Sheikh Hasina's 'resignation' doesn't matter

Eminent Supreme Court lawyer and rights activist ZI Khan Panna is a brave freedom fighter. He is the chairman of Ain O Salish Kendra, a legal aid organisation in Bangladesh. He has always been vocal during various movements, struggles and mass uprisings in Bangladesh. He played a direct role on behalf of the students during the Anti-Discrimination Students Movement in 2024. The noted human rights activist talked with 'Views Bangladesh' on the functioning of the interim government, the law, the constitution and the resignation of the president. He was interviewed by Girish Goiric and Hasan Shahadat Touhid.

Views Bangladesh: Yesterday, Matiur Rahman Chowdhury, chief editor of Manabzamin, conducted an interview with President Shahabuddin Ahmed. In the interview, he stated that he does not have the resignation letter from Sheikh Hasina. In response, honorable advisor Dr Asif Nazrul is saying that he is lying. What is your opinion on this matter?

ZI Khan Panna: I can't say who is lying and who is telling the truth. However, there is a question: if he does not have the resignation letter, I believe it is unlikely that he wouldn’t, as she did not get time. But this does not matter now. Even if she did not resign, she has left the country. That is a fact. The Prime Minister left the country without the President's permission, which cannot happen. It has now been proven that Sheikh Hasina is not in power. Therefore, the question of whether there is a resignation letter or not is immaterial. After all, he himself administered the oath to the advisors over the Constitution. They have sworn in to protect the Constitution.

Views Bangladesh: If Prime Minister Sheikh Hasina has left the country and this is considered a resignation, then why is there so much discussion about it?

ZI Khan Panna: Political discussions can certainly happen. They can arise from various perspectives. It may also be an attempt to divert the main political discourse. There are various political maneuvers involved. Another name for politics is diplomacy. The word "diplomacy" comes from Kautilya, who was a famous scholar in this subcontinent. Although we now use the word "diplomacy" positively, its rural form is "kutna" or "kutni." Perhaps this discussion is also a result of such cunning.

Views Bangladesh: Considering the current discussions about the former Prime Minister, what complications do you think could arise if the Awami League comes to power again?

ZI Khan Panna: When will they come to power again? After another election, perhaps. They might say, "I did it" or "I didn’t do it." Regardless, this is ultimately irrelevant. It is irrelevant because, in reality, she has left the country. She is no longer in the position of Prime Minister. Whether she resigned or not doesn’t matter. Even if she resigned, her chair is empty. If she didn’t, the chair is still empty. This is an irrelevant matter. I believe this is an attempt to shift our attention elsewhere.

Views Bangladesh: A constitutional reform committee has been formed, and some are saying that the constitution needs to be amended, while others suggest that the entire Constitution should be abolished and rewritten. Is there a necessity for this at the moment in our state?

ZI Khan Panna: There is no necessity at any moment. It might be needed 200 years from now. When was the American Constitution created? A Constitution is a declaration of independence. Since then, there have been many amendments, but it has not been rewritten. The Indian Constitution has been around for seventy to eighty years, and it hasn’t needed such significant changes. There has been no need for a rewrite. Many countries have written constitutions that also haven’t needed rewriting. We lack scholars capable of writing a constitution in our country. And even if we have scholars, why would they write if there’s no necessity? We have yet to receive a proper answer as to why changes are needed.

Views Bangladesh: If a rewrite is not done, can reforms still take place?

ZI Khan Panna: Reforms can be made. The Attorney General has repeatedly stated that Article 70 needs to be changed. This would bring a balance of power to Parliament, allowing members some freedom of speech. They should have the ability to stand against party decisions. This way, a party cannot be autocratic or dictatorial. There must be loyalty to the party, but it doesn’t mean that membership should be revoked. This could bring about some changes within the party. There could be coalitions. If they wish to bring in a caretaker government, they can do so. Just like in the 1972 Constitution, the demand for the removal of justices was in the hands of Parliament. This could be revised and brought to the Supreme Judicial Council. Such changes can be made without needing to rewrite the constitution.

Views Bangladesh: The current head of the constitutional reform committee, Professor Ali Riaz, is not a lawyer or a constitutional expert. Do you think it is possible for this committee to reform the Constitution of Bangladesh?

ZI Khan Panna: They do have a committee. Reforms are possible. The idea will be provided, and there is a drafting committee in the ministry. Those from the BCS become experts as they draft. For example, there was a judge who had never sat on the Supreme Court chair for even a day, but later became a judge—Justice Abdul Quddus. He drafted all the laws during Ziaur Rahman's time and also during Ershad's. Ershad appointed him as a justice. There are many such expert draftsmen. They become experts as they draft. There are many people who, if asked, can draft effectively.

Views Bangladesh: There is criticism that Ali Riaz is a US citizen. How reasonable is the question of whether he can reform the Constitution of Bangladesh?

ZI Khan Panna: That is a reasonable question. It is entirely logical. Where does his loyalty lie? With Bangladesh or with America? If he is to stay in one of the two countries, which one will it be? Can he make any decisions outside of American interests? I don't think so.

Views Bangladesh: Ali Riaz is a US citizen, and to become a US citizen, one has to sign an affidavit. If he wants to participate in governmental activities outside the US, he must provide statements every fifteen days.

ZI Khan Panna: I am not aware of that because I am not a US citizen. I am a citizen of Bangladesh. I know what a Bangladeshi citizen should do. If he wants to reform the Constitution of Bangladesh, he must have loyalty to Bangladesh. Without loyalty, he is not acceptable.

Views Bangladesh: Recently, the interim government decided to cancel eight special national days, including March 7 and August 15. They have not yet issued a notification. Especially regarding the cancellation of March 7, we know that this date holds significant context in the birth of Bangladesh. If March 7 is canceled, what should the freedom fighters or the state do now?

ZI Khan Panna: I have no comment on whether to grant a holiday or not. May Day originated in the US due to the shooting of workers in Chicago. I saw that there is no May Day holiday in the US; many people don’t even know what May Day is, yet some do observe it. March 7 is a milestone in our national life. It does not belong to Awami League; it is a milestone for the Bengali nation regardless of party affiliation. Whether or not there is a holiday, we must observe it. Granting a holiday shows a bit of respect for this day. And my comment about August 15 is, August 15 was not allowed to be celebrated, then why did it allow the press club to celebrate Muhammad Ali Jinnah's death anniversary on September 11, what does this prove?

It is not positive. It is certainly not progressive or beneficial for the Bengali nation. The members of Hizb ut-Tahrir want to establish an Islamic state. I don't know how much they practice Islam themselves. As Mahathir Muhammad said, we look for halal and haram in food but not in our income.

March 7 is a milestone for our nation, a signal to plunge into battle with whatever we have. I cannot express how great an inspiration that was. "Joy Bangla" awakened millions. That slogan spread like waves across the country. Today, it is not possible to achieve that. People did not come for money back then, unlike today, where people are paid to join rallies. When Maulana Bhashani called, people participated in his gatherings by spending their own money. Many prominent individuals attended his open fields with satisfaction. Is that possible today?

Today, there is criticism even regarding the Baishakhi Mela. We used to go to the fair. There were many toys, dolls, and we would buy flutes and sweets. Nowadays, people have forgotten Chaitra Shankranti, and the Nabanna festival has faded away. Those traditions have been lost.

Views Bangladesh: Two advisors from among the students, Asif Mahmud and Nahid Islam, have both stated that Bangabandhu is not the Father of the Nation. How do you view this statement?

ZI Khan Panna: They are speaking from within the realm of state power; they can not say that from outside state power. Bangabandhu did not declare himself the Father of the Nation; the people made him the Father of the Nation. We were the ones who chanted at that time, saying we want to see you not as the Prime Minister of Pakistan but as the Father of the Bengali Nation. This is a settled truth. He is the Father of the Nation—historical and settled truth. March 7 is a historical truth; March 2 is a settled truth; March 23 is the declaration of independence, and that day’s proclamation was made with Bangabandhu at the forefront—this is a settled truth. Whether we celebrate certain days or not doesn’t matter; he is intertwined with our national history. We do not celebrate the birth and death anniversaries of many national figures, yet they still exist. Not observing their anniversaries does not affect those individuals, but it does affect the nation. If we do not observe August 15, it does not affect Bangabandhu, but it affects the nation. The house at 32 was burned down, but that house is a part of our history. I am not involved with the Awami League of 1972, but I spoke with Bangabandhu in that house. Many famous people visited that house. That house was burned down? The entire nation witnessed it. They will remember. Those in power will see it one day. Where are Colonel Rashid and Faruk?

What is the mistake of the Awami League? The mistake was that they cast votes at night instead of during the day. A corruption that created astonishment. Providing shelter to the corrupt. In my opinion, Sheikh Hasina is not personally corrupt, but she has favored the corrupt. This government is doing the same.

(Continued)