Bangladesh News

The High Court judgment on former premier Sheikh Hasina’s writ petition challenging the legality of bringing an extortion case against her under Emergency Power Rules (EPR) will determine the fate of other such cases under the EPR.

Law Adviser AF Hassan Ariff made this comment yesterday while talking about the future of cases filed for crimes committed before the promulgation of the Emergency Power Ordinance but being investigated under the EPR.

During his weekly briefing, the law adviser also said the government will form a Constitutional Commission and enact Right to Information Act. He added that the government is pondering about forming a Truth Commission as well.

His statements came a day after six legal experts appointed as amicus curiae ["friend of the court", an adviser to the court on some matter of law and who is not a party to the case] in the hearing of the extortion case against Hasina opined that it would be a violation of the constitution if a pre-emergency crime is brought under the ambit of EPR.

“The High Court interpretation of laws is applicable to all cases. So, fate of other similar cases will be the same,” Hassan Ariff, the former attorney general said.

He, however, declined to comment on the opinion of the amici curiae, saying that the matter is sub judice.

On Monday, an HC bench appointed a panel of seven senior Supreme Court lawyers as amicus curiae to assist the court voluntarily on points of law during the ongoing hearing of the rule issued following a writ petition filed by Hasina that challenged bringing of the extortion case under EPR.

Only a crime committed during the state of emergency could be tried under EPR, six of them observed. The other declined to work as amicus curiae.

Asked if amendments are needed to law to continue trial of graft cases once emergency is lifted, the adviser said, “We’ll have to see the impact first.”

On lifting emergency, he said it is being relaxed in phases. “The January 10 like situation no longer exists. The implications and application have reduced. The council of advisers would take the decision regarding its withdrawal,” he added.

On holding general elections within 90 days of dissolution of the parliament, Hassan Ariff said it is the responsibility of the Election Commission (EC).

He, however, hastened to add that no timeframe has been fixed for the caretaker government to hand over power to an elected government. “The caretaker government’s duty is to assist the Election Commission in holding free, fair and neutral elections.”

On whether the government is responsible for the delay in holding the polls, the law adviser said that there is no allegation that the government created obstruction in EC’s work.

The government is working towards creating a level playing field so that honest candidates are not kept away by muscle power and black money. “Since corruption begets black money and muscle power, the government has launched anti-corruption operations.”

Hassan Ariff observed that the situation is much better now than January 10, 2007.

Asked about criticism regarding legality of giving status of minister to a special assistant to the chief adviser, he declined to make any comment. “The government has definitely consulted laws.”

Commenting on allegations of torture in custody, the law adviser said the home ministry had already cautioned the agencies concerned about it. If there is specific allegation, the government will look into it, he added.

“The court has power, and it can give direction if it feels necessary,” Hassan Ariff said.

Asked what he will do as a rights activist in this regard, he said that he would play a motivating role at the cabinet.

Talking about freedom of the EC, Hassan Ariff said that since amendments have already been made, the commission would work independently without influence of any ministry.

“Only the law ministry will provide legal assistance to the commission,” he said adding that a gazette will be published soon.

Before the gazette notification, there is scope for further modification of the amendments if anything conflicting with the constitution is found, the law adviser said, adding “But we haven’t found any such thing so far.”

Hassan Ariff said a constitutional commission would be formed to make appointments to constitutional posts. “We need to do it. It’ll come later.”

The draft of right to information act is now under review, the law adviser said. “I want to make a contribution in passing the law.”

The formation of Truth Commission is being discussed to see the “pros and cons” of it, he said