46 বাংলাদেশের স্বাধীনতা যুদ্ধ দলিল : চতুর্থ খন্ড শিরোনাম সূত্র তারিখ গৃহযুদ্ধ বা আভ্যন্তরীণ গোলযোগ নয়, বাংলাদেশ এ্যাকশন কমিটির এপ্রিল, ১৯৭১ বাংলাদেশের জনগণ স্বাধীনতার জন্য সংগ্রাম প্রচারপত্র করছেন- বিরোধী প্রচারণার জবাবে বাংলাদেশ এ্যাকশন কমিটি BANGLADESH: CIVIL WAR-INTERNAL CONFLICT"> The independence of Bangladesh has been declared on March 25. There was no constitution on that date. So, the question of the violation of constitutional provisions does not arise. In the absence of any constitution, Pakistan is back to square one-the Lahore Resolution of 1940, the accepted legal basis for the creation of Pakistan. This Resolution accords "sovereign and independent” status to the component units, one of which was Bangladesh. Sheikh Mujibur Rahman, with absolute majority in the National Assembly launched non-cooperation movement on March 2. Since that date till the declaration of independence, only his writs were valid with one hundred per cent response from the people, despite Yahya's Martial Law being in force. The writs included international trade, monetary and postal regulations. Yahya's government, like any other military government got recognition on de facto principle. This de facto basis in favor of Yahya's government ceased to exist in respect of Bangladesh on March 2, making room for the de facto rule of Mujibur Rahman to emerge and continue till the declaration of independence. This declaration (i) did put the de jure blanket over the de facto authority of Sheikh Mujib. And (ii) it turned the West Pakistan Army into a foreign occupation army. Once the existence of Bangladesh as a legally independent country, for any length of time is admitted, the alleged subsequent effective control cannot provide Yahya Khan with any sanction derived from de facto principle. Yahya government is aware of the unassailable force of this contention and had been falsely insisting that Sheikh Mujibur Rahman was arrested half an hour before the declaration of independence. Reported 100,000 strong Yahya's army in Bangladesh do not have a single Bengali. The Bengalis are 56% of Pakistan's population. Bangladesh military personnel are either under arrest or have joined the liberation army. Thus Yahya's army in Bangladesh is not a federal army; consequently its rule is not a federal one. The term civil war means aimed conflict between opposing groups of the same nationality within the same country. Since the Bengalis are a distinct nation and their armed participation on Yahya's side is nil the events in Bangladesh do not constitute a civil war either by definition or by example. The universal Declaration of Human Rights is to be obeyed. Clause 21 (3) reads, "the will of the people shall be the basis of the authority of government; this shall be
