The New Nation - Internet Edition

M.T.Hussain

I wonder if the retired Indian army General JFR Jacob has not turned into a foe from his earlier position of being a friend of Bangladesh? Or am I wrong to read him correctly?

General Jacob had a big contribution in bringing to an end in matter of 14 days the 1971 war of Bangladesh that could otherwise escalate for a much longer time as is known well that earned him not only immense credit but also gratitude of many. Unfortunately his recent demand rhetoric during the visit to Dhaka for 'trial of war criminals' not only demeaned his own position but also made him controversial in the estimation of many in Bangladesh.

Well, the issue of trial of war criminals is talked about of late here in Dhaka in a limited circle of particular political persuasion and not certainly by all and sundry. The fact is that both the topmost leaders of this country of 1970s, Sheikh Mujibur Rahman and Ziaur Rahman had settled and sealed the matter for good. Although the Sheikh at the beginning in January 24, 1972 passed an order for the trial, but soon deterrent surfaced as soon as the Constitution of the country was framed and adopted formally on the 16th December 1972.

The Constitution provided basic fundamental rights to all citizens that made the trial inconsistent with the basic citizenship rights, specifically, as in articles 26, 31 and 32. No doubt, an amendment of the Constitution was made on the 15th July 1973 in a hara-kiri for expediency to continue the trial for specific charges like murder, arson, rape etc as in later on provided in the new Article 47A in the First Amendment. Amazingly, however, all crimes committed by criminals of all shades were not in reality prosecuted but only in some cases of escape-goats selected vindictively as nothing but hunting for 'witches'.

Such contradiction and one-sided view turned fair trial of criminals impossible. That is why nearly 30,000 of nearly 37,000 detained in prison since after the 16th December 1971 without specific charge were 'forgiven' and freed in late 1973. Among those of the rest 7,000, some political high profiles were also set free by specific order of the Sheikh by early 1974. The government of the Sheikh had to do so particularly after signing treaty in mid 1973 of the three parties involved in the war, Bangladesh, India and Pakistan that as well immediately afterwards followed freedom of the 195 Pakistan army men listed as war criminals and sent from and by India honorably to Pakistan without any charge whatsoever, the Sheikh himself boasted for the act in high sounding rhetoric, 'We know how to forgive'. How could then anyone in moral terms bring up again the issue of trial of the local fries in all likely only to be for renewed witch hunting?

Loosing all moral ground thus in the matter, when the Sheikh was toppled from political and state power in mid August 1975 in a successful army coup d'etat, and Ziaur Rahman was saddled to the to pmost position in Bangladesh rule, he had just only formalised the end of the trial by completely repealing the so-called Collaborators Act of 1972 that remained inconsistent with the fundamental citizenship rights guaranteed in the Constitution of the country. Not only this, he had to release all those convicted for the alleged crime in 1971under the repealed act for obvious logical following.

Whether Zia was right or wrong in this matter may be debated. But he had not only internal compulsions for integrated mobilisation of all citizens for nation building but also for external reasons impinging on the leader and the country. He was proved right as he could move forward in uniting the nation for development through his courageous attempt to burry the 1971 divide for good. The division through driving wedges of hatred in the body of the new nation immediately after independence by the Collaborators Act was condemned right then by many wise men and women just as one example in point was the then septuagenarian politician of the Awami League fame Abul Mansur Ahmad in his powerful item "CHANDE KALANKA" (See A.M.Ahmad, Amar Dekha Rajneetir Panchash Basar, 1995 Edn. pp.607-09).

There was no question in the last three decades by any quarter whatsoever to begin the trial of 'war criminals' until of late during this Caretaker Government (CG) whose main and constitutionally obligatory only task is to hold a credible election for the 9th parliament. If the trial question needs at all to be brought afresh in total disregard of the past actions taken both by the Sheikh and Zia, it cannot be the task of the CG in anyway, but could be considered by the next parliament.

Should the matter is taken up by this CG, the election road map is likely to be foiled. Further lacuna would be obvious invitation of extra-constitutional force, as I can see, in the vacuum to take on the power.

The supplementary claim in a quarter for pursuing the question of trial in the UN and the International Court of Justice at Hague seems ridiculous in the proposed case as it had already been lost for at least one reason that the 195 listed criminal as mentioned above could in no way be brought to the deck even at the cost of severance of diplomatic relations with the country concerned. I would feel that the issue if at all attempted to be revived that would open many Pandora's Boxes only at big losses for Bangladesh.

One must wonder if General Jacob was fully aware not only of internal divisive dangers inherent in the issue but also external pressures to bear on, particularly from the Muslim nations or the members of the OIC.

General Jacob by sensitizing the issue has created a renewed division among the people of Bangladesh that has, in addition, unfortunately cost him his earlier image and fame of being a friend to now a foe.