Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Thursday, November 15, 2018 11:54:07 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Special issue on 38th anniversary of the New Nation

Bangladesh has not been freed for people not to be free

By MAINUL HOSEIN
19th-Jun-2017       
Comments
Share your thought
Post a comment »
Read all () »

It is forgotten by those in power that their own legitimacy as the government depends on acknowledging by the Supreme Court because the guardian and protector of the Constitution is the Supreme Court only if it is challenged. Executive branch of the government is not all powerful as those not used to democratic process believe. An effective judiciary has become urgent for eliminating the system of plundering by the few at the cost of miseries of the general public. The plundering and looting of public money as well as robbing of banks has become so easy because the rule of law is ineffective against the powerful ones. But that is not enough, the judiciary must be made submissive so that the illegalities of the government cannot be exposed and annulled by a court of law. The need for meaningful election has been denied.  Thus there is no meaningful parliament. It all means our people will have to start their democratic struggle all over again. The people's leaders do not need public trust. They are not bound by their past commitments. They themselves are the people. 
The liberation war that was fought with India's help made our leaders soon revolutionary forgetting their past struggle along with the people for democracy and freedom. In Pakistan days we fought and suffered for liberating democracy for people's freedom. But our liberation war achieved liberation of the country and not victory for democracy.
Bangladesh was expected to be an ideal democracy for others to envy. The founder of Awami League Mr. H.S. Suhrawardy was an example of democracy in practice. It is our shame we have failed. But we must not live with the failure to exhibit us as an incompetent people.
I find it extremely disappointing that in free Bangladesh our people will have to start all over again to live in freedom and justice. We cannot accept that we freed the country not to be free ourselves.

The original 1972 Constitution commanded the judiciary to be independent. But politicians did not act to make the judiciary independent. Both Awami League and BNP followed the same policy to have party supporters as judges. The appointment process is a secret process between the President and the Chief Justice. Our politicians could not see that written words are not everything for constitutionalism. Constitutional conventions are also to be followed to make the Constitution work. The need for independent minded judges has been hardly a consideration for the need of independent judges.
Despite such flaws, we are lucky to have many judges who are brave and impartial in doing justice. They are the nation's hope for protecting our freedom. They are fighting not to make the country a police state.
The process of appointment of judges as laid down by Article 95 of the Constitution is that the President in consultation with the Chief Justice will appoint the judges of the Supreme Court. There continued controversy for a long time on the question of how to execute the meaning of consultation.
Initially some governments entertained the view that such consultation with the Chief Justice was a mere courtesy. Who they choose is the judge. At one time BNP appointed some judges without caring to take seriously the consultation with the Chief Justice.
At that time Mr. Shahabuddin Ahmed was the Chief Justice. He was not an easy Chief Justice to swallow such insult of bypassing him to appoint judges of the Supreme Court. He famously declared himself as Mr. Nobody and refused to administer the oath of office to the newly appointed judges.
Unnecessarily a battle ensued between the President and the Chief Justice. The lawyers took the side of the Chief Justice in defence of his role as the Chief Justice in the appointment of judges of the Supreme Court.
The issue was settled to accept that the consultation with the Chief Justice is incumbent and that such consultation has to be meaningful. But the plan to subjugate the judiciary remained very much alive in some quarters.
The weakness that the lawyers are not for the court but party activists has worked as a fatal weakness for the judiciary.
The BNP government yielded and fresh appointment of judges was made following the Constitution. A serious crisis was thus averted.
To the present genre of politicians making money is more important than who runs the country. This political vacuum for leadership is at the root of the crisis for democracy and the judiciary.
During the last caretaker government an ordinance was passed for the appointment of judges of the Supreme Court on the recommendation of an independent commission. The purpose was to appoint competent judges and save the judiciary from politicisation. The Awami League government that came to power refused to accept the idea and the ordinance never became a law. It is becoming clear, the forces behind the government have not given up the idea of revolutionary politics of BAKSAL days.
Thus, with the conclusion of the liberation war and creation   of new Bangladesh, it is the judiciary that came under heavy assault to deny its independence. The victory of the liberation war is treated as the victory of a military war for liberating the territory of Bangladesh.
The Supreme Court is custodian of the democratic Constitution and protector of our fundamental rights. The denial of independence to the judiciary is the denial of freedom for the people. Where the independence of the judiciary is absent nothing remains of human rights or impartial justice for the general public.
The primacy of the Chief Justice in the appointment of judges of the Supreme Court is still not acceptable. All powers should be concentrated in the government.
The challenge to the independence of the judiciary has gone the extent to make judges of the Supreme Court punishable by the Parliament in control of the government. However, the constitutionality of the law that enabled the government to do so is under consideration of the Appellate Division.
The law for punishing the judges is incomplete and vague. No details have been given for the people to know how exactly the law will be executed. On the face it one can come to the conclusion that if the Parliament so decides the President will be bound to sack any judge including the Chief Justice of Bangladesh. The advice of the Prime Minister will be too obvious.
In the absence of an independent judiciary law will be the police law and justice will be the police justice. No sensible government will feel comfortable under such a system. The people will not have the guarantees of a civilised existence. The chaos and anarchy of an uncivilised existence will prevail. We must not remain meek and mute for that to happen.

Tariff
Add Rate

News Archive

Inside The New Nation

Entertainment »

Jaya Ahsan coming with Beauty Circus


Entertainment Report :Jaya Ahsan has already proved herself as an actress not only in Bangladesh but also in Kolkata. Now she is one of the busiest actors in Indian Bangla cinema whose commitment to her craft has taken her places including a circus. Jaya’s latest Bangladeshi film Debi, which also ...

Entertainment »

Bijori takes break on her birthday


Sheikh Arif Bulbon :Bijori Barkatullah was one of the popular TV actresses of her generation. She is not only an actress but also a dance artiste, model and host. Today is her birthday. She takes break on her birthday. Before birthday she also worked. Bijori informed that yesterday she took ...

Sports »

Rooney excited to see what `fearless` England are capable of


AFP, Burton-On-Trent :Wayne Rooney will make his final farewell as England's greatest ever goalscorer in a friendly against the United States on Thursday, but is excited at what a young squad can achieve under "fearless" coach Gareth Southgate in the years to come.Rooney, 33, made the last of his 119 ...

Sports »

Shoulder injury rules Jason Holder out of Bangladesh tour


Agency :Windies suffered a big blow as captain Jason Holder was ruled out of the Bangladesh tour with a shoulder injury. Holder is said to have suffered the injury during the recent tour of India, and will need at least four weeks to recover from the setback."Jason has a partial ...

Editorial »

Time for fixing banking irregularities


THE Bangladesh Bank's role as the custodian of the production and distribution of money and credit in the economy has been eroded by the finance ministry in the past decade. It's not a common people's remark. Rather, it came from a Director of the central bank while addressing a meeting ...

Sports »

Los Angeles Clippers guard Sindarius Thornwell (left) and Golden State Warriors forward Draymond Green scramble for a loose ball during the first half of an NBA basketball game in Los Angeles on Monday.


Football »

Rooney excited for 'great moment' in England farewell


Wayne Rooney says he is honoured to make a final appearance for England and happy for manager Gareth Southgate to decide his playing time Thursday against the United States.Former Manchester United star Rooney, in video comments released Monday by his Major League Soccer club DC United, detailed his excitement at ...

City »

Chief Election Commissioner KM Nurul Huda, among others, at a press briefing for returning officers on the occasion of eleventh parliamentary election in the auditorium of Election Commission Secretariat in the city on Tuesday.


International »

Nobody can stand in its way in Pacific island cooperation: China


Reuters, Beijing :No country can block China's cooperation with island nations in the Pacific and the area is no country's sphere of influence, a senior diplomat said on Tuesday, ahead of a summit between President Xi Jinping and Pacific island leaders.Australia, in particular, has been vying for influence with China ...

International »

Israel-Gaza border facing most serious fighting since 2014 war


Reuters, Gaza :Israel launched more air strikes on Gaza on Tuesday as Palestinians kept up rocket fire on Israeli territory, in the worst surge of violence since a 2014 war.The fighting - that has killed six Palestinians, five of them militants, and a civilian in Israel since Monday -threatened to ...

Entertainment »

Oishee in China to win `Miss World` crown


Jannatul Ferdous Oishee crowned 'Miss Bangladesh 2018' on November 30. Now, she is in China for participating in the 'Miss World' beauty contest. There she will represent Bangladesh. On Saturday night at 1:00 am, Oishi left Dhaka for Sanya in China. And she reached there on Sunday morning.Swapan Chowdhury, chairman ...

Football »

New York City forward David Villa (7) movers the ball as Atlanta United defender Miles Robinson (12) defends during the first half of their MLS playoff soccer match in Atlanta on Sunday.


Football »

Ronaldo ends San Siro hoodoo as Juventus beat Milan 2-0


AP, Milan :Cristiano Ronaldo ended his San Siro hoodoo to help Juventus to a 2-0 win after AC Milan forward Gonzalo Higuain missed a penalty against his former team on Sunday.Higuain left Juventus in the offseason following the signing of Ronaldo and he had a nightmare game as he was ...

Editorial »

No development yet in city's road traffic management


THE directives to ensure discipline in traffic system issued by higher authorities have failed to bring any result. The traffic rule violation is still rampant. Almost all directives addressing owners and workers of city service buses and human haulers, pedestrians and drivers went unheeded. If the traffic management system returns ...

International »

California wildfires: Death toll reaches grim milestone


The death toll in wildfires sweeping California has risen to 31, with more than 200 people still unaccounted for, officials have said.Six more people were confirmed killed in the Camp Fire in the north of the state, taking the toll there to 29.That fire now equals the deadliest on record ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news