The High Court has issued a rule asking why the provision of appointing the Minister of Liberation War Affairs and secretary of the ministry as Jatiya Muktijoddha Council (Jamuka)’s chairman and member respectively should not be revoked.
The HC bench of Justice KM Kamrul Kader and Justice Mohammad Showkat Ali Chowdhury issued the rule on Tuesday (May 23) after hearing a writ petition.
The court also ordered the suspension of the notification regarding the cancellation of the freedom fighter gazette of writ petitioner Nawab Ali Mandal. It ordered the authorities concerned to continue Nawab Ali Mandal’s allowance.
Barrister Taufiq Inam, a lawyer of the Supreme Court, stood for the writ petitioner Nawab Ali Mandal, while Assistant Attorney General Mohammad Selim Azad represented the state.
Barrister Taufiq Inam confirmed the matter to the media. He said that the law secretary, liberation war affairs secretary and some others were made respondents to the rule.
Nawab Ali Mandal, a freedom fighter from Gabtoli upazila in Bogura, joined the then Pakistan Police in 1967.
Later, during the Bangladesh War of Liberation in 1971, he looted weapons and took part in the Liberation War which was also included in the book published by Bangladesh Police as the glorious story of the police force in the war.
In recognition of his bravery, the government awarded him a freedom fighter certificate in 2005 and his name was included in the gazette notification in the same year.
He was also receiving regular honorariums for freedom fighters. But at the 81st meeting of Jamuka on October 18 in 2022, it was recommended to the Liberation War Affairs Ministry to cancel his gazette.
According to the recommendation, the ministry issued a notification canceling his gazette on February 22 this year.
Nawab Ali Mandal filed a writ petition challenging the validity of the provisions of the appointment of minister and secretary as chairman and member of Jamuka, regarding the cancellation of his gazette and suspension of allowances.
The Jatiya Muktijoddha Council (Jamuka) is a statutory body as per the ‘Jatiya Muktijoddha Council Act, 2022’.
According to Section 5(1)(a) and 5(1)(b) of the law, the minister and secretary in charge of the Ministry of Liberation War Affairs act as chairman and member of the Jamuka respectively and if the state minister and deputy minister are in the ministry, in that case, they will serve as vice-chairmen.
Barrister Taufiq Inam said that according to Section 6 of the Jatiya Muktijoddha Council Act, one of the main functions of Jamuka is to ‘recommend’ to the ministry for cancellation of the gazetted freedom fighter if there is an investigation that a gazetted freedom fighter is not a true freedom fighter and to recommend the inclusion of new freedom fighters in the gazette. Since the Liberation War Affairs Minister and secretary of the ministry hold the highest office of Jamuka at the same time, the recommendations given by them as the executive head of Jamuka as the minister and secretary of the ministry are published as ‘decisions taken by the ministry’.
Moreover, when Jamuka recommends to the ministry to cancel the gazette of a freedom fighter, the ministry does not give him the opportunity to refute or hear any kind of complaint before canceling the gazette. Only as per Jamuka's recommendation, the gazette is cancelled and a notification issued.
According to Section 8 of the law, the Chairman of Jamuka as well as the Minister of Liberation War Affairs is entitled to all the executive powers of Jamuka. On the other hand, he is also the head of the ministry. For this reason, the Jatiya Muktijoddha Council (Jamuka) and the Ministry of Liberation War Affairs have become the same institution in the true sense. In this case, the investigator and the judge are the same person. As a result, the recognition, dignity and honour of the brave freedom fighters have become dependent on the minister’s sole will and unwillingness which is unacceptable in any way. It is important to have a provision to appoint chairman and vice-chairman from the remaining members of Jamuka, excluding the minister and secretary, said Barrister Taufiq Inam.