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EDITORIAL
ULFA arrests: Whither sovereignty?
With the Right to Information Act (RTI Act) already in place ensuring people's access to information from public authorities as a right guaranteeing transparency and comprehensibility, the incumbent government agencies and operatives including some ministers seem to obscure and obfuscate vital matters concerning national sovereignty in contravention of the RTI Act's affirmed legal provisions. When info or disclosure is held back, it spawns wild conjectures leading to labyrinthine enigma of confusion --- much to the nation's chagrin, and even peril.
Contravening the RTI Act the government's smokescreen over the issue of the recent arrests and handing over of the clandestine terror outfit members of the 'seven sisters' states of India is being viewed as a great faux pas. Recently the Indian media have credited the Bangladesh law enforcing agencies regarding the arrest of no less than three major leaders of the separatist United Liberation Front of Asom (ULFA), including its chief Arabinda Rajkhowa, since November 1. The Detective Branch (DB) of Bangladesh police arrested Arabinda in the capital on December 1. The DB also arrested the chairman of the National Liberation Front of Tripura, Biswamohan Debbarma, along the border at Kamalganj, some 160km northeast of Dhaka. These four persons were handed over to the Indian authorities, according to the Indian media report.
Reportedly, some high officials of the Bangladesh law enforcement agency in question have confirmed the arrests and subsequent handover, but the government has swung between silence and total denial, which engendered hearsay and speculation, thus making people concerned as well as disturbed.
What is more, there is no extradition treaty between the two countries. Extradition denotes delivery of a person, suspected or convicted of a crime, by the state where he has taken refuge to the state that asserts jurisdiction over him. Its purpose is to prevent criminals who flee a country from escaping punishment. However, international law does not recognise extradition as an obligation in the absence of a treaty.
Whilst the Indian media broke the news of the arrests of the ULFA leaders in Bangladesh and subsequent handover to the Indian authority, Dhaka remained tight-lipped over the subject. The foreign minister evaded reporters' question relating to Rajkhowa's arrest. As expected, the government's secretiveness at that time caused doubt as to whether it was involved in covert operations. Afterwards the home minister, Sahara Khatun, stated that the ULFA chief "was not arrested in Bangladesh" and the news given in the Indian media report was incorrect. Khatun's statements intend to imply that the Bangladesh law enforcement authorities have not made the arrests. Now, will it not be cogent for the body politic to deduce that the Indian law enforcement agencies were involved in their arrest on Bangladesh soil? Undeniably, it is tantamount to impingement on the country's sovereignty. What is more, if the Indian media reports of the arrests and handover to New Delhi are true, then is the Bangladesh government doing the Indian government's bidding by obeying diktat of a foreign country? In the absence of an extradition treaty between Dhaka and Delhi -- which will require India to reciprocate by extraditing several hundred Bangladeshi most wanted underworld lords hiding in India for years --- this is not legally or ethically acceptable.
Since 1979 India's north-eastern region has been the hotbed of insurgency and fierce armed conflict killing a large number of people. Over the years about 20,000 people have died in Christian-dominated Nagaland alone. The Indian media reports tend to suggest that the Bangladesh government may have already taken a side in the conflict, favouring the Indian government and against the northeast Indian people. In that terrifying decades old strife it will be most dangerous for Bangladesh take any side. Hence Dhaka must not allow herself to be caught up in the turmoil [in which various parties from Maoists to ISI are said to be the stakeholders] because such an involvement can unavoidably incite and provoke the rebels to open a battlefront targeting Bangladesh and endangering her security.
More importantly, the government must not forget the most vital concept of our nationhood --- sovereignty. The onus is on the government to clarify in detail if it has not compromised the country's sovereignty.
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PRESIDENTIAL CLEMENCY TO A FUGITIVE CONVICT
Did law ministry perform its due role?
M. Abdul Latif Mondal
It was reported in the newspapers of last November that President Zillur Rahman, on the recommendation of Prime Minister Sheikh Hasina, granted presidential clemency to fugitive convict Shahadab Akbar, son of Deputy Leader of Parliament Syeda Sajeda Chowdhury, who was sentenced to 18 years' imprisonment and fined Tk. 16 million in absentia in more than one cases filed by the ACC and the NBR during the period of the caretaker government. Shahadab didn't surrender to the court in connection with any of the cases. People are dismayed at the news and they want to know the whole truth of the case.
The clarification issued by the Ministry of Home Affairs (MOHA) said that Shahadab applied before the President through the MOHA on waiving his punishment and fine charged upon him in a case filed by the ACC during the period of the last caretaker government. The MOHA sought opinion of the Ministry of Law and Parliamentary Affairs (MOLPA) which, after examination of the concerned documents, opined that the President in exercise of his powers under Article 49 of the Constitution could waive, suspend or reduce punishment of any person accused by any court, tribunal or any other authority.
The clarification of the MOHA has given rise to certain questions. Whether the MOHA followed the procedure laid down by Rules of Business and Secretariat Instructions for inter-ministerial consultations. The procedure says that the initiating ministry/division of a case will be responsible for consulting other ministry/division that may be concerned with it. Such consultations will take place (a) by sending a written reference specifying the points on which the advice of the other ministry/division is sought; (b) by personal consultation in the event of a difference of opinion or delay.
Rule 14 of Rules of Business has specified the cases that will require consultation with the MOLPA. Rule 14 (1) (vi) says that the MOLPA shall be consulted before tendering advice on a mercy petition against an order of death sentence and pardon, reprieve, respite, remission, suspension, or commutation of any sentence.
Now the question that arises is whether the MOHA furnished full facts of the case to the MOLPA and asked for the latter's opinion on specific points. To be more specific, did the MOHA in its summary to the MOLPA mention that the convict Shahadab was a fugitive? It was a serious failure on the part of the MOHA if it had not furnished full facts of the case to the MOLPA and asked for the latter's opinion specifically mentioning whether the fugitive convict Shahadab should be granted presidential pardon.
The MOLPA can't absolve itself of its responsibility in this case. If the summary note of the MOHA did neither contain full facts of the case nor specify the point(s) on which the opinion(s) of the MOLPA was sought, the latter could return the file to the former for sending the case back again with necessary information and specific points of reference. The constitutional provision empowering the President to grant pardon to any convict is supposed to be known by any officer working in a ministry/ division of the government. It was not necessary for the MOHA to send the case to the MOLPA only to be reminded of that constitutional provision. It seems that the MOLPA avoided giving its appropriate opinion on the case considering its political implication. People, therefore, may reasonably expect a clarification from the MOLPA.
Presidential clemency to the convict Shahadab has come under criticism from the main opposition BNP, civil society members and the press.
More importantly, it has been criticised by the legal experts. According to newspaper reports, eminent criminal lawyer Anisul Huq has said that nobody can get benefit of law without surrendering to it. As Shahadab has been absconding from the beginning, he can't get any benefit of law without surrendering to it. Anisul Huq has gone to the extent of saying that the President by exonerating the punishment of Shahadab has 'committed an error.' He however, softened his comment by saying that the case perhaps, was not properly placed before the President and he was not "well briefed of the case."
Senior lawyer Rafiq-ul-Huq has said that many convicts, who hadn't surrendered to the court, will now try to obtain presidential pardon.
ACC lawyer Khurshid Alam Khan has said that the President has pardoned Shahadab under political consideration. In November, a special court accepted a government prayer moved by public prosecutor Abu Abdullah for withdrawal of the convictions against Shahadab following the presidential clemency. Khurshid Alam Khan has also said that Abu Abdullah had no jurisdiction to submit a prayer to the court for withdrawing the convictions against Shahadab in two cases filed by the ACC as he was a public prosecutor, not a counsel for the ACC.
Presidential clemency to the convict Shahadab, who didn't surrender to law, has created frustration and anger among the law-abiding citizens of the country. The government should immediately go for a high-level inquiry. The ruling AL should honour its election pledge to establish the rule of law.
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VIEW POINT
Punish schemers of 'Minus Two' formula
A. M. K. Chowdhury
Prime Minister Sheikh Hasina, the daughter of Sheikh Mujibur Rahman the founding President of Bangladesh, is the most popular lady in Bangladesh. Her popularity reflected in the general election of December 29, 2008 where her party, the Awami League, won landslide victory. She is now the head of 14-party-led grand alliance government that the nation ever formed.
It is a matter of great regret that some people conspired to throw her out from politics by implementing the 'Minus Two' formula during the rule of Army-backed undemocratic caretaker government. But they could not come out successful because of her popularity in the country.
If Sheikh Hasina would have been evicted from the politics by some Awami League leaders then who could ask Begum Khaleda Zia to vacate the cantonment house to construct houses for families of the army officers who were butchered in Peelkhana BDR carnage occurred on February 25-26 this year? If she would have been 'minus' from politics, then who would initiate to make a digital Bangladesh by 2021? Who would initiate to build 'Sonar Bangla' as dreamt by Sheikh Mujibur Rahman the greatest Bangalee of thousand years. The country would then lose a lady of versatile genius who has so far obtained 10 doctorates from different universities abroad.
To implement the 'Minus Two' formula Sheikh Hasina had to be arrested on charge of corruption. Once Sheikh Hasina and former minister Sheikh Fazlul Karim Selim, her cousin, were brought to the court when the judge was supposed to indict them in the Tk. 3 crore extortion case filed by Azam J. Chowdhury, managing director of East Coast Trading (Pvt.) Ltd. Azam J. Chowdhury withdrew this extortion case before the election.
This 'Minus Two' formula tarnished the image of the nation to a great extent. All of her nearest relatives --- son, daughter-in-law, daughter, son-in-law, sister, sister's husband, grandsons and granddaughters are residing abroad mainly in the Western countries. Her son Sajib Wazed Joy owns a house at Virginia while her daughter Saima Wazed Putul owns a house at Florida in the U. S. A. They are doing their own business. Her relatives might have felt 'embarrassed' before the foreigners for this 'Minus Two' formula.
It is needless to say that this formula dishonoured Sheikh Hasina to a great extent. She is now the second-time Prime Minister of Bangladesh. She is leading a 14-party grand-alliance government.
Persons who were involved in implementing the 'Minus Two' formula should be brought to book. If Sheikh Hasina does not take any action against them then they will think it as her weakness. They may then conspire to oust her from power. If she is ousted the nation will then be deprived of having digital Bangladesh by 2021. Necessary action must be taken forthwith against the conspirators of the 'Minus Two' formula in the greater interest of the nation.
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LETTERS
Governance and myopic view
Dear Editor:
The RMG sector is being unintentionally weakened by the successive political regimes as the labour unions are being politicised for vote banks; and illegal tolls.
The RMG factory owners are suspicious of the unions; and there is communication gap in introducing healthy and normal practices. The spate of violent incidents in several garment factories is an indicator of the shape of ugliness which has emerged due to cracks and fault lines in political culture practised in Bangladesh.
Similarly, the civil service has been politicised at critical points in the network. The party always comes first-above the national interest! Why cannot political party behaviour patterns follow national consensus guidelines? Today the BNP is in a pathetic condition after the massive debacle during the last general elections. The 11 months of AL rule is not inspiring. The new PPP scheme is a severe tester of public confidence in honest delivery of public services. Politicised administration and toll collections are not desirable. The governing mindset is awful. Now it is proposed to ban three-wheelers from Dhaka city--having utterly failed to operate taxi fare meters. How to travel in the city without getting into a bus, and having no private car? Maintenance is not so easy in an LDC. Why this hankering for mega projects which cannot be completed in five years, and there is no guarantee of continuity by the next incoming regime?
The parliament is a lame duck. There is no time to wait, after wasting for three decades of dillydallying.
A. Mohas en,
Dhaka.
Cox's Bazar can be Asia's greatest tourist spot
Dear Editor:
We can and we should build the mega sea beach from Cox's Bazar to Teknaf as Asia's greatest tourist attraction. If the Tajmahal is Asia's most beautiful monument and people from all over the world flock to Agra, India, why the most panoramic and longest sea beach at Cox's Bazar of Bangladesh fail to quench the thirst of tourists from all over the globe?
We need an international airport in Cox's Bazar for its international destination, a broad gauge railway line from Chittagong to Cox's Bazar, Chittagong - Cox's Bazar road to be widened and modernised, behind Cox's Bazar-Teknaf hills range which stand like a Berlin wall between the Bay of Bengal and Cox's Bazar hotels, motels and restaurants may be constructed, a 100 feet wide road for beach drive from Cox's Bazar to Teknaf may also be made. There should not be any hill cutting, felling of trees and removal of rocks and beach sand. Cox's Bazar's three bride maids- St. Martin's Island, Moheskhali island and Sonadia island may be linked with mainland with ships, speed boats and house boats.
All that glitters is not gold. How and where from would money come for construction, renovation and beautification of Cox's Bazar? Where there is a will there is a way. Rome was built not in a day. Thousands of tourists visit Cox's bazar every year. If we improve facilities and amenities millions of domestic and foreign tourists would visit Cox's Bazar in the future. I slept and dreamt that life is beauty, I woke and found that life is duty.
O. H. Kabir,
Dhaka.
Improving Dhaka's frail infrastructure
Dear Editor:
Since independence Dhaka has been experiencing rapid growth in almost all sectors including education, commerce and industries. Fast growth of labour-intensive sectors in Dhaka and its outskirts resulted in putting great strains on the capital's frail infrastructures.
Provision of transport, education, water, gas and electricity and containment of rising crime are some of the nightmarish problems faced by the residents of the city. The existing city streets are under tremendous pressure because of unabated influx of rural people from all over the country. The city's utility service providers will face further pressure in future as they are already struggling to cope with higher demands for gas, water and electricity.
In order to ease the traffic congestion government is planning to go ahead with elevated expressways and underground railway. But this is a fragmentary approach to tackle a mammoth problem. No one denies the need for development of transport infrastructures of the metropolis in line with modern mega cities of the world. But before undertaking such huge projects appropriate technical and financial feasibility studies should be carried out. The following points may be considered by the relevant authorities to tackle the unplanned growth of Dhaka metropolis:
Decentralisation of the national administration through shifting of major governmental departments/divisions to the divisional headquarters and other convenient locations such as Comilla, Mymensingh and Bogra.
Shifting of defence establishments such as Army, Navy and Air headquarters to more strategic locations outside Dhaka.
Removal of all labour-intensive industries from and around Dhaka to suitable locations spread all over the country. This will ensure more harmonious development of the country as a whole.
Dhaka is blessed with four river channels around her. This geographical feature can be utilised to develop a circular waterway around the city.
Nuruddin Azam,
21 Pardalote Street
Ingleburn NSW 2565, Australia.
For International Autograph Museum
Dear Editor:
Some people have a passion for collecting signatures of famous persons who may be writers, actors, politicians etc. A signature is also called autograph. This term is used particularly for the practice of collecting autographs of celebrities. The other name of this hobby is Philography. Autograph collecting is an interesting hobby to collectors.
Since the age of twelve years I have been an autograph hunter. I began collecting autographs more than five decades ago. 0ver the decades I have collected more than 3,OOO [three thousand] genuine autographs --- not facsimiles or duplicates --- of eminent personalities of the world, including from home also, and have also received hundreds of letters, written to me, encouraging the hobby, such as famous British writer, politician and Nobel Laureate Lord Bertrand Russell, American Assasinated President John F. Kennedy, Sir Zafrullah Khan, the first Foreign Minister of Pakistan, who latter became the Chief Justice of the International Court of Justice in the Hague. The other famous names are received from the last Viceroy of India Lord Mountbatten, first Prime Minister Late Mr. Jawaharlal Nehru of India, famous American scholar, black Leader and Nobel Peace Laureate Late Dr. Ralph J. Bunche, Hollywood's famous film director Walt Disney,Charlton Huston, African fathers of the nation including late Dr. Habib Bourguiba of Tunisia, Julius K. Nyerere of Tanganika, first Secretary-General of the Arab League Khaled Bin,
What is more, I possess signatures of more than fifty Nobel Laureates including that of Linus Carl Pauling who won Nobel Prize twice. Winner of the Nobel Prize for chemistry in 1954, Linus Pauling is considered one of the greatest chemists of the 20th century. He's also the only person ever to win two unshared Nobel Prizes: as an outspoken activist against nuclear testing, he won the Nobel Prize for Peace in 1962. After 1970 his fame centred on his insistence that Vitamin C had the power to fight cancer and the common cold. Pauling and David Hawkins edited Orthomolecular Psychiatry: Treatment of Schizophrenia. Pauling's contributions constitute three chapters of the book, published by Freeman. The paper by Cameron and Pauling on ascorbic acid and the glycosaminoglycans was published in the Oncology.
The next in my list is Pearl S. Buck. Pearl Sydenstricker Buck (1892-1973), an American Nobel Prize-winning novelist, dedicated her books and her personal activities to the improvement of relations between Americans and Asians. The others are the first men who conquered the Mount Everest -----Sherpa Tenzing and Sir Edmund Hillary. In 1953, Tenzing was asked to take part in a British expedition to reach the summit of Mt. Everest. Edmund Hillary, a New Zealand mountaineer, and Tenzing Norgay were considered the strongest and best climbers on the team. The names are many and I have spent a huge amount of money for this hobby. I am now 68 years old. I am very enthusiastic to hold an International Charity Autograph Exhibition in aid of the deaf, dumb, blind and other handicapped people at home and abroad. I seek assistance from respective governments and NGOs, International organisations, companies and others for establishing an International Autograph Museum in Dhaka in Bangladesh.
Mohammad Anwarul Quadir,
Master Para, Naogaon.
Reflections of a middle class pensioner
Dear Editor:
As a lifelong resident of Dacca/Dhaka city, life in 2009 is different: we cannot find and engage a maidservant [bua]-not available! Six decades ago, I remember about maidservant we exported from Dacca to Calcutta, and her salary was Rs. 10 per month. She also acted as dai (nurse) to the children in the household; who later grew up and married; and the maid was allowed a pension after retirement!
Indirectly it means that our standard of living is rising. We (family members) have to do all the chores ourselves: washing, cleaning, cooking and shopping. It tells on retired couples, with the child (ren) abroad.
The mixture of Yankee English and British English is confusing; not to speak of the eerie spelling checks. The former citizens of the British Commonwealth were steeped in the Empire culture: uniformed and turbaned khansamahs, while the British saheb seeped soda attired in a T-shirt.
Today, we miss the cushioning effect of social formalities [still noticed in West Bengal.Today money is everything in life; there is no respect for plain living and high thinking. Manmohan Singh [so self-effacing] wouldn't be recognised by a stranger as a Prime Minister. An Indian movie (Slumdog Millionaire -- kwon baneyga crore-pati) won several Academy awards for depicting scenes (to the rich West) so common in the Third World cities-the lives of the tokai.
I sold my BMW abroad, before returning to Dhaka after retirement (no place to drive); and still ride the pedal rickshaws; and avoid the metered auto rickshaws, for displaying the fare meter without using it (note the performance of the senile governance)!
I remember my school days in old Dacca when ghora-gari [horse carriage] could be engaged at the rate of three hours per Rupee; rice and milk were eight seers to the Rupee; and Manchester saree [for mother] cost only Rupee one and four annas [when twelve Rupees equalled one Pound Sterling].
M. A. Mawaz,
Asad Gate, Dhaka.
About Yunus, Kamal, Iftekhar
Dear Editor:
The leaders of both the ruling party and opposition should have nationalism and patriotism.
I was studying multinational exploitation or keeping high interest in Grameen Bank. That's only one variable for which he was discarded to be used during our crisis. But the fact is that he has influence in US and other Western nations and capable of bargaining Garments quota from them and can represent Bangladesh. Due to fishy sectarian selfishness and narrow minded tunnel vision views of the government it was not possible.
Although I do not agree with his other points, Dr Kamal Hossain is an expert in international laws whether on maritime dispute with India and Mianmar or Jamuna Bridge international contractors is not used properly because of the same myopic views of our leaders.
Iftekhar Chowdhury, although questionable for other things, did a good job in manpower export from Bangladesh. In some way he could work with the current govt for getting his advice officially or unofficially.
Kader Siddiqui could take part in nation building, although we disagree with him in some respect in a democratic society. AL may or may not like many of above people due to national or personality reasons. But nation needs optimum utilisation of ideas and efforts of talented people who are citizens of this country.
Top leaders like Hasina or Khaleda should have that kind of pragmatism rather than witch hunting capitalising Tipaimukh only rather than other national problems with India in package. PM Sheikh Hasina placed flowers at Savar Memorial on last 21 Feb 2009 on behalf of Awami League, not the nation. She is representing the nation rather than Awami League. The Awami League council has shown sectarian conservative selection process rather than election, through which better quality Awami Leaguers might have emerged and the nation would be benefited rather than Awami League only.
I am a dual citizen, remit my earnings to Bangladesh like millions of others and as a conscious citizen I demand change of heart. Great parliamentarian Abul Monsur Ahmed or Shamsul Huq did so nearly half a century back.
There is dearth of quality leadership with vision. AL also should not forget that they got many negative votes in absence of leftist organisations.
Dr Azizul Karim ,
GP, Australia.
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