Senior Supreme Court lawyer and Bangladesh Jamaat-e-Islami central leader Mohammad Shishir Manir has termed the government’s explanation for scrapping the ordinances on enforced disappearance and the Human Rights Commission as “not legally sound”, alleging inconsistencies in statements made by the home and law ministers.
He made the remarks at an emergency press briefing at Jamaat’s central office in Moghbazar this evening.
Shishir Manir said that under the International Crimes Tribunal Act, enforced disappearance is considered a “crime against humanity”, but it must be “widespread” and “systematic” to be prosecutable. A single incident of disappearance does not fall under this definition, making it clear that the ordinance and the ICT law are not aligned.
He also rejected the government’s claim that the Human Rights Commission Act lacks provisions for investigation, time limits and compensation. According to him, the relevant sections clearly outline a 30-day timeframe, investigation procedures and compensation mechanisms.
On the referendum ordinance, he said the government itself has recognised it as “factum valid”, which places the responsibility of implementation on the state.
“If its validity is acknowledged but not implemented, the liability lies with the government,” he said.
Questioning show-cause notices issued to judges, he said the law under which the notices were served has already been declared unconstitutional and struck down by the Supreme Court, rendering such actions “legally untenable”.
He further alleged that an amendment to the Bank Resolution Ordinance allows previous owners to regain control of banks, undermining efforts to fix accountability in the financial sector and recover misappropriated funds.
Also speaking at the briefing, Barrister Najibur Rahman Momen, a member of parliament and Supreme Court lawyer, said key reform measures, including judicial independence and a separate secretariat for the judiciary, were either repealed or allowed to lapse, undermining public expectations.
He also criticised the exclusion of dissent notes from opposition and some ruling party members in the committee report, calling it contrary to democratic practice.
He alleged that a last-minute inclusion of Section 18(a) in the Bank Resolution Ordinance paved the way for restoring control to former owners, raising concerns over transparency.
He warned that if people lose faith in parliament and take to the streets to realise their rights, the responsibility will lie with the government and ruling party lawmakers.
