It is a fundamental principle of justice that any person accused of a crime is considered innocent until proven guilty. This is to ensure the legal rights of the accused throughout a trial. The case of jailed BNP leaders Mirza Fakhrul Islam Alamgir and Mirza Abbas appears to be a contravention of that principle. Their bail petitions in a case filed over the December 7 clash between BNP activists and police have been rejected for the fourth time now.

As we know, since that clash, hundreds of leaders and activists of the BNP and its front organisations have been arrested. Mirza Fakhrul, the party's secretary general, and Mirza Abbas, a member of its standing committee, were arrested in the early hours of December 9, on charges of inciting violence. While these arrests follow the well-established political strategy of rounding up opposition activists after any clash, one expects the judicial process to follow its own course and take decisions impartially. However, the repeated denial of bail to Fakhrul and Abbas raises concerns about that process.

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To be clear, we're not commenting on the merit of charges brought against them. Their guilt or innocence is for the court to establish. But until that has happened – and so long as they're not flight risks, which they are not – they deserve to get bail like everyone else. Importantly, their names were not even in the First Information Report (FIR) of the case in which they were implicated, while two other BNP leaders – Amanullah Aman and Abdul Kader Bhuiyan – whose names were there in the FIR of the same case were already granted bail by another court. Why this discrepancy? Why different bail decisions in the same case? Are we to accept a breach of legal principles here, and presume them guilty until proven innocent? Who will account for the time they are kept behind bars if they are eventually proven innocent, or if this case drags on indefinitely, which most political cases tend to do?

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Pursuit of peace through violence?

We're talking about two top leaders of our main opposition party. Both are veteran politicians, hold high ranks in their party, and have had ministerial portfolios during BNP's last term in office. They are also reportedly sick, leading to the court directing jail authorities to provide them with proper treatment. Their social status and physical conditions alone would have merited a bail consideration. Unfortunately, in recent years, there have been many instances of bail denials in cases involving rival politicians and government critics. Should we see them as a mere coincidence, or is there any external influence behind such decisions?

We hope the judiciary will reconsider the bail petitions of jailed BNP leaders. It will only help its image and credibility among the public at a time when the judiciary is facing a challenge to establish rule of law amid a complex interplay of legal loopholes, institutional barriers, lack of resources, and intense political pressures that are making justice difficult to deliver. We hope it will rise to that challenge.

There is currently a huge Awami League-shaped hole in Bangladesh's electoral politics, so BNP trying to dive headlong into it comes as no surprise. Since Sheikh Hasina's fall on August 5, BNP has had to navigate a delicate tightrope—balancing its ambition to return to power with the pressure to support popular demands for state reforms. The party doesn't want to risk the ire of the very students that ousted its arch-rival, potentially putting it in pole position to win the next election. But reforms take time, something it doesn't have plenty of after nearly two decades of wait. And the grassroots are getting impatient.

"Impatient" is perhaps an understatement for what has unfolded over the past month and a half. A more fitting description would be a chaotic transformation of a party getting used to having things its way. As BNP-affiliated leaders, activists, and professional groups scramble to fill the void left by Awami League, we are getting an early preview of the making of another regime—and it's nothing short of disturbing.

For example, since August 5, at least 14 BNP members have lost their lives, eight of them in factional clashes. The most recent murder occurred on Friday in Chattogram's Changaon area, where a Jatiyatabadi Jubo Dal activist was fatally stabbed during a clash between rival factions. On the same day, heavy clashes between two BNP-linked groups in Chandpur left at least 30 people injured. On Sunday, a similar clash in Narayanganj left at least 12 injured, followed by another in Kushtia two days later, injuring 10 more. These violent power struggles, often revolving around the control of extortion rackets, have become disturbingly common. In that, the BNP grassroots seem to be re-enacting scenes from Awami League's time in power which, too, was plagued by factional infighting, with over 150 of its leaders and activists killed in mostly turf wars since the 2018 election.

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What politics for the new generation should look like

Over the past weeks, reports have also emerged of BNP leaders and activists taking over slums, footpaths, transport hubs, extortion rackets across various markets and informal businesses, and even former Awami League offices. Meanwhile, in the civil service, there have been allegations against BNP-affiliated groups trying to influence promotions, placements, public contracts, etc.

Officially, the party is against such practices. Tarique Rahman, the acting chairman, recently warned that BNP will not tolerate any reckless actions by "misguided" individuals that could harm "the trust and love" it has earned through "years of struggle, sacrifice, and perseverance." He urged party members to "identify and resist" those tarnishing BNP's image, emphasising its commitment to not only expelling such individuals but also taking "legal action" against them.

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Can a Third Way politics transform Bangladesh?

These warnings coupled with occasional disciplinary measures, however, have proven insufficient to deter errant party supporters, which suggests two things: either those were not strict or convincing enough, or the party is not trying hard enough. Both scenarios are likely in an environment of patronage politics that has long been the mainstay of our political culture. This system of patronage begins at grassroots with the capture of extortion rackets or other undue benefits by political thugs, and culminates with systemic regulatory capture by vested interest groups, all of which serves as an incentive for them to keep working for a party. Barring exceptions, the prospect or promise of mutual gain largely governs the relationship between major parties and their supporters.

BNP, for all its pro-reform posturing in the aid of the interim government, has yet to demonstrate a real willingness to dismantle this corrupt system. While, to be fair, it has shown some signs of remaking itself as a party with a more open political ethos, the revolutionary times that we are living through demand much more.

Ironically, Awami League's ouster through a bloody uprising has stripped BNP of two key advantages that it could have used in an election campaign: anti-incumbency bias, and public sympathy for the repression it had endured. In an alternate reality where those factors still mattered, BNP could have expected Gen Z—with no lived memory of its 2001-06 rule—to support it unquestioningly, and older generations to accept it as the lesser of two evils. The problem is, the new generation has shown a political maturity beyond their years, and to win them over, BNP now must offer something genuinely new.

Ironically, Awami League's ouster through a bloody uprising has stripped BNP of two key advantages that it could have used in an election campaign: anti-incumbency bias, and public sympathy for the repression it had endured. In an alternate reality where those factors still mattered, BNP could have expected Gen Z—with no lived memory of its 2001-06 rule—to support it unquestioningly, and older generations to accept it as the lesser of two evils. The problem is, the new generation has shown a political maturity beyond their years, and to win them over, BNP now must offer something genuinely new.

So far, it has been giving mixed signals. On the one hand, it acknowledged that repeating Awami League's mistakes could lead to the same fate for itself, stressing the importance of understanding the shift in people's mind-sets. On the other hand, it continues to call for elections as soon as possible. Its rhetoric surrounding the student-led mass movement, trying to co-opt it as its own, and its suggestion that long-term reforms should be left to an elected government also reveal glaring contradictions. Perhaps the army chief's recent statement—in which he vowed to back the interim government "come what may" to possibly ensure elections within the next 18 months—will prompt BNP to reassess its approach. While expecting an election roadmap is not unreasonable, it must lift its sights beyond its ambition and bring the reform drive to its own doorsteps.

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Reforms needed in political parties and the electoral process in Bangladesh

At 46, BNP is in need of renewal, and the sooner it realises this, the better. As the largest party in the country now, it has a responsibility not just to its leaders and activists but to the entire political landscape. To truly demonstrate that it remains in tune with the spirit of the mass uprising, BNP needs to lead by example and undertake the following initiatives.

First, it must help dismantle the patronage system by making it clear to party leaders and supporters that BNP politics will henceforth offer no undeserved benefits, and anyone using its name for such purposes will be met with swift punishment. Second, it should ask its loyalist groups within the civil service to stop influencing decisions, or risk being blacklisted. Third, it should establish a democratic, secular, and gender-inclusive party structure, and have a high-powered committee constantly check erosion of these values in party activities. Fourth, it should bring clarity on its finances by making the names of its donors public and conducting internal audits of assets held by party leaders. Fifth, it should control its grassroots leaders and activists, preventing infighting and any criminality through strict enforcement of disciplinary measures.

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A call to end the cycle of revenge politics

Sixth, it should comply with the Representation of the People Order (RPO) clause that prohibits political parties from having affiliated student or teacher organisations. Over the years, political parties, including BNP, have bypassed this law on mere technicalities, passing their student wings off as "brotherly" or "associate" organisations, thus enabling crimes and hegemonic practices that led not only to a deep distrust of student politics but also unimaginable sufferings.

There can be many other reforms that are necessary. What BNP can do to remake itself in line with the spirit of the mass uprising can be the topic of a discussion that the party should itself encourage for its own benefit.

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Just before the January 7, 2024 election, I wrote an article titled "Can BNP survive the pre-election meltdown?" amid heavy crackdowns by Awami League. I guess the question now is, can BNP fulfil the post-uprising expectations? After all, if political parties do not break free from their long-entrenched monopolistic and authoritarian attitudes, changing the constitution and implementing other state reforms cannot prevent future regimes from turning dictatorial again. BNP has a historic responsibility in this regard. 

Badiuzzaman Bay is an assistant editor at The Daily Star. 

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

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Coming a year before the general election, and nearly a year after the formation of the incumbent Election Commission, it is natural that the six by-polls held Wednesday would be viewed against the wider political backdrop. It was, therefore, frustrating to know how little things have changed, despite the relative lack of violence, which would have been something to look out for under different circumstances. It's quite evident now that any changes, or promises of changes, made over the past year or so only cemented the status quo, which doesn't bode well for our electoral future.

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Calling the by-polls 'free and fair' dims hope for 2024

If we're to pick a word to summarise the by-polls, it would be "absence" – absence of voters, absence of interest from the wider society, absence of strong safeguards against irregularities, absence of main opposition BNP, whose lawmakers' resignation from parliament had led to the by-polls. Voter turnout was poor in all the six constituencies. As per an estimate, only about 28 percent of voters showed up, in a trend that has been persistent throughout all local elections and by-polls held over the last few years. The predictable nature of election outcomes, and the lack of trust about the neutrality of responsible state departments, seem to have caused ennui and despair among the people.

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Two by-polls, 29 years apart – yet so similar?

It seems almost futile to ask why the Election Commission is failing to address voter apathy despite repeated appeals from election observers. The EC, after the latest by-polls, again stuck to its "peaceful and well-organised" narrative, even though we have received reports of various election-related irregularities from a number of constituencies. The EC's failure to recognise that the mere appearance of elections is not enough is really alarming. We need fair and participatory elections. And we need the EC to restore the trust of all voters and opposition parties alike.

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Will pre-election politics remain peaceful or become violent?

Another major concern about the by-polls is the "disappearance" of the main rival of the eventual winner in the Brahmanbaria-2 by-poll. This by-poll – which saw a voter turnout of less than 16 percent, the lowest of all constituencies – has been in the news ever since the winner, expelled BNP leader Abdus Sattar Bhuiyan, was backed by the ruling Awami League, which didn't field a candidate there. Abu Asif Ahmed, an independent candidate, has been missing for about a week now. Which makes us wonder: why is nothing being done to find him? What message does it send to the political opponents of the ruling party? And how long will the EC refuse to address the concerns of the opposition parties?

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Is the EC fighting an unwinnable war?

The culture of fear, distrust and criminality that still plagues our electoral system must be removed, and the ruling party must play a leading role in this. Lack of violence in one election means nothing given how political violence and repression continue to occur in every other sphere. If anything, the recent by-polls have shown that we have remained stuck in the same spot for too long, and the authorities must allow genuine reforms to break this status quo. They must help create a level playing field for all parties, and restore public trust in the function of the electoral system.

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.