'Yes, I think a jolt like 1/11 was necessary'
Barrister Shafique AhmedPhoto: STAR
President of the Supreme Court Bar Association (SCBA), Barrister Shafique Ahmed was born on July 16, 1937, in Comilla. He obtained his Honours and MA in geography from Dhaka University in 1958 and 1959. He obtained LLB from Dhaka University in 1963 and later completed Bar-at law in 1967 and LLM in the same year. He taught in Dhaka University from 1969 to 1973. He was also a teacher of Principal City Law College. He was enrolled in the High Court as an advocate in 1967 and in the Appellate Division in 1989 as a senior advocate. He was elected as the president of SCBA twice. Wasim Bin Habib and Ashutosh Sarkar took the interview.
How do you evaluate the existing situation?
The present government has prepared a fair and acceptable voter list with identity cards, and also did necessary delimitation of different constituencies which, was the constitutional obligation of the Election Commission (EC). The schedule of the election has already been announced and the government has almost completed the preparations for the polls slated for December 18. The entire nation is expecting elections in the scheduled time, so it should not be deferred. We will have more complications if it is deferred. Any move to defer the election will not be acceptable to the nation.
A major political party is yet to announce specifically whether it will participate in the polls…
It would be regrettable if any political party does not take part in the election and the election is shifted because of that. It will push the country towards another uncertainty. The elections cannot depend on any party's wish. The EC should take a strong stand to remove uncertainty about the election.
Political parties are demanding lifting of emergency ahead of polls. Do you see need for emergency anymore?
I think election should not be held keeping the emergency in place. There will be some restrictions if the emergency remains in force during the election. The law enforcing agencies may misuse their power, which may prevent the voters from casting their votes freely and independently. Moreover, the candidates and political parties will not be able to do the necessary campaigning due to the restrictions, and it will not be termed as free, fair, neutral and acceptable.
Do you think political parties will resume the "blame game" and reject the election results if they lose in the polls?
I don't think there will be "blame game" or accusation of vote rigging this year. Since the neutrality of the election commissioners was under question "blame game" and accusation of rigging happened in the past. But, this time the election commissioners were not appointed by the political parties and they did not have any political agenda. So, we hope the upcoming elections will be acceptable both nationally and internationally.
Political parties are demanding deferral of upazila elections. Should they be deferred?
I don't consider it logical to hold the upazila and parliamentary elections almost simultaneously. A national election is a great event for a nation. Upazila election is also a big election. The candidates need similar campaigning for both the elections. So there will be some difficulties in holding both the elections at almost the same time. I think the upazila election should be deferred and be held separately.
How long it should be deferred?
There will not be any problem if the upazila elections are held two to three months after the parliamentary election.
How do you evaluate the proposed meeting between Sheikh Hasina and Khaleda Zia?
I don't think there will be any success in the meeting without any agenda. What would they discuss if they do not have any agenda; it would be fruitless. There must be some goals. The leaders can discuss about the previous mistakes they have made, or they can discuss about the elections or the economy of the country. Many concrete and acceptable solutions may come out if the meeting is held on the basis of an agenda, and the government should set the agenda.
Do you think the politicians learned any lesson from 1/11?
Yes, I think a jolt like 1/11 was necessary. I believe the politicians will now do politics for the welfare and betterment of the people and for governing the country properly, not for making their own fortune. We have witnessed that the past governments ran the country according to their will. A particular Bhaban was seen running the country as a parallel government. So there is a lesson for the politicians that they cannot do whatever they want. I'm very much hopeful that there will be some changes in the attitudes of the politicians and in the relations between the politicians.
How do you evaluate the reform measures undertaken by the caretaker government in the last 20 months?
Some steps of this government are praiseworthy, like formation of EC, finalising of voter list, and delimitation. But they overdid some things, like formation of Supreme Judicial Commission. It is a good initiative but the executive is still taking the decisions in this regard. Moreover, formation of Truth and Accountability Commission (Tac), which the High Court declared illegal, was also a bad step.
What should the political parties do to bring changes in the political culture?
Political parties should develop a culture that accepts multiparty system running the country democratically. Everyone has the right to express his opinion and bring out processions and rallies, but this should be within the limits of the law.
Do you think a congenial atmosphere for election is prevailing in the country?
The activities of the election have already started. The political parties are busy in selecting their candidates, and when they complete the nomination process they will start the electoral activities in full swing.
Should political parties nominate the convicts?
No. The political parties should not give nominations to those who have been convicted for corruption or for moral turpitude.
What is your comment about Article 70 of the constitution?
It is not proper for democracy. It should be removed.
Do you support the caretaker government system?
There will be no necessity of caretaker government if there is a strong, impartial and independent EC. The EC should be given executive power. The law enforcing forces should be under the command of EC. If these things are ensured there will be no need for a caretaker government.
Please comment about the anti-corruption drive.
The drive is good but the government has extended it too much, so it has become difficult for them to control. The Anti-Corruption Commission (ACC) is an independent commission, and the trial of corruption cases may take place any time. It is not that all the trials have to be completed at one time. The haste weakened the trials.
Comment about the one-year of the separation of the judiciary?
It was a constitutional mandate, which no government undertook during its tenure. But there are still some defects. We are receiving allegations that the subordinate judges are doing whatever they want in the name of separation. An independent secretariat is necessary to investigate these things.
What measures are required to eliminate conflict, doubt and abhorrence from politics?
We cannot move towards confrontational politics anymore. We cannot afford it. Election is necessary for the sake of democracy, and the EC will have to take a strong stand to remove all kinds of obstacles in the way of elections. Forgetting all the confrontations, the political parties should participate in the polls to restore democracy. The party that loses in the election should accept defeat. Both the government and the opposition have to play constructive roles to give the democracy an institutional shape. They should realise that an extra-constitutional force may be compelled to take power if the political parties create an anarchical situation in the country once again.
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