Staff Reporter :
Eminent jurist Dr Kamal Hossain on Thursday said that setting up a court inside a jail is “absurd”.
If anybody is aggrieved for setting up a court in the jail, he/she can move to the High Court questioning the legality of setting up such a court, he said.
Dr Kamal Hossain made the comments at a views exchange meeting with the Supreme Court lawyers, arranged by the Supreme Court Bar Association (SCBA) at its auditorium.
The name of BNP Chairperson Khaleda Zia, whose trial is being held in jail and is one of the major discussions in the political quarters, was not mentioned.
The eminent jurist said that a court inside Dhaka Central Jail tried Colonel Taher, which the people of the country did not consider well. Dr Kamal Hossain, one of the framers of the Constitution, also said those who have insulted former Chief Justice Surendra Kumar Sinha will be hated forever.
“We will try them,” Dr Kamal said.
He said that level playing field is needed for holding the next Parliamentary election in a free and fair manner.
Advocate Zainul Abedin, President of the SCBA, presided over the meeting and Bar Secretary Barrister A M Mahbub Uddin Khokan conducted it.
Senior Advocate Khandker Mahbub Hossain, Advocate Subrata Chowdhury, Advocate Jajlul Haider Afrik and other lawyers were present on the occasion.
Other discussants at the programme discussed on various contemporary issues, including the Constitution, rule of law, democracy and elections. It is noted that on September 4, the government has set up a temporary court at the Old Dhaka Central Jail to hold the trial of BNP Chairperson Khaleda Zia and three others in the Zia Charitable Trust case. But Khaleda Zia is the only prisoner of the jail. Dr Kamal said, “Court in jail is a contradictory matter. Jail is jail and court is court. Why is the court in jail, how was it, under which law?”
He called for discussion on how logical the elections are in keeping with the existing Parliament. “Polls-time government must be a neutral government in the interest of free and fair elections,” he said.”While standing in the opposition, Sheikh Hasina gave 23 points for a fair election, its requirements are not yet finished. If we follow those 23 points, fair elections are possible in the country. Hope, Prime Minister will not step away from those points,” Dr Kamal said.
Whether there is Jamaat-e-Islami as a party in the all-party alliance that has been called centering the next Parliamentary elections, Dr Kamal said, ‘no’. They (Jamaat) will not be included in the all-party alliance.
He said that our Constitution needs more amendment. “There are some deficiencies in it. Give them as a written form of how they can be restored. A commission may also be formed for this amendment. The government can form the committee. If the government cannot form the commission, then we can do it.”