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Caretaker govt can’t violate constitution

Sircar says local polls before JS elections unconstitutional

Staff Correspondent
Speaker Barrister Jamiruddin Sircar yesterday observed that local government polls cannot be held before the national elections say-ing it would violate the Constitution and existing laws.
“Holding local government elections before the parliamentary one is not permissible in the Constitution and law. According to the Constitution, the caretaker government will discharge its routine functions and assist the Election Commission to hold national polls," he said.
He added the caretaker government was an interim government, which cannot make any policymaking decisions.
"The caretaker government can enact laws relating to polls but can t violate the Constitution. The
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chief election commissioner is repeatedly saying that there is no restriction in holding the local government polls now. But there is no provision in the Constitution of holding these elections during the interim rule."
The speaker made the observations while speaking as the chief guest at a discussion on "Constitu-hon. Rule of Law and Democracy" organised by Islamic Lawyers' Council at the Supreme Court Bar Association auditorium.
He said the High Court (HC) has power to grant bail to women, juveniles, the infirm and the sick in spite of whatever there is in the Emergency Power Rules (EPR).
"There cannot be any law' which can restnct the High Court to grant bail to the people. The High Court has inherent powers to grant bail to people. The Supreme Court has to look into these matters. If any accused is seriously ill. he or she must be permitted to go abroad for treatment, if necessary. The Supreme Court cannot sit idle in this situation."
HM Ershad after taking over state power had claimed he was a professional soldier and would return to barrack after curbing corruption and terrorism. Sircar said But eventually Ershad himself had to languish in jail for five years for committing corruption, he added.
"I request those running the country to discharge their duties in accordance with the law. The government cannot halt the parliamentary elections in the name of removing corruption and terrorism. Corruption and terrorism can be uprooted after formation of an elected government through generalelections.'
Those whose deposit money was confiscated in past national polls are talking about a government of national consensus, but the people have no confidence on them, he added.
The speaker went on to say that 1/11 or the state of emergency is not beyond the Constitution.
"There are many things beyond emergency which should be considered. The Constitution has given me an extra bonanza that I will continue as the speaker of parliament until someone succeeds me after next elections. There is no other way of removing me from my office. So I must say something within the Constitution and law."
He also said democracy' was established in the country through a series of historical difficulties and WH3d’io ruriWc^M iff accordance with law to protect it.
Former chief Justice Syed JR Mudassir Husain, who presided over the meeting, said the SC and HC judges must discharge the judicial functions with honesty and integrity.
"When I was a judge, I have done my duties with honesty and integrity and I never thought to please or displease anybody. When 1 was the chief justice, my senior lawyer advocate Khandaker Mahbubuddin Ahmed once appeared in my court with a petition. But seeing that there was no legal point in that petition, I rejected it," he said.
He added the Constitution, rule of law and democracy are mutually related to each other and if one is violated, others are damaged too.
"Judge means justice and law means moral laws. The judges have to practise laws and at the same time have to consider the circumstances during dispensation of justice, " he added
Barrister Rafiqul Islam Mia observed that if EC can hold local polls without a final voter list, it should also hold the national elections.
"The EC wanted to create a reformed BNP in the name of doctrine of necessity, but their purpose was not fulfilled. There is no provision in the Constitution of doctrine of necessity. The EC has violated its oath. They will be tried in the court of the people," he added.
Barrister Abdur Razzak said the Constitution, rule of law and democracy are facing challenges and crisis at this moment.
"The caretaker government can't perform functions beyond its routine work, but it’s doing many things. This government is taking policymaking decisions. The politicians have to play statesman like role to face the crisis," he said.
Islamic Lawyers’ Council President advocate Nawab Ali, advocate Nazrul Islam, Dr Kazi Akhter Hamid, advocate Jasimuddin Sarker, advocate Giasuddin Mithu and advocate Fariduddin Khan addressed the meeting.