Minister terms HC formula on polls time Govt unconstitutional

Minister terms HC formula on polls time Govt unconstitutional

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Minister for Law, Justice and Parliamentary Affairs Anisul Huq on Sundayday described the High Court formula on election time interim government unconstitutional.
“There is a Constitution in the country. It will be not only unacceptable but also unconstitutional, if anyone suggests doing anything against it. I don’t think that High Court may give such a proposal,” he said while speaking at BBC Bangladesh Dialogue at Karwan Bazar in the city.
The Law Minister’s comments came following the High Court released its full verdict on a writ petition on the uncontested election of 153 MPs in the 10th parliamentary election held on January 5 last year. The full verdict was released at the end of last month.The first formula allows the incumbent prime minister to lead an election-time cabinet consisting of 50 new ministers from all parties; the second provides the main opposition party with the opportunity to govern the country for the last one year of the five-year tenure of the Parliament.
Many politicians and legal experts have already made cautious remarks on the proposed formula while others stopped refrained from making any comment.
BNP vice chairman Abdullah Al Noman, Prof Dr Raunak Jahan and Prof Dr Syed Manjurul Islam also took part in the BBC dialogue.
Replying to a question on Concerned Citizens Society’s proposal, the Law Minister said the Prime Minister exercises the full authority in the countries, where parliamentary democracy is there. “There is no scope to go out of that,” he added.
The Concerned Citizens Society recently proposed to form a constitution reform commission to establish balance of power between the President and the Prime Minister for the sake of democracy.
Anisul Huq further said, our constitution provides for everything required for holding a free and fair election. Even though the Election Commission can be strengthened to correct mistakes, if any, he added.
“The crisis cannot be resolved by empowering the President reducing the power of the Prime Minister. Rather, the crisis will be further deepened,” he said.
Citing example of three previous caretaker governments, he said the governments were headed by the President but no government could handed over power though holding a fair poll.
“The Election Commission only can hold a free and fair election,” he said adding that there is balance of power in the country now.
Replying to another question, the Law Minister said an initiative may be taken to form a commission to find out whether there was any political connection and who were involved in the conspiracy behind the assassination of Bangabandhu Sheikh Mujibur Rahman.
“There was certainly a political involvement behind the killing of Bangabandhu. We are to think to form a cell to unveil the political involvement in it,” he said adding that they came to know many things because of the WikiLeaks.
He said the defeated forces of the war of liberation had carried out the heinous act of killing of the father of the nation by riding on the bask of some misleading Awami League leaders including Khandaker Mushtaque Ahmed.
“The BNP founder Ziaur Rahman had also been the beneficiary of Bangabandhu killing, he added.
Abdullah Al Noman termed the proposal of Concerned Citizens Society proposal to bring amendment to the constitution as the proposal of people of the entire country and nation.
“The people think that the use of Prime Minister’s lone authority should be reduced by amending the constitution providing more power to the President. Holding fair election is not possible due to use lone power by the Prime Minister,” he added.
On High Court observation, the BNP leader said the political problems should be resolved by political leaders. “I don’t think a government comprising 50 people cannot resolve the political crises,” he further said.
Abdullah Al Noman said a section of Awami League was involved in Bangabandhu killing.
“Some wayward army officials were also involved in it. It is the history. It is the truth,” he added.
Waliur Rahman Miraj conducted the dialogue.
It is to be noted that the Constitution vests the power of testiting the constitutionality of legislative and executive actions on the High Court- Staff Reporter

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