DHAKA, Sept 12, 2024 (BSS) - Expatriate Bangladeshi lawyers in UK at a press conference here today suggested formulating a completely new constitution, saying that it is the demand of time and fully justified in the present context.

"There is no alternative to formulating a completely new constitution in the current situation of the country as the ousted autocrat brought the constitution to such a ramshackle state by resorting to reckless doctoring that it is not possible for anyone to follow it properly without breaking it," Barrister Nazir Ahmad said in his keynote paper at the press conference at the Jatiya Press Club (JPC) here this afternoon.

UK based rights organization Society for Democratic Rights (SDR) organized the press conference titled 'Constitution and Bangladesh's Current Situation' with its President Barrister Iqbal Hossain in the chair.

SDR Secretary Barrister Alimul Haque (Liton) moderated the press conference while former teacher of Dhaka University (DU) Law Department Professor Mainul Ahsan Khan spoke at the event, among others.

Referring to some controversial provisions inserted by the ousted autocratic government in the constitution, Barrister Nazir said the interim government that has assumed office following the student-people uprising is also facing problems in dealing with the current constitution.

"No provision of the constitution directly justifies assumption of power by the interim government. As a result, the interim government is apparently following some parts of the constitution while ignoring other parts," the legal expert said.

In such a situation, the interim government has broadly three options to deal with the constitution, he said, adding, the first option is to gift the nation with a completely new constitution by repealing the existing one.

Barrister Nazir suggested holding election to a 300-member Constituent Assembly, whose sole task will be to frame and adopt a constitution for the country while the constitution would be approved through a nationwide referendum that will also provide legal cover to the tenure and works of the interim government.

Hailing the constitution reform commission headed by Shahdeen Malik, he said the second option is that the interim government can constitute a committee or commission comprising 50 to 60 experts for framing a new constitution, which will also be subsequently approved through a free and fair referendum.

Suggesting the third option, Barrister Nazir said the interim government can follow a path, similar to the caretaker government of 1/11, of depending on the goodwill of the subsequent government to be elected through a free and fair election organized by it.

The elected government would then grant approval to constitutional changes or the new constitution as well as tenure and tasks of the interim government, he said, adding, but it is very much risky way as there are many 'ifs and buts' to its occurrence, raising a question over the fairness of the polls like the 2008's.

After discussing these three options, Barrister Nazir said the first or second option will be better or more pragmatic to be followed by the interim government as it will yield guaranteed outcomes.

Noting that the nation might not get such opportunity in future to frame a new constitution, he said as the interim government is the outcome of a successful mass upsurge, it can gift the nation a completely new time befitting constitution as any political government is unlikely to bring about any changes to the constitution that goes against its interest.

Agreeing with Barrister Nazir, Professor Mainul Ahsan Khan referred to the Article 7A of the constitution that prohibited the suspension or abrogation of the Constitution and said that anyone guilty of such 'seditious' act shall be meted out the highest punishment under existing laws.

"So, we have to frame a new constitution using the mandate of the revolution without depending on the reform commission. Otherwise, we are going to face a harsh situation under the existing constitution," he said.

Professor Mainul stressed on forcing President Mohammed Shahabuddin to resign from his post and giving Professor Dr Yunus the charge of the head of the state.
 
He demanded trial of former chief justice ABM Khairul Haque for scrapping the caretaker government system.
    
Former senator of DU Nasrullah Khan Junayed, journalist Oliullah Noman and M Shah Alam of the SDR were present at the press conference.