"OPERATION CLEAN HEART"
Off let if anyone goes through the pages of the national dailies, one can not help but see a host of articles are being written in favor and against the "operation Clean Heart" and the indemnity that has been given by the present Govt. Against this constitutional act most vocal is the main opposition party Awami League. Sheikh Hasina the leader of the opposition in the Parliament is more venominous then the party itself. Some known intellectuals of Awami Gharana have joined the fray. As a conscious citizen and a freedom fighter I was forced me to write this article with a hope that even to some extant this article of mine will help my fellow countrymen to see through the cob wave that is being created around this issue by the vested interested quarters to seek truth from the facts.
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INDEMNITY
It is not Bangladesh which has introduced this practice for the first time in the history of mankind. Such indemnity is usually given to some special actions that are executed and to the persons associated with for the greater interest of the people and the country. Through such indemnity all such actions and the persons are protected from being tried in any court of law.
In today's world so called civilized countries of the West who are trying by hook or crook to be the champion and the custodian of the human rights, democracy etc are the ones who introduced such indemnities in the history of human civilization. Not only that, it is again those countries who had by law kept their armed forces out of the jurisdiction of the civil laws.
The moral justification of providing such indemnity has always been greater national interest and the interest of the people. Such as:- removal of fascist-tyrannical governments, ruthless dictatorship. For establishment of democracy, freedom of speech and civil society etc etc. In this context let's now turn to Bangladesh.
In Bangladesh it was Sheikh Mujibur Rahman and his government that introduced the indemnity for the first time. In 1972 through an ordinance he indemnified all activities related to the war of independence and all those who were associated with it. This ordinance later was passed as a law in the parliament with more than two third majorities thus the law became a part of the constitution. The reason to do so was again the greater interest of the country and the people. This law justified the struggle of the people of the then East Pakistan against the military dictatorship, injustice, tyranny and oppression.
Regarding this indemnity Mr. Abdul Jalil, the General Secretary of Awami League confirmed saying, "Awami League government had issues an indemnity covering the period from16th December 1971 to 28th February 1972.(Daily Jugantar 13.3.2003).Sheikh Hasina the leader of the opposition has also accepted this fact in the house on 11th March 2003 while refuting the statement of the Prime Minister.(Daily Jugantar & other dailies of 13th March2003).
The second indemnity ordinance was issued by the President Khandakar Mushtaq Ahmed after the popular military uprising of the 15th August 1975. After the historic change of the government martial law was promulgated in the country temporarily hence President Mushtaq Ahmed had to issue an ordinance to indemnify all actions that had taken place during the uprising and the persons who were associated with. The reason for this indemnity was similar to the first one i.e. greater interest of the country and the people. The uprising of the 15th August was organized against the one party tyrannical rule of BKSAL, to free the masses from the suffocation of inhuman torture and misrule and to re-establish human rights, democracy and rule of law.
In the flow of events on the 3ed November 1975 a vicious coterie within the armed forces under the leadership of Brigadier Khaled Musharraf staged a reactionary coup de'ta. General Ziaur Rahman who was appointed the chief of army staff after the historic change of the government on 15th August was taken into custody. The sole aim of the putsch was to take the whole nation back to pre 15th August situation and to reinstall BKSAL regime in power. But the nefarious conspiracy could only last for three days. On the 7th November the glorious revolution of the Sipahi-Janata crushed the conspiracy and most of the conspirators along with the leaders got killed at the wrath of the soldiers and the people. The Sipahi-Janata Biplob of 7th november was again spear headed and organized by the same patriots imbued with the same spirit of 15th August. Therefore, quite rationally the time and space of the indemnity ordinance of President Khandakar Mushtaq Ahmed had to be extended from 15th August to 7th November and a revised indemnity bill was passed in the parliament in 1979 by more than two third majorities. Thus the indemnity ordinance became a legitimate law and formed a part of the constitution through 5th amendment. This momentous law was made by the then BNP government under the leadership of Shaheed President Ziaur Rahman.
In the year 2001 BNP led JOTE swept the general election and formed the government with more than two third majorities. Being unable to cope up with the over all anarchic situation that they inherited due to the misrule of the last Awami League government with the civil administration and the crumbling law enforcing agencies, the new government legally called upon the patriotic armed forces in aid of civil power to tackle the unmanageable law and order situation to fulfill their election commitment. The armed forces responded for the greater interest of the nation and launched the "Operation Clean Heart" Due to this momentous decision of the government the law and order situation drastically improved all over the country within a very short period of time. The people got a sigh of relief and welcomed the "operation Clean Heart".
In this context the present government has passed the third indemnity bill in the house by more than two third majorities thus this indemnity like the previous two has also become a law and part of the constitution. The justification is again the greater interest of the nation and the people.
Though people at large have no grievances about this indemnity but mischievously the Awami League and its cohorts have become the villains to condemn the second and the third indemnity maintaining a mysterious silence about the first one which was made a law by Sheikh Mujibur Rahman's government. They are now all out with unreasonable and baseless propagandas to undermine the present government. This is not the end of the story.
In 1996 after coming to power the Awami League government under Sheikh Hasina's leadership audaciously repealed the second indemnity law concerning 15th August and 7th November revolutions and initiated two trials named so called 'Mujib killing' and 'Jail killing'. This is nothing but a naked violation of the constitution. When this unlawful act of the Awami League government was challenged in the court, the government managed through a few handpicked pro Awami Leauge lawyers an astounding opinion that said, "the indemnity law of the 5th amendment is a 'Black Law' so the decision of the government to repeal it even without two third majorities is in order." There after court refused any hearing on this opinion. Such conduct is a manifestation of reckless irresponsibility by any standard. Constitutionally the court can give an interpretation of any law if necessary. But such mechanization through the lawyers to say that annulment of any law or any change of constitution by the government without two third majorities to be correct is not only blatant negation of the constitution but also flouting all moralities and principles on which laws stand.
May it be under pressure from the government, fear of persecution or any personal benefits, those lawyers who could shun their morality and professional ethics and cared less to stain the esteemed judiciary as the stooges of the government will all find themselves in the dust bin of the history as immoral and conscious less law breakers. The people of the land will also not forgive them.
Barrister Moudud Ahmed the Law & Parliamentary Affairs at a press conference yesterday at the ministry said, "the joint operation was the need of the hour. To protect the human rights of 14 crores of people violation of human rights of few individuals had to be accepted by the government as personal sacrifices. This indemnity law had to be passed to protect the honor of the armed forces. Regarding the indemnity he further said that Rakkhi Bahini started their operations from the 1st February1972 but the law was made on the 8th March 1972. This Bahini killed 40 thousand people but there could not be any trial of even a single such murder because of the reason that the act was amended and passed in the parliament on 6th May 1974 as article 16 which became a part of the constitution indemnifying all their actions. So after giving indemnity to the Rakkhi Bahini Awami League does not have any right to criticize the present indemnity law. (Daily Jugantar13.3.03).
A solid argument indeed!!
In view of this argument, one can strongly say that in 1996 after coming to power Awami League government with single majority had no right to annul the indemnity act which also had become the part of the constitution regarding 15th August and 7th November revolutionary uprisings and to initiate the farcical trials 'Mujib Killing'and 'Jail Killing'.
On the basis of the same argument again the people have a question to ask:-
"Mr. Moudud Ahmed, the honorable Law Minister would you be kind enough to say, what right the present government has to keep the national heroes of 15th August and 7Th November in the death cells behind the bars????????????"
For the convenience of the readers and your good self some facts regarding the indemnity of 1975 are quoted bellow:-
On 4th April 197 9 Mr.Mirza Golam Hafiz, the then honorable Speaker of the House himself raised a condolence bill on Sheikh Mujib. In the last line of Mujib's life sketch he said, "He died on the 15th August 1975 during the process of a political change."(Preserved documents on the house proceedings).
This is a fact. Sheik Mujib's demise was no ordinary murder. He died during an uprising organized to bring a political change in the country. At the same session Mr. Shah Azizur Rahman, the then Prime Minister very clearly brought forward the political aspect of Sheikh Mujib's down fall. He said, "On 25th January 1975 by passing a draconian law and suffocating the entire nation of 8 crores of people with the imposition of one party rule BKSAL was a constitutional coup de'ta. Against that autocratic coup the revolutionary uprising of the 15th August was organized."(Preserved documents on the house proceedings). Later in the same session the indemnity bill was passed with 241 votes in favor and thus became the part of the constitution as 5th amendment.
It is people's expectation that the present government should formulate such irrevocable laws regarding the indemnities so that no one in future dares to flout the constitution again. At the same time the government should immediately declare that the way the past Awami League government had annulled the second indemnity act and had planed to kill the leaders of the 15th August and 7th November revolutions who are all valiant freedom fighters with distinctions, ex-members of the patriotic armed forces by mockery of trials is unconstitutional and a heinous crime.
This is ironic to watch that those heroes are still languishing in the death cells when present government is in power! To dispel all misgivings in the mind of the people the present government under the leadership of Khaleda Zia must free them all with out any further delay and also pave the way for those to return from exile. By doing so, the Jote Sharkar must prove it to the people that they are determined to uphold the sanctity of the constitution.
It is now high time to realize the fact, that no one should be given any chance to undermine our national pride; that is the patriotic armed forces because, they are the time tested last resort to safeguard our national identity, independence, sovereignty and stability.
To save the country from the multi prong conspiracies, other than the parties the Jote Sharkar of Madam Prime Minister needs to master the confidence and support of the patriotic armed forces and all the nationalist forces of the country. There is no other way to salvage the nation at this critical juncture. Clarity of thought and honesty can only give courage to meet this need of the hour.
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