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Grounds for detention weak, says Moudud

Ershad had extra-marital ties with 18 women: AG

By Staff Correspondent
Jatiya Party Acting Chairman Barrister Moudud Ahmed said on Thursday that deposed President Ershad had many other options to stay on in power.
Ershad . Moudud said, had Instead handed ovy power through constitutional means
Moudud defending Ershad. who has challenged the grounds of his detention in the High Court, pleaded for Ershad saying that the grounds of his detention. served on December 12. IWO. were very
Earlier the Attorney General AminuI Haque in his affidavit before the Court as part of evidence of corruption by Ershad gave a long history of Ershad the wavs he used to usurp power and the lies lie told about his persona! and public Me
The Attorney General tn his affidavit also named IA women with whom Ershad maintained extra marital relationships or had kept as his concubines
The Attorney General tn his affidavit however said that the grounds of arrest were quite relevant and that the detention was very necessary to establish the rule of law
Barrister Moudud Ahmed in his argument challenging the grounds of arrest said that Ershad had considered the declaration of the three al Hances
Though he liad many other options to continue in power he showed respect to constl tutlonal rule and handed over power to a neutral person, chosen by the three major al Hances
Barrister Moudud said that there was no constitutional ba sis to Installing the Chief Justice of a country as Vice-President. But II was done through an eatra-eonstitunonal means
He said that the appoint me nt of Justice Shahabuddtn as Vice President and his activities would have to be ratified by Parliament for which a bill had already been introduced
At this stage Justice Anwarul Haque Chowdhury presiding over the Court said that the ratification would be an act of indemnity Moudud Ahmed replied In the affirmative
Pleading for Krshad. Moudud Ahmed further said that there was no countrywide movement against Ershad and that on|y the people of urban areas had agitated against his government But aa Ershad wanted a peaceful solution to the crisis he decided to step down and onteat the election In a free and (air atmosphere.
But Moudud Ahmed said. the caretaker government served an order for Ershad's arrest on, December 12 after his Interview with the British Broadcasting Corporation (BBC) on December 10
Moudud said that the government did not have any mandate for such an arrest. At this stage Justice Anwarul Haque argued that one dues not need the consent of the people In carrying out a revulu Uon.
Justice Anwarul Haque further said that the French Revolution was the greatest revolution in the history of mankind.
But after that revolution the revolutionaries chose a dictator like Napoleon Bonaparte to meet the ends of the revolution. There was no consent of the people In general to carry forward the revolution In France, he added.
He Justified this saying that to carry forward a revolution one need not have one lakh people, as it was stated in the petition that 'even one lakh people did not demonstrate against Ershad."
Justice Anwarul Haque further said that even 100 or 1000 people were enough to topple a regime or carry forward a revolution.
Moudud Ahmed further submitted that Ershad had a fair mind and he expected a fair deal. But there was no Judicial act under which he was put in detention.
Moudud Ahmed further said. The grounds are so vague. so uncertain and indefinite that tt ta not possible to make any sense out of them’
I Ie said the grounds were very weak.
He further submitted that the responsibility of the government was to protect Ershad but not to out him behind bars or put him in preventive custody, if the prevailing circumstances were so grave
At this stage Justice Anwarul Haque raised a point that In the grounds of arrest the government took up the 'previous activities' of the accused for consideration which was mentioned In the letter on the grounds of arrest.
Moudud Ahmed said that the previous activities meant the assumption of power in 1982. But he questioned, if Ershad had not been appointed Chief of Staff how could he be able to Impose Martial Law In 1982? _
At this stage Justice Anwarul Haque Chowdhury said that Ershad had said that . he was called by Justice Sattar to take over power.
At this stage the hearing was adjourned for ten day
US judicial expert witnesses proceedings
Judicial expert from the United States Michael J Remington yesterday witnessed the hearing on the writ petition challenging the grounds of detention of Ershad at the High Court Division of the Supreme Court.