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Friday, October 2, 2009

[ALOCHONA] Re:Constitutional Amendment:No Amendment Without Mandate



Yes, I agree with the point brought in that the constitutional changes need to go through a debate to find all cons and pros to benefit the nation. However, the nation cannot and should not wait on the mercy of BNP-Jamaat to return to parliament to speak on this important national issue.

 

In my observation, BNP will not come back to parliament to discuss these extremely important national issues for few basic reasons. They might come back to parliament here and there for a day or two to protect their seat by not going over 90 days of nonattendance in the parliament, which automatically annul the seat.

 

Internal power politics within BNP is in such a bed shape that joining parliament is almost impossible for them unless something miracle happens. It is not the question of how many seats in the front row rather who will seat where next to who is the focal BURNING QUESTION for BNP lawmakers. Until they can figure out who will be there Deputy Leader, who will seat on the left, and right or on the back of Mrs.Khaleda Zia, their coming back to parliament is uncertain. Their claim on additional front row seat is just a tactic they are following to create smoke screen to conceal their real internal problem. In last parliament (2001) where Awami League bagged 62 seats got 5 front row seat in the parliament and never quarreled on that, BNP having little over 30 seats in 2008 (which is half of what AL got in 2001) election got the same number (5) front row seats, then why they crying to their death! Answer is simple, it is not the seat but its own internal power clash which is restricting BNP to return to parliament.

 

BNP-Jamaat is still under jolted shock from last election result where people rejected them. Until they complete their shock therapy, they feel shy to show their face in the parliament.

 

The constitutional parliament has overwhelming power given by the people of Bangladesh to act upon the very interest of Bangladesh , and Awami League government wants to exert that power vested upon them by the people. BNP understand very well about the power of peoples mandate therefore they wants to create barricade exerting non parliamentarian way in particular violence, conspiracy and trickery using religion, so called Bangladeshi nationalism, cheap anti Indian slogan, total backwardness, extreme backbiting etc.

 

BNP was born from the helm of illegal un-parliamentarian Martial Law regime by Gen Ziaur Rahman, the first military dictator in the history of Bangladesh . All the actions Gen. Zia has taken to wipe out the pillars of our solemn constitution which we earned through sacrificing millions was inline to satisfy those defeated forces of our liberation war. I like to put few basic logic why I believe BNP does not believe in parliamentary politics and peoples rule.

                                                                                                                          

BNP-Jamaat (Hannan Shah is one of them) is talking about need for a national consensus and even need for referendum to change the constitution or to reinstate the glories of 1972 constitution. If they realy believe on what they saying then why they opposing the High Court verdict, delivered on Aug 29, 2005 (during Jamaat-BNP axis regime) scrapping the Fifth Amendment which was made through pen stoke of two General (Gen. Zia and Gen. Ershad) under Martial law proclamation and latter ratified. If BNP really believe what they say, then they have to withdraw their opposition against High Court judgment nullifying the 5th amendment. If they condemn Gen. Zia and Gen. Ershad for making such unconstitutional amendments of our constitution without proper course of law then people will accept the genuineness of their claim else not

 

BNP-Jamaat always plays with things that they themselves do not abide by. Example, they want trial of tragic incident of BDR bloodbath to go through regular court rather then special speedy trial. According to BNP no one can get sound judgment from those trail courts, here is the fallacy.

 

It is the BNP Jamaat who enacted the Speedy Trail law during their regime, now they claiming non-functional.

 

Trial of rebellion against Gen. Zia government where Gen. Zia was killed went under court martial (camera trial) and all 19 accused (most of them freedom fighter) where found guilty and hanged to death. All of this took only hours to deliver. (Just for the record, trial of Zia killing never took place though BNP came thrice in the power) No trial lawyers of choice, No journalists, no national or international observers where allowed to monitor the trial. We all know the trial took place under BNP government and they claim justice served. Now this is the same BNP claims, open trial in speedy court cannot function justly where national, and international jurists and journalists, observer from human right organizations and most importantly every accused will have their choice of lawyers and ample of opportunity to clear themselves of not guilty.

 

However, BNP-Jamaat will evade the parliament for how long is any body's guess. People believe the government powered by peoples mandate should not wait but deal with all the odds head to head and bring it to its end, reinstate the constitution of 1972 if not literally then to its essence of a country united by its culture, heritage and historical deep rotted ethnicity rather then religion. People of Bangladesh are by nature pious whether they follow guidance from Holly Quran, Holly Geeta, Holly Bible or Holy Tripithok but believe in universal equal rights for all with aspiration to live side by side with brotherly hood and harmony and thrive as a nation.

 

I tend to believe there are numerous people among BNP with common sense and a sense of goodness who will come forward to exert their influence to make BNP decision in favor of returning to parliament to give their input for the sake of the country and make parliament center of our democracy and all decision making process. Jamaat will try to influence BNP not to go to parliament where they been uprooted from, but it is BNP's interest to go back to parliament and make the debate on national issue. I certainly hope BNP will be able to break its gridlock on internal fierce power sharing struggle and rise above extreme partisan politics of going against the government even if that causes the country to loose.

 

Sincerely

Shamim Chowdhury

Maryland, USA



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--- In khabor@yahoogroups.com, "S A Hannan" <sahannan@...> wrote:



Constitutional Amendment : No Amendment Without Mandate


News papers have reported that the  BNP secretary general, Khandaker
Delwar Hossain, on Friday said the Awami League was planning to do away
with the caretaker government system by amending the constitution as it
wanted to cling to power by vote rigging.'Awami League wants to clear
the way for its retaining power by vote rigging and that's why they are
planning to scrap the caretaker government system. But the people will
not accept the move,' he said.Delwar also found no rationale for seeking
suggestion of the Law Commission for amendment of the constitution. He
said the ministry concerned could take initiatives in this regard and
the issue could be discussed in the parliamentThe BNP leader came up
with the views while talking to newsmen at his Armanitola house in Old
Town of Dhaka on Friday.The minister for law, Shafique Ahmed, on
Thursday said the government had initiated a move to 'update the
constitution' by bringing 15th amendment with changes in various
provisions, including the ones related to the caretaker government,
tenure of the parliament and the local government systemDelwar said the
Awami League and Jamaat-e-Islami had jointly forged a movement in 1996
for introduction of the caretaker government system and it was
introduced as per section 266 of the constitution and by consensus among
all parties. He said four general elections had taken place under the
system although the last election was the 'result of conspiracies at
home and abroad.The BNP leader said any amendments to the constitution
had to be made on the basis of an all-party consensus after discussion
in the house. Besides the opinion of the majority in the house, opinion
of the public should also be sought before amending the constitution, he
added.'No changes to the constitution should be made unilaterally,' he
said.Delwar, however, welcomed the comments of LGRD minister Syed
Ashraful Islam that the proposed amendments would be made after
discussion among all parties.Delwar said the BNP would return to the
house and take part in discussion on the issue if an environment was
created to enable the party to join the parliament. 'Create the
environment and we will join the parliament session,' he said. In
response Sajeda chowdhury said that BNP had made many amendments that
the original constitution can not be recognized.
We feel that no constitutional amendment can be made for such change in
the constitution for which Awami League has not taken specific mandate
in the election.For instance scrapping caretaker government and change
in the Islamic character of the constitution ( provisions regarding
faith in Allah as first pillar of the constitution and  Islam as state
religion. We have said before that Awami League is committed to the
Quran and Sunnah whatever be the reason and as such they can not take
such steps. State religion is there in many democratic countries with
simultaneous guarantees .This is also the case in Bangladesh. Care taker
system is not against democracy when it is approved by the people For
the present there is no option for this because of our extremely poor
political culture which is declining by the day .Sajeda chowdhury's
comment is inappropriate  Any body can realize this if they look into
introduction of BAKSAL or one party government in 1975 .We think we
should not play blame game in such a vital issue.

--- End forwarded message ---





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