HC scraps law giving indemnity for ‘Operation Clean Heart’

The High Court has dubbed as ‘illegal’ a law providing indemnity to those involved in the three-month ‘Operation Clean Heart’ during the BNP-Jamaat-e-Islami’s 2001-06 stint in office.

The High Court says the law providing indemnity to security force personnel violates the provisions of the Constitution.

The bench of Justice Moyeenul Islam Chowdhury and Justice Ashraful Kamal also ordered on Sunday to allow those affected by the actions of the security forces to file civil and criminal cases and also move the High Court if needed.

Soon after the BNP-Jamaat coalition government took office, the military ran 'Operation Clean Heart' from Oct 16, 2002 to Jan 9, 2003 to 'restore' law and order.

Many people died during the operation that the authorities claimed were due to 'heart attacks' but rights groups described them as 'extra-judicial executions'.

The BNP-led coalition government claimed the operation was conducted to check terrorism, while the opposition Awami League alleged it was to annihilate the opposition leaders and supporters.

According to New York-based Human Rights Watch, 60 people were killed during the operation. The government admitted that 12 of the detained people died of 'heart attack'.

On Feb 24, 2003, the BNP-Jamaat government passed a law, providing indemnity to the military officials who took part in the special operation.

Supreme Court lawyer Z I Khan Panna challenged the petition on Jun 14, 2012. 

On Jul 29, High Court ruled asking government to explain why the indemnity would not be declared ‘illegal’ and ‘conflicting’ with the constitution.

The bench of justices Mirza Hussain Haider and Kazi Mohammad Ejarul Haque Akondo also demanded to know why a Tk 1 billion fund will not be raised to compensate those harmed during the operation.

Top bureaucrats of the law, home and defence ministries, the Army Headquarter's Commander-in-Chief of the Armed Forces and Inspector General of Police were asked to reply to the rule.

The court after a hearing on Aug 31, set the date for the verdict.

The petitioner’s argument was that Bangladesh has signed the international convention forbidding torture in 1998. Section 14 of the law provides for raising a fund to compensate anyone harmed by government forces.

But the indemnity law says that anyone harmed during the operation cannot seek justice; No cases or petitions can be filed against anyone involved, which violates the Constitution.