From Prof. Ajoy Roy, Dhaka

To : mukto-mona@yahoogroups.com

Subject: "BD Election and its Fall out: Latest position of Shariar Kabir

Dear Mukto-Monas,

Here is the latest position of Shariar Kabir who has been set free ad interim for six month on bail following a high court verdict given on 19^th January. The jail authority released him at 4-30 p.m. local time 20th January.. See details below.

Ajoy Roy

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Latest position of Shariar Kabir : Shariar is set free

-          Reports Prof. Ajoy Roy from Dhaka

Latest position of Shariar Kabir  Date : 16 - 24 December

Shariar's Bail Petition again rejected

Yesterday (20. 12. 01), Shariar Kabir was again produced at the Metropolitan Magistrate's court, for hearing an appeal for bail moved by his lawyer Sahara Khan. She argued that the case of sedition was instituted against Shariar only to harass him and it was a mere conspiracy. The legal team of Shariar further informed that he went to Calcutta for treatment. On the other hand, the PP Mr. Abdullah Mamun and additional PP Khorshed Alam opposed the appeal move on behalf the state.

It may be informed here that on last Saturday, 15^th Shariar gave a statement under 164 section of the criminal procedure which was recorded by Magistrate Abdus Salam of Dhaka Chief Metropolitan Magistrate Court in private. After the end of 5-day remands in two stages, Shariar gave this statement.

After hearing both sides for two hours the court rejected the bail petition. 

It is learnt that in the said statement Sahriar told that he went to India for:

·         his medical treatment

·         to finish shooting on a documentary film on Kashmir, now under making

·         to supervise functions of a Netherlands based archives.

·         organizational work of the South Asian Peoples union for preparation of holding the second conference. 

Detention extended for another 90 days.

The government extended the detention order for further period of 90 days. The notice was served at the Dhaka Central Jail couple of days back.

Protest Continues against Shariar's Arrest. 

·         Token Hunger Strike

On 22^nd December a group of young men under the banner of "Sachetan Yuba samaj" (Conscious Young men's Society) went on a token hunger strike from 11 a.m. to 4 p.m. at the central Shaheed Minar. In their token hunger many important persons of our cultural life expressed their solidarity including National Professor Kabir Choudhury, Professor Shaheen Kabir, Shri Ajoy Roy, Pankaj Bhattacharya, Selina Tarkabagish, ... At 4 p.m. Mrs. Nasreen Choudhury, principal of Udayan School ended the strike with orange juice. She told in the gathering that Kabir is a victim of conspiracy.

22. 12. 01

·         Formation of Human Chain to Protest against Shariar's arrest 

A human chain was formed with all sections of peoples starting from common man to elite of the society. The chain protested against the arrest of and subsequent institution of case of sedition. The participants, including his 10-year son Arpan and other family members carried the placard demanding the withdrawal of the case and unconditional release.  The chain stated forming at 11 a.m. and continued till 12 noon.  Arpan carried the placard that reads " Shariar Kabir is my father. I want him back."

Eminent members of our civil society including intellectuals of all shades university teachers, cultural personalities, lawyers, and Journalists took part in the formation of the chain in front of the Press Club at 11 a.m. demanding withdrawal of false case and his unconditional release.

The placards read " Stop Repression on Freedom Fighters.", " Withdraw False Cases filed against him", "Stop atrocities against Minorities" . The Main banner reads " Karabandi Vivek Shariar Kabirer Nihsharta Mukti Chai" [ We Want Unconditional Release Prisoner of Conscience Shariar Kabir ".

Among others, National Professor Kabir Choudhury, Barrister Shawakat Ali Khan, Professor Anisuzzaman, Professor Sirajul Islam Choudhury, Professor Ajoy Roy, Professor Arefin Siddique, Wahidul Haque, Professor Borhanuddin Khan Jahangir, , Rashid Haider, Panna Kaiser, Shyamali Choudhury, Sultana Kamal, Pankaj Bhattacharya, Barristar Shafiq Ahmed, Mahfuza Khanam, Iqbal Sobhan Choudhury, Kamal Lohani took part in the formation of human chain.

Latest Position of Shariar Kabir     

Date line 13. 01. 02      

Shariar's Detention under SPA Declared Illegal

At least one major legal battle was won by Shariar Kabir and his well wishres.

Detention Order under special power act declared illegal by the Dhaka High Court. The court further directed that if he is not under arrest in any other case he should be set free immediately. The high court bench constituted of Justice Md. Hamidul Haque and Justice Najmul Ara Sultana gave this verdict yesterday 12^th January. After being arrested by SBP on 22^nd November at the Dhaka Airport, he was given a detention of one month under special power act on 24^th November. A writ was later filed on behalf of the noted writer, and after preliminary hearing the high court gave one-week notice to show cause for his detention.

On last Wednesday, 9^th January the court heard both sides and fixed the date of verdict on 12^th January.  Yesterday (12^th January) the learned bench gave the above verdict. Barrister Showkat Ali, Barrister Amir Ul Islam and Advocate Manjil Morshed pleaded for Shariar.

Date line 14. 01. 02.

An appeal was filed to day at Dhaka High Court for granting bail for Shariar Kabir. The Court after preliminary hearing fixed 19^th January for hearing.

Date line 17. 01. 02

Yesterday (16^th January) family members of Shariar Kabir and many relatives of the family put up a sit down strike in front of the Press Club. The family members were joined by large number of well wishes  including National Professor Kabir Choudhury, Muntasir Mamun, Barrister Showkat Ali, Prof. Bohran Uddin Khan Jahangir, Journalist Mafidul Haque, Prof. Ajoy Roy, Prof. Mahfuza Khanam .. and many others...

Arpan, Sharir's little son carried a festoon demanding " Allow me to see my father", K. Kabir, his younger brother demanded " I want a good division in the jail for my brother ".  Fatema, his beloved wife carried a festoon that demanded for proper medical care and treatment of his husband.

Professor Kabir joining the strike said in an emotional choked voice " We were surprised when we saw Shariar was arrested in gestapo style by the SBP; now we are getting anguished to see that Shariar is being treated like an ordinary criminal such as dacoits, Killers etc. He is being denied of division. Her family members are denied to see him. .... this is simply inhumane .. "

Date line 20. 01. 02: Day of Rejoice & Renewed vow for Fight

Shariar Kabir set free on Bail:

At last Government of Khaleda Begum has bow down to the high court order to set Shariar Kabir free.  The High court in its verdict of the bail petition moved by Barrister Amirul Islam on behalf of the plaintiff, wife of Shariar Kabir, granted ad-interim bail for six month. The court bench constituted of Justice M. A. Aziz and Justice M. Nazrul Islam also issued a show cause notice to the Khaleda Government why he should not be granted full bail on a permanent basis. The hearing of the bail petition started on day before yesterday and continued till yesterday. The bail petition was filed on 14^th January the verdict was given yesterday (Saturday 19^th January) in favour of the petition.

Barrister Amirul Islam, a reputed lawyer of the country argued that Shariar Kabir is a noted writer and a journalist. If he is set free under bail there is possibility that he would flee away, nor he has any scope to influence the course of the case as all the materials are in safe police custody. The learned barrister further argued that if the state desires to file a case under 123(A), 124(A) and 125(A) the materials ceased by the SBP are not sufficient . as a result the case has no legal base either. He pointed out that when the proceeding of his arrest under section 54 was being challenged at the high court the court issued a stay order of the remand order granted at the lower court on 1 December. Later on 9^th December a case of sedition was moved by the Government. This is clear indication that the Khaleda Government willfully filed the case to harass Mr. Kabir, and clearly it is ill motivated. According to 39 section of our constitution the journalists has the right to  collect news and information through interchange and then to make it public. This is their constitutional obligation. To crate hindrance to their activities means to put hindrance against the public. These were practices of the government of the colonial days. The public has every right whether to have faith in a particular government or not, but the government has no right say that the public is not faithful.

The noted lawyer once again pointed out to the bench that Shariar has not yet made his collection public, nor he did get the chance to publish the materials, nor has he used them for his proposed films. Before it was published, his action can not be treated as offensive. In this connection he cited a few references of Indian and American Supreme Courts.

After the verdict was heard, Shariar's little daughter Arpita expressed her reaction with choked voice, " It is wonderful. I feel great. I will see my father again. .... I am grateful to all who fought and worked united for the release of my father.... "

            It may be recalled that Shariar was arrested on 22^nd November at the Zia International airport while he was returning from Calcutta. He was sent to Dhaka central jail on 24^th November after being arrested under section 54. Subsequently he was served with a detention order under special power act. On 9^th December he was formally charged with sedition. His bail petition was negated by the Dhaka CMM court and other Dhaka courts on 20^th , and 2^nd January. Then a writ was filed at the High court on 14^th January for his immediate bail. The High court bench finally granted bail yesterday 19^th January.

Reaction: All human rights group of Bangladesh will consider the day as a day of partial victory. Our fight against the evil forces of communalism, fundamentalism and enemy of liberal democracy continues. The international community also feels the same way. Here is a typical expression of Rationalist International how it expressed its feeling on the release of Shariar:

" Bangladesh: Victory for Rationalists: Shariar Kabir Released

After massive national and international protest, the Dhaka High court declared detention of the prominent Bangladeshi writer, Rationalist and Human Rights campaigner Shariar Kabir by the government on charges of sedition as illegal and released him. According to the judgement, police had not legal authority to keep the arrested writer in jail for nearly two months without opening a trial against him.

Shariar Kabir had evoked the wrath of the government by raising his voice against violence and terror, perpetrated on the Hindu minority in the country by Islamic fundamentalist supporters of the government. He was arrested on 22^nd November by "special branch" of police under the "Special Power Act", when he returned from a visit to India, and detained since then.

Rationalist International, in a letter to the Prime Minister of Bangladesh, Khaleda Zia, which got front page coverage in the Bangladesh press including the pro-government newspaper Dinkal, had demanded Shariar' immediate release. Rationalists in Bangladesh organized a huge protest demonstration in support of Shariar Kabir, in which hundreds of journalists, university teachers and Human Right activists participated. "

Date 21. 01. 02: Shariar is again in open light

            The formal court order to release Shariar immediately on the basis of the High Court verdict of 19^th January reached the jail authority yesterday morning. But the jail authority took time to implement the order. It is rumored that he may once again be arrested under a separate charge, as filing of a new case may have already been initiated by the government. The lawyers of Shariar threatened the jail authority if they fail to carry out the order then are going back to the court and court will ensure his release. Finally Kabir was released a few minutes after 4 p.m. local time.

            At the jail gate he was warmly received by his family members and relatives and host of well wishers including Mr. Wahidul Haque, Muntasir Mamun, Barrister Amirul Islam, and Barrister Shawkat Ali. Barrister Islam in his reaction told that it is once again proved that no government can detain a person under a false and concocted case. The victory of ours is the victory of people of liberal free thinkers, and truth seeking Journalists as well. The verdict of the court has revealed the ill motive of the government. Overwhelmed with joy and emotion Shariar said " I am a freedom fighter, - a freedom fighter can not be a traitor. The true traitors are those who opposed our war of liberation - Rajakars and Albadars. I express my gratitude to all section of people including intellectuals, Journalists, and lawyers at home and abroad who raised their voice protesting my arrest and worked for my release. Thank you all "