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Friday, 18 May 2012

Legislature, not Supreme Court, sole authority to amend constitution: Sircar

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Reported by: UNBconnect
Reported on: March 24, 2011 21:05 PM
Reported in: Parliament
News - Legislature, not Supreme Court, sole authority to amend constitution: Sircar
Sangsad Bhaban, Mar 24 (UNB) - Former Speaker and BNP lawmaker Barrister Jamir Uddin Sircar on Thursday said in Parliament that it is not the Supreme Court, but the legislature which is the sole authority to amend the Constitution.

“Supreme Court cannot take away the power of the parliament,” he said, adding that any constitutional amendment passed by the parliament must be approved through referendum.

Sircar made the observations while taking part in the discussion on the thanksgiving motion on the President’s address in parliament.

Referring to the government move to hold trial of the war criminals under International Crimes Tribunal, he said the leader of the nation (Bangabandhu Sheikh Mujib) had granted general amnesty to 97,000 Pakistanis and stated that local collaborators would be tried under the laws of the land.

“Now if you do anything new it will dishonour your leader,” Sircar told the House amid thumping of desk by the opposition lawmakers.

He urged the chair to allow BNP leader Salahuddin Qader Chowdhury to participate in the parliament session as Anwar Hossain Manju, HM Ershad and Obaidur Rahman had been allowed to take part in the parliament proceedings on parole in the past.

On the trial of Col (retd) Taher and bringing American journalist Lawrence Liftschultz as witness, Sircar said that in his professional career of 51 years he had never seen such a thing.

He said Col Taher had tried to raise a class-less army without officers to destroy the Bangladesh Army and in the process killed 60 army officers. He was tried by the military tribunal where ex-Prime Minister Ataur Rahman Khan and Justice Abdur Rouf appeared for his defence.

Sircar recalled that Barrister Moinul Hosein prayed to then Chief Justice Sayem, who became the President, to condone Col Taher’s death sentence. After scrutinizing the documents of the case, President Sayem had declined to condone Taher’s sentence.

He said the defence lawyers of Col Taher did never say that Ziaur Rahman had tried to influence the tribunal. “By holding the trial of Col Taher, the present government is trying to revive a closed chapter to defame Ziaur Rahman.”

The former Speaker was critical of the Foreign Ministry for keeping mum over the killing of hundreds of people, including young girl Felani, by the Indian BSF at the border.

He also alleged that India is not releasing the Ganges water at Farakka for Bangladesh according to the 1997 agreement which was signed by the previous Awami League government.

Sircar advised the government to impress upon the Indian government to stop construction of the Tipaimukh Dam which will turn Bangladesh into a desert.

He said it seems there is no law and order in the country and urged the government to contain the soaring prices of essentials.
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