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Tuesday, May 17, 2011

[chottala.com] Fwd: Sheikh Hasina out of US Relation




FYI, Please read the massage below!!
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                  Sheikh Hasina Out of US Relation
                    By:  Abu Zafar Mahmood,USA


The Prime Minister`s son and her adviser feels nervous as well as frustrated as failed to get interview with US Senators in Washington DC. The Senators are busy and could not have time for schedule with him. That happened in first week of May one after one.
On the other hand, Ex-Prime Minister Khaleda Zia will come in US on Saturday May 21 and will leave on Friday May 27.She will be busy in Washington DC to meet with Secretary of State and Ex-first lady Hillary Rodham Clinton and at least 5 highly important policy makers. Vice-President Joseph Biden might welcome her in meeting also. Noble laureate Professor Mohammad Yunus arranged the US schedule for Bangladeshi Leader. Undoubtedly it will be a significant and meaningful start.
Bangladeshis in United States are preparing to welcome Ms. Zia with warm-heart reception in New York.Dr Mujibur Rahman Majumder is the Convener of the reception preparatory committee . Venue: Sheraton New York Hotel and Tower on 811, 7th avenue, Manhattan on May 22 at 5.30pm.Interestingly Khaleda Zia is appearing as the saver of US-Bangladesh relation and a symbol of balanced diplomacy for Bangladesh.
On behalf of Ex-Prime Minister 17 visa requests were submitted in US Embassy in Dhaka and all are honored with no question. This surprising news of Bangladesh politics has started blowing new breeze in diplomatic circle and government administration in Dhaka. Shomser Mubeen Chowdhury, the Foreign relation adviser of ex-Prime Minister moves faster with calculated steps. Side changing also has started. Bangladesh is taking US sides clearly with the next leadership.
"US Embassy in Dhaka denied the visa request as Bangladesh Foreign Minister was not needed to attend in a global forum that was advised by Dr. Susan Elizabeth Rice, the permanent representative in United Nations. United Nations had the meeting. The member countries were invited by Secretary General Ban ki- moon" that was mentioned in article "Dipu Moni was denied for US visa" in 1st week of April in internet websites and blogs at a time. Where she requested for 11 visas as she did the same lot of times. These extras never return back. She is also suspected for money laundering too. However, the main content of article has carried the message of US wakening on Sheikh Hasina government and unmasked the face of the greatest super power on distancing from this Government.

I made alert Bangladesh about the imminent danger whereas Minister Dipu Moni and foreign Ministry have been misleading intentionally and purposefully as she assigned for. Bangladesh has failed to maintain the balanced trends in foreign relations. The anti-US policy of Hasina government, whether it is covert or overt, is a mere baby-fun with fire and welcoming the tsunami at own home.

US Embassy in Dhaka is adapting hard scrutiny for questioned marked persons regarding their entrance in United States. It includes ministers, MPs, Politicians, Businesspersons, diplomats, Artists, Educationists, civil beaurucrats (Military, Police in service and retired) etc. This list is long and most of those are related with present government though there are many that don`t belong government alliance also. The multiple visa holders of this list will find rejection at the time of request of entering in United States. Though the Embassy becomes more liberal for the common Bangladeshis.
I repeat, the relation between US Government and present Bangladesh government is not friendlier and the Minister bluffs if she says it remains as worm as it was at the beginning of this government. This turn is the output of anti-US policy of Hasina government and failure of balanced diplomatic policy whereas the pro-government political intellectuals are arguing and painting this hard-line move as the return in liberation war spirit of 1971.
The trial of  pro-Pakistanis in the name of war crime as now been initiated and taking shelter under Indian dominion is the main spirit of "muktizudder chetona" and conflicting against US-China-Islamic countries-Pakistan is the ideology of Bongo-Bondhu Mujibur Rahman as they adapt as the great alliance`s political line. This government is returning to 1972 constitution and returning to political line of 1971 liberation war spirit as their political party manifesto.
 Though Kader siddiquee Biruttam and A S M Abdur ROB that well-honored for contribution in liberation war, are opposing the government for such childish big mouthing and blackmailing the nation. The anti-Awami league largest political camp BNP also remains out of Government line where all most all Islamic social and political groups stand against govt. and are creating political turmoil across the country. All political groups are criticizing the undemocratic manner and one-eyed foreign policy of the government.
Under such political conflicting situation, the policy of muscling on Grameen bank and noble laureate professor Yunus unmasked the inner face of the government worldwide. Sheikh Hasina uses her Prime Minister position to damage the Bangladeshi world leader and at the same time highlighting Indian Hindu noble laureates as she is assigned to execute such design.
In many open discussions the possibility of drop down of Hasina government is almost common now-a-days. Even the senior Awami League Leaders are also passing the same opinions everyday as others. Government officials also find different currents in the flow of air. Foreign diplomats already are not seen in Prime Minister`s meetings.
Due to the US-Indian conflict of interests in Bangladesh the drop down of pro-Indian Hasina government is counting the days and searching the avenues to hide from Bangladesh in emergency. Grameen bank and noble laureate Yunus issue has been ringing the bell abroad for creating open supports for US attempt.
The immediate past Prime Minister is scheduled to visit America in May 22 to find the support from State department for her acquiring governance power in Dhaka though her two sons and closest aides are widely accused for crimes and thrives. Her junior aged two sons became owner of huge money that seems abnormal and raises question marks. Her party BNP is also accused for harboring terrorism and also at the same time publicly believed as B team of pro- Indian brokers. The Great alliance and the previous care taker government have been bringing the accusations in public though it is not proved by the court yet.
(1)Who will take over the steering of the government in that situation? (2) How far the parliamentary democracy contributed in strengthening the democratic structures under brute majority in parliament? (3)Does it strengthen the security and sovereignty of Bangladesh? (4) How far it unites the citizens to advance towards grabbing the partnership of the global opportunities?(5) Why the parliament turned as the club of fun and jokes?6) What is the remedy of Continuous disaster in share market?(7) Why Prime Minister, her Ministry, great alliance and parliament jointly pushing the Muslims to confront the government?
(8)How many foreign Intelligence teams are using Bangladesh as their practice ground? (9) Why Bangladeshi Intelligence teams are damaged and broken under present government? (10) What is the purpose of bringing huge US small arms in Bangladesh and why the DGFI and NSI staffs had to carry all these arms, instead of daily labors, from Dhaka airport to cantonment under US army pressure?(11) Why America has abandoned Osama and his terrorists issue from Bangladesh whereas Hasina and her loyalists are beating the same drums?
In the meantime the 1/11 group found active and they will oppose BNP`s regaining power at anyhow.  Serajul alam Khan also trying organize political platform to show his credibility and to appear in bargaining in time during staging the next drama. However, the political rivalry in Bangladesh might turn in muscle contest very soon. Though the peace coming citizens have been crying for democratic rights.
 (Writer is a free-lance Journalist and Political analyst. E-mails: rivercrossinternational@yahoo.com & azmnyc@gmail.com).Dated:-May 10, 2011.




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ShaLiM


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[chottala.com] Bangladesh: Violation of the Constitution at the top level



Bangladesh: Violation of the Constitution at the top level

 

Barrister Nazir Ahmed

 

Constitution is the most important written document of the People's Republic of Bangladesh.  It is the highest law of the Republic.  It is the reflection of peoples' wishes and desires. Constitution of Bangladesh itself declared its supremacy by saying "This Constitution is, as the solemn expression of the will of the people, the supreme law of Bangladesh, and if any other law is inconsistent with this Constitution that other law shall, to the extent of the inconsistency, be void" [Article 7(2) of the Constitution].  All citizens regardless of their position are supposed to obey and follow the Constitution.  Specially those who are in power should be the role model in following the Constitution.  What will happen if the government itself, more specifically the Prime Minister herself, violates the Constitution in several ways?  What will the general public do? Where will they go?  We aim to show in this article how the Prime Minister, the head of the current government who herself came to power by the force of the Constitution, has violated the very Constitution in at least seven ways.

     

Firstly: Under Article 145A of the Constitution, all treaties with foreign countries shall be submitted to the President who shall cause them to be laid before Parliament. The said Article also says provided that any such treaty connected with national security shall be laid in a secret session of Parliament.  After the current government came into power following the General Election on 29 December 2008, the Prime Minister visited India and signed some important treaties and bilateral agreements with Indian.  None of the agreements and treaties has yet been placed in Parliament.  The Treasury Bench MPs have not even seen those agreements and treaties in Parliament, let alone the opposition MPs or other stake holders having a chance to see.  Even if those agreements or treaties contained any component of national security at all, they could have been laid in a secret session of Parliament, as provided by the above Article.  But the government did not do that.  This is clear violation of the Constitution and democratic norms (indeed against the norms and practice of the parliamentary democracy).

 

Secondly: Article 77 of the Constitution provides a provision for the establishment of the office of Ombudsman.  Article 77 says: "(1) Parliament may, by law, provide for the establishment of the office of Ombudsman, (2) The Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine including the power to investigate any action taken by a Minister, a public officer or a statutory public authority, (3) The Ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before Parliament."  In spite of having a clear constitutional provision, no governments since 1972 (when the Constitution was formally adopted) have ever attempted to establish the office of Ombudsman.  Parliament passed the 'Ombudsman Act 1980' in 1980 and empowered the government to bring it into force by notification in the official Gazette.  The Act has not been brought into force and the office of Ombudsman has not been established yet though more than two decades have elapsed since the passing of the Act.  If all the governments, both past and present, have been reluctant to establish the office of Ombudsman, what is the point of keeping such provision in the Constitution?  Although the respective Prime Ministers or Presidents since 1972 have been liable for violating this clear constitutional provision, the current Prime Minister cannot deny her liability for her terms. 

 

Thirdly:  Under Article 49 of the Constitution, the President shall have power to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.  This provision has clearly given power to the President to pardon a person or remit or suspend his sentence only after trial and conviction.  How can the President pardon a prime murder accused or suspect whose trial has not been commenced or finished yet?  The accused's/suspect's culpability and criminality has not been determined yet.  Neither this provision has given such power to the President nor did framers of the Constitution contemplate such scenario.  Furthermore, can the President pardon convicted murderers on political consideration who received death penalty but all appeal avenues have not been exhausted?  It is contrary to the rule of law, justice and fairness.  If it is allowed, then the confidence and trust on the judiciary will be lost.  The President normally acts on the advice of the Prime Minister.  Therefore, The Prime Minister cannot escape her liability in violating or misusing this constitutional provision.        

 

Fourthly: Article 36 of the Constitution provides the provision for freedom of movement.  It says "Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to move freely throughout Bangladesh, to reside and settle in any place therein and to leave and re-enter Bangladesh."  Since the current government came into power, dozens of important persons (who have, in fact, been holding very important positions of the cabinet or government in the past including the Law Minister, the Foreign Minister, the Communication Minister, the Speaker, the Vice President and so on) have been stopped at airport for no apparent reasons or flimsy grounds (mostly they were said to have been stopped for superior order – no written order or reasons were even shown!).  Those who have the financial ability have challenged to the High Court by way of Writs and the High Court, after issuing show causes and hearing the matters, ordered the government to let them leave and re-enter.  Not a single High Court order in such cases went in government's favour.  Still the government has been harassing important personalities – mainly of their politically rival organisations.  This is clear violation of Article 36 of the Constitution.  The Prime Minister cannot escape liability, as head of the government, of growing such alarming bad precedents of stopping important personalities at the airport in the name of superior order.    

 

Fifthly: Under Article 30 of the Constitution, no citizen shall, without the prior approval of the President accept any title, honour, award or decoration from any foreign State.  The Prime Minister has taken/received dozens of awards and degrees from around the world during her last term of government.  In her current term she has already taken a few foreign awards including Indira Gandhi award from India.  We do not know whether she had taken any prior approval of the President at all before receiving those degrees and awards.  We have not seen any such news/report of prior approval in the newspapers.  If she did not take prior approval of the President, she had clearly violated the Constitution.   

 

Sixthly: The provision for equality before law is ensured in Article 27 of the Constitution.  Article 27 says "all citizens are equal before law and are entitled to equal protection of law."  Enacting or passing law or laws for certain people in the name of 'protecting family members of the father of the nation' is clear violation of Article 27.  The State is supposed to give equal protection to all its citizens.  Since all citizens are equal before law and are entitled to equal protection of law, certain people cannot be given priority or separate distinct/special protection.  Any future legal action by way of Writ in the High Court before an impartial Bench would certainly find this law as ultra virus or unconstitutional, for Article 26(2) of the Constitution says "The State shall not make any law inconsistent with any provisions of this Part [Fundamental Rights], and any law so made shall, to the extent of such inconsistency, be void."    

 

Seventhly: Article 23 of the Constitution says "The State shall adopt measures to conserve the cultural traditions and heritage of the people . . . ."  Importing or promoting and encouraging to import porno, indecent and alien cultures (almost naked or three-quarter naked dances in open daylight at stadium in the capital of a country with at least 85% Muslim population) from neighbouring country even in the month of language movement is directly contradictory to our rich, decent and healthy culture.  This is clear violation of Article 23 of the Constitution.  As the head of government, the Prime Minister cannot escape her liability.

 

The above accounts of violation of the Constitution are at the top level.  But in reality, there have been widespread violation of constitutional provisions in the field or lower level by the various State organs and actors, especially in relation to fundamental rights [Article 26 to 47] as guaranteed in Part III of our Constitution.  Some well off citizens could get relief from the higher court.  But many violations go unchallenged, unnoticed and unaccounted.

 

Finally, the irony is that although our Constitution is quite detailed and elaborative (In fact, much bigger than most Constitutions of the world), it does not provide any sanction or punishment for violating the Constitution.  A citizen can be punished, reprimanded or held liable for violation of the ordinary law of the country.  Surprisingly, there is no punishment prescribed for violating the highest law of the land!  As a result, those who are in power or in authority do not often care in violating the Constitution.  We also see how gross violators and mutilators of the Constitution (such as, Lt. Gen Hussain Mohammed Ershad, General Moin U Ahmed, Dr Fakruddin Ahmed and others) could easily get away.  It is often surprisingly observed that some violation goes year after year, term after term or even decade after decade!  For our democracy not being healthy and for the Parliament not being effective, the government in general and the Prime Minister in particular go unaccounted and unaccountable. This is pity and irony for our relatively new and immature democracy.

 

Water naturally flows from the top of the mountain, not the vice versa.  Those who are in power should be the role models in following each and every provision of the Constitution. From them citizens should learn and practise to obey.  If the protector becomes the violator, then the country will gradually be directed towards anarchy and chaos.  Can we, as a nation, afford to go in that direction since we got our independence after scarifying a sea of blood?

 

 

E-mail: ahmedlaw2002@yahoo.co.uk




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