Rafique terms Khaled's remark "Seditious"
Dhaka: Khondoker Ibrahim Khaled's suggestion that only martial law can ensure trial of alleged stocks offenders has drawn fierce criticism from top lawyers who term his comments "seditious" and "irresponsible".
"It amounts to sedition because martial law is illegal, unconstitutional," said Barrister Rafique-ul Haque of Khaled's remarks in a TV report aired on Thursday.
The former attorney general, who has appeared in courts for both prime minister Sheikh Hasina and former prime minister Khaleda Zia, finds the comments provocative.
"He who is instigating martial law should also be punished," Rafique-ul Haque said, speaking to bdnews24.com.
"It's not easy to fast-track such trials. There are courts, and the court is always in favour of the accused," Khaled told the Banglavision reporter on Thursday. "The court is never in favour of the accuser."
"Only martial law can fast-track such trials," Khaled said in the interview. "You can take (them) into custody and hold summary trials. You cannot do that in a democracy."
Anisul Huq, another top lawyer who has led the prosecution at the Bangabandhu murder trial, lent support to the former attorney general. "It is a very irresponsible statement. And it is not at all true that the court is always in favour of the accused," Anisul Huq told bdnews24.com.
"And what he said about martial law only reflected his no-confidence in the entire judicial system. This is never expected of a responsible citizen like him."
"He should know there is nothing called martial law in a civilised society."
"It is very sad that someone like him has made such a statement. This amounts to him expressing no-confidence in the legal process.
"I think by making such statements he (Khaled) is only proving that the [inquiry] report he has done is not acceptable," Anisul Huq said.
Rafique-ul Haque referred to the Supreme Court judgment on the 5th Amendment and subsequent pronouncements from top judges: "Our court has repeatedly said martial law is illegal, (and that) anyone declaring martial law should also be punished.
"(This means) you want summary trials, you don't want rule of law," Rafique-ul Haque said.
"It (also) amounts to contempt of court," said Rafique-ul Haque of Khaled's criticism of the judicial process.
Khaled, who led a four-member inquiry team into the Dec-Jan stock market upheaval, submitted his report on Apr 7. The government decided not to publish the 300-page report immediately, leading to calls that the findings be made public. Three days later, bdnews24.com, which got hold of a copy, uploaded the report on its site.
