Senior jurists on Friday differed with the prime minister, Sheikh Hasina, saying that there had been no violation of the constitution by not deploying the army in the Narayanganj City Corporation elections despite an Election Commission requisition.
Sheikh at a discussion marking Jail Killing day in the Bangabandhu International Conference Centre on Thursday said that the constitution had not been violated by not deploying the army in the Narayanganj City Corporation elections.
Dr Kamal Hossain, who led the drafting of the constitution in 1972, said that avoiding deployment of the army in Narayanganj despite the Election Commission’s requisition was a clear violation of Article 126 of the constitution
‘Article 126 says, “It shall be the duty of all executive authorities to assist the Election Commission in the discharge of its functions” and the Awami League-led government did not conform to the obligation,’ he said.
Supreme Court lawyer Shahdeen Malik, also director of the school of law at BRAC University, said, ‘From the prime minister’s comment, it seems that the executive does not have a clear understanding of its obligation under the constitution in assisting the Election Commission.’
‘It would have been better if the prime minister had been advised by legal experts before making whimsical comments about constitutional obligations,’ he said.
The Supreme Court Bar Association president, Khandker Mahbub Hossain, said that the prime minister had violated a constitutional obligation that is clearly stated in Article 126.
‘The article clearly says that it is the executive’s duty to assist the Election Commission. So the government did violate the constitutional obligation by ignoring a formal requisition from the Election Commission,’ he said.
Mahbub also said that the prime minister at the same programme had also violated the constitution by making remarks maligning the army.
‘She said that the opposition was expecting to rig the elections with the help of the army. It proves the prime minister’s no confidence in the army which is the symbol of our sovereignty. It is clearly an act of sedition,’ he said.
The chief election commissioner, ATM Shamsul Huda, meanwhile, said that the commission had sought an explanation from the Armed Forces Division for the non-deployment of the army in the Narayanganj polls.
‘We have sent a letter officially in this regard. Let us see what they say,’ he told news agency bdnews24.com.
Shamsul resented non-deployment of the army saying that it was against the constitutional obligation.
Source: newagebd.com/newspaper1
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