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Care Taker Government and Supreme Court Judgment May 23, 2011

Posted by bdoza in BANGLADESH, ELECTION, GOVERNANCE, JUDICIARY, POLITICS.
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Supreme court in a judgment declared caretaker system illegal in Bangladesh. It is to be noted that Bagladesg has introduced caretaker government system to hold national elections under a politically neutral tenvironment. The care taker government instituted for 3 months following the tenure of the elected government is over and headed by the immediate past chief justice. A group of advisers among the non-political personalities from the professionals are selected to support him. The CTG is basically assigned to hold the general election and to maintain the general administration. They are nor empowered to formulate any major rules and regulations and will not change the constitution,

Bangladesh virtually hold 4 national elections under the CTG and all of them were accepted by the people as fair and neutral. In the history of Bangladesh, these elections are best of its kind.

But to influence the composition of the ctg with an aim to influence the result of the ellection, the elected governments had tried in the past to promote their loyal judges to the post of Chief Justice, superceeding the seniors. This attempt has been made in 2001 and 2006 . In 2001, the cj didn’t fulfil the wish of his mentors.In 2006 , the oppostion to the manuever lead to the formation of a caretaker government headed by the president, who later had to handover the charge to a new set of advisers led by Dr. Fakhruddin Ali Ahmed. This Ctg stays in power for long 2 years and tried to reform the political system but at last left the scene by holding an election in December 2008 in which AL gained a landslide victory.

Controversy arises on the tenure of the ctg and the manipulation of the promotion of the judges ? .

Supreme Court took the opinion of the Amicus Curiae. Most of the americus queri except one gave opinion in favour of CTG. Citizens groups also favour caretaker goverment.

8NP expreesed its opposition to any move form the concept of caretaker government. Ershad hails the idea. Jammat is not in a postion to say anything on the issue. Their top brasses are in the jail on the charge for crimes committed during the liberation war.

The issue will be discussed in the parliament. The motive of AL is not yet clear whether they will prefer a caretaker government or switch over to other form. The judgment of the supreme court open up the dual opportunity for them. They are tatking time to come to a conclusion.I am also suspecting that they will linger the discussion close to the end of their term and on the political reading at the last moment they will come to a decision.

People still would prefer an elelction under CTG. The alternative is an election under an independent election commission. But political government does not yet able to develop the confidence to conduct an independent election under an election commission.

Any attempt by the government to manipulate the result will bring no good to the government.

An ordinary citizen

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