Govt set to induct advisers beyond 10
Law Commission looks into legal ways; Mainul concerned at politicisation of highest judiciary
Julfikar Ali Manik and Pinaki Roy
Destined for a lengthy stint in office, the caretaker government has turned to the Law Commission for ways to draft in more advisers in a desperate attempt to ease tremendous work pressure on the present 10-member advisory council. In view of constitutional constraints before pushing the number of advisers beyond 10, the law ministry recently referred the issue to the commission for recommendations. "The government wants to know the procedure for increasing advisers," Law Commission Chairman and former chief justice Mostafa Kamal told The Daily Star last night. "As it is a constitutional matter, we don't have any ready solution for it. We just have started to examine the matter and it might take some time to find a proper solution." With the caretaker government targeting to help the Election Commission to hold polls at the leg of 2008, the jobs in hand appear too much for the present advisory council, which already spent 90 days in office on April 11. "Each adviser has to look after 3-4 ministries and, as you can guess, it is not easy to do justice to the jobs we are entrusted with. For quite sometime, we all have been thinking of ways to lessen the work pressure on us," said Law Adviser Mainul Hosein, who also echoed the grave concern of Chief Justice Mohammad Ruhul Amin regarding politicisation of the highest judiciary. Over 60 ministers looked after at least 55 ministries during the previous BNP-led alliance government. "The constitution states that the caretaker government shall consists of not more than 10 advisers. I was in particular asked to find out a solution. Frankly speaking, I see no easy way to overcome the constitutional constraint in increasing the number of advisers beyond 10," he said. However, leading jurist Dr M Zahir opined that under Article 106 of the constitution, the issue of expanding the advisory council can be sent to Appellate Division of the Supreme Court for guideline. Barrister Rokanuddin Mahmud meanwhile told of two options - appointing persons with designations other than 'adviser' or seeking guideline from the Supreme Court. Sources meanwhile said a set of alternative proposals including the much-talked-about national government are already on the table of Chief Adviser Dr Fakhruddin Ahmed. Expanding the council apart, the government is also close to say good-bye to a few under-performing advisers. Sources said that the government is not happy with the poor performances of the advisers in question for quite some time. Usually, a caretaker government fulfils the constitutional obligation by arranging a general election within 90 days and by not meddling with policy decisions. But this is not the case with this government, which had to take over the mantle of the country amidst lengthy political conflict between the two major parties - the Awami League and BNP. With the circumstances calling for freeing the country from political and financial corruption, the Fakruddin government has launched some ambitious reform initiatives for holding free and fare polls, which expanded its role and responsibility quite significantly. Meanwhile, Law Adviser Mainul hailed Chief Justice Ruhul Amin for his bold comment on politicisation of judiciary. The chief justice told a gathering of lawyers on Sunday in Noakhali that the damage done (political appointments) to the judiciary in the recent years will take more than 20 years to remedy. "I must admire the courage of the chief justice for being so open and frank about the problems," said Mainul, who feels the highest judiciary cannot survive with the incompetent or unacceptable judges for the next 20 years. Having been pushed to predict how many judges are unacceptable, he said removal of 5-6 controversial judges could find the highest judiciary in better state. "There is no easy solution as the judges enjoy constitutional protection. Still, judges and lawyers must work together to save the highest judiciary. Perhaps, as a last resort, we will have to use the Supreme Judicial Council," he said, adding that the judges in question must have to go. "We have to admit at the same time that those who appointed them (controversial judges) are solely responsible for the disaster."
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