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Onus now on politicians

Observe leading jurists

Staff Correspondent
Some eminent jurists yesterday said the politicians should now sit together to find out a solution to the problem regarding formation of a polls-time government.
They made the remarks a day after the Supreme Court released the full text of its verdict declaring illegal the constitutional provision for the caretaker government system.
In the verdict, the apex court said the next two general elections might be held under the caretaker system, but the members of the interim government must be elected representatives of the people.
Barrister Rafique-ul Huq said if the
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major political parties agree, even unelected persons can be picked for forming the interim government and later on they can be made elected from any constituency.
Both the ruling and opposition parties have elected persons, said barrister M Amir-Ul Islam. So there should not be any problem for forming the interim government.
"The prime minister and the leader of the opposition will now decide on this," he added.
Talking to The Daily Star over the phone from Bangkok, Dr Kamal Hossain said there is a scope for reviewing the apex court's verdict since some questions have been raised after the release of the full text of thejudgment.
He noted that he would make detailed comments on the verdict after going through it properly.
Constitutional expert Shahdeen Malik, however, observed there is no necessity for filing a review petition as parliament has already scrapped the 13th amendment to the constitution.
The amendment mandated an elected government to transfer power to an unelected non-partisan caretaker administration for polls-time on the completion of its term.
The political parties, he said, will have to hold talks in and outside of parliament to find a solution to the problem. "The ball is now in the court of the politicians."
Asked about the review petition. Attorney General
Mahbubey Alam said he did not receive any instructions from the government yet in this regard.
If the political parties reach a consensus on the issue, it will be possible to pick the chief of the interim government, he added.
Dr M Zahir said he feared whether the SC verdict has become ineffective as par-liament has already cancelled the 13th amendment.
TH Khan said as the constitution has been amended before the release of the full text of the verdict, the judgment has become a showpiece.
Former chief justice ABM Khairul Haque has lost his jurisdiction to write the judgment and sign it, since he retired on May 17 last year, he added.