Bangladesh News

The High Court (HC) yesterday paved the way for Election Commission’s dialogue with the Saifur-led BNP splinter group after it dismissed the petition of Khaleda Zia challenging the EC invitation to Hafiz for talks.

The HC did not make any decision as to which faction of BNP–the one led by the party’s detained Chairperson Khaleda Zia and the one led by M Saifur Rahman–is the mainstream of the party.

But the court said the EC letter inviting Maj (retd) Hafiz Uddin Ahmed as BNP representative for the dialogue was not illegal.

The HC discharged the writ petition saying it is not maintainable since the EC dialogue does not come under any legal bindings. The dispute centring the invitation letter is political which also does not come under the jurisdiction of the HC writ bench.

Interpreting the verdict, a few lawyers involved with the case said the EC letter to Hafiz is valid as the HC did not declare it illegal.

Meanwhile, Chief Election Commissioner (CEC) ATM Shamsul Huda yesterday said the EC might informally ask both feuding factions of BNP to settle their disputes and sit together in the dialogue.

“We will decide our strategy [regarding holding the electoral reform talks with the BNP] after we get a copy of the verdict,” the CEC told reporters at the EC office.

The HC division bench comprising Justice Mirza Hossain Hyder and Justice Mamnoon Rahman also said the court in its constitutional jurisdiction cannot deal with matters involving internal disputes between political factions.

Following the verdict, some BNP activists led by a few woman leaders chanted slogans on the court premises rejecting the HC verdict and against Hafiz and former secretary general Abdul Mannan Bhuiyan, leaders of the Saifur-led BNP faction.

Police dispersed the BNP activists who also brought out a small procession in a passage of the Bar building.

The court in its order said according to articles 118 and 119 of the constitution and the electoral law, there is no provision for EC’s holding dialogue with political parties.

If anything were said in the law on this matter, the court could have resolved where it deviates from the law, the court said, adding that according to article 102 of the constitution, the HC writ bench cannot adjudicate matters involving internal disputes of a political party.

The court also referred to the judgment given by the Appellate Division of the Supreme Court that the HC cannot take any decision on a matter involving politics.

Earlier on November 18 last year, an HC bench issued a rule on the EC, Hafiz and six BNP standing committee members, and the government, asking them to reply why the EC’s invitation letter should not be declared illegal.

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

On October 29, the BNP standing committee appointed M Saifur Rahman and Hafiz Uddin Ahmed as the acting chairman and acting secretary general of the party.

On November 5, the EC invited Hafiz to the dialogue slated for November 22.

But the EC cancelled its invitation after the HC had stayed operation of the letter. The stay came in response to a writ petition filed by Khaleda challenging the legality of inviting the Saifur-led faction to the talks.

After 10 days’ of hearing, the court on March 24 fixed yesterday for delivering its judgment.

In the case, advocates TH Khan and AJ Mohammad Ali appeared before the court as Khaleda’s counsels while Dr Kamal Hossain appeared for the EC, Dr Shahdeen Malik for Hafiz and Saifur, and Masood Reza Sobhan for Mannan.

After the HC verdict TH Khan told journalists that they did not challenge anything regarding politics but the legality of the EC letter to Hafiz.

“We had challenged the action of the Election Commission, but since Khaleda Zia is a former prime minister and a political figure, her case automatically became a political issue,” Khan said.

Replying to a question, he said, “We will decide about filing any appeal after discussing with persons concerned.”

He alleged that there is a conspiracy to destroy the BNP.

Welcoming the HC verdict, on the other hand, Dr Kamal said the writ petition was filed regarding BNP’s internal affairs. According to the jurisdiction of an HC writ bench, it cannot dispose the matter, so the court discharged the petition, he said.

Shahdeen Malik said the petitioner filed the writ petition challenging the legality of the EC letter but the letter did not appear illegal to the court.

The court mentioned that as there is no law regarding the EC dialogue it cannot be said that the commission violated any law, Malik said, adding, “It means the Election Commission’s letter was legal.”

He said matters relating to which faction of the BNP is bigger are subject to witness and proof and it cannot be disposed in a writ case.

CEC’S BRIEFING

Commenting on the HC verdict, CEC Huda said, “I think the verdict of the court has paved the way for them [the BNP factions] to forget the past and come together.”

The commission might informally talk with the two factions of BNP and ask them to resolve their disputes, Huda said when he was asked if the EC would take any initiative in resolving the differences between the factions.

“The country is going through a critical time. We want elections as soon as possible to return to democracy and to overcome the present crisis,” the CEC said.

About the tentative time of talks with BNP, the CEC said they needed some time to organise the documents for the electoral reform talks. Replying to a query, he said the EC would try to complete their electoral reforms dialogue with the BNP before the planned talks between the government and political parties.

Asked whether the EC would again encounter difficulties if the Khaleda-led BNP filed appeal against yesterday’s HC verdict, Huda said it would be very unfortunate if they do so.

The EC began electoral reform talks with political parties on September 12 last year. Ignoring the objections of Khaleda-appointed Secretary General Khandaker Delwar Hossain, the EC invited the Saifur-led faction of BNP to the reform talks by sending the invitation to Maj (retd) Hafizuddin Ahmed, the secretary general to the Saifur-led faction.

The EC’s electoral reform talks with the Saifur-led BNP could not be held on November 22 last year as the writ petition filed by Khaleda Zia prompted the HC to stay the operation of the invitation sent to Hafiz.

In February the EC completed its second round of electoral reform talks with 15 political parties except BNP since the matter was pending at the court.

The EC could not wrap up the talks within the timeframe specified in the electoral roadmap as it did not succeed in holding talks with the BNP.