July fighters to get constitutional indemnity: Home Minister

Home Minister and President of the Constitution Amendment Committee Salahuddin Ahmed has said that the non-partisan caretaker government system and the provision of mandatory referendum are being restored in the constitution. At the same time, an initiative has been taken to give legal and constitutional protection or indemnity to the heroic political and general participants of the July mass uprising as ‘July fighters’ in a specific schedule along with ensuring the historical recognition of the July mass uprising.

Salahuddin Ahmed said these things at a press conference after the sixth meeting of the special committee related to constitution amendment on Tuesday (October 6). He informed that a new bill for constitution amendment will be presented in parliament on the basis of the ‘July National Charter’ signed by the political parties.

The Home Minister said that the government is committed to implementing the July National Charter in the way the political parties have signed it including the note of dissent. Some changes are being brought in the constitution through which the provision of mandatory referendum will also be brought back to ensure the opinion of the people in the case of constitutional amendment along with re-establishing the caretaker government system.

He informed that 63 representatives participated in the sixth meeting. Due to the limitation of time, parents, brothers of the martyrs and representatives of various organisations of the injured were invited as representatives of the July fighters from the list of the Ministry of Liberation War Affairs. They demanded constitutional recognition of the July mass uprising and especially the inclusion of the relevant issues of the July Declaration in the appropriate places of the constitution. Some also gave the proposal of adding the declaration to the preamble of the constitution.

In this regard, it has been informed from the side of the committee that the issues will be held in the constitution in the way the political parties and various forces reached consensus at the time of formulating the July National Charter. The minister also informed that all the proposals given by the representatives have been recorded in writing.

Regarding the legal and constitutional protection of the July fighters, Salahuddin Ahmed said that the law that was made earlier through the issuance of an ordinance is still in force. However, to avoid judicial obligations and legal complications, the indemnity and constitutional protection of the July fighters will be ensured by determining a specific place in the schedule of the constitution.

The minister said that although the government and the court are independent in judicial activities, the government is sincere about rapidly completing the judicial support works such as investigation, prosecution and framing of charges. Alongside, an assurance has been given of rapid disposal of the ongoing cases in other courts under the Penal Code through intensive monitoring.

In reply to questions of journalists, Salahuddin Ahmed said that a national declaration was formulated on the basis of discussions of a long six to seven months in the South Plaza of the National Parliament after the July uprising. All anti-fascist political parties expressed agreement on it. It will be included in the schedule of the constitution in such a way that its legal basis is ensured and the July fighters get constitutional indemnity and security.

Regarding the political positions and comments of the opposition parties, he said that the government is implementing the National Charter exactly in the way the political parties have signed it. There is no opportunity to implement the charter without the note of dissent, because the consensus was reached in that way. A universally acceptable bill will be presented in parliament considering the issues of national interest and election manifesto.

Explaining the process of bringing back the referendum in the constitution, the Home Minister said that the referendum that was spoken about in the past was a legal referendum. However, there will be a provision of constitutionally mandatory referendum in the case of the changes that are being brought this time. If fundamental changes are brought regarding the preamble of the constitution, the fundamental principles mentioned in Article 8, Articles 48 and 56 and the re-establishment of the caretaker government, a referendum will have to be organised for the verdict of the people before the signature of the President on the amendment.

He said that the High Court has already declared the removal of the provision of referendum from Article 142 through the Fifteenth Amendment as unconstitutional. In the light of the ‘Doctrine of Eclipse’ or the theory of acceptance, that decision of cancellation has also practically been removed and the previous legal position has been restored. If the relevant provision is fully replaced in parliament, the matter of the referendum will no longer remain under question.

Regarding the structure of the caretaker government, Salahuddin Ahmed said that the structure of 1996 or 2006 is not being followed exactly. A final decision has not yet been taken on who will be the head of the caretaker government and through which process the interim government will be formed. The government is taking the opinions of people of various levels of society, the Supreme Court Bar Association, judges, former judges, constitutional experts and educationists.

He also informed that the position of the government is in favour of discarding the alternative of assigning the responsibility of the head of the caretaker government to the President as controversy was created over this in the past. If anyone outside the political parties observes a long march or programme on the streets, it will be viewed as their democratic right. However, the final decision on the caretaker government and the related constitutional changes will be taken through discussion in parliament.