PRESIDENT'S ASSUMPTION AS CHIEF ADVISER WAS FULLY CONSTITUTIONAL
Barrister Abdur Razzaq

(Barrister Abdur Razzaq is an eminent lawyer of the Supreme Court of Bangladesh. He is the General Secretary of Islamic Lawyers Council of Bangladesh. When a section of lawyers belonging to Awami League are raising unnecessary questions on President's assumption as Chief Adviser of the Caretaker Governmnent, Barrister Abdur Razzaq on behalf of Islamic Lawyers Council addressed a press conference on the issue.)

Assalamu Alaikum Wa Rahmatullah.
We welcome you from the core of our heart. Despite your tight schedule you have taken the trouble of attending the press conference for which we thank you.

1. Although the caretaker government has been sworn in, a lot of confusion has been created regarding the legality and constitutionality of the President’s assuming the functions of the Chief Adviser. At this critical time of our history, we feel it our duty to make certain points clear before the nation.

2. Once Mr. Justice KM Hasan was forced to decline to accept the post of Chief Adviser, it became necessary to appoint the person who retired immediately before him as the Chief Justice under the proviso to Article 58(c)(3) of the Constitution. And it was Mr. Justice Mainur Reza Chowdhury who is now dead. Since Justice Mainur Reza Chowdhury is not available then Article 58(c)(4) provides that the last retired Judge of the Appellate Division is to be appointed as Chief Adviser. And it is Mr. Justice M A Aziz who is now holding another constitutional post, namely the Chief Election Commissioner and therefore not qualified to be appointed as the Chief Adviser by virtue of Article 118(4) of the Constitution.

3. Therefore under no circumstances, can the former Chief Justice Mr. Justice Mahmudul Amin Chowdhury be appointed as the Chief Adviser. 4. Since Mr. Justice MA Aziz is not available, pursuant to the proviso to Article 58(C)(4), it fell upon Mr. Justice Hamidul Huq who retired immediately before Mr. Justice M A Aziz to be appointed as Chief Adviser. However Mr. Justice Hamidul Huq had made it clear that in the absence of a consensus between the major political parties, he would not accept the post of Chief Adviser. It is a well known fact that the BNP has expressed objections to the appointment of Mr. Justice Hamidul Huq as Chief Adviser – such an objection is, from a constitutional perspective, completely irrelevant and does not in any way bar Mr. Justice Huq from being appointed as Chief Adviser. Be that as it may, Mr. Justice Hamidul Huq had decided to base his decision for accepting/refusing the post of Chief Adviser on this constitutionally irrelevant fact, thus making himself unavailable for the post of Chief Adviser.

5. There being no retired Judge of the Appellate Division available for appointment as Chief Adviser under Article 58(C)(4), the next course of action was for the President to consult all major political parties under Article 58(C)(5) for the purposes of appointing Chief Adviser from among the citizens of Bangladesh. This the President did on the 29th of October. The President consulted the 4 major political parties and being unable to find an appropriate person, the President assumed the functions of Chief Adviser in addition to his own functions under the Constitution pursuant to Article 58(C)(6) of the Constitution. 6. It has been argued by some that the President is disqualified under Article 58(C)(7) of the Constitution from acting as Chief Adviser since he is over 72 years of age. This is an incorrect interpretation of the Constitution. It is important to note that the President has not appointed himself as Adviser, rather he has merely assumed the functions of the Chief Adviser under Article 58(C)(6) of the Constitution. The disqualifying provision in Article 58(C)(7) applies only in the case of appointments of Advisers and as such has no application where the President merely assumes the functions of Chief Adviser. Furthermore, the provision of Article 58(C)(6) whereby the President has assumed the functions of Chief Adviser applies ‘notwithstanding anything contained in (that particular) Chapter (of the Constitution).’ As such, the provisions of Article 58(C)(7) have no application whatsoever when the President acts as Chief Adviser pursuant to Article 58(C)(6) of the Constitution.

7. There have been calls in the recent past for the President to resign from his post as Chief Adviser and to appoint a certain retired Chief Justice as Chief Adviser. The purpose behind such calls is to plunge the country into a constitutional crisis. The Constitution does not provide us with a road map in the event of the President refusing to continue exercising his functions under Article 58(C)(6) of the Constitution.

8. In any case in the event of such refusal, there is no scope for appointing a retired Chief Justice as Chief Adviser. Having exhausted all the provisions in 58(C) and having assumed the functions of Chief Adviser under Article 58(C)(6), there is no scope for the President to go back to Article 58(C)(3). As far as appointment of Chief Adviser under Article 58(C) is concerned, the President has come to the end of the road. He cannot now shy away from his responsibilities under Article 58(c)(6) and appoint a retired Chief Justice to act as Chief Adviser. To do so would be in blatant violation of the Constitution.

9. The whole process whereby the President assumed the functions of Chief Adviser was thus completely in accordance with Article 58(C) of the Constitution. The President has acted perfectly constitutionally. He has not violated any provision of the Constitution whatsoever.

AMEER-E-JAMAAT BRIEFS THE DIPLOMATS
ON 28 OCT. ATROCITY

Maulana Motiur Rahman Nizami, Ameer, Bangladesh Jamaat-e-Islami and formerly the Minister of Industries said, the unprecedented political violence that engulfed Bangladesh on 27th and 28th October 2006 has shocked the peace loving people across the world. The outgoing UN Secretary General Kofi Annan has expressed his concern. The international community is eager to see that democracy flourishes in Bangladesh. In this background, we decided to trouble you by inviting you to this meeting. He was addressing a luncheon meeting arranged in honour of foreign diplomats at hotel Sonargaon today at 12.00 noon. Ambassadors and High Commissioners of USA, Britain, Canada, Switzerland, Sweden, Denmark, Russian Federation, Netherlands, Germany, Turkey, Pakistan, Indonesia, South Korea, North Korea, Afghanistan, Myanmar, Singapore, UAE, Morocco, Libya, Palestine, The Philippines and ADB Country Director, representatives of UNDP and NDI were present in the luncheon.

Among Jamaat leaders Ali Ahsan Mohammad Mojaheed, Secretary General of Bangladesh Jamaat-e-Islami and formerly the Social Welfare Minister, Maulana Delwar Hossain Saydee, former Deputy Leader of Jamaat Parliamentary party, Mohammad Kamaruzzaman, Abdul Quader Molla and Barrister Abdur Razzaq Assistant Secretaries General of Jamaat-e-Islami were present.

A video on 28 October horror was also projected to the diplomats before Maulana Nizami's address.

Excellencies, Ladies and Gentlemen,
Assalamu Alaikum and Good Afternoon

We welcome you from the core of our heart. Despite your tight schedule, you have taken the trouble of attending this program for which we are indeed grateful to you.

1. The unprecedented political violence that engulfed Bangladesh on 27th and 28th October 2006 has shocked the peace loving people across the world. The outgoing UN Secretary General Kofi Annan has expressed his concern. The international community is eager to see that democracy flourishes in Bangladesh. In this background, we decided to trouble you by inviting you to this meeting.

Excellencies
2. Bangladesh started its journey with a Westminster type democracy under a written Constitution. The democratic process was however disrupted and the country had to undergo a long struggle to restore democracy. Jamaat took part in all democratic movements of the country since the days of General Ayub Khan. Way back in 1984, Jamaat-e-Islami proposed to hold elections under a neutral caretaker government.

3. Perhaps there is no denying the fact that without the system of caretaker government, democracy could not have survived in Bangladesh. This is primarily because party governments have failed to hold free and fair elections. In the past three consecutive terms, the caretaker government has functioned well. It has earned the confidence of the people. But by questioning the neutrality of a former Chief Justice because of his alleged involvement in politics while he was a practising lawyer about a quarter of a century ago, a major political party has disrupted the peaceful process of transfer of power from the party government to the caretaker government. This is unfortunate and unprecedented and may have a disastrous effect in our constitutional history. However since a caretaker government has been sworn in, it should be allowed to function to discharge its constitutional duties.

Excellencies
4. Four days at the end of October, Bangladesh witnessed an orgy of unprecedented political violence. The extent of damage, loss of life and property by organised gangs of armed activists, supposedly only with poles and oars as symbols of a political party badge (the boat), exceeded all previous records for a single day on 28th October. On that day, as was previously planned, the activists of the Awami League and the 14 party alliance gathered at down town Dhaka armed with Lathi, oars and sticks and firearms as well. They had a two fold target: one, to create a reign of terror and the other (perhaps the major one) was to disrupt the peaceful rally of Jamaat-e-Islami and maim and kill its leaders, supporters and activists. In fact the entire leadership of Jamaat was their target.
5. From 11 o'clock in the morning the hired goons of the Awami League started attacking the peaceful processions of Jamaat-e-Islami with bricks, missiles, sticks and firearms. The Jamaat-e-Islami activists were unarmed. The result was obvious. In the continuous 8 hour attack, five supporters and activists of the Jamaat were mercilessly killed on the spot and over 600 were injured.
Excellencies, 6. One incident was quite shocking and extremely disturbing. I can only quote the graphic account of a news commentator: “It was a painfully sharp demonstration for many who had never seen a person beaten to death. The young man lasted a couple of minutes, after his rivals swooped on him with sticks and bamboo poles. He was down and out within the first 30 seconds, but the beating continued. He regained consciousness, stood up and wobbled in a vain effort to walk away. He could make a few paces through the flurry of strikes from all directions. Then he fell down and moved no more. He was dead but that was no excuse for the assailants to step back. Their murderous hatred would not be satiated until the lifeless body was torn into pieces. A few of their overzealous comrades leapt and landed on the dead body to dance, and this show of savagery was played and replayed on TV channels.’

7. Even then, in my address to the rally on 28th October, I appealed for restraint and calm which I will continue to do. In the face of extreme provocation of the Awami League and its allies, Jamaat showed utmost patience.

8. Jamaat believes in democracy. It believes in the principle of Rule of law, constitutionalism and fundamental human rights. Not only does the Jamaat believe in democracy, it also practises democracy within the party and has engaged in democracy in the country. In the history of Jamaat not a single incident can be cited in which Jamaat has resorted to violence and attacked any political rally of any political party. On the other hand, Jamaat has become the victim of attack on innumerable occasions.

9. Attempts have been made to bracket Jamaat with terrorism. This is downright falsehood. Jamaat’s ideology is Islam. Islam has nothing to do with terrorism. It is a way of life. It is a religion of peace. In Bangladesh in the recent past, a few people attempted to use Islam to further their terrorist activities. In one voice, they have been condemned by the religious leaders across the board. The result: the past government had a resounding victory in combating terrorism. And this became possible with the active support of Jamaat, a partner in the coalition government. This proved conclusively that Jamaat has no relationship whatsoever with terrorism or violence.

Excellencies
10. Jamaat believes in peace. It will continue to shun the path of violence and will continue to follow the path of peace at all cost and for all time to come.

Jamaat’s unarmed resistance to political violence and Hooliganism in the name of democratic expression

Four days at the end of October Bangladesh witnessed a wave of unprecedented political violence on October 28. The extent of damage, loss of life and property by organised gangs of Awami League armed activists, exceeded all previous records for a single day on October 28. Even the terror of simultaneous detonation of bombs in and around all but one district headquarters of Bangladesh on August 17 last year, planted by a clandestine group of religio-political extremists who have since been brought to book, was a feeble affair compared to what happened on October 28.

Genesis of disorder
The Awami League leader, Sheikh Hasina had given a call to her party activists as well as her camp followers comprising of 13 small leftwing political parties to come out with “oars, poles and sticks” in their hands to demonstrate their opposition to retired Chief Justice K. M. Hasan who was the constitutionally designated person to takeover as caretaker head of government from the outgoing Prime Minister after the end of the tenure of parliament pending general election for the next parliament. It was her partisan position that Justice Hasan was “not neutral” and as such “morally disqualified” to become caretaker head of government. The allegation was made on the ground that 15 years back, before becoming a judge of the Supreme Court, Justice Hasan nominally held an honorary office of her rival party, the BNP. That position was perceived to be a political stratagem designed to demonstrate to the electorate that her word and the collective will of her following was more potent than the letter of the Constitution of the Republic.
The tenure of parliament was due to expire at midnight on October 27, and the caretaker government was to be sworn in on either October 28 or 29. Sheikh Hasina the president of the Awami League had called for laying a “siege” of the capital, the port cities and district headquarters, meaning blockade of all traffic in and out of those places, immediately after the expected oath-taking of Justice Hasan as caretaker head of government. But clashes began in the process of “warming-up” actions by bands of Awami League activists and their camp-followers right from 26th of October. On the 27th night, immediately after the outgoing prime minister delivered her last official address to the nation on radio and television, surprise attacks began as if on a cue on individuals, homes and establishments of some members and associates of the parties leaving office. Bands of activists with not only oars and poles, but also cocktail bombs and firearms gathered at road junctions in the outskirts on the main routes of interdistrict communications, and in strategic positions inside the cities, district towns and upazilla headquarters. The showdown drew out rival response of street power as well as counter-attack by regrouped activists beaten by surprise attacks. By October 28, turf wars spread all over the country, the partymen of the outgoing cabinet awaiting transfer of power being mostly on the defensive. Uncontrollable passions of civil-warlike situation prevailed. Suffering public was certainly not ready to take sides. Horrific scenes of violent attacks by Awami activists on unarmed opponents began to take effect on the TV audience. Businesses and working people in cities, land and sea-ports, and market places were cursing the agitators and lamenting the arrest of economic activities and losses of productivity/perishable stocks/export orders. Some leaders of the 14-party alliance continued to insist that “people” were on their side, and in particular quoted foreign diplomats keen to promote “secular democracy” in Bangladesh to have said that there was no cause yet for proclamation of emergency to contain disorder in Bangladesh. But ordinary people thought otherwise.
Returnees from village homes to cities after the Eid vacation were all off-loaded by buses and boats away from the terminals in the outskirts and odd places. They had to walk their way to destinations with loads on their heads as no transport within their means was available. Supplies in trucks and cycle-vans could not reach urban markets. Prices of perishables, fish and meat sky-rocketed. Slum dwellers collected greens from ponds, canals and roadside bushes to boil with rice for family meals. Daily labourers and street vendors could not find work or earn their living.
The violence continued unabated up to 29th evening and poor people in cities-starved. Many sick and wounded were unattended. The agents of violence exhausted one another by the time President Dr. Iajuddin Ahmed was sworn in as caretaker head of government in addition to his duties as President, after exhausting other constitutional options. Tension subsided although the Awami League leaders and their leftwing partners did not call off their blockade of communications for another day.
Death tolls and destructions continued even as tensions subsided and skirnishes become few and far between until the Awami League leadership was persuaded by circumstances and under pressure of public opinion to “postpone” street actions, setting some partisan conditions for the caretaker government to fulfil. The Awami League leaders also nominated some persons they trust to be included in the caretaker government. But publicly, they refused to extend unreserved cooperation with the caretaker administration, cooking up some irrelevant legal wrangles over procedures and proprieties of President’s actions. A precarious peace is in place. In the four days of savagery on the streets and reprisal attacks, thirty people lost their lives, over one thousand were seriously injured, and loss of an estimated amount of one thousand five hundred crores of takas worth of property and production in the formal sector of the economy only.

Jamaat’s unarmed resistance
The Jamaat-e-Islami was made a particular target, more because of the moral impact of its workers, who set examples of self-less public welfare activities in various localities, An evil practice of extortion and rent-seeking by political activists, claiming protection money for homes and establishments and all contractual or marketing transactions in their respective areas of influence, had grown over the years. Jamaat workers not only refrained from any rent-seeking, but also protected businesses and residents in their own areas of influence by organising public resistance and vigilance against such practices.
The most vicious and murderous attack took place on the Jamaat rally on 28 October. The rally on the expiry of the eighth parliament and beginning of hustings was scheduled to be held with notice and necessary official permission obtained by Jamaat at the north gate of Baitul Mukarram.
At the approach of noontime, some Awami League processionists, who paraded in bands with oars and sticks from Bangabandhu Avenue through Paltan crossing to Bijoynagar, suddenly began chasing and shooting with firearms at Jamaat activists keeping vigil of their meeting site under preparation. The Jamaat activists backed off and then pushed forward again with reinforced numbers. The attacks with cocktail bombs and barehanded resistance thrusts took place for hours until a small contingent of police took position between the two sides. There was a short period of cessation of attacks, except for hit and run bids by some attackers from side lanes.
In such a skirmish, a Jamaat activists was kidnapped from the mouth of a side-lane, and taken to a spot to be beaten to death in a bloodsport held by Awami League activists in the open. The incident was filmed and telecast worldwide.

Another Shibir leader approaching to the venue of Jamaat-rally was caught unprepared and beaten to death in the same way war the venue of the first incident. This was also filmed and telecast worldwide.

After the short period of disengagement, some Awami League leaders in a rally at Muktangon declared that for total “victory” the Jamaat rally had to be broken up. They proceeded to attack again as the Jamaat leaders began addressing their rally. Jamaat activists put up a human shield arm-in-arm around the rally. As the first line of unarmed defenders fell under lethal attacks, the wounded were brought back and a new chain of defenders came forward to hold their ground. The small police contingent had in the mean time withdrawn under heavy brick-batting by the attackers, and huddled aside in a lane. Some reinforcements arrived after the clashes had gone on for seven hours. The police offered no protection to Jamaat leaders, who in the meantime had ended their meeting under the protection of their own supporters and activist and the audience gathered. The bulk of the policemen remained tied up in maintaining order at other trouble-spots in and around the city and in cordoning off an empty Paltan Maidan where meeting was banned on that day for fear of clashes, as Awami League had declared it would force its own rally to be held there pushing off the scheduled BNP rally at the same place on that date. The BNP had thereafter cancelled their programme, but the Awami League continued to attempt to “occupy” Paltan Maidan defying the ban.
On that day as was previously planned the activities of the Awami-led and the 14 party alliance gathered at Bangabandu Avenue Muktangon , Press Club, Zero point and other places of the down town Dhaka armed with Lathi, oars and sticks and firearms as well. They had a two-fold target: one to create a reign of terror and the other (perhaps the major one) was to disrupt the meeting of the Jammat-e-Islami and maim and kill its workers. In fact the entire leadership of Jamaat was their target.

From 11.00 in the morning the armed cadre and workers of the Awami-led 14 party alliance stared attacking the peaceful procession of Jamaat-e-Islami with bricks, missiles, sticks and firearms. The Jamaat-e-Islami activists were unarmed. They were unprepared. On the other hand it was a cool headed and calculated attack by the Awami goons and activists. They were throwing missile from roof tops. The result was obvious. In the continuous 8 hour attack from 11.00 in the morning to 7.00 clock in the evening five supporters and activist of the Jamaat were mercilessly killed on the spot and over 600 were injured, some of them quite seriously. This happened in broad daylight and in full view of many a television camera.
A graphic account of the bloodsport by Awami League activists in beating to death a “captured” Jamaat cadre was given by news-commentator Mir Ashfaquzzaman, which is quoted below:

“It was a poignant demonstration for many who had only heard of and read about but never seen a person beaten to death. The young man lasted a couple of minutes or so, after his rivals swooped on him with sticks and bamboo poles. He was down and out within the first 30 seconds, but the beating continued. He regained consciousness, stood up and wobbled in a vain effort to walk away. He could make a few paces through the flurry of strikes from all directions. Then he fell down and moved no more. He was dead but that was no excuse for the assailants to step back and let the dead body be. It seemed their murderous hatred would not be satiated until the lifeless body was torn into pieces. The sane few in the bloodthirsty mob tried to put an end to the savagery. They failed, as a few of their overzealous comrades leapt and landed on the dead body (to dance, and) the gruesome show of savagery was played and replayed on different private news channels.......The killings were to the (combatants) just figures, either too many or too few to suit the purpose of the camps they seemed loyal to. Neither their analyses and assessments of the political situation nor the words and actions of the camps they are loyal to have any link whatever to protection or promotion of democracy or democratic continuity; these have more to do with control or renewal of control over state power. The political process these days are about jostling for supremacy be it on the street, in the parliament or behind closed doors. Such assertions as popular movement for democracy, uprising against misrule, so on and so forth are part of a strategy of the political elite and their beneficiaries to hoodwink the people in general, some of whom actually believe in the political leadership and their crony intellectuals, and kill and get killed. The orgy of death and destruction enacted across the country over the past few days was just another episode of the scuffle for state power.”

Chronology of rampage
Four days of countrywide rampage in the name of “siege” programme and the resulting encounters were reported in newspaper summary reports as follows. Morning papers on October 28 after Eid holidays said: At least three, including a BNP leader and a Jamaat-e-Islami leader, were killed and more than 200 injured as violence flared up in the capital city and elsewhere.
A Public Works Department employee, Khode Newaz Chowdhury, died after being hit with a bullet at Khilgaon Friday night. The police claimed there was no procession where he sustained wounds.
The offices of the BNP and its front organisations, and the residences and business establishments of ministers and lawmakers were also attacked during violence that began after some BNP leaders had join reneged to the newly-formed Liberal Democratic Party on October 26.
The Brahmanbaria unit BNP vice-president, Sheikh Mohammad Habibullah, was killed in bomb attack on a procession at about 8:00pm Friday.
The district unit Juba Dal president, Emdadul Hassan, and student wing leader, Bidyut, were also injured.
A young man, Aslam, who sustained wounds during a clash at Dhamrai in Dhaka on Thursday after BNP lawmaker Ziaur Rahman had joined the new party, died in Dhaka Medical College Hospital Friday afternoon.
In Gazipur, a Jamaat-e-Islami leader, Ruhul Amin, died in an attack allegedly by the Awami League activists on the Jamaat office at Shibbari at about 8:15pm.
In Dhaka, the demonstrators vandalised BNP offices at Bangshal of Kotwali and Anandabazar of Shahbagh and set fire to the office of Ward 66 commissioner on Devidas Ghat Lane of Lalbagh.
The Awami League activists went on the rampage in other places, including Lalbagh, Kotwali and Sutrapur. The activists damaged shops and business establishments owned by BNP lawmaker Nasiruddin Ahmed Pintu Thursday night.
On October 27, Friday the supporters of the BNP and the Awami League began clashing at Imamganj of Lalbagh, in which 15 were injured. Raju and Emon, injured with bullet, were admitted to Mitford Hospital.
At Islambagh, the Awami League activists set fire to the office of Ward 65 commissioner, Shahdiul Islam, at about 5:15pm.
At Shanirakhra of Demra, the Awami League activists staged a sit-in demonstration suspending traffic from the south-east to the city.
Awami League activists vandalised several BNP offices at Lalbagh, Kotwali, Kamrangirchar, Motijheel and other areas, sources said.
In Gazipur, opposition activists brought out a procession with bamboo poles and oars and stopped traffic on the Dhaka–Mymensingh Highway at Joydevpur.
In Khulna, some young people vandalised the car of a physician and another vehicle of BNP lawmaker, Ali Asghar Lobby, at Mirzapur at about 5:00pm. More than 70 were injured in clashes between the Awami League and the BNP activists at Debidwar and Burichang in Comilla on Thursday and Friday.
In Shariatpur, at least 20 people were injured in a clash between the activists of the BNP and the Awami League at Domsar Bazar on Friday.
Minister without portfolio Altaf Hossain Chowdhury was attacked and he took refuge in local police station.
Barisal reports said the situation in the city was tense, but under control till late evening. Law enforcers intensified their vigilance.
In Rangpur, more than 50 were injured in clashes between the opposition combine led by the Awami League and the BNP when the BNP’s youth front leader, Kamal Hossain, was in a vehicle as the opposition procession marched past near the press club in the afternoon.
Next day the newspapers reported a state of anarchy on the streets and uncontrollable passions of reprisal amongst activists of two major political camps: Five people were killed in Dhaka on Saturday — a union council chairman along with his brother in Narsingdi, one each in Chittagong, Kurigram, Bagerhat, Kushtia and Moulvibazar in political clashes. Another died in police firing in Meherpur.
The death toll may increase as many of the injured admitted to hospital were in critical condition.
Road communications between Dhaka and other areas remained snapped. Shops and business establishments were closed. Streets in towns and cities were deserted.
Railway communications were also disrupted in many places. Air traffic and river routes were almost normal, according to information reaching Dhaka.
More than 175 people, 75 with bullet wounds, were admitted to Dhaka Medical College Hospital. Three bodies were sent to the hospital morgue. A Shibir activist lay dead in Islami Bank Hospital till 8:00pm.
Gulistan, Paltan and Baitul Mukarram in downtown Dhaka, and Jatrabari, Mirpur, Pallabi, Shahbagh, Dhaka University campus and other areas turned into battlefields as the opposition, Jamaat-e-Islami, BNP and the police clashed almost all day long.
In Narsingdi, the police and witnesses said Hajipur union council chairman Saiful Islam, 33, also a local BNP leader, and his younger brother, Ripon, 28, died in the attack at about 2:30pm.
His elder brother, Mah-e-Alam, 42, cousin Shamim, 35, and supporters Hannan Sarkar, 33, and Elen Hossain, 32, were injured when they tried to save Saiful from opposition activists.
More than two dozen offices of the BNP and its front organisations were vandalised in clashes between the BNP and the opposition combine.
In Chittagong, a toll collector of Shah Amanat Bridge, Abul Kalam, wounded in an attack by Awami League activists Saturday morning, died in Chittagong Medical College Hospital at about 4:00pm.
Kalam and three others were wounded when the opposition activists, during a road blockade, attacked state minister Zafrul Islam at 11:30am. Zafrul escaped unhurt.
In Meherpur, Awami League activist Abbas Ali, 35, was killed and six were wounded reportedly in police firing on a procession at 5:30pm.
The Meherpur police officer-in-charge, Abdus Salam, denied firing by the policemen and said a rival group might have opened fire.
Witnesses said the marchers in a procession attacked the house of the district Jamaat Amir and damaged two motorcycles, leading to clashes with the police. More than a dozen, including four policemen, were wounded.
In Bagerhat, an unnamed young man was hacked to death and 20 were injured in an Awami League-BNP clash Saturday night.
In Kurigram, Islami Chhatra Shibir activist Rafiqul Islam, wounded in a clash with the Awami League activists, died in a clinic at about 5:00pm.
Rafique and more than 50 were wounded in the clash that began at about 1:00pm. They again clashed at Ghosepara in the evening, in which four were injured.
Reports of violence also reached from other cities and towns where the outgoing ruling and opposition alliance activists clashed with each other or with the police.
In Gopalganj, anti-government protestors set fire to the houses of five BNP leaders, including the president and general secretary of the district unit.
In Sirajganj, the district administration ordered Section 144 as the rival parties convened meetings at the same place and at the same time on Saturday.
The administration of Patuakhali also imposed Section 144 for the same reason.
In Rajbari, the opposition activists damaged business establishments at English Market at noon.
At least 20, including two policemen, were injured in clashes in Mymensingh. A Mymensingh-bound local train was stopped for two hours at Shambhuganj in the morning.
In Kishoreganj, about 100 people were injured. Both the groups vandalised about 100 shops.
In Gazipur, the opposition combine leaders and activists besieged the town, suspending traffic. The activists blocked the Dhaka–Mymensingh Highway.
In Magura, at least 50 BNP and Awami League activists were injured in the district.
In Faridpur, Awami League activists attacked government, and Jamaat BNP offices. The Awami League activists damaged a traffic signal at place which was recently named as Zia Square.
In Manikganj, a huge procession marched along the Dhaka–Aricha Highway with bamboo poles and oars.
In Natore, at least 12 were injured in a clash in the afternoon.
In Noakhali, Awami League activists set fire to the BNP office at Chatkhil and also damaged the upazila Jamaat office.
Exhaustion takes hold
Next day, after the President had taken oath previous evening as caretaker head of government, the newspapers on the morning of October 30 reported: Eight more people were killed and about 300 injured as political violence continued to rage at different places across the country for the third straight day on Sunday.
Ebb of violence
Late at night on October 29, the combine led by the Awami League conditionally accepted the president, Iajuddin Ahmed, as chief adviser to the caretaker government.
‘We cannot welcome him [at this moment]… but his acceptability depends on his activities [in future],’ said the Awami League chief, Sheikh Hasina, at a briefing after a meeting of the alliance at Sudha Sadan Sunday night giving her party’s reaction to the transfer of power and assumption of caretaker government’s office by the President The Awami League chief put forth a three-point demand before the newly appointed chief to the caretaker government. She said the ongoing agitation programmes such as railway and road blockade would continue until the demands are met.
Tension on the streets around the capital subsided but orgy of killing and destruction went on elsewhere. As the newspapers on October 31 reported:
Five more people were killed and over 400 others injured on Monday as violence among rival political forces that erupted on Friday continued to rock the country.
With the new victims, the escalated violence claimed so far 30 lives during the last four days.
Monday’s victims included two activists each from Awami League and Jamaat-e-Islami.
In Kishoreganj, the activists of Awami League and BNP locked in a clash with lethal weapons at Maijchar area under Bajitpur upazila at about 4:30pm, killing Arman, 32, on the spot.
Over 100 activists of both the parties received injuries in the mayhem and condition of four of them was stated to be critical.
The rioting hordes looted valuables and set fire to some houses in the area.
Rival groups looted and set ablaze a number of shops at Dumrakanda bazar during a clash in the morning that also left 30 people, including five cops, injured.
In Bogra, police opened fire on a procession of BNP and its front organisations when they attacked the Kahalu police station in protest against Sunday’s killing of a Juba Dal leader, Haider Ali. Thandu received bullet wound and died on the spot, while 30 others were also injured.
Meanwhile, the 14-party combine activists damaged the residence of BNP leader and former education minister Osman Farruk at Guzadia in Karimganj upazila.
They also ransacked Guzadia union BNP office and several shops in Guzadia bazar. Some 20 people received injuries during the attack.
In Sirajganj, around 25 people were injured in clashes between BNP and AL activists in two places of the district.
Thirteen of the injured were admitted to Sirajganj Sadar Hospital and different clinics.
In Bagerhat, at least 40 people were injured in separate clashes between Awami League and BNP activists in different areas of the town on Monday.
A BNP office and some 15 shops were damaged in Satgambuj area.
In Shariatpur, five people were injured in a clash at Bhederganj Bazar.
In Pabna, Awami League activists ransacked various government offices and removed portraits of immediate past prime minister Khaleda Zia from these offices Sunday night.
In Satkhira, over 35 people, including a former AL lawmaker, were injured in a series of clashes in different places of the district during the last two days.
Meanwhile, the district administration imposed section 144 on Parulia bus-stand area in Debhata, prohibiting meeting or procession.
In Nilphamari, a militant procession of Awami League set fire to Jaldhaka bazar Monday evening. The fire gutted about 50 shops.
Witnesses said the Jamaat cadres tried to resist the procession, enraging the unruly activists to set ablaze the shops in the bazar.
In Lalmonirhat, at least 50 persons were injured in clash between the AL and BNP at three places on Sunday and Monday.
Lessons learnt
The Awami League started it all. They masterminded the whole thing as a result of which the country witnessed is unprecedented spate of violence. In the past 15 years three successive elections were held under three former Chief Justices. The system has earned the confidence of the people. But this time the Awami League has questioned the neutrality of the last retiring Chief Justice alleging that he was a member of a political party about 25 years ago. The Awami League has disrupted constitutional process by preventing Justice K M Hasan from assuming the office of the Chief Advisor. This may have a disastrous effect in our constitutional history.

The central leadership of the Awami League camp and its camp-followers are keeping the Damocles’ Sword of fresh “siege” programmes hanging over the head of the caretaker government, unless some of their extra constitutional demands are seen to be met. The Jamaat has meanwhile instructed its workers to maintain discipline and remain calm in the face of provocation They have also been instructed to particularly be vigilant to protect vulnerable groups of people and minority community members, who often get hurt in all disorderly situations. Jamaat is also doing all it can, within the political alliance to which it belongs and without, to ensure that the democratic process in the country goes on without further disruptions.

SK HASINA'S OFFENSIVE

Sk. Hasina, a former Prime Minister and formerly the Leader of the opposition reacted very aggressively to the electronic media on 28 October orgy in the broad daylight be her cadres. Defending the actions of her followers, she angrily asked the media people, 'why don't you say against those people who take position in the mosque with arms, launch attack from the mosque and desecrate the holy place of religion.'

These very words show that Sk. Hasina, being herself a mother, becomes devoid of any humane feeling when she takes action against her political opponents. She considers even the most brutal punishment for them insufficient! Perhaps, therefore, Maulana Nizami was right in terming her 'Hinda of modern times.'

Referring to Hasina's offensive Maulana Nizami exclaimed to the press on the following day (29 October), 'How Sk. Hasina may utter such lies? We were holding our rally at the North Road of Baitul Mukarram mosque. No worker of us were inside the mosque. Even we offered our prayers on the road. It has become her habit to utter lies.'