New Age: The state of emergency declared on January 11, 2007 suspending fundamental rights and stalling the elections to the ninth parliament has been revoked with effect from today. The president, Iajuddin Ahmed, has issued a proclamation revoking the emergency and promulgated an ordinance repealing the Emergency Powers Ordinance 2007 and the Emergency Powers Rules 2007.

Although the gazette notifications of the proclamation and the Emergency Powers (Repeal) Ordinance 2008 were issued on December 15, a day after the council of advisers of the military-controlled interim government had approved the ordinance to withdraw the emergency, they were made available on Tuesday.

‘Whereas the president is satisfied that it is expedient and necessary to revoke the state of emergency proclaimed in exercise of the powers conferred by Article 141A(1) of the constitution, the president does, hereby, revoke the state of emergency, proclaimed on January 11, 2007, in exercise of the powers conferred by Article 141A(2)(a) of the constitution,’ the proclamation reads. It also said the proclamation would come into effect on December 17.

The ordinance, which also comes into effect today, repealed the Emergency Powers Ordinance 2007 and the Emergency Powers Rules 2007. It, however, said the proceedings disposed of under the rules would be maintained as if the rules had not been repealed. It further said the inquiry, investigation, trial and appeal pending under the rules would continue in their respective stages as if the rules had not been repealed. For their disposal, the laws and rules would be applicable which could have been applicable if the rules had not been framed.

The ordinance also dissolved the national coordination committee on corruption and serious crimes formed on March 8, 2007. The home adviser was the committee chief.

The committee, however, may continue with its administrative functions, still pending, till January 1, 2009 and all its activities will cease to function on expiry of the date, the ordinance said. The ordinance, however, said the indemnity given by Section 6 of the Emergency Powers Ordinance would be maintained as if the ordinance had not been repealed. The section said no case could be filed or no proceedings could be drawn against persons for anything done by them in good faith in pursuant of any order given under the emergency powers ordinance and rules.

The president declared the state of emergency on January 11, 2007 amid political crisis. The declaration of emergency postponed the general elections and suspended civil and political rights. He also stepped down as chief adviser to the caretaker government and formed a new interim government led by Fakhruddin Ahmed as chief adviser on January 12, 2007.

Curfew was ordered on January 11, 2007 on all metropolitan cities and district towns between 11:00pm and 5:00am everyday until further order. The curfew, however, was withdrawn the next day although the troops, deployed on December 9, 2006 on election duties, were kept on the field. Although the troops were withdrawn on November 4, 2008, they will come out of the barracks again on Wednesday, a day after the withdrawal of the emergency, for election duty beginning on December 20, election commissioner M Sakhawat Hussain told reporters on Monday.

Another round of curfew was ordered on all metropolitan cities at 8:00pm on August 22, 2007 following student protests sparked by assault of a Dhaka University student by an army man in the university playground on August 20. The government withdrew curfew on all the six cities on August 27, 2007. The cities had remained under curfew for 51 hours in full enforcement in six days.

In the face of continuous demand from national and international quarters, including almost all political parties and rights groups, for a complete withdrawal of the emergency, the government on December 10 announced the emergency would be withdrawn on December 17.

The alliance led by the Bangladesh Nationalist Party asked the government on December 8 to meet two demands — withdrawal of the state of emergency and suspension of Article 91E of the Representation of the People Order which empowers the Election Commission to cancel candidature at any stage of the polls — by December 10 or face consequences.

Immediately after the declaration of emergency, the government launched drives against corruption mainly targeted at politicians. It detained more than 200 leading politicians, including Sheikh Hasina and Khaleda Zia, as part of a reported move to keep the two top leaders off politics and send them into exile. Many politicians left the country amid the government’s drive. The interim government on February 22, 2007 reconstituted the Anti-Corruption Commission and appointed former army chief Hasan Mashhud Chowdhury its chairman. It also formed the national coordination committee on March 8, 2007 to deal with corruption and serious crimes and then formed army-led task forces.

More than 2000 cases have so far been filed under the emergency rules mainly against politicians and businessmen on various charges including corruption, tax evasion and extortion. The Anti-Corruption Commission filed 472 cases and other authorities 710 on corruption charges.

The government also set up 10 special judge’s courts on the Jatiya Sangsad complex for the trial of the corruption cases under the emergency rules.

More than 300 people, including about 60 politicians and their close relations, have been convicted under the emergency rules. The convict politicians include former ministers and lawmakers.

Three Dhaka University teachers, four Rajshahi University teachers and a number of students of both the universities were also jailed during the emergency on charge of breaching emergency rules during the August 2007 campus protests. They were, however, released on suo moto presidential clemencies amid protests against the convictions.

Although the emergency kept the right to go to court to establish the rights, a number of emergency provisions, action taken under the emergency rules and even the proclamation of the emergency have been challenged in the Supreme Court.

More than 100 politicians and businessmen could be released from jail obtaining orders from the Supreme Court for their bail in recent months.

The High Court bench of Justice ABM Khairul Haque and Justice Md Abdul Hye on December 4 declared illegal and void four provisions of emergency powers ordinance and rules, especially related to the restriction on seeking bail, appeals against lower court orders and stay on the sentences. The court delivered the verdict on a public interest litigation writ petition filed by the New Age editor, Nurul Kabir, rights activist Sultana Kamal, also a former adviser to the caretaker government, and Dhaka University law teacher Hafizur Rahman Karzon on June 5. The High Court bench of Justice Khademul Islam Chowdhury and Justice Mashuque Hossain Ahmed on July 27 issued a rule asking the government to explain the legality of the state of emergency including its proclamation.

The court passed the order after hearing a public interest litigation writ petition filed by Supreme Court lawyers M Saleem Ullah, Mohsen Rashid, Nahid Sultana Juthi and Abdul Mannan Khan on July 14. The rule is yet to be disposed of.

The government has so far promulgated 99 ordinances making new laws or amending the existing ones during the emergency although the High Court has ruled the interim government has no power to promulgate any ordinance making provisions not directly related to the holding of elections.

The High Court bench of Justice ABM Khairul Haque and Justice M Abu Tariq on July 13 first came up with the observation in its verdict on a writ petition filed by the Marriage Registrars’ Association president, Peerjada Syed Shariatullah, and five other marriage registrars challenging the legality of the Muslim Marriage and Divorce Ordinance 2008. The court also cancelled the Muslim Marriage and Divorce Ordinance, promulgated on February 18.

The same bench on July 24, after hearing a public interest litigation writ petition filed by Supreme Court lawyers M Shamsul Haque and Tajul Islam and a rule issued suo moto by the court asking the government to explain the constitutionality of the Contempt of Courts Ordinance, cancelled the ordinance with a similar observation.