The damage done
Nazrul Islam
Barely a few days after ruling party secretary general Abdul Mannan Bhuiyan's accusation that the opposition parties were making the country's constitutional bodies controversial, a judge was appointed to the Appellate Division of the Supreme Court on August 24, superceding his seniors. Earlier, 17 High Court judges were given permanent appointment on August 23. The chief justice did not make any recommendation about two of the judges. Moreover, there were serious controversies about some of the judges from the very beginning of their ad hoc appointment. Although the government claimed that everything had been done according to the constitution, long-followed convention and the inherent message of the constitution were definitely ignored while making these appointments. All these acts were seen as blows to the supreme judiciary of the country. I don't think that anyone will disagree that there is a qualitative difference between the current coalition government and the BNP government of 1991-1995. The previous BNP-government was a hundred times more rational, judicious, better performing, pro-people, and democratic than the present one. This time the BNP-led 4-party government not only failed to render better service to the people, but has also destroyed some of the vital institutions of the country which, in the long run, might cause irreparable damage to the country and its people. Perhaps the severest damage wrought to the republic is the institutionalization and politicization of every organ of the state. From the judiciary to the administration, from markets to river ghats and tenders, everything has been politicized nakedly and shamelessly during the last 5 years. Nepotism, favouritism, and corruption are nothing new in our society, but their pervasive use during the last five years has crossed all palatable limits. To safeguard people's interest, our constitution has made several bodies of the republic constitutional ones. The Supreme Court, Election Commission, Public Service Commission, and Comptroller and Auditor General's Office are such organs of the state. While framing the constitution, its authors entrusted the responsibility of constituting those bodies with the president. They never thought that the president would desecrate the bodies by appointing partisan and morally degraded persons. In fact, even the military rulers in the late 70s and 80s did not dare to interfere with these constitutional bodies. With some exceptions, the common people used to get justice from these institutions. But their hopes and expectations were shattered by the democratic governments who, time and again, tried to take control of the institutions by placing their own men in the constitutional posts. If we consider the PSC as an example, we will find that, before the 90s, this constitutional body was a perfectly decent institution which used to work without any fear or favour. As a result, many meritorious, but non-political students, got recruited into government jobs. But the scenario was dramatically changed after 1990 when the PSC turned into a rubber stamp institution, carrying out the orders of the student wings of the political party in power. During the present government, the PSC has lost its remaining credibility and acceptance of the general public. Many may differ with my views, but I just want to cite one example of the appointment of 320 upazila election officers in 2005, of whom 290 were from two student organizations of the ruling coalition. It seems that all the meritorious students assemble under the umbrellas of these two student organizations. The Supreme Court is the last resort of the public for getting justice when governments let loose a reign of terror on opponent groups. But widespread appointment of partisan people in the higher judiciary will not only destroy its spirit but also snatch the rights of the common people. A partisan person will never be able to be neutral while delivering judgement, which is based on explanations of laws and evidence, and application of rationality. That a person, who once practiced partisan politics and irrational behaviour, can turn into a rational being after becoming a judge is totally absurd. Another vital constitutional body -- Election Commission -- was always at the centre of controversies since the military rules. The EC could never come out of the controversy because of exaggerated accusations by the defeated parties of an election, and also due to some genuine lapses and inherent weaknesses. The EC is a toothless organization which has to depend on government kindness for its budget and manpower for its secretariat and field offices. Moreover, with few exceptions, the chief election commissioner and other commissioners were always appointed on the basis of political colour. They always serve the purpose of the ruling parties. The present EC is an ideal example of our polluted politics, whose main goal is to gain state power by any means -- fair or foul. Politicians do not consider anything which can help them enter the corridors of power as wrong. Nazrul Islam is a freelance journalist.
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