Monday, July 2, 2012

7 Mar 2012: Molla charge framing 1

After the court dealt with the Sayedee witness matter, Advocate Md. Ali then began to read out the charges application relating to Abdul Kader Mollah (To read the afternoon session when the reading out of the frame charging application was concluded, click here).

Before he started to read out the historical section, Ali made the following remarks.
‘Here, in Bangladesh more than 2 lakhs women were tortured brutally. Though in our research, we’ve found 4 lakhs of women, who were tortured brutally by the Pakistani Army and the auxiliary forces. Many of them committed suicide; many of them have left the country. Your Lordship, the Pakistani soldiers committed these atrocities with the help of their auxiliary force.

Now, My Lord, I would like to mention that- the 2nd World War started 1st September, 1939 and ended in 1945. After the war- representatives of Britain, Russia, America, France sat together. At last they have arrived to the decision that- the accused would be given an opportunity for hearing. So, the Chief Prosecutor Mr. Jackson was appointed. They gave the opportunity to the accused to be heard before the trial. In Tokyo Tribunal the accused was also given the opportunity. Our argument is that like the International tribunals, we’re taking a very liberal attitude. Here all the Prosecutors are working very hard. So, I’m so obliged to all of them. Like those in Rwanda, Tokyo, and Nuremberg Tribunals, the present tribunal is also going under the proper procedures and it is complying with the ICT Act 1973. Here the accused have been given a lot of opportunities, than any other country. In the formal Charge, we’ve gone through many things, by the help of Investigation Unit. Because of the Liberation War, now we’re the citizens of an independent country. The history has been elaborated in the formal charge.’
He then began to read out the historical section from the formal charge (unofficial translation).
This was continued on other days: here and here and here and here
1971: A Brief Background History
The freedom of Bengal was lost with the defeat of Nabab Shirajuddowla in the battlefield of Plassey on 23rd June, 1757 by the British due to the treachery of MirJafar, Rai Durlov and Jogot Sheth. From then, after many struggles and movements a state named Pakistan was born on the basis of Two Nation Theory on 14th August, 1947. But the state had faced questions when on 22nd March at Race course field and on 24th March at Curzon Hall, Dhaka University Quid E Azam Mohammad Ali Jinnah announced, “Urdu and Urdu shall only be the state language of Pakistan” and then and then the students protested his announcement saying, “No no, no.” Then the struggle for protecting the mother language of Bengalese started. Basically the ideology of Bangalee Nationalism started to develop from that time. On 4th January 1948, East Pakistan Students’ League was established by the then young leader Sheikh Mujibur Rahman and on 3rd March, 1949 Awami Muslim League was established and later the word ‘Muslim’ was cancelled from the name of the organization. The executive committee of East Pakistan Awami League was formed by Maulana Abdul Hamid Khan Bhasani as Chairperson, Md. Shamsul Huq as General Secretary, and Sheikh Mujibur Rahman as Joint General Secretary. When the political leaders and students of this region were trying to establish the Bengali language, at that time the 4th class officers of Dhaka University started a hard line struggle for establishing Bengali as the state language and this struggle was led by today’s Bangobhondu Sheikh Mujibur Rahman. The western rulers arrested Sheikh Mujib and sent him to the prison. From the prison Sheikh Mujib maintained coordination with the fellow comrades and thus he was leading the movement for the mother tongue.

In the midst of this continuous struggle a conference of the East Bengal Legislative Assembly was to be held. To cancel the upcoming activity the government suddenly imposed section 144 on Dhaka. On 21st February, under the mango tree of Dhaka University campus students decided to break the section 144. On the other side, minister Nurul Amin delivered a speech supporting the Police action to suppress the demonstrators. Even the members of the ruling government Abul Kalam Shamsuddin and Maulana Abdur Rashid Torkobagish protested his speech. While the students started a procession breaking the section 144 the Police force of Muslim League government under the leadership of Nurul Amin started firing at the procession and Salam, Borkot, Jobbar and many unknown people were shot dead. This kind of sacrifice for mother tongue is very rare in the world. Under this kind of pressure from the protesters the government decided to accept Bengali as the state language in the Provincial assembly and became compelled to send the proposal to the National Assembly.

Since, on 8th March, 1954 the general election was held in Pakistan and the coalition front of Huq- Bhashani- Suhrawardi with the symbol of boat achieved landslide victory in East Pakistan. By this election the people of East Pakistan actually boycotted the Pakistanis and Muslim League and they expressed extensive hatred and anger to the Pakistani rulers. But Pakistani rulers could not accept this result. Within two months only the Pakistani central government abolished the government formed under the leadership of Sher- E- Bangla A.K. Fajlul Huq and declared the state of emergency by imposing section 92(A). Then they started the torture and oppression on the Bengalese leaders and political activists.

A huge economic, administrative and social discrimination was created between these two populations and in the same time Pakistani rulers increase the oppression on the Bengali political leaders and activists. The greatest Bengali of all time Sheikh Mujibur Rahman came out with the demand of autonomy. As a member of National Assembly, Sheikh Mujibur Rahman raised 21 points demand of United Front including the cancellation of single unit and he also demanded democratic rule and parliamentary government in his speech. On 29th February, 1956 under the leadership of Hussain Shahid Surawardi, Sheikh Mujib and other leaders of Awami League left the assembly hall protesting the naming of East Bengal as East Pakistan in the rough administrative ordnance bill, no recognition of all out equivalence for the both population and no decision on the election process.

Not only in the political arena, Pakistani rulers created a huge discrimination in economic and other sectors between East and West Pakistan and against this discrimination Hossain Shahid Surawadi, Maulana Abdul Hamid Khan Bhashani and Sheikh Mujibur Rahman expressed their utter agitation. Sheikh Mujib and his Awami League showed this figure of discrimination in front of mass people by leaflets and posters and he organized a mass movement against this discrimination and in demand of full autonomy in this region. In this consequence, in one phase Pakistani central government abolished National and Provincial assembly and the then ruler Eskander Mirza imposed Martial law. And later Field Marshal Ayub Khan grasped the entire power and after interning Hossain Shahid Suhrawardi he threw Sheikh Mujib and other leaders into the prison.

Since, to paralyze the voice of the then East Pakistani students’ society the Pakistani rulers imposed the Hamudur Rahman Education Curtailment Policy. Against this policy the students started demonstration under the direction and sponsorship of Sheikh Mujib which is known as Education Movement of ’62. Just after this, Sheikh Mujib formed a very secret team named ‘nucleus independence cell’ with some student leaders with the intention of achieving independence. Among the student leaders Shirajul Alam Khan, Mr. A. Rajjak, Sheikh Fajul Huq Moni and Kaji Arif are mentionable. Their responsibility was to find out the process of achieving independence by creative, structured and extensive research.

Basic Democracy
With the intention of oppressing the people of East Pakistan Ayub Khan innovated new administrative ordnance called Basic Democracy. To establish the dictatorship in an innovative way Ayub Khan imposed this rule. Against this rule Sheikh Mujib and other leaders of East Pakistan continued their protests and demonstrations.
On 1965, a war broke out between Pakistan and India and in this war East Pakistan was left completely unprotected. Under this circumstance the leaders and aware people of East Pakistan started to think differently about the west Pakistani rulers.

To free the people of Bangla from the west Pakistani rulers Sheikh Mujibur Rahman, the greatest Bengali of all time, the unanimous leader of Bengal came out with six point demands which was denied by the west Pakistani rulers. This six point demand was the charter of full autonomy for the people of this region i.e. it was the charter of freedom for the Bengalese. People of East Bengal realized easily that Sheikh Mujib wanted to free Bengal through this six point demands. Pakistani rulers also realized that by this six points Sheikh Mujib wanted to split Bengal from Pakistan. There almost all the leaders of Awami League including Sheikh Mujib were arrested and were thrown into different prisons. Tajuddin Ahmed who was a meritorious and faithful leader of Awami League and later became the first prime minister of Bangladesh was also arrested with Sheikh Mujib. It is mentionable that on 7th June, 1966 strike was observed in demand of the acceptance of this six points. In the processions people were giving slogans demanding the six points. Police of Ayub Khan government fired at the processions and many people including labor leader Monu Mia of Tejgaon embraced martyrdom.

Those six points are as follows:
First Point: Establishment of federal government and parliamentary Democracy by the votes of adult voters on the basis of historic Lahore Proposal.
Second Point: All affairs shall be handed over to the provincial government except the defense and foreign affairs.
Third Point : To introduce two different but easily exchangeable currency for the two lands and to establish two different state banks for the two regions.
Fourth Point: To hand over the authority of fixation of all types of taxes and levies that means authority of fixation and collection of revenues to the provincial government.
Fifth Point: In relation to foreign trade:: To maintain separate account for the currencies of two region: To establish autonomy on the foreign currencies achieved by the two governments; To collect equal amount of foreign currency from the both regions i.e. the amount fixed by the central government; To continue the free and open trade of the home made products between the two regions; To authorize the provincial government for establishing foreign trade mission or for the execution of treaties regarding foreign and international trade.
Sixth Point : To build a paramilitary force for the emergency security of East Pakistan.

It is mentionable that before this, Shekh Mujibur Rahman and Tajuddin Ahmed delivered a Speech at Palton field promoting the six points in front of the nation and in the same time Ayub Khan visited East Pakistan and delivered a speech against the six points and he threatened that the six points will be wiped out by weapons if necessary and he also called Sheikh Mujibur Rahman and Awami League leaders as seperatists.

To reach six points to the nation Sheikh Mujibur Rahman and Tajuddin Ahmed visited the whole country and formed public opinion in support of the six points. After delivering a speech at a huge labor conference in the Industrial city of Narayanganj Pakistani rulers arrested Shekh Mujibur Rahman, M A Ajij, Johur Ahmed Chowdhury, Nurul Amin Chowdhury, Mujibur Rahman of Rajshahi and many other leaders and activists. Under this circumstance Mr. Mijanur Rahman Chowdhury served as the general secretary of Awami League. On 20th May, a emergency meeting was called held and it was decided that strike will be observed in the province on 7th June. The strike was observed successfully on 7th June.

Since, Pakistani rulers started a deep conspiracy to wipe out the six points i.e. the charter of freedom for the people of East Bengal and to silent the voice of Awami League and the leader of Bengal Sheikh Mujib. The trial of Agartola conspiracy case started at Kurmitola cantonment on 19th June, 1968 against Sheikh Mujib as the chief accused and other Bengali officers and diplomats. The trial of Seikh Mujib versus state started. The students of East Pakistan organized a huge demonstration against this Agortola conspiracy case. In this struggle Maulana Abdul Hamid Khan Bhashani, Comrade Moni Singh and Professor Mojaffor Ahmed and other leaders of East Pakistan showed their support. In one phase of the struggle the leaders of East Pakistan Students’ League and Students’ Union and some other progressive and liberation supporting parties formed ‘All Party Students’ Action Committee’ under the leadership of Tofael Ahmed, the then vice president of DUCSU. The All Party Students’ Action Committee raised an 11 points demand including Sheikh Mujib’s six points in front of the nation. In this struggle Mr. Abdur Rouf, President of East Pakistan Students’ League, General Secretary Khaled Mohammod Ali and both groups (Motia and Menon) of Students’ Union joined at this struggle. Even in one phase of the struggle NSF leader and the G.S. of DUCSU, Najim Kamran Chowdhury and the General Secretary of NSF Mahbubul Huq Dulon joined making the struggle more powerful.

Since, on 20th January, 1969 a students’ strike was announced in East Pakistan. Students brought out a huge procession supporting the strike and Police opened fire at the procession. Asadujjaman, a student of law was killed by the firing. The news of this incident spread throughout the city within a moment. The All Party Students’ Action Committee announced three day long mourning activities. A procession was brought out with the bold stained shirt of Asad and people of all classes took part in the procession spontaneously. In this procession of all types of people Police opened fire and as a result a student of 9th grade named Motiur Rahman of Nobokumar Institution was killed. On 24th January the situation became so grave that the hearing of Agartola conspiracy case became postponed. Ayub Khan summoned a meeting for political discussion with Awami League and other responsible political parties. But in that time there was no able leader of Awami League who was not jailed. As a lawyer of Sheikh Mujib in Agortola conspiracy case barrister Amirul Islam discussed with Sheikh Mujib on taking part in the meeting as a strategy for freeing the imprisoned leaders and activists of Awami League. Then Sheikh Mujib asked him to free Tajuddin Ahmed. On this issue barrister Amirul Islam discussed with the ex-chairperson of All Pakistan Awami League Nawabjada Nasrullah Khan. Then after 33 years of imprisonment Tajuddin was freed on 12th February, 1969.On 15th February, Sergeant Johurul Huq one of the accused of Agartola Conspiracy case was killed at the cantonment jail. In the protest of this incident a strike was observed in the whole province. It is mentionable that the news of killing Johurul Huq spread out during a public conference of Maulana Abdul Hamid Khan Bhashani at Polton on 15th February. He expressed extensive agitation for this killing and said, “ We’ll break the locks of jail and free Sheikh Mujib, run, run, run toward the cantonment.” All people of the city took part in the procession spontaneously. On 16th February, during the strike agitated people vandalized many residential quarters of high ranking government officials and attacked the residence justice S.A Rahman, the chairman of the Tribunal for Agartola conspiracy case. The justice protected himself by fleeing from his residence and he postponed the activities of the tribunal and left Dhaka.

Ayub Khan withdrew the martial law on 17th February in fear of further demonstration. But on 18th February the military rulers killed Dr. Shamsujjoha, a reader and Proctor of Rajshahi University during a procession. Meanwhile the leaders of Awami League refused to join at the meeting of Rawalpindi on 19th February summoned by Ayub Khan if Sheikh Mujib and all leaders and activists of Awami League are not freed. In the end on 22nd February the central government compelled to free Sheikh Mujib and all other accused withdrawing all the charges.

Even the 34 political prisoners who were arrested by the security act were also freed. Basically by this incident the government of Ayub Khan had faced a moral defeat. On the other hand Agartola conspiracy case made Sheikh Mujib the hero of the struggle for freedom of Bangladesh.

Sheikh Mujib is named Bangobhondu (Friend of Bengal)
On 23rd February Sheikh Mujib was greeted and received on behalf of the All Party Students’ Action Committee in front of millions of people. In this conference Tofael Ahmed entitled Sheikh Mujib as Bangobhondu (Friend of Bengal) with huge applaud from the people. Sheikh Mujib became the symbol of the freedom of Bengali nation. On 24th February Sheikh Mujib with Tajuddin Ahmed and other leaders went to Lahore. Among the other leaders Mr. Mijanur Rahman Chowdhury, Abdul Momin, Nur Ahmod Chowdhury, M. A. Ajij, Moejuddin and Motiur Rahman were present in that team.
Ayub Khan proposed Sheikh Mujib to be his Prime Minister as a last chance to save his power. But Sheikh Mujib refused that proposal and he pressured the government to establish government based on six points and eleven points demands. But Ayub Khan did not agree with the demands. He resigned from his power and handed over the government to Army Chief Yahya Khan.

Since, Yahya Khan announced the date of election as 28th November, 1969 in his first speech to the nation. But some political leaders made the situation difficult demanding food security before announcing any election. The general secretary of Awami League criticized this demand and said, “Who will ensure their food security if there is no elected representative?” He also said that the problems of food and clothing can be solved only by electing public representative. On the other hand Jamaat Islami, Muslim League and other Islamist parties tried to protest Awami League in a despicable way in the name of Islam and of protecting the inseperatiion of Pakistan. They started riot between Bengalese and non-Bengalese in many areas of the country including Mirpur and Mohammodpur of Dhaka city. They also planned to start a riot between Hindu and Muslim. After the mass upheaval the government alleged six student leaders named Mr. Tofael Ahmed, A. S. M Abdur Rob, Abdul Kuddus Makhon, Mostofa Jamal Haidar, Mahbubullah and Ibrahim Kholil of breaking the martial law. But due to the firm stance of Bangobhondu and Tajuddin Ahmed the President withdrew the objections against them before leaving Dhaka.

The Election of 1970
Despite many obstacles the general election occurred on 1970. In that election East Pakistan Awami League under the leadership of Bangobhondu won 167 seats out of 169 seats and achieved a landslide victory in all Pakistan. Only in two seats Nurul Amin, the leader of PDP and Raja Tridib Roy achieved victory. The Pakistani military rulers could never accept this result. Specially the leader of Pakistan People’s Party, Zulfiqar Ali Bhutto plotted a conspiracy with Yahya Khan to cancel this result. He became impatient to grasp the power. Therefore being careless about the constitutional provisions he proposed Yahya Khan to appoint two prime minister for the two provinces and to form a federal government and he tried to take Yahya Khan in his support.

A significant and historical event happened at Ramna Race course field on 3rd January, 1971. In a huge boat shaped stage all the members of provincial and national assembly took oath under the leadership of Bangobhondu Shiekh Mujibur Rahman that they had become elected by people on the basis of six points and eleven points demands and they will never step aside from this demand, not in the least. As a symbol of six points and eleven points Bangobhondu freed seventeen pigeons and the song ‘Shonar Bangla (Golden Bengali) was sung. The oath was as follows:: “We shall be faithful to the public mandate sanctioned on six points and eleven points and we shall apply our total strength to apply and to reflect six points in administration and eleven points in activities. Bengal is victorious.”

On 13th January President Yahya Khan met with Sheikh Mujib and spent three hours in discussion. But no positive result was achieved. After that before leaving Dhaka on 14th January he was asked about the formation of the government and he replied, “ Ask Mujib, he is the future Prime minister of Pakistan.”

Planning of Operation Searchlight
After leaving Dhaka Yahya Khan met with Zulfiqar Ali Bhutto at a secret meeting in Larkana. From that place they planned a brutal and inhuman operation for slaughtering Bengalese which is known as Operation Searchlight.
Bangobhondu and Awami League demanded National Assembly to be held in Dhaka. Bangobhondu and the leaders of provincial and national leaders were firm to their positions regarding six points and eleven points and on the other hand Zulfiqar Ali Bhutto was killing time by many excuses to hand over the power to the majority party as he was plotting conspiracy with Yahya Khan. On this matter a statement is published in a paper of the state department of the USA commenting this: “the continued unity of Pakistan has become a major question.... In the event of hostilities between Bengali nationalists and the Pakistani military over separation, we might wish to wait for a clear verdict before extending recognition to an independent East Pakistan. A violent split would pose more difficult and sensitive situation both East and West Pakistanis would attack great importance to the question of foreign recognition”.

Great Britain was also observing the unrest in Pakistan. In the midst of this critical situation Sheikh Mujib proposed Yahya to fix a date for the National Assembly in Dhaka. Yahya Khan announced that the National Assembly will be held on 13th February in Dhaka. On 15th February in a conference of provincial and national leaders the announcement of Yahya Khan was welcomed and they declared Sheikh Mujib as the leader of Parliamentary party and the government. In this conference Professor Yusuf Ali was elected as whip and barrister Amirul Islam was elected as deputy whip. But it was unfortunate that though Sheikh Mujib and Awami League welcomed the announcement of National assembly, Bhutto did not agree to join the national assembly and in the end Yahya Khan supported Bhutto and he started to prepare for military action against Bengalese wiping out the hope of Bengalese to achieve the power. He expressed harsh comments on Sheikh Mujib in front of the military leaders. From 27th February, the soldiers of 27th Beluch and 13th Frontier force were sent to Dhaka by the plane of PIA and this process was continued until 1st March.

Since, while the western rulers were preparing for military action Awami League was busy with composing a constitution from 27th February. In this regard expert economist Rehman Sobahan described the following incident: “ Bangobhondu had arranged many meetings to discuss on the constitution in the months after the election. The high ranking leaders of Awami League and intellectual personalities were present at those meetings. Among them Mr. Tajuddin Ahmed, Sayed Najrul Islam, Captain Monsoor Ali, Kamrujjaman, Mr. Mijanur Rahman Chowdhury, Dr. Kamal Hossen, Professor Nurul Islam, Professor Mojaffor Ahmed Chowdhury, Professor Sarwar Morshed, Professor Anisur Rahman and Professor Rehman Sobahan were present at those meetings. Awami League made a rough of the main constitution and became prepared for the further consideration so that it can be used in political discussion in future if necessary.

From the non cooperation movement to the Mujibnogor government
Since, the events that have happened from the 1st March,1971 up to 17th April, 1971 was not only significant for the birth of Bangladesh but it was a valuable addition in the world history of freedom loving people. Those events are now the milestones for all freedom fighters of the world from Plassey to Dhanmondi. On 13th February, 1971 Yahya Khan summoned the session of National Assembly on 3rd March, 1971. But due to the pressure of Bhutto and military leaders Yahya Khan postponed that session on 1st March. People of East Pakistan exploded with agitation and anger after this declaration. From that time they decided to be separate from the Pakistani structure. They decided no more struggle for autonomy or no more demand for rights now they will fight for a free Bangladesh. They abandoned ties with Pakistan silently and formed an alternative system of government. As a result all power of the East Pakistan was automatically handed over to Bangobhondu. The streets of Bengal became applauded with slogans saying, “ Wake up Bengalese, Wake up: Take weapons the heroic Bengalese and free Bangladesh: One point, one point- freedom of Bangladesh: Your leader, my leader Sheikh Mujib, Sheikh Mujib, One leader- one country, Bangobhondu- Bangladesh. It seemed that the whole country was ready to sacrifice anything.
On 1st March, 1971 when Bangobhondu and the leaders of Awami League were in meeting at the Hotel Purbani, the news of postponement of the session of the National Assembly reached there. The agitated people started to gather in front of Hotel Purbani to receive directions from Sheikh Mujibur Rahman. In this regard the description of the observation of Rao Forman Ali Khan is given below: “ When the declaration regarding the National Assembly was published on 1st March, the reaction of the Bengalese was ferocious and they had an inside feeling that they were going to be the victim of treachery. The whole Bengali nation was in the path of armed war. The die was cast with that declaration. I have no doubt that Pakistan disintegrated with the declaration of the postponement”. The whole nation became united under the leadership of Bangobhondu. The people were giving slogans saying, “Bengalese have denied the declaration of Yahya, Burn the flag of Pakistan, Pakistan of Jinna- graveyard of Azimpur, Victorious Bengali- Victorious Bangobhondu”. In protest of this declaration of Yahya, Bangobhondu told that this declaration will not go unchallenged. He declared non cooperation activities from 2nd March to 7th March from 6 a.m. to 2 p.m.

Since, on 2nd March, a mass conference was arranged by Students’ League and DUCSU. The conference was presided over by the then president of Students’ League, a legendary orator Nur-E- Alam Siddiqi. A.S.M. Abdur Rob, vice president of DUCSU and Abdul Kuddus Makhon, general secretary of Ducsu also delivered speech. In that conference the then general secretary of Students’ League Shajahan Shiraj read out the announcement of establishing the sovereign Bangla and also denied the existence of Pakistan on behalf of Students’ League. In that very day, in a conference under the banyan tree of the Arts building of Dhaka University Mr. Tofael Ahmed, Shajahan Shiraj, Abdul Kuddus Makhon and Sheikh Shoihidu Islam abandoned the relationship with Pakistan and burnt the flag of Pakistan. This conference was presided over by Nur-E- Alam Siddiqi and in that conference the flag of Victorious Bengali force which was prepared on 7th June, 1970 was hoisted in stead of Pakistani flag. The formal hoisting of flag in that conference indubitably powered Sheikh Mujib to reach a final decision with the Pakistani rulers. In the same time the non cooperation movement was successfully followed by the people as directed. It is mentionable that besides the public conference of Students’ league, two other public conferences was arranger by NAP which was presided over by Professor Mojaffor Ahmed and Bangla National League which was presided over by Ataur Rahman Khan. In both conferences Mojaffor Ahmed and Ataur Rahman Khan told people to continue struggle under Bangobhondu’s leadership.

From 3rd March, the situation became grave. Due to the firing of army at the people breaking the curfew more than 40 people died and at least 113 people were injured. Student’ league summoned a public conference with the dead bodies of those killed and it was published that Bangobhondu will deliver a speech. The general secretary of students’ league Shajahan Shiraj read the communiqué of liberation on behalf of the students’ league in tha conference presided over by Nur-E- Alam Siddiqi. In a speech as the chief guest Bangobhondu told people to gear up the struggle patiently and carefully. On the other side Yahya Khan summoned a round table conference with all parties of Pakistan. Bangobhondu commented it as a cruel joke while keeping a nation at gunpoint.

With the events of 3rd March, a framework was made to carry out the struggle in future. To continue the upheaval of liberation wanting Bengalese Bangobhondu told, “ My brethrens of Bengal, whether I am present or not the struggle of Bengalese for their rights will not stop. If I am not alive my colleagues will lead you, if they are not alive even though the struggle has to be continued. The blood of Bengalese will not go in vain. By making leaders in each and every house the struggle has to be continued. The rights of Bengalese has to be taken back by any cost.

On 4th March, 1971 the residence of Bangobhondu situated at 32nd road of Dhanmondi became the focal point of the struggle for liberation. The executive committee meeting of Awami League was arranged in that home. In this meeting Bangobhondu said, “Bengali nation has faced a tough choice either to free themselves by all out struggle or to be dependent by accepting the proposal of Bhutto- Yahya. In one phase of the discussion Khondokar Mostaq proposed to discuss on the liberation in respect of the reality. But Mr. Tajuddin Ahmed and other leaders expressed firm confidence to carry on the struggle for ultimate liberation.

7th March, 1971- A unique speech in the world
Since, the whole Bengali nation became very excited to hear the speech of Sheikh Mujibur Rahman at Race course field on 7th March, 1971. Hundreds of thousands of people gathered in the field in the afternoon with great excitement. Bangobhondu ascended on the stage with Tajuddin Ahmed and other leaders. Just at that moment Millions of people welcomed him with applaud and slogans. They were waiting eagerly to hear what their beloved leader, the crownless emperor of Bengalese Bangobhondu Sheikh Mujibur Rahman will say to them.
At first Tajuddin Ahmed finished his brief lecture and then announced, “Now Bangobhondu Sheikh Mujibur Rahman will deliver a historic speech for the nation.” From 3:02-3:20 hours Bangobhondu declared independence and told people to prepare for the war of freedom. He said, “ This time our struggle is for freedom, this time our struggle is for liberty. Bengal is victorious.” In the world history this speech is unique and rare and actually it was the defecto declaration of independence. Archer K Blood, an American diplomat posted that time in Dhaka commented in this regard, “Mujib’s speach on Sunday March 7 was more notable for what he did not say than for what he actually said’.

In this speech of 7th March, Bangobhondu instructed people to disobey all the orders of Pakistani rulers and to run the government as per his instructions. By making this instruction he imposed an all out non-cooperation movement on the Pakistani rulers. In this movement all government, semi-government, non government including media joined with Sheikh Mujib. In the whole East Bengal no Pakistani flag was seen. Flags of free Bangladesh were hoisted everywhere. Only 40% of the total Indians joined the non cooperation movement of Mahatma Gandhi but almost 99% of total Bengalese joined the non cooperation movement of Bangobhondu Sheikh Mujibur Rahman and made the movement a success.

Since, on 7th March, 1971 Tikka Khan who is known as the butcher of Baluchistan was appointed as the governor of East Pakistan and sent to Dhaka. He wanted to take oath the very next day but honorable chief justice of the high court, B.A. Siddiqi refused to swear Tikka Khan. Since no justice agreed to swear Tikka Khan the government appointed him as the chief martial law administrator.

Police and the Bengali EPR soldiers supported the struggle. Therefore authority tried to disarm them. Similarly they also tried to disarm the Bengali members of Pakistan military forces. On the other hand the residence of Bangobhondu situated at 32nd road of Dhanmondi became the centre of the alternative civil administration and the focal point of the non cooperation movement. The civil administration of East Pakistan was running from there. At this moment Maulana Abdul Hamid Khan Bhashani told people to follow Bangobhondu as he addressed him as ‘ the great leader of struggling spirit’. Even from West Pakistan Air Vice Marshal Ali Azgar Khan and Khan Abdul Wali Khan showed respect to Bangobhondu Sheikh Mujibur Rahman.

Rehman Sobahan commented on the success of 13th March regarding the movement of the Bengals: ‘The unique thing of Bangladesh is the non cooperation with the rulers of Islamabad was total and complete. This is because last week no officer was found working for the government…the chief justice of East Pakistan, the chief secretary, secretary no one. On the contrary the residence of Sheikh Mujib at Dhanmondi became a bustling work station. Even the then head of the civil administration of East Pakistan, Rao Forman Ali Khan has written,:“The office of the provincial secretariat was running at Sheikh Mujib’s residence in stead of the Eden Building”.

Actually from 15th March, the non cooperation movement was promoted to a structured alternative administration system. On 15th March Yahya Khan came to Dhaka with a team of counselors. On 16th March, Yahya Khan and Mujib met at the President’s building and they discussed for two and half hours. On the next day they discussed only for an hour and after the discussion they were seen coming out from the meeting room with angry face. On 19th March again Mujib- Yahya meeting started. Then in the same day the counselors of both sides also discussed for two hours. Tajuddin Ahmed, Sayed Najrul Islam and Dr. Kamal Hossain were present in the side of Sheikh Mujib. People of East Pakistan exploded with agitation against the West Pakistani rulers as no positive result had come out from those meetings. In the other side, a clash between mass people and Pakistan army was about to break out at Joydebpur near Dhaka. People got news that the Bengali soldiers were being disarmed and brigade commander Jahanjeb Abrar was halted by barricades and at least fifty thousand people summoned by Awami League leader Habibullah, labor leader Abdul Motaleb and Awami Youth leader A.K.M. Mojammel Huq while he was going to Dhaka. They also stopped a train carrying military equipments. Some people were killed as the army fired at the gatherings. When this event is reported the whole nation came out from their residence and work places and made barricade against the military rulers and they were involved in clash with military personnel.

Since, on 21st March an unscheduled meeting occurred between Yahya and Sheikh Mujib. No result came out of that one and half hour long discussion. Then on 22nd March a tri party meeting was arranged among Mujib, Bhutto and Yahya. But that meeting was not fruitful also because of the illogical demands and unconstitutional remarks of Bhutto.

Since, on 23rd March the non cooperation movement reached the apex stage of it’s development. The day was observed as the Pakistan Day by the Pakistanis. But on 23rd March Bangobhondu observed this day as the day of protest commemorating the Lahore Proposal. The Pakistani flag was brought down from all the building tops and offices and the flag of free Bangladesh was hoisted in stead. Even the flag of Bangladesh was seen waving on the President’s building. Pakistani flag was seen nowhere in Bangladesh except governor’s house and martial law head quarters. The flag was seen hoisted at foreign consulate offices situated in Dhaka including British High Commission and Soviet Consulate office. In the parade ceremony of Awami League Bangobhondu told his dream of free and sovereign Bangladesh and told all people to be prepared for achieving this goal. In the same day a riot broke out between Biharis and Bengalese in Mohammodpur and Mirpur area. It was a part of the conspiracy of the western rulers. In this regard Bangobhondu announced strict alert against this communal riot.

On 24th March many processions gathered in front of the residence of Bonobondhu and started waiting for his instructions. He said the gathered people, “I don’t know whether I shall be alive or not to continue the further and stronger struggle but you will continue your struggle to establish your rights”.

Declaration of IndependenceOn 25th March, 1971 it is reported in the afternoon that Yahya Khan had left Dhaka by a secret flight. At that time Bangobhondu was discussing on the latest situation with Mr. Tajuddin Ahmed, Mr. Abdur Rajjak, Sheikh Fajlul Huq Moni, Mr. Mijanur Rahman Chowdhuri, Mr. Tofael Ahmed and the leaders of All Party Students’ Action Committee including Nur E Alam Siddiqi, A.S.M. Abdur Rob, Shajahan Shiraj, Abdul Kuddus Makhon and other leaders of Awami League and Students’ League. In one phase of the meeting the formal declaration of independence by Bangobhondu was recorded and Bangobhondu ordered to air it to the Rajarbag Police Line, EPR Pilkhana and to the Kalurghat Radio Station of Chittagong. He also said that he could be arrested by the military rulers in any time. So he ordered people to take part in and continue the struggle with whatever they had and he also ordered to build resistance everywhere. He also told that they can take help of the allied neighboring country and he directed Tajuddin Ahmed to help people in this regard. At about 11 p.m the armoured cars of Pakistani army were seen coming out from the cantonment. They were running through the different avenues and streets while firing shells from mortars and a troop was seen coming toward the residence of Bangobhondu at 32 no. road of Dhanmondi. That day Bengali citizens of Dhaka built barricade with whatever they can. Just before getting arrested, Bangobhondu declared the independence of Bengal formally, in the first hours of 26th March. He said, “This may be my last message, from today Bangladesh is independent. I call upon the people of Bangladesh wherever you might be and with thatever 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. Just after this incidence a troop of Pakistani army surrounded the Bangobhondu’s residence and fired at it ferociously. Then they arrested him and took him to Dhaka Cantonment at first, later they transferred him to Miyanwali Jail in Pakistan. The armed liberation war began. This declaration of independence by Bongobonhu was aired by the wireless station of Rajarbag Police Line and EPR Pilkhana. Leaflets on this declaration were delivered and the news of declaration was spread through miking throughout the Chittagong city. This can be verified by American DIA spot report, a top secret document and from the book ‘Pakistan Crisis’ by David Lasak.

On 26th March at about 2:30 p.m. the declaration of independence was aired from the Kalurghat Radio Station of Chittagong in the vice of M. A. Hannan. The declaration of independence was heard several times from the Kalurghat Radio Station. On 27th March the news of this declaration was published in London Times. In the afternoon of 27th March Bengali Major Ziaur Rahman has been heard declaring independence on behalf of Bangobhondu Sheikh Mujibur Rahman. Then captain/major Siddiq Saliq has written about the voice of Sheikh Mujib that he had heard with his Modern Sophisticated Wave Length Transmitter at Kurmitola cantonment. His statement is given below: ‘When first shot hade been fired the voice of Sheikh Mujibur Rahaman came faintly through on a wave length close to that of the official Pakistan radio. In what must have been and sounded like a prerecorded massage, the sheikh proclaimed East Pakistan to be the Peoples Republic of Bangladesh’.

Bangobhondu was interned but hearing his call for the liberation war people of all classes became prepared to take part in the liberation war with whatever weapons they can collect. In the black night of 25th March Pakistani army with their collaborators, the so called Islamist parties had slaughtered the unarmed Bengalese brutally and in the most barbaric way. And on 26th March and on 27th March the slums beside the streets and the residential halls of Dhaka University were their targets. Hundred of dead bodies were found lying scattered in the streets.

Forming the government of Independent Bengal
Since, the provisional government of Independent Bangladesh was formed on 10th April with Bangobhondu Sheikh Mujibur Rahman as the President, in his absence Syed Najrul Islam as the temporary President and Mr. Tajuddin Ahmed as the Prime Minister. Later on 17th April, 1971 the formal oath taking ceremony of the provisional government happened in the mango garden of Boiddonathtola of Meherpur under Kushtia district. Under the direction of Tajuddin Ahmed the then wheep barrister Amirul Islam with some members of National Assembly prepared the declaration paper of independence and Professor Yusuf Ali read that paper and he also swore the provisional government. This government was known as Mujibnogor Government. The structure of this provisional government is as follws: President- Bangobhondu Sheikh Mujibur Rahman; Vice President - Syed Najrul Islam; Prime Minister -Tajuddin Ahmed; Minister of the State Affairs – M Monsur Ali: Minister of Finance - A. H. M Kamrujjaman; Minister of Foreign Affairs - Khondokar Mostak Ahmed; Chief of Army Staff - Colonel (Retd.) Ataul Goni Osmani
The people of Bangladesh started fierce battle with Pakistani occupation army in the name of Bangobhondu and in response to the call of Bangobhondu. The liberation war has been directed and administered by this government from the first hours of 26th March until the surrender of Pakistani forces before the allied command of Liberation army and Indian Army and thus the Bengali Nation has achieved an independent and sovereign state in the global map.
In the course of reading this out, Justice AKM Zaheer said that the court has already gone through the history. Do you want to present it again?

Advocate Md. Ali replied by saying that is the part of our formal charge, so it is needed to be read out.

At one point Justice AKM Zaheer interrupted and told the prosecution lawyer that he was using different words from those written in the formal charge and it is difficult to follow what you are saying.

Then in relation to one particular paragraph Justice Nizamul Haq asked who has written this Paragraph? It is full of mistakes. The dates and the names of persons are in several cases incorrect.

Advocate Md. Ali apologized and said it was a typing mistake. Please don’t count it.

Justice Fazle kabir told the prosecutor that he must be properly prepared when submitting any formal charge.

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