Why is Law Advisor Hasan Arif coming under suspicion and could this
affect the holding of free, fair and credible elections?
The honesty and integrity of the Law Advisor Hasan Arif was recently
challenged in op-ed pieces published in 'Amader Shomoy' and 'Prothom
Alo.' While I have tended to vehemently disagree with the editorial
policies of these newspapers I have found myself in general agreement
with the opinions expressed on the Law Advisors competence and
honesty. The issue was raised in reference to the appointment of
almost 20 Assistant Attorney Generals (AAG's) and 2 Deputy Attorney
Generals (DAG's) with several more likely to be appointed in the
coming days and will also include judges chosen for elevation to the
High Court Division. According to inside sources the appointment of
the 20 AAG's occurred without the normal procedures being followed or
the necessary vetting by the security agencies. It may be argued how
it is possible for the Law Advisor to act so independently during a
period of national emergency and under the constant supervision of the
military. This will certainly create doubts on the viability of
holding free, fair and credible elections under the caretaker
administration of Fakhruddin Ahmed.
It may be observed that many of the appointees to the AG Office are
close associates of Hasan Arif and Dr. Kamal Hossain and many appear
to have allegiance to the left leaning 14 party alliance. The present
Attorney General is a direct junior of Dr. Kamal Hossain and several
lawyers attached to his chamber now occupy an office in the AG
building but to what objective or purpose still remains unclear. The
appointment of Hasan Arif as Law Advisor similarly came as a surprise
to many lawyers in the High Court and has come under some scrutiny as
it was not properly vetted nor the advice of security agencies sought
on the issue. It may be recalled that Hasan Arif was dismissed as
Attorney General during the last BNP government after spending less
that two years in the post. If it could be convincingly argued that
the recent appointees to the AG Office are highly competent and fit to
fill the post of AAG than the procedures may be relaxed or set aside
(their being already a dearth of qualified candidates) but it appears
that many are completely incompetent or are politically affiliated and
therefore disqualified under the present selections criteria for
appointment after the 1/11 changeover. In light of all this, I am of
the opinion that prior to the elections being held a few of the
advisors should be investigated and their decisions reviewed or
overturned if found unreasonable, irrational or illegal. The charges
brought against Justice Fazlul Haq for massive corruption while he was
advisor should not put beyond belief or credibility the view that the
same underhand activities may be recurring under the present caretaker
administration.
In regard to the situation prevailing in the AG Office, the moral
degeneration of that institution occurred during the tenure of the
previous Attorney General, Barrister Fida Kamal, who earned a
notorious reputation for his escapades and was eventually dismissed
for his role in undermining the standing of the Office. New
allegations are now appearing of corruption within the AG Office
especially in reference to the high profile cases of politicians,
bureaucrats and businessmen. It also appears that certain lawyers in
the employ of the ACC have been playing a highly dubious and suspect
part in these developments. It also appears that certain officials of
the ACC have been deeply involved (or interfering) in the compiling of
lists for recruitment to the AG Office and judiciary although it is
beyond their competence, expertise and jurisdiction. The ACC's
involvement in the appointments process for the AG Office will
necessarily raise questions concerning conflict of interest issues and
also more importantly on its impartiality and neutrality.
These allegations against the Law Advisor, AG Office and ACC clearly
defeats the entire purpose of 1/11 and puts in doubt the program
implemented so far by the caretaker administration. It also allows any
political party to raise objections about the progress towards
elections of which the legal process will play an increasingly
important part over the next few weeks as several important cases will
be heard and which will likely determine the fate of elections and
also the future course of Bangladesh.
--
MBI Munshi
Facebook ID - Mohammad Munshi
------------------------------------
[Disclaimer: ALOCHONA Management is not liable for information contained in this message. The author takes full responsibility.]
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