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Rumi Ahmed
18 July, 2010. USA

Updated: Amar Desh online version again available.

Article 39 of the Constitution of Bangladesh:

39. Freedom of thought and conscience, and of speech.
(1) Freedom or thought and conscience is guaranteed.
(2) Subject to any reasonable restrictions imposed by law in the interests of the security of
the State, friendly relations with foreign states, public order, decency or morality, or in relation
to contempt of court, defamation or incitement to an offence-
(a) the right of every citizen of freedom of speech and expression; and freedom of the
press, are guaranteed.

Bangladesh Supreme Court just struck down the Awami League government’s ban on popular newspaper Amar Desh. Amar Desh online version is now available.

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Based on precedence of two previous cases concerning Daily Ittefaq and Daily Banglar Bani, this verdict was very straightforward and expected. Accordingly High court verdict came with very clear judgment and an appeal by the government was a very shameful and surprising act. Esp when the government itself declared that Government had nothing to do with the ban, it was done by the district administrator of Dhaka.  And more shameful and less surprising was the act of the chamber judge of Supreme Court, Justice S K Sinha. Without letting any hearing to be allowed, he simply stayed the judgment of High court.

It is shameful because the chamber judge just violated his oath to uphold Bangladesh Constitution by allowing a Newspaper to remain closed illegally. It is not surprising considering the precedences in which  the court of the Chamber Judge is being used more frequently by the government to stall high court verdicts unfavorable to the Government.

More interestingly a case in pending in the Supreme Court in this regard. A contempt of court case was filed against Amar Desh editor Mr. Mahmudur Rahman  because Amar Desh quoted a senior lawyer of the supreme court, suggesting the same allegation against the chamber bench. In the report Daily Amar Desh quoted senior most lawyer of Supreme court and ex justice Mr TH Khan as saying, ” Chamber Judge means a stay of high court order”.

And yet more interesting was the fact that Mr Mahmudur Rahman is now ‘shown arrested’ in a case of anti corruption Commission for not submitting wealth report. In a recent spate of Supreme Court verdicts,  all acts of anti corruption commission were deemed illegal. Persons convicted by ACC are all set free and many of them are in important positions of current government. Even our current prime Minister challenged the wealth submission order of ACC, never submitted her wealth report and fought a lengthy court battle.

Sometimes, acts of the government, its law enforcement apparatus and the attorney General’s office seems bizarre. Yet again, more bizarre is the silence of the collective conscience of the country, our columnists-our editors-our TV anchors, regarding this total mindless acts of our government.

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Rumi Ahmed is a Bangladeshi blogger contributing from United States.

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xanthis
September 27, 2008.

It’s not important that whether this is fortunate or unfortunate, but we are always to stuck some phrases and the political circumstances constantly precipitate our discussions to move towards those words. Prior to the January 11, 2007 coup d’état, the word banging our skulls was, ‘Dialogue’ (Bengali: সংলাপ). Every evening we were used to watch news in TV channels with video clips of Abdul Mannan Bhuiyan and Abdul Jalil. Smiles they were used to have was more friendly than necessary, that many suspected whether they are on the discussion of becoming in-laws in some consent. It’s clear that they were not talking about being in-laws as they have not been in-laws till today. But, this is never to be unfolded that what really these two guys had been talking about for five long days in the North Plaza of Bangladesh Jatiyo Shangshad.

Immediately after the coup d’état of January 2007, two words that have taught us and made us through all possible levels and layers of annoying monotony on earth, were ‘Corruption’ (Bengali: দূর্নীতি) and ‘Reformation’ (Bengali: সংস্কার) After going through a high quality X-ray test, the regime finally completed the list of leaders from all over the countries whose spines were subsequently missing, although they could stand straight. May be it was their standing straight without a backbone which impressed the regime; they were all admitted to the School of Reformation. Pickups from BNP got their graduation in October 29, 2007, whereas the whole studies of Awami League leaders were a complete covert effort. They were either given high quality lectures, or the lectures were so poor that they cannot act constantly in a flow, sometimes talk completely contradictory to the lectures they were given, again sometimes talk exactly how they are supposed to talk after reformation learning. However, after Begum Zia was released in bail, the BNP reformist pickups deserted their reformation alumni at a row, so the reformation word now is a bit suppressed, or you can say dropped.

Well, these are all old stories, but important. We were talking about words at hike. And beyond all suspicions, the word that is now trailing our ears aggravatingly is, ‘Dialogue between Two Leaders’ (Bengali: দুই নেত্রীর মধ্যকার সংলাপ). With the blessings of FBCCI leader and ‘progressive’ and ‘shushil’ businessman Anisul Haque and astray involvement of the 1/11 regime, Barrister Rafiqul Haque’s slack proposal for sake of words now have been the word to entitle the lead political news reports of media. The involvement of this regime in this case is the counted one. According to straight-forward talker Barrister Haque, we’ve learnt that Advisor Hossain Zillur phoned him at that very night of his statements at High Court office, to let him know that the regime is interested immensely to be a hand to the effort to combine two leaders at a table.

BNP-AL unity, two leaders embracing each other, resolving all political complicacies, these words have shiny attractive colours at the eyes of the media, as well as Anisul Haque and others of his type feel immensely glad to come to the media with these gaudies. We must not forget FBCCI President Abdul Awaal Mintu in 2001 presented a boat-printed sari to Sheikh Hasina and a paddy-printed sari to Khaleda in order to bring peace over this country. I don’t know where those saris presently are, but what I know is the outcome of those attempts was zero. If this memory recall sounds like I’m discouraging Anisul Haque to combine two leaders, well, the recall doesn’t sound that wrong.

The government have many questions to be asked about their interest behind having two leaders together in a dialogue. First question will arise about their own stance. They want two leaders talking to each other, but for what? In what point they’ll be insisted to come to agreement? Hossain Zillur Rahman consequently hails honesty and sincerity in the intension of the regime. But by showing strictness, the regime can’t have two leaders agreeing with them. They are adamant about having the elections amid state of emergency. They are adamant about having two elections back to back. Whereas our two political parties are almost similar in following issues:-

• The election in no way and no way can be held amid state of emergency. There is no utility of lifting it hours before the dawn of election date. It must be lifted, some weeks before the election.

• Upazilla election cannot be carried on seven days after the general election. In general election, candidates will have to reach people through grass-root leaders and activists. But grass-root leaders will be already campaigning for the Upazilla election where many of them will be candidates. In the circumstances, the whole campaign will be a complete mismanagement.

• There should be councils before having the parties approving any proposal from the government. The communication with all layers of party activists must take place. This is the prerequisite of democratization of political parties that the present 1/11 regime has been hailing like তোতাপাখি (parrot).

But here this is the other part of regime’s deliberation of arranging Khaleda-Hasina dialogue, where they’ve sternly turned down all these three points of unity of two parties. CEC Shamsul Huda in Dhaka, Hossain Zillur Rahman is Washington and D. Fakhruddin Ahmed in New York, have been saying, “There will be no problems with back to back elections!!! There will be no problems with back to back elections!!!” But we must not reproach the reality. It’s easy for a school to take back to back exams in its rooms. Teachers won’t have it as a big deal to invigilate back to back exams if they are provided with enough rounds of tea with biscuits and most importantly special allowances. But the students will be losing momentum and confidences to sit for both the exams. What would happen if the CEC Shamsul Huda were set to sit for matriculation exam and intermediate exam in one week? In that case he were not the one be the CEC today for sure.

Many have become quite relaxed after D. Fakhruddin’s addressing to the nation that the confusion over state of emergency is almost over. This is ridiculous. At the initial stage of 1/11 government when almost only person who knew to talk in Bangladesh was Barrister Mainul Hussain, who subsequently tried to debate in favor of carrying on election amid emergency rules. Barrister Hassan Arif several times stated that it’s possible to go for any election amid emergency rules. Gen. Matin, because of not being a guy of the courts, didn’t stated anything directly, but told the regime will consult its lawyers to explore resorts to hold the election amid emergency rules. Because of this is the emergency rules, nobody dared to ask any adviser that why the emergency ain’t lifted. This question will be a direct hit to the foundation of this regime which is extremely weak and fragile. Having a lawsuit being carried on in Supreme Court which challenges the regime of its legality and lawfulness of existence, this regime’s situation is enormously vulnerable and in the circumstance, they must come to agreement with political parties in issues of emergency rules and back to back election controversies. Before looking for the agenda of two leaders’ dialogue, they must take care of the one which is already an agenda at the agreement of BNP and Awami League.

icon for podpress The New Age Editor Nurul Kabir speaks to BBC Play Now | Download

Now, about the dialogue between two leaders. My personal observation is no such thing is going to take place in near future. I can see the attitude of Amir Hussain Amu. I can see the statements coming out of Suranjit Sengupta’s mouth. Shameless word selection of Abdur Razzaq in working committee meeting is also taken under consideration. This is almost clear that these three leaders, Amir Hussain Amu, Suranjit Sengupta and Abdur Razzaq, in no way are interested to have the two leaders dialogue to turn to reality. Sheikh Hasina still ain’t a free lady as Khaleda Zia is. But the momentum is stepping ahead in such way where we will have her free in some days. After getting free, she should recollect what happened to the party in last 18 months and what roles these three leaders played. This will be totally unexpected if these three leaders are taken back to positions those they held before 1/11. Bashing the family members of opponents is the way Amu, Suranjit and Razzaq have chosen to reconcile whatever they have learned from School of Reformation. But Sheikh Hasina must be good enough to recognize this. This will be a total discouragement for other loyal AL leaders if they see these three are forgone untouched. If Sheikh Hasina is going to take steps against backstabbing tendency of these three leaders, we can have hope of a dialogue. Otherwise, there is no way for the dialogue to be a reality. Though a dialogue (may be of month long) cannot solve all political disputes overnight, but the socialization of two top leaders I think should be considered.

Not in order to have political solutions overnight, just for sake of being less aggressive in future, the socialization of these two leaders are very important. And FBCCI President Anisul Haque is not the guy for this job. Barrister Rafiqul Haque is okay, he helped both of the ladies to bail out of the hell, and he is trusted by both of the ladies. Two parties too can take the initiative. I’ll prefer initiatives taken by Khandoker Delwar Hussain and Zillur Rahman. B

icon for podpress BC Interviews Syed Ashraf and Khandoker Delwar: Play Now | Download

But FBCCI, BGMEA, Anisul Haque and bla bla, really should mind business.

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