The New Nation - Internet Edition

UNB, Dhaka

Dismissing TIB chairman Prof Muzaffar Ahmed's contentions, some leading lawyers of the Supreme Court Sunday claimed that there is no legal bar to Sheikh Hasina assuming the office of Prime Minister riding on an outstanding popular mandate.

The group of lawyers, including Supreme Court Bar Association (SCBA) president Barrister Shafique Ahmed, secretary Nurul Islam Suzan and ex-SCBA president Mahbubey Alam, said criminal cases against Hasina are pending with the court. She has not been convicted in any case by any court of law.

"In any civilized nation and in accordance with the International Human Rights Declaration an accused in a criminal case is presumed to be innocent until the allegation against the accused is proved by a court," they pleaded to rule out the views of the chief of the local chapter of the international watchdog against corruption.

The lawyers said the notion of 'presumption of innocence' is applicable in the case of Sheikh Hasina who has emerged as an "uncrowned leader" through the December 29 parliament elections.

This is also legally applicable for those who were released on bail and would be inducted into Hasina's cabinet.

The lawyers noted that there is no difference between the release on parole or bail in the context wherein Prof Muzaffar made the contentious remarks.

On December 31, Prof Muzaffar at a seminar said Sheikh Hasina, now on parole, should not take oath as Prime Minister until the pending cases against her are disposed of.

He also stated that Hasina should not distribute ministerial portfolios to those who were convicted or awarded jail terms or now free on bail from jail following the pre-election turnaround from a massive clean-up drive conducted by the interim regime after the 1/11 changeover.

With all respect to Prof Muzaffar, the lawyers said that there is no link between his remarks and legal jurisprudence and law. "Since Prof Muzaffar is not a legal expert, his remarks are tantamount to misinterpretation of law," the group of jurists noted.Other signatories to the statement are Shamsuddin Chowdhury Manik, SM Rezaul Karim, Enayetur Rahim, AM Aminuddin, Mahbub Ali, AFM Mezbahuddin, Momtaz Uddin Mehedi, Nahid Sultana Juthi, Hassan Foiz Siddique, Nizamul Huq Nasim, Obaidur Rahman Shaheen, Dr Belal Hossain Joy and Zead Al Malum.