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Sunday, October 4, 2009

[chottala.com] Bangladesh: Laws And Legal Reforms Needed



Bangladesh: Laws And Legal Reforms Needed

 

Bangladesh: Nation Urgently Needs Laws And Legal Reforms To Stop Custodial Torture And Extrajudicial Killings

By M. Shamsul Haque

Lawyer, Supreme Court Of Bangladesh

Bangladesh is an independent democratic country. She has been independent for almost four decades. At this time several elected Governments, including military regimes, have taken over power in the country. People are exercising their voting rights in order to make changes in the Government. The Government is being changed but the socio-economic and political condition of the people has yet to be changed significantly. It would not be an exaggeration to say that elected autocratic Governments have run the country up until now; hence peace in Bangladesh is a far distant cry.

The judiciary, although said to be independent, has yet to be proved; high handedness in the state machinery is frequently found in the judicial process. Physical torture of people arrested by the police, the Rapid Action Battalion (RAB), and other law enforcing agencies has precipitated a volatile situation. For the past 4/5 years, custodial deaths are frequently reported in the newspapers. Members of the Police, the RAB, the Detective Branch (DB) the Criminal Investigation Department (CID), and the Armed Forces conduct themselves as if they are above the law. They pick up anybody, kill them and give no explanation. However, on occasion they give the excuse that the victim died in the crossfire, or committed suicide or died due to cardiac failure. In this regard the killers never face an enquiry or are put on trial. On the contrary, sometimes they have been promoted to the next higher post by all the Governments of 4 party alliances, Caretaker Government and even presently the elec ted Mahajot (grand-allian
Bangladesh has a sacred book which is its constitution. It is the highest law of the land. The preamble in this constitution states that "Further pleading that it shall be a fundamental aim of the State to realize a society, free from exploitation -- a society in which the rule of law, fundamental human rights, freedom, equality, justice, political, economic and social well- being, will be secured for all citizens".

More specifically in Article 27 it is said, "All citizens are equal before the law and are entitled to equal protection of the law".

Further in Article 31, "To enjoy the protection of the law, and to be treated in accordance with the law, and only in accordance with the law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with the law"

Article 35(5) specifically says, "No persons shall be subjected to torture or to cruel, inhuman or degrading punishment or treatment."

This being the constitutional provision, can a man of ordinary prudence imagine this: that an arrested person would be tortured to death by the arresting authority with no attendant liability?

Here we mention a newspaper clipping published in "Amar Desh" 13, April 2009. It stated the types of torture meted out to an accused while on police remand.

The different types of torture are as follows:

1. Gita: Beating the joints of every limb. No external bleeding occurs but the limbs are damaged.

2. Badur Dholai (Bat beating): The accused person is hung by his hands between two tables like a bat. He is then beaten mercilessly.

3. Water therapy: This type of torture is inflicted upon veteran criminals. A napkin or a cloth is put over the face of the accused while he is lying face up. Next, hot/cold water is poured on the napkin. The accused dies of suffocation and the excuse given is that he died of cardiac arrest. In 1998, a University Student, Shamim Reza Rubel was killed while in custody using this type of torture.

4. Bottle Therapy: The accused persons are beaten with hot or cold water bottles. This type of torture leaves no marks, so it is the preferred method most often used by the authorities.

5. Dim Therapy (Egg Therapy): Hot boiled eggs are pushed up into the anal canal. This type of torture leaves no external sign of injury.

6. Disco Dance: Electric Shocks are administered. The victims' body convulses and it is called the disco dance by these aberrant police officers.

7. Shelai (Stitch): Needles are inserted under the nails of the accused. This is called shelai.

8. Jhal Muri (Chili mixed fired Rice): Dry chili powder is thrown into the eyes and the face of the accused.

9. Tana (Hanging): While being suspended an accused is given blows to the feet with a lathi stick- this is called Tana.

10. Batash Paddhoti (Fan practice): The accused is hung from a ceiling fan and then beaten. All the above are code names for torture administered by the police. Sometimes these are carried out to the letter by a subordinate employee with two views in mind. The first is to extract a confession from the accused while in custody. The second is to extract money form the accused. Whenever an order for police remand is passed by a Magistrate, the accused persons' relatives become fearful. They anticipate that the accused may be severely physically tortured or even put to death. It is at this point that the relatives offer goodly amounts of money to the police to avoid the torture of their family member. This is one method the Police Officers use to make money for themselves. Today, in Bangladesh, the Investigating Officer in almost 90% of Criminal Case applications prefers seeking police remand of the accused and these applications are hardly ever refused by the Magistrate.

In recent years, custodial deaths and extra judicial killings have risen to an alarming number. Some of the following pat explanations are given after a killing takes place. They say the death was a result of

(1) Crossfire

(2) Brush fire

(3) Suicide

(4) Cardiac failure The law enforcing agencies are never held accountable for the killing of an arrested, accused/ victim. The investigating or the arresting officer is never supposed to face trial for the killing of an arrested citizen. The Ministry of Home Affairs made this statement to the press on 16 May 2009. She said that members of the law enforcing agencies have a right to defend themselves which means that they can kill the accused if necessary. She made a similar comment on 6 September. While two polytechnic students were shot to death by the RAB (The Prothom Alo, dated 29 May 2009), the Foreign Minister was saying, "It will take time to stop extra judicial killings". This was broadcast on the televised news on 29 May 2009.

Lack of clear laws:
In fact, there is no clear law in this country to book a police officer or a member of the law enforcing agencies if he illegally kills any person in custody. A few prevailing laws, like the Penal Code-1860, are in poor form. Such an offender can be dealt with, but clumsily. In actual fact, nothing can be done against the perpetrators. For example, if an allegation is lodged against such an officer, who killed an accused person illegally, the case will be investigated by a police officer (Section 156 and 157 of the Code of Criminal Procedure-1898). And in most cases one police officer does not give a report against another police officer. Moreover, people are so frightened that normally they would not lodge an allegation against members of law enforcing agencies. Should they register such a complaint, it is predictable that either the complainant or any member of his family may be falsely implicated in the case, which will be graver in nature.

There are certain Sections in the Penal Code-1860, in Chapter- IX, from Section 161 to 171, regarding offences by or relating to public servants such as: Public servant receiving gratification other than legal remuneration in respect of an official act (Sec-161)

Public servant disobeying the law with the intent to cause injury (Sec-166)
OR
Public servant filing a corrupt report in a judicial proceeding contrary to the law (Sect- 219)
OR
Commitment for trial or confinement by a person in authority who knows that he is acting contrary to the law, (Sect- 220) as incorporated in Chapter-XI of the Penal Code regarding false evidence and offences against public justice. These are punishable offences. But such a case initiated against a police officer or a public servant can hardly be found. People do not feel free to move against a police officer or the Armed Forces because they are afraid of being falsely accused as mentioned above. Secondly, these types of cases are generally investigated by police officers and all garnered information is required to be given to the Police Station as provided in Chapter-XIV, Part-V of the Code of Criminal Procedure. Every recognizable offence is investigated by police officers. If the case is directly filed before a Magistrate, the same information is sent to the police for investigation. In such circumstances it is difficult to bring the wrong doers to justice. These are crimes commit ted by police officers/ a Mechanism of trial and punishment: Decisions taken by the Armed Forces Tribunals and the disciplinary actions by authorities in the Armed Forces are immune from challenge in Writ Jurisdiction, except within the narrow compass of want of jurisdiction, according to the Dhaka Law Report (DLR) 34 (Appellate Division), Page 125. The Armed Police Battalion Ordinance 1979 has given birth to (i) Armed Police Battalions and (ii) Rapid Action Battalions (RAB). Under Section 6-A of the Ordinance the RAB is empowered to investigate any offence under the direction of the Government under the Code of Criminal Procedure-1898 or any other law. The Investigating Officer shall exercise all such powers and perform all such functions and duties as may be exercised or performed by a police officer under the Code of Criminal Procedure-1898; but if they do anything wrong or illegal they will be tried by their own Tribunal, not by an ordinary court.

It is not unheard of that a few persons are in praise of the suspect activity of the RAB. They expressed their satisfaction with the extra judicial killings on the plea that law and order has deteriorated to a significant degree. They reasoned that such type of killing is necessary. However, this argument bears no logic; no person should be killed in this way without a fair trial and justice for his situation. Legal Impediments:
There are certain legal impediments to check or stop these acts done by cruel, corrupt and inhumane officials. The Code of Criminal Procedure of 1898 has given certain un-limited powers to police officers effecting arrest or investigating a case. But side by side they have to be guided by a good conscience as they exercise this unlimited power. Section 46 to Section 67 as incorporated in Chapter-VI, laid down the Procedures for arrest, escape and retaking.

Section 46-
Arrest How Made:

(1) "In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action". Resisting Endeavour to arrest:

(2) "If such person forcibly resists the endeavor to arrest him, or attempts to evade the arrest such police officer or other persons may use all means necessary to effect the arrest.

(3) Nothing in this Section gives a right to cause the death of a person who is not accused of an offence punishable with death or with transportation for life".

So, it is crystal clear from sub Section (1) of Section 46 that police officers in arresting a person will not touch the body unless by word or action the police officer informs him that he is arrested or he is in custody. So there is no scope for applying force in arresting a person unless the person required to be arrested applies any force or resists in evading the arrest.

But in Sub-Section (2) of Section 46 the Police Officer may use all means necessary if the person resists or attempts to evade arrest. The police officer may shoot towards the evading person and kill him if he is an accused of an offence punishable with death or transportation for life. So, it has become easier on the part of the police/RAB to cause the death of a person while arresting him by conjuring up a story of his resistance in evading arrest. To stop the extra judicial killing this sub-Section (2) of Section 46 is required first to be addressed and then amended.

The Judges of the South Asian subcontinent on several occasions have admonished society that investigating police are primarily the guardians of the liberty of an innocent person. A heavy responsibility devolves on them in seeing that innocent persons are not charged with irresponsible or false allegations. In the Dhaka Law Report (DLR) (High Court Division) page 363, Mr. Justice Hamidul Haque and Mr. Justice Salma Masud Chowdhury have given certain recommendations regarding arrest, confessions, and police remand. But these recommendations are merely circled in the document. Before adjudicating the innocence or guilt of a person to be put to death, what is necessary of the judiciary? How can civilization continue in this way?

The pen of the investigating officer is so powerful that it can do and undo each and everything as experienced in the British colonial period. It can compel an innocent person to stand in the dock to face trial; likewise it can set a veteran criminal free. Even today it needs no ink to send a report, merely refer the matter to the trigger of the gun.

In section 54, 156, 157, 164, 167 and other allied Sections of the Code of Criminal Procedure-1898 the police have unfettered jurisdiction, as if they are above the law. The time has come to urgently address all these things, amending relevant Sections and enacting the necessary laws. If this is done, members of the law enforcing agencies would be held accountable. They must be made to understand that they are not above the law.

"But who will bell the cat"? Every Government is reluctant to act in regard to the civil rights of its citizens.

Seemingly the Government is shaky, and afraid of being toppled if they do not have the support of the law enforcement agencies. Parties in opposition raise a slow voice against extra judicial killings. However, the moment they assume power they forget everything that had previously transpired. It rather works as a shield in supporting the perpetrators within the law enforcing agencies.

To achieve fruitful results from an independent judiciary, the high handedness of the law enforcing agencies must be stopped. Perpetrators within the law enforcing agencies must be brought to book by enacting new laws as they become necessary. # # #

About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

ENDS



BANGLADESH: Torture and Custodial Death (Prohibition) Bill, 2009 is placed before Parliament - 2009-09-11
[AHRC Article] BANGLADESH: Nation urgently needs laws and legal reforms to stop custodial torture and extrajudicial killings - 2009-09-10
[AHRC Forwarded Statement] BANGLADESH: Rights group sought Supreme Court's intervention to protect right to life and fair trial - 2009-09-02
BANGLADESH: Public Interest Litigation should be filed on extrajudicial killings by law enforcement agencies - 2009-08-28
BANGLADESH: Bangladesh should investigate in depth the Chittagong Hill Tracts problem to ensure a realistic, rights-based solution - 2009-08-10
BANGLADESH: Bangladesh should be careful about the Judiciary's independence - 2009-08-04
[AHRC Forwarded Article] BANGLADESH: International Day In Support Of Victims of Torture - Odhikar National And Local-Level Activities - 25 - 27 June 2009 - 2009-07-06
BANGLADESH: Bangladesh's Parliament urged to criminalise torture - 2009-06-23
[ALRC Statement] BANGLADESH: UPR outcome adopted, but impunity persists - 2009-06-15
[AHRC Forwarded Statement] BANGLADESH: Rights groups urged the government to probe human rights abuses and reform institutions - 2009-06-09

...read more



BANGLADESH: Police corruption allows the same girl to be kidnapped four times in one month; she remains missing - 2009-09-15
UPDATE (Bangladesh): An officer accused of torture keeps his post and is using it to intimidate victims and witnesses - 2009-09-03
BANGLADESH: Twelve men are detained and tortured by police under fabricated charges - 2009-05-29
BANGLADESH: Two men arbitrarily detained and tortured by police to elicit bribes - 2009-05-15
UPDATE (Bangladesh): Superior police patronise Paikgachha police to continue fabricating charges against detained human rights defenders - 2008-11-11
UPDATE (Bangladesh): Police demand more bribes from detained human rights defenders - 2008-11-07
UPDATE (Bangladesh): Two human rights defenders are at risk of torture in their police remand - 2008-11-05
UPDATE (Bangladesh): Absence of fair trial in alleged false charge against Mr. Akash - 2008-11-03
BANGLADESH: Investigating officer of a rape case is colleague of the accused - 2008-10-24
BANGLADESH: Death threat by police against a complainant in a corruption case - 2008-10-22

...read more



BANGLADESH: Torture victims have no faith in the judicial system - 2009-06-25
BANGLADESH: A Bill against torture is introduced in Bangladesh - 2009-02-19
BANGLADESH: A quandary for the prisoners - 2008-11-07
BANGLADESH: AHRC cautiously welcomes order on separation of judiciary - 2007-01-11
BANGLADESH: New petition urges end to political control of judges - 2006-11-15
BANGLADESH: AHRC launches Bangladesh human rights webpage - 2006-11-10
BANGLADESH: Killer, torturer list submitted to UN peacekeeping unit - 2006-08-24
[ALRC Press Release] BANGLADESH: UN inaction on Bangladesh "immoral", new report says - 2006-08-24
BANGLADESH: UN needs special envoy for Bangladesh, AHRC says - 2006-08-18
BANGLADESH: UN urged to bar Bangladesh from peacekeeping - 2006-08-17

...read more

 

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Documents in Bangla

Publications:

* AHRC HR report
* article2
* Human Rights Correspondence School



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[chottala.com] Extrajudicial killings go on unabated - New Age



 
Extrajudicial killings go on unabated - New Age
Shahiduzzaman
 

 
Ninety-seven people have so far been killed in 'crossfire' or 'encounter' by law enforcers since January 6, when the Awami League-led government assumed office, as such extrajudicial killing goes unabated with the government's deviation from its pledges to stop such practice.
   One thousand, one hundred and forty-two people have so far been killed in extrajudicial incidents since June 24, 2004, when the Rapid Action Battalion began its journey with killing people in the name of 'crossfire.'
   The police and other forces followed suit in extrajudicial killing after the Rapid Action Battalion.
   Of the 1,142 victims of extrajudicial killing, 149 were killed in 2004, 340 in 2005, 290 in 2006, 130 in 2007, 136 in 2008 and 97 in 2009. During immediate-past emergency regime which continued for about two years, 322 people were killed in such incidents.
   All the successive governments have argued such extrajudicial killing is inevitable to improve law and order.
   With such arguments put forth by successive governments, law enforcers have continued feeding into the media the similar story saying when the lawmen raid a place to arrest 'terrorists' or go to recover illegal arms along with the 'terrorist' detained, the terrorists' associates attack them, leading to an encounter after which the lawmen find the 'terrorist' dead.
   Different national and international quarters, including rights groups, have from the time when extrajudicial killing started taking place continued criticising such killing and demanding an end to such practice.
   Against such backdrop, the Awami League-led government assumed office on January 6 after a landslide victory in the December 2008 general elections on the wings of a number of pre-election pledges, which include an end to extrajudicial killing.
   The extrajudicial killing, however, still goes unabated with the government's gradual shift in position — from condemnation to justification — with regard to such killing.
   Inside a month of the assumption of office by the government, the foreign minister, Dipu Moni, told a review meeting of the Human Rights Council in Geneva on February 4 the AL-led administration would pursue a 'zero tolerance' policy in respect of extrajudicial killing.
   The LGRD and cooperatives minister, Syed Ashraful Islam, also the Awami League's general secretary, on May 6 affirmed that 'extrajudicial killing will no longer be allowed as a tool of the law enforcement agencies.'
   At around the same time, the then state minister for home affairs, Tanjim Ahmed Sohel Taj, however, first came up in defence of the law enforcers, saying they 'have the right to self-defence as per the constitution.'
   The home minister, Sahara Khatun, on May 16, endorsed her deputy's take on extrajudicial killing.
   The law minister, Shafique Ahmed, who earlier appeared to be against such killing, joined the group of apologists soon. On September 6, he said he 'was not witness to any such incidents [killing in crossfire]' nor was he 'aware of such [extrajudicial] killing'.
   The government's shift from condemnation to justification of extrajudicial killing marked a full circle when the prime minister, Sheikh Hasina, told a news conference in New York on September 27 that she was not for extrajudicial killing, but if a criminal would open fire, law enforcers could not sit idle.
   Her comments came at a time when the number of extrajudicial killing by law enforcers topped 30 in September alone.
   Exposing the government's unwillingness to end extrajudicial killing, the shipping minister, Shahjahan Khan, on Saturday said the government would need to continue with extrajudicial killing until terrorist activities and extortion was uprooted.
   'We need to understand the reality… There are incidents trial of which is not possible under laws of the land,' he said at the BBC's Bangladesh Sanglap at the Bangabandhu International Conference Centre, adding the government has no other option.
   Such arguments, put forward by all the successive governments in justifying extrajudicial killing, have always been criticised by different national and international quarters, including rights groups.
   According to them, it is the duty of the government and the law enforcers to protect the life of the citizens and to ensure their access to justice.
   If law and order deteriorates and the judicial system cannot ensure justice, it is a complete failure of the government in ensuring the establishment of the rule of law, they have argued.
   The government is trying to justify extrajudicial killing while it has not so far taken any initiative for the hearing and disposal of three rules issued by the High Court — two in 2006 and another in June — asking for the constitutionality of such killing.
   The government is yet to reply to a High Court ruling, issued on June 29 which asked it to explain why extrajudicial killing by law enforcers in the name of 'crossfire' or 'encounter' would not be declared illegal.
   The court issued the rule after hearing a public interest litigation writ petition filed by three rights organisations — Ain o Salish Kendra, Bangladesh Legal Aid and Services Trust and Karmajibi Nari — challenging the legality of the extrajudicial killing.
   The High Court first came up with a ruling on extrajudicial killing on May 25, 2006.
   In the ruling, the High Court bench of Justice M Awlad Ali and Justice Zinat Ara asked the government to explain why the reported killing of Tunda Ismail, who was in fetters in police custody, should not be properly investigated and why the perpetrators should not be brought to justice.
   Tunda Ismail, shown arrested in an arms case and remanded in police custody for interrogation, was killed in 'crossfire,' as claimed by the police, at Lalbagh on May 22, 2006.
   The High Court bench of Justice Syed Muhammad Dastagir Husain and Justice Mamnoon Rahman on August 6, 2006 issued a rule asking the government and the Rapid Action Battalion to explain why they should not be directed to ensure the security of the people detained in their custody.
   The court issued the order after hearing a public interest litigation writ petition filed by rights organisation Human Rights and Peace for Bangladesh, which sought the court's directive on the government and the battalion to save anyone detained from being killed in 'crossfire' or 'encounter.'
   Although the government had already replied to the August 6, 2006 rule, the case is yet to be disposed of, said the rights group's counsel Manzill Murshid.

 
 


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Re: [chottala.com] Dina Khan, Think Global, Act Locally !!!!!!!.



 
Ms. Dina Khan
 
In any process, social-political or natural world, if you
want a change the whole, you have to start from the
parts that makes the whole.
 
The bottom-up approach works much better than Top-down
approach ...
 
We need to clean our house first before we criticise others
for their dirts.
 
We should not try to hide our "garbages" on verious pretexts.
We can't justify our wrong doings, communalism, and evils
within us through innuendoes because some evil exists
somewhere else.
 
We can always think globally [whole], but we always have to
work locally  first in our own home turf.:
 
Bangladesh should set an example by creating a truly
non-communal society [justice of law for humanity & human
right to all people not being communal minded ,
in your language] where there is no second class citizen.
  ...
 
Syed Aslam
 
  
On 10/3/09, dina khan <dina30_khan@yahoo.com> wrote:

 Mr Syed Aslam ...

If you want real charity it needs to think as a whole.

 

It is better try to understand
What the actual reasons behind that for are happening such types of tragedy in India Bashkali & other places?
If you want real charity it needs to think as a whole.
It is also better to ask them & advise them who are thinking themselves as political leaders as political activists as media activists as human right activists as social workers as author & as news writers of news pagers & for media editors of news papers to be free minded honest thoughtful persons for thinking neutrally all people as human being one nation to write & to speak for all to establishing good administration under the system of lawful democracy at  justice of law for humanity & human right to all people not being communal minded  not creating communal feeling not creating classification among the people being selfish for earning something  .
--- On Wed, 30/9/09, Syed Aslam <Syed.Aslam3@gmail.com> wrote:
From:Syed Aslam <Syed.Aslam3@gmail.com>
Subject: Re: [chottala.com] Ms Dina Khan, Portraying Bashkali Tragedy as mere "Ddacoity" is still questionable !
To: chottala@yahoogroups.com
Received: Wednesday, 30 September, 2009, 8:08 PM

 
Portraying Bashkali Tragedy as mere "Ddacoity" is still questionable !
 
 
Ms Dina Khan  
 
You diverting from the issue under discussion [your business as usual]
The topic was the ramnants of communalism that exist even today in
various pockets of Bangladesh, where minorities "soft targets" .
The communalism in India or other countries are beyond the scope
of current discussion.
 
Your comment about Islam as a religion is well understood.
But, question is how come Bangladesh being a land of the Musulmans,
all kinds of criminal activities and law & order problems premeates the
country?
 
Islamic sounding rethorics and "superiority" of Islam do not prevent the
criminals to continue with their henious activities in our Bangladesh.. ...
 
You have been wrongly accusing Mr. Shymal Datta on issues in
India. The meeting under discussion was arrainged by DORP 
not by Mr. Shymal Datta. Many others including the Deputy Speaker
of Bangladesh Parliament, Mr. Shawkat Ali, emphasized that
proclaiming a particular religion as the State Religion undermines
other religions in the country
Mr. Shayamol Dutta mentioned that in 1947-division was  based
on communalism ....that communalism created divisions among the
people, the minorities (religious) have become aliens in their own land
......the ramnants of communalism still exist ....
 
The puputrators of the criminals behind Banshkhali Taagedy, the so-called
docoits, are not punished because of heavy handedness by some politically
connected people. To many reputed commentator "the reason put forward
for Banskhali  massacre as something related to dacoity is far from
convincing. "
According to the lone surviving member  of the victim-family Bimol Sheel,
the criminals are now roaming freely & openly ...
 
There should be no denying of the reality that although Bangladesh
is a "moderate muslim country" communalism in various pockets
in the country still exists where hindus are soft targets of the criminals.
 
Even Madam Khaleda Zia just yesterday in her speech at Sirajgong,
mentioned that
"the AL is frequently speaking about secularism "but the party men
are grabbing property, houses and lands of Hindu community and
unleashed repression on them."
 
This indicates that ramnants of communalism do exist accross party
lines in our country and Mr. Shymal Datta's and other speakers'
concerns at the DORP seminar are genuine.
 
For sure, the communal violences in India or any other country must
be condemned, but that should be done in a different thread, not
while discussing Banshkhali Tragedy or any other communal
incidents at home. No matter how small it is, communalism at
home can not justified by any  pretext, whatsoever. The
communal attitude of all sorts at home must be totally
abhorred and condemned, not condoned.
 
Just like charity, the total eradication of communal attitude
should also start at home. We should not try to put our "dirts"
under the rugs .....As a nation we must establish "Zero Tolerance"
on all sorts of communalism: hidden or open.
 
PS: Bringing Norendra Modi and Guzrat riots & communal trends in India
while discussing the conference arranged by DORP is out and out an
outcome of communal attitude.. Mr. Shymal Datta may be right,
Mr. Shymal Datta may be wrong ... but neither himself nor the Hindus
in Bangladesh bear any responsibility for communal violences in
India [East Punjab Kashmir Gujrat Assam etc].
 
 
Syed Aslam
 
 
 
On 9/28/09, dina khan <dina30_khan@ yahoo.com> wrote:
Dear Mr Aslam,
 
Islam does not create communal feeling. Islam does not create any feeling to hate any body. Islam does not create any classification among the people as upper class or as lower class people. Islam is for justice of humanity & human right considering all human being as one human nation under the umbrella of loving peaceful family. Islam teaches the people to build successful personal life for loving married couple for building happy loving peaceful family which can help for building secure society for peaceful  nation & peaceful world.  Islam is religion for loving people for helping people not for burning people or not looting other's property not for doing any injustice to any body.
 
Bangladeshi lower class Hindus (Upper Class gone India) are not insecure in Bangladesh. Causes Bangladeshi Muslims are not communal minded at all. Causes Islam does not allow it. But Indian upper class Hindus are very sensitive minded & communal. Indian Muslims along other minority community & lower class Hindus are not secure in India
When Bangladeshi (lower) Hindus raise any question against the Muslim community in Bangladesh they should remember that they are better secured in Bangladesh than Indian Muslims & lower class Hindus. They should ask the Indian Government administration for taking lawful legal action against the communal activities done by upper class Hindu activists against the minority people in India & unlawfully killing & burning Muslims people in Kashmir Gujarat Assam & other places in India. Indian politician's policy is mainly responsible for. Creating riot & killing people in India & later Bangladesh.
Mr. Shymal Datta as an editor of Bhorer Khagag neutrally can write in the editorial Coolum for establishing humanity & human right in India considering the people as human nation not considering the people as minority or lower or upper caste people.
The reason of all problems is that there is no lawful good administration  at any where in Bangladesh India & Pakistan to establishing justice for humanity & human right under the system of lawful democracy. 
At some part of India such as East Punjab Kashmir Gujrat Assam & other places are being ruled by army controlled & army helped administration under system of so called democracy... In Pakistan it is seen that there all administrations are under Army control.
In Bangladesh it is better known to you than me, so 
How can you hope punishment to any Dacoit?
After 1/11
How many dacoits & chandabaj were arrested? Did you not read the news during the CTG Administration in Bangladesh
Are they not released with out punishment?  
Is it called lawful Administration or Justice of Democracy in Bangladesh?
Did you not read the speech of Mr. Jalil the EX GS & present Advisor of BAL?
Can you tell that Bangladesh is being ruled under lawful administration for establishing justice for humanity & human right?
What situations in India & Pakistan are?
Are the media people in Bangladesh or in India or in Pakistan writing or speaking any against inhuman activities without being communal to establishing humanity & human right for justice of law or for lawful democracy?
To solve of all problems
i)                     People specially the political leaders & the administrators in administrations are needed to be quality educated persons in learning to know what the real problems of the people & to learn how can be solved their problems by establishing lawful justice under lawful Administration for justice & do  
ii)                   Media people can be honest sincere in circulating correct news without creating any problem news by creating false news or by creating communal feeling & situations.
iii)                  The lawful system of lawful democracy can create lawful honest politicians & lawful media
iv)                  The lawful politicians can establish lawful administration for ruling the country in lawfully in doing trial against all criminal activities to establish social justice.
v)                    It needs for the leaders of the country to think positively for creating educated quality people nation wide quality education are needed to provide to all category people at least minimum standard for educating them as quality understanding persons for building quality nation.
The administration leaded by dacoit administrators under the dacoit politicians can never be done lawful trial against any dacoit for justice & quality educated people not also be created.
  --- On Fri, 25/9/09, Syed Aslam <Syed.Aslam3@ gmail.com> wrote:
From: Syed Aslam <Syed.Aslam3@ gmail.com>
Subject: Re: [chottala.com] Attention Ms Dina Khan, if Bashkali Tragedy was dacoity, why the criminals are not punished yet ?
To: chottala@yahoogroup s.com
Received: Friday, 25 September, 2009, 8:50 AM

 
If  Bashkali Tragedy was dacoity, why the criminals are not punished yet ?
Is there a cover-up by some powerful people?
 
WRT:
 
Ms Dina Khan
 
What are you talking about .......?
 
Do you still have questions in your mind that Hindus in
Bangladesh are a minority religious group?
 
Is not Islam a distinctly different religion than that of
Hinduism?
 
Have a reality check ....
 
Today's Bangladesh has a constitutionally declared
State Religion which is Islam...As such, the Hindus may be
deemed as second class citizens, according to many ...
Just because there is no seperate electorate for the Hindus
and the Muslims both in India and in Bangladesh does not
mean that communalism and persecution of religious
minorities is totally absent.
 
The communalism thrieves on social backwardness, fanaticism,
and narrow vested secterian interest, sometimes political
interest.
 
Please read the news item on the seminar organized
by DORP again:
before you continue to give further twist on the issue under discussion.
 
My point was "Mr. Siraj uddowllah brought Gujrat Incident out of context
which definitely had a communal undertone.
 
On the Bashkhali Tragedy your mentor Mr. Siraj uddowllah has every
right to pass his opinion & present his points of views "as a human right activist"
However, the seminar in question presented a different perspective.
It was organized by Developmental Organization of the Rural Poor [DORP].
The Deputy Speaker of Bangladesh Parliament, Mr. Shawkat Ali,
emphasized that proclaiming a particular religion as the State Religion
undermines other religions in the country.
 
According to the news item, Mr. Shayamol Dutta was only a key note speaker,
who mentioned that in 1947-division was  based on communalism ....that
communalism created divisions among the people, the minorities (religious)
have become aliens in their own land ......the ramnants of communalism still
exist ....
 
The other speakers also expressed their concerns on the disturbance
of communal harmony in our country.
 
 As we all know, the culprits of the Bashkhali killings has not
yet been punished. According to the lone surviving member  of the
victim-family Bimol Sheel, the criminals are now roaming freely ...
 
Is there a cover-up attempt to hide the crime? Why?
 
If  Bashkali Tragedy was a dacoity case, why the criminals are not
punished yet ? Is  there some "powerful people"  behind the docoity?
Should not these criminals be given examplary punishment for
burning 11 people to death? Six years have already passed.....
 
I still wonder why Mr. Shayamol Dutta is being singled out by yourself
[Ms Dina Khan] and  Mr. Siraj uddowllah for arranging the conference,
although the conference was arranged by an organization called Developmental
Organization of the Rural Poor [DORP].
 
Again, Ms Dina Khan you are  saying:
"Mr Aslam  Are you acting for cmmunal Raw? "
Can you explain you statement and tell us how do relate
your hypothesis with the issue under discussion.
Is that the only "LOGIC" you have?
 
Syed Aslam
 
On 9/24/09, dina khan <dina30_khan@ yahoo.com> wrote:
Attention Mr. Syed Aslam
You are forgetting the root of the point.
Why the Hindus are being called the minority people in Bangladesh??
Is not Bangladesh a country of secular democracy?
 Are the Hindus in Bangladesh casting their votes separately as minority people?
& Have they separate administration in Bangladesh as minority??
Why the Muslims in India are being called the minority people in India?
Is not India a democratic Secular country??
Are the Muslims in India casting their votes separately as minority people? & Have they separate administration In India as Muslims are minority people??
Answer is. < NO>
 
Why did Mr. Symol Dutta being an editor of a news paper & others being as human right activists call a round table conference in the name of minority community insecure in Bangladesh? 
Are they not creating communal feeling & communal situation by holding such of talking & meeting or conference ?   
It was better for ( them ) the editors of news (NEWS means News of north east west south) papers & for the so called human right activists to think for dicussing as a whole  what are the reasons what are the back ground behind that for happening such type accidents at any where in Bangladesh & at other part of the world including India.
But they had done it as communal activists not as an editor or as human right activists
Mr. Dowlla has passed his opinion as a human right activist not creating communal feeling.
 Mr Aslam
Are you acting for cmmunal Raw?
 
-- On Thu, 24/9/09, Syed Aslam <Syed.Aslam3@ gmail.com> wrote:
From: Syed Aslam <Syed.Aslam3@ gmail.com>
Subject: Re: [chottala.com] A family of Hindus in Bashkali were the victims of dacoity and not a reparcation of Guzrat incidents.
To: chottala@yahoogroup s.com

Received: Thursday, 24 September, 2009, 1:31 AM

 
 
Dear All
 
Mr. Siraj uddowllah brought Gujrat Incident out of context in his original
blamed Mr. Shayamol Dutta for not arranging a conference on Guzrat
when there was a massacre of Muslims.
 
Mr. Siraj uddowlah went further to request the Bhorer Kagoj
owner Mr. Saber H. Chowdhuri to take action this one eyed
 hindu editor   . {anything personal ????? ]
 
Now, Mr. uddowllah is changing his stance.....: ::
He mentions that Bashkhali horror was  a case of docoity.
 
The tragic Bashkhali incident could be very well be the acts
of some miscreants who are docoits..... .
Mr. uddowllah should have mentioned that in the first place instead
of bringing Norendra Modi and Guzrat riots while discussing the
conference arranged by DORP.
 
Now, in his present post Mr. Siraj uddowllah says " A family of Hindus in
Bashkali were the victims of dacoity and not a reparcation of
Guzrat incidents."
 
Many people have indicated the incident as communal matter, which
may be  debatable, but I have not seen anyone calling the Bashkhali
tragedy a "reparcation of Guzrat incident ".
 
Can Mr. Siraj uddowllah point out where did someone has called the
Bashkhali Tragedy as the repurcation of Guzrat incident?
As far as I have seen Mr. Siraj uddowllah is the only person who brought
Guzrat massacre while talking about Bashkhali incident ...
 
I only objected to his bringing up the  issue of Gujrat Riots while
discussing an tragic incident at home. Mr. Siraj uddowllah's accusation
in chottala message # 10390  is misleading and totally unfounded.
There is no mix up in my position.... we should not just bring incidents
in India or any other country, out of context explicitly or implicitly, while
discussing a tragic incident in Bangladesh.
 
 
Mr. Siraj uddowllah is at liberty to discuss & condemn
Norendro Modi's crimes and Massacre of Muslims in a different
thread .... But, blaming Mr. Shayamol Dutta for not holding a
conference on Gujrat riot has definitely given his post a vivid
communal.undertone  ....... there  is an attitude problem that
thrieves on innuendoes .... 
 
There is no denying of the fact that there are many "pockets" in
Bangladesh where minorities, including the Hindus are soft targets
of the criminals, docoits and the land grabbers ......
 
Thanks for everyone's patience.
 
Syed Aslam
On 9/17/09, siraj uddowllah <siraj_58@hotmail. com> wrote:
Dear chottala readers,

 I also wonder why Mr. Syed Aslam is trying to mix up the case of dacoity incidents with that of communal riots of Guzrat and twisting up the issue towards the communal side. There is no doubt the Bashkali incident was really an inhuman tragedy caused by some dacoits unluckily it was with the Hindu family which may be with the Muslim family also to loot money, ornaments and many other valuable articles according to their suitability and opportunity,  and if given any obstacles the nature of these inhuman dacoits to kill them also. There is no resemblance of this dacoity case and also not any reparcation of the communal incidents caused by the fanatic Hindus instigated by a so called well known top political leader of Guzrat happened to be a chief Minister of that particular area named Norendra Singh Modi doing all sorts of rampage, mass killing, looting the Muslim shop intentionally and causing killing of about hundreds or more Muslims by burning them alive mentioning to teach the Muslims how to burn according to the way of Hindu rituals. Not only that those notorious fanatic people tearing and burning our Holy Quran which we used to touch with respect

The dacoits of Bashkali incidents if recognized and caught would definitely be punished by hanging them by our court of justice for committing such a heinous crime like killing some people of an innocent family even not required to arrange a round table conference also. Mr. Aslam has shown so many links and documents of  some commission made by the Indian high court but what happened for those known culprit especially for Norendra Singh Modi who was the root of all these incidents. He is freely moving in the common public place without any punishment given to him by the Indian high court yet. Because of his misdeeds he did in Guzrat he was refused to give any visa to U.S.A. even.  

Yes I quite agree what Mr. Syed Aslam says people of Bangladesh have every rights to discuss the issues of communal harmony at home, especially towards the minorities if they feel insecure and threatened due to sporadic incidents of intentional communal disharmony. The minorities should have enough assurance and guarantee that such incidents would not be repeated elsewhere in the country. But here in this case of dacoity why to get the smell of communal disharmony as our country not like that of India is well known  as an internationally recognised moderate Muslim country. Actually how much it is wise to mix up the dacoity incidents with the communal case of Guzrat. Can anybody suggest how to stop the dacoity case if it happened again and again suddenly in any place at any time. Is there any benefit of arranging such a round table conference by giving it a shape of a communal case as this was tried by the Editor of Bhorer Kagoz. Because this was not the case of communal disharmony and intolerance towards religious minorities.

Dowllah. 

The following posting by Syed Aslam on 16.9.2009: 
Hindus in Bangladesh do not bear any responsibility for the Gujrat riots......
Why blame them ?
 
 
 
Dear All
 
Like charity communal harmony should also  begin at home:
 
People of Bangladesh have rights to discuss the issues of communal
harmony at home, especially the minorities if they feel insecure and
threatened due to sporadic incidents. The minorities should have
enough assurance and gurranttee that such incidents would not be
repeated elsehere in the country.
 
Hindus in Bangladesh do not bear any responsibility
for the Gujrat riots and should not be blamed as such. The Gujrat riot
has been brought out of context while discussing Bashkhali tragedy.
And BTW, Development Orgnasination of the Rural Poor (DORP),
a non-government organization, arranged the seminar titled 'National
Seminar on Social Harmony and Rights- Banshkhali Tragedy' at
the National Press Club. 
 
Blaming Bangladeshi hindus in general or  Bhorer Kagoj editor
Mr. Shayamal  Dutta in particular, for not "arranging a round table
conference"  for incidents elsewhere [Gujrat riot] is essentially 
exhibits religious prejudice & intolerance through hidden aspersions
and innuendoes, and may lean towards communal provocation at
it's worst.
 
I wonder why Mr. Dowllah is mixing up issues?
 
The People of Bangladesh has maintained a very high degree of
communal harmony and tolerance towards religious minorities,
in general.  However, there are small pockets where  incidents of
violences against hindus (or other minorities) has occured
instgated by a narrow coterie of vested interest.
 
The Bashkhali incident  was one such tragedy.
Our nation should not condone any of such incidents under any
pretext whatsoever. Also, we should not put our dirts under the
rugs ..... We should maintain a  zero tolerance policy on all
sort of sectarianism and communalism in our country.
All sorts of communal violence and attrocities should be
exposed, condemned & punished.
 
Communal violences & attrocities in Gujrat on anywhere
in India or China can not justiy the same in Bangladesh.
FYI, Norendra Modi and his BJP cum Sangha Paribar &
Bojrong Dol  goons have been condenmed by the sane
voices in India and all over the world.
 
Norendra Modi has been barred fron entering USA several times
for his role in Gujrat  riots. Various Human Rights organisations in
India and USA have not only condemned but fighting for justice &
punishment of the real purputrators of 2002 Gujrat massacre of the
Muslims. The Human Rights organisations also played a  major role
in revoking Norendra Modi's US visa in 2008 and in his previous
attempt to visit USA.
 
Relared:
Special courts for Gujarat riots - BBC News:
'Gujarat riots had State support':
 

Syed Aslam
FW: [chottala.com] ˜State religion undermines others: Deputy speaker

Dear all chottala readers,

Mr. Shayamal Dutta editor of "Dainik Bhorer Kagoz" arranged a rounnd table conference regarding Bashkali incidents but why he did not arrange such type of conferences when thousands of Muslims were massacred and burned alive in Guzrat by a fanatic hindu chief Minister Norendra Singh Modi. The Bashkali hindu families were human being and Guzrat Muslims were not human? Mr. Shaymal Dutta is taking the full advantage of his being a hindu editor of a newspaper like "Bhorer Kagoz" to arrange such a conference about incidents of a hindu family in Bashkali. Being a responsible editor of a renowned newspaper like Bhorer Kagoz he should be above all sorts of religious prejudice. Mr. Saber Hossain Chowdhury owner of "Bhorer Kagoz" is requested to take action against this one eyed editor of highly reputed newspaper, being involved in trying to create a communal feeling of a peace loving peoples of secular Bangladesh

 
Dowllah.  

 
 

.
 
.




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