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.

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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Last December, BNP managed to create a strong momentum with successive divisional rallies, defying obstacles from the ruling party cadres and law enforcement agencies. But it lost that momentum when it tried to hold a rally in Dhaka. Since then, the party – which has been out of office for more than 16 years – has been trying to regain that thrust. This time around, BNP held a series of programmes around Dhaka and got some traction thanks to its supporters, leading up to its grand rally of July 28. The party was also able to hold the rally at its preferred venue, in front of its Nayapaltan headquarters. Tens of thousands of BNP workers joined in, defying myriad odds and obstacles. It turned out to be a mammoth rally and, encouraged by the turnout, BNP announced sit-in programmes at five entry points of the capital the very next day, presumably to cut off Dhaka from the rest of the country for several hours between 11am and 4pm. But the sit-in failed in the face of the ruling party's strong presence on the street and the aggressive attitude of the police. And again, BNP lost its momentum.

Since then, a few questions have been circulating in political circles: why did BNP go for such a programme? What did it achieve? And what will the party do now that the national election is just a few months away?

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For every rally, there is a counter-rally

After the announcement of BNP's one-point demand – resignation of the ruling government for a caretaker government to oversee elections – movement on July 12, the party took only 16 days to announce the sit-in demos. Coordination among the party fronts and associate bodies, which requires time, is imperative to make such ambitious programmes successful, but there seems to have been a lack of coordination among BNP leaders in this regard. Even some of the party's senior leaders were in the dark about these programmes till they were announced. The decision of a sit-in demo of such a scale, without much time on its hands, indicates that BNP was in a hurry.

There is no denying that the party has a strategy in place to achieve its goal of the next election being held under a nonpartisan, election-time government. But it seems that the plan may not be as well thought out as BNP supporters would like. The party's leadership felt charged up seeing the large-scale turnout in the rally, but they underestimated the government's strength and strategic abilities. This explains why BNP couldn't succeed entirely in its programme, and now seems to have backtracked from its tough stance. After the sit-in, the party announced demos in districts and cities across Bangladesh, which is a deviation from its Dhaka-centric plans. The lack of coordination and confidence in terms of holding large rallies and showdown-like programmes can demoralise grassroots BNP supporters, who are paying a high price for the erroneous judgement calls of the party's top brass.

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Can BNP really put up a good fight?

For the longest time, BNP has argued that the government and law enforcement agencies are obstructing their peaceful rallies, and the events which unfolded on July 29 has once again lent credence to their clams. The attack by ruling party men, in the presence of the law enforcement agencies, has laid bare just how "democratic" the government will be in the lead up to the elections. Of course, some BNP men did engage in violent activities during the sit-ins, but the previous programmes of BNP were largely peaceful, despite instigations. Either way, BNP knows that any violence from its own party will eventually work against itself. And this time, the party is being careful as it was accused of conducting arson attacks in 2013 and trying to sabotage the January 5, 2014 election.

Back in 2013, the party did not come up with alternative strategies when they saw that the blockades were not working. At least this time around, they have backtracked from their plans and proposed an alternative when they realised that the sit-in had failed. This could be interpreted as the party being more mature and wiser in its current decisions.

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What is the point of attacking BNP rallies?

BNP's real loss in all this was giving the upper hand to the ruling party. There was no doubt that the ruling party felt pressure, especially after the composed and largely organised grand rally. But the following day, when ruling party cadres were able to easily disperse the BNP demonstrators, it worked like a morale-boosting tonic for the former. They felt more confident about being on the streets and not giving anything away to the BNP. This was essential for the Awami League at a time when it seemed to be under pressure from different directions to hold a free and fair election. Now it remains to be seen whether BNP can once again revive their momentum and give the ruling party a run for their money.

Mohammad Al-Masum Molla is chief reporter at The Daily Star.