It is cases like these that are giving a dark shade to the government’s good initiatives. The question is why? Why are they resorting to the same old practice of making a mockery of our judiciary? Who is doing it ? Until there is clear transparency on this, the buck stops at Fakhruddin’s desk. ADAB by the way stands for Bangladesh Association of Development Agencies in Bangladesh. Quote from Zafar Sobhan’s piece

On January 12, two of the first people picked up by the authorities were Md. Aminul Islam and Abul Kashem Polash, president and senior official of Adab (Association of Development Agencies of Bangladesh) an umbrella organization of more than 1,000 NGOs.

They were initially arrested under the Special Powers Act, but after their detention was declared illegal by the High Court, a series of preposterous and utterly implausible cases has been filed against them, and they remain behind bars.

Adab had long been on the hit-list of the last BNP-led government, and the organization had suffered a great deal of harassment and malicious prosecution during the course of the 4-party alliance’s tenure in office

At first it was hoped that the two Adab officials were arrested based on a list prepared by the previous government and that once their case was brought to light that they would be released in short order. But now, two and half months down the line, it is clear that someone still has it in for them.

Who could this be? Is it BNP dead-enders who are trying to exact one last piece of revenge or still trying at this late date to turn things around. Actually, that would be the most benign and least worrisome explanation.

But the more alarming possibility is that the truth is more sinister even than that. Even as the BNP is imploding, we find that much of its worst priorities and agenda seem to have been picked up and implemented by some party or parties within the current power structure.

The following appeal went out to caretaker government last week.

NOTE: CASES AGAINST ADAB OFFICIALS
1. Md Aminul Islam, Director
2. Abul Kalam Palash, Chairperson, Dhaka Chapter

Detention under Special Powers Act

1. On 12th January 2007, between 2-3am, both men were arrested without warrant from their homes by RAB-2 members. They were not produced before any Court, but instead taken to Dhaka Central Jail.

2. In the evening of 12th January, they were each served with a detention order dated 12th January 2007 issued under Section 3(1) of the Special Powers Act 1974.

3. The grounds of detention dated 18th February 2007 served upon the two men contain vague, indefinite and baseless allegations that they intend or are likely to commit ‘prejudicial acts’ namely ‘to endanger public safety or the maintenance of public order, cause fear or alarm among the public or to prejudice the economic and financial interest of the State’, ‘by assisting in terrorist activities in their area and gathering innocent people including slum dwellers to act against the law and order of the country’. The detention order against Mr. Islam also refers to a pending case which concerns false and baseless allegations of his (and others) committing various offences under the Penal Code, such as assaulting former ADAB staff, stealing their personal belongings etc (Dhanmondi Police Station Case No. 13 dated 12.03.2004).

4. It may be noted that the allegations contained in the detention orders are wholly false and baseless. With regard to the specific case against Mr Islam, this case was lodged about three years ago at the instigation of powerful persons in the previous Government in order to harass senior officials of ADAB; Mr Islam was enlarged on bail by the High Court; the case was brought by ADAB staff member who were themselves involved in trying to disrupt ADAB’s AGM (and against whom the police took no action).

5. On 26th February 2007, in habeas corpus petitions filed earlier on behalf of the two men, the High Court held that both detentions were illegal and improper, and directed that the men be released. However, on 28th February, on an application by the Government, the Appellate Division passed an order staying the High Court judgment; the order of stay was later extended until 29th March 2007.

Specific Criminal Cases

6. On 27th February, the day after the High Court declared the detentions illegal, both men were ‘shown arrested’ in specific criminal cases.
• Mr Islam was falsely implicated in Dhanmondi Police Station Case No.17 dated 12.11.2006; Dhanmondi PS Case No. 25 dated 10.10.2006 and Dhanmondi PS Case No. 1 dated 3.12.2006.
• Mr Palash was falsely implicated in Mohammadpur Police Station Case No. 31 dated 12.9.2006 Mohammadpur PS Case No. 54 dated 21.9.2006.

7. Mr Islam was subsequently granted bail in all three cases on 11th March 2007. However, he could not be released as the detention order against him was extended on 12th March (the date on which it was due to expire), and because he was also shown arrested in another criminal case on 12th March 2007 (Dhanmondi PS Case No. 22 dated 19.4.2006) regarding allegations of damage to property during a strike called by the then Opposition.

8. All these cases related to events that had occurred several months ago, and during hartals or oborodhs occurring during the period of the Four Party Alliance or of the Caretaker Government headed by President Iajuddin Ahmed as Chief Advisor; the two men were not named in any of the FIRs nor were there any specific allegations against them. The cases all relate to allegations of various offences under the Penal Code such as breaking a CNG vehicle, setting alight a car and participation in a procession. There is no question of either person being involved in any such incident. (For example in one case against Mr Islam, the FIR names the accused as ‘6-7 unnamed young men’ ; there can clearly be no question of Mr Islam fitting this description!)

Appeal
9. We believe that the detention of these two men, both development workers, does not accord with the stated intentions of this Government to take action against persons who have been alleged to have abused power or to have amassed ‘black money’. Rather they appear to be innocent victims of circumstance. The timing of the detention orders passed even before the current caretaker government members were sworn into office indicates that these detentions were carried out on the basis of lists and information maintained by the previous regime.

10. It is particularly ironic that these two men are facing such harassment, given that their organisation was victimized and virtually rendered dysfunctional by the previous Four Party Alliance Government, which not only refused to approve foreign donations for the organisation for over five years or to comply with a High Court judgment in this regard, but also harassed individual members with false criminal cases.

11. These cases should be distinguished from the other cases which are currently ongoing against former Ministers and other persons accused of corruption and abuse of power. There is no question of these persons having committed any such offences. A careful review of their files and of the evidence if any available with the investigating agencies would clarify this.

12. Now that the process of separation of the judiciary is ongoing, we have reason to hope and believe that both men will be released on bail and on further investigation, discharged from these proceedings. We also hope and believe that the Supreme Court will uphold the judgment of the High Court finding their detention to be illegal and improper.

13. However, we are afraid that the prolongation of the legal proceedings will result in needless suffering by both men, and will also needlessly harm the image of this Government.

We therefore appeal to the Hon’ble CTG to consider exercising its discretion to direct that appropriate action be taken immediately to withdraw the detention orders against these two men, and to hold an impartial review of the specific cases against them and to ensure their early release.