In what appears to be a major shift in government stand on the mode of poll-time government, Syed Ashraful Islam the general secretary of the ruling Awami League on Sunday said that the next general election would be held under the supervision of an interim government. He also said, the name of the chief of that government would be decided through discussions. Syed Ashraf’s statement came in the backdrop of the Home Minister’s statement regarding the banning of rallies, human chains for the next one month.
Home minister MKA Alamgir while talking to newsmen after a function in Chittagong said the government has taken the decision to impose ban in the interest of maintaining law and order.
In this connection, he also added that those who vandalise vehicles, resort to arson, attacks, torch shops and business houses, attack mosques and burn copies of the Holy Quran in the name of meetings and rallies, would not be allowed to stage rallies.
On the other hand, Ashraf told the press briefing that the government had imposed the ban on all kinds of political meetings and processions across the country for smooth relief and rehabilitation activities.
“It is not possible to protect the fundamental rights like meetings and rallies when the country was hit by a natural disaster,” Ashraf said arguing that huge property has been destroyed after the cyclone Mahasen battered the coastal area.
Defending the government ban, he also pointed out that the ban would be applicable not only to the opposition, but also to the ruling party.
“We’ve never maintained that the incumbent Prime Minister would be the chief of the interim government. The Constitution may not be the only way through which the ongoing political crisis can be resolved. Keeping this in mind, Prime Minister Sheikh Hasina has asked the opposition leader to sit across the table,” the minister said.
Ashraf called upon the opposition to return to the House. He said it is possible to resolve the current political impasse through talks and that Parliament is the best place for such discussions.
Replying to a query, Ashraf said Prime Minister Sheikh Hasina has formally invited the opposition to sit across the table with the government to reach a consensus on holding the next poll. “The Prime Minister has formally invited the opposition to sit across the table. Opposition leaders can place their views before Parliament by taking part in the upcoming budget session that is scheduled to begin from June 3,” he said.
The minister alleged that opposition leader Khaleda Zia has never prioritised the option of holding a dialogue with the government. “Instead, she gave a 48-hour ultimatum and provoked Hefazat members to take to the streets. She also conspired to oust the government by spending crores of taka. But nothing has worked so far,” he added.
Government’s decision to impose ban on holding of rally and processions across the country has evoked sharp reaction among political parties and civil society members. They termed the move as a violation of people’s constitutional rights.
Former President Dr AQM Badruddoza Chowdhury on Sunday termed the government decision to impose ban on holding rally and public meeting is totally politically motivated and called upon the government to withdraw it immediately.
Condemning the ban, BNP standing committee member Barrister Moudud Ahmed said, the government decision to impose ban on holding rally and public meeting is totally unconstitutional, illogical, undemocratic and unthinkable. Talking to The Independent, he said it cannot go side by side with democracy in the country.
President of Gano Forum Dr Kamal Hossain said the government decision is contrary to the Articles 38-39 of the constitution.
“There should be necessary information and logic to impose ban on holding rally and meeting. The constitution didn’t give power to anyone to impose ban on holding rally or meeting without specific reason or logic,” he said.
Dr Kamal, also a constitutional jurist, said maintaining law and order is possible if the country is run in accordance with the constitution.
“The decision will deprive the people from their constitutional rights, he added.
The Article 38 of the Constitution provides “Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order :It also provided that no person shall have the right to form, or be a member of the said association or union, if- (a) it is formed for the purposes of destroying the religious, social and communal harmony among the citizens ; (b) it is formed for the purposes of creating discrimination among the citizens, on the ground of religion, race, caste, sex, place of birth or language ; (c) it is formed for the purposes of organizing terrorist acts or militant activities against the State or the citizens or any other country, (d) its formation and objects are inconsistent with the Constitution.
The Article 39 of the constitution provides (1) Freedom of thought and conscience is guaranteed, (2) Subject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence-(a) the right of every citizen to freedom of speech and expression; and (b) freedom of the press, are guaranteed.
-With The Independent input