The government plan to include opposition Jatiya Party lawmakers in the cabinet contradicts an observation of the High Court that terms such inclusion immoral and violation of democratic norms.
One Delwar Hossain had filed a writ petition with the High Court in 2006, challenging the legality of picking up ministers from the opposition, to form the government. “In a verdict, the then HC bench, led by Justice Mostafa Kamal, observed that staying in both the government and the opposition is totally immoral and against the norms of democracy,” Awami League leader and veteran
parliamentarian Suranjit Sengupta said.
“A party cannot stay both in the government and the opposition at the same time,” Sengupta told The Independent, referring to the HC observation in the Delwar Hossain versus state case.
Sengupta said, in the verdict, the then High Court Justice Mostafa Kamal had observed that staying in both the government and the opposition at the same time is immoral, unconstitutional, and against democratic norms.
Speaking to The Independent, eminent jurist, Barrister Rafique-ul Huq, said the move by the government to form the government by picking up JP lawmakers in cabinet is unthinkable. “It would be unethical, if the government goes ahead with the move,” he said.
The move to include the opposition in the government also triggered serious debate in the ruling party, as several AL leaders expressed their opposition publicly.
Addressing a discussion meeting on Friday, senior AL lawmaker Suranjit Sengupta vehemently slammed the move saying, “We want a strong and solid opposition party that will help the government with constructive criticism.”
If everyone wants to be ministers, then who would be working for democracy, he asked. A strong opposition will safeguard democracy and it should play a constructive role both in Parliament and out on the streets.
He also said the Jatiya Party could not help in the proper functioning of democracy, if it stays in the cabinet with the government.
AL presidium member and communications minister, Obaidul Quader, also said that the JP should not take part in the government. “The JP should play a constructive role as the opposition in Parliament, to ensure better functioning of democracy,” he added.
After the landslide victory in the January 5 general election, which was boycotted by the BNP-led 18 Party Alliance, the ruling AL plans to include some JP lawmakers in the cabinet, which will be formed on Sunday.
The Jatiya Party, which won 33 seats in the polls, emerged as the main opposition party.
Courtesy of The Independent
