‘Referendum ordinance not to be tabled in JS as bill’

The government has decided not to place the referendum ordinance before Parliament as a bill, stating that its purpose has already been fulfilled with the opposition party, Bangladesh Jamaat-e-Islami, raising objections to the decision.

Home Minister Salahuddin Ahmed on Monday said since the recently concluded referendum was conducted under the ordinance and its effectiveness has now expired, there is no necessity to pass it as a bill in Parliament.

Meanwhile, Law, Justice and Parliamentary Affairs Minister Md Asaduzzaman said none of the 133 ordinances issued by the interim government will be absolutely cancelled. The final decision on the ordinances will be taken by Thursday.

He made the remarks following a meeting of the special committee held at the Parliament Complex on Sunday evening with committee Chairman Zainul Abedin in the chair.

Asaduzzaman said the ordinances will be placed before the Parliament, with decisions to be made in line with the Constitution and public expectations.

However, the referendum ordinance may not be placed in Parliament. Since the referendum has already been held under the ordinance, there is no future need for it, and therefore it does not require parliamentary approval. 

Opposition Jamaat submitted a note of dissent regarding the decision. 

Out of 133 ordinances, the ruling and opposition parties have yet to reach consensus on at least 15.

The ruling party intends to amend ordinances related to the Human Rights Commission, judicial appointments, prevention of enforced disappearances, and the Anti-Corruption Commission (ACC).

Jamaat has opposed these changes and submitted dissenting opinions.Salahuddin said referendum ordinance is not part of the Constitution. The ordinance was issued solely to facilitate the referendum, which has already been conducted without dispute.

He also said some ordinances will be passed in Parliament, while some others will be presented with amendments.

Since 12 April is the deadline, some ordinances will not be placed and may instead be introduced later as bills.

Dissenting opinions from opposition parties will be duly incorporated in the committee report, he added. 

Jamaat MP Rafiqul Islam Khan said their party has submitted notes of dissent on 15 ordinances. He accused the ruling party of trying to pass certain provisions using its numerical majority.

Regarding the referendum ordinance, he said the entire nation participated in the referendum. If the referendum is considered unconstitutional, then the parliamentary election held on the same day will be questioned.

Meanwhile, Jamaat central executive committee member and Supreme Court lawyer Advocate Mohammad Shishir Manir said cancelling the referendum could create legal challenges for the elected parliament.

Speaking at a press conference at the High Court, he said the government does not want to implement more than 20 ordinances, which is unexpected. He urged the government to withdraw its decision to cancel the ordinances.

Senior Supreme Court lawyer Shahdeen Malik said the fate of the referendum ordinance and other ordinances will be decided in the elected Parliament. The current Parliament has the ultimate authority about the matter.