Senior Supreme Court lawyer and Bangladesh Jamaat-e-Islami central leader Mohammad Shishir Manir has criticized the government’s rationale for revoking the laws on enforced disappearance and the Human Rights Commission, labeling it as legally flawed. He pointed out discrepancies in statements made by the home and law ministers during an urgent press briefing at Jamaat’s central office in Moghbazar.
Shishir Manir highlighted that according to the International Crimes Tribunal Act, enforced disappearance is classified as a “crime against humanity” but must be both “widespread” and “systematic” to be prosecutable. He emphasized that a single case of disappearance does not meet this criteria, indicating a misalignment between the ordinance and the ICT law.
Furthermore, he dismissed the government’s assertion that the Human Rights Commission Act lacks provisions for investigation, time constraints, and compensation. He argued that the relevant sections clearly define a 30-day timeframe, investigation protocols, and mechanisms for compensation.
Regarding the referendum ordinance, he pointed out that the government itself acknowledged its validity, thus assuming responsibility for its enforcement. He stated that if the validity is acknowledged but not put into effect, the government bears the liability.
Shishir Manir raised concerns about the show-cause notices issued to judges, stating that the law under which the notices were issued had been deemed unconstitutional and invalidated by the Supreme Court, rendering such actions legally unsustainable.
He also alleged that an amendment to the Bank Resolution Ordinance permits previous owners to reclaim control of banks, hindering efforts to establish accountability in the financial sector and recover misappropriated funds.
Additionally, Barrister Najibur Rahman Momen, a member of parliament and Supreme Court lawyer, spoke at the briefing, criticizing the rollback or expiration of key reform initiatives such as judicial independence and a dedicated secretariat for the judiciary, which he believed undermined public expectations.
He further condemned the exclusion of dissent notes from opposition and some ruling party members in the committee report, describing it as contrary to democratic principles.
Momen raised alarms about the last-minute introduction of Section 18(a) in the Bank Resolution Ordinance, expressing concerns about transparency and the potential restoration of control to former owners.
He cautioned that if public trust in parliament erodes, leading to street protests to assert their rights, the government and ruling party legislators would bear the responsibility.
