Eat now, pay never!

In a landmark judgement that the High Court passed on April 27 last directing the BTTB to realise within six months arrear telephone bills totalling around Tk 6 crore from 427 members of the fifth and seventh parliament, it has once again been established that Bangladesh is a sovereign democratic republic and is governed by the government of law. Most importantly the law is not a respecter of persons and does not discriminate between the ordinary citizens and functionaries of the state, however high and mighty they may be. The message that this judgement of the writ petition filed by BLAST in 2001 transmits is the fact that the government is an agent and trustee for and on behalf of the people and the MPs are bound by the laws enacted by themselves just like any common citizen of the country. There is no dispute over this: the judiciary continues to be an institution of 'Last Hope' on earth in all countries including Bangladesh. But justice does not often reach out from the ruler to the ruled at least in this country.

While democracy is still alive in the 35th year of independence, the fact remains that our masses are still illiterate and immature and they are unable to distinguish between meaningless rhetoric and truth. Here in this country even people with a criminal background are eulogised and elected to offices of great responsibility. The question that looms large is : could these people further the democratic process or make it only counter-productive?

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The High Court verdict directing the BTTB to realise the unpaid telephone bills from the lawmakers and annulment of the provision of the appointment of District Ministers by another High Court bench on the same day are by no means any definitive indicator of who is corrupt and who is not. It is in essence an institutional overhaul that was long overdue. A churning of democratic process in which the thrust of the enlightened public opinion spiced with a dose of political opportunism and activism of the country's highest courts converged to restore a modicum of moral authority to a system. One that has been rapidly deteriorating into a brazen display of naked political power without accountability to the real sovereigns -- the people. The prosecution or indictment of ministers, lawmakers and politicians of all hues who so far enjoyed the charmed life of living beyond the clutches of the law is a process of evolution : the emergence of Bangladesh, albeit slowly into a constitutional society. The annulment of the provision of the district ministers brought into being by a gazette notification on the basis of a cabinet decision in 2001, not in keeping with the constitutional provision, might put at rest the designs of a government inspired with political motive. As people's experience indicates, other than what the honourable High Court bench has observed, this provision of designated ministers has interfered with the working of the local administrators and local parliamentarians. While one makes a detailed analysis of the functioning of the state machinery, one feels convinced that the debilitating malaise lies in the failure of the executive and legislature to adhere to certain goals : honesty, respect for the environment, public health, educational opportunities and openness, all of which are preamble to the constitution and the directive principles of the state policy. The High Court verdict in both the cases has reinforced people's trust in the country's highest court as the last resort. True, a strong arm is often needed to make the executive work.

Shockingly, with a section of our lawmakers busy looking for perks and facilities more than their entitlement, the matter was made to reach such a sorry pass. Without mincing words, it must be said that the country can't afford politicians whose main purpose seems to glue themselves to the chairs of the ministers or some influential power blocks not to ameliorate the sufferings of the poor but line up their pockets. Let us take lessons from other places around us beyond the frontiers of this country, say, India. Such incidents of non-payment of dues owed to the government by the members of the Indian parliament were settled by executive action. Forced to go without power and water at their Delhi residences at least 30 MPs including Samajwadi Party leader Mulayam Singh Yadav, Rashtriya Janata Dal leader Raghuvansh Prasad Singh and A.B.A Ghani Khan Choudhury, now deceased, finally paid up their staggering dues.

Seventeen members of the Parliament were forced to go without power and water for periods ranging from a day to over a week for nonpayment of dues over Rs. 50,000.

The punitive action paid off. Fourteen of the MPs quietly paid up a quarter of their dues. One of the aggrieved members, however, raised the issue in the parliament and as expected everyone rallied to his support. The argument in defence of the MPs were very tangible and forceful. It was argued that MPs were not strangers and they didn't run factories and the amount compounded at three and a half percent monthly surcharge inflated the bill. The Parliament, it was learnt, raised the MPs annual free entitlement to 50,000 units of power. It was further learnt that the recovery of dues from the politicians was intensified ever since such action came under judicial supervision.

Lawmakers in our country could have followed suit: the question of inflated bill or whatever it is, could have been raised in the parliament and a decision could be arrived at after a logical debate. But none, least among them the lawmakers, should try to ride roughshod over the law they are enacting in the parliament. In a liberal constitutional system, parliament formulates policies and is also the judge of their wisdom and efficacy. The executive implements them and interprets the public interest while the judiciary ensures their legality and constitutionality. And the presumption of legitimacy of judicial intervention is also a presumption of illegitimacy of the executive for failing to reach constitutional goals in a society in which corruption is no longer an aberration but rather the rule. In a society rocked by bouts of conflicts and corruption and looking for recovery, it has to be borne in mind what great people have said : Try to keep the top clean, and whatever trickles down will also be clean.

Md. Asadullah Khan is a former teacher of physic and controller of examination, BUET.