image source, BNP
The BNP government has questions about several sensitive ordinances issued by the interim government in Bangladesh.
However, the newly elected government can give its legal basis by maintaining the impunity ordinance.
They have objections to several ordinances, including the order to constitute the constitutional reform council.
As a result, the question arises about the future of the legal basis of the ordinances issued during the previous interim government. What is their fate is an ongoing discussion.
According to information provided on the website of the Ministry of Law, 133 ordinances have been promulgated in the eighteen months of the interim government.
Senior lawyer Shahdeen Malik says that so many ordinances have been issued in a short time; In that case, each ordinance took an average of less than five days.
Now the first session of the new or thirteenth National Parliament will be held on March 12.
Shahdeen Malik mentioned that the ordinances which cannot be given legal basis within 30 days from the sitting of the Parliament, will automatically be ‘dead’ or nullified.
Although the BNP government is saying that they are scrutinizing the ordinances of the interim government.
But it is not yet clear how many or which ordinances they will provide legal basis for.
Why is the question of ambiguity or uncertainty coming?
The interim government was formed three days after the fall of the Awami League regime on August 5, 2024 in the July mass uprising.
All political parties active at that time including BNP, Jamaat-e-Islami supported this government.
Political analysts say that when the government, which has great political support, has issued some orders and one after another, the BNP has objected in some sensitive areas.
BNP objected especially when the order was issued for the constitution reform council. The party questioned the jurisdiction to issue such an order.
Even after the formation of the government, the BNP, which won the parliamentary elections held on February 12, seems to be in the same old position on the issue.
Their position was also reflected in the fact that the BNP and its allied parties together had 212 MPs as members of the Constitutional Reform Council. Didn’t take an oath।
However, the elected members of the alliance of Jamaat and NCP have also taken oath as members of the Parliament as well as members of the Constitutional Reform Council.
Several sources related to the BNP government said that their position on the Constitution Reform Council question has not changed yet. They will discuss the issue again at their policy-making stage.
According to many jurists, the plebiscite was held in accordance with the July National Charter (Constitutional Reforms) Implementation Order issued during the interim government. Yes, it won. As a result, the constitution reform council has been discussed.
Lawyer Shahdeen Malik told BBC Bangla that since BNP’s objection is to the constitution reform council order, there is uncertainty about the fate of the related order and ordinance.
This lawyer’s statement is also consistent with BNP’s position. He said, “No part of the constitution can be repealed or changed by issuing ordinances. There are several ordinances which are in conflict with the constitution”.
Meanwhile, several sources related to the BNP government say that their government has not yet taken any final decision regarding the ordinance regarding the referendum, increasing the age limit for entering government service to 32 years, banning the political activities of the ousted Awami League.
Minister of Law and Parliamentary Affairs. Asaduzzaman told BBC Bangla that they are scrutinizing all the ordinances.
Other sources related to the government say that the current government will not give legal basis to all the ordinances of the interim government. They are not in conflict with the constitution and are selecting some ordinances that are absolutely necessary. They will be raised in the first session of the Parliament and become law.
Legal experts say that since the BNP government is still not clarifying their position, they are talking about verification – as a result, the question of uncertainty is coming up in the discussion as to how much legal basis they will give for the ordinance.
image source, BNP
BNP has no objection to immunity
That ordinance is Nana It sparked discussionmany human rights activists and lawyers objected to the impunity ordinance.
25th January, three weeks before the national election is issued ‘The July Mass Uprising (Protection and Determination of Liability) Ordinance, 2026’.
According to the decree, all civil and criminal cases, charges or proceedings against the July mass uprisings will be withdrawn following the prescribed provisions. Besides, any new case, complaint or proceeding against the mass uprising will be legally barred.
Human rights organizations objected and said that various criminal offenses including police killings were organized during the popular uprising. But it is unconstitutional to give immunity to the agitators through the ordinance.
Their stance was criticized by the July agitators.
Although the ordinance states, at that time any of the victims can file a complaint with the government’s National Human Rights Commission. However, human rights organizers could not be satisfied with this.
But there is an idea that the BNP government will provide the legal basis for this discussed immunity ordinance.
This government’s Home Minister Salahuddin Ahmad told BBC Bangla that they are thinking of providing a legal basis for this ordinance of impunity.
Explaining the reason for this, he said, many of the participants in the July mass protests were subjected to repression and torture, 1,400 people lost their lives and many were injured. So there is an emotional issue here. The BNP government is taking that into consideration.
There are indications that BNP will not take a stand against this ordinance.
Other parties including Jamaat and NCP are in favor of the impunity ordinance. BNPO is also hinting. As a result, there is less uncertainty about the legal basis of this ordinance.
However, multiple sources of the government have also said that the BNP government is also thinking of investigating the incident of police killings during the mass rally separately.
Meanwhile, lawyer Shahdeen Malik says, “Though the impunity ordinance has been approved by Parliament, there is an opportunity to question its legal validity as it is in conflict with the Constitution”.
image source, Getty Images
What will BNP do on the referendum question?
Jamaat and other parties complained that the position of BNP was not clear before the elections regarding the constitutional reform.
However, at one stage of the election campaign, BNP Chairman and current Prime Minister Tariq Rahman asked for yes votes in his speech.
Now the BNP government is not clarifying what position it will take regarding the ordinance related to the referendum.
Several leaders related to the BNP government say that they will discuss the issue at a high level before the first session of the Parliament.
However, analysts believe that Yes has won the referendum. As a result, obligations have been created regarding the implementation of the July Charter of Reforms, providing a legal basis for related ordinances.
Also, BNP cannot go against the ‘spirit’ of the July movement. Analysts believe that BNP should take a stand on this sensitive issue.
When the ordinance to increase the age limit for entry into service, ban the political activities of the ousted Awami League was issued, no party including BNP, Jamaat objected.
Analysts believe that in the absence of Awami League in the country’s politics, all the active parties had a kind of support for that ordinance.
However, there is a discussion about how much space the BNP political government will give to Awami League in politics. In the first press conference after the victory in the election, Tariq Rahman said to the journalists’ question about the inability of Awami League to do politics. According to the law।
However, BNP did not clarify its position regarding the ordinance banning the activities of Awami League. As a result, we have to wait for their decision on this.
The BNP government is also considering the ordinance that has increased the age limit for entry into government service from 30 to 32 years. They are talking about discussing this ordinance and taking a decision.
However, if this ordinance is cancelled, there may be a negative reaction towards BNP among the youth. As a result, analysts believe that the BNP government has to take this reality into consideration.
As lawyer Shahdeen Malik said, there are many ordinances that conflict with the Constitution, which can be challenged in the High Court. Many ordinances require a political decision by the BNP government. As a result, there are complications in determining their fate.
BNP government officials are also talking about complications.
But their point is that they have to take a decision considering the context, reality and above all the legal aspects. And in that case it may be possible to give legal basis to a certain number of ordinances, not all ordinances of the interim government.
Legal experts say that all the ordinances issued by the previous interim government will not be given a legal basis, and the actions taken under those ordinances will lose their validity.
https://www.bbc.com/bengali/articles/c14m7yeed58o?at_medium=RSS&at_campaign=rss
