BJI Chief Nizami is Victim of Malicious Prosecution1 Table of Contents Introduction ................................................................................................................................................... 3 Profile of Nizami........................................................................................................................................... 3 Personal Life ............................................................................................................................................. 4 Political Career.......................................................................................................................................... 4 Islami Chhatra Shangha ........................................................................................................................ 4 Jamaat-e-Islami ..................................................................................................................................... 5 Mass-movement .................................................................................................................................... 6 As an MP and Minister ......................................................................................................................... 7 As a social worker and writer ............................................................................................................... 7 10 trucks arm case : A glance to back ........................................................................................................... 8 Malicious Prosecution ................................................................................................................................... 9 Frequent change of Investigation Officer ................................................................................................. 9 Other defects in investigation and deposition ......................................................................................... 11 Nizami was not charged until 5 years of the incident ............................................................................. 11 Charge against Nizami was brought in ALregime .................................................................................. 11 Charge against Nizami on unreasonable ground ..................................................................................... 12 No reference of carrying ship.................................................................................................................. 13 Other politically motivated cases against Nizami ................................................................................... 13 Abuse of Judiciary for political purpose in Bangladesh ............................................................................. 14 Recommendation: ....................................................................................................................................... 15 2 BJI Chief Nizami is Victim of Malicious Prosecution Introduction In Bangladesh, the Awami League-led government has been abusing the judiciary for fulfilling its ill political purpose. The last instance is the judgment of much talked 10 trucks arm case, in which the Court has sentenced death penalty for 14 persons including Moulana Matiur Rahman Nizami, the chief of Bangladesh Jamaat-E-Islami (BJI) and former Minster of Bangladesh.1 BJI, as one of major opposition parties played the frontline role in anti-Govt. movement and hence the top BJI leaders are the main target of the ruling Govt. In this very case, the court has sentences Mr. Nizami on the basis of a charge sheet submitted by AwamiLeague appointed Investigation Officer who incorporated Mr. Nizami‟s name after 5 years of the initiation of the case with malafide intention of harassment. Moreover the mastermind of the incident has deliberately been omitted from both charge sheet and judgment of the case since there is no reference as to the ship that carried arms into Bangladesh. This report is designed to assess the defects of the whole proceedings that was nothing but an abuse of judiciary for political purpose. Profile of Nizami Maulana Matiur Rahman Nizami is held in high esteem by the people of the country as a prominent Alim, Islamic thinker, ideal organizer, orator 1 http://www.newagebd.com/detail.php?date=2014-01-31&nid=82190#.Uu8mqvs09Zo 3 par excellence, research scholar, parliamentarian, writer and uncompromising and struggling leader. Bangladesh Jamaat-e Islami is one of the four major political parties of the country. He was elected Ameer of Bangladesh Jamaat-e-Islami for the session 2001-2003 and the session of 2004-2006. He has been re-elected for the session 2007-2009 & 2010-2012. Personal Life Moulana Matiur Rahman Nizami was born on 31st March 1943 at Monmothpur village of Shathia upazilla in the district of Pabna. Nizami received primary education in his own village and then got admitted into Boailmari Madrasah. He passed SSC examination in 1st division in 1955. In HSC, he was placed in the 16th position of the merit list owing a brilliant first division from Twaha Senior Madrasah of Shibpur, Pabna in 1959. In 1961, he passed Fazil (Degree) exam from the same institution owing a first division again. Then he got admitted into the Alia Madrasa of Dhaka, supposedly to be the best institution for religious education of that time with a view to reach the pinnacle of education in this discipline. In 1963, he achieved his Kamil degree in fiqh with first class. He grabbed the place of 1st class 2nd. Then after he got admitted into University of Dhaka and completed his graduation in 1967 with a brilliant result as usual. In this time he became active in politics. Mr. Nizami achieved a two track success in his life, both in education and in organization. Thus achieving 1st class in every stage of education life Nizami proved the sharpness of his caliber. Political Career Islami Chhatra Shangha Since 1961, at the call of Islami Chhatra Shangha, he joined politics actively and began to play vital roles with it. From 1963-66, Moulana Motiur Rahman Nizami was the Provincial office Secretary of Islamic Chlaatra Shangha. Then in 1967, he was attributed by the 4 responsibility of the President of East Pakistan Islami Chhatra Shangha. When he took the responsibility of the president, a hot bed situation was prevailing in the political arena of the country. He played this role for consecutive three years. Then he was elected the central President of the Nikhil Pakistan Islami Chhatra Shangha and continued it for two years. In 1967-68, education week was observed by the students. Two booklets about problems of education and restructuring the education system were brought out on the occasion. This constructive movement led by Nizami attracted all people. Chhatra Shangha began to gain popularity for playing the leading role in this education movement. Asad, a Chhatra Union leader was killed in the campaign against Ayub khan. Mr. Nizami appeared in the gayebana janaja (a religious prayer in muslim ritual during funeral in absence of dead body) of him in spite of having an ideological rivalry. Not only this, he also led the janaja at the request of student leaders. Obviously, this gesture shows that Nizami was personally honored by all in spite of having ideological differences. Jamaat-e-Islami Moulana Nizami joined Jamaat-e-Islami on September 30,1971 after he had completed his student life. Within a few years he became the President of Dhaka city. From 1979-82, he ran the charge of member of central working committee. He was elected the Assistant Secretary General of the organization in 1983 and continued it up to 1988. From 1988-2000, he ran the charge of the Secretary General of Jamaat-e-Islami for twelve years at a stretch. On 19 November 2000, he was elected the Ameer of Jamaat-e-Islami. After running this charge for consecutive two sessions (2001-03 and 2004-06), he is elected again for the third session (2007-09). 5 Mass-movement Mr. Nizami played a frontline role in every democratic struggle and mass-movement in the post independent Bangladesh. His robust role in the struggle for democracy against the then autocratic government from 1982-90 is really praiseworthy and object to reverence. That time he became the target of the autocratic government. Due to his courageous leadership, people built stiff resistance against autocratic government which resulted in stepping down of it. In 1991, a free and fair election was held under the non-partisan caretaker government according to the proposition of JI Bangladesh. The whole world appreciated that election. In order to keep the trend of this type of free and fair election alive, Mr. Nizami, as the leader of the parliamentary team of JI, tabled a bill to include this system of caretaker government in the constitution. At last caretaker government system was included in the constitution of Bangladesh. In 1996, Mr. Nizami‟s role against the misrule of Awami league government enkindled new hope in the peoples‟ mind. The Islamist and Nationalist quarters of the country got united against Awami misrule due to his relentless efforts. Moulana Nizami‟s role against the denigration of Islam and the muslim by Awamileague government, spreading of idolatry, conspiracy to stop madrasah education, curbing the opposition parties in the name of public safety act, signing CHT treaty defying the country‟s sovereignty and geographical integrity, dealing the farcical water sharing treaty of the Ganges and many other antinational vigilance is unforgettable in a word. He is a staunch advocate for democracy. In the past he actively participated in all political and democratic movement which included anti-Ayub movement in sixties, mass movement of 1969 and mass movement against autocratic government in 1990 and movement for holding election under caretaker government from 1994-1996. He is still playing significant roles for strengthening the democratic process in the country. 6 As an MP and Minister Maulana Nizami was elected Member of Parliament from Santhia-Bera constituency of Pabna in the parliamentary election held in 1991. He played a vital role as Jamaat‟s Parliamentary Party leader in the fifth Jatiya Sangsad (National Assembly) from 1991 till 28th December, 1994. During his tenure as a member of parliament he played important role as a member of Business Advisory Committee, Privilege Committee, Petition Committee and Home Affairs Ministry Committee. In October 2001 he was elected as the Member of Parliament for the second time from Santhia-Bera constituency of Pabna. He was the leader of the Jamaat‟s Parliamentary Party. He was a Member, Business Advisory Committee, Bangladesh Jatiya Sangsad, Chairman, National Productivity Council for Industrial Development, Member, National Economic Training Council. He was sworn in as a minister for Agriculture on 10th October 2001. Later on he was given the charge of ministry of Industries in place of Agriculture on 22 May, 2003 till 28th October, 2006. He was very much successful to run the two ministries. As a social worker and writer Mr. Nizami has already gained reputation as a selfless social worker. At present he is the chairman of Santhia Imam Hossain Academy and Bera Al-Islam Trust. He is also the chairman of education and socio-culture Advancement Trust. As a Member of Parliament he untiringly worked for improvement of lots of general masses especially the people of his constituency. During his tenure the infrastructure of development of the most undeveloped and neglected region Santhia-Bera was built up in the real sense of the term. Moreover, during his time numerous roads, high ways, schools, college, Madrasahs, Mosques etc. Were set up, developed and repaired. 7 As a writer Moulana Nizami is also well known. Till now he has composed 19 valuable books. Regardless of his preoccupation he traveled about 20 countries across the world and met dignities and Ulama and participated in the efforts for consolidation and upliftment of Muslim Ummah. 10 trucks arm case : A glance to back The incident of Hauling 10 truck arms and ammunition was held at the night of 1 April 2004 at Chittagong Urea Fertilizer Limited (CUFL), Chittagong, Bangladesh. This was the biggest Bangladesh.2 Two cases were filed on April 3, 2004 with the Karnaphuli Police Station- one under section 19(A) of Arms Act and the other for smuggling under section 25(B) of Special Powers Act. The name of Matiur Rahman Nizami had not been included in any charge sheets submitted by various investigation officers during the period from 2004 to 2009. During the tenure of the army-backed caretaker government, a number of cases had been filed against the political leaders in the allegation of corruption and various crimes. Even in that regime, no case whatsoever had been brought against Mr. Nizami. After Awami League led Govt. took power, Mr. Nizami had been sued in a number of politically motivated cases e.g. war crime cases and 10-trucks arm case. After 5 years of the incident, the Investigation Officer appointed by Awami League led Govt. brought charge against Mr. Nizami in 10 trucks case smuggling in the history of 2 http://en.wikipedia.org/wiki/10-Truck_Arms_and_Ammunition_Haul_in_Chittagong 8 and on January 30, 2013 after a decade of the happening of the incident the Court convicted him with 14 other and sentenced them with death penalty.3 Malicious Prosecution The accusation against Moulana Motiur Rahman Nizami and Lutfozzaman Babar is nothing but malicious prosecution. The inclusion of their name in charge sheet has been made for improper purpose and without probable cause. The following points are the indicators of the malafide intention of the Govt. to harass them. Frequent change of Investigation Officer The investigation of the arms and ammunition haul of April 2004 in Chittagong has changed with the changes in government several times. The timeline of the investigation is worth mentioning here to take an idea as to how frequently the investigation officer of this case has been changed to get desired outcome as per Awami League led Govt. 1. The police on April 1, 2004 hauled firearms, grenades, rocket launchers and bullets when they were being loaded on to 10 trucks from two engine-boats at the jetty of a fertiliser factory during the tenure of the BNP-led government. 2. The then Karnaphuli police officer-in-charge Ahadur Rahman on April 3, 2004 filed two cases in this connection — one under the Arms Act and the other for smuggling under the Special Powers Act. Ahadur, who was also the investigation officer of the cases, initially accused 43 people in the arms case and 45 others in the other case. 3. Both the cases were then transferred to the Criminal Investigation Department in Chittagong on April 26, 2004. Just after a month and a half, the then CID assistant 3 http://www.newagebd.com/detail.php?date=2014-01-31&nid=82190#.Uu8mqvs09Zo 9 superintendent AKM Kabir Uddin started investigation and submitted the charge sheet on June 11, 2004 in two cases, against 43 and 45 people. 4. Again on August 28, 2004, CID another assistant superintendent Mir Nawsher Ali submitted a fresh charge sheet accusing 41, including Hafijur Rahman and Deen Mohammad as the prime accused, and other labourers and transport workers. Some of the accused overlapped the cases. 5. The Chittagong metropolitan sessions judge, AKM Anwar Hossain, on October 24, 2005 indicted 44 accused and completed recording the depositions of 31 prosecution witnesses till August 14, 2007. 6. During the military-backed interim regime, the then metropolitan sessions judge ANM Bashirullah ordered further investigation of the cases with seven specific points, including identification of a ship that had carried the arms and ammunition. Another CID investigator, Ismail Hossain, carried out the investigation but he failed to submit the charge sheet even after deadline extensions for at least six times. 7. And after assuming office, Sheikh Hasina-led government on January 29, 2009 appointed the CID‟s additional superintendent Moniruzzaman Chowdhury the fifth investigation officer. Moniruzzaman on June 26, 2011 submitted a supplementary charge sheet implicating 11 more, including former industries minister Matiur Rahman Nizami, also a senior Jamaat leader, former state minister for home Lufozzaman Babar, also a BNP leader, and other influential intelligence and senior civilian officials, close to the then opposition BNP leadership. The number of accused increased to 50 in the arms case and 52 in the smuggling case. 10 8. Chittagong Metropolitan Special Tribunal 1 judge SM Mujibur Rahman started the trial the accused on November 29, 2009 during the immediate-past AL-led government.4 Other defects in investigation and deposition 1. It has already been pointed out that, the IO of the case, Moniruzzaman (who is the fifth IO of this case appointed by the ruling Govt.) sought time extension for 13 times for more investigation into the cases. No investigation can identify the mastermind of the incident. 2. There were 265 witnesses in the two cases, but only 56 were called for recording their statements and none of them gave deposition blaming the accused persons. Nizami was not charged until 5 years of the incident The incident was happened in 2004. Since then, investigation of this case has been conducted by Police three times and none of them contains the name of Motiur Rahman Nizami. On 11 June, 2004, CID submitted two separate charge sheets on this case. On 28 August, 2004, the same intelligence agency submitted for the second time another report on conducting further investigation. Later on more investigation had been made in the period of caretaker government and none of those investigation reports contains the name of Mr. Nizami. Charge against Nizami was brought in ALregime After Awami-League Govt. took power, the harassment of opposition‟s leaders started. The Govt. became revengeful especially against those who played vital role in the previous BNPled Govt. In this sequence, the top four leaders of Jamaat (including its chief and vice-chief), Salauddin Qader Chowdhury of BNP and many other leaders have been arrested and detained 4 http://www.newagebd.com/detail.php?date=2014-01-31&nid=82196#.Uu8m1vs09Zo 11 in cases where allegations against them are too poor to prosecute. This 10-truck arm haul case is one of the examples of malicious prosecution against top Jamaat leader Matiur Rahman Nizami. Charge against Nizami on unreasonable ground The supplementary charge sheet of Police specifies the accusation against Matiur Rahman Nizami that, “Nizami was the industries minister when police seized 10 truckloads of weapons and ammunition from the CUFL jetty in Chittagong on the night of Apr 1, 2004. And CUFL, a subsidiary of the Bangladesh Chemical Industries Corporation (BCIC), is a state-owned enterprise under the industries ministry. So his involvement in this incident can be suspected.”5 This fact was evident from the initiation of the case. But no investigation report (even conducted by impartial caretaker Govt.) made him accused on this ground as this cannot be a sole ground of accusation until there is further evidence of his involvement in this case. So, submission of charge sheet against Mr. Nizami on this weak ground is nothing but intentional to harass him. When the arms were being offloaded from the boat, the personnel of Chittagong Urea Fertilizer had informed it to superior authority and upon their information this huge smuggling could be addressed. So, the allegation against Nizami in this case for his being Minister of Industries is nothing but politically motivated. Moreover, the arms were seized in CUFL jetty and CUFL is not the only way to go to Chittagong jetty. So, seizure of this haul on CUFL jetty cannot be the point of suspicion against Matiur Rahman Nizami. 5 http://www.bdnews24.com/details.php?id=194838&cid=2 12 No reference of carrying ship Supplementary charge sheet given by CID denoted no indication as to the foreign ship that carried on the arms and no name of the persons had been included who were behind importing arms in Bangladesh. Even the judgment of the case completely avoided the point and remained silent. So it can be said that the mastermind of this crime is yet to be detected and suspects on political purpose have been convicted. Other politically motivated cases against Nizami The harassment of opposition leaders has become a very normal phenomenon during the reign of this Govt. Matiur Rahman Nizami is one of the victims of the oppression. Govt. has instituted against him a series of criminal cases on fabulous grounds like, war crime, outraging religious feeling, involvement in destructive activities in Hartal taken place on 27 June, 2010 etc. He had been granted bail in every case except from the war crime case. And according to newly framed procedure of International Crime Tribunal, he shall soon be eligible to bail if investigation cannot be completed within one year since his arrest. 6 So, prosecution wants to detain him at any cost and, therefore, he has already been shown arrested in this case so that, he cannot be released on bail. Matiur Rahman Nizami is a renowned politician of Bangladesh. He played a frontline role in every democratic struggle and mass-movement in the post independent Bangladesh. His robust role in the struggle for democracy against the then autocratic government from 198290 is really praiseworthy and object to reverence. During the tenure of the Govt. led by four party alliance in 2001-2006, he had successfully performed his ministerial duty in two ministries namely Ministry of Agriculture and Ministry of Industries. And no allegation of According to the amended rules, investigators will have to complete investigation within one year from the arrest of any suspect. If the investigators fail to do so, the arrestees can be freed after meeting the conditions for bail. Source: http://www.bdnews24.com/details.php?id=200016&cid=2 6 13 any corruption or irregularity has yet to be raised against him. All of his past records show his integrity in performing official duty. So, such accusation against him on such a fabulous ground can surely be said politically motivated. Abuse of Judiciary for political purpose in Bangladesh If the good-governance cannot be ensured in a democratic state, its democratic nature essentially ceases. Among the various actors the government is the main actor for good governance. Since government consists of three basic organs--executive, legislature and judiciary, the governance of a country revolves based on these three organs. When an organ is ineffective or does not work smoothly, weak or bad governance prevails. The judiciary of a country comprises all courts, which interpret laws, settle disputes, enforce rights of the citizens and impose penalty to the offenders. A country without legislature in conceivable but without judiciary a civilized country is hardly conceivable “There is no better test of excellence of government than the efficiency of its judicial system”. 7 So an effective and independent judiciary is must of good governance. A country cannot claim to have good governance without providing easy, affordable, speedy and impartial justice to the people. In this case, we have seen nothing of these pre-conditions of good-governance! The judiciary of Bangladesh is independent formally. But in action it is biased sometimes. Independence of Judiciary includes many other independence of Judges namely, substantive, personal, internal, and collective. All types of these independence are dependent on the will of the Executive specially on the basis of not interference with the decision of the Courts. At the same time, the courage of Judges to think them independent and work accordingly is also needed. But, unfortunately in Bangladesh the political will is not favorable for the Independence of Judiciary. Basically, any kind of meaningful change, political will is 7 Lord Bryce, 1921:42 14 mandatory because our democratic polity deals by various political parties. And Government is formed by citizen‟s mandate. So, if the political parties (both government and opposition) have no interest to separate the judiciary from the executive, the process would be impossible. Though most of the political parties vow to separate judiciary but after formation of government they avoid the matter. That‟s why the process of separation of judiciary has reached to a standstill position and the ruling party doesn‟t want to separate judiciary though they had election pledges. Recently Barrister Rafiq-Ul-Huq8 made a significant comment on the unexpected situation of the Judiciary as he quoted: “Different courts give different judgments on the same charge, as the judges act out of their political bias. Unfortunately, the judgment in a case depends not on the case's merit but on the judges' preference for respective political parties.9 Recommendation: 1. The shortcomings of the trail as mentioned above have sufficiently proved that this trial lacks concept of justice and proper procedure. Further, this has been done for political purpose. So, a retrial is must with newly appointed judges and investigation officer who would not be politically biased. 2. Moulana Motiur Rahman Nizami is a famous politician of Bangladesh. Harassing him is a significant indicator of the current condition of democracy in Bangladesh. Govt. should stop doing such harmful acts and be prudent to its future as many international organizations (such as the Economist 10, Amnesty International, UNHCR 11 , Human Senior Lawyer in the Supreme Court of Bangladesh and the former Attorney General of Bangladesh The Daily Star, 20 October, 2010 10 http://www.economist.com/node/21525897 11 http://www.unhcr.org/refworld/country,,,,BGD,4562d8cf2,4c0cb616c,0.html 8 9 15 Rights Watch12, Asian Human Rights Commission 13, Reporters without Borders14) expressed their grave concern on the present political situation of Bangladesh. 3. Article 10 of Universal Declaration of Human Rights says, “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.” But, very recently the impartiality of the Judiciary is being subject to question. The Govt. is also using this „place of faith‟ with their ill motive to gain polit ical benefit which is really unsatisfactory. 4. As Bangladesh, as a state, needs to follows the standard of International law it must obey the provisions contained in the laws. Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment (CAT), and International Covenant on Civil and Political Rights (ICCPR) are such laws. Under CAT, the Bangladesh government must ensure that any person who alleges he has been subject to torture has the right "to complain to and to have his case promptly and impartially examined by competent authorities." Under article 14 of the ICCPR, the Bangladesh government must ensure a fair and public trial for anyone charged with a criminal offense, and such a trial must take place "without undue delay." ICCPR also requires Bangladesh to protect freedom of expression.15 5. Separation of judiciary must be ensured to conduct cases without political interference. The system is needed to ensure basic human rights. Without assurance of justice, the judicial system is almost a showoff. So the issue must be addressed with urgent basis. Human Right Watch on its official website www.hrw.org on July 7, 2010 http://www.humanrights.asia/news/ahrc-news/AHRC-STM-091-2010 14 http://en.rsf.org/bangladesh-reporters-without-borders-sent-a-30-04-2010,37334.html 15 Article 19 of ICCPR 12 13 16 6. The investigation report submitted lastly includes in the accused list the name of Moulana Motiur Rahman Nizami. The investigation officer was very reluctant of his duty as he extended his deadline of submitting report more than 13 times. So, the activity of Investigation Officer can be questioned. Moreover, he is alleged to be biased on political consideration. So a new trial should be started vitiating the prior one by appointing an impartial investigation officer. 7. Our Constitution has guaranteed the fundamental right to protection in respect of trial and punishment. 16 It says, “no person shall be subjected to torture or to cruel, inhuman or degrading punishment or treatment.” But, this fundamental right is not in operation in respect of Moulana Nizami. He has been victimized of torture both physically and psychologically in course of interrogation and in prison. The Govt. should be prudent in behaving with them. It should also make it sure that, they are being treated in prison in the proper manner as they deserve. 8. The trial of this very sensitive case should have been conducted very efficiently with proper caution and sufficient evidence. The Govt. should have not influenced the Court for bringing legal action as their own desire. 16 Article 35 of the Constitution of Bangladesh 17
Report "Bangladesh Jamaat-e-Islami Chief Nizami is Victim of Malicious Prosecution"