Denial of history and conspiracy against Constitution

Many days back, perhaps in January last, I hinted that during military regimes our Constitution encountered many changes and finally ended up in a state which was far from the goal and aspirations of the people as it was set by the Constituent Assembly in 1972. The military rulers sometime with their uniform as well as gun and sometime from behind the scene molested the Constitution, the supreme will of the people. Molestation of the Constitution took place during the first military regime in such a way that within two years after the brutal killing of Sheikh Mujibur Rahman in 1975 we lost our identity, dream and hope. The mistake of 1948 that religion cannot be the basis of constituting a state was denied again and Bangladesh turned gradually to a state which held all characteristics that an Islamic state does.
The assassins and their supporters changed all the basic pillars of the Constitution over the time which was settled in 1972.  Many try to put that there was no alternative in hand but to change the regime due to mismanagement and lack of rule of law. I would simply ask a question; then why the Constitution? The style and motive of changes in the Constitution does not substantiate the claim that the military dictators came to reinstate law and order in the society in good faith. Actually, it was the old fight between two forces, i.e., pro-Pakistani and Nationalist and the latter lost before the point of gun. Consequently, in one fine morning we discovered that we became Bangladeshi from Bangalee, secularism replaced by religious fundamentalism, democracy replaced by autocracy and whim of a gunman became the law of the land.
Khandaker Moshtaque Ahmed, Justice Abusadat Mohammad Sayem and Major General Ziaur Rahman, one may consider, were the major players of this game. After the assassination of Bangabandhu Sheikh Mujibur Rahman at the late night of 14 August 1975 the country went under completely anarchy. It is the 20 August when the nation first came to know who were behind the scene.
The first Proclamation was issued in that day signed by Khandkar Moshtaque Ahmed, declaring himself as President and source of law of the republic (though this proclamation has not been included in the Constitution). Moshtaque himself gave all powers to him: 'I have taken all powers of the Government of the Peoples' Republic of Bangladesh”, he declared. The country was placed under the military regulations and proclamations. Constitution took the back seat though not suspended.
Moshtaque, though very short lived, played an illuminating role in this situation. He was withdrawn and replaced by Justice Abusadat Mohammad Sayem.  The latter issued the Second Proclamation on 8 November 1975 after one day of his entering upon office of the President. Major Ziaur Raman first appeared in this game through this Proclamation. He was appointed as one of the Deputy Chief Martial Law Administrators (DCMLA). Military regime was continued by showing excuses like interest of security, prosperity and development. Chief Martial Law Administrator (CMLA) was authorised to promulgate Martial Law Regulations and Orders. For time being, Abusadat himself assumed the office of CMLA.
One of the few changes which the second Proclamation was brought in the Constitution was that the duration of the Ordinance was made indefinite. Moreover, provisions for national party were omitted. It is noteworthy that Moshtaque did not dissolve the Parliament by first Proclamation. Therefore, military regime and democracy was continuing together. Abusadat did not carry that wrong. He therefore dissolved the Parliament and assured that before the end of February 1977 election of Members of Parliament will be held.
Abusadat then cancelled the trial of war criminals by promulgating the Bangladesh Collaborators (Special Tribunals) (Repeal) Ordinance 1975 which repealed the presidential Order called 'Bangladesh Collaborators (Special Tribunals) Order, 1972. As the Order was repealed all trials or order of prosecution pending immediately before such repeal before any tribunal, Magistrate or Court and all investigations or other proceedings was abated. This was not the end. In order to facilitate the accused war criminals to establish in the society article 66 and 122 was amended by the Second Proclamation (Third Amendment) Order, 1975. In these two articles conviction for war crime was made one of the disqualifications not only to be a voter but also to be a Member of Parliament (MP). As a result, amendment of these two articles in the Constitution helped the convicted and accused war criminals to settle in the society politically.
It is 29 November 1976 Major General Ziaur Rahman appeared as a striker to finish this situation. He was appointed as Chief Martial Law Administrator (CMLA), in the language of the third Proclamation 'for national interest'. This brief Proclamation which contains only three paragraphs entrusted Ziaur Rahman such power which only a few dictators may enjoy. Besides authority to promulgate Military Regulations he was empowered, in the words of the third Proclamation 'to do any other act or thing or to take any other action as he deems necessary in the national interest or for the enforcement of Martial Law'.
Ziaur Rahman became President sometime before 23 April, just after four months of his appointment as CMLA. Being President and CMLA he unsettled, one may say, our identity, history and democracy by the Proclamations (Amendment) Order 1977. We became Bangladeshi from Bangalee. One of the basic pillars of the Constitution called 'secularism' was totally separated from the Constitution. Instead, a new clause 'the principle of absolute trust and faith in the Almighty Allah shall constitute the fundamental principles of the state policy' had been inserted in the Constitution.  In addition, the words 'Bismillah-ar-Rahman-ar-Rahim' had been added in the beginning of the Constitution. Perhaps to become a war hero the long struggle for liberation was denied by inserting the words 'in the war of national independence' in the place of 'historic struggle for liberation' in the preamble of the Constitution. Peoples' participation in all administrative levels through their elected representatives, which is one of the basic conditions to make democracy functional, was denied by omitting article 11 of the Constitution. Judges of the Supreme Court were made accountable to the Executive instead of the Parliament by introducing 'Supreme Judicial Council'. And finally all unconstitutional acts done; actions taken from 15 August 1975 were legitimised.
The irony of history perhaps is that it cannot be denied. One may make people fool for sometime but one cannot keep history aloof from people all the time. The role of a person in certain point of history may be determined if we analyse the facts carefully. Many say that it is Ziaur Rahman who brought the rule of law, democracy back. I would rather wish to put him in the position of a person,  that is responsible to unsettle our history and constitutionalism.  

The writer is Assistant Professor, Department of Law, Eastern University.