Dear Mukto-Monas,

Now that March 26 is knocking at the door, a vile campaign is underway in Bangladesh to distort the history of our glorious independence movement. The ruling BNP is trying their best to credit the then Major Ziaur Rahman for an announcement that he made on behalf of Awami Chief Sheikh Mujib.

I found the following article in today's (Mar 24, 2002) The Bangladesh Observer, which addresses the same question, i.e., who did declare the independence of Bangladesh. The author, A.M. Abdus Sattar, put together a write-up on this topic that is verifiable and it bears truth. I hope this article will thwart the evil design of BNP. By creating a miasma over this declaration issue, the BNP and its Islamic alliance members are trying to divide our people in Bangladesh. A nation that distorts its history of independence movement is bound to suffer. Let us thwart their effort and establish the fact over a folk lore the ruling party is trying so hard to establish Ziaur Rahman -- a despot -- as one of the founding fathers of Bangladesh.

Sincerely,

A.H. Jaffor Ullah
--

The Declaration Of Independence  

On 26th March, 1971  

By A. M. Abdus Sattar  

I made extensive research to find out who first made the declaration of independence and when My finding are in brief, inter alia, as follows:  

1. Bangabandhu seems to have made two declarations of independence-one at about midnight and another after the crackdown of the Pakistan Army in the EPR Camp at Peelkhana and the Police Headquarters at Rajarbagh. The first declaration was in the following terms:  

"This may be last massage. From today Bangladesh is independent. I call upon the people of Bangladesh wherever you might be and with whatever you have to resist the army of occupation to the last. Your fight must go on until the last soldier of the Pakistan occupation army is expelled from the soil of Bangladesh and final victory is achieved." This declaration was circulated throughout Bangladesh through T &T/EPR wireless at about 12 P.M. of 25th March, 1971. Zahur Ahmed Chowdhury, an Awami League leader and friend of Bangabandhu, received and M. A. Hannan, Secretary, Chittagong District Awami League, took steps to translate into Bangla and cyclostyle it and then to distribute copies in the Chittagong town. That Bangabandhu had declared independence was also announced through microphones in that very night there.  

2. The second declaration was in the following terms:

"Pak Army suddenly attacked E.P.R. Base at Peelkhana, Rajarbag Police Line and killing citizens. Street battles are going on in every street of Dacca, Chittagong. I appeal to the nations of the world for help. Our freedom fighters are gallantly fighting with the enemies to free the motherland. I appeal and order you all in the name of Almighty Allah to fight to the last drop of blood to liberate the country. Ask Police, E.P.R. Bengal Regiment and Ansar to stand by you and to fight. No compromise. Victory is ours. Drive out the last enemy from the holy soil of motherland. Convey this message to all Awami League leaders, workers and other patriots and lovers of freedom. May Allah bless you. "Joi Bangla" SK. Mujibur Rahman  

This declaration also was sent by Bangabandhu through wireless to Chittagong. His friend Zahur Ahmed Chowdhury, received a copy of the said declaration and handed it over to M.A. Hannan. He rendered it into Bangla and a statement based on it was broadcast by him over Chittagong Radio at about 2-30 P. M. on 26th March, 1971, (there are different versions about the time) by getting the radio set in motion for about 5 minutes.  

3. Bangabandhu’s Declaration of Independence was received in Chittagong at dead of might and it was circulated in different ways during the night following 25th March, 1971 and also the following day (26th March) through handbill etc. in Chittagong.  

4. I received this second declaration of independence on the morning of 26th March, 1971. The local E. P. R. office sent a copy of this declaration to the Mymensigh District Awami League Office located at Ganginorpur. I rendered it into Bangla. It was got printed in the local Ruby Press and distributed among the people. I was then Vice-President, Mymensigh District Awami League.  

5. On the initiative primarily of Belal Mohammad the Transmitting Centre of Chittagong Radio situated at Kalurghat Swadhin Bangla Biplobi Betar Kendra (the word ‘Biplobi’ was dropped after 2 days) was installed with the help of the employees of Chittagong Radio and some others. It started functioning formally from 7-40 P. M. of 26th March 1971. M. A. Hannan broadcast from here again his earlier announcement that Bangabandhu had declared independence.  

6. Major Ziaur Rahman was asked by his Commanding Officer Lt. Col. Zanjua, a West Pakistani, to continue unloading the arms and ammunitions from M.V. Swat as on 25th and 26th March, 1971 and was put in a truck of the Navy by Zanjua himself at 11-30 P.M. on 26th March, 1971, to proceed to the Chittagong Port. But, Ziaur Rahman was obstructed by a huge barricade put up on the way by the people and had to stop when Captain Khalequzzaman Chowdhury got down from his "dodge" can and, practically dragging him away to the side of the road, informed Major Ziaur Rahman of the attack of the West Pakistanis already launched on the Bangalees. Major Ziaur Rahman then clearly realized that his life was at stake. He, went back and arrested Zanjua. With many other officers and jawans, he revolted at 2-15 A. M. of 27th March, 1971 and proceeded towards a safe place. He was found out at Patia and requested to arrange for security of the newly installed Kalurghat Swadhin Bangla Biplobi Betar Kendra by Belal Mohammad. Along with other officers, Major Ziaur Rahman reached there on the evening of 27th March, 1971. At the instance of Belal Mohammad a declaration of independence was prepared and it was broadcast in the evening session (i.e. at night) of 27th March, 1971, by Ziaur Rahman, saying, inter alia, "On behalf of our great national leader Bangabandhu Sheikh Mujibur Rahman" and ending with "Joy Bangla". On the following morning (28th March) Ziaur Rahman made another declaration mentioning himself as "Provisional Head of Bangladesh". This evoked sharp criticism from everybody including A. K. Khan, an ex-minister, who intervened and convinced Ziaur Rahman that he had no such authority, nor had he the power to shoulder such a responsibility and that only Bangabandhu Sheikh Mujib had that mandate. A. K. Khan prepared and accordingly Ziaur Rahman made his third declaration in the name of Bangabandhu Sheikh Mujibur Rahman on 28th March, 1971and thereafter.  

7. According to another version Awami League leader and then M.P.A Akhtaruzzaman Chowdhury Babu, suggested to Major Ziaur Rahman that, if as an army officer he made a declaration of independence again on behalf of Bangabandhu, the Bangalee army officers would join the revolt. Initially he expressed some difficulty in doing so as an army officer, but on an assurance given by Akhtaruzzaman Babu that all help would be given to him in case of any difficulty Ziaur Rahman agreed to make a declaration of independence on behalf of Bangabandhu which he did from Kalurghat Biplobi Betar Kendra and naturally it had its effect.  

8. During his life time Ziaur Rahman acknowledged that he had made the declaration of independence on behalf of Bangabandhu on 27th March, and respectfully acknowledged Bangabandhu as Father of the Nation.

Reference to different authorities would make this write-up too long and rather cumbersome. So some facts in a concise form are given above.  

Now the question is: What is the relevancy of distorting of fact of history, ascribing something to Ziaur Rahman which he himself in his life time did never claim and re-writing history and printing students text-books involving a huge amount of public money? Ziaur Rahman admitted in different ways that he had declared independence "on behalf of our great leader Bangabandhu Sheikh Mujibur Rahman on 27th March, 1971, from Kalurghat Biplobi Betar Kendra" and acknowledged Bangabandhu as Father of the Nation in his article published in the weekly periodical Bichitra of 26th March, 1974.  

In the present Bangladesh context by distorting history to glorify Ziaur Rahman the protagonists thereof are in reality desecrating his memory. Whether one likes Sheikh Mujib or not, he shall remain in history as the dreamer and architect of Bangladesh.  

Further, this declaration of independence was incorporated by the elected representatives of Bangladesh in their Proclamation of Independence on 10th April, 1971, and the Government of the People’s Republic of Bangladesh was sworn in on 17th April,1971, with Bangabandhu Sheikh Mujibur Rahman as its President. Major Ziaur Rahman was appointed a Sector Commander under the said government and later on a Brigade Commander. This Proclamation of Independence has become part of our constitution (Paragraph 3 (1) of the Fourth Schedule). Anything done in contravention of any provision of the constitution is illegal and void.  

Now let us look back to the facts of history.  

Pakistan emerged as a new country on 14th August, 1947, Soon after its creation it came to be felt by the Bangalees that the ruling elite in West Pakistan consisting of the army and the civil bureaucracy, the feudals and the business magnates who had migrated from India, were arrogating to themselves the fruits of freedom in all spheres of the national life. The first major blow to the Bangalees came on the question of their demand to make Bangla one of the state languages of Pakistan. It culminated in the shedding of blood on 21st February, 1952, and the following day. This set the whole of East Bengal ablaze with anger and resentment against the West Pakistanis. Mohammad Ali Jinnah’s arrogant statement on 21st March, 1948, in the Racecourse maidan (now Suhrawardy Udyan) and repeated on 24th March, 1948, in the Dhaka University Convocation address generated a new sense of separateness among the Bangalees about their distinct identity as Bangalees. Agitation of the Bangalees moved apace. There was the general election in 1954 and the United Front with its, 21-point programme presented before the people of East Bengal won a landslide victory, sweeping away the Muslim League from the political area of East Bengal. Martial Law was clamped on 7th October, 1958, by Iskander Mirza who was overthrown by Ayub Khan on 27th October, 1958.  

Thereafter, there was the 17-day Indo-Pakistan war commencing on 6th September, 1965. During that period India could have easily occupied East Pakistan, but did not, Sheikh Mujibur Rahman who had harboured the idea of an independent Bangladesh took full advantage of the situation. In the National Conference in Lahore he floated his historic 6-point programme on 5th February, 1966. Overtly it was a programme for autonomy, but covertly it was a programme for eventual independence for Bangladesh. Sheikh Mujib and his party Awami League carried the message of the programme throughout East Pakistan and the people overwhelmingly accepted it.  

The Agartala Conspiracy Case with Sheikh Mujibur Rahman as the main accused created such a revulsion in the whole of East Pakistan that Ayub Khan had to quit, handing over power to General Yahya Khan. Yahya Khan announced a general election throughout Pakistan on the basis of one man, one vote. Awami League secured 167 seats out of 169 for East Pakistan, thus becoming an absolute majority party in the National Assembly of Pakistan, having 167 seats out of 313 seats for the whole of Pakistan. Election to the women seats could not be held.

Yahya Khan called a sitting the National Assembly for 3rd March. 1971, but on 1st March, 1971 he abruptly prorogued the sitting of the National Assembly sine die. This was a clear manifestation of the conspiracy of the Pakistan’s coterie including Z. A Bhutto to frustrate the result of the election and not to hand over power to Awami League.  

A non-cooperation movement was started and the whole civil administration took orders from Bangabandhu. Pakistani’s authority remained confined in the cantonment only.  

Earlier, the Awami League Parliamentary Party had elected Sheikh Mujibur Rahman Leader and Syed Nazrul Islam Assistant Leader of the Parliamentary Party and the Sheikh was given power to take any steps he deemed necessary for securing the rights of the people. So Sheikh Mujib earned the de facto authority to rule East Pakistan (Bangladesh). He wielded greater authority in Bangladesh than Yahya Khan had in West Pakistan even, because Yahya Khan had no such mandate from the people anywhere in Pakistan. The Bangalee military officers and other Bangalee military personnel also in their hearts within had their allegiance to the Sheikh. In the eye of recognized international law Bangabandhu Sheikh Mujibur Rahman was the legitimate authority to rule Bangladesh while the Pakistan’s ruling elite headed by Yahya Khan was an alien power in Bangladesh inasmuch as the Awami League Parliamentary Party and its leader Bangabandhu embodied the sovereign will of the people of Bangladesh and had therefore the legitimate authority to declare the independence of Bangladesh which was a juridical act in continuation of the de factor authority he was exercising by the all-out non-cooperation movement against the alien power. This was in consonance with the intentionally accepted principles. Ziaur Rahman’s declaration was a surrogate act on behalf of Bangabaundhu. The basis of the Declaration of Independence of America on July 4, 1776, in Philadelphia may be referred to herein below:  

"When in the Course of human Events, it becomes necessary for one People to dissolve the Political Bands which have connected them with another, and to assume among the Powers of the Earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent Respect to the Opinions of Mankind requires that they should declare the causes which impel them to the Separation.  

We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness. That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness, Prudence, indeed, will dictate that Governments long established should not be changed for light and transient Causes and accordingly all Experience hath shewn, that Mankind are more disposed to suffer, while Evils are sufferable, than to right themselves by abolishing the Forms to which they are accustomed. But when a long Train of Abuses and Usurpation pursuing invariably the same Object, evinces a Design to reduce them under absolute Despotism, it is their Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security".  

There were declarations of independence of "East Pakistan" (not Bangladesh) by Maulana Bhasani in his own ways, but those had no juridical value as he had no such mandate from the people. So none took notice of them.

As a matter of fact, none waited for a formal declaration of independence. Sporadic skirmishes had already begun in different places. Captain Rafiqul Islam of EPR had already revolted in Chittagong.  

Had there been no formal declaration of independence by Bangabandhu even on 26th March, 1971, there would have been the Mujibnagar Government representing the people of Bangladesh and the war of liberation conducted under its control, because the field was already made ready by 23 years of sustained movement for creation of such a situation and Bangabandhu’s March 7 speech was the de fact declaration of independence. The words used therein were superbly statesmanlike to preempt any scope for the alien enemy to swoop down on the people right then. There was therein a programme outlined for a guerrilla-type warfare. The Declaration of Independence by America was adopted by the Continental Congress by the Representatives of the United States of America in General Congress assembled. Freedom of a nation is achieved not by a sudden declaration by somebody, but by years of sustained struggle therefor.

Bangabandhu’s legitimacy to the fatherhood of the Bangalee nation cannot however, in any way detract from the very valuable contributions made by different personalities from time to time– the political leaders like Shere -E-Bangla A. K. Fazlul Huq, Maulana Bhasani, H. S. Suhrawardy and many other political leaders and workers and others in different fields in different ways from 1947 to 1971 and the sacrifices made by them to achieve freedom for Bangladesh.

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A.M. Abdus Sattar is a Senior Advocate of the Supreme Court of Bangladesh and a columnist. This article was published on March 24, 2002, in The Bangladesh Observer through whose courtesy it appears in NFB.