Writ seeks suspension of activities of 11 political parties including AL

Two writ petitions have been filed with the High Court seeking suspension of all "political activities" of 11 political parties including the Awami League and also the cancellation of the last three national elections. 

Three conveners of the Anti-Discrimination Student Movement - Hasnat Abdullah, Sarjis Alam, and Hasibul Islam - filed the petitions today (28 October), also asking why benefits illegally obtained by the individuals elected  through those three polls should not be returned.

Parties they named other than Awami League are Jatiya Party (Ershad), Jatiya Party (Manju), Ganatantri Party, Jatiya Samajtantrik Dal, Bikalpa Dhara Bangladesh, Bangladesh Tarikat Federation, Communist Party of Bangladesh (CPB), Liberal Democratic Party (LDP), Communist Party of Bangladesh (Marxist-Leninist) (Barua), and Socialist Party of Bangladesh.

In response to their inclusion in the petition, the LDP has called for an apology from the petitioners, the CPB said their mention may have resulted from a misunderstanding, and the Jatiya Party (Ershad) said they will address the matter through legal means. 

Advocate Ahsanul Karim, representing the petitioners, told reporters that a bench of the High Court is likely to hear the petitions Tuesday.  He said that they are seeking an interim order to suspend all political activities of these parties until the cases are resolved.

The International Criminal Tribunal (ICT) is currently hearing a case against the Awami League regarding allegations of genocide in July. In response to why a separate petition was filed, Karim explained that several distinct cases against the party are underway at the tribunal. 

However, he noted that the International Crimes Tribunal Act 1973 and its subsequent amendments do not specify penalties for political parties. 

"As a result, an interim order has been sought to suspend the political activities of the Awami League and the other 10 parties in light of the genocide allegations," he added.

Neither Sarjis nor Hasnat could be reached over phone for comments.

However, Sajis in a Facebook post wrote that two petitions have been filed. "The first one questions why the last three elections under the Awami League should not be declared void and why any unlawfully obtained benefits should not be returned. 

"The second petition requests that the parties be barred from political activities until the case is decided," he wrote. 

The post clarifies that the petitions do not call for the Awami League's ban or the revocation of its registration.

On 23 October, the interim government, however, imposed a ban on Chhatra League, student wing of the Awami League, citing provisions of the Anti-Terrorism Act.

In another post last night, Sarjis wrote he doesn't support mass arrests based on Chhatra League's ban.

'The court will determine' 

Supreme Court lawyer and Ain o Salish Kendra Chairperson ZI Khan Panna said anyone has the right to file a petition or lawsuit, but the court will determine its appropriateness for trial. 

He expressed disappointment that leaders of the Anti-Discrimination Student Movement have filed separate petitions at a time when efforts should focus on nation-building, instead of imposing bans on various groups.

Political analyst and author Mohiuddin Ahmed pointed out that decisions regarding political parties fall under the jurisdiction of the home ministry. 

Asked about the reactions of LDP and CPB, he added that the two parties in the list have historically aligned with the Awami League and may have shifted their positions for convenience.

"These two parties are unlikely to impact political unity in the post-July revolution era, as they have not yet become influential forces," he added.

What the petitions say

The first petition asks why the 10th, 11th, and 12th national elections should not be declared legally invalid and seeks to annul the election gazettes from 2014, 2018, and 2024.

This petition names the law secretary, Election Commission, National Revenue Board, Capital Development Authority, Bangladesh Road Transport Authority, and the 11 parties as respondents. 

The petition further requests clarification on why those who won parliamentary seats from these parties should not face charges of treason. 

It also seeks directives to revoke the allocation of plots to members of parliament who were elected in the three elections and to recover customs and tax benefits for vehicles.

The second petition says the 11 parties have engaged in indiscriminate killings, destruction of democratic institutions, and the unconstitutional usurpation of state power through illegal processes.

It wants to know why the court should not issue a directive to ban all political activities of these parties and prevent their participation in future elections.

What the parties say 

The Liberal Democratic Party (LDP) in a press release said Sarjis and Hasnat must apologise to party President Colonel (retd) Oli Ahmed.

It said that during the July-August movement, four LDP activists were killed, four were injured, and 15 were shot in the capital. 

It condemned the petition as unfortunate, arguing that the LDP has played a significant role in opposition to the Awami League over the past 16 years.

Mujibul Haque Chunnu, secretary general of the Jatiya Party (Ershad), told TBS that they see no reason to prohibit their political activities as they operate within the law and are registered with the Election Commission. 

He noted that while anyone has the right to file a petition, they will await the court's decision.

Ruhin Hossain Prince, general secretary of the CPB, told TBS that he was unsure if their party was named in the petition but saw no reason for its inclusion. 

He mentioned that a representative from the Anti-Discrimination Movement and Citizen's Committee expressed interest in holding a meeting with them to discuss their stance on the ongoing movement. It is scheduled for Tuesday noon.