BNP proposes Justice Aziz as Chief Advisor of caretaker government

By Staff
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Google Oneindia News

Dhaka, Oct 23 (UNI) The ruling Bangladesh Nationalist Party(BNP) today proposed the name of Chief Election Commissioner Justice M A Aziz as Chief Advisor for the next caretaker government in place of former Chief Justice K M Hasan.

BNP secretary general Abdul Mannan Bhuiyan gave the proposal to Awami League general secretary Abdul Jalil during a brief talk between the two when the ongoing dialogue resumed in the parliament building today.

Opposition Awami League policymakers told UNI that it is a positive step that the ruling party has shifted from its previous stance on Justice K M Hasan, but they also declined to accept Justice Aziz as Chief Advisor.

According to Bangladesh Constituion former Chief Justice Hasan is to be appointed as Chief Advisor of non-party interim caretaker government to conduct the parliamentary polls slated for January 2007, but the opposition led by former Prime Minister Sheikh Hasina insisting that Justice Hasan is a BNP loyalist for being its founder member and international affairs secretary before joining the High Court in late 70s.

In view of the opposition's protest, the ruling party today proposed the name of Chief Election Commissioner Justice Aziz who is the immediate retired judge of the Appellate Division of the Supreme Court.

Awami League presidium member Suranjit Sengupta, MP, said Justice Aziz '' too, was reeling under a vortex of controversies.'' Awami League argues that, as per constitution, no controversial person could be the Chief Advisor of non-party caretaker government.

They said since Justice Aziz has already been controversial as CEC, and a contempt proceeding is on against him, he could not be the chief boss of caretaker government.

There are strong debates among constitutional experts here as to whether former Chief Justice Mahmudul Amin Chowdhury or immediate-retired Appellate Division Judge CEC M A Aziz are eligible for the office of Chief Advisor under the Constitution.

Pro-opposition constitutional experts insist that, after Justice K M Hasan, it is Justice Mahmudul Amin Chowdhury who is to become the Chief Advisor as per Article 58C (4). But pro-government legal experts insist that it is CEC Justice Aziz who is to take over as Chief Advisor.

The Article says: "If no retired Chief Justice Available or willing to hold the office of Chief Advisor," the President shall appoint as Chief Advisor the person who among the retried judges of the Appellate Division retired last and who is qualified to be appointed as an Advisor.

As per the provision, former Chief Justice Mahmudul Amin Chowdhury, who is bellow 72, is eligible for the job.

UNI XC DKB BS1943

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