Power-grab seditious
The parliamentary special committee on constitutional amendment yesterday decided in principle to include a clause in the country's supreme charter with a provision for stringent punishment for extra-constitutional takeover of state power and suspension of the constitution.
Such activities will be considered as treacherous and seditious offence, and those who will assist the usurpers in ratifying the illegal acts will also be held equally responsible, according to the decision.
The committee took the decision based on repeated experiences of extra-constitutional takeover of state power, and suspension of the constitution.
The parliamentary special body at a meeting held in Jatiya Sangsad Bhaban also decided to include in the preamble of the constitution the declaration of independence by Bangabandhu Sheikh Mujibur Rahman on March 26, 1971, and the proclamation of independence by the Bangladesh government in exile in Mujibnagar on April 17 the same year.
It decided to include new clauses to ensure protection of the environment to save the country from adverse impact of climate change, to ensure empowerment of women, and for constitutional recognition of ethnic groups as well.
Suranjit Sengupta, co-chair of the special committee, disclosed the decisions at a media briefing after the meeting.
He said the committee will try to place a bill in the parliament in April or May, and a special parliamentary session might be convened for the amendments.
The committee will meet on March 15, 16, 20 and 21 to finalise the proposals, Suranjit said.
About inclusion of the clause against extra-constitutional takeover of state power, Suranjit said Khandaker Mostaque Ahmed, Justice Abu Sadat Mohhammad Sayem, Gen Ziauar Rahman, and Gen HM Ershad grabbed state power unconstitutionally with force.
"We want to include a provision in the constitution so any body involved in grabbing state power through extra-constitutional means faces stringent punishment for committing the offence," said Suranjit, also chief of the parliamentary standing committee on the law ministry.
He said those who will assist extra-constitutional usurpers of state power will face the same punishment as well.
The first martial law regime began following a bloody coup d'état in 1975, after which the constitution was made subservient to martial law proclamations and regulations. Martial law rulers Justice Sayem and Gen Zia even brought amendments to the constitution frequently through martial law proclamations.
Later the second martial law regime led by Gen HM Ershad began in March 1982, keeping the constitution suspended for around four years.
At that time, the country's higher judiciary directly and indirectly supported the military rules while the second and third parliament ratified all illegal activities of the two martial law regimes.
In two separate landmark verdicts, the Supreme Court scrapped the constitution amendment acts that had ratified the two martial law regimes.
The apex court in the fifth amendment verdict also observed that the parliament may enact laws to suitably punish usurpers of state power.
On inclusion of the declaration of independence by Bangabandhu, and the proclamation of independence, Suranjit said they want to incorporate those in the constitution to prevent further distortion of the history of the country's birth.
On inclusion of the clause giving constitutional recognition to ethnic groups, Suranjit said the special committee decided to invite lawmakers, who represent the ethnic groups in the parliament, to seek their opinions on the matter.
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