This week marks one year of the incumbent Election Commission (EC) in office, which also coincided with the National Voters' Day. Far from being an occasion for celebration, however, the reigning mood appears to be one of trepidation, with the general election less than a year away. The biggest worry is, will people again be denied the opportunity to exercise their franchise? As things stand, it seems unlikely that the EC will succeed in holding free and fair elections. Despite all the talk of creating a level playing field for the political parties, so far, it has failed to make any progress in that respect. The ruling Awami League has routinely gotten away with obstructing political programmes held by BNP in the most blatant of ways.

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EC in second year must do a better job

While demands made by the ruling party have been given priority over the concerns expressed by the opposition – for example, over the use of electronic voting machines (EVMs) – another factor that is of great concern is the negligible involvement of voters in the election process. Tussles between the main political parties have dominated the election narrative ever since this EC took over a year ago, just like they did during the tenures of the previous two ECs. And the role and space for voters have continued to shrink to historic lows. The appalling voter turnout in recent local elections and parliamentary by-polls illustrated the lack of confidence in the EC's ability – partly due to the partisan role of the administration and partly due to its own unwillingness to take firm action – to oversee a fair transfer of power. That, of course, should come as no surprise after what happened during the last two general elections of 2014 and 2018.

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AL needs to hold accountable its members

Besides the endless political controversies, harassment and intimidation of voters, denying them the chance to vote for their preferred candidates and, in some cases, forcing them to vote for specific candidates, fraudulent voting in secret booths, ballot-box stuffing, and many other irregularities during the last two elections have all but destroyed our democratic process, as well as voters' willingness to participate in such farcical exercises. Unfortunately, despite initial promise, the current EC has been unable to reverse that perception with its questionable handling of election-related irregularities. Many have rightly raised the question that if the EC cannot control the administration and law enforcement personnel during local elections, what hope does it have of doing so during the general elections where the stakes are much higher?

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Attacks on BNP are condemnable

The EC itself has done little to alleviate such concerns. And the recent statement by the chief election commissioner – that political parties should participate in the election of their own volition, as the EC cannot do anything more to persuade them – is deeply worrying. How can the EC expect that when the conditions it has created so far are nowhere near satisfactory? For the sake of our democracy – or whatever is left of it anyway – the EC must do more to fulfil its constitutional mandate. It must ensure that power is returned to the people after two controversial and largely non-participatory elections.

The government has turned down Khaleda Zia's family's application to allow her to be taken abroad for urgent treatment, which her lawyer and her party leaders have termed as a political vendetta. The government's reasoning, as explained by Law Minister Anisul Huq, was that the application, on which the government has suspended the jail sentence of Khaleda Zia and released her from jail on two conditions, has been disposed of and has become a "past and closed transaction." The minister also said that the decision to suspend her sentence was made under Section 401(1) of the Code of Criminal Procedure (CrPC).

This refusal to allow treatment abroad could not have come at a worse time, as the former prime minister's continuous illness has reached a critical stage, with life-threatening conditions. Besides, political distrust and division in the country over the coming election, too, have become highly charged. Against this context, it is hard to discard the notion that politics played no part in this decision from the government.

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‘Govt wants Khaleda dead’

It is still unclear what rekindled the hope of her family and party that the BNP chief's treatment abroad could be possible, despite the fact that several attempts in the past have been flatly rejected by the government, citing the same law and argument which the law minister has referred to in his latest legal opinion. Reportedly, Khaleda Zia told her partymen not to agree to participating in the next parliamentary election under the current government in exchange for her medical care abroad.

It, therefore, begs this question: was the life of a politician, of such stature, really made a bargaining chip by either of the parties? The question became even more pertinent when the law minister, responding to reporters' queries on September 24, said that the government did not receive any application from her family seeking permission to take her abroad.

It followed the government's decision to extend Khaleda Zia's conditional release from prison for six more months, based on a separate application filed on September 4. As a result of the law minister's suggestive remarks that the family had not sought permission for her treatment abroad, Khaleda's younger brother Shamim Iskander made another application on September 25 seeking the required approval.

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Khaleda has to return to jail first if she wants to go abroad for treatment: PM

Should we believe that the issue of seeking permission afresh was brought about simply to humiliate the political opponent by reminding them of how "powerless" they are? Questions may also arise about whether the arguments of considering the petition "disposed of" and "a past and closed transaction" are tenable.

It is often said that the law will take its own course. But examples are plenty to prove that the incident at hand was simply political rhetoric. If someone compares the fate of the 78-year-old former prime minister with that of some other politicians, such as Jatiya Samajtantrik Dal leader ASM Abdur Rab, the irony becomes evident. The JSD leader was allowed to go to then West Germany for treatment while he was serving his prison term awarded by a martial law court. Another politician, Haji Mohammad Selim – who belongs to the ruling party – was not barred from travelling to Bangkok for his treatment despite being convicted and ordered to surrender, and having had a record of fleeing the country during the tenure of the caretaker government between 2006 and 2008.

Law Minister Anisul Huq said, "Once an application is disposed of under Section 401 of the Criminal Procedure Code (CrPC), there is no scope to reconsider it under the law." Many other jurists, however, do not agree with his interpretation of the law as there is nothing that bars the government or limits its authority to reconsider its decision. Every law is subject to interpretation, and there are variations in interpretations. Among these variations – except the court's interpretation – some are known as literal, and some are mischievous or intended to create mischief.

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Khaleda Zia in politics: Missed chance for BNP?

Amid the contested claims by the government and by BNP, it would be better to read Section 401 of the CrPC and draw one's own conclusion. Under the title "Power to suspend or remit sentences," the law states in Section 401(1), "When any person has been sentenced to punishment for an offence, the Government may at any time without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced."

Additionally, Section 401(6) says, "The Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with." As the literal meaning of the rule is far from convincing, it would be wiser for the government to reconsider its decision, which may help improve the current political environment in the country.

Kamal Ahmed is an independent journalist. His X handle is @ahmedka1

Views expressed in this article are the author's own.

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We are heartened by the message given by BNP Secretary General Mirza Fakhrul Islam Alamgir who, in an interview with the UNB news agency, voiced support for Awami League's right to exist as a party and participate in elections. "Why should the Awami League be excluded from the polls if we truly want democracy? If an old political party like the Awami League wants to participate in the polls, people should have the chance to determine their fate," he said. He also suggested that the tendency to ban parties from the political processes comes from a "flawed" understanding that is neither right nor practical, referring to past attempts in Bangladesh and elsewhere.

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BNP faces the weight of history and expectations

This is a refreshing gesture that contrasts sharply with the deeply entrenched culture of exclusion and political revenge that has long characterised our politics. One may recall how ruling parties in the past, not excluding BNP, often used state machinery and bellicose rhetoric to undermine opposition voices. In fact, it was Awami League that led a sustained campaign of political subjugation throughout its 15-year rule. It is too early to say if BNP's public support for Awami League's democratic rights means the beginning of a departure from that tradition. But its message of inclusivity and reconciliation is something that the country needs at the moment.

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Can a Third Way politics transform Bangladesh?

That said, we do hope that BNP will take this positivity beyond public statements. To truly fulfil the democratic aspirations of the people and credibly support the ongoing reform drive by the interim government, it is crucial that political parties embrace internal reforms to help crystalise their visions for the country. Because, without building a political system that is responsive, accountable, and reflective of people's desires, state reforms—no matter how radical—cannot bring about much change. And BNP, as the leading party in the country now, has a major role to play in this.

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Reforms needed in political parties and the electoral process in Bangladesh

BNP has yet to share a roadmap for internal party reforms in tune with the spirit of the mass uprising. Since August 5, we have come across multiple reports on how BNP-affiliated leaders, activists and professional groups attempted to take over various establishments, businesses, and sectors formerly occupied by their Awami League counterparts, fueled by their confidence that the party is returning to power. That is a troubling development, mirroring corrupt and authoritarian tendencies from the past. The challenge for BNP then is to differentiate itself from the regime it helped to topple, which it can do by undertaking internal reforms and building a political consensus for the broader changes necessary to strengthen our democratic institutions.

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A call to end the cycle of revenge politics

Ultimately, its ability to embrace and implement political reforms will be the true test of its commitment to a better, more democratic Bangladesh. That goes for all other political parties as well.

After having weathered a difficult 15 years in the opposition camp, it is natural that there would be chaos in a big party like BNP as it goes about reorganising its house with an eye on the next election. But after over two months since the fall of Awami League, BNP still seems nowhere close to establishing internal discipline. Rather, reports of widespread extortion, infighting, and other illegal and unruly activities by party members are overshadowing its pro-people messages to become the dominant narrative surrounding the party. If morning shows the day, then critics are perhaps right to wonder if a BNP regime would be significantly different from the one it helped to oust.

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BNP faces the weight of history and expectations

This concern has again come to the fore after a report by Prothom Alo revealed how two BNP leaders, including the convener of BNP's recently-dissolved Dhaka North unit, have taken over extortion operations at key transportation hubs in Dhaka, including the Mohakhali bus terminal, where over a million taka is allegedly collected every day. After August 5, they took control of the Dhaka Road Transport Owners' Association. They also established control over local businesses and even mosques in areas previously controlled by Awami League's inner circle. At the terminals, extortion is taking place in various forms, such as charging fees for using illegally set facilities like toilets and showers, entry or exit fees for long-distance buses, etc. Clearly, little has changed in terms of abuse of power after the regime power.

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BNP must control errant party activists

This is despite what appears to have been a large-scale purge within the party. To date, according to another report by Prothom Alo, some 1,023 leaders have faced various disciplinary actions over the past two months—with 523 receiving show-cause notices, 437 expelled, 24 suspended, 35 warned, and four served notice for breaching party discipline. There have been even instances of dissolution of entire committees. Despite all such measures, the persistence of unruly activities by party members points to deep-seated structural issues within the BNP that need to be resolved first.

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Stop political capture of the public sector

The time has come for a critical rethink by the BNP leadership. They must recognise that the stakes now are higher than ever. If BNP cannot get its house in order, it risks alienating not just the reformists within the party but the broader population who expect real change after decades of political instability and corruption in the country. So, besides ensuring sustained disciplinary actions, BNP must find out what's emboldening errant party members and undertake comprehensive reforms by placing ethical and democratic conduct at the heart of its operations.

The recent killing of a Jubo League leader in Natore, allegedly by BNP-linked men, serves as another grim reminder of the cycle of political retribution that has followed the fall of the Awami League regime, in what appears to be a tit-for-tat response to how Awami League had treated BNP and its affiliates while in power. According to a report, the victim, Saidur Rahman Babu, succumbed to his injuries on Wednesday after a brutal assault. He had been in hiding since his home was attacked on August 5, but on October 30, he was caught by his assailants, tied to an electric pole, and beaten with sticks and iron rods. Saidur's family accused Kabir Hossain Kangal, a Jubo Dal leader, of leading the assault and previously demanding Tk 5 lakh in exchange for his safety.

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BNP faces the weight of history and expectations

These vengeful incidents are showing little sign of abating even after three months. It's quite frustrating for those who had expected the culture of political repression to end with the end of an autocrat's rule, paving the way for a politics that truly serves public interests. The ongoing violence and harassment targeting the once-ruling camp raise concerns about a likely resurgence of authoritarianism under different banners. Almost every day, we get to see some troubling sign of authoritarian tendencies—murder, vandalism, threats, opportunistic extortion, forced takeover of properties, frivolous lawsuits, etc. Data from the rights group Manabadhikar Shongskriti Foundation (MSF) also reflects the persistent nature of these politically motivated crimes, with at least 12 fatalities in October, nine linked to Awami League alone.

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A call to end the cycle of revenge politics

This, on a broader level, aligns with how political parties that were part of the AL-led 14-party alliance are being targeted, with a report by this daily revealing that many party offices were vandalised, abandoned, and even repurposed. Some public outbursts towards these parties were expected because of their role over the past 15 years, and particularly their complicity or silence during the brutal killings of students and other ordinary citizens during the July-August uprising. But what's happening now seems more politically designed, which is concerning.

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BNP’s unfolding strategic stance: Straddling the aftermath of a revolutionary ‘event’ and realpolitik

We, therefore, call on the interim government and leading political parties to break this cycle of retributive violence. The BNP secretary general on Thursday said that party leaders and activists have "taken a fresh vow to resist hegemonic forces" and safeguard democracy. We appreciate the gesture but would like to see matching actions on the ground. Political parties, including BNP, that once suffered heavily during Awami League's rule must ensure that they don't end up repeating its wrongs. The onus also falls on the government to establish accountability of the excesses being committed, particularly by ensuring thorough investigations and fair trials for all political killings as well as punitive action against anyone committing or inciting political violence.