NDSC extends next six months of State of Emergency as per consents of Attorney-General and Constitutional Tribunal
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Tun MT (NP News) - Feb 1
The #National_Defence_and_Security_Council meeting was held yesterday (January 31) in Naypyidaw and extended the State of Emergency next six months in accordance with #Section_425 of the #2008_Constitution, in fact, with agreements of the Attorney-General and the Constitution Tribunal, from the legal point of views.
Yesterday’s NDSC meeting invited the Union Attorney-General Dr. Thida Oo as a special guest.
Acting President Myint Swe, Pyithu Hluttaw Speaker T Khun Myat, Commander-in-Chief of Defense Services Senior General Min Aung Hlaing, Deputy Commander-in-Chief of Defense Services Vice-Senior General Soe Win, Union Minister for the Ministry of Defence General Mya Tun Oo, Union Minister for the Ministry of Home Affairs Lieutenant General Soe Htut, Union Minister for the Ministry of Foreign Affairs Wunna Maung Lwin, Union Minister for the Ministry of Border Affairs Lieutenant General Tun Tun Naung, Secretary of the State Administration Council Lieutenant General Aung Lin Dwe, Joint Secretary of the SAC Lieutenant General Ye Win Oo, and Attorney-General Thida Oo attended the NDSC meeting.
During the meeting, all members highlighted and agreed that the country hasn’t yet restored normalcy. Utter devastation, instability and unrest, and extrajudicial killings by the PDFs and NUG/CRPH exist at the center of the present situation of ‘ANOMALOUS situation’ of the country, which, as a matter of fact, are the main barriers to convening the FREE AND FAIR ELECTION.
The Commander-in-Chief of the Defence Services Senior General Min Aung Hlaing suggested that the upcoming election should be convened at least in 50% of all constituencies so that it will be met with the rule that the first day of all Hluttaw sessions in all Union level Hluttaws or State/Region Hluttaws must be attended at least 50% of all seats. Therefore, more time is needed to fulfill the necessary tactics for all security, peace, and political concerns.
The Union Attorney-General Dr. Thida Oo agreed that the country hasn’t been back to its normal situation. She underlined that the idea of the Spirit of Law has to be considered in the matter of legal provisions.
Section 425 of the Constitution states: “The National Defence and Security Council may, if the Commander-in-Chief of the Defence Services submits the extension of the prescribed duration by giving reasons why he has not been able to accomplish the assigned duties, on the expiry of the term of the Pyidaungsu Hluttaw, NORMALLY permit two extensions of the prescribed duration for a term of six months for each extension.”
The Pyithu Hluttaw Speaker T Khun Myat proposed to get comments and consensus from the Union Constitutional Tribunal with regard to Section 425’s ‘NORMALLY’ and the country’s current anomalous situation to be taken into account.
Acting President Myint Swe demanded the Union Constitutional Tribunal to provide remarks on Section 425’s word ‘NORMALLY’ and the country’s current anomalous situation.
According to the Myawaddy TV News, the Union Constitutional Tribunal replied its feedback on January 31 after the NDSC meeting was held. The Union Constitutional Tribunal remarked that the Commander-in-Chief has not yet finished the assigned task under the State of Emergency. Therefore, the CIC’s request to provide additional time to restore the country to normalcy is reasonable. According to Section 425 of the Constitution, the NDSC has the right to extend the State of Emergency six months per time as long as the country hasn’t back to the REGULAR CIRCUMSTANCES. It is in line with the Constitution as per legal terms.