***The Chief Adviser's address to the nation shortly following the address of the President on the 2Oth May is perhaps niosi noteworthy. His laudable and timely intervention saved the nation from a veritable catastrophe***

GiMMds J'

It to interesting. though not unusual at all. to note the two diagonally opposite views substantiating the claim for establishment of the present caretaker government To many, it is the culmination of a prolonged and arduous struggle of the general mass of people all over the country. The BNP government had to yield under pressure and finally acquiesced

To many others, the caretaker government was a product of the 13th Amendment to the Constitution passed in the 6th Parliament, in the ultimate analysis. Its constitutional status and legal sanction were accorded by the BNP government.

In retrospect, the movement for holding parliamentary election under a caretaker government was no doubt initiated by the erstwhile opposition members of the 5th Parliament. The argument advanced for it was that the BNP government had rigged by elections to vacant parliamentary seats and. therefore, cannot to trusted as fair administrator for Impartial elections in future.

This genera) allegation is difficult to Justify in logic, according to BNP supporters. Had the BNP been determined to rig votes as a matter of policy. victory of several opposition candidates in some parliamentary by-elections as well as in the two most vital may-oral elections In the cilies of Dhaka and Chittagong could not have been possible

The BNP. as everyone is well aware, did not accept the suggestion for a caretaker government initially. In its view, the proposed institution Is un-Srecedented as a democratic adition and negates the very principles of democracy. It is Interesting to note that some agreements or understanding reached among major political parties before the fail of the Ershad in 1991 evolving consensus on some future policies and actions also did not include the devise of a caretaker government. On the contrary, an informal suggestion by the Jamaat to provide for a caretaker government In future, reportedly, did not lind favour with the Awarnl League.

Subsequently, with the onset of a violent movement by

the opposition parties causing severe distress and enormous loss to the general people as well as grievous harm to the national economy’, the BNP agreed to the formation of a caretaker government. It was virtually a measure to arrest further degradation of the nation. To this end. it suggested various measures for return of the opposition MPs who had walked out of the Parliament, though on a minor ground, and finally boycotted the parliament. The return of the boy-cottee MPs would have enabled the parliament to take the necessary constitutional measure for establishing a caretaker government. The suggestions were rejected by the opposition.

The opposition s real intention then became clear. They did not want to follow the legal path of establishing a caretaker government and rejected the overtures of the BNP to participate In the enabling legislation to constitute a caretaker government. Instead, they chose the tools of hartals. seize and other methods, unfortunately in their nefarious and violent forms. The purpose ap-' peared to create nation wide turmoil designed to forcefully and disgracefully bring down the party In power by resorting to a movement in the name of creation of a caretaker gov ernment.

Numerous Efforts were made by various quarters for a compromises, but failed The most Important was Sir Ninian's mission sponsored by the Commonwealth. The veteran and internationally respe cted Australian leader spent almost two months in Bangladesh and through painstaking efforts and continuous dialogue with leaders formulated a solution. The BNP accepted, but the opposition rejected.

The opposition s destructive movement accelerated. In order to avoid further misery of the common people and thwart the heavy peril of the economy. BNP leaders, along with principal opposition lead ers. agreed to make a refer ence to the Appellate Division of the Supreme Court, seeking advice on the possibility of formation of a caretaker government through political con-

sensus The/ even proposed to draft the text of the reference jointly with others. All these activities and clandestine meetings took place at the residence of a skilful and popular Ambassador behind the scene and outside public knowledge and media glare. Minutes before they were to meet to finalise the arrangement, the Awaml League cancelled the meeting without assigning valid reasons.

The BNP subsequently went through the February election. boycotted by the opposition. and unilaterally passed the 13th Amendment enabling the formation of a caretaker government, the only agenda publicly declared as such, before the dissolution of the sixth parliament. As normally expected, the BNP government transferred power constitutionally to the caretaker gove-

nimcnT alter having completed the legitimate tenure of five years

The opposition s movement by now reached the highest pitch following the prolonged non cooperation movement. Including the unprecedented and most damaging closure of the Chittagong port. What characterised this movement and made It different from the spontaneous, voluntary and universal support generated by the Clarion call for peaceful non-cooperation by Bangaban-dhu Shaikh Mafibur Rahman in March. 1971. was unfortunately use of violent methods of intimidation, prevention, des truction and arson for realisation of Its goal

Crisis

The establishment of the present caretaker government is an important milestone In the march for democracy In Bangladesh. It came into being through a consensus of major political parties, committed to the accomplishment of the

principal task of the caretaker Kvernment that is to say to

Id a free, fair and impartial election.

In its limited mandate and short span of life, it is creditably making all possible endeavour with the cooperation of all political parties, in the process, it stumbled but never fell flat on the ground. If it did. hopefully it will not. all should come forward, help and make It stand.

Where did It stumble? Let us take the first case. Immediately after taking over power, the Chief Adviser addressed senior officers and declared to. the effect that public expression of solidarity with a political party or move ment by a public servant was , an offence, must be shunned and would not be tolerated Only a couple of days ago. a small number of senior public

servants had been seen to have been Involved in a political movement but. contrary to his preachings, in practice he did not take any ytlon. Ordinarily, such actions even of lesser magnitude would have called for disciplinary action Initiated by the government.

Being a former civil servant. I personally think that our senior civil servants would not ordinarily allow themselves to be dragged Into a situation df this nature, except under dress or unless they were obliged to go along for fear of being manhandlecT Evidently, the government glossed over the episode altogether and failed to take even taken action for violation of civil service conduct rules against at least one or two ring leaders. As a result, a dangerous precedent is being created, destroying a long-standing tradition of our glorious civil service. The failure of the government under a former Chief Justice to take appropriate action is difficult to justify for many. Whatever

may have been the motivation, it is evident that principles and Justice were ’sacrificed at the altar of expediency and undue caution

Then, the government took a bold decision to televise, for the first time ever, a pro-Canime commemorating the ending of the Mujibnagar government on the 17th April. The BNP viewed it as a policv decision, which does not normally fall within the purview of a caretaker government, resulting in bolstering the image of the Awami League only a few weeks before election. To add salt to the injury, the BNP found, to its consternation, abrupt cancellation of a pre-arranged television programme commemorating the death anniversary of Shaheed Ziaur Rahman on the 3Oth May The BNP was aggrieved twice and failed to get redress

As for the achievements, the Chief Adviser s address to the nation shortly following the address of the President on the 2Oth May is perhaps most noteworthy His laudable and timely intervention saved the nation from a veritable catastrophe. But for his astute direction and vindication of the legality of the Presidential actions in respect of some artmr officers, our valiant army could have been involved in a fratricidal bloodbath with perhaps no less severe repercussions among the civilians.

Another commendable and farsighted action taken by him was the categorical statement he made most recently that there Is only one government and dismissed any suggestion about existence of diarchy of power He asserted maintaining happy relations with the President This resolved doubts expressed by some and frustrated attempts by some others to vitiate pre election atmosphere.

The drive for recovery of unauthorised arms as well as prevention and control of terrorist activities is a principal domain of activities of the government. This is an Important fire requisite for holding a ree. fair and impartial eTec tlon The government has done a lot. but a lot more needs to be done to reach the minimum goal This poses the biggest

challenge not merely to the government but to the nation as a whole

Prognosis

It is difficult to foretell events. Notwithstanding tough election campaigns unleashed by all the parties, violations of the code of conduct devised by the Election Commission (EC) have not been too many, at least less than apprehended. The election atmosphere, except in some isolated cases, by and large have remained peaceful, though understandably marked with loud enthusiasm. It augurs well for the future.

The EC. unlike its predecessors. is better organised, equipped and funded. The members appear to be more active and dedicated to the cause for establishing a democratic tradition for a democracy loving people. Lot all extend a helping hand to them and to the government towards fulfilling their noble mission.

The recent events in the army no doubt, cast an ominous shadow on the present situation The apprehensions voiced in some quarters about causing some undue effect. In the event of publication of the report of the court of enquiry, appear understandable to many. One is given to understand that such reports are not generally made public, unless grave reasons exists to do so. We are sure the authorities will take due cognizance In this matter We would, on the other hand, render a great service to the army . to maintain its^ unity. Integrity and discipline " if we refrain from drawing it in the focus of a public debate Let the armed forces order their own house in accordance with their own rules, regulations and laws. We. the civilians. may not cast a probing glance, as we never had done before In similar cases.

Finally. It Is the people and our leaders on whom devolves the major responsibility as well as credit for being able to hold a fair election in a peaceful atmosphere If the leaders can come out before election with a declaration of some common programmes for the future, it would serve the national interest enormously. Let them rise to the occasion. Nothing will make the people happier.