The Supreme Court (SC) today upheld a High Court order that disqualified seven candidates, mostly from BNP, from contesting in the general election slated for December 30.
Chamber Judge of Appellate Division Justice Md Nuruzzaman passed “no order” on separatewrit petitions filed by the candidates seeking stay on the HC order.
The six BNP candidates are: Fazlur Rahmanfor Rajshahi-1, Faridul Kabir Talukder for Jamalpur-4, Abdul Majid for Jhenidah-2, Abu Sayeed Chand for Rajshahi-6,Nadim Mustafafor Rajshahi-5 and Khandaker Abu Ashfaq for Dhaka-1.
The other candidate is Mahmud Hasan Suman (independent) for Myemensingh-1.
Following separate writ petitions,the HC recently stayed the Election Commission’s decision that allowed them to contest the election.
Writ petitioner’s lawyer advocate Shah ManjurulHaq told reporters that the candidates cannot run the polls following today’s order.
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There is currently a huge Awami League-shaped hole in Bangladesh's electoral politics, so BNP trying to dive headlong into it comes as no surprise. Since Sheikh Hasina's fall on August 5, BNP has had to navigate a delicate tightrope—balancing its ambition to return to power with the pressure to support popular demands for state reforms. The party doesn't want to risk the ire of the very students that ousted its arch-rival, potentially putting it in pole position to win the next election. But reforms take time, something it doesn't have plenty of after nearly two decades of wait. And the grassroots are getting impatient.
"Impatient" is perhaps an understatement for what has unfolded over the past month and a half. A more fitting description would be a chaotic transformation of a party getting used to having things its way. As BNP-affiliated leaders, activists, and professional groups scramble to fill the void left by Awami League, we are getting an early preview of the making of another regime—and it's nothing short of disturbing.
For example, since August 5, at least 14 BNP members have lost their lives, eight of them in factional clashes. The most recent murder occurred on Friday in Chattogram's Changaon area, where a Jatiyatabadi Jubo Dal activist was fatally stabbed during a clash between rival factions. On the same day, heavy clashes between two BNP-linked groups in Chandpur left at least 30 people injured. On Sunday, a similar clash in Narayanganj left at least 12 injured, followed by another in Kushtia two days later, injuring 10 more. These violent power struggles, often revolving around the control of extortion rackets, have become disturbingly common. In that, the BNP grassroots seem to be re-enacting scenes from Awami League's time in power which, too, was plagued by factional infighting, with over 150 of its leaders and activists killed in mostly turf wars since the 2018 election.
Over the past weeks, reports have also emerged of BNP leaders and activists taking over slums, footpaths, transport hubs, extortion rackets across various markets and informal businesses, and even former Awami League offices. Meanwhile, in the civil service, there have been allegations against BNP-affiliated groups trying to influence promotions, placements, public contracts, etc.
Officially, the party is against such practices. Tarique Rahman, the acting chairman, recently warned that BNP will not tolerate any reckless actions by "misguided" individuals that could harm "the trust and love" it has earned through "years of struggle, sacrifice, and perseverance." He urged party members to "identify and resist" those tarnishing BNP's image, emphasising its commitment to not only expelling such individuals but also taking "legal action" against them.
These warnings coupled with occasional disciplinary measures, however, have proven insufficient to deter errant party supporters, which suggests two things: either those were not strict or convincing enough, or the party is not trying hard enough. Both scenarios are likely in an environment of patronage politics that has long been the mainstay of our political culture. This system of patronage begins at grassroots with the capture of extortion rackets or other undue benefits by political thugs, and culminates with systemic regulatory capture by vested interest groups, all of which serves as an incentive for them to keep working for a party. Barring exceptions, the prospect or promise of mutual gain largely governs the relationship between major parties and their supporters.
BNP, for all its pro-reform posturing in the aid of the interim government, has yet to demonstrate a real willingness to dismantle this corrupt system. While, to be fair, it has shown some signs of remaking itself as a party with a more open political ethos, the revolutionary times that we are living through demand much more.
Ironically, Awami League's ouster through a bloody uprising has stripped BNP of two key advantages that it could have used in an election campaign: anti-incumbency bias, and public sympathy for the repression it had endured. In an alternate reality where those factors still mattered, BNP could have expected Gen Z—with no lived memory of its 2001-06 rule—to support it unquestioningly, and older generations to accept it as the lesser of two evils. The problem is, the new generation has shown a political maturity beyond their years, and to win them over, BNP now must offer something genuinely new.
Ironically, Awami League's ouster through a bloody uprising has stripped BNP of two key advantages that it could have used in an election campaign: anti-incumbency bias, and public sympathy for the repression it had endured. In an alternate reality where those factors still mattered, BNP could have expected Gen Z—with no lived memory of its 2001-06 rule—to support it unquestioningly, and older generations to accept it as the lesser of two evils. The problem is, the new generation has shown a political maturity beyond their years, and to win them over, BNP now must offer something genuinely new.
So far, it has been giving mixed signals. On the one hand, it acknowledged that repeating Awami League's mistakes could lead to the same fate for itself, stressing the importance of understanding the shift in people's mind-sets. On the other hand, it continues to call for elections as soon as possible. Its rhetoric surrounding the student-led mass movement, trying to co-opt it as its own, and its suggestion that long-term reforms should be left to an elected government also reveal glaring contradictions. Perhaps the army chief's recent statement—in which he vowed to back the interim government "come what may" to possibly ensure elections within the next 18 months—will prompt BNP to reassess its approach. While expecting an election roadmap is not unreasonable, it must lift its sights beyond its ambition and bring the reform drive to its own doorsteps.
At 46, BNP is in need of renewal, and the sooner it realises this, the better. As the largest party in the country now, it has a responsibility not just to its leaders and activists but to the entire political landscape. To truly demonstrate that it remains in tune with the spirit of the mass uprising, BNP needs to lead by example and undertake the following initiatives.
First, it must help dismantle the patronage system by making it clear to party leaders and supporters that BNP politics will henceforth offer no undeserved benefits, and anyone using its name for such purposes will be met with swift punishment. Second, it should ask its loyalist groups within the civil service to stop influencing decisions, or risk being blacklisted. Third, it should establish a democratic, secular, and gender-inclusive party structure, and have a high-powered committee constantly check erosion of these values in party activities. Fourth, it should bring clarity on its finances by making the names of its donors public and conducting internal audits of assets held by party leaders. Fifth, it should control its grassroots leaders and activists, preventing infighting and any criminality through strict enforcement of disciplinary measures.
Sixth, it should comply with the Representation of the People Order (RPO) clause that prohibits political parties from having affiliated student or teacher organisations. Over the years, political parties, including BNP, have bypassed this law on mere technicalities, passing their student wings off as "brotherly" or "associate" organisations, thus enabling crimes and hegemonic practices that led not only to a deep distrust of student politics but also unimaginable sufferings.
There can be many other reforms that are necessary. What BNP can do to remake itself in line with the spirit of the mass uprising can be the topic of a discussion that the party should itself encourage for its own benefit.
Just before the January 7, 2024 election, I wrote an article titled "Can BNP survive the pre-election meltdown?" amid heavy crackdowns by Awami League. I guess the question now is, can BNP fulfil the post-uprising expectations? After all, if political parties do not break free from their long-entrenched monopolistic and authoritarian attitudes, changing the constitution and implementing other state reforms cannot prevent future regimes from turning dictatorial again. BNP has a historic responsibility in this regard.
Badiuzzaman Bay is an assistant editor at The Daily Star.
Views expressed in this article are the author's own.
The Election Commission’s activities will determine whether BNP and its alliance will stay in the election race till the end, BNP Secretary General Mirza Fakhrul Islam Alamgir said today.
“The activities of the EC have been biased so far. If the commission wants, it can still create the atmosphere of a fair polls,” he told reporters in front of his Uttara residence this morning. The BNP leader was heading to Bogura and Rangpur for electioneering.
The BNP secretary general said, “The election has become questionable. The role of the EC and law enforcing agencies is not satisfactory at all.”
“BNP and its alliance partners had hoped that after army deployment the overall atmosphere would be improved and the election atmosphere would return but that has not happened,” Fakhrul said.
“The way violence is being carried out, opposition campaigns are being barred, which is not at all congenial for a fair election,” he alleged.
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Main opposition BNP today claimed that over 9,200 of its activists were arrested since the declaration of election schedule on November 8.
“Our activists were sued in 806 ghost cases since then,” Ruhul Kabir Rizvi, senior joint secretary of the party, said at a press conference at Nayapaltan.
He claimed, 12,588 activists of BNP and its alliance Jatiya Oikyafront were injured in 2,716 incidents of attacks throughout the country in the last 22 days.
So far, eight opposition activists have been killed in election violence, he added.
“The government is applying all its power to oust BNP and Jatiya Oikyafront from the election,” Rizvi claimed. “Our activists are targeted from rally footages.”
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We are concerned about the ongoing trend of political violence that has gripped the country in recent months. According to a report by the Human Rights Support Society (HRSS), at least 23 people lost their lives and 733 others were injured in over 97 incidents of political violence in March. Meanwhile, there were at least 40 cases of mob beatings resulting in 12 deaths and 44 injuries—some of which were also reported to have been driven by political motives and personal grudges. As for the parties involved in political violence, we are told that the majority of attacks were confrontations between rival factions of BNP activists. Of the 23 people killed in such violence last month, 18 were reportedly affiliated with BNP.
What has led to this surge in political violence? Why can't political parties control their errant members and establish discipline? The manner in which some of the attacks were carried out shows how out of control many political activists and leaders have become. On March 12, a BNP activist was killed during a clash at an iftar programme. Earlier, a BNP leader was beaten to death by his rivals right in front of his wife. It is clear that criminal elements embedded within some of the parties are feeling emboldened by the normalisation of such violence over time and the lack of legal or political consequences. This is unacceptable.
The BNP, in particular, must take responsibility for the surge in intra-party violence. Although it has expelled quite a number of party members for their involvement in violent incidents, these actions have proven insufficient as a deterrent. The BNP, therefore, must take stronger measures and send a clear message to all its members and supporters that any involvement in political violence will have immediate and dire consequences. Equally importantly, law enforcement agencies must act decisively to curb violence and refrain from favouring any party or individual while doing so.
All stakeholders of post-uprising Bangladesh should come together to help restore the rule of law. This means the police should act with greater resolve, political parties should take responsibility for the crimes of their members, and community and religious leaders should actively discourage mob violence. A new Bangladesh demands a new political expression that doesn't involve impulsive violence.
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With the national election still two weeks away, many national and international observers have already termed it as a farce or "staged election", and it is easy to see why. One of the key features of any election is the ability of voters to select the winner. If voters are not presented with any real options to choose from, then arguably the most important purpose of an election is defeated. That is why we saw the ruling party scrambling to field dummy candidates or bargaining with the Jatiya Party to make up for the absence of the BNP and other like-minded parties, thus giving the election some sort of legitimacy.
Let us not forget that the idea of fielding dummy candidates this time—we have, of course, heard about it in previous elections also—came from the very top of the Awami League. So, if the ruling party itself is offering voters the option to choose from either a candidate of the Awami League or a dummy, what real options do voters have? And what message are they to receive from the ones conducting this election—namely, the Election Commission—who, knowing this, is still going ahead with the election? Are people to believe that the EC is conducting it in the interest of voters? Of course not.
The EC asking the home ministry to take steps to prevent political rallies and processions of all kinds, except for electoral campaigns, from December 18 till polling day, also makes it complicit in suppressing protests against what a number of opposition parties see as being a farcical election. Interestingly, earlier on that same day, the Awami League's general secretary urged the commission and law enforcement agencies to take a strong stance against forces that the ruling party saw were against the elections—mainly the Bangladesh Nationalist Party. Such a step to stop political rallies and programmes, it can be argued, is unconstitutional, as it denies political parties in the opposition camp the right to assembly, the right to protest, the right to movement and the right to free expression.
As concerning as the use of such a tactic may be, it hasn't been the only one used to set up what seems to be a staged and one-sided election. Last month, The Guardian reported how Bangladesh saw "full prisons and false charges" due to the crackdown on the opposition. Following such "a ruthless crackdown on the main opposition Bangladesh Nationalist Party" in the run-up to the elections, it noted how few "believe the election will be free, fair or remotely democratic." This strategy, according to The New York Times, is leading to "Bangladesh's multiparty democracy…being methodically strangled in crowded courtrooms."
The expediated trials leading to the convictions of hundreds of opposition leaders and activists further validate such apprehensions. For example, on December 11, at least 42 BNP members and those of its infamous allies—Jamaat-e-Islami—were convicted in four cases. Between August-December, 961 opposition leaders and activists were reportedly sentenced to imprisonment in 62 cases in Dhaka. What makes these especially controversial is that convictions were apparently made without considering any independent witnesses or only with police deposition, and defence lawyers further alleged that less than half of the prosecution witnesses were heard. Furthermore, it must be noted that such speedy disposal of cases is unusual in a country where justice delivery has become particularly slow. This fact, and our previous history of witnessing politically motivated cases right before elections, indicate that opposition leaders are again being targeted and kept out of the electoral fray.
In that regard, the recent comments made by Awami League presidium member and agriculture minister Abdur Razzaque, that jailed BNP men were offered freedom if the party agreed to contest the polls, is telling. Although AL later tried to play it down and its general secretary said it was Razzaque's personal opinion, it lends further credence to the public perception that all these arrests and convictions are being made in trumped up cases for political reasons. Additionally, it raises two very important questions: 1) If we are currently in a situation where the ruling party can decide to arrest and release thousands of opposition leaders and activists, is it really conducive for a free and fair election? And 2) what has happened to the independence of the legal system?
Such an admission and the underlying state of affairs—for example, since 2009, 1,37,569 cases have been filed against 49,80,826 BNP leaders and activists—show that the Awami League is bent on ensuring its grip over power by using the full might of the state machinery. What is missing in all of this is the role of the citizens, who have all but lost their right to vote. As a result, government officials across the board are no longer accountable to the people and so, the people no longer have any say in how the state is being run, nor how the elections should be conducted. So, even though it's been the opposition that has mainly been on the receiving end of the government's high-handedness and the ruling party's vitriol, ultimately, it will be the general people who are likely to be the biggest losers of the elections.
Eresh Omar Jamal is a journalist at The Daily Star. His X handle is @EreshOmarJamal
Views expressed in this article are the author's own.
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আমরা যদি গণতন্ত্রে বিশ্বাস করি—যেটা সব রাজনৈতিক দল দাবি করে, তাহলে সামনের নির্বাচনকে বিশ্বাসযোগ্য করতে আমাদের অবশ্যই একসঙ্গে কাজ করতে হবে। আমাদেরকে এমন নির্বাচন করতে হবে যা জনগণ উদযাপন করবে এবং...
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