Editorial
Ringing indictment on constitutional violation
The lesson should never be lost in future
In this country where the most obvious, sensible and expected gets overridden by governmental expediency, without a blink of an eye, it is the high judiciary that comes to overturn the aberration as a breath of fresh air. It is in this light that we welcome the High Court verdict declaring 'illegal' the appointment of justice MA Aziz as Chief Election Commissioner while he was an incumbent justice of the Supreme Court Appellate Division. That nobody could concurrently hold two constitutional posts was never in doubt and that is why controversy stalked justice MA Aziz from the first day of his assumption of office as CEC bringing down credibility of the EC with it. The pertinent question is he being himself a serving judge with vast experience how could he accept the offer from the government of the day to be the Chief Election Commissioner?
From May 23, 2005 when he assumed charge of CEC to January 21, 2007 when he resigned in the face of mounting political pressure, his two-year stint is blighted by a controversy over preparing a fresh voter list ignoring a High Court directive. He also misspent money on the project. With the en masse appointment of upazila election officers of allegedly partisan credentials he seemed to confirm the public impression of serving the agenda of his benefactor.
Nevertheless, the responsibility lay with the BNP-led four-party alliance government for inducting him as the Chief Election Commissioner knowing the impropriety of allowing a single person to hold two constitutional posts simultaneously. Who advised them to do so? Did they seek legal advice from constitutional experts, or the Attorney General for that matter? They could also refer the matter to Supreme Court for its opinion.
The government was hell-bent on appointing him by way of politicising a statutory body like the EC which undermined not only the EC but also impinged on the freedom and dignity of the judiciary. The message should not be lost on future governments.
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