith is not so fragile that, an idiot can make damage to it. Besides  we  are trying to  walk in the path of democracy in our beloved Bangladesh. So we have to tolerate some fools and freedom of expression should be protected.

My personal feeling is that, this swamiji does not even understand what some people are making him say. Bible is the only religious scripture that contradicts Abrahamic history with the Qur'an. So let us take a look different Biblical positions in the attached file.

On the other hand, Qur'an teaches us to be respectful to other faiths but stands firm in authenticity of the message it delivered. [  Source:
MIRACLES OF THE QUR'AN]

Revile not those unto whom they pray beside Allah lest they wrongfully revile Allah through ignorance. Thus unto every nation have We made their deed seem fair. Then unto their Lord is their return, and He will tell them what they used to do.
[ Al Qur'an 6:108 ]

It will be nice to see peace prevail in this holy month of Ramadan.

Shalom


-----Original Message-----
From: Isha Khan <bdmailer@gmail.com>
Sent: Fri, Aug 6, 2010 8:43 am
Subject: [ALOCHONA] Int'l bar assoc finds 17 flaws in IWCT

 
Int'l bar assoc finds 17 flaws in IWCT
Faisal Rahim
 
A High Court bench last week entertained a writ petition filed by a Hindu swami (priest) seeking amendment to the Holy Quaranic version on prophet Prophet Ibrahim's (RA) attempted sacrifice of his son Ismail in the name of God.
   The swami Devanarayan Moheswar, who claimed himself as the president of World Peace Council for Bangladesh chapter, questioned the faith of the Muslims that Ibrahim wanted to sacrifice his son Ismail and sought the judgment that it was in fact 'Ishaq' whom he wanted to sacrifice.
   
The swami wanted the court ruling to correct the Muslims' faith which he said was based on wrong interpretation of the Quran and other religious convictions. "It is time that the correction is made of false belief so far dominating the Muslim faith", he said in the writ questioning the very basis of the Eid-ul Azha, the second largest religious festival of the Muslim world.
   The swami in his writ said the Muslim community is living on
   the false belief, thus bringing displeasure throughout the country provoking sharp public reaction from all quarters. Not only the leaders of the country's religious community have already protested the audacity of an non-Muslim who has hardly any business with the Islam but for his intrigue to malign the faith.
   
   Conspiracy to undermine
   "It is a conspiracy to undermine the Muslim faith and will be firmly dealt with," Chairman of Islami Oikya Jote Mufti Fazlul Haque Amini said last week along with protest from over dozen such organizations.
   Expressing concern about the unfolding conspiracies to ban the country's religion-based politics by hitting hard the very foundation of the faith, Mufti Amini said the swami and such other forces are openly out to destabilize the nation and damage religious harmony regarding which this country has a glorious tradition.
   Critics say outside forces hostile to the Islamic faith are taking advantage of the country's secular political turf, recently reestablished through abolishing the 5th amendment to the Constitution.
   A swami has taken the move now to the High Court to bring amendment to the Quranic faith to make sure the switching of the country from a state of secularism to a level of distorted faith.
   Critics wondered how a High Court bench can entertain such a writ questioning the independence and dignity of the court.
   The court is scheduled to hear the writ on Thursday, and no matter it may hold further hearing or dismiss the plea, but the damage to the sentiment of the people has already been done and political observers here wonder how this move to amend the faith and the Holy Quran by an non-Muslim would be viewed by the Muslim world as a whole and the nation in particular.
   It was the talk of the town throughout last week and even the ruling party supporters and politicians could not take the move easily and many of them were voicing critical views about it.
   
   Writ on IWCT
   Meanwhile the Judiciary is failing not only to protect the basic rights of the people but also the religious faith of the majority of the nation, critics say pointing to new developments in the country's political ground.
   In a separate development, a High Court bench, however,
   recently dismissed a writ petition challenging the appointment of two High Court judges to a lower level tribunal [International War Crime Tribunal (IWCT)] saying it is a violation of the Constitution and freedom of the country's highest Judiciary.
   The bench comprising Justice Mamnoon Rahman and Justice Syeda Afsar Jahan passed the dismissal order after holding hearing on the petition.
   The writ filed by former vice-president of Bangladesh Supreme Court Bar Association advocate Nowab Ali and former secretary AFM Sulayman Chowdhury sought the court intervention saying the presiding judge of the IWCT Nizamul Haque and its member ATM Fazle Kabir are sitting judges of the High Court wing of Bangladesh Supreme Court. They said, they represent the country's highest judiciary, an independent organ of the government empowered directly under the Constitution. The writ argued that all other courts including the IWCT in the country are subordinate to the highest judiciary.
   
But here the two judges by taking seat at the IWCT have not only taken positions at a lower level which is inconsistent with the dignity and independence of the Supreme Court Judges but also violation of their oath for not taking the office of profit.
   The petitioners said the President of the Republic appoint the Supreme Court Judges in the High Court division and also put them to Supreme Court Bench on promotion. Such Judges can not be appointed to tribunals at lower levels, they said making the point that the appointment of the two High Court judges to the tribunal moreover, has been signed by the Law secretary bringing them under the direct control of the political government.
   
   Political nexus
   Moreover, the appointment of a junior Judge to preside over the tribunal with a senior High Court judge to work as a member is not only violation of the norms, it clearly shows the political nexus in such appointment to deny a fair trial.
   The principal lawyer Barrister Abdur Razzak told the court that the writ in no way has been poised to overshadow the war crime trial but to make sure that the court has been properly constituted to give fair justice to persons who may come for prosecution without prior political prejudice.
   Barrister Razzak, the counsel for the petitioner aid he would lodge appeal to the Supreme Court on the High Court's order dismissing the writ.
   
The International Bar Association (IBA) has raised similar observations in comments on the IWCT constituted by Bangladesh government pointing to at least 17 flaws and suggested that these shortcomings should be removed to make it at acquiring global standard.
   In its observations the association has also questioned the credibility of the court suggesting that judges should be appointed in a free and fair selection process in which the accused should even feel free that they are facing a neutral court. Here this shortcoming remains not only a big issue but found the way to Supreme Court in the form of a writ.
   
   Two-way traffic
   Some lawyers say the government is using the IWCT as two- way traffic by appointing the High Court judges to the tribunal. In the first place it has taken the judges to the tribunal with pay as a post of profit but also using the card that since they are High Court Judges their judgment can not be taken for rehearing in the High Court. It can only be put to the Supreme Court for a review.
   Thus the accused may be denied of a fair justice and noted jurist T H Khan said he was afraid it might be going to be a kangaroo court in which the entire prosecution will be prejudiced denying a fair trial.
   
Under this circumstance the IWCT started hearing war crime charges against five Jamaat leaders in its newly established court in the Supreme Court compound.
   The court opened the process entertaining a plea to issue arrest warrant against the top Jammat-e-Islami leaders on charges of crimes against humanity.
   The Jammat leaders, Maulana Matiur Rahman Nizami, Ali Ahsan Mohammad Mujahid, Abdul Kader Mollah and Qumruzzaman, are already in police custody along with Delwar Hossain Saidy.
   
The court's chief prosecutor Gulam Arif Tipu moved the plea to put them on arrest in cases relating to war crimes suggesting that otherwise they may flee the country.
   Defence lawyers have however questioned the arrest warrant and their subsequent status as shown arrest as violation of the IWC Act which allows such arrest only after framing of charges against the accused. The Act does not allow arrest during investigation.
   Noted lawyer Anisul Haque, who was in charge of prosecution of the Bangabandhu muder case, has also raised question of such preemptive arrest saying it is violative of the law.
   The case prosecutors however maintained that their arrest is essential not only to stop fleeing but also to allow free investigation.
   
   Coercive forces
   Jamaat leaders and other critics however believe that the government is using coercive forces to deny the accused of a free and fair trial to make it a highly politically motivated trial to ban Jamaat and religion-based politics from the country's political turf.
   At such a time the move by the swami to redefine the Muslims' religious faith and the move by the government to ban religion-based politics may be a separate event or may have a nexus.
 

Attachment(s) from qrahman@netscape.net

1 of 1 File(s)


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