Kalpana Chakma: A revolutionary woman and institutional impunity in Bangladesh

Sanjoy Kumar Barua

Kali Charan Chakma alias Kalindi, still haunted by the last word of her sister, “Dada! (Brother!)”, relentlessly has been fighting for the last 28 years in the pursuit of justice for his beloved sister Kalpana Chakma, who was abducted from her home on 12 June 1996, allegedly by the military in Chittagong Hill Tracts (CHT), Bangladesh.

“That night, the army cordoned our house. After some time they broke the door of the house and entered. Later they forcefully picked up my sister Kalpana, my younger brother Lal Bihari and also me.” said Kalindi.

“We recognize three people including Lt. Ferdous Kaiser Khan of Kojoichhari army camp in Rangamati. After going some distance they were saying shoot, shoot. There was a Beel (wetland). My brother and I jumped to the Beel and saved our lives. Even if we both escaped, Kalpana couldn’t manage. After a while I heard her last moaning word, Dada! (Brother!).”

The two others, we recognized at that night were Village Defence Party (VDP) men Nurul Haq and Saleh Ahmed of Ugolchhari Muslim Para, our neighbouring village.

The police failed to identify any abductors till April 23 this year when a Rangamati judicial magistrate’s court accepted the final report in the much talked Kalpana abduction case.

The court also rejected a Naraji (no-confidence) petition filed by the victim’s family challenging the police report, submitted in September 2016.

“Kalpana Chakma’s brother witnessed the incident. He knows everyone who is involved with it. He specifically said everyone’s name. But the police couldn’t find them! The court ordered the statement of the accused under close observation. But the police did not do that”, said the plaintiff’s lawyer Jwel Dewan.

“Around 15 days before the abduction of Kalpana, seven houses of Chakma community in our area were burnt to ashes led by army officer Ferdous following an allegation of missing a settler Bangalee of Ugolchhari Muslim Para”, said Kalindi recollecting, “When Kalpana protested blaming the army for the incident, Ferdous and the settlers of the area became very angry with her.”

Kalindi filed a case regarding her sister’s kidnapping with Baghaichhari Police Station on June 12, 1996. The government on September the same year formed a three-member judicial enquiry committee.

The committee interviewed 94 people including the alleged prime suspect Ferdous Kaiser Khan but the probe committee report submitted to home ministry was never made public.

On May 21, 2010, police submitted the final report of the case without any conclusive remarks on Kalpana’s abductors and whereabouts.

Kalpana’s brother rejected the report. Later, the court sent it to the Criminal Investigation Department (CID) for further probe and the CID submitted a similar final report on September 26, 2012.

On January 16, 2013, the magistrate court of Rangamati handed over the case to the District Superintendent of Police (SP) of Rangamati for reinvestigation.

On July 20, 2014, SP Amena Begum submitted a progress report about the case and sought more time.

With the SPs transferred from the district, the case’s investigation officer also changed. It finally came to the hands of SP Sayed Tariqul Hassan. He took over the case as its 39th investigation officer.

He filed the latest final report on September 7, 2016. In November that year, Kalindi filed the “no-confidence” petition with court, rejecting the report.

Over the last few years, several hearings were held and finally on April 23, the court came up with order rejecting Kalindi’s Naraji (no-confidence) petition.

Kalindi alleged, “The police had intentionally dropped the name of the three accused off the original first information report and had harassed him and his family members to various forms in the name of interrogation and kept them under surveillance over the years.”

When contacted over phone, Saleh Ahmed one of the alleged criminal said, “At that night I was in an election duty with Lt. Ferdous. Nurul Haque was also from our village Ugolchhari. I was very younger then. I can’t remember everything. I never saw Kalpana. Please contact with Nurul. He can give you more details.”

After several times attempt Nurul Haque’s phone was found switched off.

In a statement, The CHT commission said, this ruling not only emphasizes the entrenched culture of impunity within the CHT but also exposes the systemic protection granted to alleged perpetrators, especially when they are military personnel.

Instead of being held accountable, one of the alleged perpetrators, Lieutenant Ferdous, was even promoted to Major after the incident and subsequently served in the UN Peacekeeping Operations, it reads.

The CHT Commission unequivocally condemns this miscarriage of justice and views it as a severe blow to the already fragile trust in the justice system within the CHT region.

In accordance with articles 3 and 9(1) of the International Covenant on Civil and Political Rights, as well as article 1 of the United Nations Declaration on the Elimination of Violence against Women, Bangladesh bears a solemn obligation to pursue justice for Kalpana Chakma.

However, beyond mere legal obligations, the pursuit of justice for Kalpana Chakma stands as a profound moral imperative, essential for fostering confidence among the indigenous peoples of CHT not only in the justice system but also in the government and the state itself.

The unresolved case of Kalpana Chakma represents more than just a failure of the legal system; it is a stark reminder of the broader challenges faced by the indigenous peoples of CHT, in seeking accountability and redress for human rights violations.

Kalpana’sabduction highlights the vulnerability of indigenous women and the need for greater protection and security measures in the hills.

The Chittagong Hill Tracts Peace Accord, signed a year after Kalpana’s disappearance, aimed to bring peace and autonomy to the region.

However, the accord’s full implementation remains elusive, with indigenous communities who are continuously facing land grabbing, eviction, and extrajudicial killings.

The dismissal of Kalpana’s case proves the institutional impunity that civil and military administrations enjoy in CHT.

“We still want justice for our beloved sister who was abducted by the identified criminals. Why are we not getting justice? No matter what happens with her, no matter how long it takes we still want to know and seeking justice”, Kalindi weeping.