Justice Hasan's option

His defenders including the Law Minister argued that Justice Hasan displayed impartial performance in his judicial career and there is no reason to believe that he will not be able to do the same in performing his functions as the Chief Advisor. Two serious flaws appear in this defence. One is the factual reality that Justice Hasan can never satisfy the spirit and substance behind the constitutional requirement, based on his past association with the BNP, that he is a neutral person, at least by appearance. Second, that despite not being a neutral person he can discharge his duties impartially as Chief Advisor is a mere hope and expectation which may not be a sufficiently reliable basis for his acceptance by the opposition which has threatened to initiate a mass movement the day he accepts the job. It also needs to be noted that the context, considerations and challenges involved in judicial decision-making are far different from decision making in governing a country in a complex and volatile election time.

Justice Hasan needs to review the situation carefully taking his personal needs and the interests of the nation. He is fully aware of the judicial canons of neutrality and the official criteria of impartial behaviour, both in substance and in appearance. It is unfortunate for him that his past is standing in the way of serving his nation at a critical moment. But we all have to live with our past. The present government should have thought that Justice Hasan would have difficulty in fulfilling the spirit and substance of the constitutional requirement and could possibly have avoided such embarrassment for him as well as for the nation.

The practical problem that will emerge is how he will be able to run the government when the opposition parties with at least over 40 percent popular support(based on last elections) do not cooperate with him in doing his job. Besides, a perception of the cloud of partiality will always colour the assessment of his actions by the political parties and people. Because of being conscious of such perception, he himself may face real difficulty in taking balanced and correct decisions in the interest of free and fair elections.

For all these reasons and non acceptance of his selection and possible violent non-cooperation by opposition parties, the honourable thing for Justice Hasan to do is to decline the offer to become Chief Advisor and preserve his dignity.