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An urge is made to adopt the formula of a Provisional Constitutional Framework in the current circumstance of Bangladesh.
Posted by Ameenur Rasheed
on November 6, 2014.
www.facebook.com/AmeenurRasheedPress
Ameenur Rasheed
06 November 2014, London
(বাংলা সংস্করণঃ
An urge is made to adopt the formula of a Provisional Constitutional Framework in the current circumstance of Bangladesh.
Currently the power of the state of Bangladesh is now at the grip of a notoriously criminal syndicate similar to that of 1972 to 1975. The extremely politically loyalist killer judges are issuing the death verdict one after another against the opposition leaders, mainly of Jamaat Islami Those killer judges and their political masters are perpetrating the killings in complicity with one another flouting the principle of law and justice. The rule of law has been destroyed. The normal process of law is bluntly absent.
It is now imperative upon every person in position of control and authority to remove the notorious circuit from the range of power of the State using reasonable force. An interim Government must be established. On a note, the Government will not let the establishment of an interim Government to happen and the current constitutional provision also does not provide for that.
On account of the unwillingness of the current Government, by virtue of President’s order a Provisional Constitutional Framework (hereinafter referred to as ‘PCF’) should be established. Under the power to be given in the PCF the illegitimate Parliament void of people’s mandate should be temporary suspended from functioning.
By virtue of the power to be given in the PCF the notorious killer judges should be removed from the office by a Supreme Judicial Reforms Commission to be formed under the same. Those who will dissent the PCF in disruptive way should be kept in temporary detention. The specialised political tribunals should be disbanded.
The Election Commission should be reconstituted under the power to be given in the PCF for the purpose of ensuring fair and credible general election. The relevant provision in contradiction with PCF should be temporarily suspended. That does not prejudice the fundamental rights of the people.
The constitutional provision as it is now is the principal obstacle to the fair political process in Bangladesh. For the purpose of continuing a fair and stable political process by way of removing the current constitutional obstacles, in order for the establishment of non political interim Government the backing and support should afforded from particularly military establishment along with political forces within the country and diplomatic spectrum of international community.
It is to be borne that continuing constitution is never a universal one. It is always to be replaced by way of suspension, addition and subtraction as to expediency of good governance, stability, peace and greater national integrity. It has always happened in the past in all societies and states and it should always be allowed to happen in the future without infringing the fundamental rights of the people.
The proposed interim Government should function in an expedited manner mainly focusing on routine work and the conduct of general election without fundamental policy decisions.
