এডিটর’স মাইন্ড

Sophism over presidential election; frustration on the faces of 1/11 conspirators


প্রকাশ: 18/02/2023


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Once Gopal Bhar was in a serious stress. Maharaj Krishnachandra askes, ‘Gopal, can you tell me whats the distance between truth and lie?’ After thinking for a while Gopal said, 'Your Majesty, their distance is very short.' 'What are you saying?' roared Krishnachandra. 'Are you out of your mind?' 'Forgive me your Majesty. The distance between truth and falsehood is not greater than the distance between God's eyes and ears. Most of what one hears is not true. What the eye sees is the truth.' Maharaj Krishnachandra was pleased with Gopal's answer and rewarded him. Fortunately, Gopal Bhar was not born at this time. Then he would see that sometimes most of what the eye can see is false. Not only in all social media including YouTube, Facebook, but also in some mainstream media, it is as if an exhibition of lies has been opened. The distance between truth and falsehood is not small, but they have become one. Wise scholars are also selling lies in the guise of truth. Let's take the new presidential election for example. Md Sahabuddin was elected the 22nd President unopposed on February 13. The Prime Minister has ensured strict confidentiality in finalizing his nomination. Even the top leaders of Awami League were also in the dark before submitting their nomination papers for the presidential election on February 12. All those who have been mentioned in the media as potential presidents have been attacked on social media. Many unrealistic, obscene and ugly comments have been spread about them. Apparently, some were waiting to make the new president controversial and questionable in order to rig the upcoming national parliamentary elections. A group wants to thwart the upcoming National Assembly elections. That is why all arrangements were made to stir up water with the new president.

That is why the newly elected President Md. Sahabuddin was kept at a safe distance from Goebbelsian propaganda and the calculation of the conspirators were turned upside down. The great civil servants kept searching for information in the dark. But our civil society is a rare breed of genius. They have great skill in turning the truth into a lie. Bigger wizard than Jewel Aich to dispute any normal decision. A new president was elected and the civils will not question him? That’s impossible. Like searching for pearls in the sea, they started trying to find out the flaws of the new president. One of One-Eleven's Kushilabs and a One-Eleven's spokesperson newspaper, succeeded in this attempt. Two reports were published on the same topic in one day. Both have the same subject matter. Since the newly elected President was previously the Commissioner of the Anti-Corruption Commission, Section 9 of the Anti-Corruption Commission Act, 2004 will apply to him. Article 9 regarding the 'Commissioner's Incapacity' states that 'after termination of service no Commissioner shall be eligible for the appointment of any an office of profit in the affairs of the republic'. Based on this source, the civil scholar ignited the criticism of the presidential election with a distorted interpretation of various articles of the constitution. Immediately, mourning started on social media and began the constitutional debate on the presidential election. Of course, I want to call it a bad argument rather than a debate. Because arguing loudly about a settled issue is a bad argument. Section 9 of the Anti-Corruption Commission Act states that, 'he shall not be eligible to be appointed to any an office of profit'. Which means, the government cannot 'Appoint' him in any office of profit. The question is whether the president is appointed? Article 48 of the Constitution states that "Bangladesh shall have a President who shall be elected by the Members of Parliament in accordance with law." The President is elected, not appointed. The President is above all individuals. Head of state. Who will appoint him? Who will sign his appointment letter? Therefore Section 9 of the ACC Act will not apply in this case.

Now let’s see if the post-presidency is an office of profit or not. The matter is clarified in Article 147 (3) of the Constitution. Article 147(4) of the Constitution states that the office of President, Prime Minister, Speaker or Deputy Speaker shall not be considered as office of profit. Therefore, according to the constitution, the post of President is not office of profit.

According to 48(4) b of the constitution, if a person is not eligible to be a member of parliament, he will be ineligible for election as president. Article 66 of the Constitution deals with the eligibility and disqualification of the President. Article 66(3) states... 'No person shall be deemed to hold any office of profit in the affairs of the Republic merely by virtue of being the President, Prime Minister, Speaker, Deputy Speaker, Minister, Minister of State or Deputy Minister.' In other words, the fact that the post of President is not office of profit is clearly mentioned in the constitution. There is no if or but. Even if there is any doubt, only The Supreme Court of Bangladesh has sole jurisdiction to interpret various ambiguities of the Constitution. In 1996, the Awami League government elected the former Chief Justice of the Supreme Court Md. Sahabuddin Ahmed as the President. Some claim that since Sahabuddin Ahmed was the Chief Justice, he cannot be the President. Because according to them the post of President is office of profit. Justice Sahabuddin Ahmed's assumption of office as President was challenged in the High Court with such arguments. In that case, the High Court ruled that the post of President is not office of profit. After that, there is no opportunity to raise new questions about it. But after all it’s the civils. They themselves speak of the rule of law, yet they are the ones who violate it the most. Our civil servants talk about the independence of the judiciary. But when a civil controlled government came to power, they wanted to make the judiciary subservient to them. Used the judiciary to legitimize illegal power grabs. The constitutional validity of the unelected government of one-eleven was questioned. The caretaker government had a constitutional obligation to hold elections within 90 days. But Dr. Fakhruddin's unelected government's desire to run the country forever became increasingly visible. To give permanent settlement to the unelected government, one civil servent went to the High Court and said, ‘There will be no violation of the constitution if there is a caretaker government until new elections are held.’ In fact, Dr. Fakhruddin's two years in power was unconstitutional and this time again, the same civil society misinterpreted the constitution in the same way. It was this Civil who gave the knowledge to the nation a few days ago that 'there will be no harm if there is an elected government for a few years'. It is clear in the constitution that the post of President is not office of profit. There is no loophole in the constitution in this regard. The person or persons who tried to create controversy about the presidential election are ignorant, but not uneducated, stupid and there is a motive behind it. This is part of an ongoing effort to bring about another one-eleven. For the past one year, the Kushilabas of 1-11 have been busy and active. They are trying to mislead people with various false and misleading information about the country's economic crisis. Bringing up many interesting issues like good governance, democracy, corruption, etc. for the donors. Seeking to repeal the current constitution by talking about a state reform framework. BNP and other political parties are inciting arson, violence. Their aim is to create panic and unrest among the people. Civili society want political violence. If an ex-bureaucrat, a weak-minded figure or a man favored by the civils became the president, then the conspiracy would have been easy for them. Some of the civilists hoped that the new president would secretly ally them. Surrender to them out of fear or will break under pressure. But the name of the new president was not in their diary. They did not even think that the Prime Minister would make such a surprise about the new presidential election. The Prime Minister has made President a man who will not bow down. Won't give in to temptation. The newly elected president cannot be turned into a toy of the civils. He will not sell his ideals even at gunpoint. Some may think that the presidency is now a rhetorical term. What is there to calculate so much? What can the president do to protect democracy? Democracy can only be affected through the President. One-eleven is the last example of that.

The new president will take office on April 24 this year. At a challenging time, he has to be anointed as the first citizen of the country. The new president is therefore very important for the country and the state. At this time certain qualifications of the new president are essential to protect democracy. Especially when it comes to conspiracies regarding elections. Attempt to bring in another unelected government.

There was a need for a president who rose from the grassroots. Especially after the prudent guardianship of Md. Abdul Hamid, this expectation only raised among people who wanted democracy. Awami League President and Prime Minister, Sheikh Hasina, has nominated a person as President, who has grown from the grassroots. He was the president of Pabna District Chhatra League. He also served as the President of the District Jubo League at a difficult time. One who is idealistic and has passed the test of adversity can bravely face difficult situations when he becomes President. Sheikh Hasina has chosen someone as President who has not only passed the test of ideals, but is exemplary. On August 15, 1975, Father of the Nation Bangabandhu Sheikh Mujibur Rahman was brutally murdered with his whole family. After that, most of the Awami League leaders and workers were confused. At that time, the few leaders across the country protested the killing of the father of the nation. Md Sahabuddin Chuppu is one of them. He was tortured while protesting. Imprisoned. He was not distracted by any post 75 crisis. He has walked on the right path forever, steadfastly.

The third expectation was for a president who could stand up with personality and a straight spine. Who is not afraid of threats. Sahabuddin Chuppu is one such personality. He has given proof of this while serving the Anti-Corruption Commission. At this time, the drama of the World Bank started with corruption in the Padma bridge. The Anti-Corruption Commission investigated the matter. When World Bank representatives visit Bangladesh and held meetings with the Anti-Corruption Commission. Commissioner Md. Sahabuddin Chuppu was the mediator of the discussion on behalf of the ACC. He was the first to officially announce that there was no corruption in the Padma Bridge. He did not bow down to pressure from the World Bank. In the past, war criminals, anti-independence or opportunists who served Pakistanis in the war of liberation have become heads of state. They have tarnished this highest post. Freedom fighters like Zillur Rahman, Md. Abdul Hamid gave dignity to the post of President. Everyone expected that a brave freedom fighter should be the guardian of the state. The new president fulfils all these expectations.

The President is above the party. He is the guardian of the state. Therefore, it is important to focus on the expectations of the common people in the presidential nomination. What kind of president did the common people want? How much has the newly elected president of the Awami League met the expectations of the common people?

Common people want as president, a person without controversy. There is no major controversy in his working life. Md. Sahabuddin Chuppu is such a person. His illustrious career as a judge is unblemished and uncontroversial. In his career, he has performed his duties there and he has excelled himself there. The second expectation of the people is that the President should be polite and elegant in speech. Md Sahabuddin has spoken on various topics during his career and retirement. His speech was always elegant and restrained. He never made a fuss by making irresponsible controversial comments. He is known as a person with neat taste. Md Sahabuddin is always known as a 'low profile' person.

Common people want a president who is acceptable to all, above party affiliation. He might believe in one political ideology; he may have his own opinion on any political issue. But he will be a person who will value everyone's opinion. Listen to all sides. Md. Sahabuddin Chuppu had to stay in such a position as a judge for a long time. During his career, he never showed radical expression of party ideology. He was a person who was accepted by everyone even though he was steadfast in his beliefs. The proof is found in the election of the Secretary General of the Judicial Service in 1995. So, when Sahabuddin Chuppur's name was officially announced as the president, people were surprised, not disappointed.

It will be understood only after assuming responsibility, how efficiently and impartially Md. Sahabuddin can perform his duties. But his past indicated that he will serve as a fearless guardian to protect democracy. Sheikh Hasina once again proved that she is a seasoned jeweler. Keeping everyone's expectations in mind, the way she chose the name of the new president took her to new heights. Sheikh Hasina appointed the new president after many calculations. In this, Kushilav's dice of 1-11 are overturned. They understood that the newly elected president would not be Iajuddin. The civils dream for another one-eleven is only getting blurred. Trying to create a debate whether their presidency is office of profit from the pain of frustration. The Civils thought that in the same way that they had given credibility to the propaganda about Bangladesh's human rights crisis, they would also oust the President with a heavy and rigid interpretation of the Constitution. Civilians know very well that another one-eleven is not possible if Md. Sahabuddin is the president like Abdul Hamid.

By adding Article 7(a) of the Constitution, the Prime Minister has permanently blocked the way to seize power unconstitutionally. And by showing surprise in the new presidential election, she closed the door of conspiracy in Bangabhaban.



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