Article 70 safeguards democracy: HC

Article 70 of the constitution, which deals with the cancellation of membership of parliament members for voting against their political party, safeguards democracy, the High Court has observed.

“----I am of the opinion that the present Article 70 is not against the constitution at all rather it works as safe guard of our democracy,” the bench of Justice Abu Taher Md Saifur Rahman said in a full text of its order released on Thursday.

The bench on March 18 this year upheld article 70 through summarily rejecting a writ petition that challenged the legality of the article 70.

Earlier on January 15 this year, a two-judge HC bench gave a split order on the same writ petition.

Justice Moyeenul Islam Chowdhury, senior judge of the two-member HC bench, had issued a rule on the government, asking why the article should not be declared unconstitutional.

Justice Md Ashraful Kamal, the other judge, had summarily rejected the petition, saying that the petition is contradictory to the constitution.

In his order, Justice Moyeenul said members of parliament could not discharge their duties properly as they could not express their opinions independently because of article 70.

The MPs are not independent as they cannot vote against their party decisions and that is why they are subservient to their parties, he noted.

Political parties, not the people, are the source of all powers under article 70, although the people are the source of all powers under article 7 of the constitution, Justice Moyeenul said.       

The Appellate Division of the Supreme Court has accepted the HC observation regarding article 70 in the judgment of the 16th amendment case, he said in his order.

Justice Moyeenul in his order said it was mandatory for the HC Division to abide by the Appellate Division verdict.

There are elements for issuing a rule in response to the writ petition that challenged article 70, he said.

Justice Ashraful Kamal observed in his order that raising question with the article 70 is demeaning the 403 members of the GonoParishad (national assembly) including Father of the Nation Bangabandhu Sheikh Mujibur Rahman as well as the people of Bangladesh and the constitution and is a violation of the constitution.    

Later on, Justice Md Abdul Wahhab Miah, who was performing functions of the chief justice, has sent the writ petition to the HC bench of Justice Abu Taher Md Saifur Rahman for its hearing and disposal.  

Advocate Eunus Ali submitted the writ petition with the HC on April 18 last year challenging the legality of article 70 of the constitution saying that the article was against democracy and articles 7, 19, 26, 27, 44, 31 and 119 of the constitution.