No pension for ex-presidents of illegal regimes
The cabinet yesterday approved a draft law that would make a retired president ineligible for pension benefits if the Supreme Court declares his tenure illegal or unconstitutional.
"President's Pension, Gratuity, and Other Privileges Act-2015" was given final approval in a cabinet meeting with Prime Minister Sheikh Hasina in the chair at the Bangladesh Secretariat.
“If the Supreme Court declares illegal and unconstitutional the assumption of office by any president, then the president won't be entitled to receive pension and related facilities according to the draft law,” Cabinet Secretary M Musharraf Hossain Bhuiyan said briefing newsmen after the meeting.
Regimes of Khandker Mushtaque Ahmed, Abu Sadaat Mohammad Sayem and Gen Ziaur Rahman were declared illegal and unconstitutional by the Supreme Court in its judgment on the fifth constitutional amendment while Ershad's takeover was declared illegal and unconstitutional by the High Court in its verdict on the seventh constitutional amendment in 2010.
The existing "President's Pension Ordinance of 1979", amended in and effective from 1988, will be replaced by the new law.
The new law, however, would be effective since the birth of the country and the presidents would be entitled to pension and other benefits since 1971 and their nominees or heirs may receive pension money if it was not received before.
Since the military regimes after the assassination of the father of the nation were declared illegal, the ordinances promulgated during those regimes must also be illegal. That's why the HC directed the government to turn those ordinances into laws and this law has been drafted in line with that HC directive, a senior secretary said seeking anonymity.
There are 172 ordinances, of which 91 were promulgated during the period from Aug 20, 1975 to April 9, 1979 and 81 ordinances from March 24, 1982 to November 10, 1986 under martial regimes.
Replying to a query, Musharraf said former presidents Ziaur Rahman and HM Ershad, both of whose presidencies were declared illegal in separate High Court rulings, have not received pension as former presidents; they rather receive pension from the defense ministry as former military personnel.
Besides, Father of the Nation Bangabandhu Sheikh Mujibur Rahman has not received any pension as former president of Bangladesh, added the cabinet secretary.
At the meeting, Public Administration Minister Syed Ashraful Islam proposed that a new law should be enacted to give pension allowances to the members of parliament. The PM, however, did not respond to Ashraf's proposal immediately, cabinet sources told The Daily Star.
The cabinet also approved the draft of the 'The Bangladesh Coinage (amendment) Act-2015', according to which the government would issue metal coins and paper notes of five denominations.
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