বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (দ্বিতীয় খণ্ড)/২১২
| শিরোনাম | সূত্র | তারিখ |
| ক্ষমতা হস্তান্তরে কোন আইনগত বাধা নাই বলে এ, কে, ব্রোহীর অভিমত |
দি পিপল | ২৩ মার্চ ১৯৭১ |
NO LEGAL IMPEDIMENTS
IN POWER TRANSFER
-Brohi
Mr. A.M. Brohi has given his written opinion to the question whether there are legal impediments in the way of lifting Martial Law and transfer of power to the people despite the fact that at present the Constitution to be framed by the elected representatives of the people is not in existence.
The following is the statement given by Mr. Brohi on the above question:
“I have been asked to answer the question, viz, whether there are any legal impediments in the way of lifting Martial Law and transferring power to the people despite the fact that at present the Constitution to be framed by the elected representatives of the people is not in existence. The answer to this question purely from juristic point of view is that there are no legal impediments whatever. President Yahya who represents the Sovereign power in terms of which existing Constitutional dispensation is providing for the administration of public affairs in the Country is qualified to declare that he shall no longer exercise that will.
There is for us that historic precedent available in the Indian Independence Act. It will be recalled that before the Independence Act, British Power was responsible for providing Constitutional arrangements for the administration of public affairs in the country. On the eve of independence the departing British power enacted the Indian Independence Act thereby transferring powers to the two Dominions, namely Dominion of India and Pakistan and in the Indian Independence Act were contained the provisions in terms of which future governance of the country was to be carried on by the two Governors-General and the Dominion legislatures.
Provision was also made for the Continuance of existing laws till such time as new constitution in the two dominious was enacted. If we look at that Act and substitute “British Power” for Martial Law Power we would have a complete analogy for understanding the situation which has arisen in the Country. If a political decision to transfer power is taken then Martial Law can be brought to an end by enacting a sort of a self-efficacious decree to be signed by President Yahya whereby power can be transferred to the elected representatives of the people...........”