Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 303 Sun. April 03, 2005  
   
Front Page


Rokan for taking defence from president during caretaker regime


Immediate past Supreme Court Bar Association (SCBA) President Barrister Rokanuddin Mahmud yesterday said a dual administration exists during the reign of caretaker government as the president remains in charge of the armed forces.

Rokanuddin, also vice-chairman of Bangladesh Bar Council, suggested that defence responsibilities should be taken from the president if the problem is to be overcome.

"The problem can also be resolved if the former chief justice who is going to head the caretaker government, according to the existing provisions, is made president," he told a press conference organised at Bangladesh Bar Council auditorium after he handed over the charge to the new SCBA president.

"The president should resign along with the government at the end of the government's tenure, since he is elected by a party and cannot work neutrally during the time of election," he said.

He added that having a politically appointed president and a caretaker government at the same time means a dual government system that can stand in the way of holding a free and fair election.

A neutral person acceptable to all parties should be the president during the three-month tenure of the caretaker government mandated to hold general elections, he said.

On the provision of an immediate past chief justice's heading the caretaker government as a neutral person, Rokanuddin said: "There should be two conditions here. He (the chief justice) should be one who has never been a member or office-bearer of any political party and who has never held any position of the state on political appointment."

"The caretaker chief should be acceptable to all parties that had representation in the just dissolved parliament."

About the advisers, he said, "They should be appointed after discussions with the political parties."

Those who for once have become advisers to the caretaker government should not be made advisers for a second time, Rokanuddin said.

"The constitution should be amended, if necessary, to introduce the changes and the amendment should be made on the basis of a consensus."

The outgoing SCBA president also demanded reforms to the Election Commission. "The chief election commissioner should be made on a consensus among all political parties."

Talking on the 13th amendment to the constitution that introduced the caretaker government provision, he said, "It was made in the parliament formed after the February 15, 1996 elections in which no parties other than the BNP had taken part."

The amendment was made without detailed discussions with other parties in the parliament at that time, he said. "Now is the time to think about changing the 13th amendment…

The post of chief justice has become an issue of political debate after the 13th amendment."

He said the media here is now working under restrictions after the High Court in a judgement in a contempt of court case had warned the media. "Whether the law on the contempt of court is more important than the freedom of press is a big issue," Rokanuddin observed.

"The press has been playing an important role in establishing the truth. If the press works under limitations, the freedom of press will be hampered," he said.

He said the people and the media think that the press has the right to write about the judiciary.

Rokanuddin wondered whether a minister who commented that the Appellate Division has no jurisdiction to fix time for separation of the judiciary should be charged with contempt of court 'if nine government officials who tampered with court directives on separation of the judiciary face contempt charges'.

"We demand that the judiciary be separated as soon as possible. I think the government is intentionally making delays in doing so."