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The past week belonged to two chiefs – the chief justice, Justice Mohammad Ruhul Amin, and the chief of army, General Moeen U Ahmed. They talked politics.
   General Moeen has been publicly expressing his views since March 26. Initially, he used to speak intermittently. Now, in the midst of flood relief work in the field, he makes public comments almost regularly.
   In the case of Justice Ruhul Amin, it was his maiden statement of a political nature as the chief justice.
   A bombshell: It was a seminar on an innocuous topic, namely ‘Judicial Reform and Independence of Judiciary’, held in the city on August 11. Addressing the seminar, the chief justice said: ‘I want to assure the nation that we will come forward. The Supreme Court played a role in the past at the critical juncture of the nation. It is doing so at present and will do so in future to pull the nation out of mire.’
   If the statement is taken literally and seriously –– you can’t help but do otherwise with a statement of the chief justice –– this is a bombshell.
   The three-sentence quotation makes the following points:
   l The nation faced critical junctures in the past.
   l The Supreme Court played a role during critical junctures of the nation in the past.
   l The nation is now at a critical juncture.
   l The Supreme Court is playing a role now.
   l The nation is still in the mire.
   l The Supreme Court will in the future play a role to pull the nation out of the mire.
   l The chief justice assures the nation, personally, that the Supreme Court will come forward to play its role.
   The chief justice obviously takes pride in the role the Supreme Court played during the critical junctures of the nation in the past. This is academics and calls for a critical appraisal.
   The country is passing through a critical time. This is common knowledge. But what role the Supreme Court is playing now to overcome the crisis is not clear.
   The statement that the Supreme Court will play a role ‘in future to pull the nation out of mire’ sounds ominous as well as reassuring. Ominous in the sense that the worst is yet to come and reassuring in the sense that the Supreme Court is prepared with a rescue plan.
   Finally, when he says assertively ‘I want to assure the nation that we will come forward’, does the chief justice present himself as the saviour of the nation? Under what conditions, how and in what capacity?
   In the 36 years of independence, Bangladesh has faced four cataclysmic constitutional-political crises –– martial laws in 1975 and 1982, the collapse of Lt General HM Ershad’s civilianised regime in 1990, and the current emergency rule since January 11, 2007.
   The Supreme Court, as an institution, is not known to have played any role during the past three crises. And in the midst of the current emergency, there is no sign yet of judicial activism by the court to help remove the governmental mess through an imaginative and creative application of constitutionalism. Rather, the Supreme Court was evidently found wanting in playing a constructive role prior to the build-up to the January 11 crisis, beginning with the case regarding the reparation of the voters’ roll in January 2006.
   But three justices played their roles during three critical junctures of the nation in the past. In the aftermath of coups in 1975, Chief Justice ASM Sayem became president-cum-chief martial law administrator while Major General Ziaur Rahman, Air Vice Marshal MG Toab and Rear Admiral MH Khan were deputy chief martial law administrators (Justice Sayem handed over the office of CMLA to General Zia in 1976, nominated General Zia as president and handed over the office of president to him in 1977); after the coup in 1982, Justice AFM Ahsanuddin Chowdhury became president when Lt General HM Ershad was the chief martial law administrator (Justice Ahsanuddin handed over presidentship to General Ershad in 1983); and at the culmination of the anti-Ershad movement, in 1990, Chief Justice Shahabuddin Ahmed, first, took oath as vice president of Ershad and then became acting president when Ershad resigned as president under an agreement between the agitating political parties and Ershad, formed an interim government, held the parliamentary election of 1991, got the fifth parliament to make an amendment to the constitution to ensure the continuity of his job as the chief justice and returned to the Supreme Court.
   It may be importune to speculate the role Chief Justice Ruhul Amin may contemplate to play himself or what role he may envisage for the Supreme Court to play as he pledges ‘to pull the nation out of mire’.
   Pragmatism: Experience, however, shows that the Supreme Court has yet to exorcise the ghost of the ‘doctrine of necessity’ which was enunciated by Justice Munir of Pakistan in justification of authoritarianism and martial law. Below are some samplings of pronouncements of the judges of the High Court Division and the Appellate Division of the Supreme Court on martial law and the status of the constitution under martial law:
   *a, Under the (Martial law) proclamation…, the Constitution has lost its character as the supreme law of the country…
   b,…No court including the Supreme Court has any power to call in question in any manner whatsoever or declare illegal or void the (Martial law) Proclamation or any Regulation or Order. –– Chief Justice Kemaluddin Hossain, Justice Syed AB Mahmud, Justice Fazle Munim in Mrs Halima Khatun vs. Bangladesh, 30 DLR (SC) (1978) p.207.
   *a,…The Martial Law is the Supreme Law of the land and that though the Constitution has not been abrogated it has been made subordinate to the Martial Law and that the Constitution will continue in force subject to the Martial Law, that is to say, it will have effect so long it does not come in conflict with the Martial Law.
   b,…(The) sovereign authority of the state now (during Martial law periods) lies in the hands of the Chief Martial law Administrator whose will is the Supreme Law of the land and is above the Constitution. –– Justice Shahabuddin Ahmed & Justice Abdul Matin Khan Chowdhury in Sultan Ahmed vs. Chief Election Commissioner, 30 DLR (1978) p.291.
   *…(The) present Martial Law (martial law declared on 20 August, 1975) is completely different from that of 1958 or 1969. The Constitution has not been abrogated; only certain part of it has been circumscribed by the Martial Law Proclamation out of necessity. This Martial Law is a mere constitutional deviation. –– Justice Badrul Haider Chowdhury & Justice Abdul Malek in Haji Joynal Abedin vs. State, 30 DLR (1978) p.371.
   *Martial Law comes into existence under certain conditions and it rules the country by Regulation and Orders and such Regulation and Orders if are desired to be continued are saved and preserved by a protective clause by a Constitution framed by a Parliament. –– Chief Justice Kemaluddin Hossain, Justice KM Sobhan & Justice Badrul Haider Chowdhury in Mallik Brothers vs. Income Tax officer, 31 DLR (AD) (1979) p.165.
   *The Proclamation (Martial law), Regulations and Orders made thereunder will prevail over any existing law; the Constitution of Bangladesh stands suspended from the date of Proclamation; all Acts, Ordinances, President’s Orders, Proclamations, Rules, Regulations, By-laws, Notifications and other legal instruments in force on the 24th March, 1982 shall continue to remain in force as long as they are not repealed, revoked or amended; all proceedings arising out of and in connection with writ petitions under Article 102 of the suspended Constitution shall abate. –– Chief Justice FKMA Munim, Justice Ruhul Islam, Justice Badrul Haider Chowdhury, Justice Shahbuddin Ahmed, and Justice ATM Masud in Bangladesh vs. Salimullah, 35 DLR (AD) (1983) p.1.
   An exception: As against this general trend, a High Court bench, comprising Justice ABM Khairul Huq and Justice ATM Fazley Kabir, delivered a historic judgement on 29 August 2005, declaring usurpation of state power through the proclamation of martial law illegal and void. The judgment upheld the supremacy of the constitution. The government preferred an appeal against the judgment in the Appellate Division of the Supreme Court. A hearing on the appeal is still pending.
   Common sense suggests the manner in which the Appellate Division disposes the appeal against this High Court judgment will determine the character of the Supreme Court and indicate the kind of role the Supreme Court and the justices may play during any constitutional, political or governmental crisis.
   Flood & politics: While Chief Justice Ruhul Amin made an enigmatic statement about the role of the Supreme Court during the critical junctures of the nation, the chief of army, General Moeen, was at pains last week to explain the role of the army during the current situation.
   General Moeen said that floods were not the time for politicking and, in the same breath, he maintained that flood relief was the politics of the hour.
   There cannot be any doubt whatsoever that relief work is the politics of the hour. With an emergency in force and a total ban on political activities on the one hand and a lacklustre, parasitic ‘caretaker government’ in power, on the other, General Moeen and his army have taken the centre stage in the relief work.
   Not only that. The army chief said that there had been no misuse or loot and plunder of relief materials this time as the army had been supervising the relief work. Beyond the relief work, he said, the army would ‘join the civil administration in reconstruction of each road, bridge and culvert damaged by flood…We won’t allow any corruption in reconstruction work.’
   The people will eventually evaluate the contribution of General Moeen and his army in the relief and reconstruction work. Meanwhile, the involvement of the army in the reconstruction phase will bring it into a direct contact with the rural political elites. Especially so, because many of them are directly or indirectly involved in the construction or carrying business as contractors or sub-contractors. This development in the society has its roots in the food-for-work programme of the 1960s.
   In the sideline of relief work, General Moeen also addresses meetings with the civil administration, local elites and journalists. In such a meeting held in Rangpur on August 16, he reaffirmed that election to the parliament would be held by December next year. He exhorted: ‘Vote has to be given to such persons who will take care of you through five years. Don’t sell your vote and don’t allow others to do that.’
   The floods have come handy to General Moeen and his army to play a bigger role in the government as well as to carry on a very wide range of mass contact while the politicians, under the rigours of the emergency, are left to wallow in the muddy waters of the same floods.
   NM Harun is contributing editor of New Age. He can be reached at: badrun123@dhaka.net

A sixteen-member delegation of left-wing political parties of Bangladesh recently visited China at the invitation from the foreign affairs department of the Chinese Communist Party. It was a friendly political visit, from 23 July to 2 August. Members of the Chinese foreign affairs office guided the tour, took care of all the hospitality and provided interpretation service.
   The visit started with Beijing and ended at Kunming. In between we spent hectic times at Ningxia, a Hui Muslim autonomous region near Eastern Mongolia, and Shanghai. We enjoyed proper hospitality from the hosts everywhere. The management was excellent and all programmes strictly followed the clock, and we, though not habituated at home, had to go accordingly.
   The visit was arranged as a part of the preparation of the 17th Congress of the Communist Party of China. The party is presently maintaining interactive relations with around 400 parties of the world.
   Arriving on 23 July night, we were in Beijing till 25 July. On 24 July, a briefing was given on the development, ruling idea and practice with reference to reform era which started in 1979 under the leadership of Comrade Deng Xiao Ping. A meeting was held with high-ranking officials of the Chinese foreign ministry and we visited the Great Wall in the evening. It was a great experience for most of us, who visited China for the first time. On 25 July, a meeting was held at the Rural Development Institute, Chinese Academy of Social Science. In both the meetings we were apprised of the development of China in the post-reform era i.e. post-1979. The subsequent visits to Ningxia, Shanghai and Kunming were actually meant to see the reform policy under implementation.
   From the noon till the evening, on July 25, we visited Tien-an-Men Square and the Forbidden City and watched the traditional Chinese acrobatic show. The number of visitors everywhere was huge, most of them Chinese. We came across a Chinese couple with whom we could talk in English.
   The reform programme: The reform, as they said, started with the simple and practical idea of raising the living standard of the Chinese people. Under the reform, the Chinese farmers have been liberated. The farmers have been allotted land and they received subsidy to build houses. Farmers are free to sell their products to cooperatives or in the market. During the Mao period the farmers were bound to sell their products to government. With the passage of time TVES (Township Village Enterprise System) have been developed to improve the lifestyle and increase economic activities as well. Employment has been generated. Farmers have the liberty to leave villages and join urban services. Security of life has improved by introducing NRHCCS (New Rural Health Care Cooperative System), where the central government, the cooperatives and the farmers put money to make a fund to cover expenses of high medical expenditure. Pension system is under process of introduction. Still 21 million people are in absolute poverty, and they don’t have any prejudice to introduce micro credit-Bangladesh style, for remote places. Unemployment is below 4 per cent. The developing health care system appeared to me like some sort of health insurance for the Chinese people. Urban to rural population ratio is 1:2. The education system is uniform. The people are very much aware of the population problem and single-child policy has been introduced. Direct foreign investment has been allowed to generate employment. The economy has achieved a double-digit growth in every area. China consistently follows a policy of peace and development for the world as well as for the region. Now an observer of SAARC, China is willing to cooperate in many areas of development in the SAARC region covering energy, mining, infrastructural development and general trade also. The Chinese officials expressed their willingness to continuously improve their relations with India.
   The Chinese are desperately trying to bring more foreign investment and keep +50 per cent share so that control on the economy and the enterprises remain in their hands. In a nutshell, I have a feeling that China is not satisfied merely as a nuclear and economic power. Its endeavour is to provide its people with a better social system – a harmonious society, in Chinese parlance – than the western or other existing systems. China, it was explained, is now pursuing its goal in a practical manner and not in the traditional way of their predecessors.
   Time will say how successful they will be. The ensuing 17th congress of the Chinese Communist Party will have a very important role in this regard.
   Ningxia: We observed Chinese achievements in Ningxia, a Muslim autonomous region located in north-west China on the upper and middle reaches of the Yellow river. Its population is 6.04 million – 35.6 per cent belongs to the Hui ethnic group. Total area is 66400 square kilometre, of which 59 per cent mountain and rest 41 per cent plain. It is rich in gas, oil, coal and various other metals. Prehistoric civilisation of Xixia dynasty and Hui culture are special attractions. With the development of agriculture, along with the most modern style of architectural planning in the urban areas, Ningxia has taken a new look.
   Yinchuan is capital of Ningxia. On 26 July we were received at the Yinchuan airport by officers of the foreign affairs department of Ningxia. After check-in in Ayu Prince Hotel and lunch we left for Zhengmao Community in Xixia district, where we were received at a colourful programme which featured dancing senior citizens of the community. We exchanged courtesy with the community authority and party members through the interpreter. This is the basic unit at the bottom of administration which may be compared with our union council. Such units are well organised. They maintain a library with computers. We found about 20 computers in the library. Community people remain updated using the Internet.
   In the evening we had a meeting and then attended a banquet hosted by the CPC Ningxia. Such meetings and banquets are formal affairs. They let us know about their achievements and development of the post-reform era. On our part, Rashed Khan Menon, as the leader of the delegation, Hasanul Huq Inu, Mujahidul Islam Selim and Dilip Barua responded with courtesy. Though formal, these functions were not short of warmth and intimacy. The Ningxia authority also expressed its eagerness to develop trade and bring foreign direct investment in various sectors including tourism. We were informed that there would be a tradeshow in this area, and Bangladesh would participate in it. Our ambassador paid a visit to the area to discuss the issue, and he was expected to again visit the area soon.
   The next day, on 27July, we went to Baijitan sand control forest, an anti-desert campaign run with Japanese funds. The project has been undertaken so that desert does not extend towards the capital. It is a very hard task and some success has been achieved. We had lunch in a rural household, which was very interesting. They prepared a full lamb, from soup to meat, along with other dishes – all very tasty and delicious. The rural household clusters are mostly two-storied one-unit houses, built with the support of the central and provincial government fund; owners have to contribute some money. The evening was used to see Hui Custom Garden, which is the museum of Hui art, culture, heritage, history and pride. A Hui leader constructed this beautiful
   structure.
   The next day, 28 July, we visited a mosque and Islamic institutes where we found boys and girls taking religious lessons in classes attached to the mosque and a research institute. They have religious liberty. They said around 10000 people go to Saudi Arabia every year to perform Hajj. But the religious belief and activities are not entertained in state affairs, education system and national politics. They expressed their happiness with the system. Hui Muslims use two names, one Arabic and another Chinese, the latter being the formal name. Our escort officer from Ningxia foreign affairs department, Ma Yuqi, is also named as Yousuf. The imam of the mosque and his intimate Muslim friends call him Yousuf, others use his formal name
   Ma Yuqi.
   At noon we were at Yuehai Park, which is yet to be fully completed. It is within the capital city, interconnected with lakes. Fish, medical herbs, very big lotus bush of grasses in the water make it very scenic and beautiful. We used speedboat to travel some area and ultimately went to the most beautiful tourist resort of China, the Sand Lake. We had a camel ride there. There had been many items to enjoy, but our age and time did not permit us to go with many.
   The next day, before leaving, we went to see the countryside and village administration, where post-reform party policy is implemented. About this we were briefed in Beijing. Liberated farmers, social security, medical security system, party-people relationship, transparency etc and other related things were explained to us. The system of greenhouse farming by Hui Muslim families with the support of central and provincial governments appeared very interesting to us. Land, along with investment and technology support, is given to diligent Hui Muslim farmers for greenhouse farming. Hui people, who used to live in mountains and jungles, are now financially solvent. On average every unit makes a profit of 8000-10000 RBM. Average ownership is 3+ units per family. They said they have a plan to make 30000 units this year, which is more than double of the existing number. I think it is possible for them. A Hui person, who did not take this opportunity and ran away to mountains, now repents. The household that we visited is spacious, clean and uses man-animal waste as fertiliser and energy. We left Ningxia for Shanghai after visiting tombs of Xixia dynasty.
   Shanghai: We went to Shanghai on 29 July. Since the opening up, historic changes have taken place in Shanghai economy and society. Today, the city has emerged as an international economic, financial, trade and shipping centre. Covering area ratio of urban to suburban area is 4.35:1. Present population growth rate of the city is 1.23‰. Administration is very aware of environmental issues like the quality of air, which is excellent. Urban greenery coverage has increased to 37.3%. Sewerage and wastewater management is there, and they are taking up the issue of solid waste management and recycling in collaboration with Japan.
   They are inviting direct foreign investment and systematically monitoring its growth. According to official data, in all 348 FDI projects with an investment of 10 million USD or above each were approved in 2006. The year saw the moving in of 30 regional headquarters of transnational companies, 20 investment companies and 26 foreign research and development centres. Shanghai is having double-digit growth rate for the last 15 years.
   We visited Alcatel-Shanghai Bell, a hi-tech industry, where Chinese hold +50 per cent share, and rest 50 percent is held by Alcatel and their foreign associates. More than 90 per cent engineers, technicians and staff are Chinese. The lion share of the product is sold in China, rest to the world. Possibly the same policy of control prevails in other industries.
   We had the opportunity to visit the monumental Shanghai Oriental Pearl TV Tower to oversee Shanghai from 155 metres above. A visit to the site of the 1st National Congress of Communist Party of China is exciting to all communists. The Shanghai Urban planning Centre is a very big and spacious structure, where we had short, formal exchanges with the authority, because Shanghai was
   suffering from heat wave that day.
   Most exciting was our visit to a community in Zhabei District, where we saw the urban community life. The community life is very secured and organised. We received warm reception from the local people. Old retired people were making handicrafts and women taking dancing lessons. There was a class of English for old people who are expected to work in World Expo2010. Library, equipped with computers and the Internet facilities, were there as usual. In the meeting in the administrative building we were briefed that this basic unit can answer 167 queries of a citizen. Upon question, they frankly admitted that the gap between the rich and the poor is increasing. They also admitted they are so far unable to tackle the issue. Basic healthcare and securities for old are there. We returned to hotel with the amazing experience of the community life.
   We visited New Pudong Area, through a tunnel. Many more tunnels and bridges are under construction. This will ensures a more organised China and a more organised Shanghai.
   Kunming: The next morning we caught flight to Kunming, the capital of Yunnan, on way back home. Jin Chang, Director General of Yunnan Provincial International Regional Cooperation Office, received us at the airport. We made a courtesy call with Mme Li Jieng, member of Standing Committee, Yunnan CPC Provincial Committee. They expressed their willingness for cooperation with Bangladesh on various issues like power support, as they have surplus hydro-electric resources, use of Chittagong port for their export and import, as Yunnan is one of the land-bound provinces of China .
   Landing at Kunming Airport, we entered straight into the Expo Garden, which is so impressive, marvellous and rich in nature that no one will feel boring going there over and over again. Rain started at night, rained heavily even in the morning, so scheduled programmes were cancelled. We just went to a museum of ethnic groups of Yunnan before going to airport. Chang, along with Beijing escort Meng, Zhao and Hu, came to see us off in the airport.
   A determined China: Sitting in the plane of China Eastern Airlines I was thinking what I saw in China. It is a determined China – clear about its destination. A Huge nation with so much diversities, the Chinese people and the communist party leadership have from their diligent practice acquired the practical knowledge about how to reach the destination. They now stand in the middle of the road. The 17th Congress of the CPC will draw the road map to that destination.
   Sharif Nurul Ambia, vice president of JSD, was a member of the delegation of the left-leaning parties which visited China from July 23 to August 2, 2007.