Trying the killers of Bangabandhu

Finally, killers of founding father of Bangladesh will face punishment for the brutal murder of the heroic man of the history of Bengal, along with other members of his family, including his minor son Sheikh Russel.

Sheikh Mujibur Rahman [March 17, 1920 – August 15, 1975] was a Bengali politician and the founding leader of the People's Republic of Bangladesh, generally considered in the country as the father of the Bengali nation. He headed the Awami League, served as the first President of Bangladesh and later became its Prime Minister. He is popularly referred to as Sheikh Mujib, and with the honorary title of Bangabandhu ["Friend of Bengal"]. His eldest daughter Sheikh Hasina Wajed is the present leader of the Awami League and the current Prime Minister of Bangladesh.

A student political leader, Mujib rose in East Pakistani politics and within the ranks of the Awami League as a charismatic and forceful orator. An advocate of socialism, Mujib became popular for his leadership against the ethnic and institutional discrimination of Bengalis. He demanded increased provincial autonomy, and became a fierce opponent of the military rule of Ayub Khan. At the heightening of sectional tensions, Mujib outlined a 6-point autonomy plan, which was seen as separatism in West Pakistan. He was tried in 1968 for allegedly conspiring with the Indian government but was not found guilty. Despite leading his party to a major victory in the 1970 elections, Mujib was not invited to form the government.

After talks broke down with President Yahya Khan and West Pakistani politician Zulfikar Ali Bhutto, Sheikh Mujib on 26 March, 1971 announced the declaration of independence of East Pakistan and announced the establishment of the sovereign People's Republic of Bangladesh. Subsequently he was arrested and tried by a military court during his nine month detention. Guerrilla war erupted between government forces and Bengali nationalists aided by India. An all out war between the Pakistan Army and Bangladesh-India Joint Forces led to the establishment of Bangladesh, and after his release Mujib assumed office as a provisional president, and later prime minister. Even as a constitution was adopted, proclaiming socialism and a secular democracy, Mujib struggled to address the challenges of intense poverty and unemployment, coupled with rampant corruption. Amidst rising popular agitation, he banned other political parties and established a one party state. After only seven months, Mujib was assassinated along with most of his family by a group of army officers.

Syed Faruque Rahman, Abdur Rashid, Sharful Haque Dalim, all Majors in the Bangladesh Army and veterans of Mukti Bahini [Freedom Fighter, who fought for the independence of Bangladesh], hatched a conspiracy to assassin Bangabandhu Sheikh Mujibur Rahman while Khondaker Mostaq Ahmed, an Awami League cabinet minister under Mujib rule, actively collaborated with the conspirators and even agreed to take over the Presidency once Mujib was killed. It is alleged that the chief of the army General Shafiullah [now a leader of Bangladesh Awami League] and defense intelligence were unaware of the conspiracy. However, Mujib relied more on Rakshi Bahini, a militia, rather than army, for his ultimate security.

In the early morning of August 15, 1975, the conspirators were divided into 3 groups. One group attacked Mujib's house in road number 32, Dhanmondi Residential Area in the Dhaka city. Mujib was killed on the stairs, and all the members of his family were also executed except for his two daughters [Sheikh Hasina and Sheikh Rehana], who were in Germany at the time. Two other groups of soldiers killed Sheikh Fazlul Haque Moni, Mujib's nephew and influential leader of Awami League, and Abdur Rab Serniabat, Mujib's brother-in-law, and a minister of the Government. Three months later, four major leaders of Awami League, Tajuddin Ahmed, Mansur Ali, Syed Nazrul Islam and AHM Kamruzzaman were arrested and jailed [they were later murdered in jail on November 4, 1975].

Dictated by the coup masterminds, Khondaker Mustaq Ahmed assumed presidency and the participating army officers became the de-facto leaders of the country. They were later toppled by yet another coup led by General Khaled Mosharraf on November 3, 1975. Mosharraf himself was killed in a counter coup on November 7, which installed General Ziaur Rahman in power. In the meanwhile Faruque Rahman, Rashid, and the other army officers had been promoted to the rank of Lt. Colonels. They were exiled in Libya and other countries, and were given several diplomatic posts in Bangladesh missions abroad. Faruque later returned and founded the Bangladesh Freedom Party.

The military took no action like court martial against the military officials who masterminded and participated in the coup. No case was also registered with the police either by relatives of Mujib or his party men. In fact the conspirators could not also be tried in court of law on the charge of assassination, because the Indemnity Ordinance passed by the government under President Khondaker Mustaq Ahmed and participated in by followers of Mujib gave them a blanket pardon for any acts committed on August 15, 1975. However, when the Awami League, led by Mujib's daughter, Sheikh Hasina, won the election in 1996, it repealed the ordinance. The Bangabandhu murder trial commenced, and Faruque, and some other coup leaders were arrested. Rashid, however, escaped arrest as he was reportedly in Libya. The trial ended in death sentences for Faruque and the major coup leaders. On June 18, 2007, one of the conspirators who had been sentenced to death, Mohiuddin Ahmed, was extradited to Bangladesh from the United States. On August 07, 2007, the murder case hearing resumed after 6 years.

After 34 years of the brutal killings of Father of the Nation Bangabnadhu Sheikh Mujibur Rahman and most of his family members, the Appellate Division of Supreme Court [SC] will finally deliver its verdict in the murder case on November 19.

A special bench of the SC Appellate Division comprising Justice Mohammed Tafazzul Islam, Justice Mohammed Abdul Aziz, Justice BK Das, Justice Mohammed Muzammel Hossain, and Justice SK Sinha will deliver the verdict.

After hearing for 29 days the appeals filed by five condemned convicts in the case challenging their convictions and sentences, the apex court scheduled the date for judgment.

Convicts Lt Col [sacked] Syed Farooq-ur Rahman, Lt Col [retired] Sultan Shahriar Rashid Khan, Lt Col [retired] Muhiuddin Ahmed, Lt Col [retired] AKM Mohiuddin Ahmed, and Maj [retired] Bazlul Huda, who are now behind bars, filed the appeals with the apex court in October 2007 against their convictions and death sentences by a lower court.

On October 5, the Appellate Division started hearing the appeals on five points -whether Bangabandhu was killed along with most of his family members as a result of a mutiny in the army; whether the witness statements were contradictory; whether the delay in filing the first information report had been reasonable as thought by the lower court; whether there was any conspiracy behind the murders; and whether disposal of the death references appeals of six defendants out of 15 by the 3rd judge in the High Court was correct and legal.

Earlier on September 23, 2007, a three-judge special bench of the Appellate Division comprising Justice Mohammed Tafazzul Islam, Justice Mohammed Joynul Abedin, and Justice Mohammed Hassan Ameen granted the leave to appeal petitions filed by the five convicts.

On November 8, 1998, Dhaka Sessions Judge Golam Rasul handed down death sentences to 15 of the 20 defendants in the case.

The condemned were Lt Col [dismissed] Syed Farooq-ur Rahman, Lt Col [retired] Sultan Shahriar Rashid Khan, Lt Col [retired] Muhiuddin Ahmed, Lt Col [retired] AKM Mahiuddin Ahmed, Maj [retired] Bazlul Huda, Lt Col [retired] Khandaker Abdur Rashid, Maj [retired] Shariful Haque Dalim, Major [retired] Ahmed Shariful Hossain, Lt Col [retired] AM Rashed Chowdhury, Lt Col [retired] SHMB Noor Chowdhury, Lt Col [retired] Mohammed Abdul Aziz Pasha, Capt [retired] Mohammed Kismat Hashem, Capt [retired] Nazmul Hossain Ansar, Capt [retired] Abdul Mazed, and Risaldar [retired] Moslemuddin.

A division bench of the High Court comprising Justice Mohammed Ruhul Amin and Justice ABM Khairul Haque on December 14, 2000, delivered split verdicts on death reference appeals in the case.

First judge Justice Mohammed Ruhul Amin upheld the death sentences of 10 and acquitted five -- Muhiuddin Ahmed, Ahmed Shariful Hossain, Mohammed Kismat Hashem, Nazmul Hossain Ansar, and Moslemuddin.

Second judge Justice ABM Khairul Haque upheld the death sentences of all 15 convicts.

On January 15, 2001, Justice Mohammad Fazlul Karim was appointed as the third judge to adjudicate the appeals.

He delivered the final High Court verdict in the case on April 30, 2001, affirming the convictions and death sentences of 12 of the 15 defendants. The three that he acquitted are Mohammed Kismat Hashem, Ahmed Shariful Hossain, and Nazmul Hossain Ansar.

Sources said condemned convict Khandaker Abdur Rashid is hiding in Libya, Shariful Haque Dalim is in Pakistan, Rashed Chowdhury is in the United States, Noor Chowdhury is in Germany, Abdul Mazed and Moslemuddin are in India.

Another condemned Aziz Pasha died in Zimbabwe, according to the sources.

Security has been strengthened in the Bangladesh capital and at key installations in the country ahead of the much awaited judgment in the Sheikh Mujibur Rahman murder case.

The Supreme Court, where the historic judgment will be made on November 19 by the Appellate Division, has been put on highest alert.

Prime Minister Sheikh Hasina, whose father and the country´s founding father Sheikh Mujibur Rahman and other members of his family were gunned down on August 15, 1975, has also warned party leaders and activists to remain alert.

Several key Ministers have already expressed their concern about possible acts to sabotage the judgment in the case that took years of court hearing.

The five-member Appellate Division Bench, headed by justice Mohammed Tafazzal Islam, fixed November 19 for its judgment in the historic case against the death sentences awarded to a group of ex-army officers who assassinated Mujib who led Bangladesh to freedom.

Government and law enforcing agencies are seeing ´high risk´ of sabotage in the country by ´vested quarters´ following the verdict on November 19, 2009. Keeping this in mind, more than 5,000 members of elite forces and law enforcing agencies have joined the regular forces only in the Capital city for strict security measures. It is anticipated that, following the verdict of the Supreme Court´s Appellate Division, necessary formalities for implementation of the verdict shall be completed before the celebration of country´s Victory Day on December 16.

There is no doubt that, Awami League leaders and its supporters are awaiting death sentence of the killers of the founding father of the country. Many neutral people are also having similar thoughts. On the other hand, courts will make its decision on the basis of legal circumstances, instead of paying any heed to any kind of emotions or sentiments.

Main opposition Bangladesh Nationalist Party´s secretary general Khondokar Delwar Hossain alleged that the government was ´influencing the court´ in getting a verdict as per their wills. While, Law Minister Barrister Shafiq Ahmed rejected such allegations saying, courts and judges were completely independent in making decision. It is believed that Bangladesh Nationalist Party [BNP] is a beneficiary of the August 15, 1975 assassination of Bangabandhu. In this case, it is natural that this party will be sympathetic towards the self-proclaimed killers of Bangabandhu Sheikh Mujibur Rahman.

Political analysts in Dhaka feel that, for the sake of showing respect to the founding father of the nation, it is important to see an end to the decade-long trial into the Mujib murder case. Culprit, whoever may be, should not be shown minimum sympathy by any sensible citizen of the country. Legacy of blood in Bangladesh politics should come to an end with the final verdict and implementation of the verdict into the Bangabandhu murder case.