সংবিধানের নামকরণ নিয়ে বঙ্গবন্ধুর ভাষণ
২১ জানুয়ারি ১৯৫৬
করাচী
The constituent assembly of Pakistan:
Sheikh Mujibur Rahman East Bengali Muslim): Mr. Deputy Speaker, Sir, my honourable friend, Mr. Farid Ahmad, has delivered a speech supporting the consideration of the Bill and opposing the motion of Mr. Abul Mansur Ahmad.
Sir, I want to say something about the Draft Constitution that has been laid before the House for consideration by the Honourable Mr. I.I. Chundrigar. Sir, this Draft Constitution is the embodiment of down right treachery and sheer bluff. It begins with the name of “Constitution for Islamic Republic of Pakistan”. Sir, we want to make an Islamic Republic of Pakistan. The name is already here. May I ask a question from my Nizam-i-Islam friends, particularly and from the members of the United Front, whether a non-Muslim can preside over the Constituent Assembly to frame an Islamic Constitution or not? Sir, I have respect for you. It is, I think and I feel, that my country has given a non-Muslim the responsibility for-a little while over this sovereign body and to frame a constitution for a over seven crores of the people of Pakistan, but we have started in the name of Allah, but, Sir, When we are going to make an Islamic Constitution I ask whether a non-Muslim who does not believe in Lailaha Illal-Lah Muhammadur Rasulallah, who does not believe in the last prophet of Allah, can preside over such a constitution-making body as ours? I know that I will get an answer from the Holy Quran or from the Sunnah or from the history of Islam or from the history of the Muslim Rule.
If they say, then I have nothing to say, but I think it is an insult to speak in this fashion, we are all Pakistanis. Call everybody, every citizen, a Pakistani, irrespective of whether he is a Muslim, Hindu, Sikh, Christian or a Buddhist. Pakistan is for Pakistanis. Pakistan has not been formed for the Muslims alone. My friend says: “We want to make a constitution for all the Muslims of the world “. All right, then, why are you not making a constitution for the 50 crores of Muslims of the entire world? You have the monopoly because we the Pakistanis are Muslims, but there are Muslims in India, Muslims in Indonesia, we have Muslims in Iraq, in Egypt and in Turkey and at other places. Muslims are not only in Pakistan. Then why should their constitution be confined to the Muslims of Pakistan alone, it should be for the Muslims of the world, as if you have a monopoly form Allah that you would make a constitution for the whole Muslim world? Why not make constitution for every other community in Pakistan, So that there should be two Houses – One for the Muslims and another for the minorities, – or say five or six Houses, for also Hindus, Christians, Buddhists, etc,. each having one House for themselves. But you are making an Islamic Constitution. My friend says: “Oh, Islam, but Islam means justice; Islam means equity; Islam means fairway; Islam means equal distribution of wealth among the people according to the needs of individual. My friend of the United Front says that they cannot. They want to bluff the people of Pakistan in the name of Islam. This is only a label and not the ideal. They have exploited the masses of Pakistan for the last seven or eight years in the name of Islam, in the name of Rasoolullah. If they are sincere and honest to Islam, let them give an Islamic constitution based on equity and justice where equal distribution of wealth is assured.
Sheikh Mujibur Rahman: I was speaking of the supposed Islamic Constitution. It is a label here and not the ideal that we cherish.
Sheikh Mujibur Rahman: You have seen the fundamental rights embodied in this draft Bill. I would like to draw your attention to the fact that every constitution of the world lays down provisions which forbid the government of the day to interfere with fundamental rights However, in the fundamental rights enumerated in our draft Constitution, we have a serious handicap….. They are subordinate to the whims of the government of the day. Today the Muslim League and the United Front party are in power but tomorrow some other party may assume the control of the executive power of the country and they may or that may not show respect to these fundamental rights because ample powers have been given to the government to violate these provisions of fundamental rights. Such a Government may curtail the rights of the people and restrict their liberty. All constitutions of democratic countries contain an inviolable provision whereby the government of the day cannot encroach on the fundamental rights of the inhabitants of that country. The fundamental rights are beyond the reach of the Government of the day. Let us examine all that we have provided in respect of fundamental rights: there will be freedom of assembly, association and all that, but these are made subject to such restrictions as may be imposed by the Government for “Public order”, There is that well-known plea: “in the interest of Pakistan”? Which can be utilized by the Government of the day what is the “interest of Pakistan”? And what is “public order”? We know what crimes they have committed on the plea of “interest of Pakistan” and “public order”: they have oppressed people; they have detained persons and they have utilized people for corruption, nepotism and bribery on the excuse of “public order”. They have used these pleas to suppress their political opponents. By way of illustration I draw your attention to clause 9 of the draft Bill: “Every Citizen shall have the right to assemble peacefully and without arms, subject to any restrictions imposed by law in the interest of public order”. If every citizen, I ask, has a right to assemble without arms, how can there be any apprehension of violation of public order? All the generous provisions of fundamental rights have the appendage of “public order” and the interest of Pakistan”, these provisions show the tendency of the framers of the draft Constitution. Wherever they are giving a right to the people by one clause you will find a corresponding provision by which they take back all they give. That is very interesting. Mr. Deputy Speaker, you must have read many Constitutions but I am sure you would not have come across such a thing.
We would like to remind the Honourable Member of the House through you of the provisions of Quran and Sunnah in relation to justice: nobody will be sent to hell without trial. If I have committed a sin, I will be sent to hell- after proper trial. If I have done good, I shall be sent to heaven-after trial. Let us see what this “Islamic Constitution” provides: anybody can be detained without trial “in the interest of public order and Pakistan. Sir, there are courts; there are laws in force and if anybody is to be punished he must be punished after proper trial. We have already noticed that during the last seven years members of this august House have been detained without trial. An Honourable Member of this house goes to East Bengal and he is detained under Public Safety Act-“in the interest of Pakistan”. You should not ignore the basic fact that an Honourable member of this house represents ten lakhs of people. Mr. Farid Ahmed cannot refute this. I have got documents in my possession to support my point. Then take the case of Mr. Abdus Samad, M. L. A., Kh. Azizur Rahman. M. L. A. Abdul Mannan and others. In this way, Sir, the Baluchistan leader, Mr. Abdus Samad, has been arrested under the Frontier Crimes Act. He is “Anti-Pakistani” because he has gone against the One-Unit scheme.
I had no intention of referring to the 21-Point programme but for the reference made to it by Mr. Farid Ahmad. He said that was an election manifesto and you cannot talk of Constitution at the time of provincial elections. I say, you have to do it. You can give a thesis to the people so that they understand things; you can give them some points. I challenge him now. Unfortunately he has been defeated in the District Board as well. He said that people have not voted for 21-point programme. You should know that 3,000 people of East Bengal have suffered because they were anxious to give this provision in the manifesto that nobody will be detained without trial; there will be no Safety Act. I say that if anybody is against Pakistan, produce him before a court. If you adopt this approach I can assure that everybody will support you. What you intend to do put the political rival in the jail!
Reference:
Iqbal, S. (1997) Sheikh Mujib in Parliament (1955-58), p. 105-131, Dhaka, Agami Prakashani