The New Nation - Internet Edition

Staff Reporter

Barrister Mainul Hosein, former adviser of the caretaker government (CTG), has said the CTG has kept its word by handing over power to an elected government which came to power through a free and fair election.

He was participating in a live talk show in a private Television -Channel-1 on Tuesday night. The talk show was conducted by senior journalist Shaukat Mahmud who is also president of the National Press Club. The other participant in the talk show was BNP leader Brig (Retd) ASM Hannan Shah.

Giving his view on contemporary politics visa-a-vis CTG, Barrister Mainul said, their CTG headed by Dr. Fakhruddin Ahmed was not a CTG as defined in the constitution. It was a crisis management government, he said adding the Awami League and the BNP were in discord on almost all issues including reconstitution of the Election Commission (EC), framing of an acceptable voter list and voters ID card. We have tried our best to overcome the situation through consensus reached between the two major political parties, he said.

Barrister Mainul said he had met Sheikh Hasina and Begum Khaleda Zia several times to ease the situation. I had always in my mind that martial law did not repeat in the country.

The government that was formed in this critical time was a army backed government. Some people are now saying it was a half military and half-civilian government.

He said Dr. Fakhruddin Ahmed and General (retd) Moeen U Ahmed are now out of the country. It would have been good had they been in the country.

When asked whether the army chief and some ambitious army generals who were close to the army chief had supported this government, Barrister Mainul said, we should not view the situation in this way. The reality was at that time was to go under martial law or to think over an alternative system. A number of advisers had resigned then and the president had nothing to do , he said.

Barrister Mainul said, "We had been told from the army if people like us do not come forward then what would be the fate of the country. When the people from the armed forces say, they do not want martial law and they would uphold the constitutional process if we join them. We have to think over it. I took 48 hours to take a decision," he said.

Barrister Mainul said, we have worked to achieve certain goals, those are reconstitution of the EC, framing of an acceptable voter list, separation of judiciary, holding of a credible election and power transfer.

He said, I could not take the full responsibility of the CTG. But we may have committed some mistakes during our tenure in the government, he said.

He said, it is natural that the crisis management government may have more mistakes .During emergency rule people have no fundamental rights as our government was not a normal one, he said.

I have always tried to obtain bail for the people as it was their inherent right. I have also secured the bail of the women after holding talks with the army officials, he said.

Barrister Mainul said, he was not agreeable to the proposition that the government headed by Fakhruddin was backed by a handful of ambitious army officials. Those who took over power they did not prolong their stay. They were pledge-bound to hand over power within two years and they did so, he said.

The former law adviser said emergency rule is also a constitutional rule. Fundamental rights remain suspended during emergency. There was every possibility of martial law but instead the country was run by emergency laws. It was a government of having collective responsibility. It was honoured what chief of the caretaker government Fakhruddin had said during his nationwide address on the first day of the takeover of power. The EC was made independent, an acceptable voter list was framed and voter ID card was prepared. The independent anti-corruption commission (ACC) was reconstituted. Earlier, the ACC could not file any corruption case against the politician or others without PMs approval. They had abolished that very clause. Now it is a proven truth that the advisers of the CTG did not interfere in the activities of the ACC.

Barrister Mainul said, there was some difficulties in obtaining bail under emergency rules. But there was no such prohibition in the ordinary laws. The trial was held in the courts constituted by the politicians. It was not a kangaroo court as such, he said. He was always in favour of holding open trial. He himself secured the passage of a BBC journalist to a court to observe the trial when the latter was in difficulty.

Those who joined the CTG had certain commitments. Those include handing over power to an elected government within two years, election commission had been recast and judiciary has been made independent. Now it has been curtailed. ACC has been made independent. We had to take risk in implementing those hilarious task.

Barrister Mainul said they had kept their words with which they came to power.

It was something different whether there were mistakes at individual level. He said the CTG was a hung government. They had to ensure that women and children are not harassed and bails were obtained in consultation with the army. He was helped by other advisers. None could say emergency law unconstitutional by challenging it, he said.

Describing his life-long struggle for bail he said, he made a provision of time limit for holding expeditious trial.

He said, what is said by our patriotic armed forces is acceptable. They are not alien forces, he said.

He said he did not run after any position or flag.

Barrister Mainul said, he always fought against corruption and criminalization of politics. He opted to join CTG as the country was in danger. Hundreds of crores of Taka was siphoned off from the country at that time.

Referring to political reforms, he said the crisis was inevitable if it was personalized. Barrister Mainul reiterated his commitment to political reforms and democracy. He stressed the need for removing personality cult from politics.

Hannan Shah praised the role of Barrister Mainul Hosein during Baksal. He said the CTG had mandate for 90 days while the mandate for emergency was for 120 days. But they failed to uphold it, Hannan Shah said. He also differed with Barrister Mainul as regards popularity of the CTG. Had they been popular, he said they could have gone for referendum. They had the intention to continue in power but they had no option but to hand over power, Hannan Shah said.