The High Court (HC) in a historic verdict on Thursday recognised 2,367 guerrilla members of NAP, Communist Party and Chhatra Union, who fought for Bangladesh during the Liberation War in 1971, as freedom fighters.
The court declared illegal the government decision that cancelled their recognition as freedom fighters on October 29, 2014 and ordered for giving proper status, dignity and facilities of the freedom fighters to them.
An HC bench comprising Justice Gobinda Chandra Tagore and Justice Abu Taher Md Saifur Rahman Rahman came up with the verdict disposing of a writ petition filed by Pankaj Bhattacharya, a deputy commander of the guerrilla force.
A special guerrilla force was formed with the leaders and activists of National Awami Party (NAP), Communist Party and Chhatra Union after Bangabandhu Sheikh Mujibur Rahman declared the independence of the country on March 26, 1971.
The deputy commanders of the guerrilla force formally surrendered their arms to Bangabandhu at Dhaka National Stadium on January 30, 1972, Tabarak Hossain, counsel for the writ petitioner, said.
The government in exile in 1971 and the government led by Bangabandhu had recognised the members of the guerrilla force as freedom fighters, it said, adding that the names of the members of the guerrilla force were published in government notifications.
On July 24, 2013, the Ministry of Liberation War Affairs published a gazette notification on the list of 2,367 guerrilla fighters, including Comrade Moni Singh and NAP President Prof Mozaffar Ahmed, as freedom fighters. The government on October 29, 2014 cancelled the gazette notification.
NAP president Pankaj Bhattacharya filed the writ petition challenging legality of the cancellation in 2014. On January 19, 2015, the HC issued a rule asking the government to explain why the cancellation would not be declared illegal and unlawful.
Senior lawyer Tabarak Hossain and Subrata Chowdhury moved the petition, while SM Rezaul Karim stood for the Jatiya Muktijoddha Council. Deputy Attorney General SM Nazmul Haque took part in the hearing for the state.
