International Affairs Sub Committee

THE DARKEST NIGHT AND ITS AFTERMATH

International Affairs Sub Committee Bangladesh Awami League Prelude 04 Darkest Night 06 Indemnity for Killers 08 Rehabilitation of Killers 10 First Attempt at Accountability 12 Justice Finally 14 Aftermath of Tragedy 19 Victims of 15 August 1975 20 15 August 1975 stands as the darkest night in the history of independent Bangladesh when the Father of the Nation and First Bangabandhu was assassinated along with almost his entire family by a group of wayward army officers as part of a larger national and international political conspiracy. This booklet gives a summary of the tragic events of that fateful night along with the prelude and aftermath of one of the most brutal acts of political violence in history. Prelude

civil administration, established United Nations in September 1974. On rehabilitation centers for women 25th September, 1974 Bangabandhu victims of the war, established a trust for Sheikh Mujibur Rahman became the the welfare of the freedom fighters, first Bengali leader to address the undertook several measures to ensure United Nations General Assembly in food security and agricultural revolution Bangla. such as waiving tax upto certain Following a bloody war of liberation, by national and international quarters measures of land, supply of seeds and It was also a time of the cold war involving the genocide of three million counting on Sheikh Mujib’s project to fertilizers among the farmers for free between the two global superpowers, Bengali lives and the sufferings of build a ‘Sonar Bangla’ (a prosperous etc. USA and USSR. Bangabandhu, while hundreds of thousands of Bengali Bangladesh) to fail, the Father of the being a staunch anti-imperialist and women at the hands of the invading Nation was up for the task. Within three On the international stage too, Sheikh possessing a socialist ideology, was not Pakistani Army and their local and half years, the rebel political leader Mujib showed his charisma as a world interested to be drawn too much collaborators, Bangladesh secured final turned head of government showed his class statesman. In 1972 alone, directly into any side, which is apparent victory against Pakistan on 16 mettle in governance and policy Bangabandhu visited several countries from his emphasis on joining the NAM December 1971. Bangabandhu Sheikh making. to achieve recognition of the newest and maintaining a center-left Mujibur Rahman, who was arrested and state. Within three and half years of his governance system at home. Suffice it kept under Pakistani confinement Within three and a half years, among rule, Bangladesh achieved the to say, that the right wing and extreme immediately following his declaration of other accomplishments, he led the recognition of almost all countries. left-wing forces in Bangladesh Bangladesh’s independence on 26 framing of the constitution of the Under his leadership, Bangladesh chose considered him and his position to be March 1971, came back to his liberated country, rehabilitated 10 million a foreign policy which professed double threats. And conspiracies to homeland on 10 January 1972. refugees who fled to India during the ‘friendship with all, malice to none’. He destabilize his regime came from both War of Liberation, successfully oversaw ensured Bangladesh’s inclusion in the sides. Imagine the situation, Upon his return, Sheikh Mujibur the withdrawal of allied troops from Non Aligned Movement (NAM) and the Bangabandhu faced: on the one hand, Rahman was faced with the immediate Bangladeshi soil, took measures to Organisation of Islamic Countries (OIC), undertaking a monumental task of and mammoth task of rebuilding a re-establish the broken communication among others. His relentless diplomatic rebuilding a war-torn nation, and on the nation ravaged by war and destruction. system, started rebuilding the efforts also ensured that the infant other hand, facing off opposing political Despite various obstacles being put up destroyed infrastructure, revitalised the nation was included as a member of the forces hell-bent on his downfall.

04 The Darkest Night and Its Aftermath civil administration, established United Nations in September 1974. On rehabilitation centers for women 25th September, 1974 Bangabandhu victims of the war, established a trust for Sheikh Mujibur Rahman became the the welfare of the freedom fighters, first Bengali leader to address the undertook several measures to ensure United Nations General Assembly in food security and agricultural revolution Bangla. such as waiving tax upto certain Following a bloody war of liberation, by national and international quarters measures of land, supply of seeds and It was also a time of the cold war involving the genocide of three million counting on Sheikh Mujib’s project to fertilizers among the farmers for free between the two global superpowers, Bengali lives and the sufferings of build a ‘Sonar Bangla’ (a prosperous etc. USA and USSR. Bangabandhu, while hundreds of thousands of Bengali Bangladesh) to fail, the Father of the being a staunch anti-imperialist and women at the hands of the invading Nation was up for the task. Within three On the international stage too, Sheikh possessing a socialist ideology, was not Pakistani Army and their local and half years, the rebel political leader Mujib showed his charisma as a world interested to be drawn too much collaborators, Bangladesh secured final turned head of government showed his class statesman. In 1972 alone, directly into any side, which is apparent victory against Pakistan on 16 mettle in governance and policy Bangabandhu visited several countries from his emphasis on joining the NAM December 1971. Bangabandhu Sheikh making. to achieve recognition of the newest and maintaining a center-left Mujibur Rahman, who was arrested and state. Within three and half years of his governance system at home. Suffice it kept under Pakistani confinement Within three and a half years, among rule, Bangladesh achieved the to say, that the right wing and extreme immediately following his declaration of other accomplishments, he led the recognition of almost all countries. left-wing forces in Bangladesh Bangladesh’s independence on 26 framing of the constitution of the Under his leadership, Bangladesh chose considered him and his position to be March 1971, came back to his liberated country, rehabilitated 10 million a foreign policy which professed double threats. And conspiracies to homeland on 10 January 1972. refugees who fled to India during the ‘friendship with all, malice to none’. He destabilize his regime came from both War of Liberation, successfully oversaw ensured Bangladesh’s inclusion in the sides. Imagine the situation, Upon his return, Sheikh Mujibur the withdrawal of allied troops from Non Aligned Movement (NAM) and the Bangabandhu faced: on the one hand, Rahman was faced with the immediate Bangladeshi soil, took measures to Organisation of Islamic Countries (OIC), undertaking a monumental task of and mammoth task of rebuilding a re-establish the broken communication among others. His relentless diplomatic rebuilding a war-torn nation, and on the nation ravaged by war and destruction. system, started rebuilding the efforts also ensured that the infant other hand, facing off opposing political Despite various obstacles being put up destroyed infrastructure, revitalised the nation was included as a member of the forces hell-bent on his downfall.

The Darkest Night and Its Aftermath 05 these renegade officers with lucrative Kamal, Jamal’s wife Rosy Jamal, brother diplomatic posting and other of Bangabandhu Sheikh Naser, a special government benefits. In his dying branch police officer named Siddikur confession before execution for the Rahman, Colonel Jamil, and army killing of Sheikh Mujib, self-confessed soldier Syed Mahbubul Haque. killer and then military officer stated that Ziaur Rahman was Almost simultaneously the assassins behind the 1975 assassination. attacked the house of the nephew of Declassified documents also now show Bangabandhu, Sheikh Fazlul Hoque that the US Embassy, or at least sections Moni and killed him and his pregnant of it, were contacted by the plotters in wife Arju Moni. They also attacked the their planning stages. house of the brother-in-law of Bangabandhu Abdur Rab Serniabat Three killing operations were carried out and killed Serniabat and his daughter by the disgraced soldiers on that fateful Baby, son Arif Serniabat, grandson night. In their principal operation at the Sukanta babu, son of Serniabat’s elder Darkest residence of Bangabandhu Sheikh brother Sajib Serniabat and a relative Mujibur Rahman in Dhanmondi, , Bentu Khan. Baby Serniabat (15), Arif the killers mercilessly gunned down Serniabat (11), (9), Sukanto Bangabandhu, his wife Sheikh Fazilatun Abdullah (4), unborn child of pregnant Nessa, eldest son , son Arju Moni (0) were the children killed on , youngest son Sheikh 15th August 1975. Night Russell, Sheikh Kamal’s wife Sultana

According to the confessional power using ilegal and/or violent means. statements of the accused and other evidence presented in court and Rashid, Dalim and Moshtaque research on primary and secondary approached the then Deputy Chief of sources from that era, it becomes clear Staff Major General Zia with their plans. that the three main executors of the In his confessional statement to the trial plan of 15th August 1975 were Syed court on the killing of Sheikh Mujib, Farooqur Rahman, Shariful Haque Farooq stated that Khandakar Rashid Dalim and Khandkar Abdur Rashid. informed him that Deputy Army Chief They had, in their aid, a number of General Ziaur Rahman would also wayward and brain-washed low ranking support them if Sheikh Mujib was killed. army officials. Their principal political In an interview with Anthony backing came from the traitor Mascarenhas on England’s ITV, Faroque Khondkar Moshtaque Ahmed, then the and Rashid described their meetings Commerce Minister in Sheikh Mujibur with Zia prior to the August coup. He Rahman’s Cabinet. assured Rashid that the forces in the Army would not move against him and Although acquitted by the court for his men if they succeeded. Zia carefully insufficent evidence, it is widely monitored Rashid's operational plans believed that the ex-State Minister and assured Rashid that he would Taheruddin Thakur and a senior protect their backs. After the killings, bureaucrat of that time, Mahbubul Ziaur Rahman addressed all the junior Alam (Chashi), were also in thick with officers of Dhaka Cantonment and gave Khandker Moshtaque Ahmed’s them refuge at Bangabhaban on the conspiracy to depose Sheikh Mujib from day of the massacre. Zia later awarded

06 The Darkest Night and Its Aftermath these renegade officers with lucrative Kamal, Jamal’s wife Rosy Jamal, brother diplomatic posting and other of Bangabandhu Sheikh Naser, a special government benefits. In his dying branch police officer named Siddikur confession before execution for the Rahman, Colonel Jamil, and army killing of Sheikh Mujib, self-confessed soldier Syed Mahbubul Haque. killer and then military officer Abdul Majed stated that Ziaur Rahman was Almost simultaneously the assassins behind the 1975 assassination. attacked the house of the nephew of Declassified documents also now show Bangabandhu, Sheikh Fazlul Hoque that the US Embassy, or at least sections Moni and killed him and his pregnant of it, were contacted by the plotters in wife Arju Moni. They also attacked the their planning stages. house of the brother-in-law of Bangabandhu Abdur Rab Serniabat Three killing operations were carried out and killed Serniabat and his daughter by the disgraced soldiers on that fateful Baby, son Arif Serniabat, grandson night. In their principal operation at the Sukanta babu, son of Serniabat’s elder residence of Bangabandhu Sheikh brother Sajib Serniabat and a relative Mujibur Rahman in Dhanmondi, Dhaka, Bentu Khan. Baby Serniabat (15), Arif the killers mercilessly gunned down Serniabat (11), Sheikh Russel (9), Sukanto Bangabandhu, his wife Sheikh Fazilatun Abdullah (4), unborn child of pregnant Nessa, eldest son Sheikh Kamal, son Arju Moni (0) were the children killed on Sheikh Jamal, youngest son Sheikh 15th August 1975. Russell, Sheikh Kamal’s wife Sultana

According to the confessional power using ilegal and/or violent means. statements of the accused and other evidence presented in court and Rashid, Dalim and Moshtaque research on primary and secondary approached the then Deputy Chief of sources from that era, it becomes clear Staff Major General Zia with their plans. that the three main executors of the In his confessional statement to the trial plan of 15th August 1975 were Syed court on the killing of Sheikh Mujib, Farooqur Rahman, Shariful Haque Farooq stated that Khandakar Rashid Dalim and Khandkar Abdur Rashid. informed him that Deputy Army Chief They had, in their aid, a number of General Ziaur Rahman would also wayward and brain-washed low ranking support them if Sheikh Mujib was killed. army officials. Their principal political In an interview with Anthony backing came from the traitor Mascarenhas on England’s ITV, Faroque Khondkar Moshtaque Ahmed, then the and Rashid described their meetings Commerce Minister in Sheikh Mujibur with Zia prior to the August coup. He Rahman’s Cabinet. assured Rashid that the forces in the Army would not move against him and Although acquitted by the court for his men if they succeeded. Zia carefully insufficent evidence, it is widely monitored Rashid's operational plans believed that the ex-State Minister and assured Rashid that he would Taheruddin Thakur and a senior protect their backs. After the killings, bureaucrat of that time, Mahbubul Ziaur Rahman addressed all the junior Alam (Chashi), were also in thick with officers of Dhaka Cantonment and gave Khandker Moshtaque Ahmed’s them refuge at Bangabhaban on the conspiracy to depose Sheikh Mujib from day of the massacre. Zia later awarded

The Darkest Night and Its Aftermath 07 ""Whereas it is expedient to restrict the The Indemnity Ordinance started the taking of any legal or other proceedings culture of impunity in Bangladesh as in respect of certain acts or things done well as a culture of political violence by in connection with, or in preparation or shielding the self-confessed killers of execution of any plan for, or steps Bangabandhu and his family members. necessitating, the historical change and After coming back to power in 1996, the proclamation of martial law on the Awami League repealed the ordinance morning of the 15th August, 1975" on 12 November, 1996 through passing the "Indemnity (Repeal) Act". The BNP General Zia indemnified all activities of and Jamaat-E-Islami Members of the post-Bangabandhu illegal regime Parliament who are beneficiaries of the including the killings from August 15, August changeover remained 1975 to April 9, 1979 by passing the conspicuously absent from Parliament Constitution Fifth Amendment Act in during the passage of the bill. The Act to the second parliament, which was repeal the ordinance was challenged in dominated by his party lawmakers who the High Court by the families of two were elected through a very ex-army officers charged with the questionable election. This amendment killings. In January 1997, the High Court itself was also ruled by the Supreme rejected their writ petitions. Court of Bangladesh to be Indemnity 'unconstitutional' subsequently. for Killers

It took 21 years to start the justice legislation was finally repealed paving process for the 15th August tragedy. This the way for justice for the 15th August delay principally occurred as a result of events. the infamous "Indemnity Ordinance", which was introduced by the Just forty-one days into the conspirator Khandaker Moshtaque assassination of Bangabandhu Sheikh Ahmed and then given constitutional Mujibur Rahman, the Indemnity legitimacy by General Ziaur Rahman, to Ordinance was promulgated by protect the killers of Bangabandhu and Khandaker Moshtaque Ahmed, who obstruct justice. Even after the grabbed state power immediately after assassination of Zia himself, successive the killing by putting martial law in governments led by autocrat General place. The only aim of the ordinance Ershad and Khaleda Zia did not bother issued on September 26, 1975 was to to repeal this darkest of dark laws. It was block any legal or other proceedings not until the Awami League came to against the killers and those who were power in 1996 under the leadership of involved in proclaiming the martial law Bangabandhu's daughter Sheikh on the morning of August 15, 1975. It Hasina that this shameful piece of read:

08 The Darkest Night and Its Aftermath ""Whereas it is expedient to restrict the The Indemnity Ordinance started the taking of any legal or other proceedings culture of impunity in Bangladesh as in respect of certain acts or things done well as a culture of political violence by in connection with, or in preparation or shielding the self-confessed killers of execution of any plan for, or steps Bangabandhu and his family members. necessitating, the historical change and After coming back to power in 1996, the proclamation of martial law on the Awami League repealed the ordinance morning of the 15th August, 1975" on 12 November, 1996 through passing the "Indemnity (Repeal) Act". The BNP General Zia indemnified all activities of and Jamaat-E-Islami Members of the post-Bangabandhu illegal regime Parliament who are beneficiaries of the including the killings from August 15, August changeover remained 1975 to April 9, 1979 by passing the conspicuously absent from Parliament Constitution Fifth Amendment Act in during the passage of the bill. The Act to the second parliament, which was repeal the ordinance was challenged in dominated by his party lawmakers who the High Court by the families of two were elected through a very ex-army officers charged with the questionable election. This amendment killings. In January 1997, the High Court itself was also ruled by the Supreme rejected their writ petitions. Court of Bangladesh to be 'unconstitutional' subsequently.

It took 21 years to start the justice legislation was finally repealed paving process for the 15th August tragedy. This the way for justice for the 15th August delay principally occurred as a result of events. the infamous "Indemnity Ordinance", which was introduced by the Just forty-one days into the conspirator Khandaker Moshtaque assassination of Bangabandhu Sheikh Ahmed and then given constitutional Mujibur Rahman, the Indemnity legitimacy by General Ziaur Rahman, to Ordinance was promulgated by protect the killers of Bangabandhu and Khandaker Moshtaque Ahmed, who obstruct justice. Even after the grabbed state power immediately after assassination of Zia himself, successive the killing by putting martial law in governments led by autocrat General place. The only aim of the ordinance Ershad and Khaleda Zia did not bother issued on September 26, 1975 was to to repeal this darkest of dark laws. It was block any legal or other proceedings not until the Awami League came to against the killers and those who were power in 1996 under the leadership of involved in proclaiming the martial law Bangabandhu's daughter Sheikh on the morning of August 15, 1975. It Hasina that this shameful piece of read:

The Darkest Night and Its Aftermath 09 Those who were given diplomatic jobs where they stayed in a hotel for several as rewards by the successive months. From Thailand they went to governments of Ziaur Rahman, HM Dubai and then to Libya. General Ziaur Ershad and Khaleda Zia for the August Rahman, with the help of the then 15 and November 3, 1975 killings were: Lt Pakistan premier Zulfiquer Ali Bhutto, Col Shariful Huq Dalim, Lt Col Md Abdul convinced Libyan leader Muammar Aziz Pasha, Lt Col Mohiuddin Ahmed, Lt Gaddafi to allow Rashid and his family Col Sultan Shahriar Rashid Khan, Maj to live in that country. Zia also gave Mrs Md Bazlul Huda, Lt Col AM Rashed Rashid a duplex house in the posh Chowdhury, Lt Col SHBM Nur Gulshan area of Dhaka. Chowdhury, Maj Ahmed Sharful Hossain, Capt Md Kismat Hashem, Lt During Ershad’s regime, the killers got Khairuzzaman (later major), and Lt politically rehabilitated in Bangladesh. Abdul Majid (later captain). Lt Col Rashid and Lt Col Farooq returned to Bangladesh during the Ershad When Ziaur Rahman assumed power regime and formed the Freedom Party he systematically helped the on November 7, 1987. Freedom Party rehabilitation of the killers of contested in the farcical parliamentary Bangabandhu. According to Mehnaz polls of 1988 through which Rashid, daughter of Khandaker Abdur Bangabandhu's killer Major Bazlul Huda Rashid, Ziaur Rahman used to pay $100 was elected a member of the a day to the family of Abdur Rashid as parliament. Farooq contested in the Rehabilitation hotel expenses in Thailand following the presidential election of October 15, 1986 assassination of Bangabandhu. as the party's nominee. Rashid took part in the February 15, 1996 “elections'' by Rashid's wife and four daughters were Khaleda Zia and was 'elected' to the of Killers sent to Thailand in late September 1975 parliament.

Following the 15 August 1975 tragedy, November 7, 1975 regime change, successive governments not only did former military ruler Lt Gen Ziaur not take any steps to punish the killers, Rahman rewarded 12 army officials but in fact rehabilitated and rewarded involved in the Bangabandhu killing the killers and conspirators. This started with diplomatic jobs at Bangladesh with the killer majors and colonels missions abroad in 1976. They were being allowed free passage to Bangkok incorporated in the foreign service in by a special plane arranged by the then September 1980 under his direction. president, Khandaker Moshtaque Ahmed, immediately after the jail killing Subsequent military ruler HM Ershad, of the four national leaders on who came to power through a military November 3. coup on March 24, 1982, and the elected governments of Khaleda Zia followed Among the prominent killers who had the policy of Lt Gen Zia regarding the led both the killings and fled the self-confessed killers of Bangabandhu. country were Lieutenant Colonels Syed The accused army officers enjoyed all Farooqur Rahman, Khandaker Abdur facilities of government jobs and got Rashid, and Shariful Haque Dalim. promotions during these regimes. Assuming power through the

10 The Darkest Night and Its Aftermath Those who were given diplomatic jobs where they stayed in a hotel for several as rewards by the successive months. From Thailand they went to governments of Ziaur Rahman, HM Dubai and then to Libya. General Ziaur Ershad and Khaleda Zia for the August Rahman, with the help of the then 15 and November 3, 1975 killings were: Lt Pakistan premier Zulfiquer Ali Bhutto, Col Shariful Huq Dalim, Lt Col Md Abdul convinced Libyan leader Muammar Aziz Pasha, Lt Col Mohiuddin Ahmed, Lt Gaddafi to allow Rashid and his family Col Sultan Shahriar Rashid Khan, Maj to live in that country. Zia also gave Mrs Md Bazlul Huda, Lt Col AM Rashed Rashid a duplex house in the posh Chowdhury, Lt Col SHBM Nur Gulshan area of Dhaka. Chowdhury, Maj Ahmed Sharful Hossain, Capt Md Kismat Hashem, Lt During Ershad’s regime, the killers got Khairuzzaman (later major), and Lt politically rehabilitated in Bangladesh. Abdul Majid (later captain). Lt Col Rashid and Lt Col Farooq returned to Bangladesh during the Ershad When Ziaur Rahman assumed power regime and formed the Freedom Party he systematically helped the on November 7, 1987. Freedom Party rehabilitation of the killers of contested in the farcical parliamentary Bangabandhu. According to Mehnaz polls of 1988 through which Rashid, daughter of Khandaker Abdur Bangabandhu's killer Major Bazlul Huda Rashid, Ziaur Rahman used to pay $100 was elected a member of the a day to the family of Abdur Rashid as parliament. Farooq contested in the hotel expenses in Thailand following the presidential election of October 15, 1986 assassination of Bangabandhu. as the party's nominee. Rashid took part in the February 15, 1996 “elections'' by Rashid's wife and four daughters were Khaleda Zia and was 'elected' to the sent to Thailand in late September 1975 parliament.

Following the 15 August 1975 tragedy, November 7, 1975 regime change, successive governments not only did former military ruler Lt Gen Ziaur not take any steps to punish the killers, Rahman rewarded 12 army officials but in fact rehabilitated and rewarded involved in the Bangabandhu killing the killers and conspirators. This started with diplomatic jobs at Bangladesh with the killer majors and colonels missions abroad in 1976. They were being allowed free passage to Bangkok incorporated in the foreign service in by a special plane arranged by the then September 1980 under his direction. president, Khandaker Moshtaque Ahmed, immediately after the jail killing Subsequent military ruler HM Ershad, of the four national leaders on who came to power through a military November 3. coup on March 24, 1982, and the elected governments of Khaleda Zia followed Among the prominent killers who had the policy of Lt Gen Zia regarding the led both the killings and fled the self-confessed killers of Bangabandhu. country were Lieutenant Colonels Syed The accused army officers enjoyed all Farooqur Rahman, Khandaker Abdur facilities of government jobs and got Rashid, and Shariful Haque Dalim. promotions during these regimes. Assuming power through the

The Darkest Night and Its Aftermath 11 supporters who held meetings in different parts of Britain, Europe and in Bangladesh. The aim was “to make its appraisal of the legal issues involved in order to determine action that may be initiated to bring those responsible for the commission of these grave crimes to justice”.

Sir Thomas Williams, QC MP, headed the commission, which also had Sean MacBride, former president of Amnesty International and winner of the Nobel Peace Prize, Jeffrey Thomas, QC MP, and Aubrey Rose. In the foreword, wrote about the purpose of instituting a commission: “Unable to get satisfaction from the Bangladesh authorities, the families of the victims and their democratic minded supporters in Britain, determined that the matter must not be allowed to rest, persuaded a number of distinguished jurists to set up a commission to inquire First Attempt at into the murder of Bangabandhu and his family and of the four national leaders while under detention without Accountability trial in the Dacca Central Jail”.

Before the trials started in 1996, the first Their preliminary report, which was attempt at accountability for the tragic published on Mar 20, 1982, concluded events of 15 August 1975 came “that the processes of law and justice internationally. This was unsurprising, have not been permitted to take their given the Indemnity Ordinance course following the murders” and that shielding the killers at home. This came it appeared that “the government has in the form of a commission of British duly been responsible for impeding jurists in 1981. However, General Ziaur their process. These impediments Rahman who was the then so-called should be removed and law and justice President of Bangladesh, barred the should be allowed to take their course.” entry of these jurists in Bangladesh by According to the report, the refusing them visas to travel. The commission was set up amid concern Commission of Jurists aimed to felt in many quarters in Bangladesh, investigate the circumstances which and in the international community, at had “impeded the normal processes of the failure to bring their murderers to law and justice from having taken their justice. It was in response to an appeal course in these cases”. made by the family of Bangabandhu and the other victims, as well as other

12 The Darkest Night and Its Aftermath supporters who held meetings in different parts of Britain, Europe and in Bangladesh. The aim was “to make its appraisal of the legal issues involved in order to determine action that may be initiated to bring those responsible for the commission of these grave crimes to justice”.

Sir Thomas Williams, QC MP, headed the commission, which also had Sean MacBride, former president of Amnesty International and winner of the Nobel Peace Prize, Jeffrey Thomas, QC MP, and Aubrey Rose. In the foreword, Sheikh Hasina wrote about the purpose of instituting a commission: “Unable to get satisfaction from the Bangladesh authorities, the families of the victims and their democratic minded supporters in Britain, determined that the matter must not be allowed to rest, persuaded a number of distinguished jurists to set up a commission to inquire into the murder of Bangabandhu and his family and of the four national General Ziaur Rahman leaders while under detention without trial in the Dacca Central Jail”.

Before the trials started in 1996, the first Their preliminary report, which was attempt at accountability for the tragic published on Mar 20, 1982, concluded events of 15 August 1975 came “that the processes of law and justice internationally. This was unsurprising, have not been permitted to take their given the Indemnity Ordinance course following the murders” and that shielding the killers at home. This came it appeared that “the government has in the form of a commission of British duly been responsible for impeding jurists in 1981. However, General Ziaur their process. These impediments Rahman who was the then so-called should be removed and law and justice President of Bangladesh, barred the should be allowed to take their course.” entry of these jurists in Bangladesh by According to the report, the refusing them visas to travel. The commission was set up amid concern Commission of Jurists aimed to felt in many quarters in Bangladesh, investigate the circumstances which and in the international community, at had “impeded the normal processes of the failure to bring their murderers to law and justice from having taken their justice. It was in response to an appeal course in these cases”. made by the family of Bangabandhu and the other victims, as well as other

From left to right, Sean MacBride, Sheikh Hasina & Sir Thomas Williams

The Darkest Night and Its Aftermath 13 Even the justice process for the crimes of 15 August 1975 began, they were not without hiccups. Most of the accused were absconding abroad, BNP and their allies were against the Justice process, delaying tactics employed by the accused, intentional obstruction by BNP Government between 2001-06 etc. Here is a short timeline of the decades long justice process that Finally followed:

August 14, 1996

Three major accused of January 15, 1997 Bangabandhu murder- Sacked lieutenant Criminal Investigation colonels Syed Farook October 3, 1996 Department (CID) Rahman, Sultan March 12, 1997 submits charge sheet Shahriar Rashid Khan CID police takes up the against 20 accused to and former state case and launches Chief Metropolitan Trial starts as six arrested minister Taheruddin investigation into the Magistrate (CMM)'s accused appeared in Thakur are arrested. Bangabandhu murder. court. court.

Parliament repeals the CMM of Dhaka sends Prime witness Mohitual Indemnity Act paving the case to Dhaka Islam testifies before the First Information Report ways to bring the killers District and Sessions court. (FIR) on the August 15, to justice. Judge's court for trial on 1975 carnage is lodged completion of legal with police by the then formalities. July 6, 1997 resident PA to the November 14, 1996 president AFM Mohitul Islam. March 1, 1997

October 2, 1996

14 The Darkest Night and Its Aftermath Even the justice process for the crimes of 15 August 1975 began, they were not without hiccups. Most of the accused were absconding abroad, BNP and their allies were against the process, delaying tactics employed by the accused, intentional obstruction by BNP Government between 2001-06 etc. Here is a short timeline of the decades long justice process that followed:

December 14, 2000 January 27, 2010 High Court bench July 9, 1998 Apex court rejects delivers split judgement review petitions by AKM after 28 days of hearing. Bangladesh and Mohiuddin (lancer). October 13, 1998 Senior judge M Ruhul April 30, 2001 June 18, 2007 Thailand sign extradition Ex-major Bazlul Huda, ex Amin upholds death January 9, 2010 treaty to bring home Lt. Col. Shahriar Rashid August 5, 1998 The 17-month trial penalties of 10 of the 15 Third judge Mohammad The United States back fugitive sacked Khan, Syed Farooqur process ends on the November 8, 1998 and the other judge Fazlul Karim confirms returns absconding Ex-lieutenant colonels Major Bazlul Huda, one Rahman and Mohiuddin April 07, 2020 April 11, 2020 of the two men who The accused claim 146th day of hearing ABM Khairul Haque death sentences of 12 of convict ex-lieutenant AKM Mohiuddin (lancer), Sacked major Bazlul October 5, 2009 Mohiuddin Ahmed Ahmed (artillery). shot Bangabandhu innocence as the with the end of confirms the capital the accused after 25 colonel AKM Mohiuddin January 27, 2010 Capt. Abdul Majed Trial starts as six arrested Huda is flown back in an (lancer) and ex-major ex Capt. Abdul Majed is dead testimony of witnesses' arguments between the punishment for all the days of hearing. (lancer) to face justice. hanged in Dhaka accused appeared in end. air force jet from a Thai 15. Final appeal hearing of Bazlul Huda seek arrested in Dhaka after lawyers. The president rejects the Central Jail, Keraniganj. court. jail (in the afternoon). the case begins at the presidential clemency. decades of absconding. Appellate Division. mercy petitions.

Argument between President rejects mercy prosecution and Chief Justice MM Ruhul Prime witness Mohitual Hearing of the last of the Concurrent death BNP Government does Apex court dismisses The president rejects the Ex-lieutenant colonel All the five death row petition of Abdul Majed. defence lawyers starts Amin constitutes a Islam testifies before the 61 prosecution witnesses reference and appeal everything in its power appeal prayers mercy petitions. Syed Faruq Rahman convicts are executed. with the statement of five-member bench at court. (out of listed 74 PWs) hearing begins in High to ensure that the trial upholding the High seeks presidential chief prosecution the apex court for the ends with the Court. does not proceed any Court verdict. January 9, 2010 mercy. counsel Serajul Haque. Judge Kazi Golam Rasul The concurrent death appeal hearing April 09, 2020 cross-examination of the further. January 28, 2010 hands down death reference and appeal comprising Justice M July 6, 1997 case's investigating penalties to 15 ex-army hearing begins at Tafazzal Islam, Justice M November 19, 2009 January 27, 2010 officer, Abdul Kahhar August 24, 2000 officers (in the morning). another High Court May 2001-May 2007 Abdul Aziz, Justice BK Akhand. August 12, 1998 bench as the split Das, Justice M judgement required the Mozammel Hossain and case to be referred to a Justice SK Sinha. July 21, 1998 November 8, 1998 third judge in a second bench. October 4, 2009

February 12, 2001: Pakistan. Under Moshtaque, relations Unfinished Business were immediately improved with Pakistan. His successors in power, While the sentences against a number Justice Sayem and Gen Ziaur Rahman of the convicts have already been followed in his footsteps. During their carried out, several are still absconding. governments, the constitution was Of the five fugitives – Noor Chowdhury, amended through martial law M , Khandkar Abdur proclamations to omit secularism from Rashid, Shariful Haque Dalim and it and to replace secularism with Moslehuddin Khan - the location of only "absolute trust and faith in Almighty two have been confirmed so far. Noor is Allah". currently living in Canada, and Rashed is in the US. There is no concrete The constitutional restriction on the use information on the whereabouts of the of religion in politics was withdrawn others. The government of Bangladesh allowing some anti-liberation Islamic and Awami League, as a party, are political parties and organisations, carrying out diplomatic and political including Jamaat-e-Islami, to resume communications for extraditing these their activities. The regime-led by Gen fugitive killers from justice. Bangladesh Zia began a policy of rehabilitation of needs, and requests, the help of its war criminals. He made Shah Aziz, who foreign friends for bringing back these opposed Bangladesh’s birth, prime self-confessed killers back home to face minister of his government. The BNP, the justice that they so thoroughly the party he founded, has been deserve. following his policy ever since. Anti-liberation politician Abdur Rahman Biswas was made president in 1991 by Khaleda Zia. Two more war criminals Aftermath Matiur Rahman Nizami and Ali Ahsan Mohammad Mojaheed, chief and of Tragedy secretary general of the Jamaat-e-Islami were made ministers by Zia's widow Khaleda Zia in her 15 August 1975 marked the beginning of government in 2001. a culture of impunity and politics of killing in Bangladesh. It changed the Assassination of Gen. Zia in 1981 brought landscape of politics in Bangladesh. Two in another spell of martial law. Gen more coups d'état took place in Ershad, the then army chief, grabbed November of the same year. On 3 state power overthrowing the then November 1975, four national leaders president Justice Abdus Sattar in March and senior Awami League figures Syed 1982. Gen Ershad also continued using Nazrul Islam, Tajuddin Ahmed, M religion to consolidate his position. He Mansur Ali and AHM Qamruzzaman, took a step further and gave Islam the were killed by Moshtaque Ahmed and status of state religion in 1990. It was his 15 August plotters inside Dhaka only through a constitutional Central Jail. amendment in 2011, that the Awami League dominated Parliament was able The plotters were against Mujib’s vision to bring back the founding principle of of a secular Bangladesh based on ‘secularism’ in the Bangladesh principles of social justice and wanted to Constitution. establish an Islamic right-wing state like

The Darkest Night and Its Aftermath 19 Victims of 15 August 1975

Bangabandhu Sheikh Mujibur Begum Rahman Fazilatunnesa Birth: Tungipara, Birth: Tungipara, Gopalganj, 17 March Gopalganj., Aug 8, 1930 Sheikh Kamal 1920 Birth: Gopalganj, Aug 5, She was the wife of Sheikh 1949 The Father of the Nation Mujibur Rahman. Serving He was the eldest son of and First President of as a principal source of Sheikh Mujibur Rahman. Bangladesh, Sheikh support and inspiration for He was a freedom fighter, Mujibur Rahman was the the Father of the Nation, noted cultural and sports architect of Bangladesh’s she was actively involved in organiser. He also played independence. In a May forwarding the cause of significant roles in the 1966 2004 opinion poll by BBC Bangladesh's movement for Bangla, he was voted the independence and bent on self-determination, and the ‘greatest Bengali of a making her husband's 1969 mass uprising. thousand years’. dream come true.

20 The Darkest Night and Its Aftermath Parveen Jamal Rosy Sultana Kamal Khuku Birth: Sylhet, 1956 Parveen Jamal Rosy was Birth: Dhaka, 1951 the wife of Sheikh Jamal Sheikh Jamal and daughter of She was the wife of Sheikh Bangabandhu's younger Kamal. She had a BSS Birth: Gopalganj, Apr 28, sister Khadeza Hossain. She (Hons) from Dhaka 1954 was studying at University. She was an Sheikh Jamal was the Badrunnesa Ahmed established athlete and second son of Sheikh College. Her father was won several national prizes. Mujibur Rahman. While Syed Hossain serving as the being under house arrest establishment ministry with his mother in July, 1971, secretary under the he fled to the free zone and Bangabandhu participated in the liberation government. war.

Abdur Rab Serniabat Birth: Barisal, 1921 Sheikh Russel Sheikh Abu Naser Abdur Rab Serniabat was Birth: Oct 18, 1964 Birth: Tungipara, the husband of Sheikh Gopalganj, Sept 1928 Mujibur Rahman's third Sheikh Russel was the sister Amena Begum. youngest son of Sheikh Sheikh Abu Naser was the Bangabandhu appointed Mujibur Rahman. He was a younger brother of Sheikh him as agriculture minister 10 year-old student at Mujibur Rahman. He was a in 1973. He had a significant Dhaka University renowned businessman in role in reforms in Laboratory High School. . agriculture.

The Darkest Night and Its Aftermath 21 Begum Arzu Baby Serniabat Sheikh Fazlul Moni Haque Moni Birth: Barisal, May 20, 1960 Birth: Barisal, Mar 15, Birth: Tungipara, 1947, Barisal Baby Serniabat was the Gopalganj, Dec 4, 1939 youngest daughter of Begum Arzu Moni was the Abdur Rab Serniabat. She Sheikh Fazlul Haque Moni wife of Sheikh Fazlul Haque was a class-nine student of was the eldest son of Moni. She sat MSS exams in Laboratory High School in Sheikh Mujibur Rahman's political science in Dhaka Dhaka University. elder sister. He was the University in 1975. At the founding chairman of time of her murder, she Awami Juba League. was pregnant.

Shahid Serniabat Abdul Nayeem Arif Serniabat

Birth: Barisal, Mar 26, Khan Rintu Birth: Mar 27, 1964 1940 Birth: Barisal, Dec 1, 1957 Arif Serniabat was the Shahid Serniabat was a Abdul Nayeem Khan Rintu youngest son of Abdur Rab nephew of Abdur Rab was a cousin of Amir Serniabat. He was a Serniabat. He was the Hossain Amu. He sat for his class-four student of correspondent to Dainik SSC exam under Barisal Laboratory High School in Bangla in Barisal. Zilla School in 1975. Dhaka University.

22 The Darkest Night and Its Aftermath Col. Jamil Uddin Ahmed Sukanto Birth: Gopalganj, Feb 1, 1933 Abdullah Babu A decorated army officer, Colonel Jamil was the Principal Security Officer to Bangabdhu Sheikh Mujibur Rahman. Birth: Gauranadi, Barisal, He was born in Gopalganj in February, 1933. Moments June 22, 1971 before his assassination, Bangabandhu called him for help. Rushing to save his President, Colonel Jamil was assassinated as he reached Sobhanbagh, yards away from Bangabandhu’s Dhanmondi residence. Special Four year old Sukanto Branch Officer Siddikur Rahman and Army Soldier Syed Abdullah Babu was a Mahbubul Hoque also laid down their lives trying to grand-son of Abdur Rab protect their President and his family. Serniabat. Arif Serniabat was the youngest son of Abdur Rab Serniabat. He was a class-four student of Laboratory High School in Dhaka University.

International Affairs Sub Committee Bangladesh Awami League www.albd.org