Law-Ordinance: What could be the consequences of the Compensation Ordinance?

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In independent Bangladesh, compensation was first given through the Bangladesh National Liberation Struggle (Compensation) Order issued on 28 February 1973. Its primary objective was to provide legal protection for the actions of freedom fighters and others involved on behalf of Bangladesh during the 1971 Liberation War. The order stated that no legal proceedings could be initiated against any person for actions taken between 1 March and 16 December 1971 and up to 28 February 1972 for the purpose of maintaining or restoring stability.

However, this extended period of reparations also included various actions taken after the victory achieved on 16 December. For example, in the last week of December, Sheikh Fazlul Haq Moni seized the office and press of the Urdu daily Pasban in Motijheel and later began publishing Banglar Bani from there – without any legal consequences. (Mohiuddin Ahmed, Prothom Alo, October 18, 2024)

During his time in power, Sheikh Mujibur Rahman provided reparations for the second time through the Jatiya Rakhi Bahini Ordinance, 1972, which established a paramilitary force to maintain law and order. In his book Bangladesh: A Legacy of Blood (1986), Anthony Mascarenhas stated that politically motivated killings had exceeded 2,000 by the end of 1973. (page 37)

Amid growing criticism of the Rakhi Bahini, an amendment to the ordinance was issued on 7 February 1974, giving the force the power to arrest any suspect without a warrant and declaring all its operations legal.

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