How Long Can Pakistan Troops Hold In East Pakistan?

SALEEM SAMAD

In a crucial meeting held in Washington DC, on the morning of December 6, 1971, was attended by senior officials of departments of State, Defence, Joint Chief of Staffs, CIA, USAID, and others.

The heavyweight US Secretary for State at the onset of the meeting asked Gen. Westmoreland: What is your military assessment? How long can Pakistan hold out in the east [Bangladesh]?

Gen. Westmoreland candidly said, up to three weeks. Once Pakistan Army runs out of supplies, all the troops in East Pakistan [Bangladesh] will become a hostage.

No doubt sly Kissinger was worried about the safety and security of marauding Pakistan’s troops battling in occupied Bangladesh.

The United States seriously wanted to stick with withdrawal and ceasefire not a humiliating surrender of Pakistan troops and Kissinger assured the Pakistan regime that they doing all the best they can do diplomatically.

The perturbed Kissinger believed that there would be a massacre of the disarmed troops in the hands of the Mukti Bahini (Bangladesh Liberation Forces) after enemy soldiers are disarmed.

Three days after a full-scale war between India-Pakistan on the eastern front and Bangladesh-India jointly against Pakistan in the eastern war theatre, Henry Kissinger asked how long Pakistan troops can hold in Bangladesh.

The officials discussed whether there were any possibilities of Pakistan troop evacuation. Gen. Westmoreland responded in negative.

A senior official of the State Department asked Gen. Westmoreland that assuming the Indians take over Bangladesh, how do you think it will happen.

Gen. Westmoreland: I think their primary thrust will be to cut off the seaport of Chittagong. This will virtually cut off any possibility of resupply. Then they will move to destroy Pakistan’s regular forces, in cooperation with the Mukti Bahini. They will then be faced with the major job of restoring some order to the country. I think there will be a revenge massacre — possibly the greatest in the twentieth century.

Kissinger asked shall the Indians withdraw their army once the Pakistan forces were disarmed.

Gen. Westmoreland replied that he thinks they [Indians] will leave three or four divisions to work with the Mukti Bahini and pull the remainder back to the West [Pakistan].

The officials expect that the Indians will pull out as quickly as they can. Once the Pakistan forces are disarmed, the Indians will have a friendly population. They can afford to move back to the border areas quickly.

Another official in the nerve-breaking meeting predicted that after the Indian Army has been in Bangladesh for two or three weeks, they will be accepted as a “Hindu army of occupation”.

Kissinger asked: What will India do with Bangladesh? Will they see it as an independent state or have them negotiate with Islamabad?

An official responded that India has already recognised Bangladesh as an independent country. Kissinger said then there is no hope for Pakistan to negotiate with Bangladesh.

The objective of the prudent Indian Prime Minister Indira Gandhi’s government was to force a surrender of the Pakistani troops in Bangladesh within 10 days.

In a telegram from New Delhi on December 6, US Ambassador Kenneth Barnard Keating reported that Indian Foreign Secretary Triloki Nath Kaul had expressed “disappointment, shock and surprise” that the United States had tabled the resolution it did in the UNSC.

On December 5 the Soviet representative on the United Nations Security Council (UNSC) vetoed an eight-power draft resolution that called for a ceasefire and mutual withdrawal of forces, as well as intensified efforts to create the conditions necessary for the return of refugees to their homes.

However, the UN Security Council accepted on December 6 that an impasse had been reached in its deliberations on the conflict in South Asia, and referred the issue to the General Assembly adopted by a vote of 11 to 0 with 4 abstentions.

On the other hand, Pakistan’s General Yahya Khan’s administration conveyed their intentions to retreat from their eastern wing to the United Nations on 10 December 1971, and a formal surrender was submitted and accepted when the Commander of Eastern Command and Governor of East Pakistan, General Niazi, signed an instrument of surrender with his counterpart, Lieutenant General Jagjit Singh Aurora, Commander of Eastern Command.

An estimated 93,000 Pakistan troops and civilians including family members made an unconditional public surrender in Dhaka on December 16, 1971, which is observed each year as Victory Day both in Bangladesh and by Indian armed forces.

The surrender was indeed the largest surrender that the world had witnessed since the end of the Second World War.

Conclusion: Despite the growing anger among the Mukti Bahini commanders to avenge the extreme barbarity unleashed by Pakistan troops, fortunately, none of the disarmed enemy troops was killed or died for being held captive in military garrisons inside Bangladesh.

Soon after the Prisoners of War (POWs) were transferred to India, as newly born Bangladesh did not have the ability to the containment of such a huge number of POWs.

Under Tripartite Agreement in April 1974 between Bangladesh, India and Pakistan signed in New Delhi enabled the repatriation of all the 79,676 uniformed POWs and 13,324 civilians to Pakistan, including the 195 officers held for suspected war crimes.

First published in The News Times, December 16, 2022

Saleem Samad, is an independent journalist, media rights defender, recipient of Ashoka Fellowship and Hellman-Hammett Award. He could be reached at <saleemsamad@hotmail.com>; Twitter @saleemsamad

US Congress To Recognise Bangladesh Genocide In 1971

SALEEM SAMAD

Recently United States Congressman Steve Chabot along with co-sponsor Congressman Ro Khanna and Congresswoman Katie Porter introduced a bipartisan resolution 1430 “Recognising the Bangladesh Genocide of 1971” in Capitol Hill, Washington DC.

The resolution demands that the United States government should recognise the genocide committed by the Pakistan armed forces during the brutal birth of the country in 1971, which disproportionately targeted members of the Hindu community, secularists, and nationalist groups in East Pakistan (now Bangladesh).

Congressman Steve Chabot is a member of the House Foreign Affairs Committee’s Subcommittee on Asia and the Pacific, and Co-Chair of the Bangladesh Caucus, introducing the resolution said, “There was a genocide. Millions of people were killed [in 1971] in what is now Bangladesh, and what was then East Pakistan.

About 80 per cent of those millions that were killed were Hindus. And it was, in my opinion, a genocide just like other genocides – like the Holocaust – happened. “

The historic resolution observes that the Pakistani ruling elite and officials harboured well-documented anti-Bangalee sentiment, considering Bangalees to be a lesser people group that had been corrupted by un-Islamic practices.

The infamous brutal crackdown “Operation Searchlight” involved widespread massacres of civilians. The operation targeted the Bangalee nationalists and especially the Hindus, who are dubbed with the demeaning word “Malaun” (cursed).

“The genocide against Bengalees and Hindus is one of the forgotten genocides of the 20th century and its lack of recognition remains an open wound for millions of people who were directly affected by the atrocities, remarked Senator Tabo”

Pakistan’s President, General Agha Muhammad Yahya Khan, is recorded as saying to his top military brass “[k]ill 3 million of them and the rest will eat out of our hands”.

Unfortunately, the genocide against ethnic Bangalees and Hindus is one of the forgotten genocides of the 20th century and its lack of recognition remains an open wound for millions of people who were directly affected by the atrocities.

Earlier, the United States based non-governmental organisations Genocide Watch and the Lemkin Institute for Genocide Prevention sought international recognition of the atrocities committed by the Armed Forces of Pakistan as ‘genocide’.

An estimated number killed in the atrocities was 3 million (an official figure of the Bangladesh government). Nearly several hundred thousand were victims of rape as a weapon of war.

The bloody war caused nearly 10 million war refugees and took shelter in camps along the borders of India for their safety and up to 50 per cent of the population was internally displaced.

On March 28, 1971, United States Consul General in Dhaka, Archer Blood, sent a telegram to Washington titled “Selective Genocide” in which he wrote “Moreover, with support of Pak[istan] military, non-Bengali Muslims are systematically attacking poor people’s quarters and murdering Bengalis and Hindus. Streets of Dacca are aflood with Hindus and others seeking to get out of Dacca…”

Senator Edward Kennedy, Chairman of the Senate Judiciary Committee in a report to the Committee on November 1, 1971, states “Nothing is more clear, or more easily documented, than the systematic campaign of terror—and its genocidal consequences—launched by the Pakistan army on the night of March 25th. Field reports to the U.S. Government, countless eye-witness journalistic accounts, reports of international agencies such as the World Bank, and additional information available to the Subcommittee document the continuing reign of terror which grips East Bengal. 

Hardest hit have been members of the Hindu community who have been robbed of their lands and shops, systematically slaughtered, and, in some places, painted with yellow patches marked ‘H’. All of this has been officially sanctioned, ordered and implemented under martial law from Islamabad.”

In a study published in 1972 titled “The Events in East Pakistan”, the Secretariat of the International Commission of Jurists states “There is overwhelming evidence that Hindus were slaughtered, and their houses and villages destroyed simply because they were Hindus.”

During the nine months of the war, the Pakistani military forces persecuted, tortured, and murdered representatives of Bangla culture and identity, including poets, musicians, professors, journalists, physicians, scientists, writers, and filmmakers.

Often debates are alive on the definition of genocide, persecution, atrocities and massacre rage among scholars and historians. The attempt to eliminate Hindus and the rape of women constitute crimes against humanity, war crimes, and genocide.

There is no confusion after the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, signed on December 9, 1948, declares that genocide “means any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group.” and “The following acts shall be punishable: (a) Genocide; (b) Conspiracy to commit genocide; (c) Direct and public incitement to commit genocide; (d) Attempt to commit genocide; (e) Complicity in genocide.”

The resolution calls on the Pakistan authority, in the face of overwhelming evidence, to offer acknowledgement of its role in such genocide, offer formal apologies to the Government and people of Bangladesh, and prosecute, in accordance with international law, any perpetrators who are still living, the resolution said.

Meanwhile, the Human Rights Congress for Bangladesh Minorities (HRCBM) held a press conference at the National Press Club in Washington DC which was attended by journalists, human rights defenders, academics, social entrepreneurs, members of the Bangladeshi diaspora and also exiled rights defenders of Sindh and Balochistan.

Priya Saha, Executive Director of HRCBM said, “The Pakistani military and its militia forces, namely the death squad Al-Badr carried out the targeted assassination of more than 1,100 Bangla-speaking intellectuals and other professionals, to create an intellectual vacuum in the country. In Bangladesh, 1,942 mass graves were discovered.”

Speakers at the press conference discussed and answered questions about the impact of this historic resolution on the geopolitics of the Indo-Pacific and radical groups originating from Bangladesh and Pakistan.

Among the speakers were Dr Sachi Dastidar, distinguished professor emeritus at SUNY, recalled his family’s personal experience as victims of genocide.

Prof Dwijen Bhattacharjya of Columbia University and General Secretary of the Bangladeshi Hindu Buddhist Christian Unity Council in the United States believes that resolution 1430 will be departing from the 1971 United States policy on the genocide in Bangladesh.

Saleem Samad, General Sectary of the Forum for Freedom of Expression, Bangladesh said the Pakistan military committed genocide with an “intent to eliminate” a race, language, culture, heritage, traditional practices and of course religion

The ‘rape as a weapon of war’ was executed for several reasons. Firstly, to give birth to “war babies” to establish a so-called ‘superior’ race. Secondly, to change the identity of race and ethnicity. Thirdly to break the morale of a defiant nation.

Munawar “Sufi” Laghari, the Executive Director of Sindhi Foundation said the resolution to recognise the Bangladesh genocide would enable Pakistan’s ‘military establishment’ to halt ongoing ethnic persecution of Sindhi and Baloch, enforced disappearances and forced conversion of Hindus girls in the restive province of Sindh and Balochistan.

The press conference moderated by Adelle Nazrarian, Media Fellow at the Gold Institute for International Strategy (GIIS) and Communication and Legislative Director at HinduPACT urged the Bangladeshi diaspora in the United States, in particular, to work with their local representatives and requested that they support the resolution.

First published in The News Times, October 30, 2022

Saleem Samad, is an independent journalist, media rights defender, recipient of Ashoka Fellowship and Hellman-Hammett Award. He could be reached at <saleemsamad@hotmail.com>; Twitter @saleemsamad

Pakistan’s desperate attempt to come closer to Bangladesh

File photo: Bangladeshi Prime Minister Sheikh Hasina (left), and her counterpart Pakistan's Prime Minister Imran Khan

SALEEM SAMAD

"Bilateral synergy between Bangladesh and Pakistan remains a work in progress"

For most journalists, columnists, and academicians in Pakistan, when they write or speak on Bangladesh affairs, it could be understood that they are bashing India and trying to appease Bangladesh by stating or using the term “brotherly Muslim” country.

The Bangladesh Ministry of Foreign Affairs has stated about the delinquent Indian press in undermining the relations of the two neighbours. The government could have warned equally about the Pakistan media writing provocative articles and commentaries that Bangladesh has realized after almost 50 years that India is no friend of Bangladesh, and is instead tilting towards China.

A Pakistani columnist Inam Ul Haque in The Express Tribune has written: “Taking a leaf from post-war European history would do well for both brotherly Muslim countries.”

Bangladesh, even after almost half-a-century, has not forgotten the marauding Pakistan Army launched a “jihad war” against the people. 

Thus, the broadcast of Radio Pakistan aptly said that the people of Bangladesh are “kafirs” and “gaddhars” (traitors) and have joined hands with their arch enemy, the Hindu-India.

Pakistan must backtrack their statement of officially declaring the people of Bangladesh as “kafirs” and traitors which gave them the moral legitimacy to commit genocide and rape as a weapon of war.

An estimated 10 million refugees fled Bangladesh and trekked into neighbouring states of India. They fled when their villages and towns were raided. Their relatives and neighbours were slaughtered by the Pakistan Army and their Islamic henchmen.

The plunders and arson of villages and bazaars and desecrating places of worship, and the genocide by Islamist militia -- these narratives are documented in the history of the Liberation War.

The Pakistan media put up stories on the first page regarding Pakistan Prime Minister Imran Khan’s telephone tete-a-tete with his Bangladesh counterpart Sheikh Hasina.

Both Bangladesh and Pakistan’s official statements did not mention that Imran Khan wanted to convince Bangladesh to support Pakistan on the Kashmir issue. PM Hasina in three words silenced Khan when she stated that Kashmir is “India’s internal affair.” Full stop.

What Pakistan media will not publish was that Bangladesh reiterated that Pakistan should provide a public apology to the war crimes committed during the Liberation War.

Barrister Tania Amir says that Bangladesh should muster support from friendly countries to hold Islamabad responsible for flouting the historic 1974 Tripartite Agreement signed in New Delhi which released 93,000 prisoners of war (POW).

In Clause 13 of the agreement jointly signed by the foreign ministers of Bangladesh, India, and Pakistan regarding the governments for reconciliation, peace, and friendship in the sub-continent, “the 195 Pakistani prisoners of war should be held to account and subjected to the due process of law.”

However, the Pakistan minister of defense and foreign affairs in the agreement said that “his government condemned and deeply regretted any crimes that may have been committed.”

Former Foreign Minister Dr Kamal Hossain, a signatory of the agreement in Clause 13, stated that the manifold crimes committed by POWs constituted, according to the relevant provisions of the UN General Assembly Resolutions and International Law, war crimes, crimes against humanity, and genocide, and that there was universal consensus that persons charged with such crimes as the 195 Pakistani POWs should be held to account and subject to the due process of law.

The Tripartite Agreement stated that the 195 listed as war criminals will face court-martial under the Manual of Pakistan Military Laws (MPML), 1957.

In the home front, during a live discussion over a TV channel on the relationship between India and Bangladesh and the recent developments in regards to Pakistan, Foreign Minister Abdul Momen said the recent tensions between India and China were impacting ties with Bangladesh of both the nations, and he asserted that both India and China were its “neighbours” and that both the nations always had a big heart for Bangladesh.

Pakistan and Bangladesh need to realize that bilateral synergy can bring tremendous good to their people, wrote columnist Inam Ul Haque in The Express Tribune. Political observers merely scoffed at such wild ideas. 

First published in the Dhaka Tribune on 24 August 2020

Saleem Samad is an independent journalist, media rights defender, and recipient of Ashoka Fellowship and Hellman-Hammett Award. He can be reached at saleemsamad@hotmail.com.  Twitter @saleemsamad

Should China apologize to Bangladesh?

SALEEM SAMAD

Chinese wolf-warrior diplomacy was on the lookout for ‘friends’ in South Asia to create political pressure on India. China brought together their all-weather friend Pakistan, new ally Nepal, debt-trap Sri Lanka under its folds, except Bangladesh, Afghanistan, and Bhutan.

China seems desperate to take diplomatic and economic ties with Bangladesh to a new height.

Since 1991 after a democratic government took power the China-Bangladesh relationship was intertwined for the partnership for economic development.

The new pro-Islamist regime of Khaleda Zia reached out to China to shrug off Indian influence which was an extended strategic gain for both countries.

China and Pakistan was the major military hardware supplier to Bangladesh military forces, which was also needed for United Nations Peacekeeping operations. The weighing scale plummeted under the growing influence of the China-Pakistan axis and penetrated deep into politics, bureaucracy, and economic development of the country.

In subsequent years, China emerged as the major economic partner in mega infrastructure development in Bangladesh and the cheering politicians began to beat their chest like King Kong.

Sheikh Hasina, a woman prime minister for successive fourth term has told her government officials that Bangladesh will give second-thought regarding multi-billion dollar development projects with China.

The world media reports have caught the attention of the Bangladesh leaders regarding several third-world countries were caught in debt-trap in South Asia, Africa, and the Pacific Ocean Islands. What happened was the country’s national exchequer failed to repay the huge loan invested in mega projects. China in a bid to salvage the debt-trap government took a 99-years lease of maritime ports and other facilities. End of the story!

Not very long Sheikh Hasina, the daughter of assassinated Bangabandhu Sheikh Mujibur Rahman, the founder of Bangladesh has reassured the Indian journalists that India is an ‘organic’ friend of Bangladesh and have jointly shed blood during the brutal independence in 1971.

She also said that China is a development partner and there is no conflict of interest. In 1971, the marauding Pakistan troops in eastern war theatre in desperate attempted to keep the two wings of Pakistan united. Pakistan troops and their Islamic militia continued to commit genocide and rape as a weapon of war.

Pakistan troops were in a quagmire. In the monsoon rain in floodplain delta coupled with Mukti Bahini guerilla’s hit and run operations gave the soldiers a hard time. Fortunately, Pakistan an ally of the Chinese Communist Party (CCP) received unlimited military supply and political support for the war to suppress the people.

Like the Pakistan media, Chinese media were tight-lipped of the genocide committed by marauding soldiers. China should admit the responsibility for the genocide perpetrated by Pakistan’s military hawks in Bangladesh.

For each victim of genocide, China delivered gifts via the Rawalpindi hawks which were “Made in China” bullets in brass that were pumped into the martyrs who wanted an independent Bangladesh.

China ignored world opinion on the Bangladesh liberation war in 1971. CCP closed their ears not to hear the cries and agonies of 10 million refugees who fled to neighboring India. Many countries in the world do not have 10 million populations!

On the other hand, on request of the Bangladesh government in exile, Maulana Abdul Hamid Khan Bhashani, chairman of the pro-China left-leaning National Awami Party’s appeal to the CCP for political support for Bangladesh went unanswered. Instead, China increased the supply of arms and ammunition.

After independence, China continued to politically and diplomatically harass the newly emerged independent nation.

The architect of Bangladesh’s independence, Sheikh Mujib after three weeks of the historic surrender of 93,000 Pakistan armed forces and para-military forces in Dhaka, had returned from the prison of Pakistan.

He took charge of a war-ravaged nation with a promise to feed the hungry people and task to rehabilitate the millions of refugees slowly trickled back home from camps in India. This phenomenon created a challenge for the new government. By April 1972, one after another, including the United States, Canada, Great Britain, European countries, allies of the Soviet Union, Japan, Australia, and scores of countries recognized the war-torn nation of 75 million. The trouble started when Bangladesh applied for membership to the United Nations in 1972. China spontaneously twice vetoed Bangladesh membership in the United Nations as the country desperately needed international food aid and budget for rehabilitation of the returnees from Indian refugee camps. China deliberately vetoed the application because two United Nations resolutions regarding the repatriation of Pakistani prisoners of war (POWs) and civilians held in India had not yet been implemented. Chinese move was certainly to keep Pakistan in good humor.

To withstand Asian-giant China, Sheikh Mujib to add diplomatic clouts joined the Non-Aligned Movement (NAM), The Commonwealth, and the Organisation of Islamic Conference (OIC), which indeed strengthened Bangladesh foothold in the global arena.

However, Pakistan recognized Bangladesh in 1974 under duress of the leaders of Islamic nations weeks before the OIC conference.

Even after diplomatic recognition by Pakistan, China continued to intimidate the government of Sheikh Mujib.

Overtly the pro-Beijing communist parties in the country received political blessings from CCP. The left parties despite divided into several factions opposed the liberation war, rejected independent Bangladesh, and expressed dissent on the government of Sheikh Mujib, blaming him a stooge of India.

The pro-Chinese extremist groups remained underground and their parties deliberately had prefix “East Pakistan (Purbo Pakistan)” or” East Bengal (Purbo Bangla)”.

Not to anybody’s surprise, the left extremist raised their heads above the ground and made the unconditional suspension of armed struggle during the military junta on the behest of the CCP’s.

Mujib in his book ‘Amar Dekha Nayachin’ (New China As I Saw) had visited China twice. First in 1952 and second in 1957. During his visit, he met both Mao Zedong, Zhou Enlai, and other CCP’s key leaders. He was confident that the Chinese leaders would listen to his request to recognize Bangladesh.

Stubborn Mujib opened diplomatic channels to win the heart of CCP. Pakistan’s veteran envoy to Beijing (1969-1972), Ambassador Khwaja Mohammad Kaiser, a member of Nawab clan in old Dhaka after his tenure in Beijing opted to return home.

Chinese Prime Minister Zhou Enlai confided to Ambassador Kaiser that he understood his difficulties. Well, Kaiser returned to Beijing, as Bangladesh Ambassador in 1984 for two years.

Mujib had also despatched a journalist and poet Faiz Ahmed to China. Faiz had friends in high places among CCP leadership when he was working in Radio Peking (now Beijing) Bangla Service in the 1960s. Faiz was Mujib’s play card game partner in Dhaka prison during 1966-1969. There he heard of Faiz’s relationship with the Chinese political leaders.

He traveled to Beijing via Hong Kong and met the CCP senior leaders. Unfortunately, he returned home with an empty hand. Despite the missions reached a dead end, Mujib did not lose hope.

Finally, China recognized Bangladesh, but not an elected government of Sheikh Mujib, but after his brutal assassination on 15 August 1975. China recognized the regime governed by coup leaders.

China was among the last countries to recognize independent Bangladesh on 31 August 1975.

The ‘dirty dozen’ army officers, mostly liberation war veterans who spearheaded the mutiny remained in power for 84 days. Expect for few fugitives most of the leaders were captured and rewarded the death penalty.

CCP’s anti-people policy during the bloody birth of Bangladesh, overtly providing military aid to Pakistan which augmented genocide with Chinese bullets should apologize. CCP should also apologize for harassing Bangabandhu Sheikh Mujibur Rahman.

First published in The South Asian Digest, Montreal, Canada on 12 August 2020

Author is an independent journalist, media rights defender in Bangladesh. Recipient of Ashoka Fellowship and Hellman-Hammett Award. He could be reached at saleemsamad@hotmail.com; Twitter: @saleemsamad

Can Bangladesh shun political Islam?

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

The nation seeks official list of martyred intellectuals

Postal stamp in memory of martyred intellectuals. (From top left) Dr Harinath Dey, Dr Lt Col A F Z Rahman, Mamum Mahmud, Mohsin Ali Dewan; (from bottom left) Dr Lt Col N A M Jahangir, Shah Abdul Majid, Muhammad Akhter and Meherunnesa. PHOTO: COURTESY

SALEEM SAMAD

To this day the nation does not have a list of intellectuals abducted and murdered by the marauding Pakistan army and their local henchmen who joined in the plunder, genocide, and rape during the brutal birth of Bangladesh in 1971.

Last week Faruq Faisel, son of martyred journalist Mohsin Ali Dewan approached Mohammad Jahangir Hossain, director general of Jatiya Muktijuddho Council (Jamuka) under the Ministry of Liberation War Affairs.

He described that his father was abducted by the Pakistan army accompanied by armed militia, the Razakars, from his home in Bogura on June 3, 1971. He was the editor of weekly Uttar Bongo Bulletin, published from Bogura and was first elected president of Bogura Press Club. He was also principal of Sherpur Degree College and also established Bogura Law College, Shah Sultan College, and Joypurhat College. His body was never found.

Faruq sought the Jamuka chief’s advice regarding formalities to enlist Mohsin Ali Dewan’s name in the official document of martyred intellectuals. He was surprised to hear that the government does not have any policy to list murdered intellectuals.

Faruq Faisel, presently the regional director for Bangladesh and South Asia of international media rights organisation Article 19, was shocked to learn this from the DG of Jamuka. The government has not published a gazette notification regarding the documentation and compilation of a list of intellectuals who were singled out by the Pakistan army and killed.

Earlier, in a statement in the parliament on February 6, 2014, Liberation War Affairs Minister AKM Mozammel Huq informed that a complete list would be published by June 2014. The list has not seen the light of the day.

The intellectuals were abducted, tortured and killed by Pakistan army and their henchmen Al Badr, the secret death squad who were recruited from among the hardcore members of Islami Chhatra Sangha. The student outfit was rechristened as Islami Chhatra Shibir in 1977, with a similar ideology of Islami Chhatra Sangha.

Most of the senior level Al Badr commanders were indicted for crimes against humanity and tried at the International Crimes Tribunal. The tribunal handed down the death penalty to the leaders of Islami Chhatra Sangha held responsible for the death of intellectuals.

Thousands of intellectuals mostly university, college and school teachers, academics, politicians, filmmakers, physicians, poets, writers, journalists, engineers, sportsmen, lawyers, lyricists, singers, eminent personalities who had been deemed threats by the Pakistan army were abducted, tortured and executed.

The Bangladesh Post Office has issued dozens of commemorative stamps valued at Taka 2 in the memory of the martyred intellectuals.

It is widely speculated that the killings of intellectuals were orchestrated by Major General Rao Farman Ali. After the liberation of Bangladesh, a list of Bengali intellectuals (most of whom were executed on December 14) were found in pages of his diary, left behind at the Governor’s House (now Bangabhaban).

Various names of martyrs often appear in the media quoting different sources including Banglapedia, which listed 1,111 martyred intellectuals. Filmmaker Zahir Raihan, after going through General Ali’s diary, documents, and daily newspapers, claimed to have found 20,000 names. Unfortunately, he was abducted and went missing without a trace since January 1972.

The killing of the intellectuals virtually began following the army crackdown in Dhaka on the night of March 25. The Pakistan army during Operation Searchlight targeted victims and killed them systematically.

An initiative was undertaken by the Ministry of Liberation War Affairs to prepare a countrywide list of the Razakars, Al Badrs, Al Shams and other henchmen of Pakistan military, which we highly appreciate.

Besides preparing a complete list of the collaborators of the Pakistan army for crimes against humanity during the birth of Bangladesh, the concerned authorities should have also taken the initiative to document the names of our martyred intellectuals as a national priority.

First published in The Daily Star, 14 December 2019

Saleem Samad is an independent journalist, media rights defender, recipient of Ashoka Fellow (USA) and Hellman-Hammett Award. He could reached at <saleemsamad@hotmail.com>; Twitter @saleemsamad

Bangladesh: Visible Gains, Hidden Dangers

S. BINODKUMAR SINGH

On December 18, 2014, the International Crimes Tribunal-2 (ICT-2) indicted Forkan Mallik, an alleged Razakar (a paramilitary force organized by the Pakistan Army) commander from Mirzaganj sub-District in Patuakhali District, for his involvement in crimes against humanity during the Liberation War of 1971. The tribunal framed five charges against Forkan, a supporter of the main opposition Bangladesh Nationalist Party (BNP).

On November 24, 2014, ICT-1 awarded the death penalty to Mobarak Hossain aka Mobarak Ali (64), former rukon (union member) of the Jamaat-e-Islami (JeI) and commander of the Razakar force. Mobarak was indicted on April 23, 2013, on five specific incidents of murder, abduction, confinement, torture and loot.

On November 13, 2014, ICT-1 sentenced Zahid Hossain Khokon alias Khokon (70), vice-president of BNP's Nagarkanda unit and a Razakar commander of Faridpur District, to death in absentia. Khokon was indicted on October 9, 2013, on 11 charges, including genocide, torture, abduction and confinement during the Liberation War. He is absconding and, while Bangladeshi authorities say they have no information regarding his whereabouts, reports suggest that he may be residing in Sweden with his elder son and daughter.

The War Crimes (WC) Trials began on March 25, 2010, and through 2014, the two ICTs indicted nine persons and delivered four verdicts. Thus far, the ICTs have indicted 25 leaders, including 13 from JeI, five from Muslim League (ML), four from BNP, two from Jatiya Party (JP) and one Nizam-e-Islami leader. Verdicts against 14 of them have already been delivered – 12 were awarded death sentence while the remaining two received life sentences. One of the 12 who received the death sentence has already been executed, while the remaining 11 death penalties are yet to be executed. The two persons who were awarded life sentences have already died serving their sentence. They were JeI Ameer (Chief) Ghulam Azam (91), who died on October 23, 2014; and former BNP minister Abdul Alim (83), who died on August 30, 2014.

Sheikh Hasina Wajed’s Awami League (AL)-led Government, which retained power winning the 10th General Elections held on January 5, 2014 in the face of a comprehensive Opposition boycott, has enormously consolidated its secular commitments and kept its promise to punish the perpetrators of the 1971 genocide. By bringing the war crimes' perpetrators to justice, Dhaka has also succeeded in minimizing the threat of Islamist extremists within the country, both because they have become conscious of the clear intent of the incumbent Government, and because many of their top leaders are among those arraigned or convicted for the War Crimes.

The Government also remained determined in its approach to dealing with JeI, the country's largest right-wing party and main Islamist extremist troublemaker. Law Minister Anisul Huq, speaking at Dhaka city on December 7, 2014, announced, "The Draft Bill to ban JeI will be placed in the Cabinet this month and it is expected to be passed in the first session of the Parliament in 2015." Notably, in a landmark ruling, the Dhaka High Court, on August 1, 2013, had declared the registration of JeI as a political party, illegal. A three-member Special Bench, including Justice M. Moazzam Husain, Justice M. Enayetur Rahim and Justice Quazi Reza-Ul Hoque, passed the judgment, accepting a writ petition challenging the legality of JeI's registration as a political party.

Further, in a major blow to JeI, Election Commissioner Shah Nawaz, on November 7, 2013, declared that the party could not participate in the General Elections of January 2014, in line with the High Court order. JeI was, of course, one of the Opposition parties that boycotted the Election.

Significantly, Security Force (SF) personnel arrested at least 1,757 cadres of JeI and Islami Chhatra Shibir (ICS), the student wing of JeI, through 2014, in addition to 4,038 such arrests in 2013. 

Nevertheless, disruptive elements led by the BNP-JeI-ICS combine, continued to engage in violent activities through 2014. According to partial data compiled by the South Asia Terrorism Portal (SATP), a total of 60 people, including 29 civilians, nine SF personnel and 22 extremists, were killed in incidents related to Islamist extremism in 2014 (data till December 21), in addition to 379 persons, including 228 civilians, 18 SF personnel and 133 extremists, killed in 2013.

As the Government continued with its policy of checking the growth of Islamist extremist forces led by the BNP-JeI-ICS combine, it deprived the Islamist terrorist formations of any opportunity to revive their activities within the country, despite sustained efforts, through 2014. The Rapid Action Battalion (RAB) arrested JMB chief coordinator Abdun Noor and four of his close aides from the Sadar Sub-District Railway Station of Sirajganj District, on October 31, 2014, and recovered 49 detonators, 26 electronic detonators, four time bombs, 155 different kinds of circuits, 55 jihadi books, and a power regulator. During preliminary interrogations, the JMB operatives confessed that they were planning to carry out large-scale bomb attacks across the country, particularly in Dhaka city.

In a disturbing development, the Detective Branch (DB) of Dhaka Metropolitan Police (DMP) arrested two cadres of the Ansarul Bangla Team (ABT), Tanjil Hossain Babu (26), who had some technological expertise, and Muhamad Golam Maula Mohan (25), a Computer Sciences and Engineering graduate, along with a plastic frame of a drone, electronic devices and some books on jihad, from Dhaka city's Jatrabari area on December 16, 2014. After their interrogation, Joint Commissioner Monirul Islam of DB claimed, "They reached the final stages of making the drone after a six-month planning and research. Once completed, the drone could be flown up to around 25th floor of a building to launch an attack." ABT is an al Qaeda inspired terrorist formation that crystallized in 2013 from the remnants of the Jamaat-ul-Muslimeen.

Nevertheless, under the sustained pressure exerted by Security Forces, the country did not record a single major terrorist incident (resulting in three or more fatalities) by any Islamist terror outfit through 2014. In fact, only one violent incident involving such groups was reported through the year. On February 23, 2014, a Police Constable was killed and another two Policemen were injured, as an armed gang of 10 to 15 unidentified terrorists ambushed a prison van that was carrying three convicted Jama'at-ul-Mujahideen Bangladesh (JMB) terrorists in the Trishal Sub-District of Mymensingh District. All the three convicts managed to escape during the ambush. Though Police arrested one of them soon after, the whereabouts of the other two remain unknown.

On the other hand, a total of 96 terrorists were arrested through 2014, adding to the 163 detained in 2013. Of these 96, 43 belonged to JMB, 25 to Hizb-ut-Tahrir (HuT), 12 to Harkat-ul-Jihad-al Islami Bangladesh (HuJI-B), six to Kalamaye Jamaat, five to ABT, three to Hizb-ut-Towhid (HT), and one each to Kalema Dawat and Islamic State.

Dhaka has also continued its campaign against an incipient Left Wing Extremist (LWE) movement in a somewhat one-sided battle. Through 2014, 16 LWE cadres were killed - 11 of the Purbo Banglar Communist Party (PBCP), three of the Purbo Banglar Sarbahara Party (PBSP), one of the Biplobi Communist Party (BCP), and one unidentified. No civilian or SF fatality took place in LWE-linked violence through 2014. In 2013, a total of 25 fatalities were connected to LWE violence, including four civilians and 21 militants.

The nation, however, continues to face a significant threat from Islamist extremism. India’s National Investigation Agency (NIA), investigating the October 2, 2014, accidental blasts at Burdwan in West Bengal, uncovered a plot by JMB to assassinate Prime Minister Sheikh Hasina Wajed and BNP Chairperson Begum Khaleda Zia.

According to revelations made by arrested accused in the case, JMB was planning to establish an 'Islamic state' in Bangladesh through armed struggle. The projected 'Islamic state' was also intended to incorporate the Districts of Murshidabad, Nadia, and Malda in West Bengal. Referring to the development, Bangladesh's National and Security Intelligence (NSI) Director General, Mohammad Shamsul Haque, observed, on December 15, 2014,

We have largely neutralized radical groups like the JMB or HuJI-B, but now they seem to have found sanctuaries across the border. If we think we have neutralized a group and sit easy, it is (a) big mistake. There is no room for complacency. We need to closely monitor their activities even if a few terrorists are left in the fray. Because they may well set up bases across the border, make fresh recruitment, acquire weapons and plan attacks.

Further, on September 5, 2014, Asim Umar, the leader of the newly formed al-Qaeda in the Indian Subcontinent (AQIS) based in Pakistan, incited Muslims to engage in the global jihad (holy war) and expressed his group’s determination to extend the fighting from Pakistan to Bangladesh, Myanmar and India. Further, a video released on November 29, 2014, and attributed to the 'Bangladesh division' of AQIS, encouraged Bangladeshi Muslims to come to the jihadi battlefield and included glimpses of a base of fighters in the Afghanistan-Pakistan region.

Threats from the Islamic State (IS, formerly the Islamic State of Iraq and al Sham, ISIS) are also very much a reality. On September 29, 2014, a 24-year-old British citizen was arrested in Dhaka city on suspicion of recruiting people to fight alongside IS cadres in Syria. When asked about Bangladesh’s position on the IS and the Syrian crisis, Foreign Minister A.H. Mahmood Ali disclosed, on September 30, 2014, “We have not heard about any presence of the [ISIS] group, but a British citizen of Bangladeshi origin was arrested.”

Bangladesh’s achievements on the counter-terrorism and internal security fronts through 2014 have been remarkable. Further, over the last few years, the WC Trials have also progressed quite well. A note of caution, nevertheless, remains to be sounded, as the residual capacities of subversive and extremist elements, prominently including JeI-ICS, are still significant, and their alliance with BNP remains sound. Further, surviving fragments of a range of other outfits, including JMB, HuT, HT, HuJI and ABT, also have a potential for regrouping and fomenting violence. In the unstable environment of South Asia and the wider Asian region, there is little space for complacence.

First published in South Asia Intelligence Review, Weekly Assessments & Briefings, Volume 13, No. 25, December 22, 2014

S. Binodkumar Singh is Research Associate, Institute for Conflict Management, India

Warsi’s bold step against Gaza atrocities: Could have been as vocal about BD war criminals

SALEEM SAMAD

Baroness Sayeeda Warsi resigned from the British government on Wednesday in a challenge to Prime Minister David Cameron over Britain’s “morally indefensible” approach to the Conflict in Gaza.

She must have drawn praise for this bold decision from all around the world who have condemned Israeli barbarity in the small Gaza Strip in Palestine.

But people in Bangladesh were bemused by an official statement she had as the first British Muslim Cabinet minister, shedding crocodile tears for indicted Bangladesh war criminals and thus blamed the independence of judiciary.

She was all in “tears” for fugitive war criminal Abul Kalam Azad who had been convicted and sentenced to death by the International War Crimes Tribunal (ICT) for crimes he committed against humanity during Bangladesh’s 1971 War or Independence from Pakistan.

Azad is reportedly living in exile in Pakistan trying to escape the gallows.

Regarding her resignation, the baroness Warsi tweeted: “If I have a view on the economy I’m a Tory..... but on foreign policy it’s because I’m Muslim!”

Earlier in January 2013, the British Foreign Office Minister Baroness Warsi commented on the first judgement reached by the Bangladesh ICT and the death penalty handed down to fugitive Abul Kalam Azad.

Warsi, a daughter of Pakistani immigrants, stated: “The British Government notes the verdict by the International Crimes Tribunal in the case of Abul Kalam Azad. The British Government supports the efforts of Bangladesh to bring to justice those responsible for committing atrocities during the 1971 War, although we remain strongly opposed to the application of the death penalty in all circumstances.

“The British Government is aware of concerns expressed by some human rights NGOs and legal professionals about proceedings at the International Crimes Tribunal. We hope that the International Crimes Tribunal addresses such concerns promptly and thoroughly to ensure the continued integrity, independence and reputation of the legal process in Bangladesh.”

British Foreign Minister met Prime Minister Sheikh Hasina a day after “Butcher of Mirpur” Kader Mollah was hanged on 12 December last year, and stressed UK’s opposition to the death penalty.

Foreign Minister Mahmood Ali during bilateral talks with his British counterpart said that Bangladesh has taken a “bold step” to break the cycle of impunity and bring the perpetrators of sexual violence and crimes against humanity during 1971 war of independence to justice.

The Telegraph, an independent British newspaper, writes: The government came under intense international pressure to halt the execution amid warnings from Western leaders that it will lead to more violence and sabotage talks to persuade Bangladesh’s opposition parties to contest next month’s (January 2014) general election.

Shahriar Kabir, a social justice activist, dubbed Warsi’s statement “outrageous” and “interference” into Bangladesh justice to bring the war crimes suspect on the docks.

As the first Muslim Cabinet minister Warsi adopted some brave stances on a number of controversial issues – such as proposals to ban veils – and had spoken out about wider Islamophobia. Neither stance saved her from abuse and threats of violence from extremist elements in the Muslim community.

To restore her cloudy image among the Muslim community in Britain, it could be a political stunt, an anonymous tweet remarked.

It has been an open secret in Westminster that Warsi has been angered since her demotion from Tory party chair, writes Independent newspaper published from London.

The British officials appeared critical of Lady Warsi's judgment, saying: "This is a disappointing and frankly unnecessary decision. The British Government is working with others in the world to bring peace to Gaza and we do now have a tentative ceasefire which we all hope will hold."

Meanwhile Baroness Anelay, the government's Chief Whip in the House of Lords is to replaced Baroness Warsi as a Foreign Office minister.

Saleem Samad is an Ashoka Fellow (USA), a media rights activists and is a journalist for the Daily Observer, published from Bangladesh

Politics in Bangladesh: No quick fixes

David Lewis

Bangladesh’s political problems are unlikely to be solved soon, whether or not there are fresh elections.

The Awami League’s (AL) Sheikh Hasina was sworn in on 12 January for a third spell as Bangladesh’s prime minister after her party swept the polls, which had been boycotted by the opposition Bangladesh National Party (BNP). Hasina argues that her win in elections held on 5 January is legitimate, despite the BNP boycott and the fact that at least 26 people were killed during the election, making it the deadliest in Bangladesh’s history. Khaleda Zia, the leader of the opposition BNP and two-time former prime minister, has termed the election a ‘scandalous farce’ and rejected the outcome.

According to the AL, the party won up to 80 per cent of the seats contested in an election that saw a nearly 40 per cent turnout in the 147 districts (out of 300) where voting took place. But according to neutral election observers, these figures are suspect. They estimate a voter turnout of approximately 20 per cent (or even as low as 12 per cent), and also point to widespread ballot-stuffing in the AL’s favour. Turnout was also likely affected by the fact that more than 1,000 BNP activists have been arrested in recent weeks. Given that voter turnout in the previous election in 2008 was 86 per cent, it is a stretch to say the electoral outcome reflects the will of the people of Bangladesh.

It remains unclear how long Hasina will be able to hold on to power in the face of a full-blown political crisis and increasing pressure from the opposition and international community for a new election. Since 8 January, the BNP has been blocking roads, railways and waterways in an effort to topple the government. Zia, who was under house arrest for the first two weeks of January, continues to demand that fresh elections be held under a neutral caretaker government to minimise the risk of poll rigging.

After the relatively successful elections that have taken place regularly and returned the opposition to power each time since the military was overthrown in 1990, some suggest Bangladesh has edged closer to a situation that is reminiscent of the one-party state that had emerged in the mid-1970s, and the various sham elections held by the military during the 1980s.

The underlying problems that have brought this situation to a head are complex and unlikely to be solved soon, whether or not there are fresh elections. The first is the continuing polarisation of deeply held views around the legacy of 1971 in relation to the need to secure justice and reconciliation, and the use of religion in politics.

The second is the centrality of an entrenched patron clientelist politics that has led political parties and their supporters into the confrontational style of ‘winner takes all’ politics. This has helped create an illiberal democracy since the 1990s, making political party reform almost impossible and keeping the country’s much vaunted civil society relatively weak.

The third is the international context in which Bangladesh’s politics is evolving: Jamaat-e-Islami’s links with the Middle East; India’s broad support for the AL government; the United States’ preference for the BNP over the AL; and the growing importance of China as it seeks to build influence in the region. Bangladesh’s growing geopolitical importance may bring both opportunities and dangers, but the country will be unable to tackle these as long as its political crisis deepens.

First published in the London School of Economic blog, January 17, 2014

David Lewis is Professor of Social Policy and Development at LSE and author of “Bangladesh: Politics, Economy and Civil Society“