Strategically Speaking
Matters confounded, problems compounded
Brig Gen Shahedul Anam Khan ndc, psc (Retd)
It is difficult to fathom what is going on in the country at the moment. Who is running what and ordering whom, if anybody is running anything at all, is a mystery. Although the ten advisors are desperately trying their best to grapple with the situation at a time when decisions are being taken on extremely sensitive issues behind their back. And for them it cannot be very amusing to learn about those decisions from the media. The country was agog with speculations when the electronic media started flashing the news about the possible deployment of the armed forces in aid of civil power on the basis of a letter sent by the home secretary to all the DCs. To deploy in aid of civil power is a statutory responsibility of the military. And there are set procedures regarding how the military is inducted to assist the civil administration in the maintenance of law and order. That the home secretary was well aware of the operational procedures when the army is deployed in aid of civil power, or in short in IS duty, as revealed by his instruction regarding keeping magistrates standby, is very clear. And to tackle a violent situation the army needs written orders of the magistrate if there is a need for use of force. Thus the standby orders. The procedures for inducting the military work two ways. At the local level the administration may seek the support of the military should it feel that the situation has gone beyond the control of the local agencies. Conversely, if the government feels that the situation in any particular area of the country needs the intervention of the armed forces in support of the law enforcing agencies it can order the military out. So far as one knows, neither of the two mechanisms was invoked. Nor, as was made abundantly clear in the revoking of the home ministry order, was there a situation which warranted such an action. (But, as per one newspaper report, the order of cancellation had not reached down to the district level till November 14) However, that the home secretary had not followed the laid down procedures in the matter and perhaps showed his unwarranted initiatives came to light only at the advisors meeting the next day, when the decision was taken to rescind the order. Even more perplexing was the fact the advisor in charge of the ministry of home, the president himself, reportedly, was not put up a brief on the matter; not to speak of the other advisors having any knowledge about it. And one of them was seen brushing aside any suggestion of army deployment when asked by the journalists about it, when in fact the order to that effect had gone several hours before. That it was most ill-advised, the council of advisors have accepted, but that it was done with ill motives has been expressed by at least one, although it can be presumed that such a view is representative of the other advisors too. Although the matter ought to be put behind, the worrisome aspect is the wrong message this episode has conveyed to the public. As for the caretaker government, the advisors are holding unenviable positions, having to sort out the mess the political parties have created. The chief advisor's decision to constitute a four member committee was a move in the right direction and people's hopes were raised at the prospect of a solution to the political impasse, and, even more importantly, of what has now come to be an issue of public suffering and distress. But one feels that undertaking parleys with all the political parties is a waste of time. We all know their basic positions and most people feel that these two days would have been better utilised if the advisors had offered the parties various alternatives, instead of having them restate their old positions. So far the prognosis is very gloomy, because of the unwillingness of the political parties to deviate from or compromise on their stated positions. As for the 14-party alliance siege, with reports of hundreds of vehicles destroyed in Chittagong, and the inexplicable incident of a police vehicle running over several AL party activists, killing one and injuring several others, it is hard to say it has passed of peacefully so far. Surprisingly, the police officer being blamed for the incident at Karwan Bazaar has been reportedly "closed" since November 7. This is the time for the police to exercise maximum restraint when the situation is like a tinderbox waiting for a spark to burst into flames. The EC continues to hold our interest while its chief continues to cause us immense pain. And it is clear that the 14-party alliance will not budge from its demand for the departure of the CEC. But they should also consider what would happen once he goes. What is the guarantee that he would be acceptable to the 14-party alliance or for that matter the 4-party alliance, if and when a new CEC is appointed? If the main objective is to have a free and fair election, to which the 14-party alliance considers the CEC a stumbling block, it will be possible in a major degree only if there is a flawless voter list, which the current voter list is not. Therefore, the demand should be for redacting the voter list as per the existing rules and procedures. And this must be addressed as a matter of urgency by the caretaker government as well, considering that the EC has decided to go for printing a voter list that cannot be acceptable in its present form because of the faulty procedures followed in updating it. Inadequate time cannot be an excuse. Is it better to have an election based on a defective voter list within the fixed time limit or to have an election based on a foolproof list, ensuring which might mean going beyond the fixed time limit? After all, the constitution is for the people and the country. Attempt to hold on to it at the cost of both is utterly ridiculous. While we do not hesitate to often violate the constitution on flimsy grounds, we sometimes hold on to it as if it were a holy scripture. One could ask whether or not holding of their current posts by Justices Aziz and Mahfuzur Rahman is in violation of the constitution. (See, "Is this Election Commission any more acceptable?" by Dr Badiul Alam Majumdar, The Daily Star, June 8, which explains why). Time is the premium and the caretaker government has only 24 hours in a day. While undoubtedly the main onus of resolving the situation is on the chief advisor, it is also on the leaders of the BNP and the AL to ensure that the country does not move any closer to the precipice. The author is Editor, Defence & Strategic Affairs, The Daily Star.
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