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Govt's Legality

Deliberate bid to confuse people

Inam Ahmed and Shakhawat Liton
Opposition Leader Khaleda Zia's repeated assertion that the government has become illegal since yesterday (October 25), which she later revised to tomorrow (October 27), is nothing but a new strategy of the BNP to confuse people, create disturbance and more worryingly, to invite disobedience.
Her claim is nothing but untrue. But she is sticking to her wrong stance. First she made this claim at a rally of teachers and employees on Thursday. Then she repeated the claim at yesterday's rally. She did not give any logical explanation in support of her claim.
But the fact remains that Hasina's government is elected for five years (and so is parliament) and it continues until that time unless she loses in a vote of no-confidence. Her government was formed on January 6, 2009, and its five-year completes on January 5, 2014. So, in the first place, there is no way of calling her government illegal now.
Moreover, in parliamentary democracy the tenure of a government lingers as long as parliament exists. The present parliament has not been dissolved yet. According to the constitution, the Jatiya Sangsad may exist as long as January 24th -- the day the current parliament will complete its five-year term.
Besides, the constitution also permits the government to continue until the next new government is formed through election even if parliament is dissolved.
This government came to power on January 6. So if it exists until January 24, the government's tenure will be more than five years because the government's life
depends on the existence of parliament.
But this is nothing new. In fact, the last BNP-Jamaat government's five-year term was completed on October 9, 2006. But it remained in power until October 27, 2006, because then parliament completed its term on that day.
Since Khaleda has been making this strange and rather untenable claim, she is morally obliged and duty-bound to give us her explanation of the illegality of the government. And if she cannot explain, we can conclude that she is indulging in an extremely irresponsible power game.
Interestingly, Khaleda attended yesterday's rally as the leader of the opposition. Her car carried the flag of the opposition leader's and she received the security protocol accordingly. And according to the law, she is enjoying the status of a cabinet minister.
Then the question arises: why is she try-
ing to spread this untrue statement?
Khaleda in her yesterday's statement has also made it clear. She has asked the police, Rab, BGB and civil servants not to obey orders of the "illegal” government. There lies the essence of her claim.
The BNP now wants to create anarchy and confuse everybody including the law enforcers and civil servants. It hopes that if the civil administration and law enforcers defy the government, it would be easier for the BNP to achieve its goal. If the administration becomes weak, it would be easier for the BNP to militate in a fierce manner and wage its movement.
In planning so, it might have kept in mind what the Awami League did from October 27, 2006, with its 'logi-Baitha' (Pole and oar) procession. The whole country was then gripped by violence as the police and administration were paralysed.