Reinstate caretaker government system

Legal experts on Saturday laid emphasis on the re-insertion of the caretaker government system into the constitution in the interest of holding an acceptable general election.

It was not a right decision to abolish the caretaker government system through the 15th constitutional amendment, they said, adding that this system could be repaired if found erroneous.

The experts said this at a seminar styled 'Constitutional Reforms for Transition to Democratic Governance' hosted by the Bangladesh Institute of Policy Studies (BIPS), a leading think tank, in CIRDAP Auditorium.

Justice Syed M Dastagir Husain, a retired High Court judge, chaired the programme, while BIPS chairman Dr CAF Dowlah gave a welcome address.

Justice MA Matin, a retired judge of the Appellate Division of the Supreme Court, presented a keynote, while Mahfuz Aman, editor of The Daily Star, delivered a speech as a guest of honour.

Dr Sheikh Hafizur Rahman Karzon, who teaches law at Dhaka University, and Supreme Court lawyers Dr Uttam Kumar Das and Mahbubur Rahman Ismail, among others, were discussants at the event.

Justice Matin said, "Many rights of people are not written in the Constitution, but those belong to the higher law. The government's duty is to protect those rights."

"When the government itself violates rights, people rise up. Our students and people have exercised this right," he continued.

"...The Awami League government abolished the caretaker government system and held three controversial elections. A verdict was given by the Supreme Court, which was later tempered violating all norms of judicial spirit."

Justice Matin said the authority of the lower judiciary should be transferred to the apex court amending the constitution and article 70 be scrapped. Otherwise, it will make parliament members worthless in the House.

Justice Dastagir said, "...People couldn't enjoy their legal rights, fundamental rights and other rights mentioned in our constitution. We didn't do what we had to do... As a result, the country has fallen into such a state today."

"We have to think about ways to make the Anti-discrimination Student Movement successful. They (revolutionaries) have brought scope for us. If we can't make it effective, this failure will befall our shoulders."

Justice Dastagir exhorted Chief Adviser Prof Dr Muhammad Yunus to do something for the nation hurriedly. "You (Dr Yunus) don't waste time by increasing the number of dialogues. You do something hurriedly."

He thinks no expected result will come through forming reform committees. The interim government has to sit with all stakeholders concerned together if it wants to do something good.

Addressing the event, Star editor Anam said, "I think the caretaker government system should be restored in the amended constitution and the bicameral legislature (upper house and lower house) system also be initiated."

It would be better to amend the constitution instead of rewriting it and amendment should be made in such a way so that any government again in the future cannot usurp state power.

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