Joyonto Acharjee
BDNEWS Writer
Dhaka, Oct 16 (BDNEWS) - Former Chief Justice KM Hasan is not willing to become Chief Adviser to the next Caretaker Government in a chaotic situation.
"If Awami League would have accepted him without any protest, he would have agreed to become the Chief Adviser," a source close to Justice Hasan told BDNEWS.
However, Justice Hasan denied airing any such view.
He is supposed to become the next Chief Adviser to conduct the general election under the exisiting caretaker government system, which has also become controvertial since Awami League wants its reform.
The opposition parties, especially the Awami League, made serious reservation over his neutrality since he was directly involved in BNP politics .
According to the top leaders of the opposition, the ruling BNP through a deep-rooted conspiracy has extended the age limit for a higher court judge in service. Accordingly Justice Hasan legitimately becomes the next Chief Adviser to the caretaker government.
Due to a complex situation obtaining in the political field, Justice Hasan straightway told BNP policymakers that he is not interested to become the Chief Adviser. Justice
Sources said Justice Hasan had earlier tried to have consent of the AL leadership in respect of becoming the next Chief Advisor. Sources further added Justice Hasan wanted to act neutral after being chosen as Chief Advisor. But the Awami League rejected such a proposition.
Sources said the family members of Justice Hasan, who had been in law profession for long, did not want him to become a controversial choice as Chief Adviser.
The opposition Awami League has announced long ago that they would not take part in any election under Justice Hasan, who was once involved in BNP politics.
On appointment of the Chief Advisor to the caretaker government, Article 58 C (3) of the Constitution stated "The President shall appoint as Chief Adviser the person who among the retired Chief Justices of Bangladesh retired last and who is qualified to be appointed as an Adviser. The article further said "provided that if such retired Chief Justice is not available or is not willing to hold the office of Chief Adviser, the President shall appoint as Chief Adviser the person who among the retired Chief Justices of Bangladesh retired next before the last retired Chief Justice."
If Justice KM Hasan disagrees, the President can appoint the next former Chief Justice.
According to the Article 58 C (4) of the Constitution, if no retired Chief Justice is available or willing to hold the office of Chief Adviser, the President shall appoint a Chief Adviser from the retired judges of the Appellate Division retired last.
If no retired judge of the Appellate Division is available or willing to hold the office of Chief Adviser, the President shall, after consultation, as far as practicable, with the major political parties, appoint the Chief Adviser from among citizens of Bangladesh who are qualified to be appointed as Advisers under this article.
In this context, some quarter is bringing the name of Dr Mohammad Yunus, founder of the Grameen Bank, at the forefront.
The opposition AL has shown four major reasons in support of their views against Justice KM Hasan. Justice Hasan is a relation of Colonel (rtd) Faruk, one of the main accused in the Bangabandhu murder case.
"That was why Justice Hasan felt embarassed in conducting the Bangabandhu murder case," said a senior AL leader.
Justice Hasan was handpicked as the International Affairs Secretary of BNP for sometime when Ziaur Rahman was in power. He is also the nephew of former Chief Justice Abu Sadaat Mohammad Sayem, who served as the Chief Martial Law Adminstrator after military takeover in 1975.
The ruling BNP proceeded with much calculation to make Justice Hasan the Cheif Adviser, sources said. The ruling BNP amended the Constitution by enhancing the age limit of retirement of higher court judges that allows Justice Hasan to become the Chief Adviser of the next Caretaker Government.
BDNEWS/1850 hrs
