The following post was published today at E-Bangladesh, a group blog and news and analysis site focusing on Bangladesh. From time to time, I will cross-post my posts on Bangladesh there. The site promises to feature a diverse group of voices from around the globe. Other than me, the initial group of authors at E-Bangladesh are some very familiar names:
- Tasneem Khalil is the Consulting Editor of E-Bangladesh. Tasneem Khalil was a reporter for The Daily Star and has reported for CNN from Bangladesh. He has also consulted for Human Rights Watch. Many of you will recall that his experiences with the military government in Bangladesh caused quite a stir earlier this year. Tasneem now writes from Sweden.
- Rezwan is the dean of Bangladeshi bloggers. He has been blogging since 2003 and keeps the pulse of the Bangladeshi blogosphere. He is also an author at Global Voices Online where he highlights Bangladeshi blog posts for the world. Rezwan blogs from Germany.
- Saleem Samad is a well-known Bangladeshi investigative journalist who writes about human rights and about Islamist militancy in South Asia. He was arrested and tortured by Bangladesh’s military intelligence (DGFI) in 2002 and released after an international outcry. He writes from Canada where he is currently living in exile.
I am in some good company at E-Bangladesh.
On a Friday evening more than three decades ago a man named Khondker Mushtaque Ahmed, with blood on his hands, addressed the nation of Bangladesh over television and radio. He declared that he was now President of Bangladesh. He said the Bangladesh military had taken over power under his leadership in the "greater national interest" in response to "the historical necessity". It was August 15, 1975.
Earlier in the day the founding leader of Bangladesh, Sheikh Mujibur Rahman, was brutally murdered along with nearly his entire family by junior officers of the Bangladesh military. Bangladesh had committed fratricide and has been struggling since to come to terms with the crime.
The Bangladesh Observer, the leading English language newspaper in Bangladesh at the time, editorialized the day after the carnage:
Corruption and nepotism inevitably led to continuously increasing prices and the economic misery of the masses that left no alternative for them but to languish and perish. In this suffocating situation the Armed Forces could not be true to their conscience and the nation except by coming forward to bring about a change in the corrupt and oppressive government.
…
From all accounts the people are convinced of the government’s crusading determination to obliterate the last traces of corruption, nepotism, and all other social vices and therefore they are ready to co-operate with the government in facing the great challenge thrown by history. With the infinite mercy of Allah the Government and the nation will overcome all obstacles and resolutely march towards the cherished goal.
Thus the doctrine of "historical necessity" entered the Bangladeshi lexicon and military intervention found its rationale.
Soon the figurehead civilian leader of the country, Khondker Mushtaque Ahmed, began to promulgate regulations and ordinances for the "greater good" of the country. On August 20, 1975 Ahmed promulgated martial law regulations providing for "penalty of death or transportation for life, rigorous imprisonment, fine and confiscation of property for offenses such as corruption, criminal misconduct, illegal possession of arms and ammunition and illegally acquired properties." The regulations he promulgated also provided for "setting up of Special Martial Law Courts, Summary Martial Law Courts and Appellate Tribunals for the trial and hearing of offenses specified by the regulations."
A few days later "life sketches" of three military officers appeared on the front page of the Bangladesh Observer. Two of the men, recently promoted Chief of Staff of the Bangladesh Army Major General Ziaur Rahman and the Deputy Chief of Staff Major General Hossain Mohammad Ershad, would rule Bangladesh for the next sixteen years.
On August 30, 1975 Khondker Mushtaque Ahmed promulgated the "Political Parties (Prohibition) Ordinance, 1975" prohibiting the formation of political parties. The ordinance provided that "no person shall form, organize, set up or convene, or be a member or otherwise take part in the activities of, or in any way be associated with, any political party."
Having banned political activity and taken strong measures to fight "corruption" the figurehead civilian leader of Bangladesh addressed the nation over television on October 3, 1975. He declared that the military government would "withdraw restrictions on political parties with effect from August 15, 1976" and would "hold general elections to elect a new parliament under universal adult suffrage on February 28, 1977." Those promises did not bear fruit. Sixteen years of military rule followed until the people of Bangladesh finally overthrew the military dictator Hossain Mohammad Ershad to restore democracy.
Sixteen years after the restoration of democracy in Bangladesh the military again intervened for the "good of the nation". On January 11, 2007 the Bangladesh military took power in a bloodless coup. At the helm of this military government is yet another figurehead civilian leader, Chief Advisor Fakhruddin Ahmed.
The new Mr. Ahmed decried the corruption in Bangladesh and vowed to end it:
The chief adviser, also a former governor of Bangladesh Bank, deplored that pervasive corruption and plundering of national wealth by a handful of dishonest people pushed the national economy, society and politics backward, into a disastrous state. This has jeopardised country’s image in world forums.
"Such a situation cannot be allowed to continue," he said in his speech, informing the people that tough activities will be started soon in a methodical way to curb the vice of corruption.
Saying that the people want a stern action against the corrupt, he said the Anti-Corruption Commission and related government organisations would be restructured and activated to make them action-oriented, free from all sorts of influence.
Within hours of taking power the military began rounding up "corruptionists and godfathers of criminals". Thus began this military government’s "anti-corruption" drive.
The military government promulgated the "Emergency Powers Rules 2007" banning political activities and all fundamental rights in Bangladesh effective January 12, 2007. The Daily Star reported:
The government has banned political and trade union activities and restricted provocative news, including talk show, in print and electronic media under the Emergency Powers Rules 2007.
The government has restricted processions, demonstrations, hartals, strikes and lockouts across the country to ensure security of the state and people, and maintain discipline in public life.
It has also banned student-teacher politics and politics by government employees and professional bodies.
In case of violation of the restrictions, the offenders will have to suffer a maximum of five years or a minimum of two years rigorous imprisonment along with fines.
The military government also promulgated the "Anti-Terrorism Ordinance 2007" and set up special tribunals to try the "corrupt" and other criminals. The military government has also declared that elections will be held no later than December 2008.
More than three decades after the military first took power in Bangladesh the military intervention playbook remains the same. It consists of an "anti-corruption" drive coupled with a ban on political activities and a promise of distant elections for a return to democratic rule. This time the military aims to save the country from itself, just like the last time. This time another military strongman has emerged and his name is General Moeen U Ahmed. General Moeen believes that Bangladesh needs its "own brand of democracy".
Thirty two years after Sheikh Mujibur Rahman was brutally gunned down in his home Bangladesh once again is being ruled by the gun. The rhetoric and promises from those with all the bullets are the same. It remains to be seen if this new generation of Bangladeshis will submit to another long period of military rule.
APPEAL FOR JUSTICE TO SAVE FROM OPPRESSIVE LAWS
Dear Sir
From 1972 after independent many of the Bangladeshi Citizens started to established industries investing family resources & adopting innovative technology as self earner and to create job opportunity for million of unemployed person and to achieve economic freedom. And Government also started to help these growing PRIVATE SECTOR INDUSTRIES having fund from International Loan giving Agencies, through different Bank. From 1989.
But the Industrial Entrepreneurs becomes victims of deep rooted conspiracy . The Bank Official = refrain themselves from ascertaining production capacity of imported machineries and to provide required working capital loan in time extending total non-cooperation, negligence etc.
Due to Such conspiracy & negligence’s , Non Banking Activities of Bank Official & Policy Maker, most of the these Industries became inoperative & have lost their Cash Capital, Expatriate Capabilities, and helpless victims of such deep rooted conspiracy having similarity to :
HISTORY WHICH REMIND US THAT THE HANDS OF THE TECHNICIAN OF MUSLIN FABRICS “ ,THE FINEST QUALITY FABRICS WHICH WERE EVER MADE IN BENGAL ONLY “ WERE CUT DOWN BY THE THEN COLONIAL RULER OF UNDIVIDED INDIA.â€
In 1992 &1996 the Sick Industries Rehabilitation Cell were formed by GOVERNMENT OF BANGLADESH & have Identified and Registered these Industries as SICK INDUSTRIES declaring not as defaulter but victims of Violation of Contract, Negligence, Fraudulent Activities, Malpractices of Bank Officials including Policy Maker due to lack of Accountability .which are no more hidden matter . But unfortunately the SICK INDUSTRIES REHABILITATION CELL has are now closed. & have no power to help Industries of private sector
Industrial Entrepreneur of Bangladesh are completely deprive of Legal Right due to enactment of BANK RUPTCY ACT of 1997 and ARTHA RIN ACT of 1989 which were amended on 2003 and 2007 treating the INDUSTRIAL ENTRPRENEURS OF PRIVATE SECTOR as like as SLAVE of Primitive Age.
But these laws are not applicable in Nationalized Sector where Billions of Dollar are invested with no result & managed by Expert Personal also.
LAW OF TORT in Bangladesh which are most common Law even in neighboring countries not to speak of USA , EUROPE or AUSTRALIA, BUT NOT APPLICABLE IN BANGLESH DUE TO WHICH BANGLADESH HAS BECOME A HEAVEN FOR REPRESSION / EXPLOITATION BY BANK OFFICIAL AND POLICY MAKER.
The Owner of Industries under Private Sector can not CLAIM ANY COMPENSATION OR SET OPF on the Suit filed by the Bank Official or Loan Giving Agencies FOR VIOLATION OF CONTRACT, NEGLEGIENCES, MALPRACTICES, including fraudulent activities As a result NUMBER OF SICK / DISTRESSED are increasing in Every Year due to lack of accountability of Bank Official due to restriction as per SECTION NO 18 ( 2) & ( 3 ) of ARTHA RIN ACT of 2003 Bank Official / Loan Giving Agencies have been allowed total indemnity in all respect . These have been done to hide out existing high profile malpractices and corruption as per opinion of Expert Personals
In short Industrial Entrepreneur in Bangladesh have no legal right to protect themselves from the oppression of Bank Official & Policy Maker which are no more hidden matter rather facing endless conspiracy all the round
Bank official have given absolute Indemnity for Violation of Contract , Negligence Malpractices & Fraudulent Activities Industrial Entrepreneurs can file a separate suit for compensation in separate civil Court creating more complicacy for life long litigation WITH OF NO RESULT due to restriction to obstruct or resist any order / decree of ARTHA RIN ACT / COURT by any other DECREE OR ORDER OF OTHER COURT or even of by HIGHER COURT THE RIGHT OF EQUITY OF LAW HAVE COMPLETELY BEEN DENIED TO THE INDUSTRIAL ENTREPRENEUR OF PRIVAT SECTOR as per Section 12, 12 ( khan ) 18 ( 2 ) & (3 ) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT. WHICH ARE COMMONLY KNOWN AS OPPRESSIVE LAW and direct violation of ARTICLE NO : 8, 15, 26 and 27 of BANGLADESH CONSTITUTION ?
( ******* Details of above sections of ARTHA RIN ACT have been given as below in short )
And similarly the Door of Higher Court have also been closed for the Industries Owner imposing terms for advance deposit of 50 % of decreetal amount by the ARTHA RIN COURT which are not applicable upon any Bank or Loan Giving Agencies. These are few example of oppressive laws how the citizen in Bangladesh are repressed, depriving legal right by the policy maker miss -guiding the innocent or ignorant vast majority of Citizen of Bangladesh to protect the interest of vested group
Now there are no other alternative way but to draw the kind attention of Concerned Authority Including International Community / Organizations seeking help to save & protect the OWNER OF SICK OR DISTRESSED INDUSTRIES OF Bangladesh under Private Sector, including their properties from such conspiracy and oppressive laws as well to protect the interest of large number of workers, staffs of the Private Sector and also for CHANGE of such oppressive laws to restore Accountability of Bank Official / Loan Giving Agencies for change the Economy of the country
( A ) – Our humble appeal before the Government of Bangladesh to kindly allow Industrial Entrepreneur to claim Set Off or compensation on suit filed by the Bank / loan Giving Agencies. or allow to Run Compensation Suit Simultaneously with suits file by Bank Officials under ARTHA RIN ACT -2003 with equal opportunity and equal right between Banks / Loan Giving Agencies and of Industrial Entrepreneurs keeping similarity with on going process of ECONOMIC and ADMINISTRATIVE ,REFORMS PROGRAMME OF GOVERNMENT to maintain balance of law .
( B ) – And all suits of Artha Rin Court may kindly be transferred to Civil Commercial Court providing Equal Right and Opportunity to prove and fix up the actual responsibility .
(C)- The Identified and SICK INDUSTRIES of 1992 & 1996 may kindly be allowed 100 % weaver of all type of loan liabilities as the loan have been already Written Off .
( D ) – And the above mentioned SECTIONS OF ARTHA RIN ACTS should be abolished immediately to restore accountability & check existing Negligence , Malpractices & Fraudulent Activities of Banking Sector to reduce the increasing number of Sickness of Industries Every Year.
More surprising are in this moment around 40,000 thousand suits have been filed by the banks in the Court for recovery of this poor country , but no body speaks why such large numbers of Industries in Private Sector are getting more & more sick in each year
(E) ) – And Section 28 ( Ka ) of BANKING COMPANY of 2001 which explain WRITTEN OFF does not mean Weaver are to misguide the International Community & Bangladesh National to save the interest of the Vested Group
( F )- The system of mortgage of Land & Properties from the Industrial Borrowers by Bank or any Loan Giving Agencies should also be abolished to ESTABLISH ACCOUNTABILITY and to Check Malpractices, Fraudulent Activities which are now prevailing by large in Banks or other Loan Giving Agencies and a major reason of Industrial Sickness .
( G ) – It would be an extreme favors if your good self kindly collect the PRINTED COPIES OF THE ABOVE MENTION LAWS for confirmation of above mentioned .& to help the Suffering Groups by circulating this appeal among Honorable Member of your Organization and Partner’s Organizations & to Publish in WEBSITES or News Bulletin or News Media, Electronic Media of your territory to bring to the knowledge of Concern Authority including International COMMUNITY OR ORGANIZATIONS working for HUMAN RIGHT & FUNDAMENTAL / Democratic Right of People for immediate help and support to protect the Owner of the Sick Industries / Distressed Industries of Bangladesh and their properties from such OPPRESSIVE LAWS for which they all would be ever grateful as well for change of all types of oppressive laws restoring accountability at all organization
********* N.B. the Summery of above mentioned Section of Arthatha Rin Act at a Galance: !- In section 18 ( 2 ) & ( 3 ) Defendant or Owner of Industries will not be able to claim any set – off or to make counter claim against the Bank or Bank Official nor will be allowed to claim any Compensation by submitting any Suit against Bank ( Plaintiff ) analogously or simultaneously in Artha Rin Court due to violation of contract, fraudulence activities including negligence, malpractices of Bank officials.11. – Section 21: Settlement Conference between Borrower and Bank is a misnomer of Law of Arbitration or just to divert the attention of common people in the name arbitration or to make everybody fool . 111- – -As Per Section 19 (6) of Artha Rin Act of 2003 no suits can be declared to be dismissed or discharged for default or above mentioned fault of Bank Official. As per Section 20 regarding any order or proceedings of Artha Rin Act can not be raised to Higher Court or to any Other Superior Authority without paying 50 % of claimed or Decretal Amount if the order is totally misleading or against any law or illegal one even . 1V- As per Section 34 Defendant or the Owner of Industries in Artha Rin Adalat Case can be put to the Jail for compelling or forcing him to pay the Bank Money without considering the fault or negligence’s of Bank Official without allowing him to proof the matter of violation of contract, fraudulence activities , negligence, malpractices of Bank officials. V- As per section 41 and 42 -The Owner of Industries are not allowed to file any appeal or revision to High Court or Superior Court against any order of Artha Rin Court without paying 50 % of the claimed amount or Decretal amount in advance , But the Bank Official are not require to pay any amount in advance in the Higher Court, allowing A Great Disparity of Law and Justice. V! – Under section 47 and 50 , The learned Court under Artha Rin Act of 2003 have been bared to make any exemption of principal loan amount for Violation of Contract , Negligence’s Malpractices, including fraudulent activities or any fault of the bank official uni laterally V11- Section 12 ( Kha ) Imposed a bar for filling write petition to Higher Court which are direct violation of human right and constitutional right of the citizen and reflects the negative attitude of the law maker .
Suffering Groups of Industrial Entrepreneurs of Bangladesh