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Armed Forces Div was responsible for army deployment

Secys say on by-poll contempt charge

JulfikarAu Manik
The principal secretary to the prime minister and the defence secretary have denied violating High Court (HC) orders and committing a
contempt of court and said the Armed Forces Division was responsible for deploying army in aid of civil administration.
The PM's Principal Secretary Kamal Uddin Siddiqui and Defence Secretary KM Ehsanul Haq made the claims in their replies to a July 12 HC rule, which are to be submitted to the court by today.
The rule was served on them for their alleged violation of a July 29 HC order. The HC directed them and two other officials to deploy the necessary number of army personnel at each polling centre on the election day of Dhaka-10 prestige by-poll.
TH Khan, lawyer for the respondents, told The Daily Star last night the affidavits of the replies of the two secretaries were completed on Tuesday. He added these have been sent to the lawyer for Bikalpa Dhara Bangladesh candidate Abdul Mannan who filed the contempt petition against four top government officials for violation of the HC directive on army deployment.
MK Rahman, the lawyer for the petitioner, acknowledged receipt of the replies and observed the top government officials cannot duck their responsibility for army deployment since they exercise executive power of the state. If they want to duck responsibility, then they would have to say in clear terms who are the people responsible for the contempt of court.
Two other respondents -- Home Secretary Omar Farooq and Acting Principal Staff Officer of Armed Forces Division at the Prime Minister's Office Brigadier General Iftekhar Illias Rasul -- are yet to send their replies to Mannan's lawyer till yesterday.
The HC will hear the case on July 24.
Quoting the rules of business, Kamaluddin Siddiqui said, "The responsibility for deployment, control and coordination of the Armed Forces in aid (of) civil power lies with the Armed Forces Division (AFD) and accordingly, the official files/papers emanating from the AFD is directly dealt with and never through Principal Secretary/ Secretary/ any other officer of PM's office.
"That the Principal Secretary, PM's office has nothing whatsoever
to do with the deployment, control and coordination of armed forces in aid (of) civil power; that indeed, it is not neither his work nor (is) he supposed to know anything about (it)," Siddiqui contended.
He claimed that he was not responsible for the army deployment and that he was not involved for committing contempt of court for disobedience of the June 29 HC directive.
The defence secretary, also quoting the rules of business, said, "...deployment of armed forces in aid (of) civil power is the responsibility of the Armed Forces Division, not the Ministry of Defence."
".It is abundantly clear that the secretary, Ministry of Defence is in no way responsible, nor has he any jurisdiction over deployment of armed forces and as such the question of contempt of court by the secretary, Ministry of Defence does not wise," his reply said, denying the allegation of his committing contempt of court which he termed 'motivated' and 'unfounded'.
The High Court bench of Justice Abdul Wahhab Miah and Justice Zinat Ara issued the contempt rule on July 12 on the four government officials and asked them to submit their replies in 10 days.
It also asked the Election Commission (EC) to submit a report on whether army personnel were deployed at each polling centre in line with its directive. Sources said the EC has prepared the report and would submit it today.