Jatiya Party leader Ruhul Amin Hawlader today filed a writ petition with the High Court challenging the Election Commission (EC) order that rejected his nomination on loan default ground.
Hawlader, a presidium member of JP and also a lawmaker, submitted the petition seeking HC directives upon the EC for accepting his nomination.
His lawyer advocate Ashik Al-Jalil told The Daily Star that the EC cancelled his nomination for Patuakhali-1 following a letter issued by the Bangladesh Bank stating that he is a loan defaulter of Shahjalal IslamiBank.
And Shahjalal Islami Bankhas allowed Hawlader to reschedule his bank loan but the EC did not considerthe matter when it heard the JP leader’s appeal filed challenging the rejection order of the returning officer, Jalil said.
The central bank has no authority to announce a person loan defaulter, the lawyer said adding that the bank which gives the loan only can declare a person loan defaulter. And Shahjalal IslamiBank has not declared Hawladeras a loan defaulter, he said.
Therefore, the EC’s decision to cancel his nomination is “illegal”, the lawyer added.
The HC may hear the petition later in the day.
Hawlader’s nomination was rejected by the returning officer concerned on December2 during scrutiny.
In a latest development, JP Chairman HM Ershad has made Hawlader his special assistant.
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UN Secretary-General António Guterres has called on all stakeholders to ensure an environment free of violence, intimidation and coercion before, during and after Sunday's general election in Bangladesh.
In the run-up to the polls, he said an environment free from violence would help enable a peaceful, credible and inclusive election.
In a statement yesterday, Stephane Dujarric, the spokesman for UN secretary-general, said, “All Bangladeshi citizens, including minorities and women, must feel safe and confident in exercising their right to vote. Civil society and electoral observers should be fully supported to play their role in the process.”
Ahead of the upcoming elections in Bangladesh, @antonioguterres calls for an environment free of violence, intimidation and coercion. All Bangladeshis, including minorities & women, must feel safe and confident in exercising their right to vote. full text: https://t.co/bMQIDBtozh
Guterres also reiterates the continued commitment of the United Nations to support a peaceful and democratic Bangladesh, it added.
The call for a peaceful and free, fair and inclusive election comes at a time when violence continues across the country before the 11th parliamentary election.
Last week, the UN said it is closely following the situation ahead of the polls in Bangladesh.
On December 10, Dujarric said, “We believe, as a matter of principles, that elections should be held in a positive climate, free from any sort of intimidation.”
In another development, the US yesterday expressed concern by the high level of campaign violence over the last two weeks.
Talking to reporters after a meeting with Chief Election Commissioner KM Nurul Huda at the Election Commission Secretariat, US Ambassador Earl Miller said he asked for this meeting because the US is concerned by the high level of campaign violence over the last two weeks, says an embassy statement.
All parties have been victims of violence, including minorities and female candidates. However, it appears opposition party candidates have borne the brunt of most violence, he said.
Miller added, “I appreciated the opportunity to consult with the Election Commission to see what plans it has to create a conducive atmosphere, so all Bangladeshis, no matter their political affiliation, feel safe to go to the polls on Sunday and cast their votes for the candidates of their choice.
“Bangladesh is rightfully proud of its democratic traditions, including elections where upwards of 70 percent of the electorate turns out to vote. In any democratic election there must be space for peaceful expression and assembly; for independent media to do its job covering electoral developments; for participants to have access to information; and for all individuals to be able to partake in the electoral process without harassment, intimidation, or violence.”
The US wishes all Bangladeshis a free, fair, tolerant and peaceful election day on Sunday, the envoy added.
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The families of two teenagers killed in Mohammadpur during a clash of Awami League factions ahead of the general election have been robbed of justice.
The family members of one of the victims said police submitted the final report in the case without talking to them. The report mentioned no clash even though it was widely covered by the media at that time. It termed the incident an “accident”.
Councillor Tarequzzaman Rajib of ward-33 also threatened the father of one of the victims not to file a murder case, they said.
A case was filed after the November 10, 2018, incident and the father of one of the teens was made the plaintiff.
The father maintains he did not file the case and that the signature on the case document could not be his since he is illiterate. He said Councillor Rajib put a gun to his head and told him to do as he said after the incident.
The families opened up to this paper only after Rajib was arrested this week.
On the morning of November 10, 2018, a procession of vehicles, largely comprised of flatbeds, with supporters of AL leader Sadek Khan was going towards the AL Dhanmondi office to buy nomination paper for Sadek’s candidacy in the polls.
Mohammad Sujon, 19, and Arif Hossain, 14, were on one of the pickup trucks when the procession was attacked allegedly by the men of rival AL leader and then lawmaker Jahangir Kabir Nanak.
During the melee Sujon and Arif fell off the vehicle and the driver, trying to avoid the brick chunks being hurled at the pickup, reversed and ran the two over, according to case documents, news reports, witness accounts, and statements of the families.
Sujan and Arif died in hospital.
Arif’s father Faruk Hossain was taken to a community centre in Mohammadpur when he was on his way to the hospital. He was confined there for 12 hours by Rajib’s men, Faruk told The Daily Star.
Late at night, Rajib, reportedly Nanak’s ally, at the community centre told Faruk to go to the police station to talk about getting the body of his son.
Faruk then went to the police station, gave his details, and told the officials there what he knew about the incident. He had no idea that police were filing a case making him the plaintiff. The police officials there asked him to identify the body at the Suhrawardy hospital, Faruk said.
On his way to the hospital from the police station, two men stopped him near Shia Masjid and took him to Rajib’s home.
Rajib told him at gunpoint to do as he said regarding the matter, Faruk told The Daily Star.
“You wouldn’t get anything if you file a murder case. Instead, you will be harassed and face the same consequences as your son. You are from Lalmonhon of Bhola and so am I. Do what I say. You will get a good compensation,” Faruk quoted Rajib as saying.
Faruk eventually identified his son’s body the next day.
Faruk said, “After the incident, I thought it was police who were the plaintiff in the case.
“This is my NID, sir. See, I can’t sign,” Faruk showed his NID to this correspondent which had his thumb print.
Faruk said not a single police officer talked to him about the investigation since then.
Sujon’s uncle Md Riaz told The Daily Star last night that the police never talked to them either.
He said councillor Rajib had promised them compensation and jobs for family members but he never delivered.
Sujon’s family did not know that the final report was submitted. They heard it first from The Daily Star correspondent.
After “investigating” the case for 11 months, police submitted the final report terming the incident an “accident”.
Police had arrested convener of Jubo League’s Adabar Thana unit Arifur Rahman Tuhin in connection with leading the attack but in the final report police said they found no evidence of Tuhin’s involvement.
Rajib, on behalf of then MP Nanak, had given Arif’s family Tk 30,000 and Sujon’s family Tk 25,000 as burial cost.
After the incident, AL General Secretary Obaidul Quader said the prime minister directed the authorities concerned to submit a probe report over the incident within two days.
Whoever is found involved would be given exemplary punishment, he had said, adding that the prime minister wanted to know “who destroyed the peaceful election environment”.
Sub-Inspector Mukul Ranjan of Mohammadpur police station, investigation officer (IO) of the case, said they submitted the final report of the case in the first week of this month as they could not find any evidence or witnesses.
Police also could not identify the pickup truck and its driver.
In the final report, police said the two factions of the ruling party came “face to face” near Mohammadi Homes Ltd on November 10 when the unidentified driver reversed in a hurry and could not see what was behind him. This led to the two getting run over.
The SI in his investigation found no evidence of the clash. He only said the two faction came “face to face”. The media, however, had extensive coverage of the incident.
They reported that the attackers, armed with hammers, sharp weapons and brick chunks, swooped on the procession of vehicles.
The IO said said Faruk did not know what had actually happened and had “filed the case” based on hearsay.
Taking to this newspaper, the SI claimed that he did not find anything in CCTV footage and no local wanted to be a witness.
Asked why the IO never contacted Faruk, the IO first claimed that he had contacted him but later said they could not reach him.
The IO claimed that Faruk had indeed filed the case.
At one stage of the conversation with this correspondent, the IO said he had written the final report with direction from a superior officer of Tejgaon Division Police.
Anisur Rahman, deputy commissioner (Tejgaon division) of Dhaka Metropolitan Police, told The Daily Star that he had no knowledge about the development of the case as he joined the division only a few months ago.
“I will have to see the documents,” he added.
In November last year, Nanak said he had nothing to do with the attack on the procession.
Sadek had said that he did not want to blame anyone and demanded a proper investigation.
The Daily Star could not reach Nanak and Sadek for comments over the last few days.
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The United Kingdom has urged the Bangladesh authorities for a full, credible and transparent resolution of all complaints related to the conduct of the December 30 general elections.
“While I welcome the participation of all opposition parties in these elections, I am aware of credible accounts of obstacles, including arrests, that constrained or prevented campaigning by opposition parties, and of irregularities in the conduct of elections on polling day that prevented some people from voting,” said British Minister of State for Asia and the Pacific Mark Field.
He came up with the comments in a press statement yesterday following the announcement of the unofficial results for the 11th Parliamentary Elections in Bangladesh.
“I deplore the acts of intimidation and unlawful violence that have taken place during the campaign period, and am deeply concerned by the incidents that led to so many deaths on polling day. My thoughts are with the families and friends of those who have lost loved ones,” the British minister said in the statement.
Terming free, fair, peaceful, and participatory elections essential to any functioning democracy, Minister Field said, “It is vital for the government and all political parties to now work together to address differences and find a way forward in line with the interests of the people of Bangladesh”.
Mentioning that the UK has a broad and important partnership with Bangladesh, and a significant Bangladeshi diaspora in the UK, Mark Field added, “We will continue to support the people of Bangladesh in their aspirations for a more stable, prosperous, and democratic future”.
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The High Court (HC) today dropped from its hearing list a writ petition filed by Jatiya Party leader Ruhul Amin Hawlader challenging the Election Commission's rejection of the appeal against cancellation of his nomination papers for contesting in the upcoming national election.
The HC bench of Justice Tariq ul Hakim and Justice MdShohrowardimade the petition “out of the list” as the judges did not find any reason for passing any order in favour of Ruhul Amin Hawlader, Deputy Attorney General Amatul Karim Sawpna told The Daily Star.
She said Hawlader, special assistant to the JP”s chairman, cannot take part in the December 30 election following the HC order.
Hawlader, however, can move the same writ petition before another HC bench for an order, DAG Amatul added.
Hawlader, a presidium member of the JP and also a lawmaker, submitted the writ petition on December 8 seeking HC directive on the EC to accept his nomination papers.
Talking to this newspaper, his lawyer Ashik-Al Jalil said the EC scrapped the appeal following a Bangladesh Bank a letter, which stated that Hawlader is a loan defaulter at the Shahjalal Islami Bank Ltd (SIBL).
Jalil said the SIBL allowed his client to reschedule the loans, but the EC did not consider the matter when it heard the JP leader's appeal.
The lawyer claimed that the central bank cannot declare a person loan defaulter because only the bank, which gives the loan, can do so.
As the SIBL has not declared Hawlader a loan defaulter, the EC's rejection of his appeal is illegal, Jalil added.
The JP leader's nomination papers were rejected by the returning officer concerned during scrutiny on December 2.
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The Daily Star has launched a new series of talk show ‘The Election Talks 2018’ where experts analyse all aspects of the upcoming general elections, contemporary politics, events and incidents.
In today’s episode chief editor of Ekushey TV Monjurul Ahsan Bulbul talks with the show host Journalist Golam Mortoza.
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