Dr Kamal says ordinance should've been put in JS

Dr Kamal Hossain, an architect of the country's constitution, has said the government should have placed before the Jatiya Sangsad the Joint Drive Indemnity Ordinance, 2003 for debate and its enactment within the purview of the constitution.

He was giving his reaction to The Daily Star immediately after approval of the ordinance by the cabinet yesterday.

Dr Kamal mentioned that the Constitution says everybody is equal in the eye of law and has the right to seek justice. Referring to Article 46 of the Constitution, he said there are provisions for indemnify, but it should come only after parliamentary debate on the issue.

He pointed out that Article 46 puts a limitation, stating specific circumstances under which indemnity can be applied. It should be discussed whether the indemnity ordinance was prepared according to Article 46, he said.

As per the Constitution, any one can challenge in court legitimacy of this ordinance, he added.

Former law minister Abdul Matin Khasru has termed the ordinance 'anti-constitution' and 'in contrast' with its basic structure.

"No constitution support legitimising killing of members of the public," he said in his immediate reaction.