Victory for Sheikh Hasina: HC epoch-making judgment
Few incidents in recent past indicate the affirmation of old saying "DHORMER KOLL BATASHA NORA". Yesterdays HC epoch-making judgment was the last one in that nature.
The other significant one was exchange of words with reporters and Azam J Chowdhury the plaintiff of the case against Sheik Hasina that the high court verdict quashed today. Little over a week ago meeting with the press Azam J Chowdhury clearly stated he did not brought any complains against Sheikh Hasina Ex Prime Minister and the President of Bangladesh Awami League at any time whom he never meet. Reaffirmation of his earlier comments came true during last weeks of trial proceedings against defendant Sheikh Hasina. When court asked Azam J Chowdhury to identify the persons against whom he brought charges of extortion of 3.0 crore BDT on June 13 of 2008 with the Gulshan police station. Inquire by the court; Azam J Chowdhury identified only Sheikh Fazlul Karim Selim the co-defendant of the case though Sheikh Hasina was present in the court.
In a landmark judgment Wednesday February 6th, the High Court (HC) declared illegal the government sanction for trying ex-premier Sheikh Hasina in an extortion case under the Emergency Power Rules (EPR) and quashed the entire trial proceedings. Blue print of military backers of Dr. Fakhruddin's caretaker government to cancel out Sheikh Hasina the daughter of democracy from upcoming election and Bangladesh
Unquestionably, HC verdict was an epoch-making, redeeming the image of the higher judiciary and establishing the supremacy of the Constitution. The verdict was a bold stand against injustice in the name of so-called justice. Government prejudice against the democratic institution never came so shamelessly barefaced.
Emerging from the court Barrister Rafiqul Huq, top counsel for Sheikh Hasina, told reporters "It's not only a victory of Sheikh Hasina but also of the rule of law restoring the rights of people and supremacy of the Constitution," he said, adding that people will remember forever this judgment.
High courts epoch-making landmark verdict made this clear for once and all the truth always prevail and gave an unambiguous judgment not just declaring the trial against Sheikh Hasina under Emergency Power Act (EPR) illegal but invalidated/quashed the case proceedings against Sheikh Hasina. Some highlighting points observed by the HC Division comprising Justice Shah Abu Nayeem Mominur Rahman and Justice Shahidul Islam, which delivered this verdict at 12:08pm of this historical February 6th 2008.
1. There is no such law which can suspend or imperil the inheriting right of the court derived from the constitution which mandate the court making decision of giving bail to any person which it deems right. Emergency Power Act of 2007 nullifying courts prerogative right of providing bail to its seekers was nothing but violation of constitution.
2. The court in its observations said trial of an offence committed before promulgation of the Emergency Power Ordinance 2007 could not be held under the Emergency Power Rules (EPR).
3. It further noted that the Constitution and existing laws do not permit holding trial of an offence under a law taking retrospective effect.
4. "The government did not consider the gravity of the offence, rather considered the importance of a person, which the law does not permit. There is no such provision in the law."
5. The court said the Constitution allows cases to be tried under the EPR for incidents that have taken place after imposition of the state of emergency. "EPR cannot be applied to pre-emergency incidents by any means."
6. According to the provisions in articles 31-35 of the constitution, none of the rights of a citizen, including the right for bail, can be curtailed by promulgating any act during the state of emergency.
7. Sections 19(Gha) and 10(2) in the EPR have restricted the power or right of the court, including the SC, to grant bail, which contradicts with the provision for bail ensured in sections 497 and 498 of the Criminal Procedure Code (CrPC). The court said these sections even entrust the court with the power to grant bail in case of non-bailable offences.
8. The emergency rules that have restricted the court's authority to grant bail also contradicted articles 31-33 and 35 of the constitution.
9. Regarding the government's sanction for inclusion of an offence for trial under the EPR, the court observed that an offence could not be considered having public importance based on the offender's personal standing and social status.
10. The court also said the purpose of the state of emergency must be kept in mind before considering the importance of an offence.
Aftermath of epoch-making judgment:
Attorney General Fida M Kamal and Additional Attorney General Salahuddin Ahmed rushed to the Chamber Judge's Court to file the appeal with the SC, seeking stay on the judgment. Attorney General went to chamber Judges Office with same prayer but the judge declined their prayer and sent it Supreme Court full bench. Unfortunately, it proved again the CG could not find its way out of haze puzzle, which it put itself inn.
Now the ball goes to Chief Justice Mr. Ruhul Amin's full bench of appellate division where almost all HC verdicts made upside down in previous months under the DGFI guidance.
Earlier last year, following a writ petition on behalf of Hasina the High Court granted her bail in the case. The HC also ordered the government not to bring the trial under the EPR. Following a petition filed by the government challenging the HC order, the SC stayed it. Later in January this year, Sheikh Hasina filed another petition and the HC stayed proceedings of Azam J Chowdhury's case until disposal of the rule over bringing the case under the EPR. Nevertheless, the SC stayed the HC order following a petition by the government as predictable by all observers witnessing the trend.
Rumors on the wall, Chief Justice has no option other then surrendering to Munkir-Nokir DGFI wish list which holds file of his corrupt past. There is no way to verify this, therefore I will give him benefit of doubt and hope the high court judgment will prevail this time. Supreme Court must remember that they are the keepers of people's faith as the last resort for the people seeking justice.
One may whimper reading my grievances, why so harsh word against the Chief Justice or the system of justice? Why so harsh word against the government? Why not let the law take its own course? To all those who still naively thinks the matter lies with the true justice this is what I have to say.
Current Caretaker government of Dr. Fakhruddin who came into power on January 11th after the political fallout received the overwhelming support from all quarters of life including almost all political party accept the immediate beneficiary of wholesale corrupt Jamaat BNP four party alliance. The entire nation accepted this government in light of doctrine of necessity though the government itself was unconstitutional. On the very first speech to the nation, Caretaker Government Chief Dr. Fakhruddin laid simple universally acceptable agenda of his government which now known as Road Map to National Election.
1. Work to establish rule of law
2. Work to ensure a level plain field for free, fair, transparent national election
3. Drive against corruption aiming free and fair election (Nirmoho)
4. Drive against black money aiming free fair election
5. Make all governmental institution viable to function independently toward conducting a free and fair election
People had high hopes and aspiration about Dr. Fakhruddin government. However, government failed to understand the people's aspiration and soon started catering orders from the powerbrokers that installed them in power and unfortunately forgot the real support base of the government, the people!
The civilian façade of the caretaker government started falling off and more and more it becomes evident of a den of military junta. The cocoon of all terror that is terrorizing Bangladesh
Instead of CG adviser's cabinet making decision on national issue, DGFI manufactured wish list turns out to be more persuasive.
Foreign master's blue print transcript dictates their intellect. The psyche of the government changed from people government to an autocratic nature who wants to dictate the course of the nation cogently to something that he thinks fighting fit.
True democratic collectiveness replaced by irrational overbearing authoritarian role
Citizens of the country thought the true rule of law will be prevail but what they got are nothing but matter of convenience for the powerbrokers.
People thought, vindictive nature of the government will die down but what people experienced in last one year is the resurrection of vindictiveness in many fold more.
Our citizens desire was law of the land will not be banded for eliminating political opponents, as there is no political opposition to non-political caretaker government. Hah, government put in detention close to hundred thousand plus citizens a large number of whom spending their life behind the bar with no charge even after a year past by. Sued, eighty thousand unnamed citizens during the DU unrest. Fifty thousand unnamed garment worker being sued for demanding their legitimate right. Thousand of farmers went into hiding after CG brought legal proceedings against them for demanding fertilizer. Jute mill workers put in jail and thousands harassed by law enforcing agency for demanding their salary. Shattered our lower courts system, which now writes verdict dictated by the backers of the government.
We thought press freedom will get a new wing of independence, print and electronic media will be considered as friend rather than foe but experience tells us just the opposite happening. Restriction, restraint and control become the way of life. Blind folded journalist taken to cantonment for writing about irregularities of the government reminds us the days of Pakistan
People thought non-partisan caretaker government would unite the nation in this crossroad ahead of us to give it a true direction with utmost sincerity. Regrettably, CG took the high road of dividing the nation more then anytime before by taking self-destructing policy of either you with us or against us.
The government will act as enabler to bring our political forces together to form national consensus creating harmony avoiding all past discord craft a stepping stone toward a spanking new journey to usher a prosperous epoch. Unfortunately non-political caretaker government especially military backers opted to put into operation the discarded policy of divide and rule. Minus one, minus two, minus three at one point transformed into the obvious, minus everyone except us not realizing it splint them setting the alarm clock that is now ticking towards the doomsday.
I will remind the court and the players who are playing behind the court to understand the in-depth meaning of the word enough is enough. Free Sheikh Hasina and all political prisoners before it is too late. Stop all other conspiratory court proceedings against Sheikh Hasina. Declare the election date instantaneously. Withdraw emergency rule immediately. Set the date of national dialog with all political parties without more ado to discuss election matter as well as seek advice from political parties on all burning national issue such as price hike on essentials such as food, farming prerequisites, power shortage, educational needs, challenging Monga in north Bengal . Take measures to generate national harmony and reconciliation, which will guarantee unnatural unwelcoming disagreement, which peril our nation for decades.
Vindictive mindset of this government must be changed and rule of law must prevail for everyone. It is behind schedule but not impossible to start a new journey for this government otherwise they must face the people the supreme power of the land who will sing "BICHAR POTI TOMAR BICHAR KORBA JARA AJ JEGECHA SHAI JONOTA" to bring the downfall of caretaker government and anyone who wants to protect them.
Sincerely
Shamim Chowdhury
Maryland, USA
Email veirsmill@yahoo.com
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