Permission for rally, not for hartal!

The constitution, though it is the supreme law of the country, is sometimes unable to guarantee people their fundamental rights if the government ignores the constitutional provisions. The government's refusal to allow BNP to hold a public meeting at Suhrawardy Udyan on Saturday is a glaring example of how ineffective the constitution has become in the face of government's arbitrary decisions.
Article 37 of the Constitution clearly states that citizens shall have the right to assemble and participate in public meetings and processions peacefully and without arms. This right, however, is not an absolute right. It can be restricted by a law imposed in the interest of public order or public health. But the restriction must be reasonable and not arbitrary. The way the government denied BNP permission has exposed the arbitrariness of the decision. The authorities failed to cite any credible reason in support of the decision. This is nothing but a clear abuse of power and disrespect of the constitution.
The BNP submitted applications to Dhaka Metropolitan Police (DMP) and Public Works Department (PWD) on October 29 seeking permission to hold the rally on November 8 and use loudspeakers at the venue. BNP Chairperson Khaleda Zia was supposed to attend the rally, which was to mark the “National Revolution and Solidarity Day.” But the DMP did not give the permission perhaps because government policymakers did not want BNP to hold their rally at the Suhrawardy Udyan. The DMP did not formally cite any reasons in support of its decision.  
The Daily Star contacted the DMP on Saturday to know the reasons. Deputy Commissioner (media and public relations) Masudur Rahman gave an evasive answer. He said the Suhrawardy Udyan was not under their jurisdiction. In his view, it was the PWD that gives permission for holding rallies there. The DMP ensures security if anyone gets permission to this end, but the BNP didn't get permission from them (PWD). The DMP spokesperson also said they told BNP that DMP was ready to ensure security if the party held the rally at any indoor venue instead of the Suhrawardy Udyan (The Daily Star's report on November 8).  
The Daily Star correspondent contacted BNP to verify the DMP's claim. What a BNP assistance office secretary said exposed the shallowness of our politics. In line with the DMP's advice, BNP approached the PWD for permission. The PWD asked BNP to take permission from DMP first. The police authorities also responded in the same way. In fact, the two government departments played a game with BNP to deny permission.
The DMP, however, had earlier given BNP permission to hold rally at Suhrawardy Udyan (on November 7 last year for example). The letter the DMP sent to BNP on November 6, 2013 clearly stated that “permission was granted” to hold rally at Suhrawardy Udyan and use of microphones was allowed. The police authorities, however, attached several conditions for holding the rally. The DMP also allowed Islami Andolon Bangladesh to hold rally at Suhrawardy Udyan the next day. Again, the DMP allowed BNP to hold rally there on November 22 last year. After giving permission, the DMP sent copies of the permission letter to some senior police officers concerned for taking necessary measures in this regard. But it didn't send a copy to the PWD! This means the PWD's permission is not needed by a political party to hold rally at Suhrawardy Udyan. However, the DMP, this time, banked on the PWD to deny permission.
This is not the first time the government has denied BNP permission to hold rallies. During the tenure of this government, BNP-led 20-party opposition alliance was refused permission nine times. The government could not achieve much by denying a political party and its followers their fundamental rights to assemble and to participate in the public rallies. Rather, it has set a bad precedent and contributed to making politics more confrontational. What will BNP do if it comes to power in future in response to all these?     
One of the interesting characteristic of our politics is that a party needs permission to hold a rally. But it does not need permission to call hartal! BNP was not allowed to hold a rally on November 8. But the Jamaat-e-Islami was successful in enforcing five days of hartal in a week from October 30 to November 6 to protest the court verdicts against its leaders. BNP, however, did not behave like Jamaat. The party did not go for hartal. It rather staged demonstration yesterday to protest the government decision not to allow it hold the rally. The BNP did the wise thing to counter the arbitrary behaviour of the government.   

The writer is Senior Reporter, The Daily Star.