| p g 1 of 5 Human Rights Violation under Emergency Power Rule An Account of Engr. Mosharraf Hossain September, 2008 Engineer Mosharraf Hossain , a valiant Freedom Fighter and senior politician of BangladeshAwami League (AL) was arbitrarily arrested and detained illegally for 18 months under the Special Power Act by the military backed caretaker government (CTG) of Bangladesh. Even after the High Court's release order the Ministry of Home Affairs violated the rule of law and human rights by re-arresting him with and forcibly detaining him with 30 hours of continuous harassment and threat at the jail gate. Arbitrary arrest & continued detention: After the take-over of military backed government in January 11, 2007, many political leaders, activists and businessmen in Bangladesh went into hiding or left the country in fear of political persecution in the name of anti-corruption drive. To show his support for the anti-corruption drive Engr. Mosharraf enthusiastically went to Anti Corruption Commission (ACC) to submit his wealth statement on 25 th of February 2007 upon receiving their notice. As he was coming out ofthe ACC office he was arbitrarily arrested and detained under Special Power Act (SPA). As a part of their so called corruption drive the current military backed regime went into a witch huntof politicians that resulted in unjustified arrest of some innocent politicians like Engr. Mosharraf, businessmen and university professors. The detention order by the arresting authority was made on the basis of information and materials which preceded the proclamation of emergency and which reflect the pattern of harassment directed to Engr. Mosharraf and his political party under the previous political dispensation, and the circumstances surrounding the detention did not take into account the fundamental change of perspective reflected in the Honorable President's address to the nation on 11th January 2007. The allegations against Engr. Mosharraf were vague, unspecified, indefinite and baseless since he is not involved in activities against the Government. On 30.05.2007 the High Court has declared his detention illegal and instructed the government to free him if he is not wanted in any other cases. However, the rule was stayed by the Government and the matter was then pending before the Appellate Division for hearing of the leave petition for nine months. In prison due to changed lifestyle and diet, Engr. Mosharraf was suffering from high blood pressure and diabetes. His diabetic condition worsened by October 2007 and he almost lost his vision. Later in the prison hospital through an operation in his left eye he regained some of his vision. In the meantime, the "Joint Task Force" and the Anti Corruption Commission continued toharass Engr. Mosharraf's family by raiding their businesses and blocking their bank accounts. Engr. Mosharraf's son, Mahboob Rahman, who was pursuing his case in the High Court, was threatened several times over phone by unidentified men and later he was asked to surrender his and his Finnish wife's passport to a "joint task force" member with a military ranking. Fearingpersecution, Mahboob took his family to Finland in June 2007. From Finland, Mahboob p g 2 of 5 continued to write to the Chief Adviser, Adviser to the Ministry of Home Affairs and other CTG authorities to release his ailing father as he is detained without any charges. Many organization including delegation from EU Member of Parliaments, diplomats, Freedom Fighters Association made similar plea to CTG in November of 2007. On 22 nd of November 2007, a concerned international agency met with the CTG and pointed outthat CTG was violating the Human Rights by detaining Engr. Mosharraf without any specific charges for nine months, the CTG reacted by filing two fabricated charges against Engr. Mosharraf on late evening of 22 nd of November and then on 25th of November of 2007 in orderto justify the continued arbitrary detention. Once his detention under SPA expired after nine months, the Ministry of Home Affairs (MOHA) showed him arrested based on those two fabricated First Information Report (FIR) against him. As per the law, investigation and charge framing must be completed within 3 months of the FIR but nothing was done on Engr. Mosharraf's case and they continue to detain him illegally for eight more months in prison. Bail from High Court and his re-arrest: On 28 th of July 2008, The High Court granted ad-interim bail1 to Engr. Mosharraf and stayed theproceeding of the cases for two months. Soon after the High Court order ACC hastily filed a charge-sheet in one of the cases against him on 30 th of July 2008.On 1 st of August 2008, Engr. Mosharraf's son, Mahboob produced the court order to the Jailauthority at Kashimpur Prison for his release. However, the Jail Super, Mr. Sagir Ali, delayed his release until a large unit of riot police and members of Bangladesh Armed Forces arrived at the jail gate to arrest him. When Engr. Mosharraf was finally released and stepped out of the jail gate, he was immediately arrested and driven away without any warrant or court order. Later he was produced at the Jaydebpur Court where he was charged with violating Emergency Power Rule (EPR) by invoking public with intimidating speeches against the government. Interestingly, the Magistrate was not present at the court as he was taken there soon after the Friday prayer. A pre-signed ready-made court order under rule 16(2) was waiting at the Magistrate's table for Engr. Mosharraf as he was brought to the empty court room. Engr. Mosharraf was asked to sign the off-the-shelf court order so that he can go back to his VIP cell in Kashimpur or he will have to languish few days in overly crowded police station prison with 20 detainees in one cell. After his signature he was sent back to Kashempur Jail in his previous prison cell. Everyone was shocked with the CTG's dual policy and discrimination against Engr. Mosharraf when several controversial leaders of the previous government of Four-Party Alliance, who were publicly identified as most corrupt, war criminals and murderers, were released from prison on bail from the same court a week earlier by holding processions and public speeches on their way out from prison under police escort. Whereas, Engr. Mosharraf, a veteran Freedom Fighter was re-arrested with charges for violating the EPR right in front of the jail gate immediately after his release. How could he violate the EPR inside the prison? 1 Case No: 11802/08 and 11803/08 Dated: 28/8/2008, High Court, Criminal Division Jurisdictionp g 3 of 5 His re-arrest was challenged and a writ petition was filed at the High Court on 10 th of August2008. The court of Justice Khademul Islam Chowdhury issued a Rule Nisi 2 and show cause as towhy the re-arrest under rule 16(2) should not be directed to be unlawful. Justice further directed respondents not to arrest and harass Engr. Mosharraf upon his release on bail without due process of law. Inhuman treatment on the day of his final release at Kashempur Prison: The court order to release Engr. Mosharraf reached Kashimpur Prison by 7:00pm, on 11 th ofAugust. Earlier that day, his son, Mahboob spoke to the Jailer and Jail Superintendent to keep Engr. Mosharraf out of lock-up so that he could be released at 7:30pm. Although the Jailer assured that he would be released upon receipt of the court order, his sons and lawyer waited outside the jail gate until 10:30pm but they refused to release him on security ground as it is too risky to release a VIP prisoner from Kashempur Prison, a remote area at late at night. The Jail Super assured his sons that their father will be released by 9:30am next morning. On 12 th of August, Mahboob was already waiting at the Jail gate since 8:30am but the Jail Superinvited Mahboob to his office at 9:30am to discuss the release. There Mahboob came to know that the jail authority have sent a person to verify the court-order and check whether it is genuine. Inside the jail cell, Engr. Mosharraf was waiting since 4:00am for his release. After 10:00 am Engr. Mosharraf was brought to the Jail Super's office where Mahboob and his brother were waiting. At 10:30am the Jail Super informed the family that the court order was found to be genuine and he will be released soon after he gets clearance from the IG Prison. They waited till 12:00noon but no such clearance came from IG Prison. Mahboob contacted their lawyer and the President of the Supreme Court Bar Association, Barrister Shafique Rahman for his legal opinion on the unnecessary delay by the jail authority to release his father. Barrister Shafique called the Jail Super and told him that he will face contempt to court if he does not release Engr. Mosharrafimmediately upon receiving the court order. A written notice from another lawyer was sent to Jail Super at 12:00noon asking why Engr. Mosharraf is not released after 17 hours of producing the court order. But the jail authority refused to accept the lawyer's notice. Engr. Mosharraf was still detained at Jail Super's office at 2:00 pm with no sign of his release. The Jail Super keeps on receiving calls from higher authority instructing him to keep Engr. Mosharraf and his sons waiting. Jail Super was continuously reminded by Mahboob that what he was doing was totally illegal and that High Court order was the only and supreme instruction he needed to release Engr. Mosharraf. But the Jail Super insisted that he cannot release without clearance from his higher authorities, i.e: IG and DIG of Prison. The situation got more desperate when the Jail Super continued to detain him illegally in his office room till 5:00pm. Barrister Shafique called the Jail Super for the second time at 5:00pm and demanded that Engr. Mosharraf should be released immediately as he is now detained illegally. The Jailer promised Barrister Shafique that Engr. Mosharraf will be released within one hour. In fact the Jail Super was just trying to pacify the Supreme Court Bar Association (SCBA) by giving them false promises. The SCBA and the President of AL already conducted press conference on this matter and condemned this outrageous act by the Jail authority. Despite all the media attention 2 Writ Petition No. 5988 of 2008 High Court, Special Original Jurisdiction.p g 4 of 5 and press conference, the Jail Super is unmoved and continued to detain him under the instruction from "above". By 8:00pm, Engr. Mosharraf, already suffering from high diabetes and high blood pressure, suddenly fell sick as he had been up and waiting at Super's room for 16 hours under tremendous mental pressure without rest. He started to have spasm and could not even sit on the chair properly. His sons requested the Jail Super to send him back to his prison cell so that he can at least lie down and rest in his bed but the Super said that he has strict instruction to keep Engr. Mosharraf waiting in his room until further order. The jail doctor came and said that Engr. Mosharraf's situation is critical as his blood pressure was unusually high and he should be taken to the hospital immediately. Without further delay, the doctor rushed him outside the jail gate to take him to the hospital. As they were waiting outside for the car to pick them up, the Jail Super ordered the prison guards to detain everyone and bring them back inside. Engr. Mosharraf and the doctor were forced inside the Jail gate and his sons were pushed outside the gate. However, Mahboob managed to force his way into the Jail gate but his brother was locked out. With all these anxiety Engr. Mosharraf immediately fell on the nearby guard bench and he was fainting. Mahboob called for help repeatedly but the doctor was taken away to Jail Super's room for questioning. Later the doctor came and informed that they have no option but to wait till the police arrives to arrest Engr. Mosharraf Hossain again in front of the Jail gate. The Jail Super later confirmed that he had been instructed from "above" that Engr. Mosharraf should be released only when the joint forces reaches the Jail gate. The guards took tired and frail Engr. Mosharraf inside the Super's room again and asked him to wait. When the plan to hand-over Engr. Mosharraf to police after midnight was informed to Engr. Mosharraf, he refused to leave the jail and said that the High Court ordered the authorities to release him from prison which also directs them not to arrest or harass without due process of law. He will not be detained or arrested unlawfully in any circumstances especially at late at night. He pointed out that there might be a danger of extra-judicial killing by police and RAB ifhe is taken away unlawfully from the prison at late night. He requested Jail Super that he wants to stay in the prison cell until morning when the media and his lawyers are present in front of the jail gate. But the Jail Super was adamant that he will have to force them to leave the jail when joint forces arrive. Around 11:00pm Mahboob's driver called from outside the jail gate and informed him that that all the TV reporters already left the jail gate and there were no journalist around. Soon after midnight at 12:10am his driver called again and informed that more than 100 police and plainclothed men with weapons surrounded the jail gate. Engr. Mosharraf, already sick and frail took a stern stand that he will not leave the prison so late at night and face unlawful arrest and possible extra-judiciary killing in any circumstances even if he is forced or beaten by the prison-guards. He told the Jail Super that "only my dead body will leave this jail if you force me to leave". Being stuck inside the prison gate with his father, Mahboob also had to take the same stance knowing that they do not have any other choice. From the Jail Super's room Mahboob made several desperate calls to leaders of the Awami League, lawyers and his friends for help in this grave situation. Around 12:25am Jail Super p g 5 of 5 suddenly rushed to Engr. Mosharraf and informed him that he is free to go and that he will not be arrested. When Engr. Mosharraf asked if it was certain that no one will arrest or harass him once he is out of the prison gate, the Jail Super assured that he received a call from higher authority that Engr. Mosharraf will be allowed to leave for hospital for treatment and the joint forces will go back to their station. No sooner this call came; the entire police force retreated from the jail gate quietly. Mahboob and the doctor took Engr. Mosharraf outside the jail gate to the waiting car. His sons then rushed him to Lab Aid Hospital in Dhanmondi and admitted him in a cabin at 3:00 am. Just when Engr. Mosharraf finally rested at the hospital bed after 23 hours of strife, Mahboob got a message that they will be re-arresting Engr. Mosharraf from Lab Aid Hospital in the morning and he should be taken to a safer place. Without delay Mahboob and his brother dragged their sick father out of the hospital to his car and rushed him to a safer place for treatment. Now Engr. Mosharraf and his family are fearful of his safety. His family and supporters are questioning CTG's inhuman and vindictive attitude towards a great leader and a valiant freedom fighter like Engr. Mosharraf Hossain. The CTG took over power by advocating establishment of "Rule of Law" and human rights but their treatment and attitude towards Engr. Mosharraf proofs otherwise. This type of unlawful and malicious treatment of a Freedom Fighter and a senior AL politician like Engr. Mosharraf reflects the pattern of political harassment and butchery that had already killed Freedom Fighters and Pro-Liberation leaders like ASM Kibria, Ahsanullah Masters and others by the evil anti-liberation element. It is feared that these evil elements may still be prominent within the administration of the current care taker government. About Engineer Mosharraf Hossain: Engr. Mosharraf Hossain (born January 12, 1943) is a renowned political leader, businessman and asocial worker in Chittagong, Bangladesh. He is a member of Awami League Central Working Committee and the President of Chittagong North District Awami League. After his graduation from Lahore Engineering University in 1966 he joined politics and was elected as Member of Provincial Assembly (MPA) of then East Pakistan in 1970. He was a valiant Freedom Fighter in the Liberation War of Bangladesh in 1971 as a Sub-sector Commander and ran many successful operations during the war. He was also the member of Constituent Assembly of Bangladesh and one of the lawmaker of the Constitution of Bangladesh in 1972. After the independence of Bangladesh, he was elected as the Member of Parliament (MP) in 1973, 1986 and 1996. After the 1996 election, he served the country as Minister of two portfolios: Ministry of Civil Aviation & Tourism; and Ministry of Public Works and Housing. During his tenure as Minister he had done laudable development in housing, aviation and tourism sector. |
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