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Govt illegal if interim regime nullified: Rokanuddin

CaPtAiN_pLaNeT

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May 10, 2010
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Govt illegal if interim regime nullified: Rokanuddin



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Staff Correspondent

A senior lawyer of the Supreme Court, Rokanuddin Mahmud, on Wednesday told the High Court that it should not declare illegal the two-year interim government led by Fakhruddin Ahmed.

‘If the interim regime is declared illegal, the general elections on 29 December, 2008 will have no legality and the continuation of constitutional rule will be hampered,’ he argued before the High Court bench of Justice AHM Shamsuddin Chowdhury and Jahangir Hossain.

Rokan, former president of the Supreme Court Bar Association, came up with the argument during the hearing of the rule the court had issued earlier, asking the Election Commission to explain the legality of its 22 September, 2010 notification declaring vacant Awami League lawmaker Muhiuddin Khan Alamgir’s seat in Parliament.

Pleading for Muhiuddin, Rokan argued that the Election Commission cancelled Muhiuddin’s parliamentary membership on the plea that the Supreme Court had upheld the returning officer’s decision to cancel his nomination in the 2008 elections.

The returning officer, also the deputy commissioner of Chandpur, had cancelled the nomination on the plea that Muhiuddin had been convicted of corruption.

Muhiuddin was convicted by a ‘kangaroo court’ during the regime of the military-controlled interim government and the conviction had been scrapped by the Appellate Division, Rokan argued.

As he repeatedly argued that Muhiuddin was denied justice by having been tried by a ‘kangaroo court’, the court asked him whether it should declare illegal all the actions of the interim regime in line with the Supreme Court’s verdict on the Fifth and Seventh Amendments to the Constitution.

Rokan replied in the negative, arguing that it would create a vacuum in constitutional rule as the 2008 general elections would also be illegal if the interim regime was declared illegal.

The court will resume the hearing today.

The Election Commission’s lawyer, Shahdeen Malik, pleaded that Muhiuddin’s seat was declared vacant in line with the Supreme Court’s 15 July, 2010 verdict that had upheld the returning officer’s decision.

As Muhiddin was disqualified before he became a parliamentarian, only the EC, not the speaker, can cancel his membership, Shahdeen argued.
 
Now this is interesting. In any case i dont think the AL govt will survive the 2 years it has left to rule due to internal chaos. :unsure:
 
Now this is interesting. In any case i dont think the AL govt will survive the 2 years it has left to rule due to internal chaos. :unsure:

Wow, that's an interesting turn of events. But I guess they'll kill the judge if he declares the Fakhruddin CTG illegal.
 

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