Sagar Biswas :
The government has given clearance to file a sedition case against BNP chairperson Begum Khaleda Zia for her adverse comments on the number of martyrs who had sacrificed their lives during the Liberation War in 1971.
The case is likely to be filed today [Monday] with the Chief Metropolitan Magistrate Court in Dhaka under Sections 123 A and 124 B of the Penal Code. Former General Secretary of Supreme Court Bar Association Momtaz Uddin Ahmed Mehedi is the plaintiff of the case.
Meanwhile, BNP chairperson’s adviser Khandaker Mahbub Hossain said, “Khaleda’s remark did not constitute sedition. It is a timely one. We must have accurate information about the number of martyrs.”
On filing case, Home Minister Asaduzzaman Khan Kamal on Sunday said, “We had received an application from the
plaintiff on this issue. It was sent to my ministry for getting a formal approval in line with the existing law.”
The Home Minister said, “Following the submission by Momtaz Uddin Ahmed Mehedi, we have given approval and issued a guideline in this regard.”
When asked whether Khaleda Zia would be arrested after the case was filed, the Home Minister said, “Everything will be done in accordance with the law.”
On December 21 last year, BNP chairperson Khaleda Zia while speaking at a discussion expressed doubts about the Awami League government’s claims that nearly three million people died during the Liberation War 1971.
She said, “Freedom fighters fought the war on the battlefield. Today, it is said that some hundreds of thousands were martyred. There is a debate about how many hundreds of thousands were martyred in the Liberation War. Different books give different accounts.”
Without mentioning Bangabandhu Sheikh Mujibur Rahman’s name, Khaleda further said, “He did not want independence of Bangladesh, he [Bangabandhu] wanted to be the Prime Minister of Pakistan, Liberation War would not take place if Ziaur Rahman did not declare independence.”
Khaleda’s comments drew widespread criticism among pro-liberation forces while many slammed her, terming an “agent of Pakistan”.
Referring the issue, plaintiff Momtaz Uddin Ahmed Mehedi said, “I will move the petition to CMM Court of Dhaka on Monday to ensure that the court takes the case in cognizance.”
“I had served a legal notice on December 23 on BNP chairperson, asking her to issue an unconditional apology within seven days or face legal consequences. Getting no reply, I filed a petition last week with the Ministry of Home Affairs seeking clearance to file a sedition case. It was approved on January 21,” Momtaz Uddin Ahmed Mehedi said.
It is the second sedition case against Khaleda Zia. Another case was filed with a Dhaka court on December 27 last year for same type of comments against martyrs. The court had asked Officer-in-Charge of Shahbagh Police Station to take legal action against Khaleda after investigating the allegation brought against her.
Metropolitan Magistrate Md Atiqur Rahman passed the order after Moshiur Malek, founding president of Bangabandhu Foundation, had lodged the sedition charge. In the complaint, Malek alleged that Khaleda at a programme, organised by Jatiyatabadi Muktijoddha Dal to mark the 45th Victory Day, said, “There are controversies over how many were martyred in the Liberation War”.
Just after two days, a Supreme Court lawyer on December 23 served a legal notice on Khaleda, asking her to apologise to the nation within seven days or face legal consequences.
Not only that, a Dhaka court on January 5 ordered a probe into a defamation allegation against BNP Chief Khaleda Zia and the party’s senior leader Goyeshwar Chandra Roy for their derogatory comments on the Liberation War martyrs.
Taking cognizance of the allegation, Metropolitan Magistrate Md Aminul Haque directed Officer-in-Charge (investigation) of Shahbagh police to investigate the complaint and submit a report to the court on February 7.
Meanwhile, BNP chief’s adviser Khandker Mahbub Hossain Sunday claimed that Khaleda’s remarks did not constitute sedition.
“So far as I think, Khaleda Zia’s statement is a timely one. Since independence, we have been saying that three million people have died, but we do not have any information on them. It’s an unfortunate thing for the nation. We must have accurate information about the number of martyrs,” he said.
Explaining section 124 [A] of Penal Code, Khandker Mahbub said, ” Khaleda Zia’s statement does not match as per the clarification given in this section. According to the section, it will be treated as sedition if anyone conducts militant activities to overthrow the government.”
“It is still not decided what will be exact number of martyrs. The accurate number is also needed to provide assistance to the families of the martyrs. We will include the issue with BNP’s electoral manifesto,” he said.
Legal experts have said the sedition law deals with the offence against the State. As per the law, if anyone tells anything in speech or in writing, against the creation of Bangladesh and its sovereignty, he would be sued. The maximum punishment for the offence is 10 years’ rigorous imprisonment along with a fat amount of fine.
