Indemnity Ordinance, 1975 | |
---|---|
President of Bangladesh Jatiya Sangsad | |
Citation | Ordinance No. 50 of 1975 |
Territorial extent | Bangladesh |
Enacted by | Ordinance enacted by President Khondaker Mostaq Ahmed in 1975; Act enacted by President Ziaur Rahman in 1979. |
Enacted | 26 September 1975 |
Repeals | |
Indemnity (Repeal) Act, 1996 | |
Amended by | |
Indemnity Act, 1979 | |
Status: Repealed |
The Indemnity Ordinance, 1975 was a controversial law enacted by the martial law administration of Bangladesh on 26 September 1975. It provided legal immunity to all persons involved in the assassination of Sheikh Mujibur Rahman, who was killed with most of his family on 15 August 1975. Immunity meant the assassins were immune from any legal action. The surviving family members of Sheikh Mujibur Rahman were unable to file a murder case against the assassins due to this law.
The ordinance was converted into an Act of Parliament by the Bangladesh Nationalist Party on 9 July 1979 through the Indemnity Act, 1979. [1] When the Awami League led by Sheikh Mujib's surviving daughter Sheikh Hasina was elected to power in 1996, the law was repealed through the Indemnity (Repeal) Act, 1996. [2]
Published in an Extraordinary Bangladesh Gazette , the main purpose of the ordinance was described as being:
to restrict the taking of any legal or other proceedings in respect of certain acts or things done in connection with, or in preparation execution of any plan for, or steps necessitating, the historical change and the proclamation of Martial Law on the morning of the 15th August, 1975.
Whereas it is expedient to restrict the taking of any legal or other proceedings in respect of certain acts or things done in connection with or in preparation or execution of any plan for, or steps necessitating, the historical change and the proclamation of Martial Law on the morning of the 15th August, 1975. [3]
Due to the indemnity law, most of the assassins continued to live freely in Bangladesh without any legal repercussions for their actions. Some were even appointed as diplomats of the Bangladeshi government. Two of the assassins, including Colonels Khandaker Abdur Rashid and Syed Faruque Rahman, [4] admitted to killing Sheikh Mujib in TV interviews. The self-confessed assassins regularly traveled abroad. By the time of the law's repeal in 1996, most of them were absconding abroad and became fugitives from the law. As of 2022, many of the assassins continue to be fugitives, including Colonel Rashid.[ citation needed ]
Twenty-one years after the 1975 Ordinance was issued, the law was repealed through the Indemnity (Repeal) Act, 1996 which was passed by the parliament during the first term of Sheikh Hasina as Prime Minister under the presidency of Shahabuddin Ahmed on 12 November 1996. Section 6(c) of the General Clauses Act 1897 states that if a new law repeals an old one, "any right, privilege, obligation or liability acquired, accrued or incurred" [5] on certain people by the old law cannot be affected or repealed by the new repealing law. Since the people involved in Sheikh Mujib's assassination were granted indemnity (a privilege) by the 1975 Ordinance, the 1996 repealing Act stated that "at any time before the coming into force of this Act, if any, the provisions of Section 6 of the General Clauses Act, 1897 (X of 1897) shall not apply and the acts done, arrangements adopted, certificates or orders issued or rights or privileges acquired or liabilities created shall not apply." Thus, the 1996 repealing Act opened the doors for the conspirators of Sheikh Mujib's assassination to be tried and prosecuted under the Bangladeshi Law. The Indemnity (Repeal) Act, 1996 states: [6]
WHEREAS it is expedient and necessary to repeal The Indemnity Ordinance, 1975 (Ordinance Law of 1975); Therefore, it is hereby enacted as follows: —
Section 1. Short Title
1. This Act shall be known as The Indemnity (Repeal) Act, 1996. [7]
Section 2. Repeal of L of 1975
2(1). The Indemnity Ordinance, 1975 (L of 1975, printed as XLX of 1975), hereinafter referred to as the Ordinance, is hereby repealed.
2(2). Any acts done, any arrangements adopted, any certificates or orders issued or any rights or privileges acquired, or any liabilities created for the Government or any authority, under the said Ordinance at any time before the coming into force of this Act, if any, the provisions of Section 6 of the General Clauses Act, 1897 (X of 1897) shall not apply and the acts done, arrangements adopted, certificates or orders issued or rights or privileges acquired or liabilities created shall not apply. Upon the repeal of the said Ordinance by sub-section (1), it shall become ineffective, null and void as if the said Ordinance has not been promulgated and the said Ordinance did not and does not exist. [8]
Sheikh Mujibur Rahman, also known by the honorific Bangabandhu, was a Bangladeshi politician, revolutionary, statesman, activist and diarist, who was the founding president of Bangladesh. As one of the founding leaders of Bangladesh, he had held continuous positions, Initially he served as the president of the Awami League, later as the president of Bangladesh, and then as the prime minister of Bangladesh until his assassination in August 1975. His nationalist ideology, socio-political theories, and political doctrines are collectively known as Mujibism.
The president of Bangladesh (POB), officially the president of the People's Republic of Bangladesh, is the head of state of Bangladesh and commander-in-chief of the Bangladesh Armed Forces.
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties. It is common in countries whose constitutions are based on the Westminster system.
Khondaker Mostaq Ahmad was a Bangladeshi politician. He was the Minister of Commerce in the third Mujib Rahman ministry under Sheikh Mujibur Rahman, and assumed the presidency of Bangladesh after the Assassination of Sheikh Mujibur Rahman on August 15, 1975. He praised the assassins as "sons of the sun" and put cabinet ministers loyal to Sheikh Mujibur Rahman in jail. He was himself deposed by another coup, less than three months later on November 3, 1975.
In legal terms, an Act of Indemnity is a statute passed to protect people who have committed some illegal act which would otherwise cause them to be subjected to legal penalties. International treaties may contain articles that bind states to abide by similar terms which may involve the parties to the treaty passing domestic legislation to implement the indemnity laid out in the treaty.
Sayed Farooq-ur-Rahman was the chief organizer involved in toppling the Sheikh Mujib regime in Bangladesh. He was convicted and hanged on 28 January 2010 along with co-conspirators Sultan Shahriar Rashid Khan, A.K.M. Mohiuddin Ahmed, Mohiuddin Ahmed, and Mohammad Bazlul Huda in Dhaka Central Jail, Old Dhaka, for the murder of Sheikh Mujibur Rahman, one of the founding leader and the first president of Bangladesh. Sayed Farooq-ur-Rahman and his close ally Khandaker Abdur Rashid were the chief organisers of the assassination of Sheikh Mujibur Rahman on 15 August 1975. He was 2IC of the 1st Bengal Lancers Regiment of the Bangladesh Army who led a group of junior army officers in order to overthrow the regime of Sheikh Mujib and install Khondaker Mushtaque Ahmed as president of Bangladesh.
Sheikh Mujibur Rahman, the first president of Bangladesh, was assassinated along with most of his family members during the early hours of 15 August 1975 by a group of Bangladesh Army personnel who invaded his residence as part of a coup d'état. The Minister of Commerce, Khondaker Mostaq Ahmad, immediately took control and proclaimed himself head of an interim government from 15 August to 6 November 1975; he was in turn succeeded by Chief Justice Abu Sayem. The assassination marked the first direct military intervention in Bangladesh's civilian administration. Lawrence Lifschultz characterized this incident as an outcome of the Cold War between the United States-influenced Pakistan and the Soviet Union-influenced India. 15 August was annually observed as National Mourning Day under Sheikh Hasina regime.
The Jatiya Rakkhi Bahini was a Bangladeshi para-military force formed in 1972 by the Sheikh Mujibur Rahman government. Initially formed to curb the insurgency and maintain law and order the force became involved in numerous charges of human rights abuse including political killings, shooting by death squads, and rape. It was seen as the armed wing of the ruling Awami League and it swore an oath of loyalty to Sheikh Mujibur Rahman.
The Special Security Force is a Bangladeshi law enforcement agency that provides protection to the President, Prime Minister and the Chief Adviser as well as any person designated as a VVIP as per state protocol, including visiting foreign dignitaries.
The Bangladesh Collaborators Order, 1972 is a law enacted in 1972 by the Government of Bangladesh to establish a tribunal to prosecute local collaborators who helped or supported the Pakistan Army during the Bangladesh War of Independence and the 1971 Bangladesh genocide. An estimated 11,000 collaborators were arrested. An estimated 2,884 cases were filed at the tribunal until October 1973. Of those accused, 752 received sentencing. Many detainees were released after the 15 August 1975 Bangladeshi coup d'état.
The Bangladesh Freedom Party, also known as Freedom Party is a political party founded by Sayed Farooq-ur-Rahman, Khandakar Abdur Rashid and Bazlul Huda who were the chief organisers of the assassination of Sheikh Mujibur Rahman on 15 August 1975.
Begum Sheikh Fazilatunnesa Mujib, commonly known as Begum Mujib or Bangamata and also known by her nickname Renu was the wife of Bangabandhu Sheikh Mujibur Rahman, the first President of Bangladesh. She is the mother of Sheikh Hasina, the leader of the Awami League and former Prime Minister from 2009-2024. She was killed along with her family.
Sheikh Rehana Siddiq is a Bangladesh Awami League politician. She is the younger sister of the former Prime Minister Sheikh Hasina and the daughter of the first President of Bangladesh Sheikh Mujibur Rahman. She is also the mother of Tulip Siddiq, a British Labour Party politician and former Economic Secretary to the Treasury.
Khandaker Abdur Rashid was a officer of the Bangladesh Army and a key organizer of the 15th August 1975 Coup d'état.
Mohammad Bazlul Huda was a Bangladeshi Army officer and freedom fighter who was convicted of the assassination of Sheikh Mujibur Rahman, founding president of Bangladesh. On 28 January 2010, Bazlul was executed along with Syed Faruque Rahman, Sultan Shahriar Rashid Khan, Mohiuddin Ahmed, and A.K.M. Mohiuddin Ahmed in Old Dhaka Central Jail.
The military coup in Bangladesh on August 15 of 1975 was launched by mid-ranking army officers in order to assassinate founding president Sheikh Mujibur Rahman, whose administration post-independence grew corrupt and reportedly authoritarian until he established a one-party state-based government led by the socialist party Bangladesh Krishak Sramik Awami League. Mujib, along with his resident family members, were killed during the coup but was survived by his two then-expat daughters, one of them being future prime minister Sheikh Hasina. The officers were led by Capt. Abdul Majed, Major Sayed Farooq-ur-Rahman, Major Khandaker Abdur Rashidand Major Shariful Haque Dalim.
The 3 November coup d'état was organised by Brig. Khaled Mosharraf against President Khondaker Mostaq Ahmad to remove him from the presidency and the assassins of Sheikh Mujibur Rahman from power: Capt. Abdul Majed, Maj. Syed Faruque Rahman, Maj. Khandaker Abdur Rashid and Maj. Shariful Haque Dalim. The coup resulted a return of Mujibist forces in Bangladeshi politics for a short time.
The premiership of Sheikh Mujibur Rahman began on January 12 of 1972 when he was sworn in as the Prime minister after briefly serving as the President after returning from Pakistan's jail on January 10, 1972. He served as the Prime Minister of Bangladesh until January 25, 1975, for three years, and later led the parliament to adopt an amendment of the constitution that made him the President of Bangladesh, effectively for life.
The Sayem ministry led what eventually became the first interim government in independent Bangladesh and an unofficial model for future interim regimes. It was formed on 8 November 1975, following the assassination of Brig. Gen. Khaled Mosharraf on 7 November amid a nationwide soldier and public uprising against his 3 November coup d'état. After a three-day coup with support of some high-ranking officers and his Dhaka Brigade, Mosharraf had forced Khondaker Mostaq Ahmad, who, following the 15 August coup that assassinated the founding president Sheikh Mujibur Rahman, replaced him as President of Bangladesh with support of the mid-ranking assassin officers, to resign. Chief Justice Sayem, with the constitutional requirement for the direct election of the president and role of the vice-president as acting president suspended by Mostaq under a martial law proclamation, had been installed in his place. With Mosharraf's death, the responsibility of CMLA fell on Sayem.