Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 836 Mon. October 02, 2006  
   
Front Page


Talukder's removal opposes constitution


The way Major General (retd) Anwarul Kabir Talukder was removed from the post of state minister for power on Friday night contradicts the constitution.

With the controversy mounting over whether Talukder resigned willingly or was removed, the law minister yesterday expressed his ignorance over the matter while the Speaker said in parliament the state minister "resigned" from his post.

According to the constitution, the office of a minister shall become vacant "if he resigns from office by placing his resignation in the hands of the Prime Minister for submission to the President".

"The prime minister may at any time request a Minister to resign, and if such Minister fails to comply with the request, may advise the President to terminate the appointment of such Minister," the constitution says.

However, the provisions have not been followed while removing Talukder as the PM neither requested him to resign nor advised the president to terminate his appointment.

Talukder told the media several times that he was not asked to resign from his post; rather, he decided to resign consciously taking all responsibilities for the failures in the power sector.

Just hours after his Friday announcement to resign the next day, the Prime Minister's Office (PMO) relieved Talukder of his office at late night.

State-owned news agency BSS disclosed the dismissal at 10:22pm on Friday quoting a PMO source. A late night government handout also said the state minister was removed from his post.

Asked if the state minister resigned or was removed from the post, Law, Justice and Parliamentary Affairs Minister Moudud Ahmed yesterday said he does not exactly know about it.

"I cannot tell what happened as I was in my constituency on that day," Moudud told reporters while leaving the parliament premises.

Avoiding answering the reporters' questions, the law minister advised them to ask Talukder about the matter. "He [Talukder] may even make a statement in parliament about it as a lawmaker," he said.

Moudud said there is no specific and proper system for ending the tenure of a minister's office. "A minister can resign or be removed from the post," said the law minister who responded to the query of an Awami League (AL) lawmaker on Talukder's removal in parliament yesterday.

AL lawmaker Suranjit Sengupta on a point of order in parliament yesterday congratulated Talukder upon his resignation taking responsibilities for the failures in the power sector.

"What will happen to the minister in charge of the Ministry of Power, Energy and Mineral Resources when its state minister resigns admitting the failures in the sector?" Suranjit said pointing to the PM who is in charge of the power ministry.

"Isn't the resignation of the state minister a symbolic resignation of the prime minister too?" he said amid repeated interruption by the Speaker.

Speaker Jamiruddin Sircar ultimately switched off the AL lawmaker's microphone, saying the state minister "has resigned on his own".

On another point of order, AL lawmaker Faruk Khan said people in his constituency welcomed the state minister's resignation and they now demand for the resignation of the PM.

In reply, the Speaker said there is no provision obliging the PM to resign since the state minister has resigned.

Lawmakers of the ruling alliance, however, did not counter the AL lawmakers' speech.