A regrettable decision

But that sad thing happened just after Justice KM Hasan regretted to serve as the chief adviser (CA) on October 28 afternoon. In the very first meeting with the two general secretaries the Hon' able President sought opinion of the partisan leaders if he himself (according to Art 58C (6)) could act as the CA (additional to presidency) before exploiting all the constitutional provisions available in Article 58C(3), 58C(4) and 58C(5).

Earlier, in the last (sixth) session of the dialogue, Mr Bhuiyan proposed that the incumbent CEC, Justice M A Aziz, should take over the responsibility of the CA, since the 14-party combine objected to Justice Hasan's takeover. Mr Jalil failed to say yes or no directly to Mannan Bhuiyan's proposal, but later rejected this ugly choice.

I realize that the constitution has the provision for the last retired Appellate Division judge to take over as the CTG chief according to Article 58C (4) first paragraph. This constitutional provision allows Justice M A Aziz to take over just by resigning the post of CEC, provided that both the provisions under Article 58C (3) have been met.

But how big are the letters of our constitution? Are they bigger than the very spirit based on which it was framed and amended to contain the provision of the CTG? The CTG was needed because our political parties could not rely on each other for conducting a general election. The political leaders themselves realized their incapacity, so they made the provision for a neutral CTG that would be acceptable to all the parties.

How acceptable a man is Justice Aziz? The character that he himself exposed to the nation so far is unlike the average Bangladeshi's. Average Bangladeshis do not play hide and seek with their own health. They do not pretend that they do not know anything about a mob outside the office. No average Bangladeshi flees from the press-men, and no average Bangladeshi employee is so discourteous that he would not meet his retiring colleagues. But these all are part and parcel of Justice Aziz's funny character. He has been rejected as the CEC by all. If the general people are set free from the police cordon they will form a mob and go to the EC office just to pull Justice Aziz down from his present seat, let alone a higher one.

Now let us come to the point of the president's taking over as CA as an additional responsibility. This very provision is found in Article 58C (6). Since the country has experienced turmoil during the last several days, and about 20 people were killed by the unnecessary but violent movement incited by the BNP's greed for power for a second consecutive term, the problem needed to be solved as early as possible.

Apparently, the president did not try the provisions 58C (3) second paragraph, 58C (4) second paragraph (first one was unacceptable to the entire nation) and 58C (5) serially. Maybe he could guess the four-party alliance's readiness to foil every attempt to have a qualified CA; but the president was required to show (at least) that he tried every provision before resorting to the last one (himself). The Appellate Division of the SC is the ultimate arbiter of the constitution, not the attorney general. Why did he not send a reference to the Supreme Court seeking explanation of the second paragraphs of Article 58C (3) and 58C (4)?

By not having tried all the constitutional provisions sincerely and seriously, the president has made room for many to think that there is a link between Begum Khaleda Zia's hinting at obeying the president's decision and the President's "premature" offer of serving as CA himself.

It can be added here that Mr Tareq Rahman is now in active politics (though rather prematurely), and he has traversed the country campaigning for the party. Certainly Tareq would not like to be defeated in his first attempt, and Begum Zia is helping him even by compromising on the respect for senior leaders (not to speak of the national interest).

So BNP, and the entire alliance, left no stone unturned for a victory in the next election. Their turning of stones became ugly practices one after another, and the president is helping the process somehow. Thus, the president has belittled the highest position of the state by complying with the urgings of the alliance in taking over as the CA.

Anyway, rightly or wrongly, the president has taken over on October 29 evening, and all the political parties, including the 14-party combine (henceforth discontinuing using the word "opposition"), need to stop violent movements provided that the president appoints CTG advisers after consulting all major parties, reshuffles the EC (asking the incumbent CEC to do the needful is a bad sign)and the top administration for making the government machinery work neutrally towards an acceptable general election.

The reorganized EC must revise the voter list as soon as, and as correctly as, possible. If the president and CA (single person) can do all this then he can prove his personal worth, and save the nation from a man-made disaster. All politicians -- senior or junior, including Tareq Rahman -- must be content with the people's choice and decision. There is no room for thinking that "I" or "we" alone are fit to run the country.

MAS Molla writes on social issues.