Qamrul Islam written discharge application, part 2
This is the second part of the written discharge application that concerns Qamrul Islam’s views on the historical background and how the prosecution has politicised history
HISTORICAL BACKGROUND-FORMAL CHARGE CONTAINS FAULTY AND DISTORTED VERSION OF HISTORY
8. The Formal Charge that submitted by the prosecution contains faulty and distorted version of the history and lacks complete factual background of the case which are given as follows:
Historic struggle for national liberation:
8.1 Atrocious and dreadful crimes were committed by the Pakistani army and their local collaborators (namely, Jamaat-e-Islami and a few other groups) during the nine-month-long war of liberation in 1971, which resulted in the birth of Bangladesh, an independent state and the motherland of the Bengali nation. Some three million people were killed, nearly quarter million women were raped and over 10 million people were forced to take refuge in India to escape brutal persecution at home, during the nine-month battle and struggle of Bengali nation. The perpetrators of the crimes could not be brought to book, and this left a deep scratch on the country’s political awareness and the whole nation. The impunity they enjoyed held back political stability, saw the rise of militancy, and destroyed the nation’s Constitution.
8.2 The history of self-determination in contemporary Bangladesh had begun long before 1947. It was not merely a Pakistani colonial phenomenon. The Bengal Renaissance of the eighteenth and nineteenth century ignited the Bengali nationalistic movement against the British colonial occupation (1757-1947) in the Indian Subcontinent. The nationalistic movement also transformed into prolonged armed struggle in various forms. At the beginning of the twentieth century, before World War I, the Swadeshi Movement resisted the religion-based partition of Bengal (known as Bangabhanga; 1905), which meant to subjugate anti-colonial movements, and achieved the reunification of Bengal in 1911. Rash Bihari Bose (25 May 1886 – 21 January 1945) and Subhash Chandra Bose (23 January 1897 – 18 August 1945) employed strategic and tactical courses against the British manoeuvring World War I and II, respectively. Subhash Chandra Bose aimed to establish an ‘Indian Federal Republic’ ‘with the proper amount of decentralization of power and enough responsibility for provincial governments.’ After World War II, following a two-nation-theory, while the process of independence of India and formation of Pakistan were still in a huddle in 1947, Sarat Chandra Bose (6 September 1889 – 20 February 1950), Huseyn Shaheed Suhrawardy (8 September 1892 – 5 December 1963), Abul Hashim (25 January 1905 – 5 October 1974) and some other politicians representing different sections demanded the establishment of ‘United Sovereign Bengal’ which was opposed by some leaders of the Indian National Congress (INC) together with Muslim and Hindu right-wing political parties i.e., Muslim League and Hindu Mahasabha divided India and resisted the establishment of ‘United Sovereign Bengal.’ [Source: Mukta, Ziaul Hoque (February 2025): Serajul Alam Khan. Anarjo Publication Ltd. Dhaka].
8.3 The formation of Pakistan in 1947, based on two-nation theory, is not the basis of the independence of Bangladesh. It temporarily postponed the Bengalis’ political aspiration for self-determination. However, within a short period, Bengalis of East Bengal (officially East Pakistan) started to negate the historical incident of 1947. 1947 failed to vanquish the aspiration of self-determination of the Bengalis. Colonial rulers of Pakistan with Islamic camouflage, evading the demands of intellectuals, including Pakistan-minded ones since 1943, showed their teeth in 1948. Within less than six months of the emergence of Pakistan, they took a stand against Bengali. Muhammad Ali Jinnah (25 December 1876 – 11 September 1948), known as the founder of Pakistan, declared on 24 March 1948, “Make no mistake about it. There can be only one state language, if the component parts of this state are to march forward in unison, and that language, in my opinion, can only be Urdu.” Following the issue of state language and language movement (1948 – 1952), additional issues emerged in the eastern part of Bengal (i.e., the so-called East Pakistan) around autonomy (1954), democracy (1958), education (1962) and self-determination (1966). [Source: Mukta, Ziaul Hoque (February 2025): Serajul Alam Khan. Anarjo Publication Ltd. Dhaka].
8.4 Ever since the creation of Pakistan, the Pakistan Government adopted discriminatory policies backed by its bureaucracy and Army to rule over the people of East Pakistan that caused great disparity in every field including, education, welfare, health, armed services, civil bureaucracy, economic and social developments. Consequently, the people of East Pakistan started rethinking their own emancipation and started a political movement for getting provincial autonomy for East Bengal/East Pakistan.
8.5 East Pakistan Awami League under the leadership of Bangabandhu Sheikh Mujibur Rahman led these relentless political movements for democracy, autonomy, self-determination and national Young Md. Qamrul Islam, as a leader of the student wing (East Pakistan Chatra League) of Awami league, actively took part with the Bangabandhu-led movement for national independence.
8.6 The history goes on to portray that in the general election of 1970, the Awami League under the leadership of Bangabandhu Sheikh Mujibur Rahman became the majority party of Pakistan. But defying the democratic norms Pakistan Government did not care to respect this overwhelming majority. As a result, movement started in the territory of this part of Pakistan and Bangabandhu Sheikh Mujibur Rahman in his historic speech of 7th March, 1971, called on the Bengali nation to struggle for independence if people’s verdict is not respected. In the early hour of 26th March, following the onslaught of “Operation Search Light” by the Pakistani Military on 25th March, Bangabandhu declared Bangladesh independent immediately before he was arrested by the Pakistani authorities.
8.7 A well-known researcher on genocide, R.J. Rummel, in his book ‘Statistics of Democide: Genocide and Mass Murder Since 1900’, narrated the plans of the Pakistani Junta in the following manner:
“In East Pakistan [General Agha Mohammed Yahya Khan and his top generals] also planned to murder its Bengali intellectual, cultural, and political elite. They also planned to indiscriminately murder hundreds of thousands of its Hindus and drive the rest into India. And they planned to destroy its economic base to insure that it would be subordinate to West Pakistan for at least a generation to come.”
8.8 The massacres started with planned and organized atrocity called “Operation Searchlight,” which was designed to disarm and liquidate Bengali policemen, soldiers and military officers, to arrest and kill nationalist Bengali politicians, soldiers and military officers, to arrest and kill and round up professionals, intellectuals, and students (Siddiq 1997 and Safiullah 1989).
8.9 In the War of Liberation that ensued, all people of East Pakistan unreservedly supported and participated in the call to free Bangladesh but a small number of Bangalees, Biharis, other pro-Pakistanis, as well as members of a number of different religion-based political parties, particularly Jamaat E Islami (JEI) and its student wing Islami Chatra Sangha (ICS) joined and/or collaborated with the Pakistan occupation army to aggressively resist the conception of independent Bangladesh and most of them committed and facilitated the commission of appalling atrocities in violation of customary international law in the territory of Bangladesh. It also experienced unprecedented devastation of properties all over Bangladesh.
8.10 The Pakistan government and the military in collaboration with the Pro-Pakistan right wing Islamic Political Parties, like – Jamat-e-Islam, Nezam-e-Islam, Muslim League etc. formed number of auxiliary forces such as the Razakars, the Al-Badar, the Al-Shams, the Peace Committee etc, essentially to act as a team with the Pakistani occupation army in identifying and eliminating all those who were perceived to be pro-liberation, individuals belonging to minority religious groups especially the Hindus, political groups belonging to Awami League and Bangalee intellectuals and unarmed civilian population of Bangladesh. The student wing of Jamat-e-Islami, Islami Chatro Sangha was totally converted into a killer force, and became the driving power behind notorious Al-Badar Bahini, which participated in the killing of intellectuals of Bangladesh. The consequence of this concerted attack was published in a report titled ‘A Country Full of Corpses’ published in SUMMA Magazine, Caracas, October 1971 [Source: Bangladesh Documents- Volume II, page 76] where it was stated that –
“The extermination of the Jewish people by the Nazi regime, the atomic crime of Hiroshima and Nagasaki, the massacre of Biafra, the napalm of Vietnam, all the great genocides of humanity have found a new equivalent: East Pakistan. Despite the world press having supplied a clear exposition of facts, the people do not appear to have raised that at this moment—and again in Asia—millions and millions of human beings face destruction of their life and motherland. A pathetic view of the tragedy is given to us by the fact that in a single night in the city of Dacca were killed 50,000 persons by the invading army. Between 26 March—the date of invasion—and this moment, the dead reach more than a million, and every day 30,000 persons leave East Pakistan and take refuge in Indian territory.”
Women were tortured, raped and killed. With the help of its local collaborators, the Pakistan military kept numerous Bengali women as sex slaves inside their camps and cantonments. Susan Brownmiller, who conducted a detailed study, has estimated the number of raped women at over 400,000. [Source: http://bangladeshwatchdog1.wordpress.com/razakars/] .
8.11 The road to freedom for the people of Bangladesh was arduous and torturous, smeared with blood, toil and sacrifices. In contemporary world history, perhaps no nation paid as dearly as the Bangalees did for their emancipation. Atrocious and dreadful crimes were committed by the Pakistani army and their local collaborators (namely, Jamaat-e-Islami and a few other groups) during the nine-month-long war of liberation in 1971, which resulted in the birth of Bangladesh, an independent state and the motherland of the Bengali nation. Some three million people were killed, nearly quarter million women were raped and over 10 million people were forced to take refuge in India to escape brutal persecution at home, during the nine-month battle and struggle of Bangalee nation. The perpetrators of the crimes could not be brought to book, and this left a deep scratch on the country’s political awareness and the whole nation. The impunity they enjoyed held back political stability, saw the rise of militancy, and destroyed the nation’s Constitution.
8.12 Pursuant to Bangabandhu’s Declaration of Independence, a provisional government-in-exile was formed on April 17, 1971 in Mujibnagar with Bangabandhu as the President of Bangladesh. In his absence, Syed Nazrul Islam was the Acting President and Tajuddin Ahmed was the Prime Minister who coordinated the operations to expel the occupying Pakistani forces and to liberate Bangladesh. After the bloodstenched Liberation War of 9 months, on December 16, 1971 the Pakistan Army surrendered and an independent Bangladesh was born.
8.13 The Instrument of Surrender signed at Dhaka on 16 December 1971 reads:
“The PAKISTAN Eastern Command agree to surrender all PAKISTAN Armed Forces in BANGLA DESH to Lieutenant-General JAGJIT SINGH AURORA, General Officer Commanding in Chief of the Indian and BANGLA DESH forces in the Eastern Theatre. This surrender includes all PAKISTAN land, air and naval forces as also all para-military forces and civil armed forces.”
These “all para-military and civil armed forces” include the Razakars, the Al-Badars, the Al-Shams, the Peace Committee etc, and their political parties including Jamat-e-Islam, Nezam-e-Islam, Muslim League etc.
Enactment of the International Crimes (Tribunals) Act,1973.
8.14 In order to bring the perpetrators, who committed crimes against humanity, genocide and war crimes in 1971, to justice, The Bangladesh Collaborators (Special Tribunals) Order,1972 was enacted by the Government of Bangladesh on 24 January’1972 targeted local collaborators and The International Crimes (Tribunals) Act, 1973 was enacted on 20 July’1973 to prosecute individuals regardless of nationality for genocide, war crimes, crimes against humanity and crimes against peace committed during 1971 Liberation War. Under The Bangladesh Collaborators (Special Tribunals) Order,1972, 73 special tribunals were formed, 2884 cases were filed and 752 collaborators were found guilty. However, no Tribunal was set up and no trial took place under The International Crimes (Tribunals) Act, 1973 back then. After the death of Bangabondhu Sheikh Mujibor Rahman in 1975, all the on-going proceedings were being halted and Collaborator Act was repealed on 31 December 1975. Before the Ninth National Parliamentary Election Bangladesh Awami League pledged to try war criminal of Liberation War, 1971. When they won the election, Awami led grand alliance Government revived The International Crimes (Tribunals) Act, 1973 on 25th of March 2010. Till August 5, 2024 the Tribunal pronounced as many as 55 judgments and in most of them the then leaders and activists of Jamat-e-Islmai, Islami Chatro Sangho, were found guilty for committing crimes against humanity and genocide during the Liberation War. Hence, it is quite understandable that these political parties will have a strong grudge against the freedom fighters, leaders and activists of the Bangladesh Awami League and its allies for whom they lost the war in 1971 and then they were prosecuted before this Tribunal.
8.15 Jamat E Islami (JEI), as an organization, substantially contributed in creating the para-militia forces (auxiliary force) for combating the unarmed Bangalee civilians, in the name of protecting Pakistan. Al- Badar is believed to have been the ‘action section’ of Jamat-e-Islami, carefully organised after the Pakistani crackdown in March, 1971 Source: P [Fox Butterfield in the New York Times- January 3, 1972; Bangladesh Documents Vol. II Ministry of External Affairs New Delhi]. Incontrovertibly the way to self-determination for the Bangalee nation was strenuous, swabbed with enormous blood, strive and sacrifices. In the present-day world history, conceivably no nation paid as extremely as the Bangalee nation did for its independence.
8.16 The preceding events leading to the independence of Bangladesh encompassed the nationalist movement, the struggle for the autonomy of East Bengal on the basis of the Six Points, the electoral victory in 1970, the breach of faith by the Pakistan authorities, and the subsequent commencement of the ‘self-proclaimed Bangladesh’ under the leadership of Bangabandhu following the Seventh March Address. This included Bangabandhu’s assumption of ‘Supreme Leadership’ in both the election and the subsequent struggle, culminating in the unprovoked attack by the Pakistani forces on March 25. This was immediately followed by Bangabandhu’s Declaration of the establishment of an independent Bangladesh on March 26. Subsequently, on April 17, 1971, the Government of Bangladesh was formally constituted by the representatives elected in the 1970 general election. These elected representatives possessed the mandate to establish a self-governing Bangladesh based on the Six Points and were simultaneously vested with the authority to draft a Constitution, the core principle of which was an independent Bangladesh founded on the Six Points.
8.17 It was on the basis of these two vested authorities that, subsequent to the aggression by the Pakistan authorities, the mandate for self-governance was re-constituted as a mandate for independence (a transformation which, absent the Six Points, would have lacked the foundation for the public outcry in the streets advocating for independence). Therefore, the Independent Government of Bangladesh was a government of the duly elected representatives, and the Independent Bangladesh, under the administration of this government, was subjected to military aggression by the Pakistani invading forces. This renders the 1971 conflict a war and armed conflict between two States, not a mere separatist movement. By virtue of their authority to draft a Constitution, and pursuant to the power vested in the Constituent Assembly formed by the Proclamation of Independence of April 17, 1971, these elected representatives subsequently drafted and adopted the Constitution of the nation in 1972.”
Formal Charges highly politicized and misleading statements concerning different regimes since 1972:
8.18 The learned prosecution also portrayed politicised and misleading information regarding the first Government of Bangladesh Awami League after the Liberation War. The 1971 Liberation War left Bangladesh’s infrastructure in ruins and crippling the economy. Widespread destruction of bridges, railways, ports, and power plants done by Pakistani army and its local auxiliary forces halted industrial production, disrupted food distribution, and caused severe post-war inflation. The newly formed Awami League government, through the Planning Commission established in January 1972, faced the monumental task of rebuilding, with early efforts focusing on clearing port channels, repairing bridges, and restoring power supplies.
8.19 The learned prosecution also portrayed politicised and misleading information regarding “Jatiya Rokkhi Bahini” formation. The Jatiya Rakkhi Bahini Formed as an elite paramilitary force under the government of Bangabondhu Sheikh Mujibur Rahman to maintain law and order. Again immediately after Liberation War a section of the Bangladesh Chhatra League, the student wing of the Bangladesh Awami Leaguesplit to form the Jatiyo Samajtantrik Dal. The party called for establishing socialism through an armed revolution. As a result, the Gonobahini was formed and led a violent insurgency against the government to overthrow the Awami League government through armed revolution. Conducted violent insurgencies, killing numerous Awami League and Chhatra League members, including a 1974 attack on the home minister’s
8.20 The learned prosecution also portrayed politicised and misleading information regarding the 1973 election. The details regarding the political parties that participated in the 300-seat general election of 1973, along with the corresponding votes secured by their candidates, are formally recorded in the publications of the Election Commission. Notwithstanding the reported irregularities mentioned in the press subsequent to the election, no publication challenged the validity of the results pertaining to the vast majority of constituencies. The outcome of the election, including the noted irregularities, was accepted by all relevant parties, and the Parliament was duly convened and commenced its functions.
8.21 Furthermore, concerning the famine of 1973, domestic and international conspiracy was the primary factor, aggravated by the existing lack of coordination within the administration. The formal charge, by maintaining intentional silence regarding the American conspiracy and other extant plots, has occasioned the transgression of historical falsification and distortion. Moreover, the reference to the photograph involving “Basanti” was itself a conspiratorial, staged drama, a fact subsequently substantiated by evidence. The person named Basanti was mentally disabled, and the photograph was deliberately taken and propagated with her wearing a fishing net, serving a malicious intent. Through this reference, the learned prosecution has attempted to weave yet another web of conspiracy with a mala fide motive.
8.22 The statements narrated in the formal charge regarding BAKSAL and the killing of Bangabandhu Sheikh Mijubur Rahman and his family reveals the mala fide intention and political motive of the learned prosecution. There might be controversy regarding BAKSAL, but the decision was taken by a democratically elected government. It is submitted that criticisms of BAKSAL and differences in ideology with him and Awami League cannot justify the killing of the Father of the Nation, along with his family and it is still a grand crime and justifying the same on the formal charge is unacceptable and a contempt to the judgment of the Bangabandhu Killing passed by the Apex Court of Bangladesh. It is pertinent to mention that after the killing of the 15th August 1975, the newspapers published from 16 – 20 August 1975 did not publish any photograph of people cheering the murder, that is because nothing like that took place since the whole country was shocked and mourning. Another reason was-due to the martial law and countrywide curfew and fear of life, people could not go outside at that time at all.
8.23 On 15 August 1975, Bangabandhu Sheikh Mujibur Rahman, the then President of the People’s Republic of Bangladesh and Father of the Nation, was assassinated at his personal residence in Dhanmondi, Dhaka, along with his immediate and extended family, during the early hours of the morning. The incident constituted a violent coup d’état orchestrated by a faction of disaffected Bangladesh Army personnel. Subsequently, the perpetrators and conspirators were shielded from criminal prosecution for over two decades by the promulgation of the Indemnity Ordinance in September 1975, which was later incorporated into the nation’s constitutional framework. The pursuit of justice for this felony was significantly impeded until the repeal of the said Act, which subsequently facilitated the commencement of the legal process, culminating in the trial and conviction of multiple individuals for their involvement in the homicide.
8.24 Major General Ziaur Rahman’s ascent to power in Bangladesh was a complex and incremental process marked by a series of military coups in 1975 following the assassination of Bangabandhu Sheikh Mujibur Rahman on August 15, 1975. Initially serving as the Chief Martial Law Administrator (CMLA) under a figurehead President, Abu Sadat Mohammad Sayem, Zia rapidly consolidated his authority. He formally assumed the Presidency in April 1977 after Sayem’s resignation, officially retiring from the military in 1978 to transition to civilian political leadership by founding the Bangladesh Nationalist Party (BNP). President Ziaur Rahman is criticised for his government’s role in formally passing and codifying the Indemnity Ordinance—originally promulgated by the post-coup government— and incorporating in the Constitution, which legally shielded the assassins from prosecution for over two decades, is cited as direct evidence of complicity in obstruction of justice and protecting the perpetrators. President Ziaur Rahman’s regime is also criticised for the execution of military personnel. Following the series of coups and counter-coups, particularly the Air Force mutiny in 1977, hundreds of military personnel (estimates range from over 562 to over 2,000) were executed after summary secret trials in military tribunals [Source:https://www.dhakatribune.com/bangladesh/260238/families-demand-list-of-army-air-force-officers]. President Ziaur Rahman’s regime is criticised by political commentators for shielding the killers of Bangabandhu and his family members and for illegal amendments of the Constitution and execution of military personnel. He is also criticised for rehabilitating religion based right-wing political parties, like – Jamat-e-Islami—many of which had opposed the 1971 Liberation War and collaborated Pakistan Army as “para-military forces and civil armed forces” and surrendered on 16th December 1971. His appointment of known anti-independence figures (such as Shah Azizur Rahman as Prime Minister) to high government positions is seen by many as legitimizing and integrating figures who collaborated with the Pakistani forces. During his regime, Ghulam Azam, the Jamat-e-Islami leader, returned to Bangladesh who rebranded the party as Bangladesh Jamaat-e-Islami (https://jamaat-e-islami.org/en/), and its student wing Islami Chatra Shangha as Islami Chhatrashibir (https:// shibir.org.bd/).President Ziaur Rahman’s regime was controversial for abolition of secularism in the Constitution (5th Amendment). He replaced the constitutional principle of secularism with “absolute trust and faith in Almighty Allah” and removed the ban on religion-based political parties. Critics view this as a fundamental betrayal of the 1971 Liberation War’s core tenets and the beginning of Islamization in state policy. President Ziaur Rahman is also criticised for rehabilitating religion based right-wing political parties, like – Jamat-e-Islami. His decision to allow religion-based political parties—many of which had opposed the 1971 Liberation War and collaborated Pakistan Army as “para-military forces and civil armed forces” and surrendered on 16 December 1971—to re-enter politics and his appointment of known anti-independence figures (such as Shah Azizur Rahman as Prime Minister) to high government positions is seen by many as legitimizing and integrating figures who collaborated with the Pakistani forces.
8.25 President Ziaur Rahman was assassinated in a military coup attempt in Chittagong on May 30, 1981, a fate similar to the political violence that brought him to power. His death created a power vacuum, which was initially filled by his Vice President, Justice Abdus Sattar, a civilian who won a subsequent presidential election. However, the Army Chief, Lieutenant General Hussain Muhammad Ershad, exploited the continuing instability and the civilian government’s perceived weakness.
8.26 The regime of General Hussain Muhammad Ershad began with a bloodless military coup on March 24, 1982, ousting the democratically elected government of President Abdus Sattar. Ershad served as Chief Martial Law Administrator before declaring himself President in 1983. His nearly nine-year rule (1982–1990) was characterized by authoritarian governance and the formation of his political vehicle, the Jatiya Party. Ershad’s rule ended in December 1990 following a massive pro-democracy mass uprising led by the main opposition alliances, ushering in a return to parliamentary democracy. It was Ershad who incorporated Islam as the state religion, and he took state policies which led to the use of Islam to gain nefarious political goals by abusing public sentiment during his era.
8.27 The period of Bangladesh politics from 1991 to 2009 was primarily defined by a return to parliamentary democracy and an intense political rivalry between the two largest political parties: the Bangladesh Nationalist Party (BNP), and the Bangladesh Awami League (ALBD). This era of confrontational politics saw the introduction of the Caretaker Government system in 1996 to oversee fair elections, a system which itself became a point of contention and ultimately led to a military-backed interim government from 2007 to 2008. The power transition was rarely smooth when BNP or BNP-Jamat were in power, with periods of BNP (1991–1996), and BNP-Jamat (2001–2006) marked by political vendetta, widespread corruption, and serious human rights violations.
8.28 The Bangladesh Nationalist Party’s (BNP) 1991-1996 tenure face criticism for rise of political violences, corruption, lack of initiatives in the energy sector (including lopsided deals with Occidental and NIKO) and failed to resolve maritime boundary disputes. This tenure was marked by the controversial 1994 Magura by-polls, controversial Sixth Parliamentary Election in 15 February 1996 which was boycotted by all major opposition parties leading to a forced resignation of Government within two months after passing the 13th amendment to the constitution, introducing a non-partisan, caretaker government system.
8.29 In 12 June1996 Bangladesh Awami League had won the seventh National Parliamentary Election and formed government again. In this tenure from 1996-2001 Bangladesh Awami League had many key developmental areas including Construction of the Bangabandhu Bridge (Jamuna Bridge) which significantly improving connectivity between the eastern and western parts of the country, achieving self-sufficiency in food production for the first time, Introduction of the community clinic project to provide health services at the grassroots level, Implementation of Vulnerable Group Feeding (VGF) & Vulnerable Group Development (VGD) programs to aid the poor. After completion of full term of the Government the ruling party Bangladesh Awami league had handover to Caretaker government smoothly for next election.
8.30 Eight National Parliamentary Election in 2001 was won by the Bangladesh nationalist Party (BNP)- Jamaat-e-islami alliance. The 2001-2006 BNP-Jamaat alliance tenure was marked by five consecutive years of topping the global corruption index, state-sponsored repression of minorities, political repression, extrajudicial killings, militant activities, major power shortages (load shedding) and fertilizer crisis. Religious minorities, particularly the Hindu community, faced widespread persecution, including killings, rapes, looting, and land grabbing. Government made it difficult for the minorities to transfer lands and properties. Numerous pro-liberation political leaders, journalists and activists were killed, tortured, disappeared or arbitrarily detained during the BNP-Jamat era. Attacks by the student wings of both the political parties, i.e., Chatrodal and Shibir, often targeted pro-liberation and secular political activists, intellectuals sometimes with the alleged connivance of law enforcement. Government was accused of using the state machinery, including the police and security forces, for political repression, resulting in extrajudicial killings, torture in custody, and arbitrary arrests of opposition activists and critics. The creation of the Rapid Action Battalion (RAB) in 2004 came under heavy criticism for its role in alleged extrajudicial killings, or “crossfire” deaths, during the latter years of this period. On August 21, 2004, Dhaka Grenade Attack took place, which was one of the most severe attacks, when a grenade assault on an AL rally on Bangabandhu Avenue, killed 24 people and injured over 200. The target was then-opposition leader Sheikh Hasina, who survived but suffered hearing damage. High-ranking members of the BNP-Jamaat government and security agencies were later implicated in the conspiracy. During the 2001-2006 tenure, Islamist militant groups like Jama’atul Mujahideen Bangladesh (JMB) and Harkat-ul-Jihad al-Islami (HuJI-B) grew in prominence, culminating in a simultaneous series of bomb blasts across 63 districts in August 2005. Critics accused elements within the ruling coalition of fostering or ignoring the rise of these extremist groups. 2001-2006 BNP-Jammat tenure was also criticised for controversial amendment to the constitution of the constitution and raised the retirement age of the Hon’ble Judges of the Appellate Division of the Hon’ble Supreme Court of Bangladesh from 65 to 67 only to appoint retired Chief Justice K. M. Hassan as Chief Adviser to the next caretaker government.
8.31 In the mentioned context, finally during the BNP-Jamaat tenure, following a series of consultations among pro-liberation political parties from 2002 and joint and parallel events based on 9 points programme in 2004, finally on 15 July 2005 the ‘14-Party’ alliance was formed involving Awami League, Jasod, 11-Party and National Awami Party (NAP). On this day a 31-points electoral reform programme was declared by the 14-Party. On 22 November at Paltan Maidan, a 23-points Programme was declared by Sheikh Hasina on behalf of 14-Party. Following this formation, just before the postponement of the 22 January 2007 national election, the ‘grand-alliance’ was formed involving the 14-Party and Jatiya Party. The 1-11 took place and that government overstayed (continued for more than two years) exploring the limitations of the provision of the Caretaker Government.
8.32 During BNP-Jamat’s regime since 2001, Bangladesh witnessed rise of Islamist militant groups like Jama’atul Mujahideen Bangladesh (JMB) and Harkat-ul-Jihad al-Islami (HuJI-B). Their targets were mainly Awami League and Pro-Liberation Parties irrespective of whether they were in power or not. For example, on August 21, 2004, Dhaka Grenade Attack took place, which was one of the most severe attacks, when a grenade assault on an AL rally on Bangabandhu Avenue, killed 24 people and injured over 200. The target was then-opposition leader Sheikh Hasina, who survived but suffered hearing damage. In 2005, a series bomb blasts occurred across 63 districts. Critics accused elements within the ruling coalition of fostering or ignoring the rise of these extremist groups.
8.33 Religious minorities, particularly the Hindu community, who are generally perceived as Awami League supporters, faced widespread persecution, including killings, rapes, looting, and land grabbing, particularly following the 2001 general election won by the BNP-Jamat alliance.
8.34 The BNP and BNP-Jamaat led governments faced widespread allegations of corruption, political favoritism, and cronyism. The said government was also accused of using the state machinery, including the police and security forces, for political repression, resulting in extrajudicial killings, torture in custody, and arbitrary arrests of opposition activists and critics. The operation named “Operation Clean Heart” carried out by Bangladesh Army and the creation of the Rapid Action Battalion (RAB) in 2004 came under heavy criticism for its role in alleged extrajudicial killings, or “crossfire” deaths, during the latter years of this period.
8.35 It is alleged in the formal charge that the 1-11 army backed government supported the Bangladesh Awami League. It is also alleged that Bangladesh Awami League destabilised the law and order situation by waving logi-boitha, and thus, the party and its allies came to power. But the reality is the then Army Chief Moin U. Ahmed was the personal choice of Begum Khaleda Zia and Fakhruddin Ahmed, the then Chief Advisor was the choice of President Dr. Iajuddin Ahmed. It is pertinent to mention that the Khaleda-Nizami regime wanted retired Chief Justice K. M. Hassan to be the Chief Adviser to the government and to materialise that the government amended the constitution and raised the retirement age of the Hon’ble Judges of the Appellate Division of the Hon’ble Supreme Court of Bangladesh from 65 to 67. Due to wide criticism and unrest, Justice K. M. Hasan refused to be the Chief Adviser, President Iajuddin Ahmed appointed himself as the Chief Adviser, which caused further controversy, and to calm the situation down, he appointed Fakhruddin Ahmed, former Governor of Bangladesh Bank, as the Chief Adviser. The caretaker government of Fakruddin Ahmed, with the support of Moin U. Ahmed, the army chief, was not allowing Sheikh Hasina’s plane to land at Hazrat Shahjalal International Airport. It is well-known that both Sheikh Hasina and Khaleda Zia along with their senior leaders, which included Khaleda Zia’s eldest son Tareq Zia were arbitrarily detained by that government, and in the prison, Khaleda Zia received more favours than Sheikh Hasina. Due to the commitment of the general citizens, the election was free and fair and the Bangladesh Awami League with its ‘Grand-Alliance’ allies won the majority seats and formed the government.
8.36 Bangladesh Awami League and it’s Alley again had a landslide victory in Ninth National Parliamentary Election in 2008 formed Government in January’2009. They have also subsequent victories in Tenth, Eleventh and Twelfth National Parliamentary Elections. During this tenure of Bangladesh Awami League and It’s Allies from 2009- 2024 (upto 5 August) is marked for Economic Growth and infrastructural development of the country. Key Economic Trends during the tenure of 2009–2024 are GDP growing from around $102 billion in 2009 to over $400 billion by 2023, Per capita income increased from $710 in 2009 to approximately $2,700 by the end of the term, extreme poverty falling from 19.3% in 2009 to 12.1% by 2016. Key developmental projects in connectivity in the tenure of 2009-2024 are Padma Multipurpose Bridge, Dhaka Metro Rail, Elevated Express Way, Karachi Tunnel, Third Terminal at Hazrat Shahjalal International Airport, Payra Port & Matarbari Deep Sea Port, Upgraded major national highways to four or more lanes and expanded rural road networks. Notable achievements in energy and power sector are development of the Rooppur Nuclear Power Plant, construction of coal-based power plants like Rampal and Matarbari, Increasing electricity access from 38% in 2006 to near 100% in 2023. Key projects for social development in the tenure of 2009-2024 are several Social Security Allowances (Over 10 million people, including elderly, widows, and disabled individuals, received targeted protection allowances), Implemented the “Ashrayan Project” to build homes for the landless and homeless, Women’s Empowerment by implementing policies providing 60% of primary teaching positions for women. Notable achievements in digitalisation and technology are Expanded internet access to provide services to rural areas with 5,275 digital centres, Growth in digital banking services, Launching Bangladesh’s first satellite (Bangabandhu Satellite-1). Other key achievements of Government of the tenure of 2009-2024 are Settling maritime boundary disputes (securing rights over a significant area of the Bay of Bengal), completion of trial of Bangbandhu Murder case, Formation of International Crime Tribunal (ICT) and starting the trial of Local War Criminals of 1971 Liberation War, Starting trial of BDR Mutiny Case.
8.37 On February 25, 2009, immediately after formation of new Government BDR Mutiny took place which was committed by certain jawans of BDR and the learned prosecution with mala fide intention distorted the facts and misrepresented the events in the formal charge. On a telephone conversion of the then BDR Chief Major General Shakil with the then Prime Minister Sheikh Hasina suggested that it was a conspiracy to newly formed Government. Present Chief of Army Staff, General Waker-uz-Zaman has also rightly said, “… It was entirely carried out by the then BDR members. Full stop. There are no ‘ifs’ or ‘buts’ here.” Hence, no further comments are required on this matter.
8.38 In 2009, the Awami League government formed the International Crimes Tribunals under the International Crimes (Tribunals) Act, 1973, which was their commitment to the citizens of the country. Between 2009 and 2013, well-known razakars and al-badars, irrespective of their present political affiliations, were investigated and tried before this Hon’ble Tribunal. BNP and Jamat, day after day called Hartal against those trials and kept no stone unturned to jeopardise those trials.
8.39 9On 10 May 2011, the Appellate Division of the Supreme Court declared the caretaker government provisions unconstitutional and subsequently, in the same year, following the Court’s observation, the government amended the Constitution and removed the provisions from the Constitution. [Source: https://indianapublications.com/articles/IJAL_4(12)_26-29_6663e10395e991.92753274.pdf]
8.40 In 2013, due to its role in 1971, its extreme right wing politics and subsequent aiding and abetting, complicity and instigation to formulate Islamic terrorist groups in Bangladesh and recent violences, a Divisional Bench of the Hon’ble High Court Division after hearing all the parties ordered the Election Commission to cancel the Jamat-e-Islami’s registration as a political party. Until recently, Jamat-e-Islami Bangladesh was operating secretly and its leaders and activists merged with other political parties suppressing their political ideologies. On 2 May 2020, Jamaat opened a tactical platform named Amar Bangladesh Party (AB Party); albeit officials of AB party stated that because of the ideological difference within Jamaat they left that party and formed the new one, however, AB party leaders showed no difference between them and Jamaat. The joint Convenor of AB Party served Jamaat and war criminals in the ICT as a lawyer and recently has been appointed as the Chief prosecutor of the ICT to trial the freedom fighters including Md. Qamrul Islam. [Source: https://en.bonikbarta.com/bangladesh/IjGdoFPKTZ97pzQsandhttps://www.thedailystar.net/news/bangladesh/ crime-justice/news/advocate-tajul-islam-made-ict-chief-prosecutor-3696896] .
8.41 Before the 5th January 2014 National Parliament Election, in 2013, BNP Chairperson Khaleda Zia demanded the return of the caretaker government which was not permitted under the Constitution of the People’s Republic of Bangladesh. Consequently, BNP-Jamaat alliance refrained themselves from participating in the said National Parliament Election. However, BNP and Jamaat participated in the National Parliament Election of 30th December 2018, having earlier forsworn their demand for a neutral caretaker government. Although the Election Commission cancelled Jamaat-e-Islami’s registration in December 2018, following a High Court ruling, 22 of its candidates contested the election under the BNP’s electoral symbol. Candidates of BNP-Jamaat alliance who won the election took oath and served as the Members of Parliament. Thereafter, the next National Parliament Election was ultimately held on 7th January 2024, in compliance with the constitutional requirement though BNP-Jamaat alliance again refrained themselves from participating in the election. It is noteworthy that during these entire periods between 2009 and 2024, there was no executive/government decision/order to debar any political party from participating in any election.
8.42 Before the 5 January 2014 National Election, in 2013, BNP President Khaleda Zia demanded the return of the caretaker government and started hartals all over the country. The hartals were not peaceful and buses, trucks, trains and even vans and other sorts of vehicles were burnt resulting in the death and the injury of innocent citizens. A total number of 3,600 people were injured, while the killed were mostly drivers, helpers and children. (Source: https://bangla.bdnews24.com/ politics/infpfurb8j and https://url-shortener.me/7YC9) To stop this violence, a proposal was extended to Begum Khaleda Zia for the responsibility of this three-month all-party government, which would cooperate with the Election Commission and execute routine administrative functions. She was even offered to play the role of Minister of the Ministry of Home Affairs during this tenure. Begum Khaleda Zia, however, rejected this proposal and, by declaring an election boycott, initiated armed processions and attacks across the country, including by Jamaat-e-Islami and Islami Chhatra Shibir affiliates. In such a scenario, since the tenure of the existing government had expired, the government, deeming it the lesser of two evils to maintain the constitutional continuity, announced the holding of the election. During that election, voting centers—which are primarily located in school buildings—became targets and were consequently attacked. Over a thousand school buildings, functioning as polling centers, were set ablaze.
8.43 The Bangladesh Nationalist Party (BNP) and Jamaat-e-Islami participated in the general election of 30 December 2018, having earlier forsworn their demand for a neutral caretaker government. [Source: https://en. wikipedia.org/wiki/2018_Bangladeshi_general_election] In the run-up to this election, the BNP demanded the dissolution of Parliament and the immediate release of its convicted Chairperson as preconditions for its participation. The political climate preceding the 2018 election was marked by significant political violence attributed to BNP and Jamaat activists. To illustrate, in September 2017 alone, the police reportedly came under attack 90 times, leading to the seizure of 1,186 bombs and 370 Molotov cocktails, with 90 cases being filed against the alleged perpetrators. [Source: https://www.voanews.com/a/us-un-raise-concerns-over-violence-ahead-of-bangladesh-election/4718844. html#:~:text=Hasina%20has%20shrugged%20off%20opposition,bomb%20attacks%20in%2088%20constituencies.%22] Although the Election Commission cancelled Jamaat-e-Islami’s registration in December 2018, following a High Court ruling, 22 of its candidates contested the election under the BNP’s electoral symbol. This association drew considerable criticism from sections of the civil and political society within the country. The period up to and including the day of the election saw continued clashes, resulting in reported fatalities of Awami League activists and attacks on over 100 election centres. While Jamaat-e-Islami formally announced a boycott on the election day, the BNP and its alliance, the Jatiya Oikya Front, did not. Subsequent to the declaration of the election results, the elected Members of Parliament representing the Oikya Front abstained from taking their oath of office.
8.44 Following the 2018 national election, the BNP, Jamaat, and allied parties reiterated their demand for the government to cede power to a neutral caretaker government prior to the forthcoming general election. Citing the precedent of the ‘1/11’ event (2007-2008) and the subsequent constitutional amendment based upon a Supreme Court judgment, Prime Minister Sheikh Hasina maintained the position that the nation’s governance would not revert to an unelected administration. Between 20 December 2021 and 17 January 2022, the President, Mr. Abdul Hamid, conducted a series of dialogues with various political parties concerning the administration of the subsequent election; however, the BNP and its allies declined to participate in these discussions. The Bangladesh Election Commission was formally constituted on 27 February 2022, with the statutory mandate to administer the election in accordance with the Constitution and electoral law. Its responsibilities include announcing the election schedule, delineating constituency boundaries, preparing electoral rolls, supervising the polls, declaring the results, and establishing election tribunals to resolve disputes. The general election was ultimately held on 7 January 2024, in compliance with the constitutional requirement that the poll must take place within the 90-day period preceding the expiration of the incumbent Jatiya Sangsad’s (Parliament’s) term on 29 January 2024. Throughout this period, the public statements and diplomatic activities of certain foreign missions, particularly those representing the United States, became a significant subject of domestic political debate regarding the electoral process. [Source: https://surl.li/ksnjzd].