—Mahfuzur Rahman—

The interim government enlisted the Bangladesh Chhatra League (BCL) as a terrorist organisation under Section 18(1) of the Anti-Terrorism Act 2009 and proscribed it. The Ministry of Home Affairs took this decision on 23 October 2024. Earlier, the coordinators of the Anti-Discrimination Student Movement and the National Citizen Committee had given the government a dateline till October 24 to ban the Chhatra League. How strange! No matter how urgent or important the matter was, does it give any impression that there is a democratic system of governance or justice in the country?

Ironically, it was this Anti-Discrimination Student Movement that saved the country from the misrule of a fascist government nearly three months ago. The main message for the people, who then came out on the street, responding to the call of the students, was that the politics of discrimination would be eradicated from the country. A true democratic system will be established. The rule of law will be enforced bringing in accountability and transparency so that everyone remains equal in the eyes of the law.

Now with every passing day, people are getting more and more information about how much anarchy and misrule Awami League has introduced throughout the country in the last fifteen years. The country was looted. The people who raised their voices against were either murdered or disappeared or tortured. A culture of impunity was created in the country.

And everywhere a government-sponsored political cabal developed. Business and trade, and contracting of development work were all under their control. Banks were only used for looting and laundering money. The administration was partisanised, especially the police force was transformed into a criminal force. The party i.e. Awami League, Jubo League and Chhatra League was made a platform for criminals. The people of the party themselves not only availed of all the facilities but also committed crimes indiscriminately and continuously to secure those.

The opposition political parties came out to protest, but the government’s repression was so strong that the parties could not stand. As a result, political oppositions could not mount any meaningful resistance. The opposition also failed to come up with any demand which could create trust among the people. Therefore, people did not come down to the streets on their call. In general, people were fed up with politics.

However, things changed when the uncompromising students initiated its struggle, the common people started believing in them particularly when they remained steadfast in their demands and did not hesitate to sacrifice their lives heroically to uphold their cause. Eventually, the student-led populace defeated the dictatorial regime to such an extent that leaders of the government, including the Prime Minister, either fled the country or are still in hiding, fearing public outrage.

After the fall of the tyrant regime, the general public was so grateful to the students that when the students formed an interim government with the support of the military, the people supported it too. I am confident, their support is still there.

But the political support is always very volatile. It does not even take long to evaporate. We understand that the interim government is facing scores of challenges. It takes time to shake off 15 years of misery. The interim government, therefore, undertook to reform the state and the political system before returning to political continuity. The people are not impatient but support the initiative. Now, it is imperative that the interim government also behave democratically.

Banning the Chhatra League is just one example where the government has failed to demonstrate democratic behaviour. The government has the Anti-Terrorism Act in its hands. At other times, it would have been said how undemocratic this Act is. Therefore, I hope that this government will at least be cautious in using it. The day the students raised their demand, the government complied with it, and banned the Chhatra League! I am assuming, this process has been going on for some time. But can an organisation be banned when its manifesto does not contain anything to incite terrorism? The government referred to Section 18(1) of the Anti-Terrorist Act 2009, which states that the government may enlist or proscribe a person or entity, on reasonable ground, if such a person or entity is involved in terrorist activities.

In casual remarks, we are saying that the Chhatra League was associated with terrorist activities. It is true. But in legal narration, Chhatra League may not be involved in these activities as an organisation because there is no such directive in its manifesto. But, yes. Many Chhatra League leaders were involved in criminal activities, of which some were even terrorist activities too. It is important to bring them to book. Prohibiting organisations to the exclusion of individuals may, on the one hand, mitigate the individual’s guilt, while on the other, may put one at risk of prosecution merely being a member of that organisation.

Section 17 (d) ii of the same Act would have been rather relevant where it is said that any entity owned or controlled, directly or indirectly, by any enlisted or proscribed person. However, in that case, it would have been required to enlist the president and general secretary of BCL before enlisting the BCL. In addition, merely defining the word terrorism is also a crucial legal dilemma. If the Act is applied, it can be applied against the RAB or the Police as well!

I am saying all of these out of fear. We are ultra-fervent about everything. We only tend to believe in shortcuts in everything. We want to achieve everything at once. There is no tolerance in our culture. Therefore, the fear is that due to our over-enthusiasm, the criminals may get away. The fear is that our undemocratic behaviour may somehow help the criminals.

People can choose between good and bad. If someone has a different opinion, it should not be obstructed unless it is harmful to others. Interdiction should be done by logically following legal channels, giving the accused adequate opportunity for self-defence. We in no way want to expose ourselves in the same manner of unaccountability of the previous authoritarian regimes. There is a Frankenstein in each of us.

In the absence of common sense, Frankenstein will devour us. In 53 years, we have not proved ourselves capable of running a state. Today when people are supporting the interim government with the conviction of building a new Bangladesh and when the younger generation is coming forward to lead us, it is time for us to be optimistic. But we must not make mistakes at such a critical time. Students were the driving force behind the successful movement. They still have that hunger. While keeping this hunger intact, the interim government needs to be responsible as well.