Free, fair polls not possible under political govt

Backing the High Court judgment on the Constitution's 13th amendment, noted jurist Dr Kamal Hossain Monday told the Supreme Court (SC) that it is not possible to hold free and fair elections under a political government, reports UNB. Dr Kamal made the observation as amicus curiae (a friend of the court) during the hearing of an appeal against the High Court judgment. On August 4 in 2004, a larger High Court bench upon a Public Interest Litigation (PIL) writ petition had declared valid the 13th amendment to the Constitution that allows general elections under a non-party caretaker government (CG), and observed the change does not distort the basic structure of the Constitution. Dr Kamal said that the caretaker government scheme should continue in the interest of holding free and fair elections in the country and democracy as well. Dr Kamal said the continuation of democracy is the basic pillar of the Constitution, so it should be protected through the Constitutional process. He admitted that several elections by this time have been held under the CG, and some questions have also been raised at different times over the interim caretaker government. If any inefficiency or flaw develops in exercising the scheme of the CG, that should be resolved through consensus, so that this government could discharge its function effectively. He said the Supreme Court is the guardian of the Constitution and it is the apex court's responsibility to protect the Constitution. It is not the responsibility of the Supreme Court to protect any political party or its interests, he argued, adding that Article 70 of the Constitution protects the party interest. The Supreme Court has to scrutinise under which circumstances the non-party caretaker government system was introduced in the country, Dr Kamal reminded. The hearing before a seven-member Appellate Division bench, headed by Chief Justice ABM Khairul Haque, which remained inconclusive, will resume today (Tuesday).