Tuesday, December 11, 2007

STATEMENT:Election conducting Government officials right from the office of Chief Election commission up to Returning officer...

Adv. Shahanur Islam Saikot Programme Manager-Legal & Human Rights Since after the killing of the father of the Nation Bangabundhu Sheikh Muzibur Rahman on 15 August 1975 the following elections were held in Bangladesh: 1. Referendum of Military ruler Lt. General Ziaur Rahman was held in the year 1977. At best 2 % of voters turned out but the election-conducting officials in the presence of the Military showed 98% casting of the total voters and Ziaur Rahman achieved the peoples mandate to become the president simultaneously holding the post of Chief Staff of Army. There was no role of politicians in that rigging of election. 2. President election was held in 1978 under Martial law of Ziaur Rahman who contested the election against General (Retd) M. A. G. Osmani, who was C in C during 1971 war of liberation. Opposition candidate Mr. Osmani had to face obstacle everywhere throughout the whole country in his election campaigning meeting by the respective local administration under the direct direction of the military authorities. The poling centers were under the control of the militarized administration. Ziaur Rahman won the president election with huge margin of votes due to massive rigging both in casting and counting of the ballot papers. 3. Parliamentary election was held in 1979 under the Martial law of Ziaur Rahman. Two third majorities in the parliament was required to ratify all the Martial law regulations before lifting the said Martial law. So the fate of the election result was pre-decided by the militarized government mechanism. The political party of Ziaur Rahman was formed under the guidance of Directorate General Forces of Intelligence (DGFI), Zonal, sub-zonal and District Martial law Administration in the name of Bangladesh Nationalist Party (BNP). The BNP won the pre-decided number of seats in the parliament by massive rigging both in casting and counting of the ballot papers by the militarized election-conducting officials. In those three elections under military ruler Ziaur Rhaman, there were no scopes of participation in election rigging by a single political leader and worker. Rather those malpractices adopted by a military ruler could teach the civil & police administration how to manipulate election violating the service ethics with the hope of reward from the winning government party. 4. Hossain Mohammed Ershad, another Military Ruler, came to power as C. M. L. A. after the killing of Ziaur Rahman on 30 May 1981. He also followed same roadmap of his predecessor. He formed a political party in the name of Jatyo Party (J.P.) and held parliamentary election in 1986. This time his opponent Awami League could recover strong organizational strength under the leadership of Sheikh Hasina. So, J. P. had to face tough contest and could not win majority seats as declared by the election commission through Bangladesh Television for a few hours. So in the midway the declaration of the election result was kept suspended for three days. The military ruler Ershad needed two third majority of seats in the parliament to ratify the Martial Regulations. So, he started mechanism to rig the election both by sealing extra ballot papers and its recounting in the office of the returning officer in the district Head Quarter. Thus after ensuring two third seats in the parliament the election result was declared and J. P. won 2/3 rd seats. So no political leader and worker did have any participation in rigging the election of 1986. 5. The same military ruler held parliament election in 1988, which was not participated by major political parties A.L. and BNP. On the polling day the country including the capital city, Dhaka, was worst affected inn by 1988 devastating prolonging flood. So even 1% voters did not turn out to the polling center but the militarized election machineries showed above 60% votes to have been cast. J.P. won the voter-less election and claimed to have bagged above 60% of votes in their favor. Here not the politicians but the government officials having enriched with previous experience and practice could change the day in to night in their effort of election rigging. 6. Election in 1991 & 1996 were held under non partiesan care taker government as per demand of the political parties for free fair and neutral election. Those two-care taker government did not give any arresting power to the military authority. They were put under the command of civil administration as per criminal procedure code (Cr.pc). For that reason the military, deployed in election duties, were camped in district Head quarter and not allowed to visit any polling center without a magistrate in case of tackling grave situation out of control of police & Ansar. In absence of the arresting power to the military and restricted visit to the polling center the elections were held in those two terms more free, fair and neutral and voters were very happy to elect their representative as per their own will. 7. In 2001 the election was held under 3rd caretaker government of Justice Latifur Rahman. From the beginning of his power as chief Adviser he started to show adverse attitude towards Awami League and favor to BNP. The nation was surprised to see that the electric and telephone line of the residence of Sheikh Hasina a immediate past prime minister were disconnected by the care taker government immediately after oath taking ceremony. The care taker government started cleansing operation in the whole government machineries through massive transfer, suspension and putting officer on special Duty (OSD) i.e. sitting without any job or any office. The blueprint behind such cleansing operation of the care taker government were aimed creating panic within the government officials so that they would fear the caretaker government and implement any evil design of the government without any protest. Those care taker government re-imposed militarization the whole election process. They amended Cr.p.c. and empowered the military with arresting power to arrest anybody without any warrant and on mere suspicion while on election duties. Those military contingences were deployed to each of the Upazilas (police station) 10 days ahead of the polling days. The military started to give round to each of the polling center and surrounding localities to arrest and torture any person against their chosen contesting candidates for member of parliament. Thus a reign of terror was created in all the constituencies allover of the country. Mainly their actions were concentrated against the local leaders, workers and voters of Awami League because Awami league is always against militarization of the administration and the government to uphold the true democratic nation. On the other hand BNP took its birth in the cantonment by the military ruler Ziaur Rahman. So, all benefits of such design of militarization went in favor of BNP Jamat alliance. The military without encountering any protest either from panic-stricken A.L. supporter or same panic stricken civil and police administration could safely ensure victory of their chosen candidate from BNP-Jamat alliance as MP in a very peaceful manner in the eyes of the international community. In spite of massive rigging done due to militarization the A.L. alone got 40.24%, BNP + Jamat for BNP candidate got 41.14% and Jamat+BNP for Jamat Candidate got 04.50% of total counted votes. But surprisingly only for difference of 0.90% votes between AL candidates and BNP candidates, BNP won 196 seats and AL won only 62 seats. The Jamat candidates got 04.50% votes but won 18 seats. Is it not a magical distribution of seats in the parliament by a skilled and well architectured mastermind of the government machineries? From the above fact it is evident like daylight that no political party and politician are the main obstacle in the path of free fair and neutral election in Bangladesh. It is the politicalized military controlled election conducting government official who are main hurdle in the path of free, fair and neutral election But all the international communities including EU are pointing their finger towards the political parties and the politicians as a main obstacle in the path of free fair and neutral election and suggested to reform the political parties and preparation of photo-voter list in the tune with the military backed caretaker government as the only precondition of fair election. The real reformation should be concentrated to de-militarization of the election process. The military should not be given any access to the power of arrest without warrant through re-amendment of Cr.p.c. There must be rule of conduct of the election conducting officials and provision of punishment including the specific case, arrest, dismissal, suspension, and departmental proceeding as per gravity of offence committed against fair election. If the proper rules and regulation can be enforced upon election conducting government officials to force them to become neutral as proposed then holding of free, fair and neutral election as desired by the national and international communities will not be impossible with the present set of government machineries.

Saturday, December 8, 2007

STATEMENT:De-militarization of Bangladesh for the political stability and implementation of Human Rights

Adv. Shahanur Islam Saikot Programme Manager-Legal & Human Rights The legacy of militarization was acquired from Pakistan since after 1947, the de-colonization and independence of India from British Empire. Pakistan was partitioned from India on two nation Hindu-Muslim theory not on the basis of strong political institution as was happened in India under Indian Congress. The dictatorial attitude of Mr. Mohammad Ali Jinnah of Muslim League of Pakistan did not allow making a 2nd man in his absence to run the Government of Pakistan. At the death of Mr. Jinnah just after one year of independence of Pakistan in September 1948 no able political leadership was found to lead the country. Army Beurocrat up to September 1958 occupied that vacuum of political leadership. Whenever a political government tried to run the country the Army Beurocrates deposed that government. There were several precedence of frequent changes of the government of Pakistan in those time even twice in a day. Off late full martial law was imposed by Commander in Chief General Eshkander Mirza in October of 1958 and became the self-declared president. Within a short time field Martial Ayub Khan, C in C forced Eshkander Mirza to leave the country and became the president. He ruled Pakistan up to 23rd March of 1969 and handed over power to the next C in C Gen. Yahia Khan. Under national and international pressure the general was compelled to hold general election of the members of Pakistan National assembly in 1970. Awami league under the leadership of Bangabundhu Sheikh Muzibur Rahman won 167 seats out of 300 seats in National assembly. The martial law president Gen. Yahia Khan denied to hand over power to the majority party Awami League and its leader Bangabundhu Sheikh Mozibur Rahman. He waed war against the people of Bangladesh on 25th March 1971 mid night. The liberation war of Bangladesh was started and victory was achieved on 16th December 1971. Bangladesh was liberated from Pakistan through 9 months bloody war of liberation and a democratic government was formed by Awami League under Bangabundhu Sheikh Muzibur Rahaman after having long suffering from military rule of Pakistan. But the Pakistan trained Generals of Bangladesh military did not leave away the foot prints of their masters, the Generals of Pakistan military. While the democratic Bangladesh under Bangabundhu Sheikh Muzibur Rahman was deeply absorbed in building up war ravaged Bangladesh the General of Bangladesh under the clandstam support of Pakistan and some counter revolutionary Pakistan oriented Muslim fundamentalists elements were engaged in deep conspiracy to restore military rule in Bangladesh like Pakistan. On 15 august 1975 some military personnel with the support of Dy. Chief of Staff Maj. Gen. Ziaur Rahman assassinated Bangabhandu Shiekh Muzibur Rahman, his whole family members present in the residence, some cabinet Ministers, senior Awami League leaders and arrested many senior cabinet ministers. The democracy again went to the hand of the military and its ruler Lft. Gen. Ziaur Rahman. He was assassinated on 30 May 1981 in another coup by the military and Ltf. Gen. H.M Ershad appeared in the scenario of power. He continued as Chief Martial law administrator and became president until he was thrown out by the mass upsurge on 06 December 1991. Since 1991 up to 2006 for 15 years, in 3 terms the democratic government ruled the country. It is a bare fact the true practice of democratic norms of the people of a nation cannot be achieved over night through a revolutionary path. It is a psychological evolution to make the citizen to be tolerant to others opinion. That is why it requires a few generations through practicing democracy to achieve a real democratic government. So, only 15 years of democracy in Bangladesh is too a short period to establish a real democracy. The present military backed caretaker government with a plea of caoatie situation among the parties took over power on 11 January 2007 under constitution Article 58 © with the compulsion to hold election and hand over power within 90 days. But an invisible government, the Directorate General Force of Intelligence (DGFI) within the CT government, like ISI of Pakistan, is not willing to allow the CT government to hold election and want to prolong the military power with the plea of prolonging process of photo-voter list and ID card. They are making various blue prints to de stabilize the popular two political parties Awami League and Bangladesh Nationalist Party (BNP) and putting the political leaders in to prolong detention in the name of so called corruption cases without fare trial by open court although the Hon’ble High court has rejected many of such cases. The prime purpose of such cases as instituted illegally and convicted in camera trial is to put the political leaders in to disqualification of future politics and the gap will be filled up by retried military personnel so that the parliament can be a rubber stamp parliament under the dictation of the military. That is, in disguise, the military will rule the country as per the road map of Pakistan military rulers. To get rid of the military intervention in the path of democracy which is a topmost priority for protection of Human Rights in Bangladesh the following measures may be taken immediately: • State of Emergency must be lifted immediately • Political activities should be restored • Military should be taken back to barrack • Political leaders under detention should be bailed out and let them face trail under normal court not under any special court of camera trial. • Election should be held within January to February of 2008 under updated voter list as per verdict of the Supreme Court instead of waiting for long process and expensive photo voter list. • Military intervention to disrupt the democracy must be restricted by a resolution of all international communities under UN. • If there is non proliferation treaty to save the human civilization from nuclear weapon then why there is for protection of human rights to save the world citizen of our beloved small earth from the atrocities of the military at the threat of their might of military arsenal.

Sunday, November 11, 2007

STATEMENT:State of Emergency has become the Main Obstacle in the Path of Protection of Human Rights

Adv. Shahanur Islam Saikot Programme Manager-Legal & Human Rights The army backed care taker government declared state of emergency on 11 January 2007 at eve of taking power as caretaker government under article 141 of the constitution. As per constitution its duration will be maximum 120 days. The prevailing situation of the country does not demand further extension of the period of emergency in Bangladesh. but the army backed caretaker government under the direction of the invisible government, the directorate general of forces of intelligence (DGFI) might have been unable to lift state of emergency. It is a common perception of the conscious people of the nation that the DG Maj. Gen. Golam Mohammad, Director Brig. Gen. Fazlul bari chowdhury and Director Brig. Gen. Amin of DGFI are directly linked up with Jamat-e-Islami politices and its chief Matiur Rahman Nizami. Thier main aim is to promote Jamat-e-Islami in to power to make Bangladesh in to Islamic sate. Their secret blueprint is to break two main political parties Awami League and Bangladesh Nationalist Party (BNP) so that Jamat can appear as a bigger political party. In this process the disintegrated AL & BNP will not achieve majority seats in the next parliament election. In that situation Jamat will come to the forefront to from the next government with that target in view the DGFI officials have almost set a particular decision making body inside the care taker government with direct assistance of law adviser Moinul Hossain, ACC chairman Lt. Gen. Hasan Mashud Chowdhury & principal staff officer LT. Gen. Masud Uddin Chowdhury. The DGFI has illegally appointed temporary legal advisors from the lawyers with the payment from the secret source money (S.S. money. The mode of their operations is as follows: 1. Use popular slogan of anti corruption drive against the politicians in the context of massive corruption on during BNP –Jamat alliance govt. from 2001 to 2006. 2. Use emergency rule to pick up any body from any where at any time, tight his eyes and take him to unknown destination that almost like abduction. 3. With tight eyes and making the body fully naked put the arrested person in to dark hole with full of ice for couple of hours. 4. Next put him in to a heated room again for a couple of hours. 5. Next therapy is electrical shock. 6. Interrogation take his statement as per the desire of the DGFI officials which is also recurs did in CD. 7. On the basis of that forced statement the legal advisors make out cases against any targeted person. 8. Now the said person is brought to a police station with that written statement as prepared by the legal advisors of the DGFI to lodge a case against the targeted politicians. 9. After instituting a case, which may be false the law enforcing agencies guided by the DGFI get the plea of legal backing to arrest the alleged person and put him in to detention under emergency rule for indefinite period. 10. DGFI with their notorious activities has terrorized the political leaders, workers, business communities, police authorized, civil society of Bangladesh. 11. Under the tactics of such terrorization the DGFI is forcing anybody to become the complainant against their targeted popular political leaders to assassinate and prolong detention without allowing even to submit a prayer for bail. To justify those notorious activities against severe violation of Human rights the emergency rules are being used as a wonderful shield. Under the present situation without having any political conflict, war with any country, serious natural calamities the continuation of state of emergency is aimed at terrorizing the peaceful civil society to materialize the blue print of DGFI to bring Jamat in to power to make Bangladesh a Islamic State like Afganistan. Immediate withdrawal of emergency is urgently required to save democracy and human rights from the hand of notorious DGFI.

Sunday, September 30, 2007

STATEMENT:Chief Adviser DR. Fakruddin Ahmed’s Claim of Transparent Trail of Sheikh Hasina in a Normal Court Under Normal Law in His Meeting With U. S.

Adv. Shahanur Islam Saikot Programme Manager-Legal & Human Rights Sheikh Hasina, the President of Bangladesh Awami League (A.L) was elected Prime Minster from 23 June 1996 to 15 July 2001 and was leader of opposition for two terms. During her tenure as prime minister of a poorest, problematic Bangladesh the price index of all day-to-day necessary commodities were stable for 5 years, which was quite unusual in the context of the past experience. Breaking all past record her govt. could turn food deficit Bangladesh into surplus Bangladesh. Prolong disastrous flood situation of 1998 was effectively managed by providing timely sufficient relief to the affected about 50 million masses without misappropriation of single drop of relief materials. Post flood infrastructures were recovered very promptly by the efficient leadership of Sheikh Hasina as a prime minister. None of the national & international communities could pass any single adverse remark about transparency of her govt. though she introduced weekly question hour in the Parliament and also appeared before the T. V. camera to allow the general people to ask any question about the transparency of herself and her govt. That was a unique method of appearance of the prime minister before the trial dock of the People’s Court as an accused to answer the conduct of the prime minister and her govt. directly to the whole nation in the live program of T.V. media. Sheikh Hasina requested the then leader of the opposition Begum Khaleda Zia to remain present with her to ask any question about the govt. But Khaleda Zia did not attend. Those few examples of transparency of the govt. of Sheikh Hasina clearly prove that she was above all corruption and that is why she could openly face the people in the live T.V. program. After change of her govt. in 1 Oct. 2001 election B.N.P.-Jamat alliance govt. started to victimize Sheikh Hasina and most of central, zilla ,upazilla ,union parishad leaders and active workers of A.L. with the target to annihilate secular democratic political leaders &workers from the political scene for everlasting their power and turn Bangladesh into Islamic State like Pakistan. As a result many false corruption charges were brought against Sheikh Hasina. Even there was killing attempt of Sheikh Hasina and top leaders of A.L. by grenade attack on 21 August 2004. Proceedings of those false cases were stopped by the High Court. The present Care Taker Govt. under the Chief Adviser Dr. Fakaruddin Ahmed is the consequence of the national demand under the leadership of Sheikh Hasina. Whole nation under the united leadership of Sheikh Hasina extended their full support to this C.T. govt. with the deep aspiration of achieving a govt. of people representative in a free, fare & neutral election within 90 days as per constitution Art. 58(c). But the whole nations were surprised to see that the Armed Forces in the name of Joutha Bahini (Combined Force) jumped upon the leaders, workers of A.L. Just on their first stroke of attack under Emergency Rule. On the night of 11.1 07. without any specific allegation Mr.Kamal Ahmed Majumder (65) the ex. M.P. and an established business personality was arrested by Army without any charge and taken to the Army concentration camp and detained for days together with tight eyes and naked body in the cold night of January without giving any information to his family members. Even the personal staff of Sheikh Hasina Dr. Awlad, Mr.Babul were also arrested without any charge and taken away with tight eyes to the unknown destination of army torture cell under illegal detention for days together without giving any information to anybody. In the same way army started to arrest, detain, put into torture cell of Directorate General of Forces Intelligence (D.G.F.I.) many top leaders & workers of A.L. all over the countries without any specific charges and created reign of terror among the politicians with the attitude of taking revenge against the politics & politicians as is often done by Pakistan Army to de stable the politics in Bangladesh to pave the way to Islamic State with ultimate goal of Fundamentalist Rule like Afghanistan. At such terrorization by army in the disguise of civil C.T. govt. many senior leaders, workers & many businessmen became panic and went to safe shelter to avoid such illegal arrest, inhuman torture and indefinite detention without any specific charge. The whole nation fell into despair about the democratic future of Bangladesh but none from the politicians, civil societies came forward to protest in fear of arrest, torture & indefinite detention. At last Sheikh Hasina, known as the Daughter of Secular Democracy, raised her voice and demanded election within 90 days as per constitution Art. 58 (c) . To shut the voice of Sheikh Hasina for democratic Bangladesh the army under army backed C.T. govt. chalked out a master plan to put Sheikh Hasina into disqualification for future politics by instituting cases and inflicting punishment by the so called Special Court as tutored by the D.G.F.I. almost in the camera trial. Thy failed to search out any real allegations against her because of her extreme transparency & very simple livelihood. At this circumstances thy planed to fabricate false cases with the relevancies of any incident during the period of the govt. of Sheikh Hasina from 1996 –2001. The govt. of A.L. when came to power there was huge shortage of electricity and as per election manifesto power generation was an important priority. The A.L. govt. increased power generation from 1800 M.W. to 4300 M.W. within 1st three years which could not be crossed during last 7 years of B. N. P. - Jamat alliance govt. & C.T.govt. To accomplish those massive works the A.L. govt. engaged power plant installation contractors. The D.G.F.I. targeted those contractors to make their tools to fabricate false cases against Hasina under huge pressure by confining into torture cell of D.G.F.I. The illegally appointed legal advisers one of whose name is Barrister Tuhin Malik drafted the fabricated allegations, forced some of those power plant contractors to produce those drafted statements to the respective police stations. Accordingly, on 1.4.07. one Tajul Islam Farook instituted Tejgaon Police Station case no. 30 under section of law 385/386/387 Bangladesh Penal Code (B.P.C.) stating that he took by himself 30 million taka to S.Hasina in one suitcase on 12.12.98. Carrying of such huge amount of taka in one suitcase by one man was an impossible effort for which the allegation could not be accepted by the people as a fact. On 13.6.07. One Azam J.Chowdhury in the same way instituted 2nd false case against S.Hasina though in the contents of the allegation there is no mention of accepting money by her. This is Gulshan Police Station case no.34 under section of law 385/109 B.P.C. The 3rd case was instituted on the same day of 13.6.07.by Noor Ali in Tejgaon Police Station vide case no. 32 under section of Law 385/109 B.P.C. against S.Hasina charging to recive cash cheque of Tk.32 million in between 8.6.97. And 20.5.99.for about the duration of 2 years from said Noor Ali .It is an unbelievable story of giving and accepting money as a bribe under threat in such prolonging period. The signatories for withdraw of the money on the back of the said cash cheque was neither S. Hasina nor any of her representatives. The contents of all those 3 allegations do not relate to extortion under immediate threat of causing injuries to the complainant as per section of law 385 B.P.C . But it is astonishing to see that S. Hasina has been charged under that grave section of law so that she can be imprisoned for more than 7 years in each of the cases by Special Court in the camera trial. All the 3 complainants were chosen from among the Power Plant contractors. The last 4th case has been instituted by Anti Corruption Commission vide case no. 2 dated 2.9.07 in Tejgaon Police Station under Anti Corruption Law against S. Hasina. The contents of the allegation has never mentioned that she ever asked or accepted any illegal gratification. The person Mr. Aziz Khan another agent of power plant installation who has been alleged to have given the alleged of 30 million has denied the allegation of offering money to S.Hasina in a press release. His father was very close to Bangabandhu Sheikh Muzibur Rahaman and his party A.L. from long time back. With that legacy of their allegiance to A.L.Mr. Aziz Khan including the whole family members of dist. Gopalganj are politically closed linked with A.L. and its President S.Hasina . His elder brother Lt. Col.(Retd.) Farooq Khan was M.P. twice as a nominee of A.L. For a long time as an usual convention they have been donating subscription to the party fund and special party program of A.L. With such subscription & donation of A.L. leaders, workers, supporters, sympathizers of home and abroad Father of the Nation Bangabandhu Sheikh Muzibur Rahaman Memorial Trust has been founded . S. Hasina and S. Rehana donated their only house in Dhanmondi Dhaka which was inherited from their father Bangabandhu Sheikh Muzibur Rahaman.This Trust is managed and developed by a Board of members consisting of many eminent and respectable personalities of the nation including Professor of Emeritus Kabir Chowdhury, Justice K. M. Hasan , Advocate Gaziul Haque ,a legendary personality under whose leadership Language Movement of 21 Feb. 1952 was held which is now observed as International Mother Language day all over the world as per U.N. Resolution. S.Hasina and S.Rehana have been honored as President & Vice President respectively of the Trust. This Trust is giving stipend to more than 1200 poor talented students, assistance for treatment to many poor patient, donation to many poor people, rendering various other humanitarian services to different sectors of necessities. All accounts of the Trust are transparent and audited in regular interval. For expansion of the Trust office premises the adjacent land was purchased by the Trust at about Taka 60 million of which Taka 30 million was paid by the said Mr. Aziz Khan to the land owner in the year 1997.None of the law of Bangladesh or any other country and conscious citizens can put S.Hasina into the trial dock in any way for the transaction of the said money subscribed as a donation to the Trust which is obviously a public property. But it is a share misfortune for law abiding citizens of Bangladesh that how a govt. could misuse the law to victimize an important, honest, popular public leader like Sheikh Hasina. In this situation the people are bound to be worried about their own fate for victimization by such misrule at the hand of the Care Taker Govt. From the facts as described above it is very clear that all 4 cases instituted by this C.T. govt. are based on false and concocted charges showing the period from 1997 to 2000 that is those so called charges have been brought after more than 7 to 10 years. In between this period Khalda Zia’s B.N.P. - Jamat alliance govt. hunted for allegations against S.Hasina as their extreme political rival. But none of such allegations could be detected by that govt. Rather S. Hasina’s govt. by its sincere and transparent effort could save Bangladesh from continuous load shading by increasing power from 1800 M. W. to 4300M.W.within a very short time. During her period besides many other sectors of business the investment in industrial sector was booming creating lot of employment. The deficit Bangladesh was dreaming to enter into medium developed country within 2020. For such development with object to poverty alleviation she & her govt. were duly recognized by international communities on different occasions with various rewards even by Dr. Henry Kissinger. In recognition of her effective effort of poverty alleviation in a poorest country like Bangladesh she was invited as a special guest to deliver her ideas of such poverty alleviation in D-8 conference on 18 July 2001 even after she handed over the charge of Prime Minister on 15 July 2001. But it is mysterious that the C.T. govt. ignoring her huge good works for the nation is not only instituting false fabricated cases but also has added section of emergency rule so that she can be tried in special court to be awarded pre planned punishment in the camera trial by the tutored judges. Another vindictive attitude of the govt. against S. Hasina has surprised the whole nation. S. Hsina was arrested on 16.7.2008. Under cordon of more than 1000 Police, R.A.B, B.D.R, Army, as if she is a veteran criminal, in a very disrespectful manner & bailed out by the Hon’ble High Court on 2.8.07. There is seldom any precedence to appeal to the Supreme Court by the govt. against any bail because any bail can be cancelled at any time by bail granting court for any violation of the conditions of the bail. But in case of S. Hsina’s bail the govt. instantly filed an appeal to the Supreme Court against the bail and simultaneously shown her arrested in another concocted case under section of emergency rule. As per law, bail is a fundamental right and so long there are no possibilities of the person on bail to disappear after the bail, normally bail is not denied. The personality like S. Hasina has no scope to disappear, so there is no valid ground to suspend bail by the Supreme Court. But so far the perception of the people of Bangladesh the Judges of the Supreme Court avoided contradiction with the govt. policy of prolong detention of S. Hasina into jail suspended the bail granted by the High Court for fear of harassment in the name of so called property statement to the A.C.C. of Lt.Genl.(Retd.) Hassn Masud Chowdhury who earned his name as an initiator of extra judicial killings of 58 persons as the Army Chief in the name of OPERATION CLEAN HEART. He had an unusual meeting with the Chief Justice in the Supreme Court chamber along with Inspector General of Police a few days back of that appeal to the Supreme Court. All those day light facts of abusing the minimum Human Rights to S. Hasina are obviously in the knowledge of the Chief Adviser Dr. Fakruddin Ahmed. So his misguiding statement to His Excellency Joseph Crowley, the Congressman of the U.S. Congress, on 23 Sept. in New York regarding treating S. Hasina under normal Law and International standard of Human Right is not expected from a personality like Dr. Fakaruddin Ahmed who is holding a highest office as a Chief Adviser with the rank status of the Prime Minister of Bangladesh. Such conduct of distortion of facts obviously speaks that the democratic future is at stake in the hand of the C.T. govt. under the Chief Adviser Dr. Fakaruddin Ahmed. To rescue the democracy in Bangladesh immediate holding of election is necessary under updated voter list as per of the Supreme Court directions instead of waiting for prolonging process of photo voter list & I. D. card. The state of Emergency should immediately be lifted for the sake of the normal functioning of the court for protecting the Human Rights of every citizen of Bangladesh from severe abusing by the Army backed C. T. Govt.

Wednesday, September 26, 2007

STATEMENT:Directorate General of Forces Intelligence, an invisible Government and Breeding Spot of Fabrication of False Cases

Adv. Shahanur Islam Saikot Programme Manager-Legal & Human Rights The Directorate General of Forces Intelligence (DGFI) is an intelligence unit of Bangladesh Arm forces is headed by one Maj. General Golam Mohammad with his two closest associates (i) Brig. General Fazlul Bari (ii) Brig. General Amin having head quarter in Dhaka Cantonment. It has countrywide network based on all cantonments in Bangladesh. This DGFI started to play various political games during the regimes of Lt. Gen. Ziaur Rahman (1 975-1981) and Lt. Gen Hossain Mohammad Ershad (1981-1990). Both the generals in politics, ignoring all army service rules, from their office of chief of army staff formed political parties Bangladesh Nationalist Party (BNP) and Jatiyo Party (JP). Both of them adopted the same method to form their political parties. They used DGFI to call the leaders of various political parties, proposed to join king’s political parties or to suffer inhuman torture, prolong detention, false cases under special power act etc. If they join to king party there was reward of minister, importance portfolio of government, profitable industries and business with the government Bank money etc. Many political leaders could not stand to their own political values but to surrender to the evil design of politics of the Generals. That is the main reason why and how the generals have made the politicians corrupt and the politics has become difficult for real politicians with real political values of serving the nation with dedications. The new-rich politicians of king political parties created by those two generals Zia and Ershad were pioneer of rigging election and declaration of false result in favor of them by pouring their black money in to election conduct process rights from preparation of voter list, vote custing and publishing election result through huge bribing of election conducting government officials. In this way those two generals in politics acquired two third majority in the parliament to ratify all illegal acts under Martial law regulation and ordinances. Now it has become a convention even for the real political leaders to depend upon money besides popular votes to win the election. Such prevailing situation in Bangladesh has been compelling many medium grade politicians to earn money in order to win the election. Here lies the main reason of political corruption. But it is astonishing to see that although the election conducting gov’t officials are principal beneficiaries of electioneering corruption have been remaining untouched because of their continuation of all time power. The powerless politicians after losing their power under unconstitutional care taker government are the main victim without having opportunity of taking shelter in the Govt. tutored court. The present DGFI has adopted more aggressive attitude under Army led care taker government than the previous martial law government. The people perception is DGFI is mainly guided by i) Brig. Gen. Bari and ii) Brig. amin. These two officers are closely linked with Jamat-E-Islami politics and it top brass Motiur Rahman Nizami. Their target is to promote Jamat to –power in next election at least through a coalition government. With that target in view they are manipulating this government to prolong in power so that during this gap two popular parties Awami League and BNP can be broken in absence of its two party chief. In absence of those two party chiefs neither of the factions of those two parties will be able to form government independently with absolute majority in the next election. Such situation will bring favor to Jamat to form government and Bangladesh will turn in to Islamic state like Pakistan. During the last alliance government Jamat was a vital partner. Their involvement with fundamental militant activities is well known to national and international communities through mass media. But so far no Jamat leader has yet been arrested on militant charges reportedly under the direct shelter of Brig. Gen. Bari and Brig Gen. Amin. These two Brigadier’s General pose them in their private and official dialogue they are making the policies of the government in association with law adviser Mr. Moinul Hossain, Anti Corruption Commission Chairman Lt. Gen.(rtd) Hasan Mashud Chowdhury. The DGFI in the name of so called Anti Corruption Drive slogan is arresting any of their targeted persons tightening their eyes, bringing to DGFI torture cell, throwing them naked in to ice cold black hole for hours together, next putting them in to hot chamber and electric shock center, interrogating alternately through couple of nights taking their written statements which is authorized by the tutored magistrate court to use it as confessional statement against themselves and their other political leaders to fabricate false cases with the charge of corruption. As per criminal Procedure code an arrested person must have to be produced before the nearest court within 24 hours after arrest. But DGFI is caring little to the binding of the law. They are picking a person in dead our of nights with tights eyes taking him to unknown destination to their torture cell, detaining for couple of days without showing official arrest to avoid binding of law. This simply reign of terror has been prevailing in Bangladesh since 11 January 2007 like Sadam’s Iraque. Law adviser Moinul Hossain is framing new laws and Anti Corruption Commission chairman Lt. Gen(rtd). Hasan Mashud Chowdhory is framing distorted or false cases to justify the notorious activities of DGFI. From past record it is known that Brig. Gen. Bari was Director of Rapid Action Battalion (RAB) while Mr. Anwarul Iqbal, the present adviser of the care taker government was the Director General of RAB. They were the initiator of extra judicial mass killing. ACC chairman Lt. Gen (rtd). Hasan Mashud Chowdhury, as chief of staff of Army, also initiated extra judicial mass killing in the name of OPERATION CLEAN HEART. Mr. Mainul Hossain, the law adviser was also involved in several murders on the issues of ownership of the Daily Ittefaq with his younger brother Anwar Hossain Manju. It is a share misfortune for the people of Bangladesh that the main those policy makers of the care taker government has little sense of humanity for their own goal and own egos. Sheikh Hasina, the president of AL, a most popular political personality, a legendary honest prime minister of Bangladesh the people have ever seen is glaring example of victim of false cases and detention in jail after obtaining bail from the high court. To save Bangladesh from such regime of terror, DGFI activities must have to be limited within arm forces only, immediate withdrawal of emergency rule, opening all political activities, releasing all political person to let them face trial on bail, holding election within very short time if necessary with supreme court directed updated voter list and hand over power to the people representatives. Those suggestions are the necessity of time to establish secular democracy and protection of Human Rights in Bangladesh.

Monday, September 24, 2007

STATEMENT:Directorate General of Forces Intelligence (DGFI), an Invisible Government Within Care Taker Government Has Become Prime Barrier in the Road

Adv. Shahanur Islam Saikot Programme Manager-Legal & Human Rights Directorate General of Forces Intelligence (DGFI) is an intelligence unit of Bangladesh Arm forces under the command of Maj. General Golam Mohammad as Director Genaral and Director (i) Brig. General Fazlul Bari (ii) Brig. General Amin. They are based in Dhaka Cantonment with cantonment wise network all over the country. Officially they have no legitimacy to interfere in to politics. But after August 15, 1975 the killing of democratic leader Bangabundhu Sheikh Muzibur Rahman army was in power under general Ziaur Rahman and Lt Genaral Hossain Mohammad Ershad and DGFI started to play vital role on behalf those army rulers to form kings parties like BNP of Ziaur Rahman and Jatio Party (JP) of Ershad. In forming those king parties the DGFI searched for corrupt politicians of various other political parties, brought them to their torture centre, put them in to threat of torture and institution of false cases against them unless they are joining the kings’ party. That was how Bangladesh nationalist Party (BNP) and Jatio Party (JP) were formed by the DGFI. In the present context the Army backed care taker government is actually led by Army. The army Chief Gen. Moyeen U Ahmed is announcing the state policies in various public forums. In the Background the DGFI is formulating those policies. The two persons of DGFI Brig. General Bari and Brig. General Amin are known as the hard core of those policy makers. Brig. General Bari is well known as a pioneer of extrajudicial killing of apid Action battalion (RAB) while he was Director of RAB and Mr. Anwarul Iqbal, Present Adviser of care taker Government was Director General of RAB. Both Brig. Gen. Bari and Amin are known as strong supporter of Jamat-E-Islami and closely linked with its Amir, Motiur Rahman Nizami. The attitude of Present government clearly shows that they want to form an alliance of Jamat, Progressive Democracy Party (PDP), factions of Bangladesh Nationalist Party (BNP), Awami Leauge etc. The whole process is being manifested by those two Brig. Gen. of DGFI. They are abducting politicians, businessmen, lawyers and important personalities, putting them under severe torture to make statement as their own will and fabricating false cases against the targeted politicians specially Sheikh Hasina who is considered to be the only obstacle in the road to their evil design of breaking political parties to form their obedient alliance to promote Jamat-E- Islami in to power. In the face of the demand of national and international communities the chief advisor Mr. Fakruddin Ahmed on 09.09.07 announced unconditional withdrawal ban on indoor politics. Immediately after the announcement of chief advisor some 11 points precondition on indoor politics were announced by Mr. Mainul Hossain, the law Advisor restricting in door politics all over the country except Dhaka. It is a common opinion of most of conscious citizen that those conditions were re-imposed by DGFI under the spokesman ship of the law advisor. The design of such re imposition of the restriction is to stop the voice of root level leaders and worker of AL and BNP against the desired reformation of minus two theories by some selected central leaders. The economic activities have been damaged due to fear of illegal arrest and false cases against businessmen by the DGFI men on fabricated charges. The judiciary is also put under threat in the name property statement called by Anti Corruption Commission (ACC) which is also headed by an ex army Chief Lt. Gen (rtd). Hasan Mashud Chowdhory, another pioneer of extra judicial killing in name of operation clean heart, while he was the army chief in 2003-05. The DGFI is so much so exerting their unauthorized power that nobody knows when in the midnight whose doors are knocked and abducted to unknown destination at least for a few days before handing over to the police, then to jail for indefinite period without bail. The eminent professor of Dhaka University and Rajshahi University could not be saved from such allegation, late production to police and detained to jail for indefinite period. To protect democracy the un-authorized political interference of DGFI must have to be stopped and emergency should be withdrawn immediately to create congenial atmosphere of political activities.

Sunday, September 23, 2007

STATEMENT:Democracy & Human Rights Not Safe at the Hand of the Present Unconstitutional Gov’t of Bangladesh Backed by Army not supported by the People

Adv. Shahanur Islam Saikot Programme Manager-Legal & Human Rights The present Army backed care taker government under Dr. Fakruddin Ahmed took oath on 11 January 2007 under the Constitution of Bangladesh Article 58 (C) with mandatory constitutional binding to hold general election within 90 days and hand over power to the people representative. 90 days time frame already crossed on 11 March 2007 but this gov’t could not yet hold the election. They are taking the plea of preparation of Photo voter list and voter national ID card. As per constitution this is not mandatory but holding of general election within 90 days is mandatory. To hold the election within constitutional time frame the Bangladesh Supreme Court passed an order to update the existing voter list which could be completed maximum within one month and within next two months the election could easily be held to maintain the constitutional time frame. But this gov’t claims to be backed by army not supported by the people for which they are pro-army not pro-people gov’t. That it is an Army Govt. under civilian label like Pakistan. So this gov’t, to materialize the desire of Army as per blue print of Inter Services Intelligence (ISI) of Pakistan has chalked out a master plan to put all the popular, secularist, democratic public leaders of the 2 most popular political parties behind the bar on concocted charges of corruption, extortion, tax evasion etc and conviction in camera trial by special court. A large number of widely known corrupt politicians have not been touched because of their underhand allegiance with the blue print of this government. As an example Mr. Abdul Mannan Bhuiyan, the ex local gov’t minister of immediate past BNP- Jamat gov’t had been detected as a most corrupt minister by transparency International of Bangladesh (TIB) has not yet been charged with corruption rather he and his many other political associates have been allowed to continue political activities although during the time all political activities was restricted under emergency power ordinance. Similar is the case with Dr. Ferdous Ahmed Qureshi. He maintains strong allegiance with the army. So, no political restriction has put any bar in his indoor and out door political programme. Under the direct guidance and finance of the government he has formed a new political party named Progressive Democratic Party (PDP) and regularly he is performing political programme. But their government backed so called political activities could not yet receive public support rather they have been facing severe public criticism and they are always afraid to face the public without security protection. On the other hands Sheikh Hasina, a most popular leader, a legendarily honest personality, once prime minister of Bangladesh and twice the leader of opposition, popularly known as the daughter of secular democracy, the president of the oldest and most popular democratic political party Awami League has been put in to jail since 16 July 2007 on absolutely false charges of extortion occurred in 1997 and 2000. The general Secretary of Bangladesh Awami League Mr. Abdul Jalil, Senior Joint Secretary of AL Mr. Obaidul Quader, Presidium member of AL Mr. Jafrullah Chowdhury , Mr. Sheikh Fazlul Haq Selim, Dr. Mohiuddin Khan Alamgir and many other top leaders of AL have been arrested and detained on false charges for months together without allowing bail petition under special power act. Although Sheikh Hasina instituted Habeas Corpus in high court Bench and was granted bail on 02 August 2007 but on an unusual appeal by the government to the Supreme Court, the High Court order of granting bail has been stayed with a motive to delay and denial of process of justice. The above facts clearly prove the double standard attitude of this government which can not establish the desired level of secular democracy in Bangladesh but to pave the way to army rule in disguise of civilian rule like Pakistan. Such situation in near future will put Bangladesh in the hand of fundamentalist terrorist like Tale ban of Afganistan. The adviser Mr. Mainul Hossain on 27 August 2007 in press conference has categorically disclosed that this government is not a care taker government as per constitution. It is army backed national government though there is no provision of national government in the constitution. This clearly proves that an unconstitutional army government under civilian disguise is running the government. The restriction on political activities, massive arrest of top leaders of secular democratic political parties, not taking actions against the fundamentalist political leaders and their militant terrorist associates, Bangladesh is going to become a safe heaven of fundamentalist terrorist activist. Within near future that terrorist activist will expand their activities not only within Bangladesh territory but also to the neighboring country especially in India. Already the symptom of their activities has been surfaced in Hyderabad of India. The government of Bangladesh has issued a circular on 12 August 2007 from Home Ministry Memo no (Pol-2)/Report/43-2007/92 with direction to all senior government officials to be cautious in their movement because the fundamentalist terrorist may kidnap them as a ransom to force the government to free their arrested leaders from the jail custody who were arrested by the last government. One Zaved Iqbal, a fundamentalist terrorist was convicted for 20 years for throwing bomb inside chittagong court on 03 October 2005. He is facing trial in another bomb throwing case. On 28 August 2007 he, on the trial dock in the same Chittagong court has threatened that his other associates are well trained and very active to re-organize themselves for further massive attack in order to capture state power like Tale ban of Afganistan. To save Bangladesh from the threat of Fundamentalist terrorist and stop their expansion in to neighboring countries, democratic political activities must have to be restored immediately and hand over power to the people representatives through early election. There is no valid ground to delay election under the trap of prolonging process of Photo-voter list and national identity card. The existing voter list can be updated as was directed by Supreme Court. Voter list updating will require maximum 2 months. So, election can easily be held within January or February of 2008.

Tuesday, September 11, 2007

STATEMENT:Mysterious Steps of the Unconstitutional Caretaker Gov’t Confused the Secular Democratic Future of Bangladesh.

Adv. Shahanur Islam Saikot Programme Manager-Legal & Human Rights The care taker gov’t took over power on 11.01.07 under Article 58 (c) of Bangladesh constitution .As per the said Article of the constitution the care taker Govt. only task is to hold election within 90 days and to hand over power to the people representative .But this care taker Gov’t keeping away their main objective has engaged its prime efforts to de-estabilize the main two political parities Bangladesh Nationalist Party (B.N.P)and Awami League (A.L) . In the name of Anti-corruption drive the Task Force and Anti Corruption Commission Mej. Genl. (Retd) M A Matin and Lt. Gen. (retd) Hasan Mashud Chowdhury respectively have jumped upon the politicians all over the country. Many senior leaders including Sheikh Hasina, President Bangladesh Awami League and Begum Khaleda Zia, Chair Person of BNP both former Prime Ministers of Bangladesh has been put in to jail on false and fabricated allegations. Till now about 2,50, 000 political persons have been detained in the jail without trial. High court bench has granted bail to Sheikh Hasina and some others leaders. But the government as decided by Army authority is arresting in another false case to continue the detention. None of the Politicians of AL and BNP arrested by this gov’t since 11 January 2007 could be released from the jail. But the government is not touching any leader of fundamentalist political party Jamat- E – Islami and its terrorist allies though severe complain of terrorist activities, smuggling of huge amount of arms and ammunitions, corruptions have been found against them. The perception of the whole nation is that the arrest of sheikh Hasina is absolutely unjustified in the context of her personal and political reputations. From top to bottom, she is a secular, democratic and nationalist leader. She has never compromised with undemocratic regimes, particularly Army backed regimes. To uphold her democratic movement she had to encounter several attempts of death. But she never succumbed to any threat on her path to established secular democracy and human rights in Bangladesh. She is known as daughter of democracy to the people of Bangladesh. She was prime minister from 23 June 1996 to 15 July 2001. As a prime minister she established transparency of her government by introducing Prime Minister Question hour in the parliament and T.V. media. She took many positive steps for poverty alleviation. Due to her honest, sincere and effective administrative capabilities the food deficit hungry Bangladesh not only became self sufficient but also produced 10, 00,000 ton excess food grain. The price level of all commodities was absolutely stable during her 5 years gov’t period. In all sectors of development like education, health, communications, electricity, sport, industry, business, employment etc the county was galloping towards progress and the people of Bangladesh were aspiring to reach medium developed country by 2015. From October 2001 to 2006 sheikh Hasina was not in gov’t. So the allegation of de-institionalization of gov’t organization like Election Commission, Judiciary, Public Service Commission, Civil Administration, Police etc to manipulate the election do not lie upon Sheikh Hasina. The Care Taker government Chief Adviser, other Advisors, the army chief Gen. Moyeen U Ahmed are often pronouncing “level playing field” for a fair and neutral election. But till now no specific definition of so called “level Playing Field” has been announced before the nation. In the name of so called level playing field slogan the gov’t is arresting and detaining top political leaders without any specific charge and they are not allowed bail under the shadow of emergency Rule. It is surprising to note that the gov’t is victimizing the leaders of BNP and AL. Because in any fair election either of those two parties will form the gov’t. The political victimization by the care taker government clearly shows their ill motive to cut in size those most popular political Parties in the hope to promote the fundamentalist Jamat-e- Islami and newly formed Progressive democratic Party (PDP) of gov’t. Selected party Chief Dr. Ferdous Ahmed Qureshi into power in the next election. It means the purpose of the so called level playing field is nothing but cut in size the BNP and Al to the level of Jamal-E-Islami and PDP. The people of Bangladesh have experienced in the post election that the election conducting gov’t Authorities including chief election commissioner, civil Administration, Army, Police etc were solely responsible for election rigging, declaration of false election result. So, naturally the people expected that the slogan of level playing field will be manifested by detecting those corrupted gov’t. Officials band taking drastic actions against them. But this gov’t. has never touched any those corrupt official so far. Even no election conducting rule has been formulated to punish those gov’t officials who will be found to manipulate the next general election through rigging and false declaration of election result in favor of their chosen candidate. The gov’t has pointed their finger only to the politician for fair election knowing fully well that those politicians have little to do during polling in presence of mighty election conducting gov’t officials. For fair election Sheikh Hasina as leaders of grand political alliance put the demand of correct voter list with photograph and transparent ballot box. The EC has agreed for voter list with photograph but refused transparent ballot box. The European commission proposed to supply the required numbers of transparent ballot boxes free of cost and the produced a sample of such box before the election commission. The people of Bangladesh do not find any valid ground for rejection of transparent ballot box by the election commission. On the other hand preparation of voter list with photograph is very difficult and prolonging task and no positive steps could be taken so far for 7 months except only some town out of total country. Considering the prolonging process of preparation of voter list with the photograph the honorable Supreme Court suggested updating the existing voter list. But the election commission has turned down the suggestion of the honorable high court division of supreme court with the plea that they can not go against the demand of political parties put forward by Sheikh Hasina with out other demand of easy procurable transparent ballot box has been rejected by the same election Commission. Such double faced decision of the election commission clearly has created doubt that they have ill motive to put the next general election in to trap of voter list preparation to create scope of prolonging power for the present unconstitutional care taker gov’t. So the nation is in dark about the future of democracy in Bangladesh.

Thursday, August 16, 2007

STATEMENT: Enactment of Emergency Rule Has Authorized Law Enforcing Agency to Abuse Human Rights

Adv. Shahanur Islam Saikot Programme Manager-Lrgal & Human Rights On 11 January 2007, the army backed caretaker Government declared state of Emergency of Emergency under Article 141A (Proclamation of Emergency) 141B (Suspension of provisions of certain articles during emergencies) of Bangladesh Constitution. Under the said article during state of Emergency Article-36 (Freedom of movement) , Article-37(freedom of assembly) , Article-38 (Freedom of association) , Article-39(Freedom of thought and conscience, and of speech) , Article-40(Freedom of profession or occupation) , Article-42(Rights to property) remain suspend. But the fundamental rights under Art. 26(Laws inconsistent with fundamental rights to be void) , Article 27 (Equality before law) , Article 28 (Discrimination on grounds of religion, etc ) , Article 29(Equality of opportunity in public employment) , Article-30 (Prohibition of foreign titles, etc) , Article-31 (Right to protection of law) , Article-32 (Protection of right to life and personal liberty) , Article-33 (Safeguards as to arrest and detention) , Article-34 (Prohibition of forced labour) , Article-35 (Protection in respect of trial and punishment) , Article-41 (Freedom of religion) , Article-43 (Protection of home and correspondence) , Article-44 (Enforcement of fundamental rights) , Article-45 (Modification of rights in respect of disciplinary) , Article-46 (Power to provide indemnity) , Article-47 (Saving for certain laws) , Article-47(B) remain valid. The duration of the emergency is valid up to maximum 120 days. But the present army backed caretaker gov’t has been violating the constitutional obligations. Emergency was imposed on 11 January 2007 and after 120 days it was supposed to be lifted by 11 may 2007. But the care taker Gov Violating the constitution is holding power unconstitutionally. The care taker Gov. has promulgated emergency rules on 12 January 13 February 21 march 2007. As per rule 11(3) if any punishment is imposed by lower court will remain valid although appeal against the that punishment is accepted by the higher court .but for the end of justice as soon as appeal is accepted by the higher court the judgment of the lower court is automatically suspended and the accused is treated as innocent . So this rule 11(3) is in violation of inherent fundamental right of obtaining justice. As per rule 15(A) during trial and before judgment movable and immovable properties can be attached and frozen by the government authority. As per rule 15(B) the government authority on mare suspicion can attach and freeze any body’s movable and immovable properties. Acquiring legal properties is inherent fundamental rights of a citizen per constitution. With out declaring those properties illegal by the appropriate court the properties can not attached or frozen by the other authorities. As per rule 19(D) a person can be termed as guilty during investigation and trial for which he has been restricted to submit bail prayer to the court. But prayer of bail is an inherent rights of a person when he is arrested. Whether is granted or not granted is the authority of the court. The enactment of these rules has empowered the law enforcing agency to frequently violate human rights and put entire nation at mercy of them

Wednesday, August 15, 2007

STATEMENT:Patronization of Fundamentalist Militant by The Lt. General Masud Uddin Chowdhury is Being Hailed by The Top Leaders of Those Militants

Adv. Shahanur Islam Saikot Programme Manager-Legal & Human Rights On 13 August 2007, the daily Inquilab and many others daily Newspaper published exciting news item that Lt. General Masud Uddin Chwdhury the second senior most Army officer of Bangladesh Army and principal staff officer (p s o) to the Chief adviser stated that there is no fundamentalist terrorist in Bangladesh while he was speaking as a chief guest in a session of developing rule of engagement and combating terrorism held in Dhaka cantonment on 12 august 2007. But fact is that hundred and thousand of militants took training in Afganistan and participated with Taliban in Afganistan was against combine forces. After the fall of Taliban regime those trained militants returned to Bangladesh and started to impart arm and explosive training to the student of Islamic school (Madrasha). Their activities came to surface through grenade attack upon British High commissioner in 2004 at Sylhet. 21 August 2004 grenade attacked upon Sheikh Hasina and all top leaders off secular Democratic Party Bangladesh Awami League, 17 august 2005 massive and simultaneous bomb exploration all over the country, killing of judges, and explosion in the courts, killing lawyers and several others incidents. The law enforcing agencies have recovered huge quantities of arms, ammunitions, explosives, grandees, booklets about their plan of Taliban style government. Six militants leader have been sentenced to death and till today the law enforcing agency is to encounter with the militant even within capital city Dhaka. From such mysterious comment of Lt. general Masud Uddin Chowdhury, a top class of Bangladesh army, the democratic loving people of Bangladesh have become seriously confused as to whether the country is moving towards fundamentalist terrorism like Taliban of Afganistan. In order to save Bangladesh from the hands of fundamentalist terrorism election should not be delayed under the trap of photo-voter list rather to be held early on the basis of updated voter list as verdict by the Supreme Court of Bangladesh.

Thursday, August 2, 2007

STATEMENT:The Present Army Backed Caretaker Gov’t Desiring to Institute a fabricated Case

Adv. Shahanur Islam Saikot Programme Manager-Legal & Human Rights On 21 August 2004, there was massive grenade attack upon the Sheikh Hasina while she was addressing a mammoth gathering at the Bangabundhu Avenue in Dhaka. About 24 persons died on the spot and a few hundred received severe injuries. Sheikh Hasina escaped from death because she was immediately pushed in to her bullet proof Jeep by her party men. But her bulletproof jeep was seriously damager by her bullet shots and grenade splinters. The security committed of Awami League felt necessity to replace the changed jeep by two new bulletproof jeeps. Then the Four Party alliance government did not supply the bulletproof jeep. At this circumstance to ensure safety of and security of the president of Awami league, two party nominated Member of Parliaments (MP) Dr. Mohammad Serajul Akber and Mr. Zahid Ahsan passed from the MP’s quota imported two bullet proof Mercedes Banes jeep, duly registered in their respective name and offered to Sheikh Hasina for use in party programme. Sheikh Hasina was arrested on 16 July 2007. After two or three days from her arrest those two jeeps have been seized by the government with the charge that Sheikh Hasina has done offence by using other’s owned jeep. There is no law in Bangladesh and hopefully in any other country of the world that a person is restrained to offer his personal transport for use of other person. But the present army backed caretaker gov’t has been searching every nook and corner to frame charge against Sheikh Hasina so that she would not be able to contest the next election and remain silent against the unconstitutional army backed caretaker government. So far this government has instituted four false cases against her. Honorable High Court of Bangladesh on 30 July 2007 has passed the rule to stay all proceedings of one those cases and shown arrest in other false cases she could not be free from the jail. The lawyers are preparing to move to the High Court against the remaining false cases. Government is apprehending that the proceeding of all those false case will be stayed by the court and Sheikh Hasina would be bailed out. To put her in to further and prolonging harassment the government desires to institute another false case in connection with those two bulletproof jeeps. Such action with motive the army backed caretaker government has lost their neutral character which is violation of Constitution and abuses of Human Rights

Monday, July 30, 2007

STATEMENT:Human Rights Abuses against the Former Prime Minister of Bangladesh and President of Bangladesh Awami League Sheikh Hasina

Adv. Shahanur Islam saikot Programme Manager-Legal & Human Rights Sheikh Hasina, the former Prime Minister and President of Bangladesh Awami League was arrested on 16 July 2007 on a false and concocted charge of extortion of money in year of 2000. She is imprisoned in a sub jail and remaining out of contact from outside world. In such situation the anticorruption commission has asked to submit her property statement. As a president of the biggest political parties she was to open several Bank Accounts in various Banks. While she was taken in to custody the joint forces raided her residence and took away records of those Bank Accounts. With out consulting records it is not possible for Sheikh Hasina to submit the correct statement of the money in her account in the Banks. So she requested the Governor of Bangladesh bank to arrange to the bank statement from the concerned Bank. But the Governor straightway has refused to submit any bank statement to Sheikh Hasina, although , the same governor of Bangladesh bank has already submitted the same Bank statement to the Task Force of Anti Corruption Commission. The gov’t demands property statement from Sheikh Hasina, keeping her in jail custody and seizing all documents but refused to supply the relevant document as well as bank statement to prepare correct property statement by sheikh Hasina. The double standard attitude of the government has created strong suspicions that government is preparing the ground so that Sheikh Hasina would not be able to submit her property statement within the limit and face trial for non submission of the property statement. The trial in special court will end to punishment of Sheikh Hasina. In this way the present Army backed caretaker will be able to fulfill their desire to stop Sheikh Hasina from contesting the next General Election.

Sunday, July 29, 2007

STATEMENT:The Continuing Policy of Reforming Political Party by the Present Caretaker Government is Nothing but Eyewash

Adv. Shahanur Islam Saikot Programme Manager-Legal & Human Rights The present caretaker government’s administration is applying double standard using the same law for opposite purposes. The people of Bangladesh asked to the present gov’t ‘How can a political party be launched when all political activities are banned under a state of emergency?” We want to say that the same law could not be used for different purposes—favoring some while suppressing others. Now we are doubt if general elections would be held within the timeline announced by the Election Commission. In previous President of Bangladesh Awami League Sheikh Hasina expressed her doubt whether the polls would be held in time. Now we have every reason to fear whether the elections will be held in due time as there has been little progress in preparation of the voters roll. The present government had assumed power to hold a free, fair and credible election within a specific timeframe, but the Election Commission could not begin the voter registration process even after the passage of seven months which cast serious doubt on whether the polls would be held in due time. The ongoing hustle and bustle, including belittling of politicians, of different quarters in and outside the government for ‘democratization’ of political parties would have a draining effect on politics as reforms are being imposed on parties from outside. The people of Bangladesh also believe that some activities, including the plan of backstage powerful quarters to bring about reforms in the two major political parties, Awami League and BNP, keeping their chiefs Sheikh Hasina and Khaleda Zia out of frame, demeaning politicians in general, making thousands of people jobless and homeless by evicting markets and slums, and axing industrial workers, will backfire. They [government] are talking about democratization of political parties. But, it would bounce back like a boomerang as they are trying to impose reform from outside. Moreover it has taken several conflicting steps that will backfire. The masses had many expectations from the government; but their hopes have been frustrated as it has started implementing a number of schemes which are apparently out of its capacity. There is a lack of democratic spirit and values in the actions of the incumbent government. The people have been kept as bystanders while the debate over the much-hyped up reforms has been going on. It would be difficult to bring about any proper reforms, institutionalize democracy and ensure progress of the country by belittling politics.

Sunday, July 15, 2007

STATEMENT:Immediate Withdrawal of Restriction on Political Activities is the Demand of the Moment to Control the Increasing Trend of Fundamentalist

Adv. Shahanur Islam Programme Manager-Legal & Human Rights A fundamentalist terrorist leader Mufti Mansurul Huq has been distributing a booklet Captioned “Afghan Zihad” with the call to organize Islamic militants to capture state power like Taliban of Afghanistan (See: Daily “Amader Shomoy” dated 10th July, 2007). Due to the imposition of restriction of secular political activities by the present Caretaker Govt., a political vacuum has been created. This has opened the doors to underground terrorist activities of Taliban-trained Islamic militants in Bangladesh. If the restriction of normal political activities is prolonged and election is delayed the militants will spread their domination among Madrasha students and masses of orthodox rural people. The Taleban of Afghanistan adopted the same tactics to dominate the Madrasha student and rural orthodox mass people. They organized and trained them with arms to fight against the gov’t to overthrow state power. At the initial stage of their action they occupied the gov’t establishment in small-town areas and eventually they succeeded in capturing the capital. The underground Islamic militants in Bangladesh are following the same road map to overthrow state power. It is horrible to imagine what reign of terror the people of Bangladesh may be facing under Islamic Militant Rule in the future if it is not controlled right at this moment. The present Caretaker gov’t under Dr. Fakruddin Ahmed came to power on 11 January 2007 under Bangladesh constitution Article 58(C), with mandatory binding to hold election and hand over the power to the people representatives within 90 days. Already 6 months – that is, more than 180 days – have passed, but no visible preparation for election is seen in the performance of the care taker gov’t. They are prolonging their power with the plea of preparation of photo voter list and completion of action against corruption. From the pilot project of preparing a voter list at one of the municipal area’s Sreepur about 20 miles from the capital city, Dhaka it is found that only about 42,000 voters have been listed. The performance of this pilot project was directly guided by the close supervision of chief election commissioner, 2 election commissioner, army chief, many other advisors and high gov’t officials. But the enlistment of these 42, 000 voters with photographs and fingerprints was not correctly done; there are questions about the accuracy of the list. With the experience of the questionable performance of this pilot project there is strong doubt about the correct preparation of a voter list for the estimated 90 million voters, especially in the remote rural areas of Bangladesh where there is no proper communication, and little electricity and infrastructure for using the computers, laptops, printers etc necessary for capturing photographs and fingerprints. For such enlistment of huge nos. of voters a huge number of expert computer operators, digital camera operators and operators of other accessories need to be recruited and trained. From the present literate population of Bangladesh arrangement of such huge nos. of experts is simply an impossible task. The preparation of a voter list with photographs and fingerprints for all estimated 90 million voters all over the country is an impossible ambition on the part of the present caretaker gov’t and Election Commission. The people of Bangladesh are afraid of whether the election is going to be trapped under this impossible idea. There is fear that with the plea of election preparation the caretaker gov’t will continue their power with the backing of the army, under the umbrella of emergency rule. Such a situation can be averted if an up to date voter list is simply prepared as per the verdict of Supreme Court of Bangladesh. Action against corruption is part of a continued process of upholding the rule of law. So, imposing restriction on political activities and the Constitution under the state of emergency until completion of the judgment of anticorruption cases cannot be accepted as a valid reason for the caretaker government’s continuation of a state of emergency and restriction of political activities. As per the constitution of Bangladesh the duration of emergency is valid only up to 120 days from the date of its promulgation on 11 January 2007. Democratic activities must be restored without losing further time, to hold general elections within the quickest possible timeframe to save Bangladesh from the horror of fundamentalist terrorism and uphold the democratic human rights of every citizen

Thursday, July 12, 2007

STATEMENT:Interfering the Judiciary and Political Activities by the Army Backed Present Caretaker Government is against Prime Constitutional

By- Adv. Shahanur Islam Saikot Programme Manager-Legal & Human Rights The object of the caretaker government as per Bangladesh constitution Article 58(C) is perform routine play to day works to assist the election commission to hold the parliamentary election and hand over power to the elected representatives within 90 days as it was strictly mentioned in 1996 and 2001 by the then caretaker government. But this time the present caretaker gov’t keeping away their constitutional binding of holding election has taken up many unusual agenda in name of irradiation of corruption over night. Mr. Mainul Hossain, advisor of Law Justice, parliamentary and information affairs said in a news conference on 09 July 2007 that no bail by the court will be allowed to the persons charged with corruption. Allowing or not allowing bail to any person is sole lawful authority of concerned court. The decision taken by the advisor of Law Justice, parliamentary and information affairs is definitely an unlawful step against independent of judiciary which creates an unholy impact upon justice entailing serve violation of human rights regards obtaining bail from the court. The same advisor has said that to boycott Sheikh Hasina, President of Bangladesh Awami league and Begum Khaleda Zia, Chairperson of Bangladesh Nationalist Party both are former prime minister of Bangladesh for failure of their leadership. The caretaker government is a neutral body as per Bangladesh Constitution. The advisor of caretaker by their comment about the cheif of two popular main parties has shown his participation is the attempt of reform the those two political parties internal organizational structure which is not expected to uphold the democracy in contravention of protection of human rights. General Moeen. U Ahmed Chief of Bangladesh Army is a gov’t servant of the people republic of Bangladesh. So long the remains in government service he is to follow service conduct rule which has restricted a gov’t servant from involving in any political subject in any public forum. But since 11 January 2007 the day of army backed caretaker government. The chief of the army has bee3n delivering speeches on political subject in several public forums all over the country. On 10.07.07 in a seminar organized by the Bangladesh Institute of speech and security studies general Moeen has proposed to amend the constitution Bangladesh (Please see “The Daily Star on 10 July 2007”) which is a highly sensitive political matter. He has also criticized the national and international opinion about withdrawn of political restriction as well as state of emergency and holding early election. The comments of Gen. Moeen on political subject remind the nation the role of Lft. Gen. H. M. Ershad the army chief in 1982 before forcibly taking power from the then elected President Justice Satter on 24 March 1982 and prolongation of Martial Law. The people of Bangladesh are strongly suspicious as to whether the same road map of 1982 is being followed to destabilize the democratic political institution and introduce army controlled demo cry of Gen. Pervez Mosharaf in Pakistan. At such situation the Islamic militant will take chance of political vacuum to organize the half literate Madrasha student s and orthodox Muslim towards Taleban style gov’t in Bangladesh. The sign and symptom is already visible in Pakistan from local mosque incidents within its Capital city in Islamabad.

Wednesday, July 11, 2007

STATEMENT: Violation of Human Rights by Massive Detention Under special Power Act and Influence to Judiciary

By- Adv. Shahanur Islam Saikot Programme Manager-Legal & Human Rights The present caretaker gov’t under Dr. Fakruddin Ahmed, the chief adviser of the caretaker government took over power on 11.01.2007 under the article of 58(C) of Bangladesh Constitution with the constitutional binding to hold parliamentary election and hand over power to the people representative within 90 days. But the gov’t is prolonging their power backed by Armed forces under Emergency Rule. This constitutional binding of holding free fair election is the prime object of the present caretaker gov’t. Previous two caretaker gov’t in 1996 and 2001 did the same. But the present caretaker gov’t in violation of constitution binding started massive arrest of political leaders, workers, businessmen and many others in the name of reform with a view to create panic so that the people of the Bangladesh can not rise their voice against unconstitutional prolonging of the power of the government. Since taking over power so far more than 2, 00,000 peoples have been suffering from prolong detention in the jail under special power act with out having opportunity of bail but the Higher Court. Such a massive detention without specific allegation and charge is a serious violation of human rights by the present care taker Government. Justice is the first priority to ensure human rights. The present Caretaker gov’t has set up special court for speedy trial of anti corruption cases against the important political persons of two major political parties BNP and Awami League, who were elected in previous election to run the gov’t alternatively for 10 years and 5 years respectively. The cases against them were investigated within limited time frame which has been decided by the gov’t by an ordinance. The hasty investigation and judgment within pre-decided short period has put the nation in to doubt about fair justice in those cases. This doubt has been enhanced for an unusual visit of Anti corruption Chairman Lt. Genl. (retd) Hasan Mashud Chowdhury to the chief justice and Attorney General on 08 July 07 in their office chamber. Reportedly he discussed about those anti Corruption cases which will be appealed to the High Court. Thus the Anti Corruption is trying to influence the chief justice so that the verdicts of the higher court do not go against Gov’t desire.Such Attitude of the gov’t clearly shows that they are more interested for punishment than proper judgment. This attitude of present gov’t will create scope of massive human rights violation in Bangladesh.

Monday, July 9, 2007

STATEMENT: Priority of general election to uphold human rights


By-
Adv. Shahanur Islam Saikot
Programme Manager-Legal & Human Rights

Under Dr. Fakruddin Ahmed, the chief adviser of the caretaker government took over power on 11.01.2007 under the article of 58(C) of Bangladesh Constitution with the constitutional binding to hold parliamentary election and hand over power to the people representative within 90 days. But the gov’t is prolonging their power backed by Armed forces under Emergency Rule. The government has restricted the movement of political leaders and workers to Sheikh Hasina, President of Bangladesh Awami league and Begum Khaleda Zia, Chairperson of Bangladesh nationalist Party (BNP) both are former Prime Minister of Bangladesh. The false cases have been instituted against Sheikh Hasina. In the name of reform of those two most popular political parties an attempt is on process under the shelter of the present government oust those two most popular leaders; both are ex prime minister of Bangladesh from future of politics of Bangladesh like Bengir Bhutta and Nawaz Sharif of Pakistan. Such attempt to depoliticalization of most popular political leaders will result in disintegration of those two major political parties which will create a serious political vacuum. Under such situation the fundamentalist terrorist will get opportunity to dominate the politics of Bangladesh and in the near future they will have the strength to take over power like Taleban of Afganistan. Such comment has been expressed in recent issue of Wall Street Journal. Here mentioned that some fundamentalist parties as jamatul Mujahedin, Jadid al Quaeda, Hijbut taohid, Tarika Federation are still continuing their activities across the country.
To ensure human rights democracy is the only way. So the world democratic community can not remain silent to allow Bangladesh to put Bangladesh in the hand of terrorist. So, holding of General Election is the priority to the present government instead of putting attention to so called political reform. But the gov’t did not disclose any roadmap to hold general election till now. Here specially mentioned that according to Bangladesh constitution Emergency of State can not exit 120 days. But Present Government already has exited this time limitation through violating Constitution.

Wednesday, July 4, 2007

STATEMENT: RESTRICTION ON THE MOVEMENT AND POLITICAL ACTIVITIES HAS BEEN IMPOSED UPON SHEIKH HASINA

By- Adv. Shahanur Islam Saikot 
Programme Manager-Legal &amp Human Rights

RESTRICTION ON THE MOVEMENT AND POLITICAL ACTIVITIES HAS BEEN IMPOSED UPON SHEIKH HASINA, FORMER PRIME MINISTER OF BANGLADESH AND PRESIDENT OF BANGLADESH AWAMI LEAGUE BY ARMY BACKED CARE TAKER GOV’T. 

The present caretaker government backed by Army took power on 11 january 2007 as per Article 58(C0 of the Bangladesh constitution with the commitment to hold parliamentary election and hand over power within 90 days to the people representative as it is the constitutional binding as per above article. So the legal tenure was limited up to 30 th June of 2007. Sheikh Hasina put her demand to hold the election timely offer preparation of up to date voter list as per the high court verdict. The government with design to prolong its power did not pay any head to the legal demand of Sheikh Hasia and started to the following measures to shut her voice. 1. Imposition of restriction on indoor politics 2. Ripen the false case instituted against her by the last BNP- Jamat joint Government, which have been stayed by the high court as those were found false by the court. 3. Implicated her name in a murder case which was committed on 26 December 2006 in course of two rival political parties face to face procession. 4. Instituted three false extortion cases. 5. Arrest of her senior leader of her party Awami League with out any specific Allegation or Charge. 6. Putting restriction upon the visitors to her residence. 7. Imposition bar to her visit to USA to look after her pregnant daughter. The recently recent cases are false and fabricated is narrate in annexure- I And II. The government is prolonging their power with a plea of new voter list and voter ID card. By this time they are trying to break the two major political parties Bangladesh Nationalist Party and Bangladesh Awami League to create political vacuum to safe guard their power with participation of army like Pakistan. Under the prevailing situation the political institution will be praised paving way of fundamentalist to state power like Afganistan. So, for the instant democracy as per existing agenda of world community for on politics to be lifted immediately, state of emergency should be withdrawn immediately and election should be held as soon as possible. Annexure-I Case no: 32/478 date. 13.06.07, Police Station Tejgaon, Dhaka Metroplitan Police, Dhaka under section 385/109 Bangladesh Penal Code against Sheikh Hasina, Ex-Prime Minister, is false and fabricated for the reasons narrated below: 1.In the column of the First Information Report (F.I.R.) recorded by Police the Place of Occurrence (P.O) is Ganabhaban and the date of occurrence were from 08.06.97 to 20.09.99. But those dates were the dates of withdrawal of money from Standard Chartered Bank and I.F.I.C. Bank at Banani and Gulshan branch, Dhaka. So on those dates, no occurrence took place at Gonobhaban and the place of occurrence has been shown as false. 2. In November 1996 tender was called and in march 1997 New England Power Company (NEPC) was selected by the Power Development Board (PDB). In the context of Bangladesh Govt. Tender Procedure and issuing work order of any electric power plant to the selected bidder no abnormal delay is found in this case. The Power Minister was Ex Army Chief Lt. General (retd) Mr. Nurunuddin Khan. So giving pressure upon the local agent of power plant supplier NEPC by Sheikh Helal, the cousin of Sheikh Hasina for realization of 5 Crore Taka as a gratification with the threat of stopping work order was false. 3. It has been alleged that SK. Helal asked the complainant to hand over cash taka to SK. Hasina's hand but the complainant handed over 12 Cash cheques. The dates and time of handing over of those cheque has not been mentioned by the complainant. From the list of those cheque, it is found that the money was withdrawn long after negotiation (March 1997) with NEPC. The cheque Noumbers, amount and dates of withdrawal of money are as follows: SL Cheque No Bank Amount Withdrawal date 1. 731952 Standard Chartered Bank 50,00,000 08.06.97 2. 731951 Do 50,00,000 08.06.97 3. 556002 Do 50,00,000 03.08.98 (after 1 Year 2 month) 4. 556009 Do 50,00,000 27.12.98 (after 4 month 24 days) 5. 528834 Do 10,00,000 24.01.99 (after about one month) 6. 528835 Do 50,00,000 06.03.99 (after one month 18 days) 7. 2336085 IFIC Bank 30,00,000 23.03.99 8. 54291 Standard Chartered Bank, Banani 10,00,000 05.04.99 9. 54293 Do 10,00,000 15.04.99 10. 54294 Do 10,00,000 26.04.99 11. 528848 Do 20,00,000 04.05.99 12. 54300 Do 20,00,000 20.05.99 For realizing gratification there is no example to accept such cheques of long duration of about 2 years. So the allegation of accepting those cheques is false and baseless story. The complainant has alleged that those cheques were handed over to SK. Hasina at Gonobhaban as an assurance of obtaining work order. It means that those cheques were delivered to Sheikh Hasina within March, 1997, before issuance of negotiation letter by P.D.B to NEPC. This is an unbelievable story which is false and fabricated. 4. All those cheques were CASH cheques. The complainant could not produce any evidence of withdrawal of money by Sheikh Hasina or her representatives. So acceptance of money by Sheikh Hasina is false and fabricated. 5.The cheques are found to be of different abnormal series which also create doubts in issuance of those cheques to the same person. 6. The complainant has alleged that he paid 1 crore 80 lac in cash to Seikh Helal but could not produce any evidence at the time of lodging the case. His claim to produce the evidence lateron is not acceptable as an evidence as it is after thought evidence. 7. As per Bangladesh Penal Code Section 385 is applicable only when at the threat of causing injury a person realizes money or any thing from the affected person. But in the so called story of this case there was no threat of causing injury to the complainant to realize money from him. So this case must not have to be instituted under section 385/109 Bangladesh Penal Code by the police. This proves police has instituted this case with ill motive. Annexure –II Case No. 34/489 dated 13.06.07 Section 385/109 Bangladesh Penal Code (B.P.C), Police Station Gulshan Dhaka Metropolition Police, against Sheikh Hasina and here cousin Sheikh Faizlul Karim is False & fabricated for the following reasons: 1. The Complainant Azam Chowdhury has alleged that Sheikh Fazlul Karim Selim approached M/S Techno Prome Export (T.P.E) Russia to become local commission agent himself of Shiddhirganj Power Plant, Narayangonj, in the year 2000. At that time SK. F. K. Selim was the Health Minister holding Govt. office. As per existing rule, any person holding Govt. office can not be the Commission Agent of a foreign company. So the allegation of becoming Commission Agent against SK. F.K. Selim is false. 2. The complainant has alleged that T.P.F refused SK. F.K Selim to appoint him as their agent in the running project. For that refusal SK. F. K. Selim demanded commission. The question of refusal by T.P.E does not arise because SK. F.K. Selim as a Minister, had no scope to be the Commission Agent. So the allegation is false and baseless. 3. The complainant went to SK. F.K. Selim's Banani residence and handed over 8 cheques of 8 different dates amounting Tk 2,99,65,500. He has not mentioned the date and time of his presence in the house of SK. F.K. Selim. The name of Payee were also not mentioned in the allegation. The allegation is written, the complainant got enough time to write the story of allegation, so there is no scope of committing mistake in mentioning date, time and name of the payee. Without date & time the commission of occurrence is not admissible. So the allegation is false and fabricated. 4. Since the allegation against the Principal accused SK. F.K. Selim is false so the allegation *of abetment against SK. Hasina is absolutely false. 5. As per Bangladesh Penal Code Section 385 is applicable only when at the threat of causing injury a person realizes money or any thing from the affected person. But in the so called story of this case there was no threat of causing injury to the complainant to realize money from him. So this case must not have to be instituted under section 385/109 Bangladesh Penal Code by the police. This proves police has instituted this case with ill motive.

Thursday, May 31, 2007

URGENT APPEAL:(Update)Ensure the immediate release and proper treatment of the General Secretary of Bangladesh Awami League

BANGLADESH: ENSURE THE IMMEDIATE RELEASE AND PROPER TREATMENT OF GENERAL SECRETARY OF BANGLADESH AWAMI LEAGUE BANGLADESH INSTITUTE OF HUAMAN RIGHTS URGENT APPEAL PROGRAMME URGENT APPEAL CASE: (Update) BIHR UA-2007-05-31 DATE: May 31, 2007 ISSUE: Arbitrary arrest and detention; abuse of preventive detention under the state of emergency ================================== URGENT APPEAL BANGLADESH: Ensure the immediate release and proper treatment of the General Secretary of Bangladesh Awami League. ================================== Dear Friends, Bangladesh Institute of Human Rights (BIHR) has received updated information of alleged arbitrary arrest and detention under the Special Power Act (SPA), 1974 from Bangladesh. We were informed that Mr. Abdul Jalil, General Secretary of the Bangladesh Awami League party as well as the Former Minister of Trade Affairs, was arbitrarily arrested on 28 May 2007. The victim is currently being detained in preventive detention under section 3(1) of SPA. The BIHR is deeply concerned that political activist is being subjected to arbitrary arrest and detention by the caretaker government after the state of emergency was declared in January 2007. Please visit the following link to read previous appeal: http://bihr-bihr.blogspot.com/2009/06/urgent-appealensure-immediate-release.html BIOGRAPHY: Name of the Victim : Mr.Abdul Jalil, Organizer of Independent War and Former Trade Minister of Bangladesh Address : House #17; Road # 55; Gulshan-2, Dhaka Political Position General Secretary, Bangladesh Awami League Date of Arrest : 28 May 2007 Time of Arrest : Around 3:45pm Place from Arrest : Head Office, Mercantile Bank LTD, Motijheel C/A, Dhaka. FACT DETAILS: The army-led joint forces in a sudden move took Awami League (AL) General Secretary Abdul Jalil, into custody on 28 May.2007. It could not be ascertained immediately where the Awami League General Secretary was taken and on what charges he had been taken into the custody of joint forces. Jalil was picked up from his Mercantile Bank office in Motijheel around 3:45pm while he was presiding over an internal meeting of the bank. Thereafter Abdul Jalil was remanded in custody on 29 May ’07, night by a Dhaka court for interrogation about alleged corruption. He was remanded for four days at a crowded court showing arrested under section 16(2) of the Emergency Power Rules. Motijheel police produced AL General Secretary Abdul Jalil before the court of Metropolitan Magistrate Shafique Anwar at 8:15pm with a prayer for seven-day remand on 29 May ‘07. Investigation officer (IO) of the case and Officer-in-Charge (OC) of Motijheel Police Station Nasirul Alam mentioned in the forwarding report that Jalil accumulated a huge amount of wealth and money through corruption being the party general secretary. He had also been delivering provocative statements over the last few days to destabilize the country's political situation. So, he needs to be interrogated in remand. The defence lawyers argued for cancellation of the remand prayer. After hearing both the sides, the court granted a four-day remand for Jalil. STATEMENT OF SHEIKH HASINA: Awami League (AL) chief Sheikh Hasina accused the government of trying to suppress "people's wishes" and diverting focus away from the government's failure to rein in rising prices of essentials by making arrests and creating a "suffocating" environment of "fear". She demanded immediate elections as she felt that "the time limit for the state of emergency has expired". She made the comments while speaking to the press after her visit to the Mujibunnessa Eye Hospital for check-up. Hasina said, "People who are truly corrupt need to be arrested. Why are they not being arrested? They are freely roaming around...arrest them, not the politicians who have spent days in the streets fighting for the people."
"The time for an emergency has ended. We want democracy; we want people's right to vote because it is the people who have the power. They can never suppress people's wishes, but it seems like that is what they want to do," Hasina said. "They have not been able to bring down the prices of essentials. Nothing is being done about that. Instead, arrests, tortures... as if they are trying to distract people by creating a state of fear," she said, adding, "This game will not last long." "It is not even clear what they want to do. The country cannot continue under this suffocating environment," the AL chief said. She said, "Those of us who have struggled in the streets in rain and storms and endured police beatings; it seems those are the people who are suffering the greatest repression." STATEMENT OF UK & USA EMBASSEY: On 29 May ‘07, US embassy spokesman in Dhaka said those who are arrested should be informed about the charges for which they have been arrested and allowed to defend themselves. Asked about US reaction to the arrest of senior Awami League and BNP leaders, the spokesman would not comment on the specifics of any case, but said "the right to due process is a basic democratic norm". Stressing the need for informing the arrested people of the charges, he said, "There has been press speculation that Awami League General Secretary Abdul Jalil has been arrested in response to his call for lifting the ban on political activity--a call that we in the US embassy have also been making." However, the spokesman said: "I would hope that this speculation is groundless and that he (Jalil) has not been arrested for calling for basic democratic rights." Commenting on the arrest of politicians, a spokeswoman for the British high commission said, "Essentially it is an internal matter. We hope the government will follow due process." ADITINAL COMMENTS: People deserve to know reasons behind detention of Jalil. Let us make our position clear at the outset. We have been supportive of the political reform measures undertaken by the caretaker government. By the same token, we have provided our full backing to the anti-corruption crusade the administration has launched. It remains our expectation that the reforms process and the drive against corruption will be seen through to their logical conclusion. However, we are at a loss to understand why the latest wave of arrests of political leaders, especially of Awami League General Secretary Abdul Jalil, was undertaken and in such an inexplicable manner. So far, as we understand, the authorities have not explained the causes why Jalil was taken into custody. Which compels us to bring up an essential point: whenever a political leader of repute such as Jalil is arrested, it is only proper that the public be taken into confidence by the authorities. That confidence comes from giving citizens convincing arguments as to why such arrests are being made. Jalil is a veteran politician who in recent times has played a leading role not only in his own party but also in the fourteen-party alliance. His arrest, and the manner of it, will raise questions that the authorities are now expected to answer. What is to be noted is the statement by ACC Chairman Hasan Mashhud Chowdhury that Jalil's name was not on the list of people accused of corruption. There must be some other reasons that might have prompted the AL leader's arrest. What those reasons are need to be clarified by the government. At this critical juncture in the nation's history, when the administration and the country are moving towards general elections through putting in place the necessary political and electoral reforms, any ill-conceived move on the part of the authorities can jeopardise the prospects for such changes to be brought about any time soon. Arresting politician once they become vocal, as Jalil have been, quite mars the credibility of the arresting process.
The priorities today are clear. And they relate mainly to political party reforms, preparation of a voter list and eventual holding of general elections. All of these are matters over which it will be necessary for the government as well as the Election Commission to interact with the major stakeholders here, in this case the political parties. Quite legitimately, therefore, the authorities can be reminded that when their avowed goal remains a promotion and implementation of political reforms, it does not make sense for them to alienate and antagonize the political parties. It is important that the expectations placed on the caretaker government are not swept aside by moves that might leave politics in a state of disarray, to our collective discomfiture. SUGESTED ACTION: Please write to the relevant local authorities and express your deep concern about this case. Please urge the immediate release of the two victims. Please also urge the caretaker government to immediately remove the state of emergency and release the detainees arbitrary arrested during the period of the state of the emergency. PLEASE SEND YOUR LETTER TO:

1. Prof. Iajuddin Ahmed
President
People's Republic of Bangladesh
Bangabhaban, Dhaka
BANGLADESH
Tel: +880 2 9568041, 7161501/A, 8311202/ 7161503
Fax: +880 2 9566242 or 9566593 2. Dr. Fakhruddin Ahmed
Chief Adviser
Government of the People's Republic of Bangladesh
Office of the Chief Advisor
Tejgaon, Dhaka
BANGLADESH
Tel: +880 2 8828160-79, 9888677
Fax: +880 2 8113244 or 3243 or 1015 or 1490 3. Mr. Sayed J. R. Modassir Hossain
Chief Justice
The Supreme Court of Bangladesh
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562792
Fax: +880 2 9565058 4. Mr. Fida M Kamal
Attorney General of Bangladesh
Office of the Attorney General
Supreme Court Building
Ramna, Dhaka-1000
BANGLADESH
Tel: +880 2 9562868
Fax: +880 2 9561568 5. Barrister Moinul Hossain
Adviser
Ministry of Law, Justice & Parliamentary Affairs
Bangladesh Secretariat
Dhaka-1000
BANGLADESH
Tel: +88-02-7160627 (O)
Fax: +88-02-7168557 (O) 6. Mr. Nur Mohammad
Inspector General of Police (IGP)
Bangladesh Police
Police Headquarters'
Fulbaria, Dhaka-1000
BANGLADESH
Tel: +880 2 9562054 or 7176451 or 7176677
Fax: +880 2 9563362 or 9563363
Thank you. Shahanur Islam Advocate Urgent Appeals Programme
Bangladesh Institute of Human Rights (BIHR) 27, Bijoy Nagar, Dhaka-1000, Bangladesh E-mail:saikotbihr@gmail.com; bihr@bangla.net www.bihr-bihr.blogspot.com, www.brct.org