Thursday, February 22, 2018 | ePaper

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Coalition govt could be a solution but can`t be optimistic: Mainul

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Staff Reporter :
While taking part at a discussion event in Bangla Vision Television Thursday night on democracy and the forthcoming National Election Barrister Mainul Hosein said with regrets that after twenty years of struggle for democracy, nine months of Liberation War and more than forty years since independence, our people are not still sure of the most fundamental thing that we should have free and fair election.
Our criminal justice system has also not changed for emphasising the need of protecting fundamental rights of a person arrested, he added.
In reply to a question he expressed the view that a jointly agreed coalition
government could be a solution for a credible election. But that is not to happen.
Another discussant Prof Abul Kashem Fazlul Haque also suggested the role of President Abdul Hamid to try a coalition government.
Nobody among the participants agreed that the next national election can be held like it was last time (in 2014).
Prof Dr. Nazmul Ahsan Kalimullah, VC, Begum Rokeya University, Rangpur and Shyamol Dutta, Editor, Daily Bhorer Kagoj were also among discussants. The talk-show was moderated by journalist Mostafa Feroz.
Barrister Mainul was very critical that the fundamental right of liberty or the judicial principle that nobody is guilty until so found by a court is not getting due consideration for granting bail. Criminal Procedure Code of British days is still held high, we are not free if fundamental rights are not meaningful in our lives.
He finds it most disappointing that a police FIR is all that is necessary for condemning a person to suffer imprisonment. If he is to be considered innocent why he should be in jail before trial, that question does occur to many. His Lordship a former Chief Justice most unkindly observed in a reported case that a person named in FIR is a criminal and to be treated as such.
Now, arresting people and locking them up in jail is too easy for the free police.
He explained that the definition of corruption as given by Transparency International is that it has to be about abuse of entrusted power for private gain. Its objective is to make the government corruption free for the need of good governance.  But in practice the Anti-Corruption Commission officials are less active about corruption in high places of the government, rather they are more busy with offences which cannot be called corruption. The law has given them too wide powers for easy abuse.
Barrister Mainul Hosein was emphatic that blaming the Election Commission will not make the election free and fair. Mere free election, if any at all, will not solve the crisis of democracy. Or it will ensure good governance. We have to follow the Constitution every way.

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