Qamrul Islam and AKM Mozammel Huq have ‘no right’ to be ministers after the Supreme Court’s observation in the contempt verdict that they have breached oath, lawyer Shahdeen Malik thinks.
He gave his reaction to the full verdict of the case published on Thursday.
bdnews24.com contacted several other senior lawyers for their comments on the verdict but no-one agreed.
Some of them left the matter up to the convicted ministers.
The eight-strong Appellate Division bench led by Chief Justice Surendra Kumar Sinha on Mar 27 rejected Qamrul and Mozammel’s pleas offering unconditional apologies for their remarks on the Supreme Court hearing war criminal Mir Quasem Ali’s appeal. Top judges found them guilty of the contempt of court and handed down punishment.
The full verdict says, “They have acted in violation of law and are in breach of their oath of office to preserve, protect and defend the Constitution.”
Shahdeen Malik
After the summary verdict in March, ruling Awami League’s rival, the BNP had demanded resignation of Qamrul and Mozammel.
Now lawyer Shahdeen Malik says if someone tasked with government job is sentenced to jail or fined, he or she is considered sacked.
The ministers are supposed to be removed from their posts in line with this law, he says.
“Now, if someone does not care a fig about the law, that’s a different matter. The verdict by majority said they had breached oath,” Malik remarked.
“A person holding a constitutional post doesn’t have the moral and constitutional rights to remain in the post for a single moment after breaching the oath,” he added.
Many say the matter of their removal from the cabinet is not specified in the Constitution.
But Malik pointed out, “The Constitution doesn’t say anything about the punishment for violation of any of its sections. But the idea is if someone violates the Constitution, holding a constitutional office, he or she should immediately submit resignation by taking moral and legal responsibilities.”
“It’s unfortunate that those holding such posts simply don’t care about the law and the Constitution. They sit in the chair until the last day,” he added.
Food Minister Qamrul and Liberation War Affairs Minister Mozammel did not react to the verdict in March. They are tight-lipped this time too after the publication of the full verdict.
Qamrul had been the state minister for law.
Contacted for comments, senior lawyer and one of the architects of the Constitution, Dr Kamal Hossain said, “Nothing on the matter is mentioned in the laws or the Constitution. It depends on public opinion.
“You should check public opinion if you want to know if they can stay or go.”
Asked whether the two ministers should remain in their offices now, he said, “I won’t comment on that. There are more important matters in the state than this issue.”
M Amir-Ul Islam, former president of Supreme Court Bar Association, declined comment.
Lawyer MK Rahman said, “The main thing in the verdict is that the two ministers have been found guilty of serious contempt of court. The matter of breaching oath was not for consideration in this case.”
“The judges gave some findings on majority. But it was not said whether they can remain ministers. It depends on their discretion and the prime minister’s will,” he added.
After the verdict in March, Attorney General Mahbubey Alam said the government would take decision on the matter, but the matter is of ‘ethics’.
Alam refused to comment on the matter after the publication of the full verdict.
Suranjit Sengupta, chief of the parliamentary committee on law, judiciary and parliamentary affairs ministry, said the ministers should clear their stance.
He, however, added it was the government that could say anything about it.
No government official would comment on the matter.
Law Minister Anisul Huq had said, “The ministers will have to consider that personally.”
Source: bdnews24
