From Prof. Ajoy Roy, Dhaka
To : mukto-mona@yahoogroups.com
Subject: Proshika Episode: Employees face Seditious Charge"
Dear Mukto-Monas,
In my earlier dispatch I promised to give the contents of anti state materials confiscated by the police from Proshika Messenger Azharul Haque. Following is one articles written by Tanim Hosain Shaon has been found in possesion of Azharul which according police source is a proof of seditious material. The reader himself can form his opinion by going through the article.It was published in March 2002 issue of Ainer Katha, a bulletin in Bangla published by ASK.
Ajoy Roy
Contents of two articles:
AINER KATHA March 2002
(Message of Laws)
Published by
AIN O SALIS KENDRA (Centre of Law and mediation)
26/3 Purana Paltan Line, Dhaka 1000.
Article No. 1
Case Against Repression on Hindu Religious Community
- Tanim Hosain Shaon
Reports on repression on religious minorities, particularly on Hindus were pouring in and published in the local dailies following the announcement Election Tafsil (schedule) (Programme) of general election of October 1, 2001. On all a sudden these type of events spread throughout the country with fearful dimension. According to the opinions expressed in the local dailies the object of creating large-scale terrorism in the areas where significant number of Hindus live was to create panic among the Hindu voters so that they refrain from casting votes independently to candidate(s) of their choice. According to the same opinion police were found inactive in most troubled spots, which resulted in fleeing those voters to safer place out of fear of life. From the collection of 'Information preservation' unit of AIN O SALIS KENDRA (ASK) it is learnt that there were 164 such events relating to repression on Hindus, Threat, Physical torture, looting, ransacking, setting of fire, extortion bomb-blasting; these took place during the period from 15th September to 1st October, 2001. In those events 5 persons were killed, 4 women raped, 110 persons injured, exposed to other form of sexual repression 6, one person was abducted. Most of the victims belong to Hindu community. Even on the day of election, i.e. on 1st October, in different places of the country assaults, repression, and different types of threats had been carried on Hindus so that they could be refrained from going to polling stations. In many areas, in order to escape from such atrocious attacks they had to take shelter in police stations and other law and order maintaining agencies. It is learnt from later reports of different election monitoring bodies, National and international, that on the Election Day Hindus were exposed terrorism in order to barring them voting in free and fair manner.
But repression on the Hindu Community increased manifold following the election days. With the publication of election result the situation in the country in respect of law and order deteriorated to an alarmingly low level. In a conservative estimate it is found that from 1st - 27th October 2001 number of events relating to assaults, threats, looting, ransacking is 449. 12 persons killed, raped 57, injured 556, 58 suffered from other form of sexual violence and abducted 13. All events related to Hindu religious minorities. During these period 902 houses of Hindu families, 123 business establishments of Hindu owners, 70 temples and places of worship were destroyed. In most places police administration was found to be inactive, and in many places it gave indulgence to the terrorists and assault-makers. Although in some microscopic cases had been filed, but because of the inaction of the police and political pressure, little progress could be made. On the contrary the complainants were further exposed to severe torture for revenge. Under this backdrop ASK decided to ask for High Court to intervene by filing a case related to public interest. When individual(s) of group of individuals of the affected people fail to take shelter of the law, then a case related to public interest may act as an effective means to restore the collective rights of those affected group of peoples. The characteristic of such case related to public interest is that the whole or a section of the affected peoples form the subject matter of the case. The object of filing such case is to establish collective and social justice and criterion or determinant factor is the public interest and individual interest. Keeping this in mind Ain O Salis Kendra submitted a writ petition in the High court division of the Supreme Court on 24th November 2001 ( no 6556/2001). Plaintiff of the writ is ASK, and defendants are Government of Bangladesh (via Secretary of interior affairs) and Inspector General of Police (IGP).
In this petition the background of the repression on Hindu minorities before and immediately following election has been portrayed. A significant number of events as reported in local dailies, and some obtained by the survey reports of ASK team were mentioned in the writ petition.
Daily Prothom Alo, 7th October, 2001 reports that terrorists looted the houses of poor Hindus in Chandina, Devidwar, and Chauddagram of the district of Commilla, and those poor villagers belonging to Hindu community are living in panic. The same daily reported on 6th October the news repression on Hindu communities in Kishoreganj district, SharanKhola of Bagerhat district, Baufal and Jhalokathi of Patuakhali district, Manikganj, and Narail. On 11th October it was reported that houses of Hindu families in Bhanga and Nagarkanda of Fardipur, Patharghata and Amtoli of Barguna ransacked and looted, deities broken and repression on women carried on. In the same daily news of repression on Hindu minorities in the localities of Kishoreganj, Bagerhat, Patuakhali, Jhalokathi, Manikganj and Narail was published on 12th October. News of extortion of money, looting assaults on minorities living in Munshiganj, Bagerhat, Shariatpur, and Nwabganj districts found place in the same daily on 15th October. The terrorists were threatening the Hindu inhabitants of Bujurkhola of Bagmara upazila under the district of Rajshahi.
The daily Jugantar reported on 12th October news of repression of religious Hindu minorities in the localities of Agailjhara of Barisal, Alfadanga of Faridpur, Kaliganj of Jhenaidaha, Kapasia of Gazipur. Breaking of Hindu icons, and violation of holy books of the Hindus.
On 12th October Daily Janakantha reported that about 15 thousands men and women of Hindu religious minority families fleeing from five districts adjacent to Gopalganj district took shelter at Ramsheel bazar of Gopalganj after being tortured and assaulted by the miscreants. The Ittefaq of 15th October published a report stating that Hindu religious minorities were being constantly assaulted and were victims of repression of various kinds; even their temples were broken by the persons belonging to part in power. Bhorer Kagoj of 13th October informed that even after assurance given by administration the refugees in Ramsheel were afraid of returning to their houses. The feared that if the return to their home cases against them might be lodged for revenge. A report published in Sangbad of 11th October said that in Rajshahi the religious minorities as well as ethnic minorities were the victims of repression- they were under constant threat, assault; their deities were broken and temples molested.
The paper clippings narrating these stories of repression have been attached with the writ petition.
A separate paragraph of the petition deals separately with repression on Hindu women. It is stated there that the oppressed women were so afraid that they did not dare to speak out repression done on to them out of fear.
It is learnt that in Khanja union of Gaurnadi upazila under Barisal district group miscreants tied up two brothers of a Hindu family at gunpoint, and then raped their wives. This report was published in Sangbad on 16th October. A Hindu college girl of village Azimnagar of Bhanga upazila under Faridpur district was raped- reported Sangbad on 16th October. According to Prathom Alo of 24th October, a large number of villagers belonging to Hindu minority community of different villages under Lalmohan upazila took shelter at Vendorbari village out of panic and fear. On October 2 night the miscreants attacked them and raped at least 4 girls including a girl of 8 year old. The daily Sangbad reported in its 12 th October issue that one collage girl of a Hindu family at Banglabazar under Munshiganj upazilla, and two school girls of the same locality were abducted by the miscreants. According to Janakantha of 13th October a large number of Hindu women were the victims of gang raping in large scale. In Baraipara village a pregnant girl was gang raped by 20-22 monsters. According to Daily Ittefaq of 15th October, a group of miscreant gang raped wife, sister and daughter of one Pabitra Kumar of village Bazar Char under Charmonai union of Ps Kotwali of district Barisal. Four days back their houses were burnt. A School going girl named Purnima Rani Shil of Ullapara union of district Sirajganj was gang raped by a group of miscreants. This was reported by Bhorer Kagoj of 29th October. In all those cases of raping the connected miscreants continuously threatened the victims not to file any case against them. If they did so, serious consequence would befall on them. The photocopies of these reports were attached with the writ.
On the basis of the reports of repression on minorities a table of 300 cases was prepared by ASK's information preservation unit. The table was attached with the writ in order to appraise the high court dimension of repression-events and their inter relation.
Not only the published reports, the reports made on the basis on the spot survey made by the information-investigation team of ASK were enclosed with the writ. The report depicted the story of repression of the minority families taking shelter at Ramsheel, their plight, misfortune and sorrow. Investigating team of ASK found that Hindu families of Gaurnadi and Agailjhara fleeing from their houses took shelter at Ramsheel following inhuman torture and repression. The investigating tem also found that properties of Hindu minorities in the localities of Kesabpur and Monirampur of Jessore were looted, destroyed and lives threatened by the miscreants.
Writ petition mentioned that in spite of the verbal direction and assurance of the Prime Minister and Interior Minister situation did not materially change, and repression continued unabated. Following these assurances the terrorists activities committed on 5th November at Upazila Mireswari of district Chittagong is a proof to this point. The report prepared by ASK on these events showed that a group of miscreants attacked the Hindu families in those villages of the upazila and killed a well-respected saint (sandhu) name Sunil Das. In the assault several persons were injured. The miscreants also destroyed the propitious of the Hindu families. The armed terrorist also threatened the villagers that if they did not embrace Islam within 10 days; they would come back with vengeance. The victims, as result of this serious threat did not dare to inform the police or file a case.
Referencing the source of paper reports and news collected from electronic media, the writ drew the attention of the High Court that as a result of these violence and serious repression and continued threat a large number of Hindu families were taking shelter in India. Daily Star of 30th October reported that hundreds of Hindu families of Bangladesh took shelter in India. They are either living in refugee camps or with their distant relatives. According to Jugantor of 10th October Hindu families from the villages of Greater Dinajpur, Rangpur, Pabna, and Rajshahi were leaving the country out of fear. The same daily of 9th October reported that Bangladeshi Hindus of south-western areas of the country were crossing into India out of fear of lives. According to Bhorer Kagoj of 15th October, more than two thousands panic stricken and repressed Hindu minorities of Barisal, Mymensingh, Tangail, and Rangpur took shelter in India crossing the border of Lamonirrhat and Kurigram within the last seven days. While crossing the border out of fear a big team of 99 persons mostly of Hindus was arrested by BDR- reported Prathom Alo on 14th October. In the same locality another 124 persons were arrested while trying to cross over to India. The Prothom Alo reported on 11th November that a terrorized Hindu family while trying to enter India via Raiganj border one boy and a girl of the family lost lives when BDR opened fire. Another 22 families were also arrested according to Prothom Alo of 14th November. In a similar event 14 members of 3 Hindu families were arrested by BDR reported Sangbad on 20th November when they were trying to escape into India under the cover of darkness of the night. They informed they were fleeing from the country out of fear following repression on them in the post election days. According to a report published in Janakantha of 4th November, even the Deputy High Commissioner of Bangladesh at Calcutta admitted to the news media of India that following the general election Bangladeshi nationals took shelter in India. He further said that the Bangladesh government would take appropriate measure to take them back. All these reports were attached with the writ and writ contended that these events constituted a clearly proof that a large number of peoples belonging to Hindu religious minority after becoming victims of intolerable oppression and torture were taking shelter in a foreign country leaving behind their houses, properties and wealth.
The writ pointed out that the government failed to fulfill their obligation and duty to protect lives and properties of the people and preserve and ensure their fundamental human rights. It is the constitutional y obligatory duty of an elected government. The authority concerned is not doing enough to meet the situation. Even after the clear assurance and instruction from the Prime minister and the interior minister the whole episode was being looked into from the narrow partisan angle. The preliminary hearing on the writ was held 24th November, 2001. On the same the high court bench constituted of Justice Abdul Matin and Justice Marziul Huq issued a rule-nishi asking the Government to show cause why the government will not be charged with failure of constitutional obligation to stop terrorist assault and repression on Hindu religious minorities. The bench further issued show cause why the government would not be asked to take appropriate measure to fulfil its constitutional obligation in this regard.
The next hearing took place on 27th November. After the hearing the high court bench asked the government to show cause why the court would not instruct the government to punish those culprits involved in committing repression and torture on Hindu religious minorities. The court also instructed the government to make an enquiry and submit its findings within 15 days to the bench. The government pleaded for time for show cause notice and enquiry report.
Even after these clear instructions issued to the government by the high court bench, the violence against Hindu minorities were continuing unabated. The ASK again conducted an investigation at field level. Based on this follow-up survey, a supplementary report was submitted through an affidavit to the court on 14th January 2001. The supplementary report showed that various kinds of repression were committed against the Hindu minority families such as Raping, Looting, Physical torture, and different types of threats. In all most every cases the police and administration played a very silent role. The SI of Agailjhara Police station under Barisal, Mr. Golum Mostafa, had the audacity of reporting that " During AL days some times terrorism and atrocity were committed; then constable, police officer, and OC were all Hindus. They did not take any case; no production given. As a result after the election there were some terrorism but only for taking revenge. The OC in charge Mahbubul Haque (Mamun) of the police station told the investigation team that no repressive events took place against the Hindus in this locality, further saying "Those Awami leaguers committed violence the present violence were being directed against them. " The Additional District Magistrate of Barisal expressed similar sentiments to the investigating team of ASK. After examining the supplementary report the bench issued an instruction to the government asking it to submit its report on every case mentioned in the ASK's supplementary report. The High Court bench would fix the next date of hearing after government submits its report to the High court.
[translation by Ajoy Roy]
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