মার্শাল ল সম্পর্কে বঙ্গবন্ধু
১৭ ফেব্রুয়ারি ১৯৫৬
করাচী
The constituent assembly of Pakistan:
Sheikh Mujibur Rahman: Sir, I support the amendments moved by my friend, Mr. Zahiruddin. He has discussed the history of Martial Law in the Punjab and the catastrophe that it caused in Punjab, and the dismissal of the Daultana Ministry. Sir, during the last 8 years of Pakistan’s existence we have seen that whenever people try to create public opinion in favour of their demands, it is indirectly threatened that martial law will come. Do not demand for food; otherwise martial law will come, do not demand anything otherwise martial law will come. During the last eight years we have seen how politicians are almost ousted from the political field and some service people come at the top of the administration. Some people are Marshal, Major-General and they directly or indirectly become Head of the State. Sir, once the tiger tastes human blood it will always try to taste the blood of the human being. That is the habit of the tiger. Similarly, Sir, those who get into power by any way, and if the people mobilise public opinion, then they try to retain the power and use the power of martial law. Sir, we are not asking for exclusion of martial law. The amendment of Mr. Zahiruddin is very clear. Mr. Zahiruddin wants that martial law should be applied when there is war or armed rebellion. We agree that if there is war or armed rebellion in the country, then Pakistan Government has the right to save the country by imposing martial law. But, Sir, when there is no such emergency, what right Government has got to curtail the civil liberties of the people by imposing martial law? Sir, we have seen during the last two or three years that when the Constituent Assembly was dissolved we were told that martial law will come and the right of Federal Court or Supreme Court will be suspended and that they will give Constitution to the country. This was all mentioned and they tried it, Sir, but because there was one democrat in the Cabinet, they failed to do it. They always try to keep their power by declaring martial law. Sir, they should not be given so much power except in case of war and rebellion.
Sir, I appeal to the Honourable Members on the Government side who are in power today and God knows when they will be ousted, to accept the amendment of Mr. Zahiruddin and do justice to the people. Martial law some times plays such a havoc in the country that history has not seen. We have already seen what happened in the Punjab. Sir, during the days of 92-A one person, who had gone from Karachi to administer, threatened that if you persist we will declare martial law. That was the position. If you address public meetings or say one word against 92-A, I will put martial law and fire. Sir, that was openly declared and those people are still in power. Sir, because there is a danger that if there are elections, these particular people may not be elected. Therefore they will say because they are going out, they should apply martial law and keep power in their hands. Therefore, Sir, I appeal to them to accept the amendment of my friend Mr. Zahiruddin, because it is for the betterment of the country and people as a whole.
(Mr. Chairman (Mr. Abdul Sattar): Motion moved.
“That after sub clause (9) of clause 199 of the Bill, the following new sub clause be added, namely: “(7) A Proclamation issued under clause (1) shall, if approved
by National Assembly, remain in force until it is revoked.”
Mr. Mahmud Ali: Mr. Chairman, Sir, During the last 8 years of independence, we have been tired of proclamations …. of the House.)
Sheikh Mujibur Rahman: Sir, I am supporting the amendment of my friend, Mr. Mahmud Ali. I want to draw the attention of the House through you to the proclamations and emergencies, how many times within eight years the Central Government have declared emergency and issued proclamations. We have seen how emergency is declared. One Ministry goes and another Ministry comes. The leaders here have so much used it that nowhere in the world it has been used so much. Sir, why use this vague word ‘internal disturbances’. We do not object if they have this power during war or rebellion in the country and use it for the safety of Pakistan, but what is the meaning of ‘internal disturbances’. The mover of the Bill has not clarified it. Sir, one day the people will rise. They know it. The democratic movement will grow and reactionary forces will have to vacate the chair.
Sir, how can we accept the vague words ‘internal disturbances’? If you put ‘war or rebellion’ we will accept, but if you say ‘internal disturbance’ we will oppose, and a day will come when we will go and oppose words and say everywhere that we do not to want to give power to one man, who may become a despot one day. Sir, the Prime Minister will be there; the Speaker will be there. They can call the National Assembly; they can discuss whether there is internal disturbance and if the Assembly feels they can request the President to daclare an emergency and issue a proclamation. Sir, take the example of East Bengal. I do not want to repeat it as I have said many times in this House. Everyone knows how emergency was declared on account of Adamjee Jute Mill and Provincial Government was suspended. What they do? The executive authority of the Federation shall extend to the giving of directions to a Province as to the manner in which the executive authority thereof is to be exercised. What does it mean? They will, sitting here in Karachi, govern East Pakistan in an emergency. This is our provincial autonomy; this is our self determination and this is the full provincial autonomy both of East and West Pakistan. This is the Federation which we are making; then why do you not have a unitary Government? You are giving power with the left hand and taking it back with the right hand. You are telling the people of Pakistan that you are giving them provincial autonomy. You have passed this Constitution and everywhere you have taken everything from the people of the Province. There is only one power there; and in the name of emergency and internal disturbances you are taking back this particular power also. Of course, you can say that in other countries of the world there is a provision like this, but in countries like the United Kingdom, which you wish to copy, they respect democracy and they respect the wishes of the people. Our leaders who were in power before and who are still in power, many of them do not respect the wishes of the people of Pakistan. Leave out the words ‘internal disturbance’ but if you do not do that then we must oppose it. That is my point of view. Under (b) of sub-clause (2) of clause 199 you are giving absolute powers to the executive authority of the Federation to govern the Provinces. It means that there is no provincial autonomy. They have taken everything back.
I request my honourable friend, Sardar Amir Azam Khan and the Honourable Foreign Minister that they should consider carefully whether the words ‘internal disturbance’ are not very vague. They should withdraw these words from this clause of the Bill.
With these few words I request the mover of the Bill to accept this amendment.
Reference:
Iqbal, S. (1997) Sheikh Mujib in Parliament (1955-58), p. 221-224, Dhaka, Agami Prakashani