Committed to PEOPLE'S RIGHT TO KNOW
Sunday, November 22, 2009 08:32 AM GMT+06:00  
 
Editorial
Editorial
Editorial
A welcome step

THE government's move to relax some of the major provisions of the emergency power rules (EPR) is a welcome step. A committee set up to address the issue has also met recently. Although the focus of the government apparently is on the issue of granting bail, particularly in the cases relating to corruption, we are heartened to learn that the said committee will also look at all other aspects of the EPR that would permit, according to an advisor, the strengthening of the environment of confidence. And we presume that the confidence he was referring to relates to the political milieu that occurs in the country at the moment.

Right to seek bail is an inalienable right of a citizen, and there is no doubt that the current proviso regarding bail is far too stringent as to abridge the fundamental rights. The power of the court also stands denuded in so far as the EPR prevents it from entertaining bail petitions under the current Emergency. We feel that the government should leave it to the discretion of the relevant courts to grant bail, depending on the merit of the case and as governed by the factors that the courts consider before allowing bail.

Needless to say too, the country is in an election mode and the people are eagerly waiting for the promised elections before the end of the year. We are sure that relaxing the relevant provisions of the EPR will facilitate the election process in the country - particularly when there is the need for the political parties to incorporate changes within the party, which can be done effectively only by keeping the constituencies informed of the party reform. The voters need also to be made aware of the various aspects of the electoral reforms that the election commission has proposed, and in this regard the political parties can supplement the efforts of the election commission.

No doubt, while considering the matter of relaxation of the EPR the first and foremost in the list for consideration ought to be the removing of the fetters on the media, print as well as electronic. If the government actually believes that the media is the parliament in the absence of an elected people's house, then it is imperative that the media is allowed to function without hindrance or let.

However, we would like to stress the fact that the objective behind the relaxation of the emergency rules must stem from the sincere intention to uphold the rule of law and to engender an aura of confidence leading up to a free and fair election, and not for political convenience. Otherwise the exercise might prove futile.