DHAKA, 7 November 2004 — Former Bangladesh Army chief Muhammad Mustafizur Rahman yesterday challenged in the high court the government action taking away his rank of general.
Mustafiz was promoted to the rank of general from lieutenant general during the Awami League regime on the day he retired from service in December 2000.
The high court on a writ asked the government to explain in three weeks why the order of cancellation of Mustafiz’s rank of general should not be declared illegal.
The court bench comprising Justice M.A. Matin and Justice A.F.M. Abdur Rahman, however, refused to stay the cancellation order.
On Oct. 10, the government of Prime Minister Khaleda Zia had canceled his promotion on recommendation of the parliamentary standing committee on Defense Ministry. The order of cancellation said no post of general exists in the organogram of Bangladesh Army. The promotion had been given violating the rules and regulations of the army.
Mustafiz became controversial following his statement insinuating the army in grenade attacks on an Awami League rally in Dhaka city on Aug. 21 that left 22 people dead and more than 200 injured.
Advocate Abdul Baset Majumder appeared for the petitioner.
Immediate past Prime Minister Hasina Wajed brought back retiring Mustafiz, her close relative, to active military service after she assumed power in 1996 and made him chief of the Bangladesh Army setting an unprecedented example.
Never before in the history of any country of the world had a retiring armyman been brought back to active service and made the army chief, officials said.
“The promotion of Mustafiz as full general was also highly illegal as there is no such post in the military organogram,” they pointed out adding that he was the second in Bangladesh to get such a rank.
Earlier M.A.G. Osmani was given the rank of general for his unique contribution to the cause of Bangladesh’s independence in 1971 as he had served as the chief of the Bangladesh Liberation Army.
In another development, Justice Faisal Mahmud Fayezee, now being barred by the chief justice of the Supreme Court from sitting on the high court bench, plans to press contempt of court charge against some newspapers for carrying reports on allegations against him of tampering with marks certificate of his Ll. B degree.
Azmalul Hussain, a lawyer of the Supreme Court, is preparing a petition to be filed with the Supreme Court for drawing up proceedings against the newspapers, said sources close to him in Dhaka yesterday.
Hussain told newsmen that he is yet to decide to file the petition. He added that a deicison in the matter would be taken very soon.
