Bangladesh News

Former premier and BNP Chairperson Khaleda Zia’s counsel yesterday told a court that they filed the writ petition not to obtain a political decision but to challenge the legality of the Election Commission’s (EC) letter to Maj (retd) Hafizuddin Ahmed asking him to represent BNP in the dialogue with the EC.

Khaleda’s counsel former attorney general AJ Mohammad Ali made this submission during the third day of hearing on a High Court rule regarding EC’s letter inviting Hafiz, the acting secretary general appointed by BNP standing committee, to represent BNP in the dialogue on electoral reforms.

During the hearing, the High Court bench of justices Mirza Hossein Haider and Mamnun Rahman told Khaleda’s counsel that if the court decides that issuing the letter to Hafiz was not legal then it will mean Khandaker Delwar is secretary general of BNP and if the court decided it was legal, then it will mean Hafiz is secretary general of BNP. The court asked Khaleda’s counsel if the court has jurisdiction to give any political decision.

Replying to the question Khaleda’s counsel said, “We are here [in the court] not for any political decision, we are here to challenge the Election Commission’s letter.”

Khaleda’s counsel said it would not have been objected if the EC issued the letter to BNP central office addressing secretary general of the party.

Citing BNP’s constitution, he mentioned that Khaleda Zia has absolute authority in the party. He said Khaleda is the only elected leader in the central body of the party, the rest are nominated.

Senior counsel for Khaleda advocate TH Khan was also present inside the court during the hearing while Dr Kamal Hossain was also present as counsel for the EC.

Hearing is to continue today.

On November 5 last year, the EC invited Hafiz to the dialogue scheduled for November 22. On October 29, BNP’s standing committee appointed M Saifur Rahman and Hafiz as acting chairman and acting secretary general of BNP.

Khaleda’s counsel argued that there is no provision for appointing acting secretary general in the BNP constitution.

On November 18, a High Court bench issued a rule on the commission, Maj (retd) Hafiz, six BNP standing committee members and the government, asking them as to why the EC’s invitation letter should not be declared illegal.

The commission issued the rule following a writ petition filed by Khaleda challenging the legality of the EC’s letter.

Khaleda, prior to her arrest on September 3, expelled Abdul Mannan Bhuiyan from the post of secretary general of the party and appointed Khandaker Delwar Hossain to the post.