Senior leader of Bangladesh Jamaat-e-Islami and prominent Supreme Court attorney Mohammad Shishir Manir has criticized the government’s reasoning for revoking the ordinances related to enforced disappearance and the Human Rights Commission, deeming it legally flawed. He expressed his concerns during an urgent press briefing held at Jamaat’s central office in Moghbazar.
Manir highlighted that according to the International Crimes Tribunal Act, enforced disappearance is classified as a “crime against humanity,” but it must be both “widespread” and “systematic” to be considered prosecutable. He emphasized that a single instance of disappearance does not meet this criteria, indicating a misalignment between the ordinance and the ICT law.
Moreover, he disputed the government’s assertion that the Human Rights Commission Act lacks provisions for investigation, time constraints, and compensation. Manir argued that the pertinent sections of the act clearly delineate a 30-day investigation period, procedural guidelines, and mechanisms for compensation.
Regarding the referendum ordinance, he pointed out that the government itself has validated its legitimacy, thereby assuming responsibility for its enforcement. Manir stated, “If its validity is acknowledged but not put into practice, the government bears the responsibility.”
Criticizing the issuance of show-cause notices to judges, he highlighted that the law under which these notices were issued had been declared unconstitutional and annulled by the Supreme Court, rendering such actions legally invalid.
Furthermore, Manir raised concerns about an amendment to the Bank Resolution Ordinance that potentially allows former owners to regain control of banks, undermining efforts to establish accountability in the financial sector and recover misappropriated funds.
During the briefing, Barrister Najibur Rahman Momen, a member of parliament and legal practitioner at the Supreme Court, echoed Manir’s sentiments. Momen lamented the rollback or lapse of crucial reform initiatives, such as judicial independence and the establishment of a separate judiciary secretariat, which he believed had eroded public trust.
He also criticized the exclusion of dissenting opinions from opposition and select ruling party members in committee reports, labeling it as undemocratic. Momen expressed apprehension over the last-minute inclusion of Section 18(a) in the Bank Resolution Ordinance, suggesting potential transparency issues.
Momen cautioned that if citizens lose confidence in parliament and resort to street protests to assert their rights, the government and ruling party legislators would bear the responsibility for the ensuing consequences.