In a historic landmark ruling, SC judges A.H.M Shamsuddin Choudhury and Sheikh M. Zakir Hossain declared that martial law, involving the usurpation of legitimate power by means of force backed by guns, was constitutionally “unacceptable” in Bangladesh. The activities of army-backed pro-Pakistani regimes in Bangladesh, headed by former Presidents Ziaur Rahman and H.M. Ershad, were scathingly condemned. The ruling dispensation was instructed to ensure suitable punishment for those involved with these regimes, if alive.

It may be recalled that the Awami league led by Mrs Hasina Wazed, had insisted on an official apology from Pakistan for the genocide in Bangladesh during 1970-71, when an estimated three million people were killed during an army crackdown. This, according to the League which is now ruling Bangladesh was critically important , if friendly relations were to be resumed with Pakistan/ Much to the dismay of the majority of Bangladeshis, Pakistan has refused to make any apology towards its now liberated, distant Eastern neighbour, while agreeing that what had occurred during the period in question was “regrettable”. It is clear that for the ruling Awami league, the issue remains sensitive, involving issues related to the national pride of a nation. Thus, closer political ties with Pakistan may not materialise any time soon.

This fallout may hurt Pakistan more than Bangladesh. Being next only to India within the SAARC and other major South Asian groupings, Pakistan has been actively seeking to increase its area of influence among regional neighbours to offset growing Indian clout. A lukewarm Bangladesh, a major Muslim country with a large population, may turn into its counter-weight from a potential ally, because of its stand on the apology demand, according to Kolkata-based analysts. This can only mean a reduced influence for Pakistan in South Asia as a whole.

As things stand, the ruling Awami league generally co-operates with India on a variety of issues, from water sharing, regional law and order to transshipment rights and joint economic development. Significantly, none of the former army rulers like Ziaur Rahman, who made an abortive effort by force to obliterate the very memory of late Sheikh Mujubur Rahman from post 1975 Bangladesh, or H.M. Ershad, had ever called upon Pakistan to make any concession to wounded Bengali sentiments for the biggest genocide of South Asia. Neither did the Bangladesh nationalist party (BNP) led by Zia’s widow, Khaleda, which ruled Bangladesh in alliance with the fundamentalist Jamat-e-Islami.

The Supreme Court gave its verdict on a petition filed by Mr, Siddiqur Rahman, challenging the orders given by a martial law court in dealing with allegation of murder against him in 1986. The SC declared the martial court judgment null, but issued no fresh orders on the murder charge. (IPA)