Dhaka – Minister for Law, Justice and Parliamentary Affairs Anisul Huq on Sunday said that the court observation “no nation – no country is made of, or by one person” given in the judgment scrapping the 16th amendment to the Constitution distorted the history.“There is no doubt that the history has been distorted as you know the independence and proclamation of independence were not achieved overnight…It had been achieved through a political movement in 1971. Finally, Bangabandhu had proclaimed the independence in the wake of people’s verdict,” he told a questioner at Dhaka Reporters Unity’s “Meet the Reporters” programme at its auditorium at Segunbagicha in the city.
The minister said, “There is still no definition of misconduct. In that case it has to be examined whether it is fallen into misconduct or any other thing was happened.”
He termed the observation is irrelevant in this case, contradictory with the history and tantamount to distort the history. The government is thoroughly scrutinizing the full text of the verdict, he said.
Replying to another question, Huq said the government would file a review petition with the Supreme Court seeking expunction of some what it said irrelevant observations given in the recent appellate division verdict scrapping the 16th amendment.
“You (journalists) may assume that if it is necessary, in accordance with the Supreme Court rules, to file a review to seek expunction (of observations). We will file a review for expunction,” he told a questioner asked whether the government is going to file a review petition or seek expunction.
He, however, did not specify any date for filing the petition saying that they are identifying the irrelevant observations in the 799-page judgment on the 16th amendment to the constitution.
The government is yet to decide whether it will place a review petition regarding the verdict since it is now examining the full verdict of the Supreme Court. The SC had given a long verdict… it will take time to scrutinise it to reach a decision whether a review petition will be placed or not, he added.
Replying to a question on Saturday night’s meeting between Awami League general secretary and Obaidul Quader and Chief Justice Surendra Kumar Sinha, the law minister said discussions can take place to solve any problem.
“I don’t know about the matter of their discussion. But problems can be resolved through discussions for the sake of the country and its people,” he added.
Asked whether the verdict has automatically restored the provision of Supreme Judicial Council, he expressed his doubt in this regard saying that two former chief justices—Mahmudul Amin Chowdhury and ABM Khairul Haque–observed that it would not automatically be revived.
In its full verdict on the 16th constitutional amendment released on Thursday, the apex court said the provision of Supreme Judicial Council (SJC) for the removal of SC judges for misconduct or incapacity has been reinstated in the constitution.
The court also came up with a 39-point code of conduct it formulated for the SC judges in exercise of powers under the article 96 of the country’s charter.
Criticisms from the lawmakers and cabinet members have engulfed the apex court since it scrapped the 16th amendment to the constitution.
The law minister said the country faces no constitutional crisis because of the Supreme Court verdict that upheld a High Court judgment scraping the 16th constitutional amendment.
When his attention was drawn about protest programme of pro-Awami League organization, he said the people have a right to protest but they also need to be respectful to the judiciary of the country
He however said that we should be respectful to these posts of chief justice, speaker, prime minister and president since those are institutions of the state.
The law minister explained that the section 57 of the ICT act was not made to harass journalists and that’s why a tougher procedure has been laid down to lodge any case against journalists under the section.
He assured that there would not be any law that would harass journalists and called upon them not to be afraid of it.
“The law was not enacted to hamper the transparent journalism. Your (journalists) concern to clear the section 19 and 20 in the proposed digital security act would be cleared before its enactment,” he said.
DRU president Shakhawat Hossain Badsha presided over the function while general secretary Mursalin Nomani conducted it. Law secretary Abu Saleh Sk Md Zahirul Haque was present on the occasion, among others. – Staff Reporter
