Sunday, September 19, 2021
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Why Rohingya issue is not judicial prerogative

If you are a democracy, I hope that rule of law is one of the necessary concomitant, that flows with democracy, that is consistent with democracy and democratic values and constitutional values. Therefore, I just need to ask myself before a court of Law, Is my position wrong in Law? Is my position rooted in Law? Am I saying something that goes outside the four corners of the legal framework that applies to this issue? That is the only question that I need to escalate before the Supreme Court. Beyond that I don’t think I even need to look into anything at all.

In fact, one of the question before the Supreme Court in the Rohingya petition is – Can the Supreme Court at all interfere with this particular issue, for a good reason, it’s like this. So, in the US you could perhaps call it, Presidential prerogative or Executive prerogative, which is to say that there are certain aspects of policy, in which the Judiciary is not supposed to interfere, for the simple reason, that one – it may lack expertise, and two – not everything is necessarily open to judicial review. Some things are a matter of policy.

After all there are certain benefits that come, with coming to power and because you come to power, you have the right to implement your vision. You can call it imposing my vision but implement my vision. I have a clear manifesto, I have a clear agenda, I am pushing that agenda. So be it. If you have a problem, you will get it done in 2019. You answer then. Until then you will have to wait, until your turn comes. Please wait, you are not in power anymore. Therefore, if there is an agenda that is being pushed, you can only challenge it on legal grounds. Beyond that you really have no recourse at all. All your moralistic nonsense must necessarily find its way in the dust bin.

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