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Keep politics on the street, not in the court

Md.  Asaduzzaman

Md. Asaduzzaman

Thu, 29 Aug 24

After the fall of an authoritarian regime through a mass uprising, an interim government has taken charge. There is no reason to believe that this government will engage in the politics of vengeance, as it is committed to ensuring citizens' civil and political rights, with political parties being a vital platform for achieving this.

It is undeniable that the leadership of the Awami League was involved in certain crimes. Over the past decade, the Awami League government became entangled in a web of enforced disappearances, killings, murders, and general lawlessness. However, this does not mean that there are no good leaders and activists within the Awami League. I do not believe that those who support the Awami League should be denied their political rights or their right to support an ideology. If anyone within the Awami League is involved in crimes, they will be tried separately under the relevant laws. But the government is conscious of ensuring that no one’s constitutional right to support an ideology is violated.

We do not wish to see any political party's registration canceled. The Constitution of Bangladesh, established through the Liberation War, does not grant the authority to strip people of their political rights. The current government is committed to ensuring the civil and political rights of the people. There is no plan in the government’s policy to ban any political party. Moreover, no other political party wants the Awami League to be banned in Bangladesh. The current government aims to create an open and fair playing field for all political parties. The Awami League has millions of supporters. But why has the issue of banning the Awami League come up now? Who has created this narrative? How has the judiciary been used over the years? What role has the judiciary played? The judiciary has overstepped its jurisdiction by violating the law. Many political matters have been dragged into the courts in the past, and we have paid the price for this. That is why the uprising that has taken place has also impacted the judiciary. As a lawyer, I feel immense pain when incidents occur in the courts.

Recently, an authoritarian government was overthrown. With the end of authoritarianism, it has become easier to bring criminals to justice. However, the current government is not in favor of shutting down an organization and violating their political rights. Doing so would be contrary to the fundamental spirit of the Constitution, the Liberation War, and the second Liberation War. So far, no political party has called for banning the Awami League. Politics should take place on the streets, not be dragged into the courts. The chapter on fundamental rights in the Constitution guarantees people the right to form organizations. I believe that canceling the registration of a political party would violate this right. Whatever has happened before, if it happens again now, it will be regrettable. But it won’t happen. The judiciary will certainly see better days, with a stronger reputation, and will become a place of genuine trust for the people.

Many injustices have been done to numerous judges in the Supreme Court. Many, despite being qualified, did not receive promotions or were not assigned benches for hearings. Many competent judges retired with heavy hearts. To overcome this situation, reforms are needed in the Supreme Court and the judiciary as a whole. Only those judges who have the integrity to work for the establishment of people's rights will be able to serve. Now, judges will be appointed constitutionally. I hope that unqualified individuals will no longer be appointed based on political considerations.

The Supreme Court will be free from all forms of syndicates. If anyone tries to create a syndicate, action will be taken. Regarding the resignation of many deputy and assistant attorney generals and the locking of rooms, we will solve this problem very quickly. There are many irregularities in the judiciary. The spirit of this second Liberation War in Bangladesh is to stand against irregularities. The people have stood up against these irregularities and injustices. We will not allow any irregularities in the Supreme Court. If necessary, the Supreme Court and all courts will be completely reorganized. I will certainly give my best to ensure justice for all.

Md. Asaduzzaman is 17th Attorney General of Bangladesh, a senior lawyer of the Supreme Court, and a former central Human Rights Affairs Secretary of the BNP.

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