CEC to file appeal against HC ruling tomorrow
He’s firm on preparing a new voter list; 2 Sr EC members oppose him
DURJOY ROY
The Chief Election Commissioner (CEC), on behalf of the Election
Commission (EC), is likely to file appeal tomorrow (Monday) before the Appellate Division
of the Supreme Court against the verdict of the High Court (HC) on preparation of voter
list for the forthcoming general election, disclosed sources at the EC.
The two other newly appointed Election Commissioners SM Zakaria and
Justice Mahfuzur Rahman, known to be well-disposed towards the CEC, may also file appeals
individually against the HC directives.
The aggrieved party is expecting at least a stay order from the Supreme
Court on the HC order so that the Election Commission can complete its ongoing works for
preparing a new voter list. EC counsel, BNP Standing Committee member and lawmaker
Kahndaker Mahabub Uddin Ahmed will file the appeal on behalf of the aggrieved party,
sources said.
EC sources said the Election Commission is constitutionally an
independent body. As per Constitution the EC is solely entrusted with the authority of
preparing the voter list and the High Court in its verdict has also observed the same. So
the High Court order on the issue of preparation of voter list lacks legal validity as
well as constitutionality, therefore the appeal of the CEC will pray to the Supreme Court
for contemplating the legal validity and constitutionality of the HC verdict, sources
said.
The decision of the EC meeting held on January 19 also said that
"two Election Commissioners SM Zakaria and Justice Mahfuzur Rahman and CEC Justice MA
Aziz opined in favour of an appeal to the Appellate Division of the Supreme Court of
Bangladesh to test legal validity and constitutionality of the judgement of the High
Court."
But two senior Election Commissioners Mohammad Ali and M Munsef Ali at
the meeting opposed the opinion for filing appeal before the Appellate Division of the
Supreme Court as they found the HC verdict has proper guidelines for determining the
future course of action of the Election Commission. They said the decision for appeal was
not the decision of the EC, rather it was the individual decision of the CEC and the two
newly appointed Election Commissioners.
The High Court in a verdict on January 4 directed the Election
Commission to prepare the voter list for the next general election on the basis of the
existing electoral roll. The High Court observed that Election Commission does not mean
only the Chief Election Commissioner (CEC), rather a composite body of three including the
other two Election Commissioners,
so the EC should discharge its responsibility unanimously or take decision on the basis of
consent by majority.
The High Court gave the direction while disposing of the writ petitions
filed by Awami League lawmakers Asaduzzaman Noor and Advocate Rahmat Ali on December 12
challenging the validity of the ‘unilateral decision’ of the CEC for preparing a
new voter list.
As the then two Election Commissioners of the three-member Commission
opposed the opinion of the CEC for preparing new voter list, it was not possible for the
CEC to continue the work of preparing the new voter roll for the lack of majority opinion.
Later the President appointed two new Election Commissioners so that the EC could prepare
a new voter roll.
Though the Election Commission has repeatedly been saying that the work
of preparing the new voter list is going on in full swing, it has come to a virtual
standstill after the HC ordered it to prepare the voter list on the basis of the existing
one.
Almost all the voter information workers and supervisors have stopped
their works for the lack of necessary directions from the Election Commission. Many voter
data collectors have stopped their works as the Commission has stopped supplying them
papers for information collection.
EC insiders said although after appointing two new Election
Commissioners the CEC is now cofident of achieving majority opinion at the EC meeting, he
cannot apply this power of majority consensus for preparing new voter list as the High
Court has ordered the EC to prepare it on the basis of the existing one.
The court in its directives said as the Election Commission,
constituted under Article 118 of the Constitution, is a composite and collective body
having power to discharge its function independently, it cannot take any any unilateral
decision. The decision shall be taken collectively or on the basis of consensus. In-house
disputes arising out of any matter should be settled internally.
Though the court order has asked to decide the course of action of the
EC following majority consensus, it did not say clearly whether it can prepare a new voter
list with majority opinion as the Electoral Act 1982 does not allow a new voter roll. That
is why, insiders think, the CEC needs at least a stay order or nullification of the HC
order so that he can take decisions with majority consensus through the EC meeting on its
activities as well as preparing the new voter list.
Sources said the CEC, now more confident as he is no more alone because
of the appointment of two new Election Commissioners, will stick to his decision for
preparing a new voter list. And he is going to appeal against the HC verdict so that no
more controversy arises about the decisions of the Election Commission.
Police, AL activists clash in city
3 newsmen among 12 injured
UNB, DHAKA
Police and Awami League supporters Saturday fought pitched battles
around the AL central office downtown Dhaka ahead of today’s opposition-sponsored
countrywide hartal, leaving dozens wounded in the widespread clash.
Witnesses said the law-enforcers used batons and fired several teargas
shells to break up a pro-hartal procession near the AL Head Office at Bangabandhu Avenue
in the afternoon. The clash erupted at around 4:00 pm and continued till 6 pm.
They said hundreds of helmeted police in full riot gear kept the Awami
League office and surrounding areas cordoned off, preventing movement of vehicles through
the busy Gulistan roadway junction. "Being beaten, angry opposition activists pelted
police with brickbats and burnt motor tires in the troubled areas," says a firsthand
report.
The list of injured people includes policemen and press photographers
who were on duty to cover the AL’s pro-hartal rally and procession.
The clash ensued when AL workers led by Dhaka City AL organising
secretary Haji Selim tried to bring out a procession from the party office to drum up
today’s dawn-to-dusk hartal. "As police intercepted, the clash broke out,"
says the spot report.
Awami League office alleged that police also entered the central office
several times and clubbed its workers "indiscriminately". Among the injured are
press photographers Indrajit of New Age, Jiban Ashish of Focus Bangla and Julhas of The
Independent.
UNB correspondent said Aminul Islam, Abu Saleh, Abu Taleb Sarkar,
Ferdous Mollah, Azizul, Azad, Shamim, Ashiq, Badsha, M Riaj, Bappi, Sheikh M Ali, Abdul
Mannan, Riazul Islam and Shahid were admitted to Dhaka Medical College Hospital.
Witnesses said one police officer and four other policemen were also
injured during the clash. One of them was known as Constable Sumon.
Police sources said that at least eight vehicles were damaged during
the raging violence.
An AL press release said that an "uncountable number" of
party activists were injured, including two senior Dhaka City Awami League leaders--Maya
Choudhury and Hazi Selim.
The main opposition party alleged that a band of "armed
pro-government activists led by City Corporation commissioner Choudhury Alam and police
forces conducted attacks on a peaceful procession".
4-party alliance will return to power: Saifur
UNB, MOULVIBAZAR
Jan 21: Accusing opposition Awami League of creating chaos in the
country by calling hartal and launching bomb attack, Finance Minister M Saifur Rahman
Saturday said the ruling 4-party alliance would return to power in the next general
election as people would foil their all ill-efforts.
"They have been on a movement and calling hartal against
preparation of electoral roll although there are rules to update the voter list after a
gap of few years," he said addressing a function organised on the occasion of laying
the foundation stone of newly formed Juri Upazila Complex in the district.
He said no government in the past could carry out such massive
development activities like the present one did in last four years.
Taking pride for the development activities in Sylhet division, he
said, "It was my initiative behind all the development works that have taken place in
the division."
About the national economy, he said the present economic condition of
the country is very good. "Investment and foreign exchange reserve have increased and
the stock market has seen a bullish trend. There has been unprecedented development in the
fields of education, health and communication," Saifur told the function.
The Finance Minister said the law and order situation in the country
has also marked a significant improvement due to the effective measures taken by the
government.
Appreciating the role of RAB in combating terrorism following the
recent countrywide bomb strikes, he however said, "There still remains a mystery to
involve madrasas with bomb terrorism."
Presided over by Deputy Commissioner Mohammad Yunusur Rahman, the
function was addressed, among others, by local BNP lawmakers Ebadur Rahman Chowdhury, MM
Shaheen, M Naser Rahman and former secretary AH Mofazzal Karim.
Over 50 wayside portals were made on the occasion of the Finance
Minister’s visit to the area.
Countrywide dawn-to-dusk hartal today
STAFF REPORTER
The Awami League led 14-party opposition combine will observe a
nationwide dawn-to-dusk hartal today to protest the appointment of two new Election
Commissioners and demand resignation of CEC Justice MA Aziz.
Soon after the appointment of two "controversial men," as
Election Commissioners, the liaison committee of 14-party alliance sat in an emergency
meeting on January 16, and chalked out a series of protest programmes including
today’s strike.
The opposition rejected the appointment, as they observed that the
appointment was nothing but a bid to avoid High Court’s verdict and further
politicise the election Commission for engineering the upcoming general election.
They termed the Chief Election Commissioner and the newly appointed
commissioners as activists of the ruling coalition who have been assigned to manipulate
the voter list and rig the next polls. Zaker Party has expressed its solidarity
AL won’t take any rash decision: Hamid
UNB, DHAKA
As Awami League Parliamentary Party meets after January 23 to settle
the crucial question whether to join or resign from parliament, Deputy Leader of the
Opposition Adv. Abdul Hamid said Saturday they would not opt for any reckless action that
may benefit the alliance regime.
"We can assure that we’ll not take any hasty decision that
might harm public interest or the oust-government movement and in turn give a walkover to
the regime," he told UNB in his parliament chamber.
Parliament sits on Monday, putting Awami League under tremendous
compulsion to say ‘yes’ or ‘no’ to this parliament in 13 working days
of the 20th session as opposition leader Sheikh Hasina’s seat would fall vacant if
she did not show up within the period.
"We’ve three options before us—to continue boycott, to
resign or to join," Hamid said, adding that ALPP would take up any of the three after
examining pros and cons of the decision and its political implications.
"We’re now in movement to unseat the government, and we will
take the decision that would contribute to that cause and protect people’s
interest," he said, adding: "we are in movement to seek government’s
resignation, not ours."
The deputy opposition leader apprehended that if they resigned, the
government would abruptly withdraw all police security of their leader and provoke bomb
attacks restricting her political activities. "Therefore, we must discuss all these
implications at the ALPP meeting that will be held after January 23," he said.
According to the parliament secretariat opposition leader Sheikh Hasina
has been absent from parliament for 77 days. Article 67 (1) (b) of the Constitution
provides that a member can remain absent without the leave of parliament for 90
consecutive sitting days. So, she has 13 consecutive session days left to touch the red
mark.
Opposition sources indicated that most of the 56 Awami League deputies
are in favour of returning to parliament in view of the overall situation.
In view of current political scenario, they may take a decision towards
joining the House unless any dramatic political development did take place in next couple
of weeks.
Mizan Chowdhury’s condition a bit better
UNB, DHAKA
Condition of Octogenarian politician, ex-Prime Minister and Awami
League leader Mizanur Rahman Chowdhury showed a little improvement yesterday (Saturday)
but remained critical at BIRDEM.
"He has been kept on artificial ventilation, in critical
condition," attending doctor Muhit told UNB at 8:20 PM.
Asked about his latest health conditions, the physician said, "He
suffered a cardiac attack yesterday, and he is a bit better today."
Since Chowdhury’s kidney is not functioning well, he is being
given dialyses.
"We can’t say his condition stable," Dr Muhit said,
adding that his sense diminished.
The seventy-nine-year-old Chowdhury was admitted to BIRDEM hospital on
January 5 with various health complications.
Hasina blasts police attack on AL men
UNB, DHAKA
Awami League President Sheikh Hasina strongly denounced
yesterday’s attack on her party activists by "police and ruling party men"
at the city’s Bangabandhu Avenue.
In a statement, the opposition leader said the people of this country
would pull down this autocratic regime through a united movement for its misrule.
"The Bangalees are always conscious about their rights. They
cannot be resisted by letting loose BNP armed terrorists and police," she said
administering a note of warning that this government would have to pay a heavy price if it
fails to read the pulse of the nation.
The AL chief demanded immediate arrest and trial of the armed attackers
and unconditional release of the arrested AL activists.
Hasina urged the people to get united and join the opposition’s
anti-government movement, and make Sunday’s countrywide hartal a success.
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