Two prominent legal experts have shared their opinions regarding the various facilities and benefits secured by Grameen Group institutions, founded by Dr Muhammad Yunus, during the tenure of the recently departed interim government.
Manzill Murshid
Senior Supreme Court lawyer Manzill Murshid stated that the fundamental spirit of our Constitution is that the state will be governed by the representatives of the people.
Consequently, those who govern must take an oath to ensure no conflict of interest arises between their personal gains and the interests of the country and its people.
"When someone conducts a business for profit, they do not need to take an oath regarding how much profit they make," Murshid said. "But when a person enters state governance or joins the government, they must take an oath. It is a condition for many government positions that one must relinquish any office of profit.
This is to ensure that you cannot use a government position or power for personal interest. That is the very purpose of the oath."
He explained that during the oath, the individual pledges to protect the Constitution and work selflessly for the country and its people, without favour or affection, malice or ill-will. This means no one can work for their own interest while in government; doing so constitutes an abuse of power.
Noting that even Members of Parliament must resign from offices of profit, the lawyer said, "Dr Muhammad Yunus held the highest executive office of the state. He sat there after taking an oath.
We have now learned of the list of activities he performed for his own interest while in that position. These have been, and continue to be, heavily criticised politically."
Murshid added, "Even while he was in power, many of us said he used the position of Chief Adviser for personal gain. Not only that, he became liable for a conflict of interest.
Through these actions, he violated his oath as Chief Adviser. Altogether, he deceived the people. Even his 'appointors' (the protesters) have said he betrayed them."
The legal expert continued, "As a lawyer, I believe that by reducing the government's share in Grameen Bank from 25% to 10%, he took steps against the people and the state. Through this act, he decreased public ownership to increase his own. He deceived me, you, and everyone.
This is a severe conflict of interest. The people placed him there to look after their interests, but he looked after his own, violated the oath, and breached the Constitution."
Murshid believes an elected government should cancel every act performed by Dr Yunus that involved a conflict of interest. "The current government might not cancel them because the election took place only after a verbal understanding with him.
Therefore, we do not know if his deeds will be nullified. If the government does not act, I believe citizens should raise this demand. Anyone can challenge his actions through the court. I believe, sooner or later, every issue will be challenged. It would have been better and faster if the government did it.
Thus, I call upon the government to cancel all his illegal and heinous acts of conflict of interest performed while sitting in the Chief Adviser's chair. If possible, legal action should be taken against him."
Explaining why these issues were not challenged while Dr Yunus was Chief Adviser, Murshid said, "The country was in an unstable situation then.
He had raised a force to create mobs. As a result, even the court could not show firmness at that time. If it had, the court might have been attacked—and it was. I believe someone will bring these matters before the court in the future."
Shahdeen Malik
Senior Supreme Court lawyer Dr Shahdeen Malik told the media, "According to Article 147 of the Constitution, no person shall engage in any office of profit while holding a constitutional position.
A Supreme Court judge cannot work in court by day and practice in a private chamber at night.
A President, after finishing his duties, cannot work as a cinema hall manager. By providing financial benefits to his own or his controlled institutions, Dr Yunus has violated Article 147 of the Constitution."
The legal expert added, "Dr Yunus may not be directly involved with Grameen now. But since our childhood, we have understood Grameen to mean Dr Yunus.
Grameen has many businesses, including telecoms, universities, and banks. Yunus was directly involved with many Grameen institutions at various times.
Even if not directly, the public perception is that he is taking benefits from here. He has performed an unconstitutional act, which we did not expect from a person of his stature."
Bd-pratidin English/ ANI
