HC stays govt’s denial of FF status to 2,367

The High Court yesterday stayed for three months a government action that canceled the recognition of 2,367 members of a guerilla force as freedom fighters.

In response to a writ petition, the court also asked the government to explain in four weeks why its decision to cancel the gazette notification giving that recognition should not be declared illegal.

The petitioner, Pankaj Bhattacharya, a deputy commander of the guerilla force, said a special guerrilla force had been 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 HC bench of Justice Salma Masud Chowdhury and Justice Md Khasruzzaman came up with the order and rule after hearing the petition that challenged the legality of the decision.

The deputy commanders of the guerrilla force formally surrendered their arms to Bangabandhu at Dhaka National Stadium on January 30, 1972, the petition 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 guerrilla force were published in government notifications.

The petition also stated that the Ministry of Liberation War Affairs on July 22, 2013 published a gazette notification on the list of 2,367 guerrillas including Comrade Moni Singh and NAP President Prof Mozaffar Ahmed, two advisers to the then government in exile, as freedom fighters.

The government on October 29 last year cancelled the notification, it said.

Zahedul Bari, a lawyer for the petitioner, said the notification would remain in force till further HC order.