The High Court (HC) today rejected a writ petition that challenged the legality of oath taking by lawmakers elected in the December 30 general election.

The court came up with the order saying that there is nothing illegal in taking oath taken by the lawmakers as they took charges of their offices on January 30.

The HC bench of Justice Sheikh Hassan Arif and Justice Razik-Al-Jalil passed the order.

Earlier on February 6, the court concluded hearing on the petition and fixed today (February 18) for passing an order.

On that day, AM Mahbub Uddin Khokon argued that oath taking by the lawmakers on January 3 was unconstitutional as the tenure of the 10th parliament expired on January 28.

“Therefore, there were two parliaments from January 3 to January 28 -- which is unconstitutional,” he told the court on February 6.

Attorney General MahbubeyAlamhad argued that as new lawmakers took charge on January 30, oath taking was not illegal.

Four university students remain missing since they were allegedly picked up by plainclothes men in the capital's Farmgate area on Saturday, the day before national election.

Their families yesterday held a press conference at Crime Reporters' Association Bangladesh, demanding safe return of the youths.

The missing are: Abu Khaled Mohammad Jabed, 25, a third year student of Bangla at Asian University; Borhan Uddin, 26, English student at Stamford University; Rezaul Khalek, 24, final year student of Pharmacy at Manarat University; and Syed Maminul Hasan, 27, former student of a Unani Ayurvedic Medical College.

“We are very anxious about their fate, as we have been out of contact with them for two days,” said Jabed's brother-in-law Yeasin Karim at the press conference.

He urged law enforcers to rescue the youths or to produce them before the court if they were detained for any crime.

Some plainclothes men identifying themselves as law enforcers dragged them out of a bus in Farmgate on their way home in Mirpur-1 after shopping at Aziz Super Market, Yeasin said quoting a friend of theirs who was also in the bus but escaped detention.

“We contacted local police stations and other wings of law enforcement agencies but all denied picking Jabed up,” he said.

The families drew attention of national and international human rights organisations to be vocal for their release.

Contacted, Abdul Baten, additional commissioner (detectives) of Dhaka Metropolitan Police said they did not detain the youths.

Mufti Mahmud Khan, Rab's Legal and Media wing director also said they did not carry out any drive in Farmgate on that day.

In the first parliament 45 years ago, none of the parties was recognised as official opposition due to their poor strength in the House.

The resounding victory of ruling Awami League-led alliance in Sunday's polls has diminished the scope for emergence of an official opposition in the new parliament.

The AL-led alliance together grabbed 288 seats out of 298 with the ruling party alone bagging 259 seats. The BNP-led alliance managed to secure only seven seats. [Election to Gaibandha-3 was rescheduled to January 27 following the death of a candidate and re-polling will take place in three centres in Brahmanbaria-2 on January 9.]

Against this backdrop, Jatiya Party may sit on the opposition bench in the new parliament to be formed with MPs-elect swearing in tomorrow.

The JP, a key component of the AL-led grand electoral alliance, emerged as the second largest party by obtaining 20 seats.

It needs at least five more to get official recognition as the opposition, according to the verbal directive given by Bangabandhu Sheikh Mujibur Rahman during a debate in the first parliament on April 12, 1973.

In the first parliamentary election held in 1973, the AL won 293 seats. The opposition parties -- Jatiya Samajtantrik Dal, Bangladesh Jatiya League, National Awami Party and others obtained only seven seats.

They extended their support to Jatiya League leader Ataur Rahman Khan and demanded that he be recognised as the leader of the   opposition.   

During the debate over recognition as opposition, Bangabandhu said a party could not be recognised as opposition if it did not have at least 25 MPs.

If any group has less than 25 MPs and at least 10 MPs, it can be termed a parliamentary group, not a parliamentary party, said Bangabandhu.

"The speech delivered by Bangabandhu Sheikh Mujibur Rahman is the only directive," wrote Khandaker Abdul Haq in his book "Parliamentary Practice and Procedure" published by the Jatiya Sangsad Secretariat in 2001.

"His directive has been derived from experiences of the Pakistan National Assembly and East Pakistan Provincial Assembly and it is consistent with the parliamentary culture of India and this sub-continent," wrote Haq, who was a senior official at the Parliament Secretariat.

If Bangabandhu's directive is taken into consideration, JP would need five more seats to qualify to become the opposition party in the new parliament. If JP is not the official opposition, none of its MPs could be the leader of the opposition.

The JP became the main opposition in the current parliament formed through the 2014 election, which the BNP-led alliance boycotted. It won 34 seats and its senior leader Raushan Ershad was recognised as the leader of the opposition with a status of a minister. Three JP MPs were also made ministers.

Their dual role has been criticised. The party could not play its due role as the main opposition in parliament in the last five years.

JP Secretary General Mashiur Rahman Ranga yesterday said his party would hold a joint meeting of the party's presidium members and MPs-elect today to decide whether it would join the government or sit on the opposition bench.

"We will also discuss it with the grand alliance," he said at a discussion at the party's Banani office.