Sunday, October 29, 2006

Update on Who's Next

The latest update/ rumour is that the President is now promoting his own name as the next head of the CTG under Clause 6 of Article 58.

Rightly this is not acceptable by the AL.

If we are to look at the abovementioned article we will find:
“Notwithstanding anything contained in this Chapter, if the provisions of clauses (3), (4) and (5) cannot be given effect to, the President shall assume the functions of the Chief Adviser of the Non-Party Care-taker Government in addition to his own functions under this Constitution.”

So the President can be the head of the CTG. BUT and this is a big but, he can only do so if “provisions of clauses (3), (4) and (5) cannot be given effect to”.

Clause (3) talks of all the Chief Justices
Clause (4) talks of all the Judges of the Appelate Court
Clause (5) talks of a concensus candidate.

So without asking the next in line (ie Mahmudul Amin Choudhury) and those after him, the President cannot jump to Clauses (5) or (6).


Anonymous said...

It seems we are back to square one again! It seems BNP knows that they can not win the election without one of their kind heading the CTG. AL, and probably most others, would not be willing to accept this.

In the process, what could have been Bangladesh's moment is wasted. The Nobel Prize, for whatever it is worth, presented a great opportunity of projecting Bangladesh in the world, as a creator of ideas, as a success story, as a country defying its poverty and willing to find its rightful place.

But, instead, shame on us - it is the violence, the ego runs, and the irresponsibility of those who rule the country are on the news again.

You, as an optimist, do you see an end to this vicious cycle?

Nazim Farhan Choudhury said...

My great faith is in Generation 71. Those of us who were born after 1971 (or were too small at that time to remember what happened leading to it). I believe this generation has the education, exposure, temperment and most importantly the desire to make the change needed to bring Bangladesh out of this "vicious cycle"

Anonymous said...

I share your faith, Farhan, but the Gen71 needs to act now and overcome the Tareq Zia-s and Joy-s[for the sake of impartiality, though Joy has done nothing so far to be clubbed together with Tareq Zia here] within them.

I say NOW, because it is always too late to wait, each day of anarchy push the country back by an year, and a general mayhem, as we seem to be heading to, may completely ruin all the achievements of past 35 years.

Also, NOW, because a worthy generation needs to rise at the time of need. Leadership is taken, not bestowed. And, if it is not now, their moment would pass.

If what's going on goes on, and we descend into despair, Gen71 will join the parade of many generations in many countries that failed their promises, and we will have to wait for the Gen90s to emerge [that will roughly give us the equivalent, roughly, of another Ershad era].

I shall wait for more updates and analysis on your blog while the whole world is watching the events in Bangladesh.