Engineer M. Hossain
Following the arrest of several individuals in the murder case of a police constable in Noakhali’s Sonaimuri upazila, the Ministry of Home Affairs of Bangladesh released a statement. The statement clarified that there would be no cases, arrests, or harassment of students who actively participated in the mass uprising from July 15 to August 8 regarding the organised events of the rebellion.
The concept of granting immunity for criminal offences is deeply flawed across all countries. Criminal acts are severe violations of the law that inflict harm on society, and as such, they should never be subject to any statute of limitations. This ensures that accountability remains intact, regardless of how much time has passed. Seeking justice requires that individuals who commit crimes face legal repercussions, allowing victims to receive the restitution they deserve and ensuring that society upholds its moral and legal values. Therefore, the idea of immunity in the context of criminal acts undermines the foundational principles of justice that permeate legal systems worldwide.
The chairman of the Bangladesh Human Rights Organization, Ain o Salish Kendra (ASK), J. I. Khan Panna, told BBC Bangla, “There is no opportunity to grant immunity to anyone for criminal offences. All current efforts are illegal attempts.” Another human rights activist, Noor Khan Liton, stated, “If there is a criminal offence, it cannot be excluded from the legal process by issuing directives.”
Thousands of Awami League leaders and activists were killed, police killed, and millions of homes, offices, business establishments and police stations were vandalised, looted and burned since noon on August 5. Will criminals not be prosecuted? Is the current government of Bangladesh reforming Bangladesh to maintain this style to build a discrimination-free country by establishing these impurity rules? Where has Yunus’s government found this example of impunity in criminal cases? Members of the country’s law and order forces will be killed while on duty, but the murder will not be prosecuted! People in this country are killed by 7.62mm weapons or cartridges that are not used by law enforcement – will the government not investigate this matter? Did these people die according to the “meticulous plan” to bring Yunus to power to act as an agent of imperialism?
The “Indemnity Ordinance” was enacted in Bangladesh to provide legal immunity for those involved in the assassination of Bangabandhu Sheikh Mujibur Rahman, the Father of the Nation, and his family members. On September 26, 1975, the unlawful and self-proclaimed President Khondker Moshtaque Ahmed issued Indemnity Ordinance 50/1975.
The ordinance consists of two main parts. The first part states that, regardless of any actions taken violating the law on the morning of August 15, 1975, no cases or complaints may be filed in any court, including the Supreme Court, and no legal proceedings may be initiated. The second part grants immunity to those certified by the President as involved in the incident.
This ordinance was later approved by Parliament in 1979 and ratified as a formal law. Following the 5th Amendment to the Constitution of Bangladesh on July 9, 1979, it was incorporated into the revised Constitution.
After a long struggle of 21 years, the Awami League won the general election in 1996, formed the government, cancelled the indemnity law in the seventh national parliament, and initiated the trial for the murder of Bangabandhu. In February 2010, the Bangladesh High Court declared the constitution’s fifth amendment illegal.
Impunity for murderers was established and approved by Parliament, later incorporated into the Constitution of Bangladesh through the Amended Act following the 5th Amendment. However, the murderers of Bangabandhu have faced trial in this land. Justice has been served, and those murderers who are fleeing abroad now have to hide from justice on foreign soil. Once, these criminals boasted about their ‘indemnity’ and bragged about being “murderers.”
Today, those who killed the police, Awami League leaders and activists, and ordinary people have increased the number of dead bodies in the name of the movement. They brought well-planned, familiar people onto the streets with false promises, looted police stations, destroyed government property, destroyed public life and organised extra-judicial killings with the press release of ‘Immunity’ and puffed up their chests with pride; the people of the country will judge them in future.
It is understandable to question why the primary target of this movement is the police. On March 25, 1971, a planned military operation called “Operation Searchlight” was carried out across the country, with Rajarbagh Police Lines being one of the critical locations. Rajarbagh Police Lines also initiated the first war of resistance against the Pakistani invaders. In a fierce three-and-a-half-hour battle, Bengali police officers, motivated by the call for freedom, fought bravely against the heavily armed Pakistani army, equipped only with Lee–Enfield (.303 rifles). At least 150 Bengali policemen were martyred that night.
In 1971, 33,995 police personnel worked in East Pakistan. Around that time, government records indicated that approximately 14,000 Bengali officers across the country rejected allegiance to the Pakistani government and left their posts to join the liberation war.
During the conflict, the following police officers were martyred: one Deputy Inspector General (DIG), four Superintendents of Police, one Additional Superintendent of Police, one Deputy Superintendent of Police, one Sub-Divisional Police Officer (SDPO), twelve police inspectors, eighty-one sub-inspectors, and a total of 751 police officers. Among the fallen were notable figures like DIG of Rajshahi Shaheed Mamun Mahmood, Superintendent of Police of Rajshahi Shaheed Shah Abdul Majid, Superintendent of Police of Comilla Shaheed Kabir Uddin Ahmed, Superintendent of Police of Chittagong Shaheed M. Shamsul Haque, and the Sub-Divisional Police Officer of Pirojpur. Also, renowned author Humayun Ahmed and Dr. Zafar Iqbal’s father, Faizur Rahman Ahmed, are remembered.
Five police officers received gallantry awards: three received the Bir Bikram award, and two received the Bir Pratik award. According to records from the liberation war, 1,262 police members sacrificed their lives for their country and its flag.
The police officers who gave their chests in the first resistance war at Rajarbagh to the bullets of the Pakistani forces have been massacred in their independent Bangladesh. The policeman was killed by entering the police station. The body of the policeman was hanged on the road flyover. The police have been burnt to ashes. The policeman was left in the pond after being killed. Police took refuge in mosques to save lives. Police have been killed in holy places like mosques. Pregnant policewomen were also killed. In Enayetpur of Sirajganj, 13 policemen were killed by attacking and setting fire to the police station. After the murder, a picture of a policeman hanging from a tree with a noose around his neck came into the media and social media. Although it has been almost three months since the incident, the culprits have not been arrested yet!
Protesters have targeted the police due to their historical role in resisting oppression during the liberation war, with nearly half of their members actively involved in the fight for freedom. As a result, anti-liberation forces view the police as significant opponents.
The Rapid Action Battalion (RAB), established by the BNP-Jamaat government on March 26, 2004, was designed to function alongside the police to address security issues while exerting political control. Former Foreign Minister Abdul Momen stated on January 21, 2022, that the RAB was created with assistance from the USA and UK, which provided training in engagement and interrogation techniques.
In the last 15 years, the police have frequently been targeted during various movements. They are committed to their duty, often risking their lives for citizen safety, which makes them a prime target for anti-liberation forces.
The integrity of the Bangladesh police is essential for national stability. If they maintain their principles, it limits the opportunities for those seeking to exploit citizens for their agendas. Certain activist groups are actively trying to undermine the police, aiming to erode public trust and further their political objectives.
During the anti-discrimination student movement, a total of 5,829 weapons and 606,742 rounds of ammunition were looted from various police stations and outposts. In addition to firearms, 31,044 tear gas canisters and 4,692 sound grenades were also stolen. The looted weapons included 1,147 rifles with a calibre of 7.62 mm and 1,556 pistols of the same calibre.
As of September 3, the police have recovered 3,763 weapons, leaving 2,066 still unaccounted for. Additionally, 286,082 rounds of ammunition have been recovered, while 320,660 rounds remain missing. Police headquarters reported this information on September 3.
Citizens of the country are increasingly concerned about the misuse of weapons purchased with their hard-earned VAT tax money. They are demanding transparency and accountability from the Yunus government regarding how these weapons were obtained and what measures are being implemented to prevent their misuse. The government has failed to assure the public that these looted weapons will not be used against innocent civilians or undermine the integrity of the state.
Maintaining law and order is the most critical responsibility of any government and is taken very seriously worldwide. All governments prioritise the prosecution of police killings, recognising that such acts undermine public confidence and threaten the rule of law. When a government is indifferent to the trial of police-related killings, it hampers the ability to govern within a legal framework that upholds justice and protects all citizens.
In developed countries, particularly in Europe, where the legal system does not allow for the death penalty, individuals accused of killing police officers are often denied bail. Globally, police forces are subject to various legal protections that maintain high professional standards. However, in Bangladesh, criminal acts against police officers are being encouraged, resulting in instability within the country. This situation tarnishes the nation’s reputation on the world stage and negatively impacts efforts to establish a positive image of law enforcement and the social fabric.
There is a longstanding principle among police forces worldwide: those who kill police officers should never evade justice. Under the current Yunus administration in Bangladesh, many citizens feel this principle is being violated, instilling fear regarding the unchecked criminal activities of those who kill police officers. The people of Bangladesh are calling for a commitment to establishing the rule of law. They demand justice for these killers to ensure the safety of ordinary citizens and to protect the civil rights of everyone in the country. Let justice be served against all injustices directed at the patriotic police force, the first defenders of freedom, and let the rule of law be firmly established in the country.
Writer: Fellow of the Institution of Engineers, Bangladesh