Amici curiae want revision of caretaker govt system

Senior Supreme Court lawyers Rafique-ul Huq and M Zahir on Wednesday told the Appellate Division of the Supreme Court that the caretaker government system should be revised by dropping the provision for appointing former judges as chief adviser or adviser.
The system of holding national elections under the caretaker government is still a necessity but it needs to be revised in the interest of the democracy and the judiciary, they maintained.
They came up with the opinion as amici curiae during the hearing in an appeal filed by three Supreme Court lawyers in 2005 against a High Court verdict delivered in 2004 declaring lawful the 13th amendment to the constitution that made the provisions for forming non-party caretaker government in 1996.
Rafique suggested that, before dissolution of the parliament, the ruling and the opposition parties in the parliament should nominate three or five people eligible to become chief adviser of the caretaker government.
The three last retired chief justices will nominate one person from the panel as the chief adviser and the chief adviser will appoint other advisers from two panels of 10 people each recommended by the ruling and opposition parties, Rafique added.
He also suggested that there should be a mandatory provision for the caretaker government to hold the general election within 90 days from the dissolution of the parliament.
‘This is required to avoid a situation like the 1/11 of 2007, when a military-controlled interim government grabbed the power and had held onto it for two years in the name of holding parliamentary elections within 90 days,’ he argued.
Rafique also suggested strengthening the Election Commission like its counterpart in India.
He said, the armed forces, the police, and the Boarder Guard of Bangladesh would be under the control of the president but they would be deployed as per the decision of the EC.
M Zahir in his argument came up with opinions and suggestions similar to that made by Rafique.
But, Zahir said, three months before of the end of the parliament’s tenure, the treasury bench and the opposition each would nominate a panel of five members of parliament as 10 advisers to the caretaker government headed by the president.
He said the general elections would have to be held within a month from dissolution of the parliament and the voters’ roll would have to be updated before that going house to house. He also suggested introduction of electronic voting system.
Zahir argued that, if the caretaker government was reconstituted in that manner, it would be free from the objection that it was comprised of unelected people.
Such a provision for forming caretaker government exists in Australia, he mentioned.
Both the counsels, however, termed the present caretaker system undemocratic and against the spirit of the constitution.
Rafique cited a recent example of a junior judge of the Appellate Division being appointed the chief justice, superseding his senior colleagues, and suggested that no judge should be appointed as the head of the caretaker government as ‘there is always apprehension in the mind of the people that justice “X” is protecting the interests of the party in power only because he wants to be the chief justice and the last retired chief justice before the general elections’.
The chief justice, ABM Khairul Haque, agreed with Rafique’s argument, saying, ‘It [the people’s perception] is really embarrassing for us.’   
Rafique, however, argued that the caretaker system was still necessary but in a ‘reconstructed manner as the party in power or the main opposition party was not behaving in a proper manner’. ‘They are criticising each other without any respect for each other,’ he remarked.
The court will resume the hearing today with senior lawyer Amirul Islam making his arguments.

 

Courtesy of New Age

Related News

All 9 stations along Uttara-Agargaon line of Dhaka metro rail are now operational

News Desk : dhakamirror.com Two more stations have been added to the MRT-6 route, Dhaka’s first metro rail, which now connects all of the stops along the Uttara-Agargaon line. On Friday at 8:30 am, the Shewrapara and Uttara South platforms opened for service. All stops along the route are now accessible to travelers. “Passengers began ... Read more

2 companies will provide internet service to 2,600 unions

News Desk : dhakamirror.com In order to provide high-speed internet links in 2,600 unions throughout Bangladesh, the government has given the jobs to Summit Communications and Fiber@Home. A draft public-private partnership deal for revenue sharing with the providers of internet infrastructure was approved yesterday by the Executive Committee of the National Economic Council (ECNEC). The ... Read more

UNOs can’t serve as upazila chief executive officer

News Desk : dhakamirror.com The High Court yesterday scrapped the provisions in a law that gave sweeping powers to upazila nirbahi officers to act as the chief executive officer and secretary of upazila parishads. Delivering a verdict on two writ petitions, the HC at the same time ruled that the terminology “Upazila Proshason” cannot be ... Read more

Air pollution causes 20% of premature deaths in Bangladesh: WB

Air pollution is responsible for about 20 percent of the total premature deaths in Bangladesh, says a World Bank report. The report titled ‘Striving for Clean Air: Air Pollution and Public Health in South Asia’ mentions that air pollution is liked to 20 per cent or one in every five of total premature deaths in ... Read more

Moon not seen, Ramadan begins on Friday

News Desk : dhakamirror.com The holy month of Ramadan, when Muslims engage in self-purification through fasting and abstinence, begins in the country from Friday as the new crescent moon was not sighted in Bangladesh’s night sky this evening. The National Moon Sighting Committee took the decision at a meeting held at the Islamic Foundation’s Baitul ... Read more

Saudi Arabia confirms first day of Ramadan 2023

News Desk : dhakamirror.com Saudi Arabia announced Thursday, March 23 as the first day of Ramadan 2023. Observers were unable to spot the new moon on Tuesday, the sighting committee reported, meaning the holy month will not commence until Thursday. Wednesday will be the last day of the month of Shabaan, which precedes Ramadan, the ... Read more

Sculptor Shamim Sikder dies

News Desk : dhakamirror.com Ekushey Padak awardee sculptor and former professor of Dhaka University Shamim Sikder died this afternoon. She died around 4:30pm while being treated at the United Hospital Limited in Dhaka, Imran Hossain, a curator of Shamim Sikder Sculpture Park, confirmed. The 70-year-old artist was suffering from multiple illnesses, including cardiovascular, respiratory and ... Read more

Hajj flights begin on May 21

News Desk : dhakamirror.com This year’s hajj flights will start on May 21, Biman’s Managing Director and CEO Shafiqul Azim said today. The return hajj flights will begin on August 2, said the Biman boss during a press conference at the Biman Headquarters in the city’s Kurmitola this afternoon. The national flag carrier will operate ... Read more

No scope to curtail this year’s hajj airfare: Biman CEO

News Desk : dhakamirror.com Biman will not slash this year’s hajj airfare despite calls from different quarters, including the religious affairs ministry and a parliamentary watchdog, for reducing the ticket price. There is no scope to curtail the hajj airfare, said Biman’s Managing Director and CEO Shafiqul Azim during a press conference at its headquarters ... Read more

Madaripur road accident claims 19 lives

News Desk : dhakamirror.com At least 19 people were killed and over a dozen injured as a bus fell into a roadside ditch at Kutubpur under Shibpur upazila in Madaripur district on Sunday morning. Identities of the deceased could not be known immediately. The accident took place minutes after 7:30am on Sunday, said Madaripur Highway ... Read more

Rainfall is predicted to rise during the following 3 days

News Desk : dhakamirror.com Rainfall or thunder showers may increase in the country in the next 72 hours, Bangladesh Meteorological Department said in a forecast today. The 24-hour forecast issued at 9:00am said that the trough of westerly low lies over West Bengal and adjoining area and the seasonal low lies over the South Bay. ... Read more

Hajj registration: Deadline extended ‘for the last time

News Desk : dhakamirror.com The government today extended the deadline for hajj registration “for the last time” amid concerns that the quota for the annual pilgrimage won’t be fulfilled. According to a circular of the Religious Affairs Ministry issued this evening, the deadline for hajj registration has been extended till March 21. In the circular ... Read more

2 more Metrorail stations open to public from today

News Desk : dhakamirror.com The Kazipara and Mirpur-11 stations of the country’s first-ever metro rail service was opened to public this morning. Metro rail has started picking up and dropping passengers at the Kazipara and Mirpur-11 stations.For all latest news, follow The Daily Star’s Google News channel. MAN Siddique, managing director of Dhaka Mass Transit ... Read more

This hajj package inhuman: High Court

News Desk : dhakamirror.com The High Court today said this year’s hajj package is inhuman as its cost is so high. Those who are involved in fixing this costly hajj package will become sharers of the sin, the HC bench of Justice KM Kamrul Kader and Justice Mohammad Ali during the hearing of a writ ... Read more

Woman dials 999 to surrender after killing husband

News Desk : dhakamirror.com A woman from Rajapur upazila in Jhalakathi called the National Emergency Service 999 early Monday claiming that she had killed her husband. Safia Khatun, 33, called the hotline-999 to surrender to the law after killing her husband autorickshaw driver Rabiul Awal Talukder. Emergency service call operator Constable Ikramul, who received the ... Read more

Fire Service, 9 people to receive Swadhinata Padak 2023

News Desk : dhakamirror.com The government has choosen 9 individuals and one institution for this year’s Swadhinata Padak (Independence Award), in recognition of their outstanding contributions to the country. The Cabinet Division has issued a notification in this regard on Thursday (9 March). Six recipients of the award freedom fighter Colonel (retired) Samsul Alam, Lieutenant ... Read more

Sehri and Iftar times for Ramadan 2023 released

News Desk : dhakamirror.com The Islamic Foundation released the timings of Sehri and Iftar for holy Ramadan on Monday. The holy month of Ramadan is expected to begin on March 24, subject to viewing the moon, according to the schedule published by the Islamic Foundation on Monday. It also said that the list of timings ... Read more

Bangladeshis are eligible to obtain dual citizenship in 44 more countries

News Desk : dhakamirror.com Bangladeshis will also be able to obtain citizenship in 44 countries, including Brazil and Argentina, following the approval of a proposal by the Cabinet. Currently, the Bangladeshis who acquired citizenship in 57 countries are enjoying this facility. With the addition of 44 new countries, those having citizenship from a total of ... Read more

A woman dies from pregnancy or childbirth every two minutes, UN report says

News Desk : dhakamirror.com Despite maternal mortality rates declining by a third in 20 years, a woman dies every two minutes from complications related to pregnancy or childbirth, according to a report released by the UN on Thursday. Rates dramatically decreased between 2000 and 2015, but between 2016 and 2020, they mostly stagnated, and in ... Read more

SSC exams to begin on 30 April

News Desk : dhakamirror.com This year’s Secondary School Certificate and its equivalent exams will start from April 30, about two months later than the usual time, due to the fallout of Covid-19 pandemic. Usually, during the pre-Covid period, SSC exams began in the first week of February. Chairman of Dhaka Education Board Tapan Kumar Sarkar ... Read more