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Tuesday, February 29, 2000

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Rift between President, Govt. in Bangladesh

By Haroon Habib

DHAKA, FEB. 28. A rift has developed between the President, Mr. Justice Shahabuddin Ahmed, and the Government of the Prime Minister, Sheikh Hasina. The ``misunderstanding'' between the titular head and the executive is being allegedly widened by the Opposition which has found the moment suitable for their gain.

Such a situation has never arisen in Bangladesh's 29- year-old political history. The debate over the recently enacted Public Safety Act (PSA), a controversial piece of legislation to which the President gave his assent only after the Prime Minister personally requested him to do so, has also raised a pertinent question: whether any government in future would nominate a ``neutral person'' such as Mr. Ahmed to become the head of the country.

Under the Constitution, a bill passed by Parliament becomes an Act after the President gives his assent to it. Even if the President does not give his assent, it becomes an Act automatically after 15 days. But in the case of the PSA, the President gave his assent not only after 14 days, causing an embarrassment for the Government but he also allegedly allowed the Opposition parties, which are strongly opposed to the Bill, to strengthen their anti-Government campaign.

But the Government had to swallow the bitter pill, may be in the hope of defusing the political tension on which the Begum Khaleda Zia-led Opposition was about to capitalise. The Prime Minister, according to a statement from the President's House, promised to delete the objectionable provision of the Bill by promulgating an ordinance and accordingly, the Law Ministry drafted the ordinance and sent it to the President for approval.

The Government is having the impression that Mr. Ahmed, whom the ruling party had nominated for the presidency after he retired as the Chief Justice, has compounded the political tension not only by ``delaying'' his assent to the Bill, but also involving his office in a new controversy with the Government on a technical matter - whether it is a money bill or not.

Sheikh Hasina, who on February 25, replied to a series of direct and provocative questions relating to the PSA in a televised ``face-to-face with the people'' programme, has said that the President had signed the Bill as money bill before it went to Parliament for passing. The next day, the President's House issued a statement refuting it. The same day, several leading newspapers published the Law Ministry's version defending the Government's action and also the photocopy of the presidential signature to the summary of the money bill proposal, which created a further gap between the Government and the President.

There is no denying that the President's House has caused an ``embarrassment'' for the Government. The debate, therefore, is sure to continue whether Mr. Ahmed should have gone to such an extent as to issue controversial statements particularly when the Opposition parties were out to bring the Government down ``by all means''.

Under the existing scenario, ``rumours'' are rife that Mr. Ahmed may resign. If that happens, it may cause further embarrassment for the Government but that will not obviously bring the regime down. Moreover, the ruling party thinktank believes that the Government may be ``saved'' from further embarrassment if the President resigns.

The Government strongly believes that ``politically motivated quarters'' are out to widen the gap between the titular head and executive. ``We have profound respect for the President, but a quarter with an ulterior motive is trying to create a distance between President and the Government,'' the Law and Justice Minister, Mr. Abdul Matin Kharsu, said on Sunday. He said there was no scope for any controversy now since PSA was already a ``settled matter'' after the presidential assent.

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