By Barrister Nazir Ahmed
A common national habit or tendency among us is that we do not delve deep into the root of a problem or crisis. We get caught up in what we see on the surface, engaging in heated debates and name-calling. It’s like trying to cure a serious disease with just paracetamol without diagnosing the cause and symptoms. This approach backfires, causing the disease to worsen, eventually leading to the patient’s death. At that point, nothing much can be done. Therefore, if we try to solve problems superficially without addressing their root causes, the problems do not diminish but rather become more severe, eventually spiraling out of control. This is what we have witnessed over the past decade and a half. The country fell into a deep political crisis, from which it was rescued by the successful mass uprising of students and the public.
The main cause of the deep crisis was the hasty cancellation of the caretaker government system by abolishing the Thirteenth Amendment to the Constitution under the pretext of a brief court ruling. Analyzing the context and nature of that ruling reveals that the legal, ethical, and constitutional foundations for abolishing the caretaker government system were extremely weak and flawed. Ethically, the ruling and the subsequent constitutional amendment were riddled with deception, cunning, over-enthusiasm, and patchwork solutions.
This deceptive ruling served as a catalyst for the fugitive Prime Minister Sheikh Hasina to abolish the caretaker government system, aiding in her transformation into a formidable figure. Had the caretaker government system remained, the Awami League might not have come to power in the 2014 elections, but they had a significant chance of winning power in 2018. The current state of Sheikh Hasina and her party would not have been the same. Besides the immense damage to the country, Justice Khairul Haque is directly responsible for the current situation of Sheikh Hasina and her party. He should be brought under the law and given exemplary punishment in the interest of the country and the nation so that no one dares to commit such judicial anarchy in the future.
I saw in the media that Justice Khairul Haque, who had clung to the position of Chairman of the Law Commission with the status of Chief Justice for a long time, has resigned. Is everything resolved with just his resignation? Instead, bringing him under the law and ensuring exemplary punishment would serve as a deterrent for individuals who cause irreparable harm to the nation in the future. Current legal advisor Dr. Asif Nazrul has repeatedly criticized Justice Khairul Haque’s ruling in print and electronic media and has often demanded his trial. The opportunity to implement that is now in his hands.
Nazir Ahmed: Prominent lawyer, political thinker, constitutional expert, and practicing barrister in England.
Email: ahmedlaw2002@yahoo.co.uk
