constitution
BNP welcomes HC verdict scrapping part of 15th Amendment
The BNP on Thursday welcomed the High Court verdict that scrapped part of the 15th Amendment to the Constitution, as the party said it has recognised that an elected parliament is the appropriate forum for constitutional amendments.
"We welcome and appreciate this verdict," BNP Secretary General Mirza Fakhrul Islam Alamgir said while addressing a press conference at the BNP Chairperson’s office in Gulshan.
The Court recognised that the next elected parliament will be the only appropriate forum for amending the Constitution, he added.
When asked whether their party had achieved what it wanted from the court's verdict on the 15th Amendment, the BNP secretary general said they had submitted various proposals as intervenors during the hearing, but he noted that the court did not fully consider their proposals.
Earlier on Tuesday, the High Court scrapped part of the 15th Amendment to the Constitution that had abolished the non-partisan caretaker government system and also issued various observations.
Internet shutdown was as per Hasina’s directive: Palak
Explaining the High Court verdict, BNP Standing Committee member Salahuddin Ahmed said the apex court acknowledged that Parliament holds the jurisdiction to amend the Constitution.
He said all the things that truly undermined the basic structure of the Constitution, the principles of democracy, and altered the character of the Constitution were declared unconstitutional and illegal by the court.
Salahuddin said the court also paved the way for reinstating the caretaker government system, recognising it as a fundamental aspect of the Constitution.
He said the verdict also reinstated Article 96, which pertains to the Supreme Judicial Council, as well as the provision on referendums.
Salahuddin said the court annulled some clauses that the Awami League had introduced as political tools.
The BNP leader said the fascist Awami government had declared almost a third of the constitution unamendable, which were nullified by the verdict.
"The Constitution is not such a document that cannot be changed... the court declared those provisions invalid and abolished them. The Supreme Court has the authority to interpret all laws passed by Parliament if they contain unconstitutional elements. The court has left the remaining matters to Parliament, possibly because it may have felt that there are political decisions to be made here," he said.
The BNP leader said the next politically elected Parliament will decide on all amendments.
Later, Mirza Fakhrul said all elections, including the local body ones, held under the fascist Sheikh Hasina government were illegal.
CA’s election statement disappointing, says Fakhrul
He said their party earlier repeatedly called upon the interim government to dissolve all local government bodies. "All were dissolved except for the Union Parishad. We demanded that it should also be cancelled immediately."
In response to a question about whether the BNP wants to put former Chief Justice ABM Khairul Haque on trial for his involvement in the process of illegally amending the Constitution, the BNP Secretary General said, “When the opportunity comes, he will definitely be brought to justice."
2 days ago
Justice Obaidul Hasan takes oath as 24th Chief Justice of Bangladesh
Justice Obaidul Hasan took oath today as the 24th Chief Justice of Bangladesh.
The president administered the oath at 11 am at the Darbar Hall of Bangabhaban, witnessed by the president's wife Dr. Rebecca Sultana, Cabinet members, former chief justices, judges of both the Appellate and High Court divisions, heads of the three services, principal secretary to the prime minister, the attorney general, and Supreme Court lawyers, including SC Bar Association leaders.
Cabinet Secretary Md. Mahbub Hossain conducted the ceremony.
The president made the appointment as per Article 95 (1) of the Constitution on Thursday as the outgoing chief justice retired on the day.
Chief Justice rails against US visa policy on last working day
Hassan, a senior judge of the Appellate Division, was appointed the chief justice on September 12.
Obaidul Hassan was appointed as an additional judge of the Supreme Court’s High Court Division in 2009 while his appointment was confirmed as a permanent judge in 2011.
He was elevated as a judge in the Appellate Division on September 3, 2020.
Hassan was born on January 1, 1959, at Chayashi village under Mohanganj upazila in Netrokona district to Dr Akhlaqul Hossain Ahmed and Begum Hosne Ara Hossain.
Hassan was appointed as the chairman of International Crimes Tribunal-2 on March 25, 2012 and in his capacity as the head of that court, also known as War Crimes Tribunal, until September 15, 2015, he pronounced 11 verdicts.
Denial of Bangladesh genocide weakens claims for justice and redress
Obaidul Hassan is married to Nafisa Banu, who currently serves as Member (Finance) of Bangladesh Export Processing Zone Authority’s Board of Directors. The couple has a son, Barrister Ahmed Shafquat Hassan.
Obaidul Hassan's younger brother Sajjadul Hassan is a parliament member (MP) from Netrokona-4 constituency while he previously served as a senior secretary at the Prime Minister's Office (PMO).
Obaidul Hassan initially obtained his graduate and postgraduate degrees in economics from Dhaka University prior to studying law and made his debut as a practitioner in the Dhaka District Court in 1986, and got his enrollment in the High Court in 1988.
He became an Appellate Division lawyer in 2005 and was appointed as an assistant attorney general and deputy attorney general for 5 years from 1996 to 2001.
Justice Obaidul Hassan to take oath as country’s 24th Chief Justice on Sept 26
As a Supreme Court judge Obaidul Hassan joined several international legal conferences in different countries including Hong Kong, Singapore, Netherlands and Argentina.
He led the Bangladesh delegation to an international crimes conference in Buenos Aires in 2015 and in the same year he attended a views exchange meeting with the International Crimes Court and the International Crimes Tribunal judges in The Hague.
Obaidul Hassan authored several books including 'Obornonio Nirmomotar Chittro Ekatturer Buddhijibi Hotyakando O Onnanya', 'Bangabandhu Bangladesh Ekjon Juddho Shishur Golpo O Onnanya' and 'Bangabandhu, Rabindranath O Oshamprodayeek Bangladesh'.
1 year ago
Election won’t be held as per anyone’s prescription: Quader
Awami League General Secretary and Bangladesh's Road Transport and Bridges Minister Obaidul Quader today (July 02, 2023) said that the country’s election won’t be held as per anyone's prescription. It will be held according to the constitution, he said.
He came up with the remarks while talking to journalists in the conference room of the Road, Transport and Highway Division at the Secretariat on the first working day after the Eid-ul-Azha holidays.
“The election in Bangladesh won’t be held as per anyone's prescription; it will be held following the constitution, keeping an election-time government like other democratic countries in the world,” he said.
Read: Quader not budging from vow to hold elections in line with constitution
Asked whether there is "foreign intervention" regarding the election, Quader said that no one is intervening, perhaps some are giving suggestions and sharing thoughts.
“Many (foreigners) talk about fair elections, and we are listening. We will listen and accept suggestions, but there is no need to be concerned. We won't follow anyone's directives,” he said.
“The government wants BNP's participation in the election... We want a participatory election in the country,” the Awami League general secretary said.
Read: GM Quader wants permanent arrangement for fair elections
The minister also suggested that those who raise questions about the 2014 or 2018 elections in Bangladesh should concentrate on their own countries’ democracy.
The minister claimed that journey during Eid-ul-Azha was comfortable, as during Eid-ul-Fitr this year, due to initiatives taken by the government.
Read more: People have no confidence in country’s electoral system: GM Quader
1 year ago
Inu proposes formation of parliamentary body to review constitution
Jasad President Hasanul Haque Inu today proposed formation of a parliamentary committee to review the constitution — to remove the issues that conflict with its fundamental principles.
He proposed to make the Prime Minister the head of that committee and include members from all political parties represented in the parliament.
He made the proposal while participating in a discussion on the motion brought by the parliament on the occasion of the golden jubilee of the Jatiya Sangsad.
Parliament Leader and Prime Minister Sheikh Hasina on Friday moved the motion.
Harshly criticising BNP-Jamaat, Inu said that BNP and Jamaat, who “practice corrupt politics”, have threatened to completely change the constitution with their so-called 27-point and 10-point demands.
He said that BNP is still talking in favour of their misdeeds committed after 1975.
“BNP is talking about Bangladesh, but there is Pakistan in its heart. BNP is actually Pakistan's proxy player in Bangladeshi politics,” he added.
Inu said that BNP wants to “destroy the constitution and bring back the razakars in politics.”
The former information minister said that the Prime Minister gave more importance to the formation of a sovereign government after returning to the country.
“The history after that is the history of Sheikh Hasina's leadership… history of Sheikh Hasina's success. She was able to bring back the parliamentary system,” he said.
The president of Jasad, a partner of the 14-party alliance, said that Sheikh Hasina took the flag of unity in the face of all criticisms and formed 14 parties and grand alliance in 2008, canceling the “Minus 2” theory and bringing the strength of the Liberation War to power with a massive number of votes.
Inu said that the Prime Minister is moving forward with the plan to make the country ‘Smart Bangladesh’, which requires modern administration and a more participatory democratic parliamentary system.
Read more: Bringing any party to election is not government’ responsibility: Minister
He said a parliamentary committee should be led by Sheikh Hasina to amend the constitution by taking into account the proposals that are being discussed in the political arena through a more participatory system.
He suggested: “Amending Article 70 by excluding the No Confidence Bill and Finance Bill and the important Defense Bill, giving MPs more power to make laws, opening up the standing committees of parliament, establishing full authority of all local government representatives and amending Articles 59 and 60 of the Constitution.”
He advocated for compelling the state to implement universal healthcare, education system, food system and social security system and the right to universal access to the internet as a fundamental right of the constitution and review the appointment and impeachment of judges.
“The state has no gender, religion,” Inu said.
Consideration should be given to abolishing what is in conflict with the basic structure of the constitution, he said.
“I propose formation of a special committee headed by Prime Minister Sheikh Hasina to review the constitution with all the political parties that have representation in the parliament,” he added.
1 year ago
Constitution’s 15th amendment stopped illegal grabbing of power: PM
Prime Minister Sheikh Hasina on Tuesday said the 15th amendment to the constitution has strengthened the country’s democracy and empowered the people to decide who will go to power by stopping the path of unlawful capture of the state power. “Stability has been prevailing in the country since the 15th amendment to the constitution leading to the long continued democratic process. So, nowadays no unelected person can capture state power illegally,” she said.
Read more: Let’s stand firm by Palestinians: PM Hasina urges Muslim Ummah
The premier was addressing the oath-taking ceremony of the newly elected mayor and councillors of Rangpur City Corporation at her office here in the city.
The 15th amendment, passed by the parliament on June 30, 2011, made some significant changes to the constitution including the one that ended the illegal take-over of power.
She said the apex court had declared illegal the seizure of state power by issuing martial law after violating the country's constitution and this has ensured the voting and democratic rights of the people of the country.
“We have strengthened the country's democracy by bringing (15th) amendment to the constitution following the declaration (the apex court verdict). This democracy is meant to reinforce the power of people and empower them to decide who will or won’t go to power,” said Hasina.
But, the empowerment of the people has become a matter of heart-burning for a section of so-called intellectuals as they never come to power through the people’s votes, she said, adding that they have been trying to disturb the democratic process time and again.
Read more: ‘Bangladesh couldn’t have achieved this level of development without continued democratic trends’
“They, who are never to be elected by people’s vote and fear to face the masses, have inner burning due to this reason, “she added.
The PM reminded all that the Awami League government was the only one in the history of Bangladesh, which handed over the power peacefully on the completion of its 1999-2001 tenure.
She, however, mentioned that the transparent ballot box and preparing electoral rolls with photographs had been introduced in accordance with the proposal of the Awami League-led grand alliance to hold elections in free and fair manners.
Hasina said the Election Commission has been constituted through a search committee as per a new law enacted by her government that has made it more transparent and accountable. The government has given the commission full financial independence so that it can hold a free and fair election.
The PM administered the oath to new RCC mayor Mostafizar Rahman Mostafa, who was elected as a Jatiya Party candidate.
Read more: AL won’t run away, rather will continue developing Bangladesh: PM in Rajshahi
Besides, LGRD and Cooperatives Minister Md Tajul Islam administered the councillors including those who got elected from the reserve seats.
State Minister for the LGRD and Cooperatives Swapan Bhattacharjee was present on the dais while, Local Government division secretary Muhammad Ibrahim moderated the function.
Jatiya Party candidate Mostafa won the mayoral race for the second consecutive term in the Rangpur City Corporation elections held on 27 December last.
1 year ago
Prevent plots that go against the constitution, spirit of Liberation War: President
President Abdul Hamid on Saturday called upon people to be vigilant, to prevent any activity and plot that goes against the constitution and the spirit of the Liberation War.
“As the practice of democracy and development of values increase, the effectiveness and dignity of the constitution will also increase," he said.
He made this call as the chief guest at the function organized by the Bangladesh Supreme Court at the Bangabandhu International Convention Center on the occasion of the golden jubilee celebration of the implementation of the Constitution of Bangladesh and Supreme Court.
The president said that exploiting the constitution for the interests of individuals, groups and parties can never be a good example.
Terming Bangladesh Supreme Court as the “guardian of the constitution”, he said the executive, legislative and judicial divisions have to work together to keep the sanctity and dignity of the constitution intact.
He also reminded the judiciary and lawyers to play a leading role in this matter.
Read more: President for ostracising the corrupt for combatting corruption
The president asked everyone irrespective of party affiliation to respect the constitution and play a role in establishing democracy and rule of law in the country.
Hamid said that the Father of the Nation had mentioned the establishment of an independent judiciary in the constitution, where the Supreme Court and the subordinate courts would conduct judicial work independently according to the law within their respective jurisdictions and limits.
The first step towards fulfilling Bangabandhu's dream was ensured when the Supreme Court of Bangladesh started its journey on December 18, 1972, he added.
The president lauded Bangladesh Supreme Court as it has been playing a prestigious role as the guardian and protector of the constitution in times of peace and crisis, besides protecting human rights and ensuring justice.
A publication, titled “Fifty Years (1972-2022), Literature and Legacy, Supreme Court of Bangladesh”, was launched in the programme while a documentary on the history of constitution was presented.
Justice Mohammad Nuruzzaman from Appellate Division of the Supreme court delivered the inaugural speech whileChief Justice of Sri Lanka Justice Jayantha Jayasuriya spoke at the programme as guest of honour.
Read more: Create your own identity at national and international level: President at NDC
Law Minister Anisul Huq spoke as the special guest while Chief justice Hasan Foez Siddique presided over the programme.
2 years ago
Trump rebuked for call to suspend Constitution over election
Former President Donald Trump faced rebuke Sunday from officials in both parties after calling for the “termination” of parts of the Constitution over his lie that the 2020 election was stolen.
Trump, who announced last month that he is running again for president, made the claim over the weekend on his Truth Social media platform.
“A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution,” he wrote. “Our great ‘Founders’ did not want, and would not condone, False & Fraudulent Elections!”
Incoming House Democratic leader Hakeem Jeffries on Sunday described Trump's statement as strange and extreme and said Republicans will have to make a choice whether to continue embracing Trump's anti-democratic views.
Read more: Trump probe: Court halts Mar-a-Lago special master review
“Republicans are going to have to work out their issues with the former president and decide whether they’re going to break from him and return to some semblance of reasonableness or continue to lean in to the extremism, not just of Trump, but Trumpism,” Jeffries said.
Trump, who is the first to be impeached twice and whose term ended with his supporters violently storming the Capitol in a deadly bid to halt the peaceful transition of power on Jan. 6, 2021, faces a escalating criminal investigations, including several that could lead to indictments. They include the probe into classified documents seized by the FBI from Mar-a-Lago, and ongoing state and federal inquiries related to efforts to overturn the results of the 2020 presidential election.
Asked about Trump's comments Sunday, Rep. Mike Turner of Ohio, the top Republican on the House Intelligence Committee, said he “vehemently" disagrees and “absolutely” condemns the remarks, saying they should be a factor as Republicans decide who should lead their party in 2024.
“There is a political process that has to go forward before anybody is a frontrunner or anybody is even the candidate for the party,” he said. “I believe that people certainly are going to take into consideration a statement like this as they evaluate a candidate.”
Rep.-elect Mike Lawler, R-N.Y., also objected to the remarks, saying it was time to stop focusing on the “grievances of prior elections.”
"The Constitution is set for a reason, to protect the rights of every American," Lawler said. "I think the former president would be well-advised to focus on the future, if he is going to run for president again.”
Trump’s comments came after Twitter's new owner, Elon Musk, said he would reveal how Twitter engaged in "free speech suppression” leading up to the 2020 election. But files released Friday, which focused on the tech company's confused response to a story about Biden's son Hunter, do not show Democrats trying to limit the story.
Read more: Musk restores Trump’s Twitter account after online poll
The White House on Saturday assailed Trump, saying, “You cannot only love America when you win.”
“The American Constitution is a sacrosanct document that for over 200 years has guaranteed that freedom and the rule of law prevail in our great country," spokesman Andrew Bates said in a statement. “Attacking the Constitution and all it stands for is anathema to the soul of our nation."
Jeffries appeared on ABC's “This Week,” Turner spoke on CBS' “Face the Nation” and Lawler was on CNN's “State of the Union.”
2 years ago
Caretaker Govt: To be, or not to be?
As opposition BNP says it is determined to boycott the next national polls of Bangladesh under the current Awami League government, it is framing almost the same old formula for a non-partisan caretaker government in the light of the revoked 13th amendment to the constitution.
But the constitutional experts say there are some legal barriers to restoring the caretaker government based on the 13th amendment as the Supreme Court declared it illegal. On the other hand, the ruling party has rejected the demand for restoring the system outright.
They, however, think bringing back the caretaker government or a polls-time government system by any name is possible only based on political consensus.
Read No more caretaker government in Bangladesh: Law Minister
They also say the next election is also possible under a polls-time non-partisan government even without any prior constitutional amendment like the 1991 general election if only the major political parties can reach an understanding.
Political analysts are also hopeful about a consensus among the major political parties about an inclusive 12th parliamentary election as Prime Minister Sheikh Hasina on Thursday said her government wants all political parties to join the next polls.
But BNP is firm on its decision not to join the next polls unless there is a non-partisan government while the ruling party is determined to hold the polls following the constitution.
Read CEC refuses to comment over demand of caretaker government
The first caretaker government was installed in Bangladesh in 1990 under then Chief Justice Shahabuddin Ahmed based on political understating without any prior constitutional amendment.
On March 26, 1996, BNP passed the 13th amendment to the constitution introducing the caretaker government system in the face of fierce movement by the Awami League.
But the caretaker government system was abolished through the 15th amendment in 2011 as the Supreme Court struck down the 13th amendment to the constitution as illegal.
Read Will have tea with you if you accept demand for caretaker govt
On Thursday, BNP Secretary General Mirza Fakhrul Islam Alamgir said their party is preferring the caretaker government formula in accordance with article 58(B) (C) (D) that were included in the Constitution through the 13th amendment.
Eminent jurist Shahdeen Malik told UNB that formation of a caretaker government in Bangladesh based on the 13th amendment will not be lawful since the apex court declared it illegal.
“If even the constitution is amended based on the 13 amendment, anyone can file a case with the court challenging its legality that will ultimately create legal complications,” he said.
Read Election can't be fair amid unrestrained violence: GM Quader
“But it is now a million-dollar question as to how the caretaker government system can be restored lawfully. It’s not impossible to find out a suitable solution if only the major political parties reach an understanding,” he observed.
Malik, also a constitutional expert, said Justice Shahabuddin could become the head of the caretaker government without any constitutional amendment as political parties had an understanding in 1990.
He also recalled the election of 1954 held in then East Pakistan where the United Front, led by Awami Muslim League, got a landslide victory by bagging 228 seats out of 309 ones. ”This election was held under the home ministry of the then Muslim League government as there was no Election Commission in place. So, everything is possible if there’s an agreement among the political parties in the greater interests of the nation.”
Read BNP-Jamaat fielded '300 cadres' as local government election officers ahead of 2007 polls: Joy
Dr Asif Nazrul, a law professor at the Dhaka University and a constitutional expert, said political issues can be solved in two ways--through political negotiation or through a mass movement.
“The caretaker government was established in 1990 following a mass movement and later BNP included it in the constitution, showing an attitude of compromise in the face of Awami League’s movement in 1996,” he said.
Dr Asif said there is scope for someone to challenge if the constitution is amended to reinstate the caretaker government. “But if there is political consensus, no problem will arise. So far no one has challenged how Justice Shahabuddin became the head of caretaker government beyond the constitution just because of political consensus.”
Read Anti-govt Movement: BNP initiates 2nd phase of talks
Meanwhile, Law Minister Anisul Huq said there is no scope to go back to the caretaker government system in Bangladesh as the apex court of the country has declared the system illegal.
Many other ruling party leaders and ministers, including Road Transport and Bridges Minister Obaidul Quader, have long been saying that BNP’s dream of restoring the polls-time government will go in vain.
2 years ago
BNP’s caretaker government dream to go in vain: Hasan Mahmud
Information and Broadcasting Minister Hasan Mahmud on Friday said the election will be held under the Election Commission during the present government in line with the Constitution like all other democratic countries across the world.
“BNP will gain no benefit in dreaming for the restoration of caretaker government,” he said, replying to a question from journalists.
Also read: AL wants election with participation of all parties: Hasan Mahmud
The minister was talking to reporters before joining the 11th biennial conference of the Entomological Society at the Agricultural Research Council’s auditorium in the city’s Khamarbari area.
“If BNP makes ill-attempts to create chaos in the name of movement, it (anarchy) will be resisted taking the people with us,” he said.
About BNP's demand for caretaker government, Hasan said no government resigns before the election in all the democratic countries like India, Japan, Australia, Europe and even the USA.
He said BNP tried to thwart the 2014 election, but failed. In 2018, it also raised the same demand, but finally participated in the general election forging an alliance of many parties and secured only five seats (in Parliament).
“So, I would like to tell them to take preparation for the next election without making useless rhetoric,” said Hasan, also a joint general secretary of Bangladesh Awami League.
Asked about BNP’s possible movement to overthrow the government, he said, “We’ve been hearing about the movement for the fall of the government for the last 13 years.”
Also read: Election will be held on time: Quader
“If they try to create chaos, carry out arson violence or burn people in the name of the movement as they did before, it will be resisted taking the people with us,” he said.
In the conference, the minister stressed the need for saving the agricultural lands in the country. The arable lands should not be lost due to unplanned urbanization and construction of structures everywhere in unplanned ways.
He said Bangladesh has multiplied its crop production due to agricultural research. “This trend must continue on the path of development,” he added.
Chairman of Bangladesh Agricultural Research Council Dr Shaikh Mohammad Bokhtiar and Director General of Bangladesh Agricultural Research Institute (BARI) Dr Debashish Sarkar, among others, spoke at the conference.
President of Entomological Society Dr Syed Nurul Alam presided over the function moderated by its general secretary Dr Md Mizanur Rahman, said a PID handout.
2 years ago
Election will be held on time: Quader
The national election in Bangladesh will be held on time following the Constitution, a top office-bearer of the ruling Awami League has said.
"The nation election will not be held under a neutral government but under the country's neutral Election Commission," AL general secretary Obaidul Quader told reporters in Feni on Thursday night.
Also read: Padma Bridge to be inaugurated in June: Quader
"The Election Commission of Bangladesh will be in charge of all the ministries during the poll period," he asserted.
During his interaction with the media, the Road Transport and Bridges Minister, however, raised questions over the top leadership of the BNP. "Who is their leader? If the BNP comes to power, who will head the government?”
Also read: Roads better than ever, BNP lost their way: Obaidul Quader
"The Constitution of Bangladesh is praised throughout the world. So, why should the government complain to foreign diplomats for persuading BNP to fight the election? Anyway, it will be held on time as per the Constitution," he added.
2 years ago