Trial of War Criminals and Lootings by the Indian Army in 1971

In his write-up Dr. Bashar (News From Bangladesh, April 10, 2009: http://www.newsfrombangladesh.net/view.php?hidRecord=257270) has raised some very important issues. I shall comment on a few of these:

1. While independent judiciary is much desirable for most nation states, and has worked very effectively in countries with long traditions of democracy and the rule of law, I have serious doubt about its transparency and effectiveness in a crime- and corruption-infested country like Bangladesh. I am reminded by many independent observers of our judicial system that in Bangladesh some judges and magistrates can be bought like whores where many lawyers work as pimps. It is an open secret that even some judges in the High Court nowadays are much given to taking bribes. As to the lower courts, the problem is widespread. If these accusations are true who in the right mind would like to see the emergence of an independent judiciary?

In my family's 4-year battle against a powerful land-grabbing syndicate that during the BNP-era enjoyed support from a BNP-MP from Chittagong, we have found out the hard way as to how despicable and corrupt the judiciary has become. I am sure there are many honest individuals who still do the right thing and are uncompromising, letting us to believe in the system and think that justice would eventually prevail. In these days of ours, they are definitely close to angels! But fact remains there are some who are utterly corrupt. Their lifestyle would testify to their corruption. I could cite some corrupt judges and magistrates that took bribes from the criminal land-grabbing syndicate so that not only would those criminals have a not-guilty verdict in their favor (in spite of gravity of their crimes) but also to harass genuine land-owners.

So, while an independent judiciary is a boon to societies where the rule of law works and judiciary cannot be bought, its independence without any accountability to anyone can foster crimes in our society. The criminals have more money to spend and bribe to buy verdicts in their favor, when judges are dishonest and corrupt. Where can the victim find justice against such crimes committed by corrupt judges and judicial magistrates? The matter of independent judiciary, therefore, needs to be debated thoroughly so as to study its pros and cons, keeping in mind Bangladesh's peculiar socio-economic condition. If we miss that peculiarity, we shall miss everything. A wrong prescription can only victimize our innocent people leaving them no tools to fight against powerful criminals who bribe the judiciary for favorable verdicts.

2. It is true that the Indian Army had committed looting after the fall of the then East Pakistan, leading to the independence of Bangladesh in Dec. 1971. These are not some made-up accusations that are spread by anti-Indian observers, but real hard facts. Those thefts committed by the Indian army are deplorable and must be condemned by all. However, the unpleasant truth is that we won't be able to name a single so-called foreign liberating force that has not committed such crimes. Just look at the robbery by the armed forces of the USA in the not-too-old Iraqi war? Many of the national treasures of Iraq and Afghanistan are now sold in the American and European markets. And as to other military expeditions where the armed forces acted as invaders, the results are much more horrifying, e.g., Israeli Defense Forces in Lebanon, the Russian troops in Afghanistan, Japanese Army in China and Korea. It is rational to believe that confessions of such crimes and due compensation paid for the loot will go a long way towards fostering amity between the affected and concerned parties. This is something that India ought to consider seriously towards improving her image in Bangladesh. In a long line of grievances against India, that would be the starting point of fence-mending measures with Bangladesh.

3. As rightly pointed by Dr. Bashar the important matter of trial of the war criminals of 1971 needs to happen without any political baggage. However, the unfortunate fact is: the major opposition political party is made up of some war criminals who played major roles in not only intimidating and killing freedom fighters (who took arms against the Pakistan regime) and thus solidifying Pakistan army's stranglehold of our people but directly participated in the killings of many innocent unarmed Bangladeshis. So, any call for an impartial trial of the war criminals is not going to be an easy task given BNP's history of drawing much of the former Pakistan-lovers (esp. during the Liberation War) into its ranks and files. In today's Bangladesh, no party can afford to be anti-Bangladesh. But where did those elements hide? Many such individuals with problematic past had joined the BNP. This observation should not belittle the fact that the BNP party also comprises of people that participated in the liberation war, and was formed by Ziaur Rahman - a freedom fighter who rose to become the Army chief and President.
The issue of the trial of war criminals is a national one that is totally endorsed and backed by the voters, and any compromise there would be suicidal to the Awami League. My fear is the trial won't be an easy one given inclusion of some war criminals within the BNP leadership, both inside and outside the Jatiya Sangshad.

Just like the matter of Khaleda Zia's residence within the cantonment, the potential trial of the key figures within the BNP leadership on war crimes would politicize the issue. The party leadership naturally will not allow such from happening and will try to take the nation into a path of confrontation and chaos. The war criminals outside BNP will also the join the band-wagon of BNP to make sure that they are not tried.
There are many inside Bangladesh who even see a connection with the Feb. 25 massacre inside the BDR HQ with such anti-liberation forces within the opposition parties. They surmise that the massacre was initiated so that the trial issue could be sidelined, pushing the country into a political instability. It is not difficult to understand that there are forces within and outside Bangladesh that benefit from her political instability, and are doing their utmost to worsen the situation inside.

It is, therefore, imperative that Bangladesh's genuine intellectuals come forward to diagnose her inherent maladies and offer solutions that are 100% neutral and are untainted by any political affiliation. Failing this, these individuals would pave the path for Bangladesh's failure as a nation state. May Allah help us all.

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