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OPINION

Not Beyond Repair
The much talked-about ordinance called the Curbing of Terrorist Activities 1992 has been promulgated defying a strong plea made by a responsible section of the press, the people and internationally respected personalities of the legal profession against Its promulgation. We were confidently hoping that The Daily Star's leader "More Questions Raised than Answered" (September 16) was logical, thoughtful and forceful enough to persuade the government out of its too quickly hatched plan to promulgate it. We also thought that Dr Kamal Hos sain s sober advice to the President to send the ordinance, which he termed a black law, back to the cabinet would be seriously considered and heeded.
But apparently, shortsightedness, irrationality and maybe a certain motive triumphed over logic, pragmatism and political wisdom. So in an extraordinary show of haste and obstinacy the ordinance has been published In an extra-ordinary gazette knocking the people out of their wits.
The ordinance has come as an assault on the system of parliamentary democracy, on the Judiciary. on the constitution itself. No state of emergency has been declared, but the ordinance has been Eromulgated Ignoring and ypasslng the parliament where a bill dealing with the same problem Is under consideration. This ordinance looks like a legal weapon made in the factory of the cabinet rather than a piece of legislation passed by the elected sovereign legislature, and Is liable to be used against political opponents and innocent people.
Secondly, since the Judges of the tribunals will be ap pointed by the government and not by the Chief Justice, the ordinance constitutes a negation of the Independence
of the Judiciary which a democratic government is bound to honour by expediting total separation of the Judiciary from the Executive. It will be a mockery of the rule of law by which the government swears whenever an occasion arises.
Thirdly, the people have long been pressing for immediate repeal of the Special Powers Act of 1974. While assuring the people of keeping its promise to repeal the said Act, the government has really been using it. And now instead of repealing the Special Powers Act. the government has given the people an ordinance which could be infinitely more despotic than the former.
Fourthly, the unprecedented and sweeping powers giver under the ordinance to those concerned with curbing terrorism pose a threat of curbing the people's fundamental rights and subjecting them to more terrorism. The fear Is not unfounded that there may be no 'limit' to the abuse of 'unlimited' power.
What Is really needed Is not such an ordinance or a new law. but strict. Intelligent and effective enforcement of the relevant laws that are already there.
It is a desperate situation like the one tn which a beggar finds himself In front of a richman’s residence and its fierce-looking canine guard. Facing the danger he cries out: I don't want alms, str, Just check your dog.
Must the ordiriance be taken as a fait accompli? No taking notice of the general reaction the government can yet undo what 1t has done without losing face The gov ernment Is expected to know that "bad laws are the worst sort of tyranny" and that 'stubbornness ts not always a virtue". The people should not be forced lo yell — check your damned dog
Nafis Masud Eska ton. Dhaka