Let us count the reasons

By Capt Hussain Imam
21 October 2006, 18:00 PM
The majority of people now believe that the dialogue is clinically dead. It has been kept alive by artificial respiration. The formal announcement of its death will come on October 23 after the return of our two leaders Begum Khaleda Zia and Sheikh Hasina.

I also personally believe that there is hardly any scope for the dialogue to succeed unless in the meantime some miracle occurs. With every day passing it is becoming clear that in the name of dialogue the two "Abduls" were actually playing a never-ending game of chess, and we, the fools, with little or no knowledge of the game, were getting immense pleasure watching it.

The only possibility that has still kept the candle of hope still burning is that Justice KM Hasan may eventually feel embarrassed and save the situation from turning into a crisis that may jeopardize the democratic process of the country, although Law Minister Moudud Ahmed does not think that he should do that.

In a press conference last Thursday he questioned why Justice KM Hasan should feel embarrassed to take over the office of the caretaker government. The answer is actually quite simple.

Firstly, the constitutional provision requires a non-political (not only neutral) person to be the chief of the caretaker government. KM Hasan is not a non political person. He was BNP secretary for international affairs. He served as an ambassador as a political appointee of BNP. He allegedly sought nomination for parliamentary election on BNP ticket.

It is true that KM Hasan has subsequently served as an honourable judge and then as chief justice of the Supreme Court with reputation and dignity, but that does not automatically prove himself as a non-political person unless he proves himself to be so.

And this he has not done. On the contrary, his recent visit to a mazar at Comilla with some local leaders of BNP, suggesting that he was still having affiliation with the party.

Secondly, the ruling party, by amending the constitution and increasing the age of retirement age of supreme court judges so that their man of choice (KM Hasan) can be planted as the chief of the next caretaker government, has made KM Hasan's position controversial.

Thirdly, the recent warning of Begum Khaleda to the opposition parties that stern action will be taken by the caretaker government if they resort to agitation or create obstacle to holding election or the announcement of State Minister Lutfuzzaman Babar that his ministry has prepared necessary guidelines as to how the police and Rab should act subsequent to handing over of power to caretaker government suggest that the caretaker government with KM Hasan as its chief will indirectly remain under BNP control or influence.

Fourthly, the ruling alliance has so nakedly politicized the entire election machinery, including the police, the general administration, and the Election Commission by giving appointment, promotion and posting of their own men in every tier -- right from TNO to Secretary, OC to IG, TEO to CEC, that Justice Hasan may find it extremely difficult to perform independently or prove himself neutral, even if he wants to do so.

Fifthly, a highly flawed voter list with more than one crore fake voters and fifty or sixty lakh genuine voters remaining outside the list is itself an embarrassing situation for any caretaker government. If a fair and credible election is to be held, this voter list has to be fully scrutinized and updated going door to door within a fortnight or so.

Such a Herculean task can be accomplished only by active support and cooperation of all the major political parties having confidence in the caretaker government and election commission. The fact is that people have no confidence at all in the existing election commission and they are sharply divided over the issue of KM Hasan.

Most importantly, at least half the people of this country do not want KM Hasan to be the chief of the caretaker government, either in apprehension of a political confrontation threatening peace and stability of the country or from the belief that he will not be able to perform as a neutral person to ensure a free, fair, and credible election.

They are afraid, and there is ample reason to be so, that the moment he takes over as the caretaker chief there will be total anarchy in the country. The Awami League-led 14-party alliance has already announced a total blockade of the capital with people from all over the country marching towards Dhaka the day Justice KM Hasan takes over as caretaker chief.

If these are not enough reasons for a gentleman of the status as high as that of the retired chief justice of the Supreme Court to feel embarrassed, what else could there be?

Capt Husain Imam is a freelance contributor to The Daily Star.