পাতা:বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (পঞ্চদশ খণ্ড).pdf/১৮০

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বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্রঃ পঞ্চদশ খণ্ড
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Proclamation, the fundamental rights provisions of the 1962 Constitution would once again become operative. As soon as this happened, it would be argued that the trial could not proceed on the ground that the special tribunal with its special procedures, violated the fundamental right guaranteeing equality before the law and cqual protection of the law to all citizens. A notice was therefore drawn up to be served on the government calling upon it to withdraw the case and to release Sheikh Mujib and other accused Brohi together and myself personally handed over this notice to Manzoor Quader. Manzoor Quader considered that there was substance in the point raised and undertook immediately to contact Ayub on the telephone.

 While this matter was being discussed with Manzoor Quader he received a telephone call and appeared visibly agitated at what was reported to him over the telephone. He informed that he had just been told that Sgt. Zahurul Haque on of the accused in the Agartala conspiracy case, had been shot dead by a military guard and that two other accused persons had been injured. His agitation showed that he understood the gravity of the situation. It was clear that there would be popular outrage when this news would be revealed. I was personally very upset because Sgt. Zahurul Haque was the brother of a friend and colleague, Advocate Aminul Haque, who had indeed only a few days earlier, obtained my commitment to appear to present arguments on behalf of his brother. The urgency of the need for compliance with the notice served on him was impressed on Manzoor Quader.

 Zahurul Haque's funeral was fixed for the afternoon. Immediately after the janaza (funeral prayers) at Paltan, I accompanied by a number of friends, left for the Azimpur burial-ground. At least two hours had passed and the body still did not arrived. This had begun to cause concern. It was learnt that the precisionists, while trying to get some flowers form the garden of a minister's house occupied by the ministers and followed it with attacks on other official residences, including one occupied by the presiding judge of the of Agartala Conspiracy case and set them on fire.

 Immediately after the burial, I proceeded to the hotel where Brohi was staying and witnessed many houses burning on the way. I found Manzoor Quader with Brohi. He said that he had already spoken to Rawalpindi but had received no reply. Manzoor Quader was emphatic that the trial could no longer continue in view of the popular emotions released by the death of Zahurul IIaque, which had already led to the burning of the residence of the presiding judge. Manzoor Quader claimed that it was no longer realistic to expect that the trial could continue. He even made a philosophic point namely that the object of trial was to convince the public that accused persons were guilty and that therefore justice demanded that they be punished. In a case, where the public had already made up its mind that the accused were not only not guilty but were ‘heroes’, as was evident from their behavior there was little point in continuing with the trial. It was agreed that both Manzoor Quader and Brohi would leave for Rawalpindi the following morning and pursue the matter of the legal notice served on the Government to withdraw proceeding and to release Sheikh Mujib and the other accused persons. Two days had already passed and no response had been received. Brohi had left for Karachi and