Should we make an appeal?
Monday, 11 August 2008
Air Commodore Muhammad Zakiul Islam ndu acsc (Retd)
IT has been reported in the national media that the Caretaker Government has decided to lodge an appeal against the landmark verdict given by a division Bench of the High Court declaring orders of cancellation of the August 15, as a National Mourning Day and a Holiday by the previous Alliance Government as illegal. In the eye of the law, both the Complainant and the Defendant are at liberty to move an appeal in a higher court against any decision passed by the lower court in case they feel that they have been wronged by the decision or the particular decision or judgment lacks justice!
In this particular case, the Government, more specifically, the office of the Attorney General became a natural Defendant (shall we say Respondent) by virtue of their being at a particular place at a particular time where they are. We don't know as to what home work the Attorney General's office did in this particular case or what argument they did present in support of the impugned and repugnant decision of the previous Government. But it is needless to mention that the watershed verdict of the High Court has once again redeemed the honour and prestige of the Father of the Nation Bangabandhu Sheikh Mujibur Rahman. And it is through this verdict of their learned Lordship that this nation has once again got a chance to make an honest confession of the guilt and express deeper sense of redemption and its indebtedness and gratitude to the Father of the Nation. And this historic opportunity must not be allowed to be marred by petty legal innuendoes in the name of official purview, per se.
Bangabandhu has curved a place for himself in history by waging and leading a struggle and winning statehood for this nation. The untimely and tragic loss of his mortal self along with the members of his family from this corporeal world has added more sadness, grace and gravity to the saga of life of this great man. He was a statesman, a national leader and an international hero, all in one personality.
The writer was in a foreign land attending a training course during those tumultuous August days thirty three years ago. Soon, some officers from an African country joined us. They were accompanied by their families. During our initial acquaintance and first-ever conversation, I was startled by a rather direct and poignant question from those apparently simple and unassuming African ladies: Why did you kill Mujib? You people don't know what you had and, it is a pity that you don't even understand what you have lost.
I was dumfounded and excused myself by saying that since I was away from the country, I didn't have a proper answer for them.
And the answers we might have but the justification of that patricide and dastardly act we will never have. Perhaps, repentance will help us wash off and ease some of our guilt. One way of doing that would be to view and observe the 15th Day of August in its proper perspective.
No amount of home work and legal exercise by the Attorney General's office can either justify or qualify the great national tragedy and disaster or call in question the rationale for observing the day as an official day of mourning.
There is a coincidence. August 15th this year falls on Friday. The Attorney General's Office would do well if it does not take a perfunctory step and let the event pass.
For, an Appeal against the verdict will be in bad taste at best and, inasmuch, a betrayal of the collective conscience of this nation.
The writer can be reached at e-mail: mzaki_islam@yahoo.com
IT has been reported in the national media that the Caretaker Government has decided to lodge an appeal against the landmark verdict given by a division Bench of the High Court declaring orders of cancellation of the August 15, as a National Mourning Day and a Holiday by the previous Alliance Government as illegal. In the eye of the law, both the Complainant and the Defendant are at liberty to move an appeal in a higher court against any decision passed by the lower court in case they feel that they have been wronged by the decision or the particular decision or judgment lacks justice!
In this particular case, the Government, more specifically, the office of the Attorney General became a natural Defendant (shall we say Respondent) by virtue of their being at a particular place at a particular time where they are. We don't know as to what home work the Attorney General's office did in this particular case or what argument they did present in support of the impugned and repugnant decision of the previous Government. But it is needless to mention that the watershed verdict of the High Court has once again redeemed the honour and prestige of the Father of the Nation Bangabandhu Sheikh Mujibur Rahman. And it is through this verdict of their learned Lordship that this nation has once again got a chance to make an honest confession of the guilt and express deeper sense of redemption and its indebtedness and gratitude to the Father of the Nation. And this historic opportunity must not be allowed to be marred by petty legal innuendoes in the name of official purview, per se.
Bangabandhu has curved a place for himself in history by waging and leading a struggle and winning statehood for this nation. The untimely and tragic loss of his mortal self along with the members of his family from this corporeal world has added more sadness, grace and gravity to the saga of life of this great man. He was a statesman, a national leader and an international hero, all in one personality.
The writer was in a foreign land attending a training course during those tumultuous August days thirty three years ago. Soon, some officers from an African country joined us. They were accompanied by their families. During our initial acquaintance and first-ever conversation, I was startled by a rather direct and poignant question from those apparently simple and unassuming African ladies: Why did you kill Mujib? You people don't know what you had and, it is a pity that you don't even understand what you have lost.
I was dumfounded and excused myself by saying that since I was away from the country, I didn't have a proper answer for them.
And the answers we might have but the justification of that patricide and dastardly act we will never have. Perhaps, repentance will help us wash off and ease some of our guilt. One way of doing that would be to view and observe the 15th Day of August in its proper perspective.
No amount of home work and legal exercise by the Attorney General's office can either justify or qualify the great national tragedy and disaster or call in question the rationale for observing the day as an official day of mourning.
There is a coincidence. August 15th this year falls on Friday. The Attorney General's Office would do well if it does not take a perfunctory step and let the event pass.
For, an Appeal against the verdict will be in bad taste at best and, inasmuch, a betrayal of the collective conscience of this nation.
The writer can be reached at e-mail: mzaki_islam@yahoo.com