Attorney General Md Asaduzzaman on Wednesday said democracy was buried through the 15th Amendment that brought on several controversial issues including the abolition of the caretaker government system.
"Democracy has been buried by abolishing caretaker government system," the chief law officer of the state came up with the comments while placing his arguments before the HC bench of Justice Farah Mahbub and Justice Debashish Roy Chowdhury during the hearing on the fifteenth amendment to the constitution case.
On completion of the hearing for the fifth day, the HC bench adjourned the hearing till 11:30am today.
The Attorney General submitted that the abolition of the caretaker government system caused bleeding in the hearts of the people of Bangladesh.
Democracy has been buried in Bangladesh by abolishing the caretaker system.
The chest of the Constitution has been axed, he submitted.
The Attorney General termed the Fifteenth Amendment as "colourful legislation" as it took away people's rights.
He submitted that this amendment is a fraud against the Constitution. This amendment was brought to bypass the Thirteenth Amendment to prolong the weakness of a particular group and to establish fascism.
The Attorney General prayed to the bench to restore the provision of referendum in the Constitution.
The Attorney General stated that Article 142 of the Constitution previously stipulated the provision for referendum. However, this provision was removed through the Fifteenth Amendment. He emphasised the need to restore referendum, arguing that the 13th Aamendment was abolished by members of parliament who were elected through alleged "vote theft" at night.
He also remarked that the Fifteenth Amendment is in direct contradiction to the spirit of the Liberation War as the amendment has harmed the fundamental structure of the Constitution, and unless it is repealed, the souls of those who sacrificed themselves in the public uprisings of '90 and '24 will not find peace.
He added that by abolishing the caretaker government system, democracy, fundamental rights, and the rule of law have been undermined.
The Atorney General submitted that the Fifteenth Amendment has prolonged fascism, weakened the sovereignty of the state, and compromised the supremacy of the Constitution. Thus, the amendment must be repealed.
At one stage of the hearing, the Attorney General submitted, the spirit of the Liberation War does not allow making thousands of people victims of enforced disappearance and extrajudicial killings. The spirit of the liberation war does not allow filing cases against six million people. These cannot be done in the name of the spirit of the liberation war.
Objecting to the 'Father of the Nation' brought through the Fifteenth Amendment, the Attorney General said, 'He was the undisputed leader during the Liberation War. His contribution is undeniable. But in the preamble of our constitution states there is no single individual predominance, there is no opportunity for personal worship.
Pointing out that Article 7 (A) (B) of the Constitution was introduced through the Fifteenth Amendment to keep people in a state of fear, suppress people's voice and keep democratic struggle away, the Attorney General said, "It has hurt the rights of citizens in the Constitution, including the fundamental rights." Supremacy of Parliament has been hit. This has been done to sustain the dictatorship.
Referring to the basic spirit of our Constitution, not socialism, the Attorney General argued for the reinstatement of "full trust and faith in Almighty Allah shall be the basis of all activities" in the basic principles of state management.
Taking part in the hearing, Jamaat-e-Islami's lawyer Mohammad Shishir Manir submitted that the 15th amendment violated the people's aspirations, undermined the Constitution and promoted authoritarianism.
"Socialism was never the aspiration of our people. The amendment restored socialism in the Constitution. The will of the people is the supreme law, yet this amendment has concentrated power, undermining democracy and establishing dictatorship," Shishir Manir submitted.
On August 19, the High Court Division issued a rule asking why the Fifteenth Amendment-which abolished the caretaker government system-should not be deemed unconstitutional.
This rule was issued by the bench of Justice Naima Haider and Justice Shashanka Shekhar Sarkar after hearing on a writ petition filed by SUJAN Secretary Dr Badiul Alam Majumdar.
On June 30 in 2011, the Fifteenth Amendment was passed by Parliament. This amendment officially recognized Sheikh Mujibur Rahman as the Father of the Nation, abolished the caretaker government system, and increased the number of reserved seats for women in Parliament from 45 to 50.
