Noted jurist Dr Kamal Hossain on Saturday raised question about the necessity of the 15th amendment to the constitution reintroducing parliamentary election with the party in power.
“Who had asked for bringing the 15th amendment to the constitution?” questioned Dr Kamal, pointing finger at the incumbent government.
Addressing a conference of Bangladesh National Lawyers’ Association (BNLA) at the Supreme Court Bar Association (SCBA) auditorium, Dr Kamal, also the president of Gono Forum, said no one can justify whether the apex court had asked the incumbent government to bring such 15th amendment to the constitution.
Breaking his long silence over the 15th amendment, Dr Kamal, one of the framers of the country’s constitution, said the court declared unconstitutional the non-party caretaker government incorporating the 13th amendment to the constitution as it had some flaws.
The court in its further observations clearly mentioned that the national elections to the 10th and 11th parliaments might be held under the non-party caretaker government, said Dr Kamal, adding that nowhere in the judgment it was stated that the election to the 10th parliament would be under the incumbent government. “Not a single line in this regard will be found in the judgment.”
Referring to the judgment, Dr Kamal said it also states: “Even if we declare anything illegal that will be appropriate, if necessary, in the nation’s interest.”
Advancing his argument, Dr Kamal said a 15-member committee had been formed to amend the constitution. In March 2011, all members of the committee agreed to retain the caretaker government system, he said.
But, he said, the 15th amendment was brought within six weeks of the consensus although a discussion on the matter continued for a year.
“In their own arguments, everyone was in favour of retaining the caretaker government system,” he said adding, “Even then where from the 15 amendment to the constitution appeared and where it was discovered?”
Dr Kamal said, “As amici curiae (friends of the court) we had submitted our arguments backing the caretaker government system, even Mahbubey Alam, the incumbent Attorney General, the chief law officer of the government, opined that the caretaker government not unconstitutional. But it did not prevail at long last.”
He, however, said there is no scope for getting disappointed as nobody could go away by resorting to tyranny on Bangladesh’s soil.
Presided over by BNLA president Advocate Ahmed Ali, the conference was addressed, among others, by its secretary Shah Khasruzzaman, former SCBA secretary Barrister Bodruddoza Badal, advocate Akhtarul Islam and Khorshed Mia Alam. Former Chief Justice M Fazlul Karim was present as the chief guest.
Speaking on the occasion, Justice Fazlul Karim said, “We had got united during the martial law regime and also suffered imprisonment. But today the nation has been divided which is unfortunate.”
Source: UNBConnect
We must appreciate the strong stand Dr. K. Hossain has taken at last. But we would also wish to know how a ‘tyrannical’ power was vested with the Prime Minister, unprecedented in any constitution of the world where people boast of ‘democracy’. We would also be thankful how and why ‘secularism’ and ‘socialism’ were incorporated in the 1972 constitution while Bangabandhu was never known to be in favor of socialism. One may agree or not, the country has been divided both politically and psychologically because of these two basic (?) principles incorporated in the constitution.With due respect to Dr. Hossain we humbly say that personality cult and hero-worship – which they, maybe unwittingly, gave indulgence to, never brought anything good for any country and he knows it better than anybody else. So now his stand, aloof from his parent party AL, creates a credibility gap as a result of which his party Gono Forum has failed to gain mass support. But anyway, thanks to Dr. Hossain because we hope he can still do a lot for the future of the country.