আদালত অবমাননাঃ মাহমুদুর রহমান ও আমার দেশ প্রসঙ্গে

>> Monday, July 19, 2010

ফরহাদ মজহার
source: http://sonarbangladesh.com/article.php?ID=3177

আমরা আদালত অবমাননা নিয়ে লিখবো। নানান সময়ে নানান ব্যক্তি আদালত অবমাননার দায়ে অভিযুক্ত হয়েছেন। আদালত, সংবিধান, আইন ও ইনসাফ যে দিক থেকেই দেখি না কেন, আদালত অবমাননা সংক্রান্ত প্রশ্নটির মীমাংসা সহজ কর্ম নয়। কেন নয় তার প্রধান কারণ আদালত অবমাননার প্রশ্নটি চিন্তা ও বিবেকের স্বাধীনতাসহ বাক ও ব্যক্তির স্বাধীনতার প্রশ্নের সাথে সরাসরি জড়িত। গণতান্ত্রিক সংবিধান এক দিকে চিন্তা ও বিবেকের স্বাধীনতাকে নিশ্চিত করে এবং বাক ও ব্যক্তির স্বাধীনতার পক্ষে দাঁড়ায়; নাগরিকদের এই অধিকারগুলো রক্ষার দায়ও আদালত স্বীকার করেন। অথচ অন্য দিকে আদালতকে সতর্ক থাকতে হয় যেন নাগরিক ও মৌলিক মানবাধিকার এমন কোন সীমা লঙ্ঘন না করে, যাতে আদালতের বিচারপ্রক্রিয়া বাধাগ্রস্ত হয়। শ্যামও রাখা চাই, কুলও ঠিক রাখতে হবে। এ টানাপোড়নের মধ্যেই আদালত অবমাননা সংক্রান্ত তর্কটি আদালত, রাষ্ট্রবিজ্ঞান ও বিচারশাস্ত্রে আজ অবধি চলে আসছে। এর কোন পরিচ্ছন্ন মীমাংসা নাই। এক ধরনের জোড়াতালি দিয়ে এই ভাবে মীমাংসা করা হয় যে, যদি সংবিধানে দেওয়া অধিকার চিন্তা ও বিবেকের স্বাধীনতা রাষ্ট্র বিশেষ ভাবে আদালতকে নিশ্চিত করতে হয় তাহলে আদালতের যে কোন কর্মকাণ্ড, রায়, সিদ্ধান্ত, সমালোচনা ও পর্যালোচনা করবার অধিকার নাগরিকদের আছে, তা স্বীকার করে নিতে হবে। তবে কোন বক্তব্য বা লেখালেখি আদৌ আদালতের অবমাননা হচ্ছে কি না, সেটা বিচারকরাই ঠিক করবেন। এই অস্বস্তিকর মীমাংসার মধ্য দিয়ে এটাই স্বীকার করে নেওয়া হয় যে, আদালত পারতপক্ষে কোন নাগরিকের বিরুদ্ধে ‘আদালত অবমাননার’ অভিযোগ আনবে না। যদি কোন বিচারক মনে করেন কোন চলমান বিচার প্রক্রিয়া বাধাগ্রস্ত হচ্ছে, তবে বাধ্য হলে তিনি ‘আদালত অবমাননার’র অভিযোগ আনবার ক্ষমতা প্রয়োগ করতে পারবেন। সেই এখতিয়ার তাঁর থাকবে। এর মধ্য দিয়ে তথাকথিত আধুনিক বুর্জোয়া গণতান্ত্রিক রাষ্ট্রের কাঠামোগত সঙ্কটটাই স্পষ্ট হয়ে ওঠে। এক দিকে চিন্তা ও বিবেকের স্বাধীনতা আবার অন্য দিকে আদালতের সার্বভৌম এখতিয়ার ও ক্ষমতা অক্ষুণ্ন রাখা এই স্ববিরোধিতার মধ্যে আধুনিক রাষ্ট্র ক্রমাগত খাবি খায়।

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Bangladesh: Re-open Shuttered Newspaper; Free Editor

>> Wednesday, July 7, 2010

Source: http://www.hrw.org/en/news/2010/07/07/bangladesh-re-open-shuttered-newspaper-free-editor

(New York) - The Bangladesh authorities' forced closing of a daily newspaper linked to the political opposition and the detention of its editor appear to have violated both freedom of expression and due process, Human Rights Watch said today. The government should immediately ensure that an impartial investigation is conducted into allegations by the editor, Mahmudur Rahman, that he was beaten and abused in custody, Human Rights Watch said.

Human Rights Watch called on the government to reinstate the printing license of the newspaper, Amar Desh, and to allow it to re-open immediately and operate without hindrance. The government also should ensure that Rahman is either immediately released or immediately given a free and fair trial in accordance with international standards. Rahman told the magistrate that he was severely beaten in police custody and that the Rapid Action Battalion, the anti-crime and anti-terrorism elite force of the Bangladesh police, later blindfolded him and handcuffed him to the window bars in a cell, forcing him to stand there for a long period of time without food or water.

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Arrest and Mistreatment of Publisher in Bangladesh

>> Monday, June 28, 2010

Source: http://www.scoop.co.nz/stories/WO1006/S00557.htm

Press Release: International Federation of Journalists
IFJ Worried Over Arrest and Mistreatment of Publisher in Bangladesh

The International Federation of Journalists (IFJ) is deeply concerned over the arrest, mistreatment and possible torture of Mahmudur Rahman publisher and editor of the daily Amar Desh by authorities in Bangladesh.

On June 1, the Bangladesh Government cancelled registration of Amar Desh, saying it was in breach of the law as it had no authorised or identifiable publisher. Rahman was arrested the same day despite protests by the staff of his newspaper.

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Bangladesh: A New Dark Area for Press Freedom?

>> Sunday, June 20, 2010

Vincent Brossel

The recent developments in Bangladesh are like an old nightmare that is beginning again: arbitrary arrests, closure of news media, attacks on journalists by ruling party supporters, torture of detainees and intimidation. We thought Bangladesh had rid itself of the old demons of intolerance and violence against the media. But certain government and Awami League officials have again chosen the road of repression, dashing our hopes of a real commitment to media freedom in the space of just weeks.

If prime minister Sheikh Hasina does not take decisive steps, Bangladesh is likely to relapse into a period of brutality and intolerance similar to what it underwent at the start of the last decade, when the journalist Tipu Sultan had his hands broken by the supporters of an Awami League parliamentarian in Feni. Those Awami supporters, especially members of its youth movement, used steel bars and beatings to scare the press.

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Mahmudur Rahman Awarded the title "Banglar Singhamanob" by Canadian Human Rights Group

>> Friday, June 18, 2010

Abid Bahar, Canada
source: http://bangladesh-web.com/view.php?hidRecord=322972

The Save BD International, an international human rights organigation based in Canada in its yearly meeting reviewed the contemporary political events in Bangladesh and in particular the recent arrest of Mahmudur Rahman who is the editor of the popular daily Amerdesh. Rahman is widely known as an independent-minded Bangladeshi Bengali leader. His struggle has been against Indian hegemony and Indian imperialist ambitions against the Bengali people of the region. For his bold stand and struggle against the puppet regime in Dhaka led to his arrest. The Save BD International for Rahman's show of courage awarded him with the title, "Banglar Singhamanob."

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Thoughts on BAKSAL, Mahmudur Rahman and the media

Source: http://www.untoldfacts.com/bangladesh/thoughts-on-baksal-mahmudur-rahman-and-the-media/

The first Awami regime after the birth of Bangladesh introduced a one-party political system in the country by banning all other political groups and shutting down all opposition news outlets. This is a fact and not a fiction. That regime committed a criminal act and waged a war against democracy, for which Awami League has never apologized. People of the country including those belonging to Awami League know this very well.

The political strategy the current Awami regime is following gives us a clear signal that Sheikh Hasina’s government wants to remain in power for a very long time by re-establishing the one-party political system in Bangladesh; and that is why she is stifling political dissents and disallowing opposition rallies, which she may dare to believe will lead to the perpetual rule of her party.

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Mahmudur Remanded in Sedition Case

>> Thursday, June 17, 2010

Court Correspondent

source: http://www.thedailystar.net/newDesign/news-details.php?nid=143059

A Dhaka court yesterday directed Detective Branch (DB) of police to take Mahmudur Rahman on a four-day remand, subject to his recovery from illness, in connection with a sedition case.

Mahmudur, acting editor of recently closed daily Amar Desh, was remanded earlier for a total of seven days in three other cases.

Metropolitan Magistrate Ismail Hossain directed the jail authorities to take necessary steps for his treatment following a petition submitted by his lawyers, and passed the remand order.

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Arbitrary detention of Mr. Mahmudur Rahman and acts of harassment against Amar Desh members - BGD 001 / 0610 / OBS 075 - FIDH - Human Rights for All

>> Tuesday, June 15, 2010

Source: http://www.fidh.org/Arbitrary-detention-of-Mr-Mahmudur-Rahman-and

The Observatory has been informed by Odhikar about the closure of Amar Desh, an opposition Bangladeshi daily newspaper which regularly reports on corruption cases and about the acts of harassment and ill-treatment against several member of its staff, including Mr. Mahmudur Rahman, Amar Desh’s Editor, presently arbitrarily detained. This harassment intervenes after the publication of reports on cases of corruption of top Government officials as well as of sensitive and undisclosed sections of a Government-appointed investigation committee report on a Bangladesh Rifles[1] massacre.
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Bangladesh.

According to the information received, on June 1, 2010, the Tejgaon Thana Officer-in-Charge raided the press office of Amar Desh with armed forces, and declared its closure. On June 2, 2010 at approximately 4 am, agents of the Tejgaon police station entered the Amar Desh offices, arrested Mr. Mahmudur Rahman, who was remaining on the spot, and took him to the Dhaka Cantonment Police Station (CPS) for interrogation. The police forces also resorted to excessive use of force against the protesting journalists who attended the scene, beating them with sticks.

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BANGLADESH - Torture on Mahmudur Rahman, acting editor of an opposition daily

Source: http://www.forum-asia.org/index.php?option=com_content&task=view&id=2582&Itemid=130

After forcing to close the Bengali daily Amar Desh on 1 June 2010, the government of Bangladesh arrested its editor. Below is the report by FORUM-ASIA member Odhikar.

On 12 June 2010, after being in remand for three days, Mr. Mahmudur Rahman, acting Editor of the Daily Amar Desh, was brought before the court of Magistrate Kamrunnahar Rumi. He was taken into remand for further questioning in relation to case 2 (6) 2010, lodged at the Tejgaon Police Station. At the Magistrates Court, Mr. Mahmudur Rahman was able to speak about the inhuman and degrading treatment he had been subject to.

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Mahmudur sued for not submitting wealth report

>> Monday, June 14, 2010

Staff Correspondent, The Daily Star

The Anti-Corruption Commission yesterday filed a case against detained former chairman of Board of Investment Mahmudur Rahman for not submitting his wealth statement to the commission.

The accused has committed punishable offence under the ACC act, as he did not submit wealth statement within the stipulated time after receiving a notice from the anti-graft body, said the first information report (FIR) of the case.

ACC Deputy Director Nur Ahamad filed the case with Gulshan Police Station last night.

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Mahmudur brutally tortured: Khaleda

Staff Correspondent, The Daily Star

BNP Chairperson Khaleda Zia last night alleged that the daily Amar Desh Acting Editor Mahmudur Rahman was brutally tortured by some "unidentified persons" in an undisclosed location in the name of police remand.

The incident proved that the incumbent government is determined to "eradicate him from the world", she added.

"Unidentified persons undressed Mahmudur Rahman, and beat him indiscriminately in custody," she said at a media briefing in her Gulshan office in the capital.

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Mr. Mahmudur Rahman was tortured in police custody

>> Sunday, June 13, 2010

Nasir Uddin Ahmed and Associates

Former Energy Adviser to Bangladesh Govt. and the acting Editor of ‘The Daily Amar Desh’, Mr. Mahmudur Rahman was tortured in police custody at Cantonment Police Station on 09.06.2010 although, was not supposed to be there since, he was under control of Investigation Officer Mr. Rezaul Karim of Tejgaon Police Station. Mr. Rahman made this statement before the learned Metropolitan Magistrate Ms Shamima Pervin after being produced upon 3 days expiry of remand in connection with Tejgaon PS Case No. 2(6)10.

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Mahmudur remanded in Hizbut case

Staff Correspondent, The Daily Star

Detective Branch of police yesterday took Mahmudur Rahman on a four-day remand for his alleged involvement with leaders of banned Hizb ut-Tahrir.

On June 8, Mahmudur, the acting editor of recently closed daily Amar Desh, was shown arrested, and the Chief Metropolitan Magistrate's Court granted the remand in a case filed against several members of the outfit on charges of carrying out militant activities across the country.

The case was filed on April 16 with Uttara Police Station. Hizb-ut Tahrir chief Mohiuddin Ahmed and a few others were also shown arrested in the case, and they were placed on remand several times.

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Bangladesh: Fear of torture for detained human rights journalist Mr Mahmudur Rahman

>> Thursday, June 10, 2010

Source: http://www.frontlinedefenders.org/node/2561


Human rights defender and Acting Editor of the recently closed Amar Desh newspaper, Mr Mahmudur Rahman, has been placed on 12-day remand on charges of terrorism and sedition, after his arrest on 2 June 2010.

Further Information

Amar Desh is a major daily newspaper in Bangladesh which has been critical of the government, regularly reported on repression of the media, torture and extra-judicial killings, and last year published an article accusing the son of Prime Minister Sheikh Hasina of financial irregularities. Front Line fears for the physical integrity of Mahmudur Rahman while in detention.
On 2 June 2010, at approximately 04:00, Mahmudur Rahman was arrested at the offices of Amar Desh, hours after the authorities cancelled the newspaper's publication rights. The closure of the newspaper resulted from an issue concerning the resignation of the publisher. Article 5 of the Press and Publication Act, 1973, states that any newspaper must have a publisher. However, on 10 June 2010, the High Court granted a stay of three months on the Government's order that had stopped publication of the newspaper.
On 6 June 2010 Case No.5 (6) 2010 was filed against Mahmudur Rahman at the Kotwali Police Station for allegedly obstructing government officials in their function whilst he was already in custody.
On 7 June 2010, Mahmudur Rahman was placed on remand for four days by two Metropolitan Magistrates in two separate cases: 3-day remand in the Tejgaon Police Station Case No. 2(6)2010 dated 02.06.2010 under sections 143, 342, 332, 353, 186, 506, 114 of the Penal Code, 1-day remand in Kotwali Police Station Case No. 5(6)2010 dated 02.06.2010.
On 8 June 2010 Mahmudur Rahman was placed on remand for another four days by the Metropolitan Magistrate Ismail Hossain relating to an anti-terrorism case that had been filed at Uttara Model Police Station (Case No. 43 dated 19.04.2010 under section 6(1) of the Anti-Terrorism Act 2009). He was placed on a further four-day remand in a sedition case that had been lodged at the Airport Police Station (Case No. 21(6)2010 dated 07.06.2010 under sections 121A, 124A and 114 of the Bangladesh Penal Code).
Front Line believes that the arrest and detention of Mahmudur Rahman are directly related to his work with Amar Desh and his reports on human rights violations. Front Line is gravely concerned for the physical and psychological integrity of the aforementioned human rights defender. Given the fact that Bangladesh continues to record many cases of alleged torture and ill-treatment of prisoners Front Line calls for immediate access to be granted to Mahmudur Rahman's independent attorney.

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War on Amar Desh and Mahmudur Rahman: Suppressing media freedom

Dr. K.M.A. Malik

When the current Awami League (AL)-led government came to power in January 2009, they promised to allow freedom of expression, not to control media and not to interfere with the judicial process, and so on. But their policies and performance during the last one and a half years in office suggest that there is a wide gap between their public utterances and their actions.

The latest example of the government's dealing with the prestigious daily newspaper Amar Desh and its acting editor Mahmudur Rahman exposes the hypocrisy of the ruling group towards ‘embarrassing media’ in general and an extreme form of vengeance towards an ‘uncompromising editor’ in particular. This sort of actions against a national daily and its editor is totally unjustifiable and unacceptable.

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