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Tuesday, November 24, 2009 03:38 AM GMT+06:00  
 
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Banning Underground Groups

The move to ban 13 splinter groups of underground communists taken by the caretaker government is shelved, although the police headquarters strongly recommended it last year.

The police headquarters made the proposal in August last year to ban the left-leaning underground parties identifying those as outfits engaged in anti-state activities.

The proposal came following recommendations from different intelligence agencies in a bid to ensure that outlaws cannot slip through legal loopholes and their patrons are brought to book.

The home ministry held a number of meetings on the issue soon after receiving the proposal and the police high-ups welcomed the move taken for the first time since independence.

But the ministry suddenly became inactive and there are no activities by it in this regard since holding the meetings.

A senior official at the police HQ said, "As far as my knowledge goes, the present government sits idle on the proposal. It is just gathering dust at the home ministry."

The government has already banned five Islamist militant outfits -- Shahadat-e Al Hikma, Jama'atul Mujahideen Bangladesh, Jagrata Muslim Janata Bangladesh, Harkatul Jihad Al Islami and Hizb ut-Tahrir. But no underground parties have so far come under the ban.

Law enforcers believe not only outlaws but also their patrons would be brought to book under the Anti-Terrorism Act, 2009 once the government bans the parties.

Under section 18 of the Act, if anyone only becomes member of a banned organisation or claims to be a member, they will be handed down a prison term of up to six months or a fine, or both.

Even anyone supporting a banned organisation or asking anyone to support it or organise or conduct a rally for it, help to organise it or address it will also commit a crime.

Moreover, if anyone addresses any such rally or telecasts or broadcasts information on radio and television or prints information to make any banned organisation active or seek its support will also commit an offence.

If anyone is found guilty of these offences, they will be sentenced to imprisonment for no less than two years and no more than seven years and may also be fined as well.

The Act states that if anyone other than parents, spouse, sons and daughters gives shelter to any offender knowing their identities, they will also suffer jail terms.

"The government has to ban the underground parties to extract the best possible results of the Anti-Terrorism Act, 2009," observes a senior law enforcer.

"Many outlaws now slip through legal loopholes unless we arrest them with any firearms or explosives. We know for sure that they are outlaws, but sometimes we cannot prove it in the court," says a top official of elite Rapid Action Battalion.

The officials demand enactment of Evidence (Amendment) Ordinance, 2007 that would replace or amend relevant sections of the Evidence Act, 1872.

They say once the ordinance is enacted as a law, biometric and electronic evidence will be admissible in a court of law and then the record of telephonic conversations between the leaders of any banned organisations and their political patrons can be submitted as evidence.

Currently, the courts in the country are not bound by the laws to accept biometric and electronic records as evidence.

Thirteen underground parties active in the country are Purba Banglar Communist Party (PBCP M-L), PBCP-( M-L Janajuddha), PBCP (M-L Red Flag) and PBCP (M-L Communist War), Biplabi Communist Party (BCP), New Biplabi Communist Party (NBCP), Gono Bahini (GB), Gono Mukti Fouz (GMF), Banglar Communist Party, Socialist Party (SP), Biplabi Anuragi, Chhinnamul Communist Party (CCP) and Sarbahara People's March.

Back in 1964, the communists were divided into two blocks -- the Soviet and the Peking blocks. Most of the pro-Peking block leaders and activists became controversial due to their anti-liberation role as they launched a drive to eliminate freedom fighters.

After independence, the pro-Chinese communist leaders operated as underground groups with the ideology of revolution through an armed struggle.

But the field-level underground groups started deviating from their political ideology as the leftist leaders of open politics gradually withdrew their support from them.

The frustrated underground groups eventually turned into absolute criminal organisations. These groups later divided into several factions and even now their split continues due to intra-group rivalries over establishing supremacy.

In the name of so-called revolutionary agenda of capturing state power through armed struggles, these groups have killed hundreds of people including law enforcers and robbed a number of police stations to be reinforced by government arms and ammunition.