From: Prof. Ajoy Roy, Dhaka

Dear Mukto-monas,

 Message of Khaleda Zia Government is clear. If you do not play my music you have to face consequences. After Shariar Kabir two employees of Prioshika, an NGO, have been arrested, detained and being charged with anti state activities. Given below is the story of Proshika episode.

 Ajoy Roy

After Shariar: Anti State Charge against Proshika Employees.

 - Ajoy Roy

Government of Bangladesh is suffering from sedition-phobia. They first found Shariar Kabir an anti state activist, who went to India to collect some first hand information on plight of minorities who fled to India following the post election repression on religious minorities let loose by the BNP armed cadres. He was arrested, detained in jail and finally a sedition charge was brought in against him. He is however in bail adinterim for six months.

Now government is determined to teach lesson(s) to others individuals or organizations who would not dance in tune with government-set musical soiree. The special turrets, as it appears, are those persons and organizations dedicated to secularism, humanism, and liberal democratic values or who protest on human right violations, talk of freedom of expression, and freedom of thought. Is it true then the Party in Power or Government do not believe in diversity- do they believe in the principle "One leader, one Party, One opinion ".

After cleansing Government and non Government administration system, Khaleda government has now decided to turn on NGO's who, their assessment did not support the 4-party alliance in the last election and now not willing to oblige the government to play the music composed for the NGO's. It appears that in the eye of the Government NGO's fall into two groups: (i) Pro government group, who claims that they are apolitical, and (ii) other group being depicted as anti Government or Pro AL group.  BNP thinks that the later group worked for secular democratic forces (synonymous with AL) during last general election campaign. Government is determined to show the later that if you are not with BNP, then you are an anti-sate element(s).

We have seen this kind of phobia during Muslim League days of 50's. If you did not go with ML of 50's, then you were an Indian or communist agent(s) and anti state elements.  The repression of Muslim League Government of the East Bengal (then a province of Pakistan), backed by the Central government of Pakistan, gave birth of secular movement in East Bengal culminating in the 51-languagee movement. Same line of thinking continued during the Martial law regime of Ayub Khan and then in his regime of basic democracy throughout 60's. After our liberation war, in independent Bangladesh we hoped that terms 'sedition', 'anti-state elements or activities' are the words of the past. But alas, Khaleda Government revived those despised and detestable terms, abandoned by the common mass long before, and started using this old methodology to suppress the opinions not liking to the Government. It seems we will never learn from history.

Arrest of Two Proshika Employees: 11. 03. 02

The Police Version

Khaleda Government has chosen 'ProshiKha', a well known NGO as a test case. The police, at the instance of Government of course, picked up two employees of Proshikha, again in a dramatic fashion. It is learned that on Monday, 11^th March at about 6 p.m. police picked up one employee of Proshika, a messenger peon, named Azahar with his motor bike in front of the office of the Ain O Salish Kendra (Centre of Law and Mediation). According to police, as reported in local dailies (Sangbad, Banglabazar Patrika, 13^th March), they have seized printed document(s) containing two article one on repression of minorities another on eviction of slums from Azahar. He informed the police that Mr. Omar Tareq Choudhury, Deputy director of Proshika has given him these documents. He was then taken to Dhanmondi police station. At about 1 a.m. morning on the following day, Tuesday, 12^th march, the police arrested Omar Tareq Choudhury from his residence. The police claimed that they have confiscated some documents also containing information on minority-repression. The police further informed that Mr. Tareq Choudhury dispatched two documents to Calcutta by courier service last month. As an evidence police found two courier service memo. The officer in charge informed the reporter that they are critically scrutinizing the papers.

Bail petition denied:  Next day i.e. on Tuesday, 12^th March both Omar Tareq Choudhury and Azarul Haque were produced before the CMM court showing that both of them were arrested under 54 section. The police asked for remand of 10 days under police custody, which the court denied. Barrister Rokanuddin advocate Zahirul opposed the remand prayer and pleaded for bail of the accused that was also denied by the court. The court ordered the police to send the accused to jail. The court further ordered the police to frame definite charges against them within 24 hours. The police however failed to frame charges within this limit that expired on Thursday, 14^th March. The government however issued detention order before the expiry of the time limit set by the court. They are now detained in Dhaka Central jail.

Police Report:  According to police report submitted to the court an envelop containing a 5-page article on "Hindus" written by Tamim Hosain Shaon and another 2-page article on "Eviction of Slums at Agargaon Amtoli". Police also found a few receipt vouchers (to India) of Continental courier service from the pocket of Azahar. On the basis of information obtained from Azahar, Mr. Tare Omar Choudhury was arrested, the police report said.    

What really happened?

Family version: When contacted by the reporter at Police Station Mr. Choudhury stated that police has arrested him just to harass unnecessarily. He did not send any materials related to Hindu minorities to Calcutta. He did however send a manuscript of poet Jasimuddin to a publisher at Calcutta.

According to the family source it is learnt that on Monday night police raided the residence that is in fact a teachers' quarter inside the Quait-Maitree Hall, a residential Hall for girls students of Dhaka University. Mrs. Gitiara Nasrin Chaudhury, wife of Tareq Chaudhury and Assistant professor of Department of Journalism is the owner of the flat. Omar was taken to Dhanmondi police station on the assurance that he would be set free after half an hour. According to her statement Azaharul went to Ain Salis Kendra to collect some papers in connection of the writ case on 'repression on minority' and 'eviction of slums'. He was arrested on his way to Omar Tareq. Azahar told the police that he dispatched some materials to Calcutta through courier service between November and December. The family source admitted that Omar did send some materials at that time: 3 books on poems of Jasimuddin, and a novel 'Kasban Kanya by Abul Kalam Shamsuddin to two publishers of Calcutta via Courier service. None of the materials are any way related to 'minority repression'.

Proshika's Version of the event:

Proshika on Wednesday, 13^th March issued a statement condemning the arrest of their employees one deputy director and a messenger peon. The statement demanded their immediate release. Regarding the allegation of keeping objectionable papers or documents and keeping doubtful liaison with Indian peoples the statement categorically denied. This allegation, according to them are false, fabricated, motivated and insulting. They have been arrested only to harass them with the intention of torturing the accused. Proshika informed that messenger Azharul after collecting two write-ups related to repression on minorities and eviction of slums at Agargaon Amtoli from Ain O Salis Kendra was going to New Market by motor bike to deliver those articles to Tarek Omar. He was intercepted on his way and take to Dhanmondi police station. It may be recalled that those two analytical write-ups are connected with the writ case Ain O Salis Kendra filed against the Government to the High Court. The honorable high court issued a show cause notice to the appropriate authority of the Government. How the summary of the matter that is under consideration of the high court, and was published in local dailies and publicized through electronic circulated could be a basis of the case of sedition- Proshika questioned in its statement. This event is a gross violation of human rights and violation of constitution opined Proshika. According to Proshika report the police surrounded the residential quarters of the teachers within the Quet Maytri Hall campus of Dhaka University. Tareq and his wife Geetiara Nasrin, an assistant professor of journalism in Dhaka University live in one of the quarters. The documents that the police found in his residence are in fact are two receipts of courier service. Through this courier service Omar Tareq sent three books on poems of Kabi Jasimuddin and a famous novel of novelist Abul Kalam Shamsuddin to Indian publishers for reprint.

What our Great Talkative Interior Minister says:

Among the ministers our great interior minister Air Vice Marshall (retd.) Altaf Hosain Choudhury off late is the most talkative. In an interview with BBC on 15^th March the minister said that case of sedition would be filed against Omar Tareq Choudhury and another colleague of his in Proshika. When asked by BBC that whenever a person is arrested for his critical opinion or view about the Government he is being charged with anti state activities, the learned minister said that all case are serious. Referring to Proshika episode he said materials obtained from Omar Tareq Choudhury are detrimental to the image of the country, hence he and his another colleague must face sedition case. The court will see if the ministerial actions and steps are correct or not.

When asked by the BBC Mrs. Geetiara Nasrin said the allegation against her husband was really painful to her. She said, " Me and my husband were in the same profession before we went abroad. After coming back we returned to our old profession. We have come to our country in spite of some difficulties and inconvenience, not to be called as anti state element.

BBC asked Dr Kamal Hosian, a leading lawyer and a leader of a political party if the materials seized by the police from could be a basis of sedition charge. Dr. Hosin said before a serious charge like sedition is brought in the government must understand the law and its full implication. The police or the government must seriously think that activities for which the sedition charge is brought in are really of that serious nature. The activities must be so dangerous that these actions could be serious threat to the sovereignty of the country. Are those charges really a threat to the sovereignty of the Country - Government must think very seriously before a sedition case is framed? In most cases it can not be established.    

What really seized by the police?

1.      Photocopy of two articles from messenger Azharul of Proshika.

            1. Agargaoner Amtoli Uchhed - Mahumudul Haque.

            2. Hindu dharmablambider opar Nirjataner Mamla - Tanim Hosain Saon

Both the article written in Bangla has been published in a Bengali bulletin "Ainer Katha (March issue 2002) published by Ain o Salis Kendra (Centre for Law and Mediation).

There are three more article in the same issue: These are (1) Aingata Shayata Pradan Ain 2000- Tariqul Islam Khan, (2) Sthaniya Sarkar Prasasane Mahilader Abasthan - Shamima Perveen, (3) Biyete Narir Matamat- Urmi Rahman, (4) Ekti Moukhik Talak- Dilip Khan. None of the article published in Ainer Katha, nor the bulletin itself was proscribed. Question may be asked then why Azahar would arrested then for the possession of those fully legal article. If possession of those articles is treated as seditious articles then, Publisher i.e. Ain Salis Kendra, and authors must face more seditious charges than Azahar.

2.      Other two documents are mere receipts of a courier service. By confiscating these receipts one can not prove that materials sent are seditious materials. What an illogically logical conclusion. If this is the level of intelligence of our police administration then we have little hope for our country.

In my next dispatch I would try to show what these articles really contain.

High court issued Show cause notice: 

A show cause notice was served to the District Commissioner, IGP, and Internal affairs Secretary by the High court bench consisting of Justice Abdul Matin, and Justice Marziul Haque asking them to show cause within seven days why the detention order against Omar Tareq Choudhury and Azharul Haque would not be declared illegal. The order was issued by the high court yesterday, 16^th March in two separate writ petitions one filed by Mrs. Geetiara Nasrin another by Dr. Mamun, brother of Azharul Haque. The writ was moved by Barrister Dr. Kamal Hosain and Barrister Tanjibul Alam.