December 5 and state of Bangali nationalism

December 5 — does it sound any significant? Is it a special day? Ask 10,000 people in the streets of Dhaka — I bet you will hardly find one who will be able to recall any event to make December 5 special in the history of Bangladesh. Bangladesh has a very vibrant TV channel culture– all owned by private businesses. Those TV’s will make a mountain out of a molehill on every single significant and insignificant occasion. Yet they will not speak a line to remind the country of an event that took place on December 5.

 

In Praise of M. Sanjeeb Hossain

On the 37th occasion of murder of the four National leaders, M. Sanjeeb Hossain has an op-ed in bdnews24. Who is M. Sanjeeb Hossain? Mr. Hossain’s bio is here. It should be further mentioned that he is the son of Prof. Anwar Hossain of Dhaka University, and thus, nephew of the late hero and Sector Commander Col. Abu Taher.

First, what is the point of this op-ed? From the concluding paragraph:

The more this unity is strengthened, the greater the chances that Bangladesh will move ahead in a positive direction. The Awami League must learn from it’s mistakes from the era of 1972-’75 just as the ‘left’ should comprehend how its immediate shift to an oppositional position after Liberation was a premature step. We need to know our true foes – the defeated anti-liberation forces of 1971, which are still lurking around waiting for an opportunity to strike back. Also, we need to identify our true friends. We can not afford to distance ourselves from each other like we did in 1972 and in the years that followed. The unity of democratic and progressive forces infused with muktijuddher chetona was successful in 1971 and there is no doubt it shall be successful again if it takes lessons from the errors of the past.

So, in his own words, he is concerned about strengthening the alliance between JSD (the party championed by his uncle that he will head one day). That part is perfectly understandable; it is by dint of this alliance that JSD now has Members of Parliament and even, miracle of miracles, cabinet ministers. The second part is more subtle, and thus, interesting. “We need to identify our true friends”- so, to warn Caesar of enemies lurking both externally and internally, so to speak.

I very much enjoyed reading this op-ed. Because of his personal background and family history, Mr. Hossain is more pro-Awami League than actual Awami League leaders. Yet, because of the admittedly complex agenda he inherits, he cannot write the usual anti-Zia diatribe portraying Bangladesh between 1972 and 1975 as the land of milk and honey that all went horribly wrong on August 1975. He does the best with the hand he is dealt.

 

Not all dog would run and jump after the treat — but does it matter?

Awami League political stalwart Tofael Ahmed and center left political icon Rashed Khan Menon declined a recent offer to be ministers for the last year of Awami League Government. Although some media reporting were laced with a strong element of surprise, there in fact should not be any surprise in this decision.

For Tofael and Menon, the decision was very easy. Although they risked alienating the all powerful elected dictator of the country — Sheikh Hasina and they made their re-election process a tad difficult — they earned much more long term dividends with this decision. First,they know very clearly that being a minister does not guarantee or even facilitate re-election if a fair election is allowed to happen under an anti-incumbency wave.

And then, As the current trend goes, i.e. it is very stylish to curse two major political party leaders and demand a 3rd political ( or even non political force) — Tofael and Menon just earned bumper scores in their resume to be considered for a any future 3rd ( political or non political) force front leader job. And in a phenomenon of reciprocity, while Tofael- Menon gain 3rd force credibility, 3rd force also gains traction with more credible 3rd force leadership contenders.

 

The Novelist and his upcoming novel

I guess Humayn Ahmed’s upcoming novel “deyal” is going to win the distinction of second most talked about ‘book-in-writing’. ( I give it second place because for hype about a ‘not-yet-written’ novel, the top place all time in the history Bangla literature will unsurpassably remain with Tahmima Anam and her novel ‘A Golden Age’, ever). Dozen of articles and op-eds have already been published in several Bangladeshi outlets ( but nothing compared to New York Times, Guadian, NPR  reviews and dozens of TV interviews of Tahmima Anam gave including BBC radio even before her first ever novel was published). Even this obscure blogger tried to write an amateurish piece in BDNews 24.com opinion page. The full piece is reproduced for AlalODulal readers across the fold.

But on the side of the fold let’s share with you one reader’s comment about the piece. The reader commented,

Humayun Ahmed has received so much help, financial assistance, and favors from the current government that he probably feels obligated to pay off some his debt, which is fine except he shouldn’t try to call his novel a piece of literature. He should, if he is honest, put the testimonial at the beginning of his novel that it is his way of paying off his debt to this government.

As the reader rightfully questions the literature value of this upcoming novel and our court and the government remains very concerned about the historical value, this blogger sees the novel as the litmus test for intellectual honesty of author-film maker Humayun Ahmed.

 

Complete piece is over the fold.

 

 

When you call a politician a grassroots politician?

You call a politician grassroots politician when…

 

 

 

 

 

…in response to the abduction of their dear leader, mass people from his roots grab whatever weapon they have at their disposal and proceed to faceoff with the overwhelming forces the state.

 

Maisha’s Day out and our exuberant police

Those who have watched the movie ” Baby’s Day Out”, must recollect the similarities and dissimilarities of the storyline of the movie and recent sensational abduction of the infant named Maisha.

In ‘Baby’s Day Out’ movie, three criminals abduct the baby of a rich man with the hope of Ransom. But the naughty baby, almost same age that of Maisha, gives the three kidnappers, not used to taking care of a baby, a run for their money. Maisha was snatched away when five robbers robbed her house in Khilgaon, Dhaka.

We don’t know what transpired between Maisha and her kidnappers since she was snatched away from her mother’s lap, but we can easily assume that the robber/ kidnappers did not have much luck with baby Maisha either. It probably was the longest night for the kidnappers, no sooner the morning day light came out and the kidnappers found a suitable spot to drop the baby off, Maisha was out in the streets waiting for someone to pick her up. The robber/ kidnappers had to be ingenious in finding a way to send a message with Maisha. Giving a piece of paper at Maisha’s hand was out of question. Maisha will either eat it or throw it away. Baby’s don’t carry bag or don’t have pockets. So the robbers came up with the excellent (!) idea of buying a white T shirt for Maisha, write the message on the T shirt and put the T shirt on her!

 

Today’s Sound Bite

Dhaka University Law profesor Asif Nazrul on the Forced Disappearance of opposition leader Ilias Ali

Bangladesh National Human Rights Commissioner on the forced disappearance of Ilias Ali

Dr Asif Nazrul on Forced Disappearance

PM Sheikh Hasina on forced disappearance of Ilias Ali

 

Alien Invasion on Bangladesh

Over the last few years mysterious things started happening in Bangladesh. In the absence of any earthly explanatin of those incidents, there has been serious concerns among informed people of Bangladesh that Bangladesh is at the recieving end of an alien invasion.

The description of the following events will prove, beyond an iota of doubt in anybody’s mind that , a barrage of attack have been unleashed on the people of Bangladesh.

It first started with alien kidnapping. First notable victim of such kidnap is an elected official of Dhaka city local government Mr. Chowdhury Alam. Since he went missing from Dhaka city nearly two years ago, he has never been seen again.

A closer look revealed that during this time period, Mr Alam was not the only one being kidnapped by alien. Many young men, opposition activists, stuents from Sylhet and other areas went missing. All but one of those kidnapped by the aliens never came back. The only lucky one who could come back alive, sans all the memory of the time of confinemnet, was the son of a fiery religious figure Mr. Fazlul Haque Amini. It was not clear why the aliens let Mr Hasnath, son of Maolana Amini let lose. However, this event may make a strong case in support of the theory that aliens worship the same God and they had some soft corner for the pastor Mr Amini.

Very soon, along with Kidnappings, killings started to take place. This time another local government level leader of Dhaka city from the opposite political spectrum got killed very msteriously. The aliens were so intrusive and invasive that they could easily penetrate inside the SUV of a powerful ruling party MP inside the compound of Bangladesh’s national parliament building amd kill one Mr Ibrahim in point blank range.

Not only known faces lik Ibrahim or Chowdhury Alam were being killed/ kidnapped in high profile places, mysterious killing started being noticed in all remote corners of Bangladesh like the Bay near Borguna, Joydevpur, Bhanga region of Faridpur district, Dhaleshwaree River near Munshiganj district, Ashulia/ Kuril, Pabna etc.

However one of the daing action of the alien commando forces were that of Sanaullah babu killing. Sanaullah Babu was another elected local government leader in a northern district called Natore. In this event the aliens showed their T – 1000 the nanomorph like ability to take other peoples’ shapes. During this event, which was widely recorded by multiple cameras, the aliens took the shape and look of many ruling party members of that district. Specifically the lead killer took the shape of a popular local Awami league leader Zakir.

Similarly got killed another local government leader, again this time from the opposite political base, Mr. Lokman Hossain.

The aliens did not stop in killing political activists, local government leaders only. An extremely powerful couple, both are senior TV personalities and TV journalists, were stabbed to death inside their apartment. The government could not give any earthly explanation of their gruesome murder– making it the highest profile case of the series of mindless alien assasinations taking place in Bnagladesh.

Within a very short interval, the aliens, without any reason, abducted a diplomat of Saudi Arabia stationed in Dhaka, Bangladesh and killed him in a highly professional manner. This specific killing heralds a new front of attack unleashed by the aliens. The clever war planners of the alien empire knew it very well that killing of a Saudi diplomat in Bangladesh may seriously weaken the position of Bangladeshi migrant labors in Saudi Arabia and harm Bangladesh economically.

The latest incident involving the invading alien force in Bangladesh resembles robbery of Fort Knox. This time the aliens looted a big chunk of money from within the car heading to the home of a powerful minister of Bangladesh. And this brazen loot took place within the highly fortified compound of a paramilitary force of Bangladesh. This specific operation suggests growing confidence of the aliens in hitting anyone, any place anytime in Bnagladesh.

 

Abul Kalam Azad and Two Memories

It’s either 2005 or 2006. I am sitting at a family member’s home in Virginia, enjoying the new experience of watching Bangladeshi channels in the US. While surfing channels, the visage of a bearded man, holding forth on some lecture, flashes on the screen.

For the first and last time in my life, I hear the sound of teeth being gnashed.

I turn and ask my family member the reason for his extreme reaction. He tells me his story- of how, as a youth, he had run, futilely, after a Pakistani Army jeep which was driving away with his father. The place was Faridpur. The year 1971. And the man who had guided the Pakistani Army to his home was Bacchu Razakar, now Maulana Abul Kalam Azad, the man with the orange beard.

 

March 12 Rally, and Afsan Chowdhury’s Bias

March 12 saw over a hundred thousand people gather to listen to Khaleda Zia speak. They came, despite the fact that all long-distance transportation to Dhaka, including buses, trains, and ferries, had been stopped the last three days, that police was indulging in mass arrests of anyone even suspected of going to the rally, and that on the day of the rally, AL workers armed with weapons were stationed at various points of the city to “discourage” people from attending the rally.

But you wouldn’t know any of that from reading Afsan Chowdhury’s latest. In fact, his piece is a perfect illustration of the iron-clad rules governing BD journalism. All criticism of AL is generic and vague: “AL came out looking like a bunch of scared rabbits”, “the AL who now stands out looking inept”, “But what the AL also did in its failed attempt to contain the crowds from swelling was use its cadres”, “AL had a bad case of nerves”, “AL decided to add to it by making direct broadcasts impossible”, “the party came out looking so novice like, out of depth and touch, hardly the kind of maturity that can handle a political crisis.”

You see, AL is a party governed by a series of inter-changeable drones, and all members have the exact same contribution to policy-making, so it makes no sense to mention the prime minister, or any of her advisers, or members of her cabinet. The party is governed by a hive-mind. Everyone is equally culpable: no need to mention anyone by name.

By contrast, the criticism of BNP is sharp and personal: “Khaleda where her political imagination is limited by her lack of understanding of what people want”, “she however left out was significant which is any reference to the War Crimes Trial”, “It was a very convenient but unpleasant silence on the part of Khaleda Zia”, “Khaleda has declared a number of new programmes including a hartal. So we are back to the hot and heavy season.”

Simple: BNP bad, Khaleda Zia worse.

Finally, this may come as a shock to Chowdhury, but there is no law “that forbids any criticism” of the war crimes trial. There is, however, Section 39 of the Constitution of Bangladesh, which is titled “Freedom of thought and conscience, and of speech.”  It protects the right of all Bangladeshis to express themselves as citizens of a free and democratic country. Perhaps he should glance at it.

 

What happens in Hathazari, stays in Hathazari?

Mull over this: if a temple is ransacked in the forest, but no one is around to hear it, does it make a sound?

As per bdnews, several temples and shops were burned. This ransacking went on for two days. Bdnews says:

The leaders of the Hindu minority there blamed the ‘indifference’ of the administration for the situation.

The problem is, the facts suggest otherwise. The local level administration tried to hold some meetings and head off any trouble before things got out of hand. Then Anisul Islam Mahmud, the local MP stepped in. Now, he isn’t just your typical Jatiyo Party MP who has trouble even doing something innocuous as taking over a local hospital. Mahmud, along with Ziauddin Bablu, is Sheikh Hasina’s enforcer in Jatiyo Party, and is tasked with making sure that JP Chief H. M. Ershad stays in line. As such, Mahmud has, at all times, the ear of the Prime Minister. When he was not successful (by some accounts, he was chased by local people and had to be rescued by police), Afsarul Amin showed up. Afsarul Amin is the senior representative from Chittagong in this current cabinet, and was probably the best person for the job since former mayor Mohiuddin Chowdhury refused to get involved in this matter. Amin, too, failed to get things under control. It took the deployment of a heavy contingent of police and RAB to finally bring the situation under control.

And then, poof. The matter disappeared from our media. No follow-up reports to investigative articles. No allocation of the blame.

Or rather, some allocation of the blame. Four days after the incident, Nurul Islam, another MP from Chittagong and the leader of one of the three factions currently active in Chittagong AL, said this:

চট্টগ্রামে হিজবুত তাহরির, জেএমবি নিয়ে আমি দীর্ঘদিন চিৎকার করছি। শেষ পর্যন্ত তারা হাটহাজারীতে ঘটনা ঘটিয়েই ফেলল। ঘটনার বর্ণনা আমি দিতে চাই না। তবে চট্টগ্রাম-৮ আসনে সন্ধ্যা ৬টা থেকে রাত ১টা পর্যন্ত মন্দিরে মন্দিরে ঘুরে ঘুরে আমি পাহারা দিয়েছি।

I have been complaining for a long time about Hijbut Tahrir and the JMB. At last, they succeeded in causing the incident at Hathazari. I don’t want to go into the details of the incident, but I personally went from temple to temple between 6 pm and 1 am to guard everyone

The column was, ironically, titled “যার কাজ তাকেই করতে হবে”. Islam is silent on whether he thinks it is now his job to patrol the city at night to ensure law and order. Islam’s allegation that HiT and JMB are behind the attacks are also problematic. Both groups are banned in Bangladesh; people routinely get arrested for just owning literature that espouses their cause. That they would go on a violent rampage for two days, and be met with negotiation and discussion from the highest levels of the government, is fantasy, pure and simple.

Then day after, Abdul Mannan, the former Vice Chancellor of Chittagong University, who is now the designated pro-AL voice in Prothom Alo, wrote this:

একবাক্যে সবাই স্বীকার করেছে যারা এই দুদিন এমন একটি শান্তিপূর্ণ এলাকায় ধর্মীয় অনুভূতিকে উসকানি দিয়ে পরিস্থিতি ঘোলাটে করতে চেয়েছিল তাদের উদ্দেশ্য কী ছিল? ইসলামী ছাত্রশিবির চট্টগ্রাম বিশ্ববিদ্যালয়ের ঘটনাকে কেন্দ্র করে নন্দীরহাটের ঘটনার সূত্রপাতের দিন চট্টগ্রাম শহরে আধবেলা হরতালের নামে বেশ অনেকগুলো গাড়ি ভাঙচুর করেছে। তারা কোনো কোনো এলাকায় যুদ্ধাপরাধীদের দায়ে তাদের অভিযুক্ত নেতাদের মুক্তি দাবি করেছে। সবকিছু একসঙ্গে করলে সহজে এই উপসংহারে আসা যাবে যে এসব কোনো অপকর্মই হঠাৎ ঘটে যাওয়া কোনো বিষয় ছিল না। সবকিছুর পেছনে সুপরিকল্পিত প্রস্তুতি ছিল এবং উদ্দেশ্য একটাই, যুদ্ধাপরাধীদের বিচার বানচাল করা।

Everyone fully admits to being curious about the motive of those who instigated this incident in a previously peaceful area. Islami Chatra Shibir destroyed several vehicles on the day this incident started, which coincided with a hartal they had called. In some areas, they have demanded the release of their leaders who are now standing trial for war crimes. If all the dots are connected, we can easily come to the conclusion that this was not a solitary incident. There was a singular and well-planned motive, and that was to foil the trial of the war criminals

ICS, Jamaat’s student body, is currently under a state of siege, much like its parent organization. Awami League has consistently chosen to use overwhelming force anytime Jamaat or Shibir was bringing out even peaceful protests. Again, to suggest that the government would passively stand by and allow Shibir to take control of a key Chittagong suburb for two days and stand by passively is to show a reckless disregard to the ground reality of Bangladesh.

To sum up, we have what is, by all accounts, a communal riot, that the government did its best to nip in the bud. Its conduct afterwards, however, seems to have been less than honorable. That our media has gone completely silent on this story, while printing the self-serving allegations of Awami League politicians and intellectuals, is a stain on the entire industry. That the said politicians and intellectuals pin the blame on different groups only makes this matter more ridiculous. And as for the Awami League government, it would do well to remember one of the eternal truths of politics: it’s always the cover-up, not the crime itself, that gets you.

 

বেডরুম পাহারা দেওয়া সম্ভব নয়: হাসিনা

Thirty-seven years ago, the bedroom of another residence in Dhanmondi also became flooded with blood. It congealed, and streamed down the stairs, and seeped into our collective nightmare. Possibly, it affected Sheikh Hasina more than any other person in the world. It is against that background that this comment is utterly inexplicable.

Our public figures say things, and we talk amongst ourselves and debate and argue and fight over them. But sometimes, there arises a comment that is so extreme in its heartlessness, so callow in its apathy, that there is nothing to say. We can only watch, and endure. And hope that some honorable person is shielding little Megh very caringly from the outside world.

 

What a Difference

“The glorious role that the armed forces played in the reconstitution of the caretaker government saved the country from a one-sided Jan 22 election, full of clashes and confrontations. We thank them for this. Now the nation expects arrests of those who plundered people’s wealth in corruption, and recovery of the lost wealth.”

Abdul Jalil, Awami League General Secretary, January 14, 2007

“Everyone suffers when democracy is under attack. We (political parties) may have different points of view. But everyone will have to be united when the issue is democracy.Whoever they are, they will be identified, they will be brought to justice and they will be handed the maximum punishment.”

Syed Ashraful Islam, Awami League General Secretary, January 19, 2012

 

New Tribunals for Bangladesh’s ICT: Some Suggestions

The Government of Bangladesh has suggested that it is going to form at least another bench to expedite the trial of the men accused of committing crimes against humanity. There are certain things that the government can do to avoid much of the controversy that is dogging the current tribunal.

1. Have at least two judges with district court experience: In the current tribunal, Justice Fazle Kabir was a district court judge before being elevated to the High Court. Zaheer Ahmed is also a retired district court judge. District courts are the trial courts of Bangladesh’s legal system, and the judges who rise up through that system have a far greater experience regarding the minutiae of handling a trial, like evidentiary and exculpatory issues. The transcripts of the direct and cross-examination of prosecution witnesses in the trial of Delwar Hossain Saydee has made this abundantly clear. Justices Zaheer and Kabir have been extremely active in deciding whether to sustain or overrule the objections by the prosecution and the defense teams, while the chairman, Justice Nizamul Huq has mostly been a silent spectator. The new tribunal should also have at least two judges with experience at the district court level, and unlike this the current tribunal, one of these two should be made the chairman of the tribunal.
2. Have at least two judges with at least five years of appellate experience: Justice Fazle Kabir was appointed by the BNP government in 2003. So, he had seven years of experience in the High Court under his belt before being appointed to the war-crimes trial. Justice Nizamul Huq, on the other hand, was appointed in 2001, not confirmed in 2003 (along with Shamshuddin Chowdhury Manik, what a wise decision that was), and then again reappointed in 2009. This means that he had only heard appellate cases for 3 years (2001-2003, 2009-2010) before being appointed to the Tribunal, and even that with a six-year gap in between. For the new tribunal, the government would do well to appoint judges with at least five years of uninterrupted appellate experience.
3. Avoid controversial judges: At first glance, this may seem to be an extremely subjective measure, but the government would be wise to do all it can to appoint people who are as uncontroversial as possible. Justice Fazle Kabir is controversial because he was the other judge with then-Justice Khairul Huq when he handed down his Fifth Amendment verdict and started our court on its festival of constitution-shredding. However, that is a matter of completely different magnitude from Justice Nizamul Huq, who took part in a mock-prosecution of these same men as a private citizen, and whose presence has irreversibly tainted the whole proceedings. For the new tribunals, Awami League should avoid individuals with direct participation with the 1992 mock trials, as well as those judges who were reappointed in 2009, and some of whom have been elevated to the Appellate Division.

If Awami League really wants to finish all the trial proceedings within the 2012 calendar year, then it has no choice but to constitute new tribunals. However, the absence of interlocutory appeals makes this process quite challenging, since different tribunals could potentially rule differently on the same issues, and the prosecution would be able to take advantage of forum-shopping. While the road ahead is certainly challenging for the government, if it chooses the members of the new tribunal with some foresight (which was very much missing was constituting the current tribunal), it may make its mission slightly easier.

 

(____) minds think alike

ব্লগ এখন অনেকটা পর্নোগ্রাফিতে পরিণত হয়েছে: Syed Ashraful Islam

“On the Internet 50 percent is porn material. Why should we refer to the Internet?”: Vladimir Putin

 

Abductions, Conspiracies, and Bombs in the Morning

Prothom Alo and Daily Star have an unparallelled ability in Bangladesh to focus, day after day, on a single issue, and force some action on that issue. In the recent past, they did it about Limon, the unfortunate victim of RAB crossfire. They did it about the untimely deaths of Mishuq Munir and Tareque Masud. And lately, they had started focusing on the issue of individuals being abducted and being murdered, allegedly by law-enforcement officials in disguise.

Thus, Daily Star has run the following news-reports:

December 14: Rights violation still rampant

December 15: Seven bodies seen floating in the bay

December 16: Secret killing sponsored by the state: Fakhrul claims BNP its main victim, BNP leader killed after abduction

December 17: Disappearances and secret killings: Creating panic among common people, 5 abducted, missing for 10 days

Prothom Alo has run these:

December 14: ১৭টি সংগঠনের মোর্চার সংবাদ সম্মেলন:
‘গুপ্তহত্যা ও গণপিটুনিতে হত্যা নতুন উদ্বেগ সৃষ্টি করছে’, ধলেশ্বরীতে আরও তিন লাশ: গুপ্তহত্যা

December 15: গুপ্তহত্যা: আরও পাঁচজন নিখোঁজ, রাষ্ট্রের সর্বোচ্চ পর্যায়ের হস্তক্ষেপ আশা করছি
সুলতানা কামাল , মুন্সিগঞ্জে নিখোঁজ মানুষের সন্ধানে আরও স্বজন: স্ত্রীরা এসে স্বামীদের লাশ শনাক্ত করলেন

December 16: পাবনায় যুবকের লাশ উদ্ধার
, নিখোঁজ ও গুম: এএফএডির উদ্বেগ
, মুন্সিগঞ্জ পুলিশের ধারণা: বুড়িগঙ্গা দিয়ে আট লাশ এসেছে, গলায় গামছা পেঁচানো বিএনপি নেতার লাশ

December 17: ডিবির পরিচয়ে অপহরণ
ভাঙ্গার পাঁচ যুবক ১০ দিন নিখোঁজ, ‘দলের কাউকে ধরতে হলে পুলিশকে পোশাক পরে আসতে হবে’, বাংলাদেশে নিখোঁজ ও গুমের ঘটনায় উদ্বেগ

December 18: গুপ্তহত্যার তদন্ত করবে মানবাধিকার কমিশন

December 19:
গুম ও গুপ্তহত্যার রহস্যভেদে গণতদন্ত কমিশন হোক

The response from the government about these claims, as it is about most criticism levelled their way by the opposition, was that BNP was behind all these murders and disappearances to foil the International Crimes Tribunal. Yesterday, BNP held a grand rally to honor freedom-fighters and decisively refute the charges that BNP was out to save war-criminals and foil their trials. However, this development became the second-most important story of the day after the bursts of violence that broke out all over Dhaka on the early morning of the same day.

The government claims, and both Daily Star and Prothom Alocarried this version, that BNP carried out these attacks. Daily Star went even further, and dragged out the two biggest scapegoats of recent years, Hawa Bhaban and Jamaat, as the groups allegedly behind this violence.

What is more likely, that BNP would sabotage the organizational meeting it had been concentrating on all month, or that Awami League was desparate to deny Khaleda Zia a stage surrounded by decorated war veterans? Daily Star claims that BNP Acting Secretary-General Mirza Fakhrul Islam Alamgir was in the dark about all these acts of violence. Meanwhile, Prothom Alo details show district-level leaders from all around Bangladesh were mobilizing to come to Dhaka. So this criminal master-plot was known to district-level BNP leaders all around Bangladesh, but somehow, BNP’s Acting Secretary-General did not know about it? Ridiculous.

Just like the government is running out of money to carry out its everyday duties, it is also running out of legitimate ways to stifle the entirely legitimate dissent that is bubbling up due to its numerous ill-conceived steps. One hopes that it will soon see sense, and shun the path of violence.

 

The Daily Star: Practicing What We Preach Since 1991

 

Bangladesh International Crimes Tribunal: David Bergman and Contempt of Court

In a few days, the International Crimes Tribunal will hold a hearing to decide whether an article written by David Bergman is in contempt of court. The editor and publisher of  his employer, New Age, have also been made co-respondents to this order. It would be instructive to take a look at how Bergman has arrived at this situation, and why the Tribunal is devoting its precious time in deciding such ancilliary matter.

Bergman’s reporting, ever since this Tribunal was set up has been invaluable, for two reasons. He has provided a somewhat unbiased voice, reporting the details of the legal proceedings without the ideological goggles that hobble so many of our other reporters. Moreover, he has had at least some interaction with foreign judiciaries, and has been able to effectively compare and contrast the Tribunal against its international counterparts.

We should note, at the outset, that Bergman is British, which means that he has had some experience operating under draconian press laws. This has generally stood him in good stead. A lesser individual, perhaps an American, would have been reduced to hysterics and babbling incoherently about freedom of speech by now.

Last April, Bergman wrote a largely positive piece about the Tribunal. However, the Tribunal picked out two phrases used in the article, and took issue. One was “the tribunal showed itself to have lost its backbone” and the other was “return to being the rubberstamp?” What followed, in the Tribunal’s next proceeding, is best described in Bergman’s own words:

Judge AKM Zahir Ahmed then spoke. He said that an article had come to his attention, ‘International Criminal Tribunal: Growing Independence or a Return to be being a rubber stamp’ which was in part ‘contemptuous’. He said,’Journalists are allowed to express their views’ but cant be in contempt of court.

He then referred to various expressions that were used,’Who is he to say what does or does not have a backbone?’

…

Justice ATM Fazle Kabir then spoke, and asked whether ‘David Bergman was present in court.’ I put my hand up and he then asked me to stand up. He then said, ‘We have gone through this report. Your manner of reporting is very nice, no doubt … We know that you are of foreign origin and so we are warning you about your language.’

He then said that there were two words that were ‘very much contemptuous.’ He then referred to the use of the word, ‘Rubber stamp’. ‘We are very sorry about this but you can not use this words about our court. If you use these words in future then we will take action. According to the rules of this court in Bangladesh these words are absolutely contemptuous. In recognition of the fact that you are a foreigner, we will not take action against you.’

Yikes. Called out in open court. Not a fun experience.

However, it’s hard to see why hoping a court does not become a rubber stamp for the prosecution should be contempuous; here’s the same term being used regarding the Foreign Intelligence Surveillance Court, one of the US Government’s most sensitive organs, a justice of the United States Supreme Court, and by Julian Assange regarding the British Court ruling that allows his extradition to Sweden. Does that mean that the courts of United States and United Kingdom are less deserving of our respect? Or that they have a greater tolerance for criticism?

What about the Tribunal’s objection to being relegated with the fruit fly and spiders? If that is contempuous, what should we make of thisclaim by Steve Forbes, publisher of Forbes Magazine and a Republican presidential candidate in 1996, that “the United States Supreme Court has the backbone of an eclair?” Should the United States Supreme Court take lessons from the Tribunal in comport and dignity? Or am I guilty of comparing eclairs and chomchoms here?

Well, following this little showdown, Bergman managed to stay out of trouble for almost six months. Until, that is, the Tribunal got down to its actual business and took cognizance of the charges against (a fancy way of saying indicted) Delwar Hossain Saydee. Bergman again wrote a rather milquetoast article: reviewing the proceedings so far, and mapping out the road ahead.

Again, the Tribunal confused Bergman’s expression of some people’s fears about the Tribunal as Bergman’s own opinion, and whipped out its contempt of court order. Looking back, it’s only surprising that the Tribunal restrained itself for so long. Ever since then-Justice Khairul Huq used contempt of court to accomplish what Prime Minister Sheikh Hasina could not, this particular mean of stifling dissent is extremely popular with Bangladesh’s higher judiciary. In short, the feeling is “all the cool benches are doing it, why shouldn’t we?”

The contempt order was passed down on October 3. Bergman and New Age management submitted its replies on October 27, arguing that its report in contempt of court. The Tribunal will hear oral arguments and pass its order some time in the coming week.

In all likelihood, Bergman will get away with only a verbal warning, and maybe a token monetary fine. As noted, the Tribunal is entering a crucial phase here, and it will be unwise to distract attention from its legal work by handing down an unnecessarily harsh measure, especially on such a well-regarded individual. In the off-chance that the Tribunal does impose a more punitive penalty, it will be making its own functioning decidedly more complicated, and add to the miasma of controversies that is already swirling around it.

 

Bangladesh’s Judicial System: A Snapshot

The case is regarding Mohiuddin Khan Alamgir’s election to Parliament in the last parliamentary election. He is being represented by Barrister Rokonuddin Mahmud. Under a law enacted during the last military-caretaker government, a convicted person could not contest in the election, which Barrister Mahmud is trying to evade. This following exchange takes place between him and the judges hearing the case:

Court: What if we declared the entire military-caretaker government illegal?

Mahmud: (with some concern) That would make the last general election illegal as well.

Court: So what? It would give a nice jolt like the Fifth Amendment verdict.

Mahmud: We don’t want that, and we won’t be making that argument.

The Fifth Amendment verdict, along with the ones handed down by Chief Justice Khairul Huq, including the one cancelling the caretaker system (which has still not been written), did give Bangladesh quite a jolt. Who are the members of the bench wanting to make things even more exciting for our countrymen? The senior member is Justice Shamshuddin Chowdhury Manik, last seen throwing a tantrum in a Biman airplane and threatening to convene a court right there and then unless he was upgraded to Business Class despite having only a Economy Class ticket. The junior member is Justice Jahangir Hossain, who is a nephew of Zillur Rahman, the President of Bangladesh, and earlier used that piece of serendipity to grab the plum posting of Dhaka District Judge, superseding about two hundred judges with more experience. The normally supportive Mizanur Rahman Khan wrote a scathing article in Prothom Alo about Hossain’s shenanigans, which was titled: “The Judicial System is Collapsing.” Not that any of it mattered, Jahangir Hossain was duly elevated to the High Court, probably as Manik’s perfect foil.

Let us turn to another court appearance a few days before that. Three individuals who were accused in the sensational Lokman Hossain murder case, including the brother of the Rajiuddin Ahmed Raju, the current Telecommunications Minister, appear in front of another High Court bench, composed of Justices Syed Mohammed Dastagir Hossain and Gobindra Chandra Thakur. This following dialogue ensues, with Advocate Anisul Huq representing the defendants:

Court: It is an exception to see such a popular mayor being assassinated like this. Will our country run out of good men soon?

Huq: We wouldn’t have come to you, but the situation is bad. Please give us bail for thirty days.

…

Court: We have tried, but we cannot grant you bail. Our conscience will not allow it.

Where to begin here? First off, do Bangladesh’s judges remember their roles, or do they think that they are the heroes in some Bollywood movie? For the crime of murder, it does not matter if the victim is an elected official, or a popular leader, or an unknown person no one has heard of and no one mourns. The standard is the same, if that standard is met, then the defendants automatically get bail, otherwise not. And where does the judge’s conscience come into all this? In many areas of law, there is a considerable role for ambiguity and discretion. But obtaining a bail is not one of them. There is a straight-forward standard, and a person either deserves bail or does not. And none deserves to see play-acting in our highest courts.

A country can probably have stability if its generals don’t know how to make war, its scientists cannot innovate, or its bankers spend their days in profligate behavior. It cannot have stability if its jurists don’t understand law. Bangladesh’s immediate past Chief Justice Khairul Huq quoted salus republicae est suprema lex – the safety of the state is the highest law – in handing down two of his most controversial decisions, even though nothing could be further from the truth. The safety of the state may be ensured if political opponents are arrested and tortured, or if political dissidents are kidnapped and killed,  but the law can never countenance such. Bangladesh may get the leaders we deserve, but its people deserve better judges than these.

 

Ziaur Rahman: The man who gave us our identity

When President Ziaur Rahman was killed, he was only 45. But within this short life span he contributed enormously to Bangladesh. His catalytic role in initiating the mass revolt among Bengali members of the armed-forces after the brutal military crackdown of 25th March 1971, and his contribution as a military leader of Bangladesh’s war of independence distinguishes him as one of our top national heroes. Zia’s post independence role in building modern Bangladesh brick-by-brick by revamping all sectors starting from mutiny-ridden ‘broken-chain-of-command’ military, to her global image, to initiation of open-market-economy, are enough to immortalize him.
Yet, Ziaur Rahman’s lasting legacy will be his contribution to give the people of Bangladesh an identity — ‘Bangladeshi’ — that is inclusive of all the races, ethnic groups and religions. This identity emanates from Zia’s political philosophy of Bangladeshi nationalism, which was embraced very enthusiastically by an overwhelming majority of Bangladeshis. The political philosophy of ‘Bangladeshi Nationalism’ was expressed as his forward looking, conciliatory, inclusive and tolerant modus-operandi of nation building.
In an orientation session for the newly-elected BNP members of the 2nd Parliament, Zia explained Bangladeshi nationalism the following way,

“Now the question is, what is nationalism? If we study history of the world, we will see rise of different sorts of nationalism at different times and places. In this regard, first comes ‘racial’ or ethnic identity based nationalism. Arab or German nationalisms are prime examples of this kind of nationalism. German nationalism is based on Arian race. Hitler might not have talked about German nationalism if after World War I; parts of Germany were not occupied and shared by states like Britain, France and Poland. This act prompted Hitler to promote race based German nationalism. And we all know of Arab nationalism. … The late president of Egypt, Mr. Jamal Abdul Nasser was able to give a significant shape to Arab nationalism. Arab nationalism still exists and stands tall proudly with all other races in the world.
Next comes language-based nationalism. The slogan of Bengali nationalism is built on this philosophy. And for this reason, Awami League still dreams of establishing Bengali nationalism.
And then Muslim League, IDL and the Jamaatis talk about religion based nationalism. At the beginning of this century, Jamal Uddin Afghani preached Pan Islamic nationalism; the spirit of religion-based nationalism originates from that pan-Islamism. To be frank, since inception of Pakistan, Bangladesh was exploited and ruled in the name of this religion-based nationalism. But the ‘politics of exploitation‘ in the name of Islamic Nationalism could not keep Pakistan intact. Independent-sovereign Bangladesh was born.
Politics can be based on regional identity also, thus creating a new regional nationalism. In this regard we can mention the name of EEC (European Economic Commission). EEC has her own parliament i.e. the European Parliament. Many EEC countries are not even connected via land, yet they were able to bring forth new spirit and new idea of cooperation among themselves. They are collectively trying to give themselves a distinct identity as Europeans. Broadly one can assume that they are moving towards a new nationalistic identity.
War can be the base of nationalism too. But that is not a ‘compulsory’ or essential pre-requisite of nationalism.
Bangladeshi nationalism is based on all of the above components of nationalism…. We have ethnic heritage, a rich language and religious tradition. We all live in a single important geographic location. We have the dream of building a new economic order. And the blood-drenched spirit of our war of independence motivates us all. Presence of so many nationalistic elements is unprecedented in one nation’s identity.
When people say that Bangladeshi nationalism is not embracing religion, they are wrong. Religious identity and fidelity to faith is a great and historic trait of Bangladeshi nation. It has been mentioned in the Holy Quran that ” La Iqra Fidweene“, ‘religion should not be forcefully imposed’. Hence Bangladeshi nationalism is neither religion based nor religion averse. This nationalism ensures each and everyone’s faith and religious rights. And Bangladeshi nationalism is also not a purely language based nationalism. …
The philosophy of Bangladeshi Nationalism has ‘absorption power‘ and ‘elbow room.” [Translated into English from original Bangla speech by the author.]

Zia responded to the call of Bangbandhu to take up arms and lead the fight for Bangalee nationalism. But in an independent Bangladesh, he understood the need for an inclusive nationalistic identity for people of erstwhile East Bengal / East Pakistan who are predominantly religious Muslims Bangalees but very tolerant and accommodating to the rights of non-Muslims and or non-Bangalee ethnic groups.

Even today, over 30 years after his death, changes in Bangladesh constitutional framework initiated by Zia has been the basis of governance in Bangladesh. Zia re-introduced multi party democracy and press freedom back to Bangladesh. Thanks to some activist judges and an overwhelming parliamentary majority of currently ruling Awami League, a big push is being made to remove Ziaur Rahman initiated changes in the constitution of Bangladesh. Despite all the vicious attacks on late President Ziaur Rahman from the highest levels of the government, Zia introduced constitutional changes enjoy enormous public support and it is very likely that practically most of his changes will remain in the constitution. This is the ultimate success of Ziaur Rahman’s political philosophy, Bangladeshi nationalism.