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VIEWS: 17 PAGES: 6

									To:        Diagnose@yahoogroups.com


From:      "nurul huq" <nurulhuq1@yahoo.com>


Date:      Tue, 5 Dec 2006 19:39:44 -0800 (PST)


Subject:   Re: [Diagnose] Latest Political development in Bangladesh - Your Opinion



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I agree with you. I hope, people reject these unscrupulous politicians in the oncoming election (if
they allow the election to be held). The lawyears who damaged the sanctity of the Supreme Court
should undego extensive training and re-certification before being eligible to practice in the
Court. This is in addition to any punishment they are awarded by law.

nis Ahmed <Anis01@earthlink. net> wrote:
Dear All:
“Year 2006” will be embossed in the history of Bangladesh for at least two unprecedented facts.
First one for the glorious global achievement and the second one for the heinous activities. Dr.
Mohammed Yunus and his “Grameen Bank” have brought memorable fame to the nation by
winning “Noble Prize” while few “high-fly” lawyers and supporters of the notorious political parties
have brought down the prestige and dignities of the same nation. Shame on these prominent
lawyers and their destructive supporters for attacking Supreme Court of Bangladesh, ransacking
“holy court rooms and the judges’ chambers. Even the most heinous Pakistan Army and it’s
accomplices couldn’t dare do such kind of activities.
Anis Ahmed

----- Original Message -----
From: Enam Haque
To: Diagnose@yahoogroup s.com
Sent: Tuesday, December 05, 2006 10:54 AM
Subject: Re: [Diagnose] Latest Political development in Bangladesh - Your Opinion

Dear Mr. Choudhury,
Please read the constitution regarding the caretaker government at the end of this mail with open
mind and you will discover whether the current government is a caretaker government or not.
Current government was not constituted under the same framework as 91, 96 or 2001.
At least one chief Justice and another Appelate branch Justice were willing to hold the post of
Caretaker Government. The president lied to the nation when he said that the Appelate Justice
was not interested in the position. In reality, the Justice told that he would accept the position only
if both parties agree on his candidacy. Without giving any chance to the feuding parties, the
president informed the nation that the justice declined to take the position (this is perjury). The
other justice openly accepted the position whom the President's office never contacted after the
initial phone call (tell me, why would the president call him, if he was not qualified under the
constitution) . The only answer there can be that the president wanted to hear a 'No' from him.
The constitution dictates that the head of caretaker government needs to be below 72 year old.
Mr. Iajuddin is over 72.

Now please read the constitution carefully and decide.

Thanks



   It is a copy of Constitution which says if " If no retired Chief Justice is
  available or willing to hold the office of Chief Advise, the President shall
  appoint as Chief Adviser the person who among the retired Judges of the
  Appellate Division retired last and who is qualified to be appointed as an
                          Adviser under this article: "

       So it means Mr. Iajuddin wasn't the next person after KM Hasan.




                       NON-PARTY CARE TAKER GOVERNMENT
58B. Non-Party Care-taker Government
     (1) There shall be a Non-Party Care-taker Government during the period from
     the date on which the Chief Adviser of such government enters upon office after
     Parliament is dissolved or stands dissolved by reason of expiration of its term
     till the date on which a new Prime Minister enters upon his office after the
     constitution of Parliament.
     (2) The Non-Party Care-taker Government shall be collectively responsible to
     the President.
     (3) The executive power of the Republic shall, during the period mentioned in
     clause (1), be exercised, subject to the provisions of article 58D(1), in
     accordance with this Constitution, by or on the authority of the Chief Adviser
     and shall be exercised by him in accordance with the advice of the Non-Party
     Care-taker Government.
     (4) The provisions of article 55(4), (5) and (6) shall (with the necessary
     adaptations) apply to similar matters during the period mentioned in clause (1).
58C. Composition of the Non-Party Care-taker Government, appointment of Advisers,
     etc.
     (1) Non-Party Care-taker Government shall consist of the Chief Adviser at its
     head and not more than ten other Advisors, all of whom shall be appointed by
     the President.
     (2) The Chief Adviser and other Advisers shall be appointed within fifteen days
     after Parliament is dissolved or stands dissolved, and during the period between
     the date on which Parliament is dissolved or stands dissolved and the date on
which the Chief Adviser is appointed, the Prime Minister and his cabinet who
were in office immediately before Parliament was dissolved or stood dissolved
shall continue to hold office as such.
(3) The President shall appoint as Chief Adviser the person who among the
retired Chief Justices of Bangladesh retired last and who is qualified to be
appointed as an Adviser under this article:
Provided that if such retired Chief Justice is not available or is not willing to hold
the office of Chief Adviser, the President shall appoint as Chief Adviser the
person who among the retired Chief Justices of Bangladesh retired next before
the last retired Chief Justice.
(4) If no retired Chief Justice is available or willing to hold the office of Chief
Advise, the President shall appoint as Chief Adviser the person who among the
retired Judges of the Appellate Division retired last and who is qualified to be
appointed as an Adviser under this article:
Provided that if such retired Judge is not available or is not willing to hold the
office of Chief Adviser, the President shall appoint as Chief Adviser the person
who among the retired Judges of the Appellate Division retired next before the
last such retired Judge.
(5) If no retired judge of the Appellate Division is available or willing to hold the
office of Chief Adviser, the President shall, after consultation, as far as
practicable, with the major political parties, appoint the Chief Adviser from
among citizens of Bangladesh who are qualified to be appointed as Advisers
under this article.
(6) Notwithstanding anything contained in this Chapter, if the provisions of
clauses (3), (4) and (5) cannot be given effect to, the President shall assume
the functions of the Chief Adviser of the Non-Party Care-taker Government in
addition to his own functions under this Constitution.
(7) The President shall appoint Advisers from among the persons who are-

   a. qualified for election as members of parliament;
   b. not members of any political party or of any organisation associated with
      or affiliated to any political party;
   c. not, and have agreed in writing not to be, candidates for the ensuing
      election of members of parliament;
   d. not over seventy-two years of age.

(8) The Advisers shall be appointed by the President on the advice of the Chief
Adviser.
(9) The Chief Adviser or an Adviser may resign his office by writing under his
hand addressed to the President.
(10) The Chief Adviser or an Adviser shall cease to be Chief Adviser or Adviser if
he is disqualified to be appointed as such under this article.
(11) The Chief Adviser shall have the status, and shall be entitled to the
remuneration and privileges, of a Prime Minister and an Adviser shall have the
     status, and shall be entitled to the remuneration and privileges, of a Minister.
     (12) The Non-Party Care-taker Government shall stand dissolved on the date on
     which the prime Minister enters upon his office after the constitution of new
     parliament.
58D. Functions of Non-Party Care-taker Government
     (1) The Non-Party Care-taker Government shall discharge its functions as an
     interim government and shall carry on the routine functions of such government
     with the aid and assistance of persons in the services of the Republic; and,
     except in the case of necessity for the discharge of such functions its shall not
     make any policy decision.
     (2) The Non-Party Care-taker Government shall give to the Election Commission
     all possible aid and assistance that may be required for bolding the general
     election of members of parliament peacefully, fairly and impartially.
58E. Certain provisions of the Constitution to remain ineffective
     Notwithstanding anything contained in articles 48(3), 141A(1) and 141C(1) of
     the Constitution, during the period the Non-Party Care-taker government is
     functioning, provisions in the constitution requiring the President to act on the
     advice of the Prime Minister or upon his prior counter-signature shall be
     ineffective. "]



Mohammad Choudhury <msuc@hotmail. com> wrote:
Was not the present caretaker government formed under the same contitution
that was formed in 91, 96, and 2001? Who is going to decide true caretaker
government? Is it not the way the constitution provided? Tell me what was
not constitutional in the present caretaker government set up?

Mohammad S Choudhury

>From: Enam Haque <enam28@yahoo. com>
>Reply-To: Diagnose@yahoogroup s.com
>To: Diagnose@yahoogroup s.com
>Subject: Re: [Diagnose] Latest Political development in Bangladesh - Your
>Opinion
>Date: Fri, 1 Dec 2006 07:32:24 -0800 (PST)
>
>My suggestion is to hold the election under a true caretaker government
>like the one we had in 91, 96 and 2001. Right now we have a partisan
>government, and it is an established fact in Bangladesh that partisan
>governments fail to hold ok election, forget about the fair election. It
>will be premature to compare Bangladesh with US which holds very fair and
>neutral election ( I don't want to go into that debate). Even if USA had
>the rigging, that can't be a justifiable cause to do the same in Bangladesh
>under the hood of caretaker government.
>
>Mohammad Choudhury <msuc@hotmail. com> wrote: So what is your suggestion?
>How do you want to make elections? Even here in
>USA there had been political rigging and its going on ?
>
>Mohammad S Choudhury
>
>
> >From: Enam Haque
> >Reply-To: Diagnose@yahoogroup s.com
> >To: Diagnose@yahoogroup s.com
> >Subject: Re: [Diagnose] Latest Political development in Bangladesh - Your
> >Opinion
> >Date: Tue, 28 Nov 2006 10:52:48 -0800 (PST)
>>
> >First ever election in the history of Bangladesh was held under AL in
>early
> >70s. It was heavily engineered and the ruling party got about 97% of
>vote.
> >The next election under General Ziaur Rahman was again another gag on the
> >face of democracy. Gen Zia got 99% vote (Yes vote). The same story
>repeated
> >again when Zia's political party got more than 80% of the vote in another
> >election held under BNP. Election under Justice Sattar was another story
>of
> >election manipulation, and the ruling party enjoyed overwhelming victory,
> >of course through election engineering. President Ershad is different as
> >usual. He shared the parliament with AL according to a previously set
> >blueprint, so the participants in election didn't see any surprise after
> >the election.
> > This is the history of Bangladesh under the political governments. First
> >neutral election Bangladeshis ever benefited from was 1990 under a
>neutral
> >caretaker government. Same thing repeated again in 1996 and 2001 under
> >neutral caretaker governments. Only exception was the election of 1996
>Feb
> >15. The ruling BNP won according to its electoral design without the
> >participation of major political parties. The country spent billions for
> >that failed election. Now the government is being run by BNP, a political
> >party and a participant in the election under the shadow of caretaker
> >government. How can someone assume that this election will be fair given
> >the fact that the election in Bangladesh was never fair under the
>political
> >governments?
>>
>>
>>
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