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.

The United States has said unlawful or political killings, forced disappearances, life-threatening prison conditions, freedom of speech limitations, negative government pressure on and fear of reprisal by press and media, and impunity for security force abuses were the most significant human rights problems in Bangladesh last year.

US Secretary of State Michael R Pompeo formally released the 2018 Country Reports on Human Rights Practices and delivered on-camera remarks yesterday morning at the press briefing room of US Department of State in Washington DC.

There were reports of widespread impunity for security force abuses last year, while the Bangladesh government took few measures to investigate and prosecute cases of abuse and killing by security forces, said the report.

It also considered a number of rights issues, such as torture, arbitrary detentions, corruption, trafficking, overly restrictive NGO laws, workers' rights, use of the worst forms of child labour, and violence against LGBTI persons; unlawful interference into privacy, censorship, site blocking, peaceful assembly and freedom of association; criminal libel; restrictions on freedom of movement, political participation, trade unions.

On the role of the police and security Apparatus, the US report said though civilian authorities maintained effective control over military and other security forces and the government had mechanisms to investigate abuses and corruption by them, those were not regularly employed.

The report said the government neither released statistics on total killings by security personnel nor took comprehensive measures to investigate them.

 In regards to the security forces' continued abuses with impunity, it identified lengthy trial procedures, retribution, and police having ties to ruling party men who occupy key positions in law and enforcement agencies.

“Reluctance to bring charges against police also perpetuated a climate of impunity,” it added.

On elections and political participation, the report termed the December parliamentary elections “lop-sided” and said it was considered to be marred by irregularities, including ballot-box stuffing and intimidation of opposition polling agents and voters.

It said the government mobilised law enforcement resources to level civil and criminal charges against opposition party leaders.

The report also highlighted numerous reports of arbitrary or unlawful killings committed by the government or its agents.

It said Human Rights Support Society (HRSS) reported security forces killed more than 400 individuals in crossfire incidents from January through September. Odhikar, another rights body, reported the number to be 415 from January through October.

The anti-narcotics drive in May resulted in an increase of reported extrajudicial killings relative to last year.

Human rights organisations and civil society contended the drive was a government effort to exert increased political control over the populace before the national election.

The report also highlighted claims that the government made limited efforts to prevent or investigate forced disappearances. HRSS stated there were 58 enforced disappearances from January through September. Odhikar said the number was 83 from January to November.

In terms of freedom of expression, it said the government sometimes failed to respect the right.

There were significant limitations on freedom of speech with self-censorship persisting due to harassment and fear of reprisal.

It said both print and online independent media were active and expressed a wide variety of views; however, media outlets that criticised the government experienced negative government pressure.

Civil society said political interference influenced the licensing process, since all television channel licenses granted by the government were for stations supporting the ruling party.

There were also incidents of journalists coming under attack by ruling party loyalists and intelligence men.

Independent journalists alleged intelligence services influenced media outlets in part by withholding financially important government advertising and pressed private companies to withhold their advertising as well.

In September parliament passed the Digital Security Act, claiming it was intended to reduce cybercrimes. Human rights groups, journalists, media outlets, and political opposition parties denounced the DSA as intended to suppress freedom and criminalise free speech.

Awami League General Secretary Obaidul Quader today said BNP has failed to plunge the December 30 national election into controversy even after knocking at the doors of its foreign friends.

“They (BNP) wrote letters to different countries to make the election questionable but their motive has gone in vain,” Quader, also the minister for Road Transport and Bridges, told reporters after visiting construction site of the second Kanchpur Bridge on Dhaka-Chattogram and Dhaka-Sylhet highways in Narayanganj’s Sonargaon upazila.

BNP also completely failed to ensure momentum of their anti-government movement as people did not take to the streets by responding their call, the Awami League leader said.

Replying to a query about BNP’s decision to refrain from participating in the upcoming upazila elections, the minister said no political parity can sustain without taking part in election.

He said the heads of different countries including UK and Switzerland welcomed Prime Minister Sheikh Hasina following the formation of government under her leadership for the fourth time.

Claiming that people would not throng the streets responding to the BNP’s call, Quader said BNP is engaged in negative politics and thus it will lose its foreign friends as well as the trust of the countrymen.

The Awami League used party men, police and administration officials to influence the 11th parliamentary polls, BNP-led Jatiya Oikyafront leaders said yesterday at a “mass hearing”. 

The alliance leaders said ghost cases were filed against its activists and they were harassed and detained without warrants.

“There was no voting on December 30 and so the government formed from it is not valid,” said Maj Gen (retd) AMSA Amin, who had run with Dr Kamal Hossain-led Gonoforum ticket from Kurigram-2.         

The Oikyafront arranged the “mass hearing” on “so-called parliamentary election” at the Supreme Court Bar Association auditorium. A number of the alliance candidates had filed election petitions with the High Court challenging the December 30 polls results.

At least 41 candidates testified during the over seven-hour-long session of the “mass hearing” before a panel that included Dr Kamal and former Dhaka University vice-chancellor Prof Emajuddin Ahmed.

Leaders of the BNP and its political allies said they, by taking part in the December 30 polls, had “unmasked the ruling party”. Top BNP leaders, including its Secretary General Mirza Fakhrul Islam Alamgir, Vice-Chairman Abdullah Al Noman and Standing Committee Member Abdul Moyeen Khan attended the programme.

Sabina Yasmin, who ran from Natore-2, said, “I was getting ready to go to the polling stations after learning that my polling agents had been driven out of there on election day.”

She said she could not cast her vote even because her house had been padlocked from the outside that morning.

Detectives in plainclothes picked up her husband -- BNP Organising Secretary Ruhul Kuddus Talukder Dulu -- on December 12. Dulu is now in Keraniganj jail.

Sabina said on December 20 when they were distributing campaign flyers, 30 to 40 AL men harassed her and 15 women working for her campaign.

Four days later, about 500 armed AL men attacked her campaign team of 200, most of whom were women, said Sabina, adding that she along with her activists took cover in a drug store.

They were confined to the shop until police rea

Attendees at the programme offering prayers for the victims of the Chawkbazar fire. Photo: Prabir Das

“I hired fewer men [for the campaign] because they used to get clobbered with hammers,” she said.

Sabina claimed that she could not campaign after December 24.

Anisur Rahman Talukder, who was the BNP candidate for Madaripur-3, said the AL had repeatedly been saying that “the opposition party didn't campaign, didn't have posters printed, and didn't ask for votes”.

Whenever they tried to campaign, they were harassed, attacked, and their posters were torn, he said.

Several other candidates echoed him. Law enforcers cordoned off candidates' houses and when they or their activists came out of the houses, they were picked up, often without any arrest warrants, they said.

Anisur said he learnt from his sources on election day morning that 80 percent of the votes had been cast between 2:30am and 5:00am that day.

BNP leader Rumana Mahmud, who ran from Sirajganj-2, said police fired at her and her activists when they were campaigning on December 14. Her aide Mery Begum lost her eyesight in the attack, she said.

Sardar Sakhawat Hossain Bakul, BNP nominee for Narsingdi-4, alleged that his polling agents were ousted from 152 of 155 polling centres in his constituency on election day.

Nitai Roy Chowdhury, who ran from Magura-2 and bagged around 65,000 votes, alleged that before election day, police went to every ward, union and village in his constituency and threatened his party leaders and activists, detained some of them. They also harassed the women, he claimed.

BNP candidate for Satkhira-1 Habibul Islam Habib said he was nominated several times by the party and had bagged 1.46 lakh votes in the 2008 polls.

He said it was incredible that he got only 17,445 votes and had not got a single vote in 20 of 188 polling stations.

Other defeated candidates of the 11th parliamentary election also accused the ruling party, Election Commission, officials of the administration, intelligence and security personnel of violating the constitution and stripping people their right to vote.

Thanking the alliance members for arranging the “mass hearing”, Dr Kamal said, “It [December 30 polls] cannot be said an election but an event where the government in the name of election staged a farce.”

The government deprived the country's people of their rights, violated the constitution, and insulted democracy, he said.

Without mentioning any name, Dr Kamal said state servants who were in the administration should be ashamed of themselves because they forgot their constitutional duties and became servants of “a single individual”.

The eminent jurist also said BNP Chairperson Khaleda Zia should be immediately released, unconditionally.

“It is a pity that even after 48 years of independence, we have to raise such demand for those who contributed to democracy,” he said, calling for unity to “restore” democracy in the country.

Ambassador of Switzerland to Bangladesh René Holenstein today said Switzerland commended all parties for their participation in 11th Parliamentary Elections in Bangladesh.

“Switzerland took note of the results of the 11th Parliamentary Elections and commended all parties for their participation in the process,” said Holenstein during a meeting with Bangladesh Foreign Secretary M Shahidul Haque today.

The Swiss ambassador deplored the violence that occurred before and during the elections causing unnecessary suffering and pain, according to a statement.

Referring to reported accounts of intimidation, irregularities and further obstacles to a level playing field throughout the process, which have tainted the electoral campaign and the vote, Ambassador Holenstein underlined the need to address these reports in full transparency and according to the rule of law.

“Switzerland trusts that the new Government of Bangladesh will uphold the democratic values it was elected upon and that it will support the people’s will to move towards democracy in full respect of human rights and fundamental freedoms,” he said.

He assured the foreign secretary that Switzerland looked forward to its continued partnership with Bangladesh.