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POST TIME: 18 November, 2018 00:00 00 AM
Our constitution was not a one man-show
In every constitution there are some sections with different interpretations. So, the interpretation of the constitutional legality may differ from person to person
Abdul Gaffar choudhury

Our constitution was not a one man-show

Thanks a million to our election commission for two reasons. Firstly, when the unity front demanded to shift the schedule and date of the election the commission accepted it without any hesitation and extended the date for 7days. Secondly, when unity front asked for further extension on the election date and no one else as the leader of the delegation of the BNP led unity front came to meet EC to place their demand, the commission very politely informed them about their inability to extend the date. In their discussion the CEC told Dr. Kamal that there is no scope for extension because of constitutional obligation. It angered Dr. Kamal and forgetting all civility he told the CEC, 'I have written the constitution. Do you want to teach me its meaning now?' Dr. Kamal is a veteran and respected politician of the country. But in more than one occasion he could not properly behave with other respectable people of the country. Very recently he exploded at the present Attorney General in the court room and called him 'bastard'. He had to apologize for this. There are other examples. But these two examples are sufficient to show that this wise and respected leader forgot to show respect to others.

The constitution of the country had been changed several times. In every constitution there are some sections with different interpretations. So, the interpretation of the constitutional legality may differ from person to person. If Dr. Kamal Hussain found any fault in the interpretation of the constitution by the CEC he could draw the CEC's attention to that. But arrogant explosion and behaviour do not suit his reputation and present position. I congratulate the present election commissioner for his patience and determination on not changing the date of the election unnecessarily in the face of such provocation.

The opposition so long demanded for immediate election and said if an election was held now Awami League would not get even 30 seats in the parliament. Then why are they demanding one extension after another? Before the BNP led unity front said that they will stop an election under Sheikh Hasina by people's movement. Neither they could mobilize the people nor could they stop the election. Some political observers in the country suspect that though the opposition announced their participation in the election, still they are engaged in the conspiracy to sabotage it. Their demand to extend the date of the election is a tactic to get time and more opportunity to foil the election. It is most unfortunate the man who claimed to be the father of the constitution is now helping those very people who in the past distorted the constitution and are now engaged in sabotaging the election under the constitutional law.

It is most unfortunate for me that I have to raise the question of who actually wrote our constitution. A committee was formed on the direction of Bangabandhu with several eminent experts. Dr. Kamal Hossain was the youngest member of the cabinet. His age was below 40 and he was law minister of the country. By virtue of his post Bangabandhu named him as the head of the committee. Tajuddin Ahmed drew Bangabandhu's attention to it and asked that despite there being so many elderly experts in the committee why a junior member was put as a head. Bangabandhu said, 'He is young and energetic and will be a good co-ordinator of this committee'. The-then president Abu Sayeed Chowdhury had also some reservations about this appointment. But Bangabandhu stuck to his decision.

If my memory has not failed then the constitution of 1972 was drafted by mass consultation and not by a single person. All the members of the committee had contributed in the framing of the constitution. Dr. Kamal was one of them. It was translated by Dr. Anisuzzaman, and the late famous artist Abdur Rouf of Khulna who had beautiful handwriting compiled it. This first handwritten copy was with the last President before BaKSAL Mohammadullah Chowdhury. After BaKSAL was introduced this copy was with Mahbub Talukder, the-then press secretary of the president and now a member of the election commission. Perhaps it has been preserved in the national archive, though I am not certain about it.

The Wednesday riots in front of BNP's office, at Naya Paltan when there was a big rush to collect nomination forms by BNP candidates was most unfortunate. Police tried to remove the people who were blocking the traffic. This cannot be turned into a clash between the police and the BNP supporters. Now BNP leaders are blaming government that the government was instigating the riots to disrupt the election. It is a ridiculous allegation. When the government is determined to hold the election on time why would they disturb it? But the suspicion in a large number of people are that a section of BNP leaders who are minority in the party, but who do not want to go to election under Hasina government is behind the game. Mirza Abbas and Rizvi, these two prominent leaders of BNP expressed their resentment against election and the Wednesday riots were started by the mob of Mirza Abbas, who were assembled there in the name of collecting nomination forms. These types of riots may occur again in the near future under similar flimsy excuses.

It is my assumption that a section of BNP leaders want to see the active presence of the country's military in the election. The EC did not agree to this and BNP wants to prove by creating disturbances here and there that without the active role of military a peaceful election will be impossible.

Tareq Rahman, the real leader behind the unity front already threatened that on the Election Day every polling centre will turn into a war-field. If that happens Dr. Kamal Hossain will be more exposed, not as the leader of the unity front but as a proxy of Tareq Rahman. I am thankful to him for one reason that he brought BNP to election at last. But whether he can control this wild horse remains to be seen. It is important for both EC and the government to remain ever vigilant to continue their effort to hold the election peacefully till the Election Day. Otherwise more disruptive incidents may happen throughout the election campaign like Wednesday's riot.

London, Thursday 15 November, 2018