Sheikh Mujib Murder Enquiry: Preliminary Report of the Commission of Enquiry

The earliest effort to enquire into the murder of Bangabandhu Sheikh Mujibur Rahman and his family members and of the four national leaders was to constitute a commission in the UK in 1980. The commission published their preliminary findings on March 20, 1982. Here we publish the preliminary report.

This Commission of Enquiry was formally constituted on 18 September, 1980, to enquire into the circumstances which were impeding the processes of law and justice from taking their course in relation to those responsible for the murder of Bangabandhu Sheikh Mujibur Rahman and his family on 15 August, 1975, and of the four national leaders Syed Nazrul Islam (Vice President), Tajuddin Ahmed (first Prime Minister), Monsur Ali (Prime Minister), and Qamruzzaman (Minster for Industries and former Party President) while under detention without trial in the Dacca Central Jail on 3 November, 1975.

The initiative to constitute this Commission was taken by Sir Thomas Williams, Q.C., M.P., in response to an appeal made by Sheikh Hasina and Sheikh Rehana, surviving daughters of late Bangabandhu Sheikh Mujibur Rahman, and by Mr. M. Selim and Sayed Ashraf-ul-Islam, sons (sic) of murdered Prime Minister and Vice-President. This appeal had been widely supported in public meetings held in Bangladesh as well as abroad. The first meeting of the Commission was held in one of the Committee Rooms of the House of Commons on 18 September, 1980, under the Chairmanship of Sir Thomas Williams, Q.C., M.P. It was attended by Mr. Sean MacBride, S.C., Mr. Jeffrey Thomas, Q.C., M.P., and Mr. Aubrey Rose, Solicitor. After the meeting, a statement announcing the setting up of the Commission and its terms of reference was issued at a press conference held on the same day.

The Commission proceeded to examine the dossier of papers delivered to each of the members, containing available evidence relating to: (a) the murder of Bangabandhu Sheikh Mujibur Rahman and his family on 15 August, and four national leaders in the Dacca Central Jail on 3 November, 1975; (b) the persons who have publicly acknowledged responsibility of murders; and (c) the steps taken by the Government of Bangladesh in relation to these matters. From the perusal of the papers, the following facts emerge:

That Bangabandhu Sheikh Mujibur Rahman and the following members of his family were assassinated in his residence at Road No. 32 Dhanmandi R.A., Dacca, in the early hours of the morning of 15 August, 1975: 1. Begum Fazilatunnessa, wife of Sheikh Mujibur Rahman, 2. Sheikh Kamal, eldest son of Sheikh Mujibur Rahman, 3. Sheikh Jamal, 2nd son of Sheikh Mujibur Rahman, 4. Sheikh Russel, youngest son of Sheikh Mujibur Rahman, (age -9 years), 5. Mrs Sultana Ahmed Khuku, wife of Sheikh Kamal, 6. Mrs. Pervin Jamal (Rosey), wife of Sheikh Jamal, and 7. Sheikh Naser, brother of Bangabandhu Sheikh Mujibur Rahman.

That on 15 August, 1975, at the same time, the following persons were also murdered: 1. Mr. Abdur Rob Serniabat, brother-in-law of Sheikh Mujibur Rahman) Minister for Power, Irrigation and Water Resources), 2. Miss Baby (age-4 years), daughter of Mr. Serniabat, 3. Arif, son, 4. Babu, grandson, (age – 3 years), 5. A visiting nephew, 6. Three guests, 7. Four servants, 8. Sheikh Fazlul Huq Moni, a nephew of Bangabandhu and one of the Secretaries of the ruling party. 9. Mrs. Fazlul Huq Moni (niece of Sheikh Mujibur Rahman and pregnant at the time).

On 3 November, 1975, the following national leaders were murdered in the Dacca Central Jail: 1. Syed Nazrul Islam (former Vice-President); 2. Tajuddin Ahmed (first Prime Minister); 3. Monsur Ali (former Prime Minister); 4. A.H.Q. Qamruzzaman (former Minister for Industries, and former Party-President).

That the above murders were carried out by a small number of army personnel, led by certain retired and serving military officers. That the identity of the officers involved can be derived from the list of army personnel who negotiated their departure from Bangladesh to Bangkok on 3 November, 1975.

Their departure followed a coup directed against the army personnel who were involved in the murder of Bangabandhu Sheikh Mujibur Rahman. Among the persons who left for Bangkok from Bangladesh were: 1. Lt. Colonel Faruque 2. Lt. Colonel Abdur Rashid.

That apparently the following persons were the leaders of the coup: 1. Lt. Col. Faruque; 2. Lt. Col. Rashid; 3. Major Shariful Huq (Dalim).

That in a conference held in Bangkok, Lt. Col. Faruque acknowledged responsibility for the murder of Bangabandhu Sheikh Mujibur Rahman and his family as well as for the killings in the Dacca Central Jail of Syed Nazrul Islam, Tajuddin Ahmed, Monsur Ali and A.H.Q. Qamruzzam.

Such responsibility was once again claimed in a press interview published in the London Sunday Times of 30 May 1976 and in a TV interview in London on 2 August 1976.

That the Government of Bangladesh, on 26 September, 1975 promulgated an Ordinance under the title: “The Indemnity Ordinance, 1975”, purportedly “to restrict the taking of any legal or other proceedings against any personnel for any act 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 15 August 1975”.

That the Ordinance requires a certificate to be issued by the President to the effect that any act, matter or thing was done or step taken by any person mentioned in the certificate in connection with, or in preparation or execution of any plan for, or as necessary step towards, the change of Government of the People’s Republic of Bangladesh and the Proclamation of Martial Law on the morning of 15 August, 1975, shall be sufficient evidence of such act, matter or thing having been done or step having been taken in connection with, or in preparation or execution of any plan for, or as necessary step towards, the change of such Government.

Such a certificate would be deemed to provide conclusive evidence of the facts stated therein. It is not known whether any such certificates were issued. That the Government on 5 November, 1975, by a notification in the Gazette, No. 768, (Annex C) set up a three-member Judicial Inquiry Commission in the following terms:

“No. 768 – Law – A three member Judicial Inquiry Commission is hereby constituted to hold immediate judicial enquiry into the circumstances under which four prominent persons were brutally murdered in Dacca Central Jail recently. The Commission will be headed by Mr. Justice Ahsanuddin Chowdhury, Judge of the Supreme Court (Appellate Division) with Mr. Justice K.M. Sobhan, and Mr. Justice Syed Mohammad Hossain of the Supreme Court (High Court Division) of Bangladesh as members.”

That a police case had been registered in Lalbagh Police Station, Dacca on 5 November, 1975, regarding the killings in the Dacca Central Jail on 3 November 1975. It appears that after some investigation the matter was referred to the C.I.D.

That despite the passage of more than six years, no legal proceedings have been instanced against the persons concerned. That in April, 1977 an Amnesty International Mission, led by Mr. Sean MacBride, one of the members of this Commission, visited Bangladesh, and in his meeting with the authorities, including the then President, discussed about the Jail Killing, and was told that the law would be allowed to take its course.

An extract of the report of the Mission is attached here as Annex D. That thereafter, it appeared that the following officers involved in the murder, who had left Bangladesh for Bangkok on or around 3 September, 1975, were given diplomatic assignments.

The given diplomatic assignees were: 1. Lt. Colonel Shariful Huq (formerly Major) (Dalim), 2. Lt. Colonel Aziz Pasha, 3. Major Mohiuddin, 4. Major Shariar, 5. Major Bazlul Huda, 6. Major Rashid Choudhury, 7. Major Noor, 8. Major Shariful Hussain, 9. Captain Kishmat Hussain, 10. Lt. Khairuzzaman, 11. Lt. Abdul Majid.

That it appeared that the said persons had been confirmed in their posts as published in the Bangladesh Gazette.

That the Commission, having regard to the above facts and circumstances, decided that one of the members of the Commission should proceed to Dacca to inquire on the spot as to what was impeding the processes of law and justice from taking their course in relation to the murders referred to above. That it was decided that one of the Members, Mr. Jeffrey Thomas, Q.C., should visit Dacca on 13 January, 1981, for such an on-the-spot investigation, accompanied by an aide. An application was made by the Secretary of the Commission, Mr. Aubrey Rose, Solicitor, for visas, to enable Mr. Jeffrey Thomas and his aide to visit Bangladesh.

That the Bangladesh High Commission kept the matter pending indicating that the visas would be issued in due time to enable the members to visit Bangladesh.

That on the morning of 13 January, 1981, when an urgent request was made to enable the members to take the British Airways flight in the same evening, the Bangladesh High Commission in London indicated that passports and visas would be returned on that afternoon. When these were called for, it was said that the Consular Section was closed.

That subsequently, the Bangladesh High Commission confirmed that they could not issue a visa for Mr. Jeffrey Thomas to travel to Dacca. The Secretary to the Commission confirms that despite letters, telephone calls, and personal visits to the Bangladesh High Commission in London, no letter of refusal to grant a visa or of explanation, or of any kind, has been received by the Secretary from the High Commission.

From the facts narrated above, the preliminary conclusions reached by us are:

a) The processes of law and justice have not been permitted to take their course.

b) It would appear that the Government has duly been responsible for impeding their process.

c) These impediments should be removed and law and justice should be allowed to take their course.

(Article Source: The Daily Star / August 15, 2022)

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