In the context of the movement of students of various universities and colleges of Bangladesh for more than a week demanding cancellation of quota system in government jobs, the government is demanding that they are relying on the court to solve this problem.
The entire city of Dhaka was virtually immobilized in the students’ movement for the last two days.
It is being said from the responsible level of the government that the issue of quota should be resolved there as it is under trial in the court. The government will not talk about pending matters.
In such a context, the question has arisen, considering the current situation, whether it is possible to solve this problem politically?
What the students are saying
In 2018, the Bangladesh General Student Rights Conservation Parishad started a movement demanding quota reform to 10 percent. At one point, the government abolished quotas for government jobs in grades 9 to 13 (Class I and II) that year.
When the children of some freedom fighters petitioned the High Court in 2021, the quota came back again through a judgment on June 5. The state appealed to the Appellate Division seeking suspension of the judgment of the High Court. In fact, the Supreme Court ordered the state party to file a leave to appeal for the hearing of that application on July 4.
In the meantime, the students started the movement to cancel the quota from last July 1. This movement has now spread throughout the country. Students are continuing this movement under the banner of anti-discrimination student movement.
The program called ‘Bangla Blockade’ by the students for the last two days blocked various roads and highways outside Dhaka and Dhaka.
The agitating students said that now the movement is going on for a single demand. In continuation of the Bengali blockade program of the last two days, the program will be announced again. The demand of the students is not to the court but to the government.
Nahid Islam, the coordinator of the students’ movement, told BBC Bangla, “This one point is basically a matter of the government’s jurisdiction. The government can issue a new circular by passing a bill or a law in the parliament with a logical solution to the quota of all grades”.
It refers to the jurisdiction of the entire government. “The government is putting or using the court to avoid its responsibility,” Islam said.
The agitating students believe that the government can pass a law in the parliament and issue a new notification by canceling the discriminatory quota and keeping the quota only for the backward communities as per the constitution.
At the same time, Mr. said that the students will not participate in any legal process. Islam
“Since the state has appealed to the court, there is no need for us to participate here. Since this claim is with the government, only the government can take action here. There is full respect for the court, the legal process will proceed accordingly. We will take our street movement forward,” said Mr. Islam
Meanwhile, two students have appealed to the Chamber Judge court to stay the High Court verdict.
The Chamber Judge ordered that the full bench of the Appellate Division will hear this application on Wednesday.
The lawyers said that these students wanted to be a party to the previous application.
After this application to the court, another coordinator of this movement, Abdul Hannan Masood, confirmed in a small message in his group that no representative from the anti-discrimination student movement went to the High Court.
At the same time, it is mentioned that one point of demand has been made to the executive department. The message also announced that the program will continue until the demands are met.
IMAGE SOURCE,MD. HASANUZZAMAN
Is it possible to resolve out of court?
Many lawyers think that it is possible to solve the demands of students in quota reform in an alternative way.
They say that the system has been reinstated as the court declared the quota cancellation notification illegal. As a result, the problem can be resolved by bringing an amendment by keeping the quota at an acceptable rate in the earlier notification by saving the quota, the lawyers said.
Supreme Court’s senior lawyer Shahdeen Malik told BBC Bangla, “The court has declared the quota cancellation notification illegal, so it has been cancelled. As a result, the previous notification was reinstated by reserving 56 percent quota”.
“The former can now be revived by complying with the court order. Thereafter, there is no bar to issue another notification by amending it logically within one month”.
According to the constitution, quotas can be reserved for women, disabled, minorities and backward persons. However, this lawyer thinks that it can be 10 to 12 percent i.e. reasonable rate.
“Talking to everyone and keeping a fixed rate quota for the disabled, women, backward people will not be a violation of the principle that everyone is equal in the eyes of law. But the children of the freedom fighters have passed their age now. In that case, it is unreasonable to reserve the quota for the grandchildren,” said Mr. the owner
Dhaka University Law Department Professor Asif Nazrul almost agreed.
Mr. BBC Bangla. Nazrul said, “The government has two things to do. The Attorney General’s Office is part of the government. They should earnestly fight it in the Appellate Division. Tried to overturn the High Court judgment through legal means.”
“However, the High Court’s ruling said that the annulment certificate was invalid, so the previous one remained. Then correct it. The government can not amend the circular it is in any law of the world! It is a matter of common sense. If the circular survives to the Appellate Division, it can be amended,” said Mr. Nazrul
Although the highest law officer of the state thinks that there is no chance to solve this problem outside the court.
“The order passed by the government was overruled by the court. Whatever has to be done has to be done in court. As a result, the government has no opportunity to do anything now,” said Attorney General AM Amin Uddin to BBC Bangla.
Mr. Uddin said, “If you want to do something outside the court now, it will be contempt of court. It would be illegal. Because the government notification has been cancelled. As a result, we have to wait for the next order of the Supreme Court”.
When reporters asked about the government’s stance on the students’ movement at the secretariat, Law Minister Anisul Haque mentioned the Prime Minister.
He said that the Prime Minister has very clearly said that the decision of the government does not matter now, the issue of quota is now with the Supreme Court.
Mr. Haque said, “The incident happened in the court. Protesting on the streets will not solve it. If you move like this, it may become contempt of court at some point. In that case, the court is the right place to solve the quota problem.