The New Nation - Internet Edition

This has reference to some misleading quotes published in your esteemed Daily yesterday morning and this need to be appropriately clarified. Accordingly, may I refer my response to the concerned Journalist of New Nation who sought my comments or response to a general proposition as he put it to me: Whether some one in prison facing trial could be granted bail? I responded saying that there may be limit or an embargo upon the accused facing trial to seek bail, but there is no embargo on the prosecution praying for bail under a Special Law. On enquiry as to any such instance, I cited the experience of the Special Tribunal exclusively formed for trial of Bangabandhu Sheikh Mujibur Rahman and others, when prosecution suo moto moved a bail petition before the Tribunal, hurriedly called in the Cantonment without any prior information to the defence. "It was not on a fine morning". It was in the late afternoon". Neither Bangabandhu nor any one of us had any prior notice of such sitting nor had any copy of the petition. I rushed to the tribunal having received a phone call and was able to procure a hand copy of such petition from Mr. T.H. Khan, appearing for the Prosecution along with Mr. Siddique Ahmed Chowdhury. Chairman of the Tribunal Mr. S.A. Rahman having left Dhaka in an unceremonious manner following the mass upsurge, rest of the members, Mr. Justice M.R. Khan and Mr. Justice Maksumul Hakim sitting in the tribunal's chamber already started entertaining the petition and about to grant bail. This is when I intervened and the Tribunal was adjourned for Magrib prayer. I rushed with a copy of the petition to Bangabandhu, then detained in the Beluch Mess, very close to the Tribunal venue. After seeing the copy of the bail application, Bangabandhu confirmed that he had no such knowledge and further reconfirmed his resolve not to go to Islamabad on bail. Soon there after the then Aviation Minister, most probably Air Mashar Nur Khan along with his entourage entered the room where Bangabandhu was detained in order to take Bangabandhu by the plane brought by him form Islamabad. Whereupon Bangabandhu roared like a lion that he is not going to Islamabad on bail!

It became obvious by then that Islamabad orchestrated the unscheduled sitting of the Tribunal, for the bail to be granted so that the Aviation Minister with his special plane could take Bangabandhu to Islamabad. Hence, the petition was moved and whatever was left of the Tribunal was ready to grant the bail which was intervened by me. By the time the Magrib prayer was over, Islamabad and the entire world come to know that Bangabandhu refused to go on bail. Within two days thereafter the case was withdrawn and Bangabandhu Sheikh Mujibur Rahman along with his other co-accuseds in Agartola case were released.

Many of those who knew about these events including Mr. Tofazzal Hossain Manik Mia are no longer with us. It is important therefore to put the records correct so that future historian has no problem in knowing the exact fact relating to this historic event. I therefore kindly request you to publish this letter in it's entirety and oblige thereby.

M. Amir-Ul Islam

President

Supreme Court Bar Association.