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A rejoinder to Mr. Kibra

Justice Latjfur Rahman
***while seeking reform of the caretaker system for future parliamentary election, it was not necessary on the part of Mr Kibria to make a desperate attempt to belittle me. After the frustrations from the election results in 2001, the Awami League adopted a political strategy of vilifying the caretaker government under me to mislead people at home and abroad about its popularity, veiling thereby its misdeeds (criminality, corruption and terrorism) which were intolerable to the well meaning voters.***
I have reluctantly decided to write this rejoinder to Mr. Shah AMS Kibria's write up published in The Daily Star on 23 November 2004 entitled, "Reform the caretaker government law before the next general election.*
At the outset, I want to say that I have no comments to make on the idea of reform of the caretaker system as it is a matter purely within the domain of the parliamentarians and the politicians of Bangladesh.
The tenor of Mr. Kibria's article as it relates to my advisers and myself looks like a deliberate product of malice and ill-will. First, Mr. Kibria, a former diplomat, finance minister and presently a member of the Parliament from the Awami League has exhibited his uncharitable and unkind frame of mind. In his article he has used the name of Justice Habibur Rahman twice, the name of Justice Hasan three times and my name four time. Surprisingly, he has used the term 'Justice' before Habibur Rahman and Hasan, but before my name he has just written "Latifur Rahman". We three were former Chief Justices of Bangladesh.
In my case, the omission of the word 'Justice' was obviously delib-
erate and purposeful. It clearly shows to the readers his ill-will, wrath, hostile and immature political mental frame.
Now coming to the question of selection of ten advisers by me, Mr. Kibria wrote, "Latifur Rahman behaved as if he was an elected prime minister and could select his cabinet". Here again, Mr. Kibria demonstrates the lack of knowledge of the principles of the consti-
tution under which the elected Prime Minister in fact chooses members of the cabinet. The nation knows that his party was badly embarrassed when various scams in the stock-exchange took place under the technocrat finance minister. Article 58(c)(8) of the Constitution reads as under:
"The Advisers shall be appointed by the President on the advice of the Chief Adviser".
Thus the Chief Adviser is fully
empowered to appoint his advisers provided the appointment satisfied provisions of article 7(c) (7) of our Constitution. It is the prerogative of the Chief Adviser and the President is to act on the advice of the Chief Adviser. As a matter of fact, on the basis of the Constitution, I was also not required to seek advice of any political party in appointing my advisers.
Incidentally, I may also mention
that two lists of names were sent, one by the Awami League and other by the BNP for formation of the council advisers. President Justice Shahbuddin Ahmed told me that similar lists were also sent to the President by the Political Parties in 1996, general election. The President forwarded those lists to me perhaps for the fact that he also received lists in his time, although there was no provision in the present constitution for sending such
lists to the Chief Adviser. I would painfully go out of the way to disclose now for the information of Mr. Kibria and the nation that two gentlemen were selected by me from the list of the Awami League. It occurs to me now that since Mr. Kibria was not elected to the Parliament in 1996, the Awami League leaders did not consider it fit to take his views in preparing the said list. Mr. Kibria also made an oblique
reference with regard to neutrality of the advisers by saying, "not the type of group selected by Latifur Rahman". May I ask-what about those two advisers selected from the list of the Awami League? Were they not good type of people in the opinion of Mr. Kibria? Mr. Kibria's remarks about advisers, by and large, are indecent and smack of disrespect for Awami League nominees also.
Further, Mr. Kibria wrote, "the
advisers be selected in a balanced way on the basis of consultation with both sides". This observation is contrary to the mandate of the Constitution and it is a figment of imagination of the author. I also fail to understand what the terms "both sides" mean. There are other political parties besides the two big political parties, namely, the Awami League and the BNP. A person who believes in democratic culture
cannot forget the importance of political parties of any size.
A bureaucrat suddenly turned into a politician can hardly get along with the essence of democracy. This phenomenon is the cause of a major crisis in Bangladesh politics at the moment.
To remind Mr Kibria I may mention that on 01 March, 2001 after I retired as Chief Justice of Bangladesh, Justice Shahabuddin Ahmed of his own accord told me that as
hn-' Tt.'oi »t»eq< 'i'f'i ’fOfl
per the Constitution, I would be the Chief Adviser.
The President of the Republic (a nominee of the Awami League) further told me that Awami League would be happy to see you as Chief Adviser. In the same breath, he let me know that BNP’s acceptability may not be as cordial as that of Awami League.
Further. I like to say that while seeking reform of the caretaker system for future parliamentary election, it was not necessary on the part of Mr Kibria to make a desperate attempt to belittle me. After the frustrations from the election results in 2001, die Awami League adopted a political strategy of vilifying the caretaker government under me to mislead people at home and abroad about its popularity, veiling thereby its misdeeds (criminality, corruption and terrorism) which were intolerable to the well meaning voters.
The writer is a former Chief Justice and Head of the last caretaker government.
The Daily Star invites its readers to write in and share their views on this vital national issue.