A STUDY ON HUMAN AND DEMOCRATIC RIGHTS SITUATION IN BANGLADESH ( 27th June to 13th July, 2010)
INTRODUCTION
Human rights situation has been worsening day by day alarmingly. From bureaucracy to professionals, public procurement to conducting of public examination, politicization and criminalization are going rampantly everywhere. Various institutions are objected to malfunctioning at political will causing further deterioration of institutionalization contrary to the good governance and a healthy culture. Lax law enforcement panics people. Victims not going police for harassment fear moreover police are being used as political tools to suppress th the opposition. After the first countrywide strike of the opposition parties on 27 June government showed nude face to the nation and started state violence to the people and opposition. A brief account on human rights and constitutional rights violation in last 16 days are given below.
More than 4 thousands opposition leaders and activists were arrested in last16 days including top BNP and Jamaat leaders, besides thousnads of activists have been assaulted and injured by police and Bangladesh chattra League the student wing of Awami League. In the name of th hurting the religious sentiment, on 29 June, police arrested Jamaat e Islami Ameer Motiur Rahman Nizami, its secretary general Ali Ahsan Mohammod Mujahid, and Nayebe Ameer Maolana Delawar Hossain Saidee. All three were arrested in connection with a flimsy case filed by an Awami League activist in which he accused them of hurting religious sentiment referring to the Prophet of Islam. The fact is that neither Maulana Nzami, nor Mujahidi was present at that seminar in which Jamat's city Ameer made the comment. The event was organized by its student front Islami Chhatra Shibir. The next day when the three were produced before the magistrate they were granted bail but the police immediately showed them arrested in connection with about half a dozen cases and sought remand for varying periods. The court allowed 16 days remand for each of them in cases which include some war crime related cases, besides the murder of a Rajshahi University student a few months ago. th
How ever, in the name of provoking the vandalism of vehicles and firing flame before 27 June daylong countrywide strike (hartal) police sent to custody some BNP top leader including Mirza Abbas, Somser Mobin Choudhury, Shahid Uddin Choudhury Anee, and some BNP activists. Interestingly, everyone was arrested first on a simple case but within a short period of time police made half a dozen cases to the leaders and showed them shown
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arrest. It is published in all the dailies and electronics media that they are being tortured in custody. th
During the opposition party human chain on 7 July one person was killed in Naogaon and more than 100 were injured across the country as the law enforcers charged with truncheons at opposition Party activists at the various places.The law enforcers also picked up more than c entral leader Syed Moazzem Hossain a hundred leaders and activists, including the BNP ‟s central Alal, also the Jatiyatbadi Juba Dal president, as they tried to form human chains in protest at attack on and arrest of its leaders and activists during its general strike on June 27. Enamul Haq Omar, general secretary of the Baragacha Juba Dal at Raninagar, died after the police had chased the leaders and activists when they were forming a human chain at Tajermore in the Naogaon town in the morning. Within three hours of High court order not to arrest the Jamaat leaders, violating the order of High Court police arrested two assistant secretary general of Jamaat Islami Md Kamaruzzaman and Abdul Kader Molla on 13th July from the High Court area.
A BREIF ACCOUNT OF HR VIOLATIONS FROM 27 TH JUNE TO 13TH JULY 27TH JUNE, 2010
Chaatra League activist attacks on BNP lawmaker Shahid Uddin Choudhury Anny on 27th June during countrywide day long strike (hartal) under the protection of police at Shahbag area in Dhaka city. Photo; the Daily Kalerkantha 28/06/2010 28/06/2010
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BNP's Vice Chairman Shamsher Mobin Chowdhury, a freedom fighter, and former th foreign secretary of Bangladesh is arrested. Photo: The Weekly Holiday 9 July
BNP standing committee member Mirza Abbas is arrested Police assaulted a woman in the residence of Mirza Abbas Chhatra League activist beating BNP lawmaker under the protection of police Photo: the Daily Nayadiganta 28/06/2010
Law enforcing agency assaulting a woman in the residence of BNP standing committee member Mirza Abbas on 27 th June. Photo: The Weekly Holiday 02/07/2010
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Woman is being assaulted by police Opposition activist is assaulted and arrested BNP lawmaker is injured by the assault of BCL and he is brought to hospital h ospital Police through gas to the activists
30TH JUNE, 2010
Top Bangladesh Jaamat Islami leaders were arrested on 29 th June on the charge of a flimsy case. Photo; The Daily Sangram 30/06/2010
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01ST JULY, 2010
The next day when the three were produced before the magistrate they were granted bail but the police immediately showed them arrested in connection with about half a dozen cases and sought remand for varying periods. The court allowed 16 days remand for each of them in cases which include some war crime related cases, besides the murder of a Rajshahi University student a few months ago. Photo: the Daily Sangram 01/07/2010
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Police action against Jaamat procession in Dhaka city; Photo: The Daily Sangram, 01/07/2010
03RD JULY, 2010
Police arrested the Shibir activist from a peaceful procession, Photo: The Daily Nayadiganta 04/07/2010 04/07/2010
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07TH JULY, 2010
Police assaulted and arrested the women activists of BNP from a peaceful human chain on 07th July against the arrest of BNP top leaders and activists. Photo: The Daily Jugantar 08/07/2010 08/07/2010
Police arrested the activists of Bangladesh Islami chaatra shibir in such a way which is totally anti human. They were arrested from a living mess of Barishal division. Photo: The Daily Nayadiganta 08/07/2010
Police action against peaceful human chain which was observed against government’s political violences. Inset photograph of a BNP leader killed on 07 th Human chain
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Section -1
Some photographs of human chain
Section 1 VIOLATION OF HUMAN RIGHTS Torture in custody Extracting confessional statement is a severe violation of human rights as well as of the UN Convention against torture and other cruel, inhuman or degrading treatment or Punishment, that Bangladesh ratified ratified the on October October 5, 1998. Political leaders leaders are being tortured tortured in the custody. Jaamat Secretary General Ali Ahsan Mujahid and Nayebe Ameer Maolana Delwar Hossian Sayedee alleged that they were tortured nine days continuously in remand period and could not take rest due to the torture of police in custody. (The (The Daily Nayadiganta Nayadiganta,, 11/07/2010) About one thousand leaders and activists of opposition were arrested and detained in last 16 days.
Torture by law enforcing agencies
Enamul Haq Omar, general secretary of the Baragacha Juba Dal at Raninagar, died after the police had chased the leaders and activists when they were forming a human chain at Tajermore in the Naogaon town in the morning.Witnesses said Omar had fallen down on the road when the law enforcers chased the BNP activists about 11:30am. He was then taken to a private hospital where he died later. (The Daily New Age, 8th July, 2010). Law enforcing agencies especially RAB and police severely tortured household people in the residence of BNP standing th committee member Mirza Abbas on 27 June. Thousands of opposition party leaders, activists and th general people were tortured by the law enforcing agencies in whole country from 27 June.
“Referring to police action at BNP standing Committee member Mirza Abbas home on hartal day former Law minister and a leading Awami League leader advocate Abdul Matin Khasru
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said he was shocked and ashamed of it as he saw the TV footage in news telecast. In fact RAB personnel carried out the violence inside his home destroying family artifacts and beating women including his old mother now over 75. Suranjit Sen Gupta also took exception to such brutalities when many other critics tend to equate the RAB action with that of the dreaded 'Rakhi Bahihi' which Sheikh Mujibur Rahman had set up in early 1970s to destroy the opposition JSD that time. But home minister advocate Sahara Khatun simply downplayed the RAB action saying she was not aware of it although all TV channels repeatedly showed the footage of the violence throughout the day. Five BNP influential leaders including Mirza Abbas, 12 female party activists including ward councilors were among 167 persons whom police, RAB and special branch officials took to custody on the day.” day.” (Faisal (Faisal Rahim, AL's politics of vengeance, brutalities, Holiday: 2nd July, 2010)
Law Enforcing agencies are used by the government BNP called for a totally peaceful human chain formation on Weddnesday to protest against the government's misrule and demand release of its leaders and workers arrested during June 27 hartal. The government, however, responded violently engaging police and partymen to obstruct and attack the opposition programme in Dhaka and other places leaving at least one person killed and more than one hundred persons injured. injured. Enamul Haq Omar, general secretary of of the Baragacha Juba Dal at Raninagar, died after the police had attacked the leaders and activists when they were forming a human chain at Tajermore in the Naogaon town in the morning. The BNP's senior joint secretary general Mirza Fakhrul Islam Alamgir at a press briefing in the party's central office at Naya Paltan said Omar had died in police attack.
The Naogaon police superintendent, Mohammad Mofazzal Hossain, admitted to stopping BNP leaders and activists from forming the human chain but said that 'It was a natural death. He might have died of heat stroke in the hot weather.' Meanwhile, the law enforcers picked up the party's central leader Syed Moazzem Hossain Alal, also the Jatiyatabadi Juba Dal President, as he tried to form human chains in Sukrabad area in the capital city. The day's main programme was held in front of the National Press Club in Dhaka where the police did not allow BNP men, led by the opposition chief whip in the parliament, Zainul Abdin Farroque, on the pavement, leading to a scuffle that continued for some time.Policemen in riot gears took position in front of the National Press Club and pushed the activists inside the club. Some allies of the BNP also joined the programme at the National Press Club. Jamaat-e-Islami leaders Mujibur Rahman and Tasnim Alam, Islami Oikya Jote secretary Abdul Latif Nezami, Jatiya Ganatantrik Party president Shafiul Alam Pradhan, and Bangladesh Jaitya Party secretary general Shamim Al Mamun, were at the press club. At the Supreme Court building, some 50 to 60 BNP-backed lawyers, led by the Supreme Court Bar Council president, Khandker Mahbub Hossain, former parliament speaker Jamiruddin Sircar, and the party's standing committee member Moudud Ahmed formed the human chain and the police immediately cordoned them off. Opposition BNP faced police obstruction to its human chain protests in Dhaka, Chittagong, Rajshahi, Khulna, Barisal, Sylhet jessore and other places on Wednesday, the party leaders said. The programme was
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set to start at 11am but police barred the opposition activists in Dhaka in front of the National Press Club, Farmagate, Ittefaq crossing and Shapla intersection in Motijheel. Police charged baton to disperse hundreds of leaders and activists including BNP chairperson Khaleda Zia's adviser Prof M A Mannan, Ahmed Azam Khan, former MP Selim Reza Habib and Juba Dal general secretary Saiful Alam Nirab near Pragati Centre at Farmgate. Forner MP Selim Reza Habib alleged that police obstructed them from standing on the road. "Police charged batons on the demonstrators and picked up four of our activists," he said. BNP joint secretary general Amanullah Aman, Opposition Chief Whip Zainal Abdin Farroque, Islami Oikya Jote secretary Abdul Latif Nezami, Jatiya Ganatantrik Party president Shafiul Alam Prodhan and Bangladesh Jaitya Party secretary general Shamim Al Mamun took position in front of the main entrance of the National Press Club from 11am. But they were cordoned off by police, Officer-in-charge of Shahbagh police station Rezaul Karim told newsmen that they were ordered not to allow anybody to take position in front of the Press Club. In Chittagong, BNP leaders and workers were obstructed at Bahddarhat, Agrabad, Dewanhat, Pathantuly, Dampara and Lalkha Bazar. Police used batons to disperse the th gathering and arrested about 25 persons. ( The Weekly Holiday, 9 July, 2010 Police obstruct BNP's human chain programme Special Correspondent )
Section-2 POLITICAL VIOLANCE
The activists of ruling Awami League and its front organisations on midday Sunday ransacked, looted and set ablaze Jamaat office at Hizla upazila town. Maulana Abul Hashem, upazila Amir of Jamaat and Gobindapur union parishad chairman alleged that the activists of AL and its front organisations attacked and set the Jamaat office on fire. He alleged that the activists of the ruling party had taken out a procession in the town led by Hizla upazila chairman and AL secretary Sultan Mahmud Tipu. He said that the activists from that procession attacked the Jamaat office at about 12 noon chanting anti Jamaat slogans. ( The Daily New Age, 05 July, 2010 AL men ransack, set afire Jamaat office at Hizla, Correspondent . Barisal) Chaatra League activist attacks on BNP lawmaker Shahid Uddin Choudhury Anny on 27th June during countrywide day long strike (hartal) under the protection of police at Shahbag area in Dhaka city. Countrywide vandalism of Awami League leaders and activists against oppositions. Awami League leader and Textile and Jute Minister A L Siddiqui inclined BCL to attack opposition activists not to clash among themselves.
Activists of ruling Awami League (AL) and its front organisations yesterday ransacked and 'set fire' on inventories of Jamaat-e-Islami's Hizla upazila office, alleged the upazila Jamaat Ameer Maulana Abul Hashem.The ruling party men, who brought out a procession demanding trial of war criminals in the town, went on the rampage around 11:00am, he said. (The Daily Star, 5th July, 2010)
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SECTION 3. VIOLATION OF DEMOCRATIC RIGHTS :
The article 38 and 39 of the constitution guarantee any citizen of the state to form a political or an organization and organize political activities in a peaceful manner such act shrink democratic space and create obstacle towards protecting democratic rights. The intention to victimize Bangladesh Jamaate Islami, one of largest political party having around 12% popular vote,is particularly noteworthy. With gross violation to the article, the ruling party governement are hell-bent on harassing and intimidating the opposition BNP and Jamaat leaders by not withdrawing mostly fake and motivated litigations by the military-backed Caretaker Government and terrorising the rival party workers through violent means.
Politically motivated graft cases :
th
In the name of hurting the religious sentiment, on 29 June, police arrested Jamaat e Islami Ameer Motiur Rahman Nizami, its secretary general Ali Ahsan Mohammod Mujahid, and Nayebe Ameer Maolana Delawar Hossain Saidee. All three were arrested in connection with a flimsy case filed by an Awami League activist in which he accused them of hurting religious sentiment referring to the Prophet of Islam. The fact is that neither Maulana Nzami, nor Mujahidi was present at that seminar in which Jamat's city Ameer made the comment. The event was organized by its student front Islami Chhatra Shibir. The next day when the three were produced before the magistrate they were granted bail but the police immediately showed them arrested in connection with about half a dozen cases and sought remand for varying periods. The court allowed 16 days remand for each of them in cases which include some war crime related cases, besides the murder of a Rajshahi University student a few months ago. th
How ever, in the name of provoking the vandalism of vehicles and firing flame before 27 June daylong countrywide strike (hartal) police sent to custody some BNP top leader including Mirza Abbas, Somser Mobin Choudhury, Shahid Uddin Choudhury Anee, and some BNP activists. Interestingly, everyone was arrested first on a simple case but within a short period of time police made half a dozen cases to the leaders and showed them shown arrest. It is published in all the dailies and electronics media that they are being tortured in custody. th
During the opposition party human chain on 7 July one person was killed in Naogaon and more than 100 were injured across the country as the law enforcers charged with truncheons at opposition Party activists at the various places.The law enforcers also picked up more than a hundred leaders and activists, including the BNP ‟s central leader Syed Moazzem Hossain
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Alal, also the Jatiyatbadi Juba Dal president, as they tried to form human chains in protest at attack on and arrest of its leaders and activists during its general strike on June 27. Enamul Haq Omar, general secretary of the Baragacha Juba Dal at Raninagar, died after the police had chased the leaders and activists when they were forming a human chain at Tajermore in the Naogaon town in the morning. Within three hours of High court order not to arrest the Jamaat leaders, violating the order of High Court police arrested two assistant secretary general of Jamaat Islami Md Kamaruzzaman and Abdul Kader Molla on 13th July from the High Court area.
More than 4 thousand were arrested
Three thousands shibir men are arrested: In a press briefing of 10 July Islami th Cahttro Sibir central president Md Rezaul Karim demanded that since last 27 June Police arrested 3 thousands 47 of their leader s and activists, among them in Dhaka city 516, Chittagong 355, Khulna 75, Sylhet 115, Barisal 55, Rajshahi 305, Nowakhali 65, Sirajgongh 25, Kustia 48, Jinaidah 51, Jessore 65, Satkhira 195, Bagherhat 15, Kisorgong 25, Jalakathi 21, Chapainobabgogn 55, Rangpur 45, Rajbari 94, Faridpur 37, Mymenshing 35, Netrokona 55, Moulovibazar 76, Kumilla 115, Lokkhipur 30, Cox‟s Bazar 15, Rangamati 20, Narayongong 45, Chandpur Chandpur 36, Feni 11, Kurigram 27, Brammonbaria 46, Gazipur 45, Tangail 25, Jamalpur 07, Nator 39, Pabna 56, Nilfamari 47, Narshindi 15, Joypurhat 07 etc. One killed, 100 hurt as police attack BNP human chains
One person died in Naogaon and more than 100 were injured across the country as the law enforcers charged with truncheons at opposition Bangladesh Nationalist Party activists at th places during the party‟s pa rty‟s human chain on Wednesday (7 July) .The law enforcers also picked up more than a hundred leaders an d activists, including the party‟s central leader Syed Moazzem Hossain Alal, also the Jatiyatbadi Juba Dal president, as they tried to form human chains in protest at attack on and arrest of its leaders and activists during its general strike on June 27. Enamul Haq Omar, general secretary of the Baragacha Juba Dal at Raninagar, died after the police had chased the leaders and activists when they were forming a human chain at Tajermore in the Naogaon town in the morning.Witnesses said Omar had fallen down on the road when the law enforcers chased the BNP activists about 11:30am. He was then taken to a private hospital where he died later. The BNP‟s senior joint secretary general Mirza Fakhrul Islam Alamgir at a briefing in the party‟s central office at Naya Naya Paltan said Omar had died in police attack. The Naogaon police superintendent, Mohammad Mofazzal Hossain, admitted to stopping BNP leaders and activists from forming the human chain but he brushed aside the allegation that the chase by the police had caused the death of the Juba Dal leader. „It was a natural death. He might have died of heat hea t stroke in the hot weather.‟ The day‟s main programme was held in front of the National Press Club in Dhaka where the police did not allow BNP men, led by the opposition chief whip in the parliament, Zainul Abdin Farroque, on the pavement, leading to a scuffle that continued for some time. Policemen in riot gears took position in front of the National Press Club and pushed the activists inside the club. The BNP leaders and activists entered into an altercation with the police and shouted slogans against the government‟s move to suppress opposing voice and they all sat on the road. The police tried
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to pick up some people from the spot but failed. After the programme, the party‟s secretary general Khandaker Delwar Hossain alleged police action on a peaceful programme such as human chain was carried out at unofficial instruction of the government.Delwar said police had barred the party‟s peaceful demonstrations across the country. „They charged with truncheons at the activists and detained them. This is how the government is torturing the opposition by giving unofficial instructions to the police. Such incidents of torture are keeping the government off the people,‟ he said, said, urging the government to refrain from such action. The police did not allow BNP activists at any spot in Dhaka but the entrance to the Supreme Court building. buildin g. The police charged with wi th truncheons at the activists at Gabtali, Shyamali, Asad Gate and Farmgate. The Jatiyatabadi Juba Dal, Syed Moazzem Hossain Alal, was also picked up by the police. At the Supreme Court building, some 50 to 60 BNPbacked lawyers, led by the Supreme Court Bar Council president, Khandker Mahbub Hossain, former parliament speak er speak er Jamiruddin Sircar, and the party‟s standing committee member Moudud Ahmed formed the human chain and the police immediately cordoned them off. Some allies of the BNP also joined the programme at the National Press Club. Jamaat-eIslami leaders Mujibur Rahman and Tasnim Alam, Islami Oikya Jote secretary Abdul Latif Nezami, Jatiya Ganatantrik Party president Shafiul Alam Pradhan, and Bangladesh Jaitya Party secretary general Shamim Al Mamun, were at the press club In Chittagong, the police picked up five BNP activists. The city unit BNP formed human chains at Kalamia Bazar, Bahaddarhat, Muradpur, Dewanhat, Chowmohani, Barik Building, Saltgola, EPZ and WASA crossings. In Rajshahi, the police intercepted intercept ed BNP and its it s front organisations organ isations at Saheb S aheb Bazar. After the police had stopped the opposition leaders from forming a human chain, they brought out a procession that ended at Bhuban Mohan Park where they held a rally. Former Rajshahi mayor Mizanur Rahman Minu, also the city BNP president, and general secretary Shafiqul Huq Milon addressed the gathering. At least 20 leaders and activists of the Khulna BNP were injured in an attack allegedly by the Juba League and the Chhatra League near the Power House crossing in the Khulna city. The Khulna BNP formed human chains at 17 points in the city. At least 30 leaders and activists of the BNP and its front organisations were injured in police action on the human chain in Jessore. Thirteen leaders and activists of the BNP and Islami Chhatra Shibir were picked up by the police in the town. The police also dispersed human chains of the BNP in Barisal. In Narayanganj, at least 50 BNP activists were injured as the police charged with truncheons at a procession about 11:00am. The police also foiled the B NP‟s B NP‟s human chain in in Manikganj. At least 10 activists of the BNP, Chhatra Dal and Juba Dal were injured in police action when they tried to form a human chain in front of the central mosque in Jaipurhat .( The Daily New Age, 8 th July, 2010)
Barriers on holding meetings/procession
Government is adamant not to hold and demolish all the meetings and processions. Previous photographs and reports are the glaring examples of this.
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Section -4 HUMAN RIGHTS VIOLATION : INSTITUTIONAL MOVES
Human rights Commission The Government passed the bill of Human Rights Commission on july 9 2009. For selection procedure govt formed a body where are 6 out of 7 belongs to ruling party and only 1 from opposition. It means that much expected HRC will be subservient institution to Government will. the commission, under the bill, has also been toothless tiger. According to the bill it can only suggest punishment against those who has been proved guilty. There There is no activities even no comment on the violation of human rights rights by political government in last 16 days. Anti corruption Commission measures underway to curb it’s independence and area of functioning Abuse of Anti terrorism Law the government in a cabinet meeting on February 19 2009 approved Anti terrorism Bill to make it into law. No feedback was taken from any corner. In the bill the anti terrorism ordinance promulgated by military backed Care taker Government was redefined. The given definition was so wide and ambiguous that it provides enough room for misuse.
CONCLUSION Democracy cannot function effectively in the absence of good governance. Both are complimentary to each other. For good governance first required is good polity, responsive civil society, conscious and aware citizen. At a thorny time of extreme insecurity for Opposition leaders, activists and
workers, when full-throated canards and vitriolic diatribes laced with brazenly concocted stories against the leaders of the Opposition BNP and BJI within as well as outside parliament by the ruling Awami League (AL) leaders hang in the air ad infinitum, suddenly the nation experienced a pleasant surprise that rekindled people's fading faith in the virtues of human values again after a yawning gap of some 18 months. During the past one and a half year violations of fundamental human rights that has invited worldwide condemnation for closing down the Bengali daily Amar Desh and the private satellite TV network Channel One to suppress the voice of dissent. On the basis of a flimsy case government arrested the top BJI leaders and later on charged on some graft cases made the ill motive of the government clear to all. According to Swedish writer, politician and member of European Parliament, Cecilia Wikstrom, “Journalists are not safe from the attack from power corridors. Two newsp apers and a television channel have been shut down by the Government should come up to help those media houses survive.If there was any legal weakness, that could be solved in court. This is a bad sign that caused unemployment. That will definitely disturb the road to democracy.” (The Weekly Holiday, 2 2010, Anisur Rahman Human rights, tolerance and democracy
nd
July,
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Referring to police action at BNP standing Committee member Mirza Abbas home on hartal day former Law minister and a leading Awami League leader advocate Abdul Matin Khasru said he was shocked and ashamed of it as he saw the TV footage in news telecast. In fact RAB personnel carried out the violence inside his home destroying family artifacts and beating women including his old mother now over 75. Suranjit Sen Gupta also took exception to such brutalities when many other critics tend to equate the RAB action with that of the dreaded 'Rakhi Bahihi' which Sheikh Mujibur Rahman had set up in early 1970s to destroy the opposition JSD that time. But home minister advocate Sahara Khatun simply downplayed the RAB action saying she was not aware of it although all TV channels repeatedly showed the footage of the violence throughout the day. So, Awami League is becoming more alarmed and also more despotic. But will it be able to save the party at the end or end up only destroying business and investments, wonder analysts now watching the country's deteriorating political situation.
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