HC formulas on poll-time govt unconstitutional

Law Minister Anisul Huq yesterday described the two formulas given by the High Court to form an interim government under the leadership of the prime minister for the next two national elections as "unconstitutional".

"It will not only be unacceptable but also unconstitutional if someone suggests anything going against the constitution," he told BBC Bangladesh Sanglap in the Trading Corporation of Bangladesh (TCB) auditorium.

The HC has provided the formulas and observations in its full judgment on the uncontested election of 153 MPs in the 10th parliamentary vote held on January 5 last year.

The full verdict was released late last month.

The first formula allows the incumbent prime minister to lead an election-time cabinet consisting of 50 new ministers from all parties; the second one states the main opposition party will govern the country for the last one year of the five-year tenure of a parliament. 

Separately, BNP spokesperson Asaduzzaman Ripon yesterday called the HC's formulas "unrealistic" and "inapplicable".

"But we think the necessity of holding a free, fair, and inclusive election has been reflected in the verdict," he told a press briefing at the party's Nayapaltan head office in the capital.

At BBC Bangladesh Sanglap, in reply to a question whether the government could consider the suggestion, the law minister said, "I don't think the High Court can make such suggestions."

BNP leader Abdullah Al Noman said political parties should solve the problem.

However, Dhaka University's English professor Syed Manzoorul Islam said if the High Court gave any suggestion for public interests, it should be taken into consideration.

Another question from the audience was whether the suggestion of a section of civil society to amend the constitution to overcome the "political crisis" warrants considerations.

Stressing the need for finding out the reason of disagreement between the big two parties, Columbia University's international affairs professor Rounaq Jahan said in a constitutional democracy, there was no reason to hand over power to prime minister or president.

Prof Manzoorul also did not find any reason to redefine the supremacy of prime minister or president to balance their power.

Noman, on the other hand, observed that the demand of civil society was the demand of the whole society. He believes it will not create dual governance.

The law minister believes problems will be intensified if the power of prime minister is curtailed and president is given power.

On the question of whether the killing of Bangabandhu Sheikh Mujibur Rahman was a military coup or it was an attempt to divert Bangladesh to a different path, Anisul said the defeated force of 1971 attempted to erase the spirit of the Liberation War by killing him.

Prof Manzoorul said there was political and foreign patronage behind the assassination.

Noman said some deviant army officers committed the murders.