Former chief justice ABM Khairul Haque yesterday refuted opposition’s allegation that scrapping of the 13th amendment to the constitution, which annulled the caretaker government, leading to the recent violence.
Justice Haque, who pronounced the verdict annulling the provision, said the court had no other option for upholding the sovereignty of the country’s people and democracy. “Our constitution does not support any situation, even if it is for three months, when the people will not be in power.”
He made the remark at a seminar in the capital when asked about the opposition’s allegation that the recent violence was a result of the annulment of the caretaker government system. Haque is currently serving as the chairman of the National Law Commission.
Referring to the history of USA, he said: “After the assassination of President Kennedy, Vice-President Johnson was not given even half an hour. When Kennedy was killed, Johnson was on an aircraft and had to take oath on the wireless. That was done because people’s sovereignty could not be put on hold even for a day.”
Condemning the recent attack on the Hindus, the former chief justice said: “I feel ashamed as a senior citizen and also as a Muslim that the minorities were being attacked before and after the national polls.”
Also present at the seminar, National Human Rights Commission Chairman Mizanur Rahman said the government had failed to take effective steps against those, who played havoc on the minorities.
In 1996, in the face movement by the then main opposition Awami League and other parties, the BNP brought the 13th amendment incorporating the provision for the caretaker government.
The weaknesses of the system came to the forefront after the previous army-backed caretaker government stayed in power for two years instead of stipulated three months. In 2011, an Appellate Division bench, headed by Justice Khairul Haque, scrapped the provision.
The BNP-led 18-party opposition alliance has been on the streets since, protesting the ruling.