SALEEM SAMAD
For millions of people in an impoverished Bangladesh, it seems to have ushered a political blessing. The nation which fought a bloody war of independence in 1971 against Pakistan to establish secularism and democracy was obliterated by subsequent military juntas and pro-Islamic governments.
The first constitution has enshrined secularism, democracy, socialism, and nationalism as the key political philosophy of the independence of Bangladesh, which reflects the spirit of the independence war when the eastern province severed from Pakistan in 1971.
After the assassination of the architect of Bangladesh independence Sheikh Mujibur Rahman in a military putsch in 1975, the military-backed government of General Ziaur Rahman, a former Mukti Bahini commander, with a swagger stick doctored the constitution’s guiding principle and scribbled “Bismillah’ir Rahman’ir Rahim (Faith in Allah)” in 1979 to establish legitimacy of his military government.
After Mujib’s daughter Sheikh Hasina, leader of the Awami League swept to power in 2008 pledged to restoration of secularism and the trial of war criminals.
The Supreme Court in its landmark verdict forbids political parties that advocate political Islam. The apex court also asked to reinstate the four key principles in the constitution.
In separate voluminous judgements in July and August of 2010, the apex court pulled down the Fifth Amendment of 1979 and Seventh Amendment of 1986, including provisions that allowed religious-based politics, which was legitimized by tyrannical rules from 15 August 1975 to 9 April 1979 and 24 March 1982, and 10 November 1986 respectively.
The court in a ruling said the Seventh Amendment retroactively legitimized the very acts that successfully engineered the coups by former Chief of Army Staff Lt. Gen. Husain Muhammad Ershad unseated an elected government of President Justice Abdus Sattar in March 1982.
General Ershad in a bid to woo moral support of majoritarian Sunni Muslims had rewritten the constitution which determines “Islam as state religion” of a once secular nation.
The higher court judges noted, “The proclamation of martial law and its regulations and orders and all actions under this law shall remain illegal until Qayamat (the Last Day of Judgment). “The martial law was beyond the mandate of the constitution and will be invalid for eternity,” and said, “a usurper is a usurper.” It is deemed that the judgement squarely blamed both the military leaders have acted as a usurper to grab the state power.
The apex court’s verdict on the Fifth Amendment said, “The perpetrators of such illegalities should also be suitably punished and condemned so that in future no adventurist, no usurper, would dare to defy the people, their constitution, their government, established by them with their consent.”
The court dubs the “extra-constitutional adventurers” as predators of democracy who ushered military regimes.
General Zia was assassinated in a military coup d’état in 1982 and General Ershad was ousted in 1990, after a bloody pro-democracy revolution. He served a prison sentence for corruption but is a key ally coalition of the ruling party and died last year of old age complications.
Excited by hearing the superior court verdict Shahriar Kabir, a secularist, researcher and staunch advocate for the trial of the war criminals said the people’s mandate in the last general election for the restoration of secularism and trial of perpetrators responsible for the crime against humanity in 1971.
“Religious based politics was prohibited after brutal birth of Bangladesh. We have seen youths belonging to Jamaat-e-Islami (JeI) were engaged as henchmen of marauding Pakistan military. They raised Al-Badr, a death squad to kidnap and murder hundreds of intellectuals who could not escape for their safety and security,” he explained.
All the JeI leaders of the secret militia group Al-Badr were handed down maximum punishment for war crimes and crimes against humanity by the International Crimes Tribunal.
The journalist and film-maker Kabir said General Zia, after the assassination of Sheikh Mujib in a bid to gain political support, withdrew the ban on religious politics and allowed Islamic parties to regain grounds.
The Bangladesh Nationalist Party founded by assassinated General Rahman, presently led by his widow, Begum Khaleda Zia appealed the apex court’s first ruling on the Fifth Amendment last January and lost her in a crucial legal battle which was detrimental to her party.
Notwithstanding, Bangladesh is a Sunni Muslim-majority nation, most people practice a moderate version of Sunni Islam. In the long run, the country’s politicians want the country to transform into a secular democracy rather than “Islam as State Religion”.
Pending a verdict from the Appellate Division of the Supreme Court, the Bangladesh Election Commission has struck off the name of Jamaat-e-Islami (JeI) as a political party. Officially the Islamist party was unable to participate in the 2014 and 2018 general election. Unfortunately, the Islamist party failed to satisfy the Election Commission that it is a Bangladesh origin party, upholds the Bangladesh constitution, and expresses solidarity with the independence of Bangladesh.
JeI handbook and various published documents, the party did not accept the state constitution and demanded to override it with Quran and Sharia Law upon 164 million secular and moderate Muslim majority nation. Unfortunately, the party failed to muster moral support of the majority.
Besides, the party didn’t recognise Bangladesh independence. JeI was politically, morally, and physically supported by the marauding Pakistan military.
Regarding banning of Islamic parties, Sheikh Hasina told the Jatiya Sangsad (parliament) said the Islamic parties will not be banned, while “Bismillah’ir Rahman’ir Rahim” and state religion Islam will remain in the constitution.
Social justice activist Kabir is visibly disturbed regarding the delay in banning of religious-based political parties, especially JeI which opposed the independence of Bangladesh.
He said the prime minister’s statement in parliament has confused the nation and contradicts the verdict of the superior court. The Islamic parties would continue to function and overtly campaign against the war crimes trial.
First published in The South Asian Digest on 6 August 2020
Author is an independent journalist, media rights defender in Bangladesh. Recipient of Ashoka Fellowship and Hellman-Hammett Award
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