SCBA Election: ‘We don’t even consider it an election’

TDS: Why did so many incidents happen during the Supreme Court Bar Association polls this year?

Mahbub: Starting from the national election, the Awami League has destroyed each and every electoral system. Similarly, they have ruined the tradition of the SCBA election.

TDS: Why did so many complexities arise even after the formation of an election subcommittee?

Mahbub: Senior lawyer Munsurul Hoque Chowdhury's name came up as the convenor. He participated in the previous SCBA polls from the pro-AL lawyers' panel. However, we kept our faith in him because of his personality and honesty. They also agreed on his appointment. The seven-member committee was formed unanimously after picking three lawyers each from the camps of the pro-AL and pro-BNP lawyers.

Once the subcommittee got to work, the executive committee members went to Munsurul and told him that they would print the ballots. This job had been done by the electoral subcommittee since 1948.

TDS: You were not present there. What is the basis of your complaint?

Mahbub: Munsurul told me this later. SCBA President Md Momtaz Uddin Fakir told Munsurul in presence of me that he was "biased" and he was "showing favourism".

TDS: A views-exchange meeting was held with the subcommittee on March 12.

Mahbub: In that meeting also, Momtaz Uddin told Munsurul that he was "biased". During discussion on vote counting, Munsurul proposed counting ballots using machine. We said that we have no objection to this. But Mumtaz Uddin stressed that ballots should be counted manually.

As Momtaz Uddin kept on behaving badly withMunsurul, the latter said, "This is a voluntary job. You cannot humiliate me. If you continue behaving like this, I will step down."

Momtaz Uddin in reply said if he wanted to resign, he could.

Just a day before the polling, we came to know that Munsurul resigned.

TDS: Did the main problem start from there?

Mahbub: Let me clarify it. Had things happened as per rules, no complexities would have arisen. In such a situation, the decision should have been taken in a meeting of the 14-member executive committee as per rules. If the six-member committee was to continue discharging its responsibility, then the most senior person should have been made the convenor. But the chairman gave the responsibility to Muniruzzaman, who was the fifth among the six in terms of seniority.

As per rules, Muniruzzaman cannot be made the convenor. The decision was taken without holding any meeting of the executive committee and also without informing anyone. When we heard about his appointment, we went there and found him signing ballots. We saw three-four others stamping ballots. They were casting votes on the night before the polling day like what happened in the last national election. We challenged Muniruzzaman and asked him on what authority he was signing the ballots; and why votes were being cast.

Munsurul's name was printed on the ballots. But his name was being erased before those being stamped with the name of Muniruzzaman. After being challenged, all ballots were taken away. That very night, Muniruzzaman filed a case accusing me and several others.

TDS: Why were you trying obstruct the start of the polling in the morning?

Mahbub: On the polling day, we again challenged discharging of duties by Muniruzzaman as the convenor. When an argument was going on, scuffles took place four-five times inside the auditorium.

All of a sudden, Momtaz Uddin rushed out and brought in cops. Police came, but they didn't stay for long.

They again brought in police. This time several hundred cops entered the auditorium. They attacked the lawyers and beat them up, leaving many of them injured. Police attacked lawyers, both men and women. They even didn't spare the journalists. Police took control of the entire area and the voting began around 1:00pm.

TDS: Why did the police assault journalists?

Mahbub: Journalists were filming and taking photos of this illegal voting. They were beaten up and driven out of the SCBA premises to keep them from collecting any more information about the illegal election.

TDS: There are allegations that pro-BNP lawyers vandalised the marquee.

Mahbub: The general lawyers did this after being frustrated at so many irregularities in the election.

TDS: The election is over. What will you do now?

Mahbub: We don't even consider it an election. We filed a case against the police action. We met the chief justice regarding the election. He told us that he would discuss the issue with the attorney general. He mentioned it clearly that he didn't permit the police to enter the Supreme Court premises.

TDS: Who granted the permission?

Mahbub: Police filed a case in connection with the incidents of that day. In the case statement, they mentioned that they entered the electoral area on the Supreme Court premises following requests from Momtaz Uddin Fakir, Abdun Nur Dulal, Attorney General Abu Mohammad Amin Uddin and Law Minister Anisul Huq.

TDS: Can police do that?

Mahbub: They can't. Only the chief justice can give such an order. Because he is the custodian of the Supreme Court.

To read the full interview in Bangla, please visit https://bangla.thedailystar.net/news/bangladesh/news-464061