The High Court yesterday rejected a writ petition that had challenged the legality of oath taking of the lawmakers elected in the December 30 polls.

A HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal passed the order considering that petition was not filed properly.

After the order, lawmakers elected in the 11th parliamentary polls have no bar to perform their duties, said Attorney General Mahbubey Alam.

Also read: HC order on petition against oath-taking of MPs today

On January 14, advocate Taherul Islam Tawhid filed the petition praying for a rule on the Election Commission and the government to explain why the oath taking should not be declared illegal.

The lawyer also sought necessary HC orders on the authorities concerned to prevent the new lawmakers from discharging their functions.

Meanwhile, petitioner's lawyer barrister AM Mahbubey Alam told The Daily Star that they would file a fresh writ petition with the HC challenging the same issue.

The tenure of the 10th parliament will expire on January 28 and new lawmakers will take charge on January 30.

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.

International media widely covered yesterday's national election that saw deadly clashes and accusations of vote rigging.

In a news report, the Associated Press said it received more than 50 calls from people across Bangladesh, who identified themselves as opposition supporters.

They complained of intimidation and threats, and being forced to vote in front of ruling party men inside polling booths, it mentioned.

"Hasina's use of the state machinery to subjugate the opposition virtually ensures her electoral victory," Sasha Riser-Kositsky, a South Asia analyst for the New York-based Eurasia Group, told AP.

Minutes before the polls opened, a BBC correspondent saw filled ballot boxes at a polling centre in Chittagong city. The presiding officer declined to comment.

Only the ruling party's polling agents were present there and several other polling centres in the port city.

BBC's South Asia Regional Editor Anbarasan Ethirajan said if the opposition's claims of widespread vote rigging are proved, then it will likely to raise questions over the credibility of the election process and the legitimacy of the new government, according to a BBC report.

The Guardian in its report headlined “Bangladesh opposition reject 'farcical' election and demand new vote”, mentioned that dozens of candidates pulled out, claiming the ruling Awami League rigged the country's first contested election in a decade.

The Election Commission told Reuters that it was investigating allegations of vote rigging coming from across the country.

“Allegations are coming from across the country and those are under investigation,” SM Asaduzzaman, a spokesman for the EC, told the news agency.

The Economic Times of India reported that the voting in a tense election to choose a new government in Bangladesh ended amid allegations of manipulations by ruling party men.

The Times of India highlighted the introduction of EVMs in six parliamentary constituencies for the first time in a general election, a move which received mixed responses from the voters amid reports of glitches at some booths.

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.