As I read the incoherent interviews of veteran policy makers such as Mr. Asafuddowla, as well as comments from Bangladeshis about the legitimacy of CTG and the legality of its actions, I feel that a discourse is completely absent from this mindless finger-pointing. It's a cyber mob that has lost its status quo, and wants its time in the limelight to protest against the "unfairness". It is convenient for Mr. Dowla and his peers to call CTG unconstitutional. I am not surprised. This is the same group of CSP officers who wanted to "sanitize" Muslim League principles and implement in our democracy. Fortunately for the next generation, these CSP officers, stuck in pre-1971, are a vanishing bunch and their 15 minutes of fame is up.
In my view, whether we agree with the tactics that were used or not, CTG was well within in its authority to do whatever it did. That is, of course, as far as the constitution is concerned. The behind the closed-door negotiations and brokering that occurred is just smart politics, and does not have to have any constitutional relevance. This is my unqualified argument for the CTG, and no, I was never paid a dime by anyone to write this.
Section IV, Article 58(D) says "The Non-Party [CTG] shall discharge its functions as an interim government and shall carry on the routine functions of such government....except in the case of necessity.....its shall not make any policy decision." Article 58(E) also states that "[CTG]...shall give to the [EC] all possible aid and assistance that may be required for holding the general election of members of parliament peacefully, fairly and impartially." (Emphasis Added) CTG has the authority of a functioning government, and as far as precedence, CTG is well within its executive authority to make any decision it pleases. There are two points of contention here; a) Was the emergency rule a "necessity", as defined in the constitution? and b) Did CTG overstep its authority?
My argument is that "yes", an emergency rule was a necessity in order for CTG to aid EC to hold general elections "peacefully, fairly, and impartially". I am not going to get into discussing the downfall of the BNP regime, but I am sure millions of Bangladeshis welcomed its departure. It also became apparent that in the environment created by BNP, EC could not have held elections in a peaceful and fair manner. So, if the CTG felt that it was a "necessity" for the "peaceful, fair, and impartial" general election, emergency rule was very much constitutional.
When the former president decided to appoint himself as the acting Chief Adviser of the CTG, the conflict of interest necessitated an intervention and it became apparent that a fair election was not viable at that point. It was a necessity to declare emergency and dismantle the power structure. The former president himself, by his very act, violated the constitutional requirement of a "non-party". When CTG came to power, in the absence of a president, the chief adviser was able to, and constitutionally authorized to act as the head of state. In effect, the chief adviser was an ex officio prime minister and the president.
As the ex officio head of the state, the chief adviser believed that the country was too politically and economically unstable for a general election. Our constitution authorizes the Head of the State (i.e. president) to declare emergency rule in the Emergency Provisions, Part IXA, Section 141A, which states, "If the President is satisfied that a grave emergency exists in which the security or economic life of Bangladesh, or any part thereof, is threatened by war or external aggression or internal disturbance, he may issue a Proclamation of Emergency". (I have problems with the use of "he" in this clause. It assumes that the president shall always be a man. I digress.) Furthermore, the Ordinance Making Power, Chapter III, Section 93, of the constitution states that "At any time when [Parliament stands dissolved or is not in session], if the President is satisfied that circumstances exist which render immediate action necessary, he may make and promulgate such Ordinances as the circumstances appear to him to require, and any Ordinance so made shall, as from its promulgation have the like force of law as an Act of Parliament".
Considering the political strife and the total anarchy that ensued the fall of the BNP government, it is also safe to say that "internal disturbance" threatened the "security and economic life of Bangladesh" and that it was a prudent decision for the acting head of state (i.e. chief adviser) to declare "state of emergency". Any president or head of state, whether appointed, elected, or of the care-taker government, is well within his/her constitutional authority to proclaim a state of emergency, and those say otherwise are simply unaware of the constitution or its applications.
I have always said that the emergency rule of CTG was a necessity, but CTG failed to make any long-lasting institutional change in our current socio-political setting. It just held the fort, but didn't create one. But CTG and its actions were within the realm of the constitution, and those who keep whining about the "unconstitutionality" and "unfairness" of the CTG need to realize that they cannot always eat and have the cake too.
Cyrus Zulkarnaian Kazi
New York
From: maqsud omaba <maqsudo@hotmail.com>
To: alochona@yahoogroups.com
Sent: Tuesday, February 24, 2009 2:08:53 AM
Subject: RE: [ALOCHONA] We have always been under military control
" Do you think the two-year emergency rule was constitutional?
The interim government was absolutely unconstitutional and unlawful. How can you continue a state of emergency for two years, keeping suspended the rights and liberties of the people? Do you know how much I personally suffered? My son lost his job; my daughter, who was the deputy attorney general, lost her job just because I was considered by that regime to be too vocal and critical; because I spoke too strongly and loudly."........... ....Mr. asfuddowla, ex-Secretay.
Mr. Dowla, what did you do...for the people of Bangladesh while enjoying prestigious public posts?
How many times you protested..about so many inefficient, corrupt, dangerous ex- CSPs...and other senior
officials, who looted money and later made a second career by sucking the toes of political leaders.
You talk about democracy and human rights. What type and quality of democracy and human rights we practise in
Bdesh?
Is it not time for all the ex-CSPs and other ex- senior officials to spend some time and energy through
community work? And provide opportunities to other younger, brighter, more talented people?
While you were in office, you spent all your time to procure land in the best residential area+ to build
a palace with stolen money.
How many policies you created that had been helpful for community development and healthy economy?
Have you ever said " THANKS"...to ordinary Bdeshis...for enjoying govt. scholarships. ..that are offered
regularly to Bdeshi public servants by various international organizations?
No, none of you did. You added some degrees to your name from foreign universities, stole money from public funds and sent your children overseas for education.
And we the morons, the general public, have not created a system of accountability from you people, the powerful,
ruthless, ill-mannered govt. officials.
khoda hafez.
dr. maqsud omar
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