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No legal bar to Hasina assuming PM office

Say SC lawyers

UNB, Dhaka
Dismissing TIB Chairman Prof Muzaffer Ahmad s contentions, some leading lawyers of the Supreme Court yesterday said there is no legal bar to Sheikh Hasina assuming the office of prime minister riding on an outstanding popular mandate.
The lawyers, including Supreme Court Bar Association (SCBA) President barrister Shafique Ahmed, Secretary Nurul Islam Suzan and former SCBA president Mahbubey Alam, said criminal cases against Hasina are pending with the court. She has not been convicted in any case by any court of law.
"In any civilised nation and in accordance with the International Human Rights Declaration, an accused in a criminal case is presumed to be innocent until the allegation against the accused is proved by a court," they pleaded to rule out the views of the chief of the local chapter of the international watchdog against corruption
The lawyers said the notion of’presumption ofinnocence' is applicable in the case of Sheikh Hasina who has emerged as an "uncrowned
leader" through the December 29 parliament elections.
This is also legally applicable for those who were released on bail and would be inducted into Hasina’s cabinet.
The lawyers said there is no difference between the release on parole or bail in the context wherein Prof Muzaffer made
the contentious remarks.
On December 31, Prof Muzaffer at a seminar said Sheikh Hasina, now on parole, should not take oath as prime minister until the pending cases against her are disposed of.
He also stated that Hasina should not distribute ministerial portfolios to those who were convicted or awarded jail terms or now free on bail from jail following the pre-election turnaround from a massive clean-up drive conducted by the interim regime after the 1/11 changeover.
With all respect to Prof Muzaffer, the lawyers said there is no link between his remarks and legal jurisprudence and law. "Since Prof Muzaffer is not a legal expert, his remarks are tantamount to misinterpretation of law," they said.
Other signatories to the statement include Shamsuddin Chowdhury Manik, SM Rezaul Karim, Enayetur Rahim. AM Aminuddin, MahbubAli, AFM Mezbahuddin. Momtaz Uddin Mehedi, Nahid Sultana Juthi, Hassan Foiz Siddique, Nizamul Huq Nasim, Obaidur Raliman Shaheen, Dr Belal Hossain Joy and Zead Al