Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Saturday, November 25, 2017 09:48:40 AM
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

Editorial »

Alarming rise in city air pollution


THE presence of pollutant particles in Dhaka's air has become quite high with alarm signals to public health. It was even higher than Delhi and Beijing on last Wednesday, as per a report in a national daily. We know Delhi had closed schools and put other emergency measures only last ...

Cricket »

Smith defies England as Australia fight back


AFP, Brisbane :Skipper Steve Smith led a rescue mission to revive Australia's fortunes after a top-order batting collapse in the Ashes Test against England in Brisbane on Friday.Home hopes rested on Smith to mount a fighting rearguard after the loss of four wickets in a faltering chase after England's first ...

Campus Life »

BD graduates` get together at Alumni London Event


Campus Report :The University of East London (UEL) Bangladesh Alumni Network, UK held its Annual London Event at its Stratford campus on November 20 this year. This was an engaging and encouraging event which brought UEL graduates from Bangladeshi ethnicity, their family and friends together. All the major Bangladeshi community ...

International »

US intelligence official told Israel Russia had `leverage` over Trump : Report


The Independent :Russia had "leverages of pressure" over Donald Trump, Israeli intelligence officials were reportedly told earlier this year by their US counterparts.Members of Mossad, the nation's foreign espionage agency, and other Israeli intelligence officials, attended a meeting at the CIA headquarters at Langley, Virginia, shortly before Mr Trump's inauguration ...

International »

From Myanmar to Zimbabwe, China's global footprint grows


AFP, Beijing :China has traditionally rejected US-style interventionism, but its deepening economic involvement in volatile countries like Myanmar and Zimbabwe is thrusting Beijing towards a more assertive global role, analysts say.China's foreign policy has been guided by its principle of "non-interference in other countries' internal affairs", which emerged in 1954 ...

Entertainment »

Bari Siddiqui- at a glance


Entertainment Desk :Bari Siddiqui (born 15 November 1954 - 23 November 2017) was a Bangladeshi singer-songwriter, flutist and folk musician.Personal life:Siddiqui had a daughter, Elita Siddiqui and a son, Sabbir Siddiqui.Early life and career:Siddiqui got his formal vocal training at the age of 12 under Gopal Dutt of Netrokona. Since ...

City »

BNP Vice-Chairman Khondkar Mahbub Hossain, among others, at a discussion on '53rd Birthday of BNP Senior Vice-Chairman Tarique Rahman' organised by Bangladesh Jatiyatabadi Karmajibi Dal at the Jatiya Press Club on Friday.


Cricket »

Mustafiz to play in AKS BPL


Sports Reporter :Pace bowling sensation Mustafizur Rahman will play for Rajshahi Kings against Comilla Victorians in AKS BPL Twenty20 Cricket tomorrow at Zahur Ahmed Chowdhury Stadium in Chittagong. The match begins at 1.00 pm.After getting injury in shoulder, Mustafizur Rahman could not take part in the AKS BPL T20 Cricket ...

Editorial »

School students need be spared from party politics


APPARENTLY not content with being confined to public universities and colleges, Bangladesh Chhatra League, the student front of ruling party Awami League now moves to form committees at secondary schools. It has asked all its organisational units to set up committees in such schools in their respective areas, as per ...

International »

Syria `congress` will boost peace talks: Putin


AFP, Sochi :Russian President Vladimir Putin said Wednesday there was a need for compromise on all sides to end Syria's civil war, announcing plans for a congress of regime and opposition figures he insisted would reinvigorate a hobbled peace process.Such a meeting between representatives of Syrian President Bashar al-Assad and ...

International »

'We are totally unprepared' for artificial intelligence: Hillary


AP, Washington :Former Secretary of State Hillary Clinton told radio host Hugh Hewitt that humanity is "racing headfirst into a new era of artificial intelligence" without sufficient preparations of how that will impact the world."Bill Gates, Elon Musk, Stephen Hawking, a lot of really smart people are sounding an alarm ...

Entertainment »

Jennifer Lawrence opens up about her leaked pictures: It was so unbelievably violating


While many women in Hollywood are coming out with their sexual misconduct stories, Jennifer Lawrence recently looked back at her own invasion of privacy. The 27-year-old Oscar winner revisited the iCloud hack in 2014 that put her nude photos onto the web in a new interview with The Hollywood Reporter's ...

City »

Prime Minister Sheikh Hasina along with other distinguished persons at the inaugural ceremony of CMP Center and School Complex at Savar Cantonment on Thursday.


Weekend Plus »

Great Poet Moulana Jalaluddin Rumi


Literature Desk :Maulana Jalaluddin Rumi was a 13th century Persian poet and a Sufi mystic. He is regarded as one of the greatest spiritual masters and poetical intellects. Born in 1207 AD, he belonged to a family of learned theologians. He made use of everyday life’s circumstances to describe the ...

Weekend Plus »

Mutton Biryani


Coriander powder and star anise powder and is assorted with cooked rice. A perfect main dish recipe, this biryani is best served hot with raita for a tempting dinner, and is a true bliss for non-veg lovers.Ingredients "    2 pinches saffron"    2 green cardamom"    1/2 cup ghee"    1 bay leaf"   ...

 
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