Indemnity Act, Bangladesh
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The Indemnity Ordinance, 1975 was a controversial law enacted by the
martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Martia ...
regime of Bangladesh on 26 September 1975. It provided legal immunity to all persons involved in the
assassination of Sheikh Mujibur Rahman The first president of Bangladesh, Sheikh Mujibur Rahman, and most of his family were killed during the early hours of 15 August 1975 by a group of young Bangladesh Army personnel who invaded his Dhanmondi 32 residence as part of a coup d ...
, who was killed with most of his family on 15 August 1975. Immunity meant the assassins were immune from any legal action. The surviving family members of Sheikh Mujibur Rahman were unable to file a murder case against the assassins due to this law. The ordinance was converted into an
Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliame ...
by the
Bangladesh Nationalist Party The Bangladesh Nationalist Party ( bn, বাংলাদেশ জাতীয়তাবাদী দল, Bangladesh Jātīyotābādī Dol; BNP) is a centre-right to right-wing nationalist, political party in Bangladesh and one of the major ...
on 9 July 1979 through the Indemnity Act, 1979. When the
Awami League In Urdu language, Awami is the adjectival form for '' Awam'', the Urdu language word for common people. The adjective appears in the following proper names: *Awami Colony, a neighbourhood of Landhi Town in Karachi, Sindh, Pakistan *Awami Front, wa ...
led by Sheikh Mujib's surviving daughter
Sheikh Hasina Sheikh Hasina Wazed (''née'' Sheikh Hasina ; ; bn, শেখ হাসিনা ওয়াজেদ, Shēkh Hasinā, , born 28 September 1947) is a Bangladeshi politician who has served as the Prime Minister of Bangladesh since January 2 ...
was elected to power in 1996, the law was repealed through the Indemnity (Repeal) Act, 1996.


Provisions

Published in an Extraordinary ''
Bangladesh Gazette ''The Bangladesh Gazette'' () is the official gazette of the Government of the People's Republic of Bangladesh published from Dhaka, Bangladesh. History The gazette traces its origin to the ''Dhaka gazette'' which was published on 15 August 1947 ...
'', the main purpose of the ordinance was described as being:-
to restrict the taking of any legal or other proceedings in respect of certain acts or things done in connection with, or in preparation execution of any plan for, or steps necessitating, the historical change and the proclamation of Martial Law on the morning of the 15th August, 1975. Whereas it is expedient to restrict the taking of any legal or other proceedings in respect of certain acts 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 15th August, 1975.


Legacy

Due to the indemnity law, most of the assassins continued live freely in Bangladesh without any legal repercussions for their actions. Some were even appointed as diplomats of the Bangladeshi government. Two of the assassins, including
Colonel Colonel (abbreviated as Col., Col or COL) is a senior military officer rank used in many countries. It is also used in some police forces and paramilitary organizations. In the 17th, 18th and 19th centuries, a colonel was typically in charge ...
s
Khandaker Abdur Rashid Khandaker Abdur Rashid is a Bangladesh Army officer and a fugitive assassin of the first president of Bangladesh, Sheikh Mujib. Biography Khandaker Abdur Rashid was born on 1946 in the district of Comilla, in British India. He served in the Paki ...
and
Syed Faruque Rahman Syed Faruque Rahman (died 28 January 2010) was a coup member involved in toppling the Sheikh Mujib regime in Bangladesh. He was convicted and hanged on 28 January 2010 along with co-conspirators Sultan Shahriar Rashid Khan, A.K.M. Mohiuddin Ahm ...
, admitted to killing Sheikh Mujib in TV interviews. The self-confessed assassins regularly traveled abroad. By the time of the law's repeal in 1996, most of them were absconding abroad and became fugitives from the law. As of 2022, many of the assassins continue to be fugitives, including Colonel Rashid. This indemnity law has been described as "the darkest law in the history of Bangladesh". According to
Mahfuz Anam Mahfuz (or Mohammed) (Harari language, Harari: መሕፉዝ, ar, محفوظ; died July 1517) was a Harari people, Harari Garad, Emir of Harar and Governor of Zeila in the Adal Sultanate. Life and reign Mahfuz led raids into the provinces of Et ...
, "In independent Bangladesh, the first unfortunate entry of military into politics was the dastardly murder of Bangabandhu along with his family (save two daughters) by a section of army officers and troops. This was followed by the killing of four national leaders in the jail, coming of power of Gen Ziaur Rahman, his shameful act of indemnifying Bangabandhu's killers and the subsequent tragedy of his killing by another section of the armed forces. None of these brought any credit to our army and contributed in making them more and more controversial and their intervention into politics hated by the people in general".


See also

*
Military coups in Bangladesh Bangladesh has undergone several changes of government since its independence. Between the first recorded uprising in August of 1975 and the last known attempt in December of 2011, Bangladesh has been through as many as 29 military Coups. 1975 co ...


References

{{Reflist History of Bangladesh (1971–present) Politics of Bangladesh Political repression in Bangladesh Repealed Bangladeshi legislation Assassination of Sheikh Mujibur Rahman