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Press release - Dr. Kamal Hossain urges for practice of rule of law

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News Dhaka, Bangladesh - 27th November 2012

Dhaka, 27 November 2012:

Eminent Jurist Dr. Kamal Hossain has said the ownership of the State belongs to the People, and the elected representatives are mandated to serve the people in line with the Constitution.

He observed that for establishing rule of law there are requirements of good intentions and consciousness among politicians. Impartiality of the administration is also necessary, he continued; otherwise only law will not serve purposes.

Regarding impunity for the convicts, he told that this should be practised very carefully- on a case by case basis; and on a rare circumstance only for ensuring justice. If it is done on a wholesale basis and also on a political consideration then it is tantamount to abuse of authority and power, and gross violations of Constitutional provisions.

He said this on 26 November 2012 at a public lecture on Constitutionalism organized by the Human Rights Law Clinic (HRLC) at UNESCO Madanjeet Singh South Asian Institute of Advanced Legal and Human Rights Studies (UMSAILS) in Dhaka.

Dr. Hossain, also the Chairperson of the Governing Council of UMSAILS observed that the political use of a religion could not bring any benefit to any society; Pakistan is an example in that regard.

Referring to the 15th Amendment of Bangladesh Constitution, he opined that making Islam as the State religion has gone against the tradition of secularism practised by people here for centuries; it is also against the spirit of the Liberation War of Bangladesh.

He said that during the Liberation War in 1971, the Pakistani military has committed genocide against the Bangalees in (present) Bangladesh in the name of protecting a particular religion. 

Referring to incidents of extra-judicial killings by members of law enforcement agencies, the renowned jurist said that those are violations of fundamental rights and against the rule of law. On increasing incidents of lynching, he observed that those reflect erosion of tolerance in the society and lack of respect for rule of law. As a remedy, Dr. Hossain emphasized on strengthening capacity of police and to enhance professionalism among them.

“For ensuring a discrimination and violence free society, we should promote and uphold the spirit of the Constitution and rule of law,” he said. He underlined on importance of educating people on basic principles of the Constitution.

Barrister Abdul Halim and Barrister Shameem Haider Patwary among others participated in the open discussion. Dr. Uttam Kumar Das, a Human Rights Lawyer gave the address of welcome.

The session was attended by 40 law students, legal academics and practitioners.#

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