Proclaimer controversy of Bangladeshi Independence

Since the establishment, Bengali-majority of Pakistan wanted a full autonomous and cultural status, which resulted a rise of nationalist and pro-democratic movements in the country. Awami League, established in 1949, became the leading and representative party of the Bengalis in Pakistan. In 1970 Pakistani general election, the League won absolute victory and emerged as the largest political party in the country, but junta government of Yahya Khan refused to transfer power for its pro-Bengali and secular stance. On 1 March 1971, Bangabandhu Sheikh Mujibur Rahman, then president of Awami League, declared civil disobedience movement in East Pakistan. On 7 March 1971, Bangabandhu delivered his historic speech, concluded with, "The struggle this time, is a struggle for our liberty. The struggle this time, is a struggle for our independence. Joy Bangla!"[8][9] It's widely considered as the de facto declaration of Bangladeshi independence.[10]

On 25 March 1971, Pakistani forces conducted Operation Searchlight in the city of Dacca and killed thousands of unarmed people at midnight. Bangabandhu was arrested that night, nearly at 1.30 am of 26 March, and was secretly taken away to West Pakistan. Before his arrest, Bangabandhu officially declared the independence at 12.20 am on 26 March from his house at Dhanmondi:[11][12]

"This may be my last message, from today Bangladesh is independent. I call upon the people of Bangladesh wherever you might be and with whatever you have, to resist the army of occupation to the last. Your fight must go on until the last soldier of the Pakistan occupation army is expelled from the soil of Bangladesh and final victory is achieved."[13]

Another declaration reportedly to be sent that time:

"To-day Bangladesh is a sovereign and independent state. On Thursday night West Pakistani armed forces suddenly attacked the police barracks at Rajarbagh and the EPR Headquarters at Peelkhana in Dacca. Many innocent and unarmed people have been killed in Dacca city and other places of Bangladesh. Violent clashes between the East Pakistan Rifles and Police on the one hand and the armed forces off Pindi on the other, are going on. The Bengalis are fighting the enemy with great courage for an independent Bangladesh. Resist the treacherous enemy in every corner of Bangladesh. May God aid us in our fight for freedom. Joy Bangla"

Mujib's telegram was widely reported on radio on 26 March 1971. M. A. Hannan, secretary of the Awami League in Chittagong, read out the statement in Bengali at 2.30 pm and 7.40 pm from a radio station in Chittagong. The text of the Hannan's broadcast stated the following:

"Today Bangladesh is a sovereign and independent country. On Thursday night [March 25, 1971], West Pakistan armed forces suddenly attacked the police barracks at Razarbagh and the EPR headquarters at Pilkhana in Dhaka. Many innocent and unarmed have been killed in Dhaka city and other places of Bangladesh. Violent clashes between EPR and police on the one hand and the armed forces of Pakistan on the other are going on. The Bengalis are fighting the enemy with great courage for an independent Bangladesh. May Allah aid us in our fight for freedom. Joy Bangla."[14]

On 27 March 1971, Major Ziaur Rahman broadcast Mujib's message.[15][16] Zia's message stated the following:

"This is Swadhin Bangla Betar Kendra. I, Major Ziaur Rahman, on behalf of Bangabandhu Sheikh Mujibur Rahman, hereby declare that the independent People's Republic of Bangladesh has been established. I call upon all Bengalis to rise against the attack by the West Pakistani Army. We shall fight to the last to free our motherland. By the grace of Allah, victory is ours."[17]

On 10 April 1971, the constituent assembly of the Provisional Government of Bangladesh ratified Bangabandhu's proclamation of independence:[18]

"...Whereas in the facts and circumstances of such treacherous conduct Bangabandhu Sheikh Mujibur Rahman, the undisputed leader of the 75 million people of Bangladesh, in due fulfillment of the legitimate right of self-determination of the people of Bangladesh, duly made a declaration of independence at Dacca on 26 March 1971, and urged the people of Bangladesh to defend the honour and integrity of Bangladesh,..."[19]

United States documents

Left to right: Henry Kissinger, Richard Nixon, Gerald Ford and Alexander Haig

According to South Asian crisis, 1971, a secret document published by the United States Department of State covering the Indo-Pakistan affairs that time, United States was observing the situations of Pakistan from March 1971. On 26 March 1971, just after the Operation Searchlight, US president Richard Nixon called an emergency meeting with then US Secretary of State Henry Kissinger, the Special Action Group Washington, the National Security Committee, and the CIA representatives at the White House, where it was said to have declared the independence of East Pakistan.[20] Richard Helms, Director of the CIA, said on that meeting:

"Yes, an agreement appeared near on March 24. The breakdown may have been because of Mujibur Rahman's insistence on the immediate lifting of martial law. A clandestine radio broadcast has Mujibur Rahman declaring the independence of Bangla Desh. There are 20,000 loyal West Pakistani troops in East Pakistan. There are also 5,000 East Pakistani regulars and 13,000 East Pakistani paramilitary troops, but their loyalty is doubtful...."[21]

Bangladesh Nationalist Party strongly claimed Ziaur Rahman as the proclaimer of independence. The third volume of Bangladesh Independence War: Documents, published in 1978, recognized Zia as the proclaimer.[4] Even some of the BNP leaders openly denounced Bangabandhu as the false proclamer during Khaleda Zia’s premiership.

The controversy, lasted nearly two decades, led the country to a political and an ideological crisis. When a different party comes to power, they change the history books of Bangladesh to either prefer Sheikh Mujibur Rahman or Ziaur Rahman.[22]

However, some minor controversies also involve around the broadcasting of the proclamation. According to A. K. Khandker Bir Uttom, a military officer during the liberation war and former planning minister of Bangladesh, on 26 March, a technician at Swadhin Bangla Betar Kendra read out the proclamation of independence first over the radio.[23] According to Abdullah Abu Sayeed, Ekushey Padak Medalist Swadhin Bangla Betar Kendra artist Abul Kashem Sandwip also read the proclamation before Ziaur Rahman.[24]

In 2010, the third volume of Bangladesh Independence War: Documents, published presenting Ziaur Rahman as the proclaimer, was declared null and void by the Supreme Court, and the volume was ordered to be confiscated and withdrawn from all places in the country and abroad. Directions given by the High Court Division:[4]

"Those involved in such distortion of history have violated the Constitution. The government can take punitive action against the verification committee who created the distorted history on charges of fraud and violation of the constitution."