Peace is the Offspring of Justice
(Originally published online in 2013)
The instant assembly of the young generation at Shahbag was in response to the verdict of the ICT trial of Abdul Quader Mollah. Quader Mollah was sentenced to life imprisonment on 5 February 2013 despite the fact that the court found five of the six counts of charges for crimes against humanity proved. The prescribed highest punishment for the proved offences is death by hanging.
The findings of the court did not match the degree of punishment. Therefore it can be said that either the findings were wrong or the sentence was lenient. The young generation saw the sentencing as collusion between the ruling party and the Jamat-e-Islam for long-term political gain in the ensuing election. The intention of the ruling party became clear and the young generation had no alternative but to demand capital punishment. The demand gained momentum and attracted support of the common people and thus a heinous design of the government was compromised. The government had to move away from such a conspiracy of forming the next government in the coming election by comforting Jamaat.
Occupy Shahbag movement is definitely an outcome of the political vacuum created recently due to differences between the two major political parties. The trust of the common people in both the major political parties is fast fading. The apple of discord is the caretaker government issue. The government has obtained a verdict from the highest court of the country to do away with the caretaker government. There are many controversies regarding the verdict. But the fact is that, an issue affecting the constitution and the political culture should have been resolved through a referendum. Referendum is an accepted democratic practice which could have resolved the issue. The court is not an alternative platform for the judgment of public opinion. The public had no participation in the decision making. On the other hand the public was gagged on this issue due to fears of contempt and accusations of treason.
Occupy Shahbag movement can be likened to many other similar movements that have occurred around the world in recent years. The Shahbag movement was started by a community of bloggers who come from well-to-do families owning computers and social network gadgets. All of them are literate and young. They want change. The change that is necessary. People have predicted that this movement will become a 3rd force. The Shahbag movement could be one if it was allowed to move in its own direction. Some activities of this movement now seem misguided or misdirected, infiltrated by political elements and several organizations. Attacks on Islamic Banks and Islamic institutions, call for boycott of some groups, labeling people as Razakars or Patriots are all ominous signs of religious persecution. This movement has called for banning Jamaat e Islami and its subsidiary student and other organizations. This movement has given an ultimatum to the court to issue guilty verdict and sentencing to death.
Religion is the greatest binding force for people. This is a historical truth. Bangladesh is bound by this faith. Despite being a Muslim majority all the minority communities had been living in peace and harmony. But the division created by the controversy of trials will take a long time to heal. Every one wants justice. This justice must not only be delivered, but must be seen to be delivered justly. Even in the Koran, the provision for forgiveness exists. We would do well to consider that as a peaceful alternative outcome to the current eye for an eye politics being practiced by all sides.
The trial process has seen many pitfalls. Although the tribunal has been named as International Crimes Tribunal, it has not allowed international lawyers to defend the accused though the honourable judge of the court had taken aid of international counsels. The Skype disclosure clearly reflects on the poor merit of the cases. Supreme judicial council is being formed to impeach an honourable Justice of the High Court for circulating published material among his colleagues while another judge has been exonerated despite accusations by the defence of violating the code of conduct by disclosing proceedings and merit of the case to unauthorized persons. The Law has been amended after the verdict to give retrospective effects to some provisions so that the accused does not get a benefit of doubt. The Law has also been amended for disposal of appeal in 60 days so that the sentence can be executed without further scope to the accused. There are thousands of appeals pending for disposal in other cases for years. The Government has not amended the law for their disposal in 60 days. If justice cannot be done in 60 days in those cases how can justice be done in the ICT cases in 60 days? Is not everybody entitled to justice equally under the constitution? If a law is amended after the trial shouldn’t the accused get an opportunity of retrial under the amended law? Can we say that we will see justice delivered?
The Shahbag movement has declared that they will not withdraw until the court sentences all the accused to death. In the face of the movement the Government has made several amendments to the law. Didn’t it influence the court? Was not the verdict in Moulana Delwar Hossain Sayeedis case a reflection of demands outside the court? If the court had postponed the delivery of the judgment until the dispersal of the Shahbag assembly, it would have been seen to have delivered the judgment without outside influence. Even hearing of the appeal of Mr. Quader Molla's case amidst continued movement in Shahbag and elsewhere may hamper the due process of law and will not serve justice.
Trial of the Jamaat will not ensure any justice. Though there is provision for eye for eye and life for life, there is also provision for forgiveness. Enough blood money has been extracted from the Jamaat. Both Awami League and BNP enjoyed their support as and when necessary. Ways must be found out for peaceful co-existence. Peace can come through proper justice. For peace is the offspring of justice. Politicians must find out ways to integrate communities of all ideologies into a society that has been built by the direct sacrifices of 3 million people and by the endurance of the country. The country badly feels the absence of the father of the nation Bangabandhu Sheikh Mujibur Rahman at this critical time, as he could give the nation the right direction to us
War crimes are a national issue. They are not the property of a single party. War crimes trials should be resolved with the participation of all the people in a democratic way through a referendum or by a dialogue. We have to think of consequences at home and abroad. The delivery of the judgment of Moulana Delwar Hossain Sayeedee's case on 28/2/2013 in the midst of ongoing movement in Shahbag has sparked many controversies and given rise to divisions and violence, insecurity to minorities and opportunities to miscreants.
It is the duty of the government to protect its citizens, be they minority or majority. The miscreants have taken opportunities to harass the minorities. It is our duty to protect them and punish those who have endangered their lives and looted their properties. Likewise we should not forget the brutal retaliatory persecution of the Biharis that took place in the early days of Independence in Bangladesh. The melee following the long hartal after Sayeedi's verdict has seen many deaths – over 100 in 2 days—that included policemen, children and adults alike. Yet deaths also occurred when miscreants attacked Islamic Banks, ATMS, Jamaat establishments and so on. The Government cannot look the other way in these matters. Every citizen is its subject. Every ones property and life must be protected. The nation needs to rid itself of all the stigmas. The trial of the Father of the Nation’s killers has definitely eradicated a plague. The crimes against humanity must be tried. Similarly all other injustices and scandals must be remedied. Government should not use the issues of 1971 to mask its failures and injustice. The list of such issues is quite long. The Grenade attack, BDR Carnage, the Padma graft, the Suranjit case, Biswajit, Limon, Operation Clean Heart, the abuses of 1/11 are some that will surely come up.
