Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 948 Sun. January 28, 2007  
   
Point-Counterpoint


People's Constitution


In response to Dr. Fakhruddin Ahmed's maiden speech to the nation, some political leaders came out with the suggestion that certain works are supposed to be done by the political governments, not by the caretaker or interim governments and that many arduous tasks can also be done within the shortest possible time. It is difficult to say how true these are. However, the Fakhruddin government is already exploring avenues to these ends.

The politicians also advised the current government to leave these crucial tasks for them. Though the scourge of political machinations and bloody confrontations is still present in the people's memory, they are now sort of ready to bury the hatchet for the time being and look forward for the better. I believe that the chief adviser's visionary speech has made the nation all the more assured.

But the political leaders are, perhaps, still interested in keeping the cauldron as hot as before by their unguarded words. However, may I -- being a citizen of the country -- ask a simple question to these great leaders: Why did they not do all these easy things in so many years of their tenure? We, the general people, have no intention to harp on the same thing. But, these great leaders are sort of forcing us to take flashbacks to their great deeds.

In the meantime, however, the current caretaker government has already embarked upon separating the judiciary from the executive. Many of our political leaders used to reckon that this crucial decision was a policy matter and, thus, should be left for the elected government to implement. Reportedly, steps were taken by Barrister Ishtiaq Ahmed during the Latifur Rahman caretaker government to separate the judiciary from the executive.

That move was, however, postponed then due to time constraints, as well as requests from the winners of 2001 general elections. Whether it is a policy matter or not, and whether it can be executed by the caretaker government or not, the conscious people have really been happy at this courageous step by the current caretaker government. I am, however, enjoying the fact that those political leaders are rather reticent now, and seem to have lost the arguments or the moral strength to oppose the move.

I, however, expected at least a stifled opposition from the political leaders who tormented the people beyond measure with the Constitution as an excuse. Perhaps, they cried so much for the Constitution that they have now run out of steam. However, the leaders who had shown excessive love for the Constitution remarked that they would examine the legality of Fakhruddin Ahmed's taking the chair of chief adviser. I don't know whether they have found it constitutional or not. I, however, want to categorically state that millions of people of the country endorsed Fakhruddin Ahmed's taking over the rein of the country at a moment of uncertainty and anticipated political tsunami.

Even if there had been any breach of the Constitution in the eyes of the people who forced Iajuddin to take the post of chief adviser, it was the inevitable consequence of President Iajuddin Ahmed's unconstitutional move to take the chief adviser's post in the first place. And, I firmly believe that history will interpret things in this way, no matter whether the ruthlessly partisan legal experts believe it or not. Time will tell how well the Fakhruddin government will fare in accomplishing its tasks.

Fakhruddin Ahmed's taking the CA's post has, however, confirmed one thing for sure, that the people are not for the Constitution, but the Constitution is for the people. And, the people would like the country to be run under the people's Constitution -- epitomizing ensured people's rights and curtailed leaders' (crooked) privileges -- which came into effect when the leaders' Constitution had failed to deliver.

In no way, however, is this indication of military rule. I reckon that the leaders' Constitution is that one which stipulates holding even farcical elections within 90 days, and that, too, in violation of other articles of the same Constitution. I believe that MA Aziz has also resigned, belatedly though, from the CEC's post as a show of respect to the people's Constitution. Hopefully, other commissioners will also be on the way.

Crackdown on thieves and thugs is also expected to be intensified, which is, again, a reflection of people's will. Admittedly, we saw people's power in Kansat, Shanir Akhra, Fulbari and other areas in 2006.

I believe that we have seen people's Constitution coming out victorious over leaders' Constitution this time. It is now more than an open secret that there was external and military pressure behind such a development. But, was there not people's will as well? Or else, why have the people been so relaxed and happy after this development?

Essentially, after 1991, I have never seen election results going against the prevailing public sentiment. I had, thus, always the belief that the so-called Constitutionplovers would not able to foist themselves upon the disgruntled people through a sham election. And, that has come true and you know how. I mean to say -- you have every right to differ -- that it is less a behind-the-scenes military act and more an articulation of people's Constitution.

Kazi S.M. Khasrul Alam Quddusi is Assistant Professor, Department of Public Administration, University of Chittagong.
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