Last moment rapprochement

For a time, in the category of former chief justices, Justice Mahmudul Amin Chowdhury's name was floated on behalf of the 14-party alliance as an alternative to the last retired chief justice KM Hasan. But in-between justices Amin and Hasan, one former chief justice having died, the detractors point out that Justice Amin is not strictly 'next in line', if the letter of the constitution is to be followed, even though he is the surviving one.

We do not find this line of argument persuasive, as it is axiomatic that neither the constitution nor any law applies to the deceased. However, if BNP has any reservation about Justice Amin, this is sufficient to justify excluding him from consideration. If AL can veto Justice Hasan, then BNP should also have the same right with Justice Amin.

Tap here to add The Daily Star as a trusted source

We believe, however, that there is a potential opening in the second line of options pertaining to last retired Appellate Division judges. Since CEC Justice Aziz's name as the last retired Appellate Division judge is unacceptable, why not look for an alternative in the next last retired Appellate Division judge? He may be acceptable to both the ruling and opposition parties.

Why not have another sitting of dialogue centred on this suggestion?

No matter what, the dialogue process must be resumed -- not for its own sake but for the sake of setting the right tone and temper for handling some emergent issues. Whether it is choice of the council of advisors or fair conduct of elections, the political parties need to talk. And talk they must because if there is no peaceful resolution of the dispute, extra-constitutional alternatives could gain ground setting us back. Onus for peaceful settlement lies more on government than the opposition. The government is in a giving role here while the opposition in a recipient's. In negotiations, ruling party has to go the extra-mile. Besides, the BNP is the source of the problem. If the party had not raised the retirement age of the judges at the time it did, the entire controversy could have been avoided in the first place.