The military coup of 11 January 2007 is unique in modern history. This is probably the first of a kind where a military coup took place under an impeccable disguise of diplomat supported media sponsored military enforced civil society takeover. Martial law usually follows Military coups and this special constitutional provision of martial law usually provides the very important legal and political protection of the coup leaders.
The problem with 1/11 was that although the coup, thanks to co-conspirator media, was very easy; in the after math, the legal-political protection of martial law was not there. This was, IMO, was the most challenging side of the disguised military coup of 1/11.
There is no martial law; it means that the authority has to use the prevailing laws and processes to achieve the effect of martial law.
Initially a subservient chief justice served the purpose quite effectively. The state of affairs is a bit muddy these days with the ascension of a new chief justice. It will be a matter of time before we will know whether the new CJ will continue to follow the order of the General. (After all, you only can offer presidency to only one person, not two).
In the meantime, in addition to the hiring the chief justice to work as the military government’s button man, the ruling military authority has also engaged a multiple layer of safety network. The layers include, among others,
1. The Chief Justice: Any observer of higher court proceedings of the last 18 months will know that the Chief Justice either threw away all the high court rulings against government or formed-dismissed high court benches to serve his purposes.
2. Carrot and stick. Bring all the most senior lawyers of the supreme court in the generals pocket. Both carrots and sticks were used to do this. Likes of Kamal Hossain, Amirul Islam, Rokonuddin Mahmud were shown the carrot of giving lucrative jobs in the coming govt. Some were coerced into submission. And the rest were made corrupt (media helped a lot) and was put in jail with incredible 35 -40 years jail sentences. Pro BNP Supreme Court lawyers’ assoc leaders like Aminul Haque and Nazmul Huda fell into this category. Aminul Haque apparently was handed 100 + years of jail term so far. The allegations-evidence is ridiculously flimsy. It is also getting clear now a days why Aminul Haque/Nazmul Huda were tried and sentenced with such a high priority.
3. The attorney Generals office, under the direct command of a dozen mid level military officers, served the legal side of government’s political motive. Cases were defended/ not defended; appeals were made or not made based on instructions from the military intelligence office that effectively rules the country now. Delivery of justice and merit of the case was never the factor in government decisions. Recently, the attorney general himself confessed that his office did not appeal the high court bail of right wing political leader Motiur Rahman Nizami as there was no pressure from the government to do so. However, the same office aggressively appealed against the bail of other political leaders jailed under the same case as the government (Military intelligence agency in this case) did not want the other leaders to get bail.
A recent news report detailed how the lawyers representing the government and Anti Corruption Commission under the auspices of Attorney general Office were working under the constant supervision of some army majors. This report, published in a vernacular daily, describes how the government lawyers were grouped in different teams of five lawyers and each group works at the instruction of an army major. The major will decide which case would be defended and which one would not be appealed etc.
4. The government with the help of those sold out senior lawyers like Kamal Hossain etc did their best to keep the lawyers community divided along the political line. A recent judgment regarding the job of ten judges is an example. This case suddenly came up out of nowhere and this issue was not even in the political agenda of the lawyers group representing political ideology of the judges. And interestingly, although the government was the defendant, the Attorney General Office did not move a finger to defend this case.
5. Another layer is letting the media lose against the stubborn judges. A new ordinance on contempt of court was passed early on after the coup of 1/11. With a more than helpful Chief Justice, the meaning and real implication of that ordinance was not very clear at that time. Some recent activities of the most trusted and effective media corps of this government, vernacular daily Prothom Alo, has finally clarified the real meaning of that ordinance.
The conspirators of 1/11 used these media very effectively in priming the public sentiment for a military coup. Now when the higher judiciary is going through a very restless time and thanks to a bunch of irrepressible Judges, government lost a series of very important proceedings, the power house has just played their latest card. A reporter in a vernacular daily started a public deliberation of some sub judies cases with some judges mentioning their name in first pages of the national daily. The recently promulgated contempt of court is ordinance is his shield. An extremely alarming precedence is being created. Partisan newspapers are openly dissecting, criticizing judgments and intimidating a sitting judge about future cases. Then what next? First page story on the scandals of the personal life of the judge’s daughter? I can not over emphasize this; this new precedence Prothom Alo has just created, is very dangerous and suicidal for a nation. This sort of media enforced dirty war on judicial system must be stopped at any cost.
6. We just talked about the latest card that is being played in Prothom ALo now. By no means is this the last card. There should be no doubt in everybody’s mind that if needed, much worse cards will be played against one or two headstrong judge.
Why one need a martial law if so many layers of mechanism are there to be used by the military regime?
July 24, 2008 at 10:51 am
Excellent article, Rumi Bhai. You tie together the different threads of manipulation that the military government is doing to our judiciary really well. Luckily, the contempt ordinance has been cancelled today. Let us see how this plays out.
You also raise a great point about BNP’s two most eminent lawyers being given 50-100 years of jail sentences. However, I think the young legal eagles, like Barrister Nawshad Jamir, are performing very credibly.
July 24, 2008 at 9:51 pm
Call me cynical, but here is an additional variable to think about. What happens if the President finds it impossible to continue in the office he holds as the national guardian (jati’r ovibebok) because his familymembers’ corruption and abuse of power? Or, another way of spinning the same thing, what happens if the President decides to set an example of selflessness in our war against corruption by resigning because his wife’s past misdeeds?
Don’t get me wrong. I have little sympathy for Iajuddin Ahmed. He has shown himself to be totally unworthy of the office he holds. But I do wonder what happens if he has to resign?
July 24, 2008 at 11:02 pm
Normally, Jamiruddin Sircar, the Speaker, would take over until a Parliament could elect a new President.
In these fabulous and brave new times, who knows?
July 25, 2008 at 6:48 pm
DS, PA already provided enough proof that these are houses for conspiring and supporting coup. DS PA advocated foreign interference in Bangladesh as “moral rights”. Their collaboration with foreign powers evident in every corner of time and space. In public view why even grant them privileges of a newspaper? These people should be treated as collaborators.
July 25, 2008 at 6:54 pm
And for next presidency (if it come to that) you can be sure there will be concocted explanation from Kamal Hossain. Just like he provided one before 1/11 to undermine constitution and advance his thrust for power.
July 27, 2008 at 11:12 pm
The plan is somewhat as follows:
The Speaker will be cornered (indication: news about his wrongdoings in PA+DS=PADS, so he will decline on health ground.) Once this is covered, President will wish to resign, will find Speaker unwilling, then refer the matter to Court for advice, and the Court will duly oblige (with constitutional guidance from Dr. Kam), giving nod to MUA as President-designate, subject to approval of the next pliable parliament. All these will happen on rapid action fashion.
July 28, 2008 at 6:12 am
BDfact, this is probably Moeen’s best option at the moment. If BNP boycotts the election, Moeen can at most deny AL a majority. If BNP does participate, I think it has a reasonable chance of winning.
At the least, it’s hard to see how AL-BNP can be denied 101 seats. So amending the constitution doesn’t seem like an option.
Instead, Moeen is probably now thinking of holding the election under emergency and then refuse to withdraw emergency until his demands are met. Whatever happens, we’re heading to confrontation.