Parliamentary privilege is not for telling lies and maligning others
Khandaker Mahbub Hossain, Prof Muzaffar Ahmed and
Hafizuddin Khan
Hafizuddin Khan
Prof Muzaffar Ahmed, Trustee of Transparency International Bangladesh (TIB), yesterday told The New Nation, "The people, having the right of getting information, should enjoy the same to probe activities of the parliamentary committees. But, if disclosure of information is motivated, then we have to keep ourselves far away from their activities".
"Under the present democratic system, everyone should honour others and tolerate them", he added.
On last Tuesday, a sub-committee of the parliamentary standing committee on the Ministry of Housing and Public Works recommended action against former adviser to the caretaker government Barrister Mainul Hosein for an accident that occurred during the demolition of the Rangs Bhaban.
Barrister Mainul in a written statement said that he had not been given any opportunity of self-defence. He also termed the recommendation as politically motivated.Barrister Mainul earlier filed a writ petition with the High Court Division against the sub-committee's convener Nasrul Hamid Bipu challenging his eligibility to hold the position of a sub-committee inquiring into matters of real estate business in which he himself is associated. Barrister Mainul alleged that Bipu is incorporated with the real estate business; he is the vice president of REHAB. So, as per rules, he cannot hold the post.
As per section 188(2) of Rules of Procedure of Parliament, "No member shall be appointed to a Committee who has a personal, pecuniary or direct interest in any matter which may be considered by that Committee".
Formation of the parliamentary committees at the first session of the JS under the Mohajote government was praised but their un-parliamentary and beyond-jurisdiction activities are now drawing criticism embarrassing both the Parliament and the government.
Some members of parliamentary committees are abusing parliamentary privilege for maligning and intimidating adversaries.Experts are complaining that inquiries and reports some of the parliamentary standing committees are motivated to serve both personal and political interests.
The committees are disclosing their inquiry reports to the media even before those prove true and without giving the respondents the opportunity of self-defence. The parliamentary committees are being used to hold trial by press. But the rules say that the report should remain secret for use by the government till their recommendations are accepted.
Supreme Court Bar Association (SCBA) president Barrister Khandaker Mahbub Hossain said, "The standing committees are advisory bodies. As per rules, their duties are to investigate activities of the concerned ministries and just make recommendations to the ministries. What they are doing now is beyond their jurisdiction", he added."They are acting like separate inquiry bodies such as the Anti-Corruption Commission (ACC)" Khandaker Mahbub said.
As per rule 248 of the Rules of Procedure, "--- the functions of a Committee shall be to examine any Bill or other matter referred to it by Parliament, to review the works relating to a Ministry which falls within its jurisdiction, to inquire into any activity or irregularity and serious complaint in respect of the Ministry and to examine, if it deems fit, any such other matter as may fall within its jurisdiction and to make recommendations".
The rules provide, the committees can investigate functions of the ministry concerned and submit their inquiry reports to the ministries through the Parliament. Even, the reports are supposed to be considered secret matter before they are submitted to the 'House'.But in practice, reports of the committees are being published through the media even convening press conferences, which unveils the ill-motives behind the investigations, they alleged.
According to section 210 of the Rules of Procedure, "A Committee may, if it thinks fit, make available to Government any part of its report before presentation to the House. Such reports shall be treated as confidential until presented to the House".
Earlier, a sub-committee of the standing committee on Shipping Ministry demanded of having evidence of tender irregularities against former adviser to the caretaker government Abdul Matin. It recommended taking measures against Matin. But, the ACC later didn't get reality of the allegation, which questioned the committee's inquiry directly, sources said.
A parliamentary committee earlier accused former Speaker Barrister Jamiruddin Sircar of having different irregularities in the Jatiya Sangsad. It submitted a report to the parliament. Later, Jamiruddin Sircar filed a writ petition with the HC challenging formation of the committee involving the persons who raised allegations against him. The writ is now pending before the court, sources said.
Chairman of Parliamentary Standing Committee on Public Accounts Dr Mohiuddin Khan Alamgir recently asked the ACC to apologise for its two years' activities during the previous caretaker government.MK Alamgir had earlier summoned the ACC Chairman to appear before the parliamentary committee but the ACC chairman did not respond to the notice. He was sentenced to 13 years in jail in corruption cases filed by ACC.
Responsible quarters strongly protested the JS body chairman's remarks questioning his jurisdiction of asking ACC to apologise. They alleged MK Alamgir might have done it to take revenge against ACC.
The standing committee on Home Ministry recommended the sacking 313 teachers and doctors of BSMMU, who were appointed during tenure of the four-party alliance government, saying that it had got evidence of irregularities against them. But, a pro-BNP member of the committee gave a 'note of dissent' disclosing that the sacked persons had not been given the opportunity to defend themselves.
When his attention was drawn to these matters, former adviser of the caretaker government M Hafizuddin Khan yesterday said that, "Such types of work should not have been done by the committees."
"The standing committees will play an over-seeing role. If the committees work to serve personal or political motives, then that is not right; the committees will lose respect of the people", Hafizuddin Khan said.
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