Ershad rules out any trial against him
Jatiya Party Chief Hussein Muhammad Ershad has said that no one could make him face trials. "Those who are asking for my trial, has not read the High Court verdict properly" he said.Ershad said this while discussing the High Court's verdict on the 'seventh amendment to the Constitution' with bdnews24.com at his Rangpur residence Sunday noon, following a meeting with the Prime Minister.
Pointing out that the verdict had legalised all the good initiatives during his regime and forgiven the rest, he said, "There is no scope to put me on trial."
On August 26, the High Court declared illegal the 7th amendment that had legitimised the autocratic regime of Ershad. Following the verdict, Ershad met with PM Skeikh Hasina Sunday. Jatiya Party is one of the major allies of the coalition government in power. Jatiya Party presidium members Kazi Firoz Rashid said, "Hussein Muhammad Ershad met the PM and discussed on ways to strengthen the grand alliance."
Meanwhile, talking to UNB eminent jurist Anisul Huq said former President HM Ershad could be brought to justice under the Army Act 1952 on charges of 'mutiny and insubordination', as the military ruler usurped power overthrowing the President, the supreme commander of the defence services of Bangladesh.
The offence (mutiny and insubordination), under Section 31 of the Army Act, was punishable by death, he added.Mr Huq, a senior lawyer who specialises in criminal law, said that the higher courts' judgments on the 5th and 7th amendments of the Constitution that declared illegal the promulgation of martial law, made an identical observation that the military usurpers should be suitably punished.
The parliament may enact a law in this regard, he added, referring to the apex court judgments. As to how Ershad can be put on the dock, Anisul said neither the Constitution nor the existing Penal Code provided for this.There is no specific provision under the Penal Code to try and punish a military usurper.
Pointing out that the verdict had legalised all the good initiatives during his regime and forgiven the rest, he said, "There is no scope to put me on trial."
On August 26, the High Court declared illegal the 7th amendment that had legitimised the autocratic regime of Ershad. Following the verdict, Ershad met with PM Skeikh Hasina Sunday. Jatiya Party is one of the major allies of the coalition government in power. Jatiya Party presidium members Kazi Firoz Rashid said, "Hussein Muhammad Ershad met the PM and discussed on ways to strengthen the grand alliance."
Meanwhile, talking to UNB eminent jurist Anisul Huq said former President HM Ershad could be brought to justice under the Army Act 1952 on charges of 'mutiny and insubordination', as the military ruler usurped power overthrowing the President, the supreme commander of the defence services of Bangladesh.
The offence (mutiny and insubordination), under Section 31 of the Army Act, was punishable by death, he added.Mr Huq, a senior lawyer who specialises in criminal law, said that the higher courts' judgments on the 5th and 7th amendments of the Constitution that declared illegal the promulgation of martial law, made an identical observation that the military usurpers should be suitably punished.
The parliament may enact a law in this regard, he added, referring to the apex court judgments. As to how Ershad can be put on the dock, Anisul said neither the Constitution nor the existing Penal Code provided for this.There is no specific provision under the Penal Code to try and punish a military usurper.
http://www.thefinancialexpress-bd.com/more.php?news_id=110710&date=2010-08-31
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