Two types of people are being disappeared in Bangladesh now. The one that are forcefully made disappeared from the political landscape due to their political affiliation/belief and the other one who are voluntarily disappearing to go to Iraq and Levant. Is there any correlation-causation between these two types of activity? What do the experts say?
Respecting the decision of the Supreme Court in 16th amendment case, I must say that the verdict has been a cherished dream for the persons of legal arena specifically and for the people generally. However, the verdict has created a doctrinal or theoretical hegemony regarding the application of original Constitution for ascertaining the Basic Structure. The intellectuals will further consider that ‘is there any scope to keep the original Constitution remain applicable?. The most convenient way will be to keep both simultaneously for both of ‘independence’ and ‘check & balance’ are necessary. Therefore, the Parliament and Supreme Judicial Council can act concurrently in association of each other; and there may be two enactments for detailed provisions namely ‘The Judges (Appointment) Act, and ‘The Judges (Inquiry) Act’. Otherwise, this verdict will be a precedent for abrogating any provision of the original Constitution in future days through exercising political malafide and terming as ‘historical mistake’.
University of Dhaka