"No one understands ABC of law, I am tired of explaining"

Dr. Shahdeen Malik is a prominent legal expert at the Supreme Court, a constitutional specialist, and a human rights advocate. He serves as the Director of the School of Law at Brac University and is a trustee on the board of the Center for Policy Dialogue (CPD). Additionally, he is a member of the central steering committee for Citizens for Good Governance, a civil society platform dedicated to promoting transparency and accountability. In 2013, he served as a legal advisor to the Bangladesh Election Commission. His extensive expertise in election law and contemporary politics has led to an in-depth conversation with our Staff correspondent, Md. Oliul Islam.

Bangla Insider: How do you perceive the recent formation of the Election Commission under the new law?

Dr. Shahdeen Malik: There has been much debate surrounding the formation of the Election Commission under the new law. In all laws, the first section is titled "Title." I recently mentioned that the title of this law should be "Ensuring the Certification of Desired Outcomes in Upcoming Elections Act." This would ensure that the government remains honest in the forthcoming elections. This has indeed been implemented, and we now have the "Certification of Desired Outcomes in Upcoming Elections Act."

Bangla Insider: Why do you believe that the title of the law should be "Ensuring the Certification of Desired Outcomes in Upcoming Elections Act"?

Dr. Shahdeen Malik: The ABCs of the law are not understood by anyone. Even I am tired of explaining. Similar laws exist for institutions like the Anti-Corruption Commission, the National Human Rights Commission, and the Information Commission. In all these institutions, key appointments are made by high court judges, Supreme Court judges, and members of the Cabinet Division.

Bangla Insider: What are the issues with this approach?

Dr. Shahdeen Malik: Justice Md. Abdul Matin, a retired judge from the Appellate Division of the Supreme Court, recently stated that he was a member of the Search Committee for the appointment of the first chairman of the Anti-Corruption Commission, as well as the subsequent Search Committees for the appointment of members to the Human Rights Commission and the Information Commission. They received several names and CVs from the Ministry of Law for these appointments. Justice Matin is a senior figure and he revealed these facts to a local media outlet.

Bangla Insider: But the Law Minister has said that there is no difference in the law?

Dr. Shahdeen Malik: The Law Minister hasn't read the law we drafted. We proposed this law in 2011, specifically for the Shamsul Huda Commission. Our country's main law book contains 40,000 pages. What I proposed for the Shamsul Huda Commission 10 years ago hasn't been placed on the table yet. Journalists can verify this if they wish. Then they can see where the differences lie.

Bangla Insider: Regarding the formation of the Election Commission, do you see any consensus for unity and any opportunities?

Dr. Shahdeen Malik: The law has now been passed, so there is no room for suggestions. The political parties will decide how they utilize this law. We, as civil society, analyzed the law thoroughly and proposed changes to ensure transparency in the appointment process. We will know who is being appointed and why. Unfortunately, the law does not include provisions for transparency. The law has now been passed, and there is no going back. In the past, I mentioned that the Digital Security Act should be called the "Freedom Control Act" to make it more transparent.

Bangla Insider: The national election at the end of 2023 or on January 24 is approaching. Do you foresee any uncertainties?

Dr. Shahdeen Malik: I have some suggestions for the upcoming election. It was also a part of the fourth amendment to our constitution. In March 1973, our first national parliament election was held, and according to the constitution, the term for this parliament was five years until March 1978. But in the 1975 fourth amendment, it was extended for another five years beyond that date. This historical example exists in our country. Now the situation is moving in that direction. The Union Parishad and Upazila Parishad Act states that the term for Union Parishad and Upazila Parishad elections is five years. By amending it to ten years without any fuss, the issue can be resolved!