Saturday, January 21, 2012

Bangladesh Fast Moving Toward Great Disaster

Bangladesh is moving toward great disaster. On one hand, startling activities of the Awami League government has begun in the name of amending the constitution, and on the other the apex court is being made the judicial sister concern of the Awami League in cold-blood through well-drawn out plan. Such irregular incidents are being taken place in the apex court because of the order of the Awami government from the remote-controlled that have not been seen in the local and foreign judiciary in recent times. A person who was the president of Gopalganj unit of the Awami League for 18 years has been appointed the judge to the Appellate Division of the Supreme Court. His name is Shamsul Huda. As he is very close to the Awami League, therefore, Shamsul Huda has been appointed to the Appellate Division superseding 51 judges of the high court. In the same way, a judge of the high court named Mamtaj Uddin has been appointed to the Appellate Division superseding 47 judges.

According to the experienced, there is no precedence of such blatant suppression in the seven countries under the South Asian Association for Regional Cooperation (SAARC). The incident of violating seniority in appointing chief justice has been identified as the black stain of infamy. Before that A.B.M. Khairul Haque had been appointed the chief justice superseding two senior judges of the Appellate Division. Shah Mohammad Naimur Rahman and justice M.A. Matin were seniors to him. Feeling shame and humiliation Abdul Matin went on a long vacation and took the retirement while on leave. After the violation of seniority Shah Mohammad Naimur Rahman was the seniormost judge in the Appellate Division. Educated and concerned people thought that although the Awami League was not fair to him in the first turn, Sheikh Hasina would straight up her injustice and unfairness in the second turn. But after the retirement of Khairul Haque, Mozammel Hossain has been appointed the chief justice superseding Naimur Rahman again. In protest of this acute injustice and unfairness justice Naimur Rahman has resigned. This resignation protesting the violation of seniority in the apex court is unprecedented in the subcontinent.
Let God Save Judiciary
This is not said by the Weekly Sonar Bangla. This prayer has been uttered by Advocate Khandakar Mahbub Hossain, president of the Supreme Court Bar Association. He also said: "Justice Khairul Haque has murdered the judiciary in cold-blood". A huge anarchy has consumed the Supreme Court. Pro-Awami attorney general and pro-Awami minor part of the Bar Association have given reception to the two newly appointed judges superseding 51 and 47 judges. Thirty-five judges of the Hugh Court abstained from joining that reception. Chairs in the front row were vacant as they did not join. One of the senior justices Nazrul Islam was standing in the back row. Then, chief justice Khairul Haque requested him to sit-in the front row but he did not keep that request. With courtesy he said: "My Lord, Please forgive me." Such incident is also unprecedented in the high court or Supreme Court.
Elected Bar Association wanted to hold reception for the outgoing chief justice Khairul Haque. But M. Khairul Haque did not go to their reception. Then, the Bar Association held the "gayebana (offered in absence of anyone according to Islamic traditions) reception" in his absence. In giving speech in this gayebana reception Bar Association president Advocate Khandakar Mahbub Hossain said after taking the responsibility as the chief justice you have represented the Awami League in the last seven months. Justice Haque has destroyed the judiciary. At the same time he is saying good-bye putting the country in great disaster by destroying the constitution. We pray that the God save the judiciary from your destructive activities. Terming the chief justice ABM Khairul Haque as a cunning man of cold-blood president of the bar association also said the chief justice is a very gentle and kind man. At the same time he is cunning. Like killing people in cold-blood he has murdered the judiciary. Khandakar Mahbub Hossain said after the assumption of power by the Awami League not a single institution is out of politicization. The Appellate Division is also made the part of the Awami League. Being appointed as the guardian of the judiciary the chief justice Khairul Haque had represented the Awami League in his full tenure. After issuing verdict against the government in a bench of the high court he has written the nasty part of politicization by stripping off the power of that bench. Taken decisions in the executive council of the Awami League are being implemented through the Appellate Division. Taking the advantage of annulment of the Fifth Amendment Article 96 of the constitution has been reinstated. As a result, the judiciary has come under the government. The judiciary has faced the massive problem. For these reasons you have to seek forgiveness to the nation.
Judiciary and Administration Are on Verge of Ruining
Noted lawyer of Bangladesh Dr Kamal Hossain directly complained that the judiciary and administration are at the verge of ruining due to excessive politicization. People are not getting justice in the apex court. Daughter of Dr Kamal Hossain, Barrister Sarah Hossain, in a talk show of the television said that she is unable to understand why verdicts to some political cases are being given selectively. It is seen that in every verdict one side is getting satisfied while the other side is getting discontented. Indirectly indicating to Justice Khairul Haque Barrister Sarah Hossain said the way he is giving one-sided verdicts against the political cases, it seems he has not thought where he is pushing the country.
Double Standard in Declaring Verdict in Political Cases
Khairul Haque has declared verdicts to three outstandingly vital political lawsuits. These three lawsuits are: Fifth Amendment to the constitution, Seventh Amendment, and 13th Amendment. All three amendments are being annulled. If the amendments were annulled on the legal aspect fully then those would be discussed from different point of view. But, in fact, it is seen that in each of the three lawsuits the verdicts are given in such a way that in all the three verdicts it is the Awami League that becomes the benefactor unexpectedly and hugely. Although firmness has been shown externally on the question of legal aspect, if these three verdicts are reviewed then it is seen that Khairul Haque has left enough space for Awami League for maneuvering in all the verdicts. The main theme of the annulment of Fifth Amendment was that martial law is illegitimate and unconstitutional. When it was said that the Fifth Amendment was given approval by the Jatiya Sangsad (parliament) by necessary margin according to the constitution then counter logic was given that that election of Jatiya Sangsad was held under the martial law. Therefore the second Jatiya Sangsad election held in 1979 is illegitimate and the formed Jatiya Sangsad through illegitimate election is also illegitimate. For that reason, that Jatiya Sangsad has no legal right to approve. But for General Ershad that Appellate Division of the Supreme Court, i.e., Khairul Haque has practiced a mysterious silence. Third Jatiya Sangsad election was held on 7 May 1986 and that election was also held under the martial law of Ershad. Then Ershad became the president through another election under the martial law on October 1986. Both parties Bangladesh Nationalist Party (BNP) and Awami League boycotted that election. Silence has been maintained in the final verdict of the Seventh Amendment regarding the legitimacy of the Jatiya Sangsad election held in 1986 and the president election held in the same year. If the Jatiya Sangsad election held under Zia in 1979 is illegitimate then both the Jatiya Sangsad election and president election held in the Ershad period are illegitimate and unlawful. But Khairul Haque bypassed that issue. Is it for this reason that Ershad is the coalition partner of the Awami League government?
Prof Asif Nazrul of Law of University of Dhaka raised a vital question in a talk show aired on Bangla vision at midnight on of 16 May on the basis of constitution and Jatiya Sangsad. He said that all political questions could not be weighed against the standard of law. Existing reality is needed to be taken into consideration as well. There is no system in the constitution called martial law. Based on this logic if several governments and parliaments become illegitimate then the election of 1970 is also become illegitimate. Because that election was held during the martial law of General Yahya Khan and under the Legal Framework Order promulgated by Gen Yahya Khan as the chief martial law administrator. The election of 1970 was held under the martial law. The main responsibilities of those who became the members of the then National Council wining in that election were to frame the constitution of Pakistan. At that time Bangladesh has not become independent. Therefore, their job was not to frame the constitution of Bangladesh. Asif Nazrul said these are all legal statements. But the hard reality is that Bangladesh has become independent through armed struggle. Therefore that legal version of law is not applicable to Bangladesh.
Political Face of Khairul Haque Is Revealing
For obvious reasons questions have been surfaced that if the deeds under the Fifth Amendment are declared null and void against the logic that the Fifth Amendment is the outcome of martial law then why did not Khairul Haque declare the Fourth Amendment, i.e., BKSAL system (Bangladesh Krishak Sramik Awami League -- a political platform launched in 1975 amalgamating all the political parties) as illegitimate? Khairul Haque called the named of president Zia in the verdict of annulling the Fifth Amendment. But he did utter a single word against the massive autocratic step like BKSAL. In replying question regarding this he said the scope of his trial was 15 August 1975 to 9 April 1979. No period before or after that. If that is the case, would he provide reply that his main theme of consideration was whether the Moon Cinema Hall was to be returned to its owner or not. But he talked off the subject. That means, in returning the cinema hall he declared all rules, including Mostaque, Sayem, and Zia. He saved Ershad tactfully in annulling the Seventh Amendment and in annulling the 13th Amendment, i.e., caretaker government he has ensured its existence for another two terms. BNP leader M.K. Anwar and Moudud Ahmed have said for sure that none has made so much harm to the judicial system along with country that Khairul Haque did. This loss is not to be fulfilled easily.

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