Now, the burden of proof lies on the defendants, who will have to prove themselves innocent of the charges.
Seems not in line with a democratic law at all, which suggests that after this sensational stuff subsides, things will be quietly buried. Why should someone prove his innocence, beats me?! Just a migratory bird for "ill-treatment."
Prove innocence in war crime
Court orders Ghulam Azam, Nizami, Mojahid, SQ Chy, 32 others; asks why they should not be barred from polls
A Dhaka court yesterday summoned Jamaat leaders Ghulam Azam, Motiur Rahman Nizami, Ali Ahsan Mohammad Mojahid, BNP lawmaker Salauddin Quader Chowdhury, and 32 others to appear before it on July 20 to explain why they should not be declared war criminals for committing crimes against humanity during Bangladesh's liberation war in 1971. According to the court order, Jamaat's former ameer Ghulam Azam, incumbent chief Nizami, Secretary General Mojahid, senior BNP leader Salauddin, and the 32 other accused will also have to explain why they should not be disqualified from contesting in elections on charges of war crimes.
The 32 other defendants include Jamaat's senior central leaders Abdus Subhan, AKM Yosuf, Muhammad Kamaruzzaman, Abdul Quader Molla, Delwar Hossain Saydee, Mir Kasem Ali, Maulana Abul Kalam Azad, Barrister Korban Ali, and Advocate Ansar Ali, and former BNP lawmaker Abdul Alim. The majority of the rest of the 32 are also leaders of Jamaat, the anti-liberation force, which was constitutionally banned immediately after the country's liberation in 1971, but it was allowed to resume political activities after the bloody August 15, 1975 regime change.
The court's order sent the entire Jamaat hierarchy into a hectic damage control manoeuvring, with leaders frantically calling each other seeking advices on what steps they should take to save themselves from the long hands of the law, party insiders said. Jamaat's Senior Assistant Secretary General Muhammad Kamaruzzaman however told The Daily Star that the party's lawyers will take necessary steps in connection with the court summons. Jamaat Secretary General Mojahid told reporters yesterday that the case is baseless, adding that no Jamaat leader of any level is linked to any war crime, the case was filed with mala fide political intentions.
On taking into cognisance a civil suit, filed on November 13 last year by three lawyers -- Mohammad Liton Miah, Mohammad Safayat Hossain Sajib, and Rajeeb Ahmad -- Judge Iftekhar Ahmed of the 9th Assistant Judge's Court took the matter for trial and issued the summons yesterday. The suit seeks to declare the defendants war criminals, barring them from contesting in elections. Now, the burden of proof lies on the defendants, who will have to prove themselves innocent of the charges.
Thirteen of the defendants, who are already dead, will be exempted from personal appearance before the court, counsels of the plaintiffs said. The 13 deceased defendants include Fazlul Quader Chowdhury, ASM Solaiman, former prime minister Shah Mohammad Azizur Rahman, Advocate Mohammad Ainuddin, and Abdul Majid Talukder. Yesterday's court order follows the AL-led government's initiative to hold long due trials of war criminals of 1971 under the International Crimes (Tribunal) Act 1973.
Many other criminal cases were also already filed in different parts of the country against war criminals, and some of the accused were already arrested in connection with the cases. In the wake of a tidal demand of all sections of the people, the immediate past caretaker government inserted a new provision in the Representation of the People Order, barring convicted war criminals from contesting in parliamentary elections. Before the ninth parliamentary election, Chief Election Commissioner (CEC) ATM Shamsul Huda assured Sector Commanders' Forum of collecting historical documents on trials of war criminals that had taken place between 1972 and 1975, in an effort to bar convicted war criminals from contesting in the poll.
But the Election Commission (EC) failed to deliver on its promise, paving the way for many alleged war criminals to be able to contest in the December 29, 2008 parliamentary election, without any difficulty despite having widespread allegations of war crimes against them. During yesterday's hearing, lawyers of the plaintiffs submitted documents to prove the charges of war crimes against the defendants. They argued that the defendants were actively involved in war crimes during Bangladesh's liberation war in 1971, and they should be declared war criminals disqualifying them from contesting in any election.
After the hearing, the court took the charges into cognisance for trial, as it found substantial evidence in favour of the charges. Advocates Delwar Hossain, Syed Ahmed Mostafa Rana, Khandaker Mohibul Hassan, Saidur Rahman Saju, and Abdul Mannan appeared for the petitioners. Within moments of the court's order, pro-Jamaat lawyers thronged the court to collect the case documents. The plaintiffs prayed that Ghulam Azam and the 35 others be declared war criminals for their involvement in genocide, rape, arson, pillaging, and for collaborating with the invading Pakistani army in 1971.
They also prayed for barring all war criminals from forming any political party in the country, and for disqualifying them from participating in any election in the country. The plaintiffs also mentioned in their plaint that in the immediate aftermath of Bangladesh's liberation, Ghulam Azam and the 35 other accused were identified as war criminals, but are yet to be tried. The accused also killed a large number of intellectuals on November 14, 1971, the plaintiffs stated in their complaint.
Focus back on, 8yrs after ---- Ghulam AzamJulfikar Ali Manik
Former Jamaat ameer Ghulam Azam stayed out of focus since he disappeared from open politics of Jamaat-e-Islami eight years ago. One of the front men of 1971 who actively helped Pakistani occupation forces' attempts to foil the birth of Bangladesh, he was brought to spotlight once again after yesterday's court order. Ghulam Azam, who was hyperactive against the Liberation War and became a symbol of alleged war criminals, said in 1971, "Pakistan is the house of Islam for the world Muslims. Therefore, Jamaat activists don't justify living if Pakistan disintegrated." (Source: Jamaat's mouthpiece the daily Sangram, 1971).
Ghulam Azam met Pakistani General Tikka Khan, who was known as "butcher of Beluchistan" 10 days after the war started and earned the same title "butcher" as an architect of the genocide launched at the night of March 25, 1971 in Dhaka. During the nine-month bloody War of Independence Ghulam Azam and his party Jamaat actively played a key role alone and along with their other political partners in attempts to foil Bangladesh's independence struggle. Immediately after independence Ghulam Azam and many others like him fled to Pakistan and returned only after the brutal killing of Bangabandhu Sheikh Mujibur Rahman and his family in 1975.
After victory on December 16, 1971 the first issue of newspapers of the new nation carried the government's decision to ban five communal parties including Jamaat-e-Islami on December 18 with immediate effect. The banned parties including Jamaat were given the green light to do politics during the regime of late president Ziaur Rahman after the assassination of Bangabandhu Sheikh Mujibur Rahman in 1975. As Ghulam Azam returned to Bangladesh after 1975 he became Jamaat's undeclared ameer, while another alleged war criminal late Abbas Ali Khan served for many years as the acting ameer.
In early 90s Ghulam Azam was officially declared ameer of Jamaat and Shaheed Janani Jahanara Imam launched a unique mass movement demanding trial of war criminals. She held an unprecedented Peoples' Court as a symbolic trial of Ghulam Azam where thousands of people gathered and the court gave verdict that Azam's offences committed during the Liberation War deserve capital punishment. After long movement against war criminals launched by Jahanara Imam, Jamaat decided to change its chief in 2001 though Azam obtained Bangladeshi citizenship from the higher court in mid-90s.
Motiur Rahman Nizami, the incumbent ameer of Jamaat, in 2001 succeeded Azam, who disappeared from open politics since then. Though Azam was the brain behind Jamaat's anti-liberation efforts, the present ameer, also the then president of Islami Chhatra Sangha, played a vital role in collaborating Pakistani junta in committing genocide. The Pakistani forces and their Bangladeshi collaborators committed genocide and war crimes that left three million people killed and around quarter million women violated besides the planned elimination of the best Bangali brains on December 14, 1971.
The Sangram quoted Nizami on September 15, 1971 as saying: "Everyone of us should assume the role of a Muslim soldier of an Islamic state and through cooperation to the oppressed and by winning their confidence we must kill those; who are hatching conspiracy against Pakistan and Islam." Jamaat Secretary General Ali Ahsan Mohammad Mojahid, head of Al-Badr in Dhaka in 1971, led the killings of the intellectuals a couple of days before independence, according to numerous research works, academic papers, accounts of both victims and collaborators, publications including newspapers and secret documents of the Pakistani home department.
Mojahid directed party workers to build Al-Badr force to resist freedom fighters, according to a "Fortnightly Secret Report on the Situation in East Pakistan". In line with an official procedure, the report was regularly being dispatched by the then East Pakistan home ministry to General Yahya Khan, the head of the government. Mojahid came to spotlight and drew huge flak making an audacious comment in October 2007 that "in fact, anti-liberation forces never even existed". Jamaat leader Mir Kasem Ali was general secretary of East Pakistan Islami Chhatra Sangha in 1971.
On December 10 the same year, Al-Badr force organised a rally at Baitul Mukarram Mosque to orchestrate public opinion against 'Hindustani attacks'. Kasem also addressed the rally, according to a news report published in the Daily Azad on December 11, 1971. "We are fighting for truth and fairness. Victory must be on our side with the blessings of Khoda," Kasem was quoted in the report as saying. Muhammad Kamaruzzaman, senior assistant secretary general of Jamaat, has a tainted past with Islami Chhatra Sangha and is blamed for his close links to Al-Badr.
"The Chhatra Sangha of Mymensingh was converted to Al-Badr and provided with military training. The man responsible for organising the Chhatra Sangha into Al-Badr was the chief of the Mymensingh district Islami Chhatra Sangha Kamaruzzaman," says a book titled Genocide '71. In the early 1990s, a People's Inquiry Commission was formed to investigate the activities of war criminals and collaborators. According to a report by the commission, the dreaded year, 1971, calls to mind the active role of Delwar Hossain Saydee, now a member of Jamaat's central executive committee.
Saydee played an active part in organising Razakar, Al-Badr and Al Shams forces in the southern district of Pirojpur, his stronghold, to assist the Pakistan army in the crackdown on Bangladeshis. "Saydee was not associated with any political party in 1971 but conducted his activities in his individual capacity as a 'maulana' or Islamic scholar. There are allegations that he actively helped the Pakistani forces in their campaign of killings, looting, rape and arson by forming local para-military forces," says the report. "During the war, he along with four associates formed an organisation called "Fund of the Five". The principal aim of the organisation was to loot and take over property of freedom fighters and Bangalee Hindus. He used to sell looted property and run a profitable business from the sale proceedings."
The report adds Salahuddin Quader Chowdhury opposed Bangladesh's independence and took a number of measures against the freedom fighters. He used to provide all-out support to the Pakistani occupation forces in his area grater Chittagong district. These are the few examples of the anti-liberation political elements, which stood against independence of Bangladesh and a Dhaka court yesterday summoned them along with more than two dozens defendants in a case.
Nuclear Energy ---- Russian team due tomorrow to sign MoU
A three-member Russian delegation will arrive in Dhaka tomorrow to sign a Memorandum of Understanding (MoU) on peaceful use of nuclear energy in Bangladesh, science and ICT ministry officials said yesterday. The team, headed by a secretary-level official, is expected to sign the MoU the same day as the two countries earlier reached an understanding over exchange of nuclear technology for setting up nuclear power plants in Bangladesh. "The Memorandum of Understanding will be signed between the Bangladesh Atomic Energy Commission (BAEC) and the Russian State Atomic Energy Corporation (RSAEC)," MM Neazuddin, joint secretary of the science and ICT ministry, told The Daily Star last night.
He said a final contract would be inked between the two countries in this regard in near future. However, ministry sources said more discussions at higher level of the two governments will be required for finalising the contract. "Crucial issues like the cost of setting up such a plant need to be determined through discussion. If we sign a contract we might seek soft loans from the Russian government," said a source. A Bangladesh delegation headed by Science and ICT Minister Yafez Osman will visit Russia to see its nuclear power plants soon after the signing of the MoU.
Earlier, Prime Minister Sheikh Hasina approved a draft proposal, prepared by the ministry, which explains how Bangladesh and Russia can cooperate with each other in peaceful use of nuclear energy, said a source. The draft was prepared following three-day talks between Bangladesh government officials and a two-member Russian delegation in the first week of April. During the talks, head of international cooperation of RSAEC Vladimir Averkiev briefed Bangladeshi officials about Russia's nuclear technology and ability to set up plants.
Bangladesh has articulated its desire to set up two 1000MW power plants while Russia is keen to assist Bangladesh in this regard. According to a paper prepared by the ministry, the estimated cost of a 1000MW nuclear power plant ranges between $1.5 billion and $2 billion. Experts say installation of such a unit will take at least five years since commissioning of the deal for the project. Bangladesh has been negotiating with several countries for setting up nuclear power units. France and China have also shown interest in helping Bangladesh develop nuclear power plants. Bangladesh has bilateral agreements on nuclear cooperation with the United States, France and China.
BAF air defence exercise begins today
A two-day air defence exercise titled 'ADEX 2009-1' of Bangladesh Air Force will begin today in all Air Bases, says an ISPR press release. The aim of this exercise is to assess and evaluate efficiency and capability of BAF air defence and identify the weaknesses. All types of BAF aircrafts, helicopters and Radar Squadrons of different Bases are participating in the exercise.
Resolve trans-boundary water issues thru' talks --- Speakers tell roundtable
Trans-boundary water disputes in the region should be resolved through dialogues among the countries concerned, including Nepal, Bhutan, India, China and Bangladesh, speakers at a roundtable said yesterday. They also said the Farakka Barrage in the Ganges has caused severe damage to the country's ecology and that India should compensate Bangladesh for the damage. They also called on all to unite to protest the frequent withdrawal of water from international rivers by India, which is posing threat to the environment.
Bangladesh Centre for International Students organised the roundtable on 'Ecosystem aggression by India: Our duties' at the National Press Club in the city, with Prof Emajuddin Ahmed, former vice chancellor of Dhaka University, in the chair. Former water secretary Mohammad Asafuddoula said there are some weaknesses in the Ganges Water Sharing Treaty, which should be reviewed. He also called for forging national unity to realise compensation from India for the damage caused by the Farakka Barrage.
"We need to act boldly to realise our demands," he added. Prof Dr Mahbubullah called for mobilising international support in addressing the issue of frequent withdrawal of water by India, which posing a threat to the environment in the country. Prof Emajuddin said the people should be informed about the environmental damage caused by the dams India has built in the international rivers. "The people of the country are divided; they should unite and forge a movement to address the issue of environmental damage," he said. He also suggested informing the international organisations working in Dhaka of the environmental damage caused by the Farakka barrage. The roundtable was organised to mark the 33rd anniversary of the historical Long March of Maulana Bhashani against the Farakka barrage.
Not exactly "news", but call it a Bukha-naan maaki defeating a BCCI-induced SRK CBM. One step forward, one back.
Kolkata Knight Riders
Bollywood superstar Shahrukh Khan's team Kolkata Knight Riders was undoubtedly the hugely promoted team of this year's IPL. After the drubbing of the last year, some people thought that this year Kolkata Knight Riders would be perish the same way, because even before the start of the tournament, the team engaged itself in a big controversy as coach John Buchanon wanted to introduce the multi-captain theory in cricket. Moreover, the unfair treatment meted out to Saurav Ganguly raised many eyebrows and there was no team unity and team spirit visible under the captaincy of Macculum.
Nevertheless, the hype and support for Kolkata Knight Riders is understandable and people of Bangladesh also joined in the Knight Riders (KKR) because of the inclusion of Mashrafee Mortaza. But all our hopes and expectations were simply shattered because even after losing match after match, the team management of KKR didn't bother to include Mashrafee in the final eleven. They bought Mashrafee at an unbelievable price of 6 million dollars and Mashrafee is also at the pick of his form. So the reason why they are not including Mashrafee in the playing eleven is indeed unclear. The bad treatment which our players like Ashraful and Mashrafee got from this year's IPL was unexpected and disappointing, to say the least. Kolkata Knight Riders is not a team worth the hype.
Luckily all the takleef is on Bukha-naan and not on "Indians", so far so good.
Indian Premier League --- We know what you're doing Buchanan
It was tolerable for the first three games but after the Kolkata Knight Riders ignored Mashrafe Bin Mortaza for the tenth consecutive time, patience is running thin for millions of cricket fans in the country. The Knight Riders turned a million heads when they insisted on landing Mashrafe in their books for an astonishing 600,000 dollars back in February. In fact the effort shown by the black-and-gold brigade during the auction to capture Mashrafe made sure that their fan base here was greater than before. But the honeymoon is over, thanks to the oddball nature of coach John Buchanan.
With only four foreigners allowed, it was natural to load a Twenty20 team with world-class batsmen. Chris Gayle, Brendon McCullum and Brad Hodge were automatic selections while the last spot would naturally go to Ajantha Mendis or Mashrafe since David Hussey was unavailable for much of the campaign. But Buchanan gave that spot to Moises Henriques, a little known Australian all-rounder. Obviously the talent has not come through for the Australian: just 35 runs and two wickets from the four matches he's played. Clearly the Australian coach did not take past success or experience as a prerequisite when it came to picking a foreign bowler. How else would one describe the snub on Ajantha Mendis after just a few opportunities when commentators are waxing lyrics on the less-illustrious spinners on the dry South African pitches?
But the point here is picking a paceman and whether or not Henriques is better than Mashrafe. One would have felt Mashrafe was unlucky if the deadly Charl Langeveldt was picked ahead of him but to go for a greenhorn ahead of experienced international bowlers is simply illogical. But for the 'lateral-thinking' Buchanan, being illogical could probably be a compliment. Remember the multi-captain theory? The studious looking coach tried to employ what Kolkatans call the 'get rid of Ganguly' theory. It's history now even though McCullum has clearly been out of his depth with the bat. If the multi-captain theory had its merit then why wasn't the Kiwi dropped and the captaincy rotated?
When Gayle left, Morne van Wyk was picked as the fourth overseas player and although he did well, the Kolkata side has been inundated with wicketkeepers when the need of Twenty20 cricket is hard-hitters and wicket-takers. The quirky selection decisions have greatly contributed to Kolkata's eight losses out of ten games and so has the squabbles we hear about every day. The rather large support staff sent Aakash Chopra and Sanjay Bangar home and if the phantom 'fake IPL player' is to be believed, Buchanan's dispute with Sourav Ganguly is still on. Like most unsuccessful teams, the Kolkata Knight Riders also have the poisonous grouping problem where Mashrafe is neither in the Indian party nor in the foreign faction.
And all this means that only Ishant Sharma has taken the wickets while the second best has been Hodge's occasional off-break. So what could possibly make a successful coach not pick a likeable international fast bowler who has the track record, form and the hunger to perform? Mashrafe was not just picked to fulfil BCCI's promise but because he has been in top form since 2007. Just before the auction, Mashrafe destroyed the Sri Lankan batting line-up in a one-day final. His fielding has always been rated top-class and for a team that drops a million catches, Mashrafe's athleticism could have been useful.
But as is the case, Mashrafe is yet to make his IPL debut despite Kolkata's standing in the points table. Wickets don't fall after Ishant finishes his four overs and Mashrafe just sits in the dugout. Mashrafe is not on holiday; this is professional cricket and based on conceivable logic, our boy must play.
Hilsa export ban piles up losses
A long-running curb on hilsa exports to India costs businessmen Tk 1.5 crore in lost earnings a day, exporters said yesterday. Bangladeshi exporters and West Bengal importers have failed to reach a consensus on the importers' demand to reduce prices. Bangladesh is losing market out to Myanmar and Thailand because of the suspension that has been in force since February 19, the exporters said. On average, 40 tonnes of hilsa had been exported to India a day through the Benapole land port, said Yusuf Sikder, secretary of Barisal Hilsa Exporters Association. By one estimate, 20 importing firms in West Bengal purchased hilsa worth Tk 250 crore last year.
"But now the sector is losing Tk 1.5 crore a day on average," Sikder said. An official with the Barisal branch of National Bank, one of the two banks associated with hilsa exports, said hilsas worth Tk 17 crore were exported by two firms -- Nirala Fishing and Sikder and Co Pvt Ltd -- through the bank last year. On April 12, 2008, the commerce ministry fixed the prices of hilsa between $6 and $12 a kilogram. Following the announcement, Atul Das, chairman of Hilsa Importers' Association of West Bengal, sent a letter to the commerce ministry in Bangladesh, demanding price cuts.
In the letter, Indian importers said the prices of hilsa had been fixed by negotiations between the exporters and importers for the last 15 years. Since April 12, 2008, the Indian importers were forced to buy hilsa from Bangladesh at higher prices fixed by the commerce ministry in Bangladesh. Price fixing is against open market policies and the importers are incurring losses, as they are in competition with the traders who import hilsa from Orissa, Gujarat and Maharashtra in India, the Indian importers claimed.
Ajit Das, president of the Bangladesh Fish Exporters Association of Barisal, said Bangladesh is losing business to Myanmar and Thailand, as those countries export the same fish at cheaper rates. He alleged that Indian importers are passing off the 'Thai and Myanmarese hilsa' as Padma hilsa from Bangladesh. According to official statistics, 3,433 tonnes of hilsa worth Tk 65 crore was exported in fiscal 2006-07 and 2,647 tonnes worth Tk 75.45 crore in fiscal 2007-08.