CONVICTED IN BANGABNDHU MURDER TRIAL & CHARGE-SHEETED IN JAIL KILLING CASE REINSTATED IN GOVERNMENT JOBS

The newspapers flashed the unbelievable news of reinstatement of one convicted murderer and an under trial murderer on 7 May 2003. That was the day before the seventh session of Parliament began. Despite ruling party’s rejection of Awami League’s demand to run the current session of the Parliament for at least a week, Awami League lawmakers joined the session of the Parliament on 8 May 2003. They did it for the sake of democracy and they did it to speak for and uphold the interest of the people at every opportunity, however limited it may be.

Because of the very unusual nature of the action that violated the principles of jurisprudence the Awami League called for a discussion in parliament of the reinstatement of these two erstwhile officers of the Government, namely, Aziz Pasha (deceased), a convict in Bangabandhu murder case and Khairuzzaman, a charge sheeted accused in the Jail killing case. But the request was not taken note of by the Speaker and when his attention was drawn to it he disallowed the intervention by switching off the microphone. Naturally Awami League had no other option but to  stage a walk out and announce a boycott of the session till their grievance was not redressed.

Lt. Col. Aziz Pasha, serving in the Bangladesh Mission in Zimbabwe as Deputy High Commissioner, was ordered to return home to face trial for the murder of Bangabandhu. He did not abide by the orders and instead sought asylum in Zimbabwe. He was proceeded against for disobedience and desertion and was duly dismissed from service on 8th July 1996. The murder trial was held in an ordinary court of law under the normal law of the land and Aziz Pasha as a principal actor was awarded death sentence in the trial. Aziz Pasha expired on 2nd June of 2001. Ironically this convicted murderer, Aziz Pasha, was reinstated in the Foreign Ministry even after his death under directive from the highest quarters of the Government. Such an unethical and unlawful move is unprecedented in the history of the country. Major (Rtd.) Khairzuman, serving as Acting Ambassador in the Philippines, was recalled and charge-sheeted in the jail killing case as an accused person. He was held in custody and given forced retirement on September 24 1996. Soon after the assumption of power by the Alliance Government Khairuzzaman was shifted from jail to the Bangabondhu Sheikh Mujib Medical University hospital and then enlarged on bail. It may be mentioned that with ascent to power by Khaleda-Nizami Government a large number of criminals, convicted or charge-sheeted or under investigation in major crimes were  first granted bail and then let off scot-free. On May 4 2003 Khairuzzaman, a charge-sheeted accused in the jail killing case, was reinstated as a key Director General in the Ministry of Foreign Affairs under directive from the same highest quarters of the Government.

Md. Nasim, Member of Parliament and former Home Minister, served a notice on May 7, asking for discussion of these two issues in the parliament. As the session began on 8 May the Speaker ignored his notice. Md. Nasim then stood up on a point of order to discuss the matter. His microphone was immediately switched off. The Leader of the Opposition and former Prime Minister Sheikh Hasina’s microphone was also switched off when she echoed the same sentiments and called for discussion on the reinstatement of Khairuzzaman. As a mark of protest against such undemocratic and unparliamentary practice Awami League lawmakers led by the Opposition leader staged an immediate walk out.    

This incident is doubly significant. First, the BNP-Jamat Alliance does not want the voice of opposition to be heard in the Parliament. They also did not want any debate or hearing on such an important subject as the illegal appointment of a convicted killer posthumously to a government job and reinstatement of an accused killer in a responsible government office. They want to render the Parliament completely ineffective. Second, it is evident that the Alliance Government does not believe in the rule of law. How could they think of rewarding a convicted killer with a posthumous reinstatement with back pay and family pension? They have clearly demonstrated their patronage of political killing in the country.

It may be recalled that the murderers of the Father of the Nation were immunized from trial under an Indemnity Ordinance promulgated by the military regime of 1975 and the murderers were given foreign service jobs by General Ziaur Rahman a little later. The murderers of top political leaders of our freedom struggle who carried out the dastardly crime in jail were also similarly protected by Zia regime. The protection of the killers was continued by Khaleda Zia Government after the fall of the military rule. Begum Khaleda Zia can be considered a direct beneficiary of political killings of 1975 as her entry into politics was ensured by these killings. She has now established herself as a patron of killers. It has been obvious for quite a while that Khaleda-Nizami Government is taking all necessary steps to stall implementation of the verdict of Bangabandhu murder case. Likewise they are leaving no stone unturned to hold up the progress of the trial of jail killing case.

The statement on this issue by Foreign Minister on May 8, in the Parliament is simply false. Neither Aziz Pasha nor Khairuzzaman or members of their family preferred appeals to the duly constituted tribunal against their dismissal or retirement within the stipulated time and there was, in fact, no case pending before the tribunal. The so-called administrative tribunal whose decision has been referred to by the Minister was constituted by an executive order of the Government. Under cover of secrecy these cases were illegally brought before the tribunal, heard on priority basis and recommendations obtained for the reinstatement of a criminal and an accused criminal.

Their records in the criminal cases were not brought before the tribunal nor did the prosecution in the two cases have any statement to make before the tribunal.

The Government as the prosecutor in the Bangabandhu murder and jail killing trials was obliged to defend the sacking of the convict and the accused but it did not do so nor did it appeal against the judgment of the so-called tribunal. The decision of the so-called administrative tribunal was made in accordance with the dictates of Khaleda Zia, the executive chief of the Government. Without Government’s approval such highly motivated political moves to reappoint a dead convicted murderer and a charge sheeted accused in government service would simply not have been possible. The entire episode of the so-called administrative tribunal is a stage-managed drama to befool the people. It is evident that the political aim of the Government is to provide shelter to and protect the killers of Bangabandhu and top national leaders.

Vol. 2 No. VII. May 15, 2003
Bangladesh Awami League Publication