Legal experts for ensuring rule of law

The constitution's promise of establishing rule of law in the country is not being kept, said legal experts at a discussion yesterday.

Addressing the discussion, former Supreme Court judge Justice Mohammad Abdul Matin sought to know if Bangladesh had been able to establish democracy and the rule of law as promised in the constitution.

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Citing examples of various countries about the power of courts and judges to uphold the rule of law, he expressed frustration at the atmosphere created in the country's judiciary after the Supreme Court scrapped the 16th amendment to the constitution last year.

“Today, the nation asks: Have we been able to fulfill the promise of establishing democracy and the rule of law? An election-centric democracy, a super powerful executive branch, a dysfunctional legislative as a result of Article 70 of the constitution and a trembling judiciary in the face of the onslaught by the executive over the cancellation of the 16th amendment to the constitution … don't all these prove that we have failed to keep that promise?” he said.

The roundtable discussion on rule of law was organised by Shushashoner Jonno Nagorik 

(Shujan) at the Jatiya Press Club.

Justice Matin added that the atmosphere in the judiciary was not what it should be.

“....We are not living under rule of law; rather we are living under law of the ruler.”

According to the Article 70 of the constitution, a lawmaker has to vacate his or her seat if he or she votes in parliament against the party which nominated him or her.

The government in September 2014 brought the 16th amendment to the constitution empowering parliament to remove judges. The amendment was challenged with the High Court.

The HC in May 2016 declared the amendment unconstitutional and void. The government challenged the verdict by filing an appeal with the Appellate Division of the SC which rejected the appeal on July 3 last year and upheld the HC verdict.

On both occasions, MPs in Jatiya Sangsad launched scathing attacks on the apex court for scrapping the amendment.

The government high ups including Prime Minister Sheikh Hasina and ministers slammed former chief justice SK Sinha, who later resigned from his post.

Noted jurist Dr Kamal Hossain said he did not believe that the government would be able to alter the Appellate Division verdict in the 16th amendment through filing review petitions as the full bench of the Supreme Court unanimously gave the verdict.

He said the government removed SK Sinha from his post by creating a situation which was regretful. This is tantamount to contempt of constitution as well as contempt of court, he added.

Barrister M Amir-Ul Islam, Badiul Alam Majumdar, Syeda Rizwana Hasan, Prof Asif Nazrul among others spoke at the discussion presided by retired Justice Kazi Ebadul Haque.