The High Court on Sunday acknowledged Bangabandhu Sheikh Mujibur Rahman as the proclaimer of 1971 Independence, declaring illegal the state-published documents naming Ziaur Rahman as its proclaimer.
In a landmark judgment, a High Court bench comprising Justice ABM Khairul Haque and Justice Momtazuddin Ahmed ruled that Bangabandhu proclaimed the Independence of Bangladesh immediately before his arrest by the Pakistani troops as the court reviewed the events leading to the War of Liberation and the pre-and post war incidents.
The court also declared “illegal, void and unconstitutional” the publications of the books titled “Documents on the War of Independence” declaring Ziaur Rahman as the proclaimer of the Independence and ordered confiscation of the books stopping its selling, distribution and reprinting.
The court also directed the government to take steps to include the real history about the Independence in the textbooks at all levels in the county.
The HC bench also opined that the government might take initiative for legal action against the people who are liable for distortion of the history about the War of Liberation. The court also observed that the people who are accountable for this act have committed an offence against the nation and the Constitution.
The judgment came as 1971 War of Liberation veteran Dr MA Salam filed a writ on April 19 this year seeking the court order for confiscation of the 2004 edition of the “Documents on the War of Independence” for distorting the history.
Belal Mohammad of Swadhin Bangla Betar Kendro, Sector Commanders Forum and BNP leader Wing Commander (retd) Hamidullah Khan became party to the case after the court had issued the rule.
During the hearing, the court also appointed Barrister Amirul Islam and several other senior lawyers as amicus curee.
The past BNP-led four party government on approval of the then Prime Minister Begum Khaleda Zia formed a committee with Ex- State Minister for Liberation War Affairs Rezaul Karim as its chairman and former DU Vice-chancellors Professor Moniruzzaman Mia, Professor Emajuddin Ahmed, Barrister Moinul Hosein and several others as its members.
This committee led the publication of the 2004 edition of the document and the third volume of the document stated that Ziaur Rahman was the proclaimer of Independence.