The purpose of the law is to rule the people for a peaceful society. It ensures peace and tranquility in the society and social harmony. It protects the weaker from the mighter and vise versa. From that concept of law and justice every society evolves.
However in our country we are guided by a democratic form of government which is ruled by the basic principle of law and justice. All the state organs are aimed to serve that goal. Our executive, the legislative and the judiciary are equally important and serve that very purpose of the nation.
But, too unfortunate that we are yet to have those organs effective for us. Sometimes those organs served the purpose which is opposite to the purpose of their establishment. It, in result, pull back the progress of the country and the institutionalization of democracy.
We have seen that our judiciary has once delivered that martial law is the supra law of the country. However, we must not forget the very progressive role of the apex court in our history.
However, the Appellate Division of the Supreme Court has ruled that declaration of martial law is tantamount to treason against the state. The court has delivered it in its seventh amendment case. It is a very clear and progressive uttering for any democratic country. As we are a democracy, we must applaud such type of pro-state and pro-people verdict. In addition to this, it makes the offence a punishable one. It any person who declares martial law and outs and attempts to outs any elected government is liable for punishment for high treason against the republic. If we follow the guideline and the verdict of the court, probably the path of democracy will be safer and free from any future hurdles of military rule. Beside this, it will make the path of democracy uninterrupted and consecutive as well.
Since 90s, we are in a democracy, thought nominally, but some sort of formal democracy has been developed anyway.
But simultaneously, it is equally true that our democracy has been interrupted by several attempts. Many of those attempts have not been exposed to media and the people. And caretaker government is another type of way which is interruptive of democracy. Though for sake of democracy the nation has accepted for the greater interest of the people. Unlike this, the last caretaker government (?) was another threat against democracy in deed. But, at last, the nation could come out of this nightmare.
So, it the urge of the nation that the political parties should act according to the sprit of the constitution and uphold the interest of the people. Any time of political cliff is possible to solve by dialogue amongst the political parties.
BDST: 1955 HRS, JAN 02, 2013
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