HC questions legality of Jatiya Party factions contesting polls
The High Court has asked why three Jatiya Party factions and their nominated candidates should not be barred from contesting the 13th Jatiya Sangsad elections.
The rule covers candidates fielded by the National Democratic Front (NDF) led by JP’s Anwar Hossain Manju, the Jatiya Party faction led by GM Quader, and the faction led by Anisul Islam Mahmud.
The court also sought an explanation on why their candidacies should not be cancelled.
A bench of Justice Razik Al Jalil and Justice Md Anwarul Islam issued the order on Sunday, January 11.
Barrister ASM Shahriar Kabir moved the writ petition on behalf of the petitioner.
The writ hearing initially took place on January 7, after which the court set January 11 for further proceedings. Today’s order came as a continuation of that hearing.
The petition was filed on January 4 by Abdullah Al Mahmud of Bhola, who took part in the July Uprising.
The Law Secretary, Home Secretary, Cabinet Secretary, Chief Election Commissioner and the Election Commission Secretary have been named as respondents.
According to the petitioner’s lawyer, the GM Quader-led Jatiya Party has announced candidates for 243 constituencies, with Secretary General Shamim Haider Patwary unveiling the final list at the Lakeshore Hotel on December 26.
Meanwhile, the newly formed NDF, which brings together the Jatiya Party (Anisul Islam Mahmud) and JP (Manju), has declared 131 candidates for 119 seats. Executive Chairman Mujibul Haque Chunnu announced the list at a press conference at the Sheraton Hotel on December 23.
Explaining the grounds of the petition, Barrister Shahriar Kabir said the Awami League-led 14-party alliance, commonly known as the Grand Alliance, is cited in a OHCHR report for involvement in human rights violations. Several Jatiya Party factions were part of that alliance at different times, including JSD (Inu), Jatiya Party (Ershad), Jatiya Party (Manju) and the Tarikat Federation.
He argued that, based on Article 66(2)(e) of the Constitution, any party or individual implicated in such offences should be considered ineligible to contest elections.
FH/NMA