Who is the real victim in the present conflict?
The present Awami League government was respectful to these foundations and they have been trying to strengthen the fundamentals of democracy
Abdul Gaffar Choudhury
We all cry for democracy. Modern democracy is based on four pillars. These are-legislature, executive, judiciary and press. These four institutions are almost equal in power and without their proper role in the governance of a country democracy cannot function properly. Although every political party in Bangladesh shed their tears for democracy, they do not care for its foundations. After the August tragedy of 1975, legislature or parliament lost their sovereignty by military and autocratic rulers and judiciary also became somewhat subservient to the executives. Press lost its freedom and executives were no more accountable to people. The people of Bangladesh struggled to re-establish democracy in the country and succeeded a few years ago. It was hoped that after re-establishing democracy legislature would gain its sovereignty, judiciary would be acting independently even if in a limited way, press would be free and executives would be accountable to the people through parliament. The present Awami League government was respectful to these foundations of democracy and though still suffering from the legacy of the past, they have been trying to strengthen the fundamentals of democracy. If the democratic process could continue unhindered for a few years then its foundations would be more firmly rooted and would be fully free from the legacy of the autocratic past. But the present conflict between the executive and judiciary has created a situation where doubt may arise if the two pillars of this democracy would remain unharmed. One day this conflict will be resolved but the damage it has done to our national life will hinder the growth of democracy in the country.
Who can we blame-executives or the judiciary? Now it seems to be a power struggle between both executive and judiciary. This unnecessary struggle is neither strengthening the judiciary nor the executives. It will weaken these two strong pillars of democracy and may help an unholy, anti-people alliance grab the power. I hope this will not happen. But if it does then both executive and judiciary will lose their power and independence. Someone will then say that like Louis the XIVth I am the state. In that case sovereignty would not belong to the legislature and judiciary.
The country is now heading towards a political crisis. The combined wisdom of our legislature and judiciary could still avoid this crisis if they come to their senses and compromise. Our civil society and political parties who love democracy should unite and keep pressure on both sides to settle this issue amicably. Otherwise, the country will be in a very dangerous position. Then the question will not be who will win, but whether we would be able to keep our democratic existence. This conflict between government and judiciary started after the Supreme Court appellate division upheld the verdict of the High Court regarding the 16th amendment of the constitution. Government accepted the verdict but expressed their displeasure about some observations of the Chief Justice in which the parliament was criticized and a reference to the Father of the nation was thought to be objectionable and irrelevant.
The present government reacted angrily to this observation and it started a conflict between legislature and judiciary. In the present political situation in the country this controversy is very explosive in nature. If our judiciary wanted to achieve more independence then this confrontational policy was not necessary. This confrontation may help the anti-democratic forces who want to grab the power and who are now taking every advantage to manipulate the situation in their favour. In this case restraint was expected from both the parties-government and the judiciary. This controversy and confrontation will not enhance the prestige of the government or the independence of the judiciary, but this may create a political instability which may linger long.
I do not know, what inspired our respected Chief Justice to criticize the government, parliament and the general condition of the country so strongly which was not related and relevant to the verdict on the16th Amendment. On the other hand, Awami League has overreacted to this observation which was not a part of the verdict. This observation could harm the present government in the long run. It is natural they will protest it but with decorum. They can criticize Surendra Kumar Sinha, but not the office of the Chief Justice, which is an institution. It is a century old tradition from the British period that we keep the head of the state and the head of judiciary above all criticisms. These two institutions are the safeguard of peoples sovereignty and independence. In Bangladesh we have dishonoured these two institutions without considering its far reaching consequences. In practice though we are always crying for democracy, we have lowered down the status and prestige of the two pillars of democracy knowingly or unknowingly. For this, democracy cannot materialize in our political life or in the society.
In this regard BNPs hypocrisy is noteworthy. They want to use this crisis to achieve their political goal knowing full well this may harm the greater national interest. They are now shouting against the government that they are violating the independence of judiciary and showing disrespect to the Chief Justice. They have forgotten their past. They humiliated their own nominated president of the country Dr. Badruddoza Chowdhury and forced him to resign. He was ousted from the Banga Bhaban by the police force and some BNP workers were shouting and chanting abusive words at him when he was leaving the President house. His only offense was that after becoming the president by the nomination of BNP, he went to visit the Mazar of the Father of the Nation with flowers to pay respect. Without any proper charge or procedure he was removed from the highest post of the country without BNP showing any respect to the Head of the state or dignity to the post. This is not end of the story. After resigning from the post of the President Dr. Badruddoza, the ex-president of the country was in a procession at the rail crossing of Mohakhali. The workers and supporters of BNP (allegedly under the instruction of Tareq Rahman) attacked him with sticks and chased him. He had to run on the rail tracks for the safety of his life. It is unheard of in the time of modern democracy that an ex-president was mobbed and dishonoured by the very party of which he was one of the co-founders. Now BNP is shedding crocodile tears for the judiciary and the judicial chief.
BNP is now accusing Awami League that the party is trying to undermine the judicial independence and honour of the Chief Justice. They have conveniently forgotten what they did to two of their nominated presidents of the country- Abdur Rahman Biswas and Professor Iajuddin Ahmed. Both of them were forced to act as the agent of their party, not as independent head of the state. When they lost confidence in Iajuddin Ahmed they declared him sick, sent him to hospital and appointed an acting president. There was rumour that Iajuddin Ahmed will be forced to resign. He did not resign but came back to the President house and there were two presidents in the same house. It was not only a mockery of democracy but absolute disrespect to the institution of the head of the state. At least Awami League government did not do this to the institution of the head of the state or the head of judiciary. Even when justice SahabuddinAhmed, Awami Leagues nominated head of the state betrayed their confidence they did not play any trick to remove him from his presidency or dishonour him.
In the present crisis it seems that Awami League allowed some of their leaders and ministers to criticize the Chief Justice beyond civility. His observations may be criticized, but not the institution. This crisis will end one day but the damage that has been done to one of the pillars of democracy is irreparable. Still we can minimize the damage by stopping from this verbal war which will not enhance the good name and popularity of the present executives. If present executives and judiciary are condemned by each other then the ultimate victim is democracy. Our present politicians are outwardly crying for democracy but in reality they are destroying its very foundation. There is still time, they must be aware of this danger.
London, 24 August Thursday, 2017
