Arrest of BNP-JI Ministers:
Is it A Strategy of Political Rehabilitation?
Dr. Abdul Momen
Is the recent cases against former Prime Minister Khaleda Zia, and Jamaati Islam (JI) Party President Motiur Rahman Nizami plus 12 other BNP Ministers including Saifur Rahman and K. M. Anwar a well thought-out strategy on the part of the military-backed Caretaker government (CTG) to rehabilitate the now disgraced BNP-Jamaat (BNP-JI) coalition government leaders? Historically, in Bangladesh, if any political leader is jailed or arrested, normally his or her popularity surges. More so if such arrest is done unjustly. The CTG knows it.
The BNP-JI coalition party that ruled Bangladesh from 2001 through 2006 instead of improving governance basically looted the country and virtually ignored rule of law, justice, fairness and ethics. No wonder, the corruption which was high reached its zenith and Bangladesh topped as number one corrupt country consecutively for five years as per Transparency International, a global watchdog. The BNP-JI government misused its single majority in the parliament and destroyed public institutions such as (1) Anti-Corruption Commission (ACC), (2) Public Service Commission (PSC), (3) Judiciary and more importantly, the Election Commission (EC). In order to manipulate and doctor the election, its partisan EC headed by Justice M. A. Aziz created a voter list that had, as per Washington-based NDI, a democracy watch over 16% ghost voters. It also set up a highly partisan administration at every polling station in the country in order to doctor the 2006 January 22 election. For example, Officer-in-charge (OC) of the Gulshan Thana of Dhaka with whom Saifur Rahman had a superb personal relationship was posted just prior to the 2006-election at the Companygonj Thana, an important part of his constituency and one of his close relatives was posted as the Election Officer of the area. That OC invited a group of local leaders just prior to the scheduled election of January 22 and he bluntly stated, 'I am posted here to ensure the victory of our Finance Minister M. Saifur Rahman and if you fail to vote for him, you know what will happen to you". Generally an OC of Gulshan Thana would never be willing to move to Companygonj, a remote area unless he had been assured of some special favors. No wonder, the AL (Awami League) and its 14 party coalition known as Mohajote decided to boycott the said election.
On January 11, 2006 the military-backed CTG took over with a promise to hand over powers to an elected government and they assured the nation that they would hold a 'free, fair, non-violent and more importantly, a credible election as soon as possible'. Unfortunately, 15 months have elapsed there is hardly any sign of a 'free, fair and credible election' yet. In fact, uncertainty is mounting every day and whether it would be a 'free, fair and credible election' is now becoming questionable. The CTG is thinking of holding the election under its emergency rule and currently forcing the political parties to agree on certain stringent clauses, many of which are designed to prolong civil-military- technocratic rule of oligarchy.
Initially when the CTG set up a 'credible EC' (although there was report of 22 lakhs tons of rice corruption by Brigadier-General (Retd) M. Shakawat Hussain, an election commissioner) and it started preparing a voter list afresh, people were pleased. They expected a relatively 'free and fair' election. But now, doubts are mounting.
The CTG started a corruption-jihad and its main target was not the immediate past BNP-JI government but the AL leadership that opposed a manipulated election. Nor its target was the LGRD and the Education Ministries that were identified by the World Bank as the most corrupt institutions in the country. Instead, it targeted its jihad onto the AL party that demanded to identify the looters of the past BNP-JI government and to punish them. Secondly, its main target was the leader of the AL party Sheikh Hasina and it concocted few cases against her that lacked merits. Since these cases cannot pass the test of fairness and justice, therefore, it placed them in a kangaroo court under its Emergency Regulation, a draconian law. This draconian law is similar to that of the Apartheid Laws of South Africa that had been discarded. No wonder the nation's High Court declared such law as illegal and without any validity. Nevertheless, the CTG got such verdict overturned by its puppet Supreme Court judges. Reportedly, the Chief Justice Ruhul Amin of the Supreme Court illegally got a plot of land in a prestigious locality of the capital city and therefore, he was threatened to be arrested unless he toe the government position. Ruhul Amin will retire soon and the nation's legal professionals took an exceptional decision not to honor him with a 'farewell reception' that is customary for years because of his poor sense of ethics, morality and justice. He will definitely go down in the history as a 'case study of disgrace' to the judicial system of law.
The CTG and its ACC have so far convicted nearly 60 politicians and arrested over 200 bigwigs mostly politicians. They also arrested former Prime Minister and BNP Chairperson Khaleda Zia and her two sons that are known as highly corrupt. They arrested Sheikh Hasina, the AL leader and lodged questionable cases against her. For example, Hasina, the daughter of founding father of independent Bangladesh and the uncompromising fighter of multi-party democracy and a crusader against terrorism (terrorists repeatedly tried to kill her) is facing a case as one businessman donated Tk10 crore to two non-profit foundations, namely, the 'Bangabandhu Foundation', and the other the 'Senakollan Foundation'. He donated Tk2.99 crore to Bangabandhu Foundation that helps students, needy and distressed people with financial support. He also donated Tk7 crore to the Senakollan Foundation at the same time that caters for the welfare of the Bangladesh military. No case is lodged against the Senakollan Foundation for accepting Tk7 crore. However, a case has been lodged against Hasina and the Bangabandhu Foundation for accepting TK2.99 crore donations.
These foundations are 'tax exempt non-profit foundations' and therefore, such case would discourage business people and the public to donate funds to good causes in future. No wonder, the total donation to the Chief Advisor's Relief Fund was less than expected in spite of the fact that the country faced a catastrophic Sidr cyclone and a devastating flood. This may be because, people are afraid, in future, donation to Chief Advisor's Relief Fund or Prime Minister's Relief Fund, non-profit tax exempt foundations could be construed as 'extortion and corruption'.
Now the CTG has lodged corruption cases against a number of BNP-JI Cabinet members including Prime Minister Khaleda Zia. These cases are commonly known as Boropukuria, Getco and Nikko cases. Earlier they brought similar case against Hasina known as Barge-Mounted Power Plant case. In these cases, past elected governments offered contracts to business groups that competed in open bids through due process. They are being charged for corruption for granting contracts or for taking decisions. It is alleged that they offered contracts to their chosen parties because of underhand dealings. The ACC and the CTG know that such cases will be difficult to prove. In spite of that, they arrested the BNP-JI leadership with lot of fanfare. The political analysts believe these arrests basically to restore and rehabilitate the now disgraced credibility of the BNP-JI leadership.
In fact, public support for the BNP-JI leadership is very low now more so due to division within the party. One group is King's group led by Saifur Rahman (this group is in the verge of collapse) and the other group is led by Khandaker Dilwar Hossain, Khaleda Zia's trusted friend and counselor. The BNP now has very little chance of winning. As per military intelligence sources, if there is a 'free, fair and credible election' by December 2008 Sheikh Hasina's AL party is likely to sweep the majority with relative ease. The CTG don't like it. They were also briefed that 'jailing Hasina' has, in fact, improved her public image and support as public irrespective of party affiliation generally perceived all cases against her as false, fabricated and politically motivated. They also believe that cases against former permanent Secretary Towfique Elahi Chowdhury, a Harvard graduate and a valiant freedom fighter who established a distinguished career and tract record of honesty and deep public service commitment over a long period of 42 years has been charged with corruption as he refused to make up stories of corruption and extortion against Sheikh Hasina, his Minister-in- Charge of the Energy Ministry that set up a few much needed power plants in Bangladesh during her tenure (the current CTG failed to add a single kilowatt hour of energy in its 15 months in office nor could sign a single contract owing to indecision and business of 'tenders and re-tenders' for which load shedding and public suffering has intensified manifold). Sensing that 'jailing could enhance one's image and credibility', the CTG therefore, developed a new strategy. It now arrested and jailed a few discredited top BNP-JI leaders. It is further learned that they would be found 'not corrupt or guilty' (as General H. M. Ershad or Sulehi of the Rajshahi University murder case found not guilty) in the kangaroo courts. Such may enhance their credibility and may help rehabilitating or restoring them in public life. Therefore, CTG hurriedly arrested them and lodged cases against them. Khaleda Zia's trusted friend and her party's Acting Secretary General Khandaker Dilwar has assured his party supporters by terming such cases as simply 'jokes'.
The CTG is afraid that if its 'political dialogue' fails and if they have to hold an election as per as its roadmap under pressure, they would rather prefer their BNP-JI leaders to get elected. Remember, the Chief Advisor and most of the core advisors plus General Moeen U. Ahmed, the real power behind the current emergency government are the beneficiaries of the BNP-JI coalition government. Moeen was appointed as the Chief of the Bangladesh Army superseding six senior generals at the advice of Khaleda Zia's brother Major (Retd) Saeed Iskander, a BNP leader and her son Tariq Zia. Dr. Fakhruddin Ahmed, the Chief Advisor was brought to Bangladesh from his retirement abroad and then appointed as the Governor of the Bangladesh Bank and then as the Managing Director of the PKSF by Khaleda Zia and her Finance Minister M. Saifur Rahman (critics claim that Dr. Ahmed informed Mr. Rahman, his former boss to leave the country prior to issuing his arrest orders). Therefore, many termed the CTG as the 'B Team' of the BNP-JI coalition government. However, Dr. Ahmed and General Moeen U. Ahmed have a challenge to prove otherwise. Will they take that challenge for the good of the country?
While the CTG is worried as the nation's economy is stagnating and its governance is collapsing under fear of corruption/extortio n cases, rising prices of essentials and political uncertainty, analysts believe that the foreign diplomats especially the Americans are worried about the future of Bangladesh Army, the only institution that commands respect. They are worried that if the CTG's dialogues fail, Dr. Ahmed would be replaced and the military may come forward to take additional responsibility. Currently they get things done from behind and thus escape public criticism. However, if they directly get involved and if political agitations out of everyday sufferings culminate into a mass upsurge as happened in early 1990s, the Bangladesh military may face threats of public wrath like that of Costa Rica [when opposition party won the election, the government annulled the election result and a civil war broke out in which nearly 2000 died. A military commander revolted and defeated pro-government forces and later abolished Costa Rican army in 1949]. In the process, it may be wiped out. The U. S. uses military establishments in many developing countries to achieve its target strategies and if such institutions lose credibility or collapse, then one of its major tools of political maneuvering would be lost. Therefore, a number of U. S. diplomats namely the visiting U. S. Assistant Secretary of State for Central and South Asian Affairs Richard Boucher, the U. S. Assistant Secretary of State for Terrorism, Del Dailey, Deputy U. S. Assistant Secretary of State for Human Rights & Labor, Erica Barks-Ruggle and more importantly, the U. S. Ambassador in Dhaka, James Moriarty, an experienced South-Asia diplomat, publicly and repeatedly stated that the U. S. would like to see a 'credible elected government in Bangladesh' by year-end and they further cautioned the consequences of military takeover. They advised the military not to take additional responsibility.
It is reported that except a few in the Bangladesh Army, the rank and file do not like to intervene in the political process of Bangladesh. Many believe that power games are being played in the name of Bangladesh army by a handful few for their personal gains. Recently, former Army Chief Lt. General Harunur Rashid stated in New York that except a microscopic few zealots in the army, the rest would like to have a 'democratic Bangladesh'. He further stated that 'after 1975 coup of General Ziaur Rahman, many in the Bangladesh Army did not like such army takeover and massacre and therefore, nearly 26 unsuccessful counter coups occurred during Zia's rule'. Therefore, he urged the gathering not to blame the army for weakening the political parties and processes, playing stick and carrot policy including arming the students groups and disruption in the democratic process as an institution. However, he told the audience to correctly identify those few officers that are responsible for trying to destroy both democracy and military for personal gains wearing military badges. Does it means, there is growing frustration and divisions amongst the Bangladesh army and therefore, the U. S. diplomats are strongly arguing for a 'free, fair and credible election'?
The U. S. diplomats are also advising CTG to ensure a 'transparent trial' of the political leaders. Ambassador Moriarty eloquently presented his 3Ds approach —'democracy, development and denying space to terrorism'—that should be the goal of a nation like Bangladesh that is trying hard to provide an acceptable living standard to its citizens. He further said, 'U. S. doesn't want replication of (Pakistan's) Musharraf model in Bangladesh'. He is right. Empirically the countries that follow democracy and free economies are better developed, their standard of living and longevity is much higher and they enjoy freedom of press, freedom of opportunities, rule of law and of course, a decent living. Examples are USA, UK, Sweden, etc. Such countries also have minimum chances of terrorism. Ambassador Moriarty is right that unless multi-party democracy is restored in Bangladesh soon, the country may face both economic and social hardships and in the process, can become a hub of global terrorism. Signs are there. Aside from global terrorism, there could be hundred stories of Nahna of Iraq and Aziza of Afghanistan who were victims of religious extremism. They were executed by religious zealots as they did not cover their body parts with head-to-toe abaya. Out of economic and social deprivation and frustration such become a norm. We all witnessed that a liberal, progressive and relatively prosperous country like Iraq suddenly became a hub of extremism owing to occupation, uncertainty and a manipulated election. The things that were unimaginable in Saddam's Iraq are now everyday phenomenon. Iraqis wished for a better living by replacing a despot but ended up in disasters and a pitiable living condition. Therefore, the CTG, the EC, the DGFI (defense intelligence) and the ACC must not put barriers to restore multiparty democracy based on 'free, fair and credible election'. Let the public make their judgment.
The wish-list of the CTG, the ACC, the EC and the DGFI may be great but they must be pragmatic and open. First, they should refrain from holding a 'manipulated election' like that of Al-Maliki of Iraq or Karzai of Afghanistan. Remember, people don't want to go back to the 'doctored election engineering environment' of BNP-JI period prior to 1/11. Second, allow people to vote for those candidates that they respect. In fact, there is no need to pre-select the candidates by the CTG/ACC/EC/DGFI under various pretexts including 'level playing field'. Let 'Minus-2 or minus-200' be the people's decision. Let the media expose the individuals rather than the CTG/DGFI. Politics is an art of compromise and it's a game of pragmatism, give and take. One must be pragmatic for the greater benefits for its countrymen and well being of its people. ____________ ______
May 26, 2008 Boston, USA
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