Exclusive Interview: Momtazuddin Fakir

Election will be accepted in home and abroad

Senior lawyer Md. Momtazuddin Fakir is the current president of the Supreme Court Bar Association. Before this he worked as additional attorney general. He discussed with Prothom Alo regarding the 12th National Parliament Election and the ongoing political situation of the country. The interview was taken by Mohiduddin Faruk

Md. Momtazuddin Fakir
Prothom Alo:

The Awami League government is going to arrange another one-sided election, what is your opinion?

Md. Momtazuddin Fakir: Here we should remember that Awami League did not organise elections. The election commission is an independent and constitutional institution. The election was organised by the EC. Awami League and other parties are participating in that election. So, it is not a one-sided election. Even this time there is an opportunity for multiple independent candidates to compete in the election against the party candidates, which is a new political philosophy. This initiative will ensure participatory elections and further consolidate and strengthen the democratic process.

Prothom Alo:

The 12th National Parliament Election is going to take place on 7 January without the BNP (Bangladesh Nationalist Party). Do you think this election will be accepted nationally or internationally?

Md. Momtazuddin Fakir: The election that is going to be held will definitely get recognition within the country and internationally. Elections will be held with everyone's participation. Now in the digital age, everyone has the opportunity to see how and what type of elections are being conducted. Apart from that there will be local and foreign observers. So, this election will be accepted in the country and abroad.

Prothom Alo :

BNP is not taking part in the election? How do you see it?

Md. Momtazuddin Fakir: The fact that BNP is not participating in the elections is their own matter. As BNP is a political party, there are other political parties like Bangladesh Kalyan Party, Trinomul BNP, Awami League. It is the responsibility of a political party to participate in the election out of its duty to the state and the country to check its popularity. I think the BNP should have participated in the elections. However, most of the registered parties are participating in the elections.

Prothom Alo:

The experience BNP had in the 2018 election; at what confidence would they participate in the election? 

Md. Momtazuddin Fakir: BNP participated in the 2018 election. But they withdrew them at the halfway stage and announced to resist the election. I think this decision and step of BNP was a mistake. They should have stayed in that election.

Prothom Alo :

What is your opinion about BNP’s one-point movement?

Md. Momtazuddin Fakir: BNP has been carrying out the one-point movement for a long time. They even gave an ultimatum of toppling the government by mentioning the date. Public did not support it.

Prothom Alo :

International community including the US has been putting pressure regarding a free, fair and impartial election. How much pressure may it exert on the government or the economy of the country?

Md. Momtazuddin Fakir: The US delegation asked the prime minister whether the elections would be fair or not. The prime minister then clearly stated that the election will be fair and impartial. She is committed to this. The government is committed to conducting free, fair and impartial elections. So, there is really no pressure here.

Elections will affect the economy – the statement is not true. The country is now self-sufficient, not dependent on anyone. I don't think it will have any effect on the economy.

Prothom Alo:

The way the government is arresting the opposition leaders and activists or the allegation of cases filed for fictitious incidents - how do you see these as a lawyer? How are the police or the legal procedures working impartially here?

Md. Momtazuddin Fakir: In fact, there is no such thing as a fictitious  case in the eyes of law. In the years 2013 to 2014 and 2018, there were many incidents of arson, killing people by exploding petrol bombs and violence in different parts of the country. Many accused escaped on bail. They are being arrested from different places and are being tried.

This time also BNP and Jamaat (Bangladesh Jamaat-e-Islami) are inciting like before, and they are being arrested in those cases. This time too they killed people, hurled petrol bombs, set vehicles on fire - everyone saw them. These are direct criminal offences. Therefore, it is the responsibility of the state to bring the criminals to book and complete the trial as soon as possible.

If these accused are not arrested and brought to justice, then the impartiality of the police or judicial process will be undermined. One commits a crime and the crime goes unpunished - this can never happen.

Prothom Alo :

Thank you.

Md. Momtazuddin Fakir: Thank you, too.

* The interview was originally published in the print and online editions of the Prothom Alo and has been rewritten in English by Syed Faiz Ahmed