POBNEWS24, Dhaka Oct 22, 2024 : As per the existing rules, Parliament can impeach the President. But after the change of government, the parliament was abolished and that opportunity is no longer there. On the other hand, the President can resign to the Speaker if he wants.
But that is not possible as the Speaker has resigned and the Deputy Speaker is in jail. Senior lawyer Shahdeen Malik thinks that even if there is a demand for the resignation or removal of the president on the issue of Sheikh Hasina’s resignation, it is not possible according to the constitution.
He said, ‘Parliament can remove the President. But it was cancelled. He also has no chance to resign. That is why it is not possible to remove him constitutionally and legally. However, after the departure of the dictatorial government, everything is not according to the constitution. So the question of rule or constitution is moot. Rather, the government can make arrangements to remove him in the light of public desire.
It is mention here that many people have resigned from the Appellate Division of the Supreme Court, the Election Commission and the Public Service Commission after the current interim government came to power.
Shahdeen Malik said, “Many people who were not with the movement or close to the outgoing government were asked by the government to leave.” In those cases, the constitution was not seen. So it can happen in the case of the President.
Dhaka University law professor Sheikh Hafizur Rahman Curzon said that everything could have been canceled after the uprising. But instead of doing that, some of them have been left out and some of them have been kept, so this complicated situation has come to the fore.
He said, ‘Constitution has not been suspended. But again it is not being fully followed. All in all, a legal anarchy has been created. As a result, many things may have to be done, which will not comply with the rules.
He said that the President himself has sworn in the present government. If the government impeached or removed him without parliament, maybe no one will say anything now. But in the future there may be talk of legal process.
He also said, “Immediately after the coup, the current crisis would not have arisen if all the previous ones were canceled based on the discussion with the representatives of all the agitating parties, classes and professions.” Even if the president was changed then, it could be said that steps have been taken according to the people’s mandate in an emergency situation.
Hasnat Qayyum, chief coordinator of an organization called ‘Rashtra Sanskar Andolan’ and senior lawyer, said in a report of BBC Bengal, “Now an unusual government is working, so it is difficult to find legitimacy and invalidity in the middle of the constitution in a constitutional manner.”
He said that they will now have to take reference from the Appellate Division of the Supreme Court as to what will be the procedure for removing the President of the Interim Government. According to that reference they can remove one or appoint a new one. There is no other provision in the existing legal framework.
