The president’s decision to send the minutes of his meeting with Opposition Leader Khaldea Zia to the government for consideration of the cabinet was lawful but the request does not put the government under compulsion, legal experts say.
Lawyers and politicians belonging to all political beliefs on Friday said the president could act as an intermediary between the two sides to bury the hatchet.
Khaleda on Monday went to Bangabhaban to request the president to initiate a negotiation with the government over the polls-time administration.
The president gave a patient hearing and assured the opposition that he would do everything possible within his jurisdiction.
Accordingly the Bangabhaban sent the minutes to the government for consideration in the cabinet which should determine everything related to executive in a parliamentary democracy.
President Abdul Hamid also “personally” asked Awami League general secretary to initiate talks with the BNP secretary-general for an amicable solution to the political deadlock.
Constitution expert and former attorney general Mahmudul Islam in his book Constitutional Law of Bangladesh – considered the best book on the constitution of Bangladesh – writes that the president may request the prime minister anything for consideration of the cabinet.
In his writing he referred to the article 48(5) of the charter.
“On paper this may not appear to be a power at all but it has considerable importance. A man of high stature, integrity and experience holding the office of the president can exert great influence on the government by way of advice and counselling and play a great role in building a bridge between the government and the opposition”.
Senior Awami Leader Suranjit Sengupta, who was the vice-chair of the constitution amendment committee of the Jatiya Sangsad, told the Dhaka Tribune that the constitution permitted the president to place before the government any matter he thought important.
“But such request in no way put the government under compulsion. The cabinet can either accept or reject it,” he said.
Barrister Rafiq-ul-Haque said the president was free on two occasions: appointments of the prime minister and of the chief justice.
“But the constitution has placed him above everyone. This president is very respectful so he can invite the prime minister and the opposition leader to discuss the current political stalemate for an amicable solution,” Barrister Rafiq told the Dhaka Tribune.
Dr Shahdin Malik, a lawyer, told the Dhaka Tribune that the president could ask the government to discuss any important matter for the country.
“So I do not see anything wrong with his decision to send the minutes (of the meeting with opposition) to the executive for consideration,” he said.
“But it is the cabinet that has the right to reject or accept the same”.
He said the president could invite any persons he thought important to take their opinion on any matter.
“Danger is looming large over the horizon of the country with the deteriorating government-opposition relations. Given the gravity of the matter the president has the moral authority to initiate talks between the feuding parties,” said Shahdin Malik.
“Nothing will prevent the president from taking any initiative to resolve any conflicting situation,” he noted.
