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Why latest edition of Bangladesh War of Liberation not be proscribed

Tuesday, 21 April 2009


The High Court (HC) Monday issued a twin-rule asking the government to explain why direction should not be given to proscribe the impugned 2004 edition of the Bangladesh War of Liberation inserting Maj Ziaur Rahman as the proclaimer of Bangladesh independence on March 26 in 1971, reports UNB.
It also asked the government to explain why legal action should not be taken against those responsible for distorting the real history of the declaration of independence that made by Bangabandhu Sheikh Mujibur Rahman.
After hearing both sides, a division bench comprising Justice ABM Khairul Haque and Justice M Momtazuddin Ahmed passed the orders upon a Public Interest Litigation (PIL) writ petition filed Dr MA Salam, a freedom fighter.
Besides, the bench passed an interim order asking the government to produce all the available newspaper reports published from March 1 to 25 in 1971 from the Bangladesh National Archives before hearing on the rules.
During the admissibility hearing, Adv Manzill Murshid, counsel for the PIL petitioner, told the court that on approval by then Prime Minister Khaleda Zia of the BNP-led alliance government, the Ministry of Liberation War Affairs constituted a nine-member authentication committee headed by its state minister M Rezaul Karim to reprint 15 volumes of official documents on Bangladesh War of Liberation.
The other committee members were: former vice-chancellors of Dhaka University Prof M Moniruzzaman Mian and Prof Emajuddin Ahmed, Barrister Moinul Hosein, Principal Secretary to the Prime Minister Dr Kamal Uddin Siddiqui, Prof Sirajul Islam, Prof KM Mohsin and Prof Abul Kalam Manjur Morshed and Prof Ziauddin Ahmed, the counsel added.
Barrister M Amir-Ul Islam, appearing as amicus curiae in aid of the court, submitted that the proclamation of independence made by Bangabandhu Sheikh Mujibur Rahman, then undisputed leader of 75 million people of Bangladesh, published on April 10 in 1971 by the Mujibnagar government is protected by article 150 of the Constitution.
Barrister Amir, one of the framers of Bangladesh Constitution, told the court that Ziaur Rahman during his lifetime never claimed himself as proclaimer of Bangladesh's independence.
Echoing the argument by Amir, Additional Attorney General M Enayetur Rahim submitted that history endorsed in the proclamation of independence cannot be changed.