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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Firstly, I find it impossible to call what's happening on January 7 an election in any way. People already know who will occupy government positions, who will sit in opposition, and even who will win which seats. An election without uncertainty, where people lack the power to determine their representatives through voting, is a mere facade of an election.

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What comes after January 7?

Secondly, the voters do not have any real choice. Whether you pick candidates from Awami League, independent candidates (who are really representing AL in disguise), AL ally Jatiya Party, or candidates from any of AL's partner factions, it all leads to the same outcome: an Awami League dominance. Without options for voter representation, the January 7 event cannot be termed an election.

Thirdly, the escalating violence leading up to election day within Awami League factions in about every constituency paints a terrifying picture. I wonder, if this trend of violence continues, whether the drama staged to take place on the 7th will even be possible to conduct.

We already know that only a small group of experts will observe the election and that most major countries will not send their observers. International media outlets have already labelled this election as a "one-woman show" and a "one-horse electoral race."

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‘Why would Awami League need to resort to rigging in this scenario?’

Considering everything, I see no reason to call this an election. It's a pre-written affair, and the public will bear the brunt of its outcome. Bangladesh's economic crisis will worsen, and the suffering we are already enduring will only be amplified in the future.

Rumeen Farhana is barrister-at-law and former whip of Bangladesh Nationalist Party.

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

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The enormous sacrifices made during the July-August uprising have created a historic opportunity for Bangladesh to reshape its political landscape, strengthen institutions, and ensure accountable governance. However, as the months trickle by and the interim government faces various challenges, a critical question has emerged lately: should the desired reforms precede elections, or should an elected government take the reins of reform implementation? Recent statements by government officials and political leaders indicate a divide that must be bridged for the sake of the nation.

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Politics, patience and people’s mandate

At a two-day event in Dhaka recently, several government advisers weighed in on the issue, emphasising the need for reforms as well as consensus. In his address, Chief Adviser Muhammad Yunus affirmed that preparations for reforms and elections would proceed simultaneously, suggesting that reforms without consensus and elections without reforms would be counterproductive. Currently, 15 reform commissions are working on proposals expected to be ready by January. Adviser Mahfuj Alam, in his address, stated that consultation with all stakeholders, including political parties, would determine the nature and extent of reforms. "We need agreement on how much reform is possible and whether a legal framework can ensure that future governments continue these initiatives," he said. Meanwhile, Adviser Syeda Rizwana Hasan warned that political stability will not be achieved if we falter on the issue of reforms.

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Election in first half of ’26 is not unreasonable, but Dec ’25 is doable

Meanwhile, BNP has insisted that elections and reforms should progress in tandem. Senior leaders, including Mirza Fakhrul Islam Alamgir and Ruhul Kabir Rizvi, have expressed concerns that prioritising reforms over elections could stall the democratic process. Rizvi, speaking at a separate event, was particularly critical, claiming that proponents of a reform-first approach harbour "evil intentions" by suggesting that political parties' push for a democratic transition equates to opposing reforms. He underscored the urgency of restoring power to elected representatives, who could then implement reforms with a popular mandate.

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How election can be a tool of accountability

We must say that both sides have points that are valid, and not necessarily contradictory. The government's emphasis on implementing some reforms before elections reflects the understanding that a broken system cannot deliver on people's aspirations. Without addressing systemic flaws—such as the politicisation of state institutions, the erosion of rule of law, economic disparities, etc—elections, no matter how well-conducted, risk perpetuating entrenched power structures. On the other hand, delaying elections excessively risks creating a perception of authoritarian drift as well as alienating those eager to exercise their voting rights.

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The case for internal reforms within political parties

So, how can we bridge this gap? Through dialogue and compromise, of course. Both camps must find common ground in their positions, tempering their adversarial tones to prevent the ongoing reform drive from being questioned or derailed. That said, the sacrifices of July-August demand more than short-term fixes or a partial democratic transition. Proper reforms are crucial not just for safeguarding the gains of the uprising but also for ensuring that future governments operate within the desired framework of accountability.

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A turning point or a missed opportunity?

We, therefore, urge political parties to engage in the reform process in good faith, ensuring that their push for elections aligns with the broader goal of strengthening democracy. At the same time, the interim government must address the scepticism about its reform agenda, demonstrating its commitment to meaningful and inclusive change. Only through a collaborative approach can the reform vs election debate be resolved.

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 January election has been the centre of attention for well over a year now. Everyone was curious how this edition would eventually pan out, especially whether BNP would finally be able to pressure the government into forming a nonpartisan election-time government, which is difficult, if not impossible. Some were just excited about the possibility of voting and it actually counting, unlike the last two elections. However, with BNP's boycott confirmed and seats distributed among Awami League's alliance, the results are almost a foregone conclusion.

Brig Gen (retd) M Sakhawat Hussain, former election commissioner, said this election is essentially a quest for an opposition party (read opposition in parliament). Although 27 parties are contesting in the polls, the search for a viable opposition remains the most prominent feature. The situation is so obvious that even someone without much political insight can predict that the ruling AL will form the next government with an absolute majority.

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Youth depression is a symptom of broader societal malaise

So, when the results are a foregone conclusion and winners are already known, the election has little significance. The results are predictable as the elections will be held under a range of restrictions.

The restrictions are an important issue here. The Election Commission asked the government to take measures so that no political programmes, other than for electioneering, can be held after December 18. In a letter sent to the home ministry, the EC said parties should be stopped from holding rallies and other public events that may "obstruct the election process and discourage people from casting their votes." The measures should be in place till after the election on January 7, said the letter, addressed to the senior secretary of the Public Security Division.

It is the EC's role to ensure a congenial atmosphere for people to cast their votes freely. But the way the commission is stopping the activities of political parties is merely a bid to hide its failure through other means. This type of action had not been taken by any EC, not even by the 2014 Rakib commission. But this is not unexpected, as the commission itself announced the election schedule amid high security and beefed up police protection, with the deployment of armoured personnel carriers and water cannons.

Basically, this level of security at the EC betrays the election's true nature and how congenial the prevailing atmosphere is. True, BNP and other opposition parties are enforcing hartals and blockades, demanding a nonpartisan interim government. But the political opposition is fully within its rights to demand and campaign to oust the government. Obviously, opposition parties will not support the government when elections come around.

But for the EC to also act as an extension of the political government and bar political programmes that might "discourage people from voting" betrays its inherently nonpartisan design. Holding rallies is a fundamental right not just of a political party but also of individuals, a right that should not be tainted with equivocations or conditions, or intermitted because of "special circumstances." 

Not even the home ministry can lawfully abide by the commission's request. Just like casting votes is a right, so is not casting it. And so is waging a peaceful campaign to convince people not to vote at all. Since there is no "no vote" option, as there was in 2008, citizens may not feel compelled to vote. Thus, any campaign to discourage people from voting is as lawful as the urging people to vote for a certain candidate.

To complicate this further, in a television interview, ruling party leader and agriculture minister Abdur Razzaque said BNP received a number of generous offers. The party was even told that all its leaders would be released from jail overnight if it decides to join the January 7 election. 

Distancing the ruling party from Razzaque's comments, AL general secretary Obaidul Quader, the very next day, said the remarks were not of AL's but that of the minister's alone. On the same day, Razzaque said, "I think what I said, I did not say anything wrong, not a bit. The statement is correct." 

For a long time, BNP leaders have been accusing the government of politicising the legal system and imprisoning its activists and members illegally. Razzaque's statements only vindicate what BNP has been claiming all this time.

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Turn candidates' halafnama into amalnama

As BNP is not contesting the polls, it will try to make the election controversial, demonstrating the loopholes and deficiencies. And towards that end, the opposition parties must give a big thanks to Razzaque and the Election Commission, as they are doing the opposition's work, making it easier to illustrate that the system is so tainted that an election under Awami League would never be fair. 

Prime Minister Sheikh Hasina already said that BNP is plotting to create a famine in the country, after realising that it won't be able to thwart the upcoming election, and perhaps realising that tough times are coming a few months down the line. We are hopeful that under Hasina's iron-handed leadership, there will be no such famine in the country. But it appears there is another kind of crisis under her watch—a 10-year drought of proper elections, a drought that won't let up soon, it appears.

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

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

Follow The Daily Star Opinion on Facebook for the latest opinions, commentaries and analyses by experts and professionals. To contribute your article or letter to The Daily Star Opinion, see our guidelines for submission.