Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 37 Sat. July 03, 2004  
   
Front Page


Legal battle on Dhaka-10 By-polls this week


A legal battle will begin in a couple of days to challenge the validity of Dhaka-10 by-polls that ended Thursday amid allegations of fraud, intimidation and violation of a court order on all-centre army deployment.

"We will go to the High Court (HC) to challenge the election and bring a contempt charge against the government for not complying with the HC order on army deployment at each polling centre," said Bikalpa Dhara candidate Abdul Mannan, who lost out to ruling alliance candidate Mosaddak Ali Falu.

Sources said the Attorney General's Office was also learnt to be preparing for the legal battle on behalf of the government.

The HC ordered the government on Tuesday to deploy necessary numbers of army personnel at each of the 103 polling centres in Ramna-Tejgaon constituency. Although 314 troops were called out, they were on the move mostly on the roads outside the polling centres and did not mount guard inside.

Acting Chief Election Commissioner (CEC) Safiur Rahman observed that the court order was violated as the army was not deployed at polling centres. "I hope legal action will be taken against the guilty," he said in an instant reaction to the court order violation.

By-poll to the Dhaka-10 constituency ran into legal roadblocks as Mannan went to the HC seeking the election symbol kula (winnowing fan) after he was denied it by the returning officer.

Barrister Rokanuddin Mahmud, who moved for allocation of kula to Mannan and centre-to-centre army deployment, will work as one of the counsels for the Bikalpa Dhara candidate to challenge the validity of the much-talked-about election.

On when the counsels will go to the HC, Rokanuddin told The Daily Star yesterday that they were examining the election and would go to court once the preparation is complete.

Sources said the legal challenge might come on Sunday or Monday, as the main opposition Awami League enforces a dawn-to-dusk hartal today.

Tuesday's HC order on army deployment came after Mannan and three other candidates Abu Saleh Mohammad Kibria, Mazharul Islam and Abu Hamidur Reza Khan filed a writ petition with the court on June 27 for army presence at all polling centres.

In its order, the HC directed the home secretary, defence secretary, principal staff officer of the armed forces division and principal secretary to the prime minister to deploy the army at each polling centre.

The accountability of the respondents was called into question and contempt of court arises, as the HC order was not followed, Rokanuddin said.

Mannan's lawyers also consider filing cases with the election tribunal for allegations including beating-up and intimidation of Mannan's polling agents, polling centre capture and false balloting.

Two additional attorneys general have been instructed to move the HC if Mannan's lawyers file a contempt petition. Once the rule is issued, the respondents will employ lawyers of their choice.

Sources said the Attorney General's Office remained alert on Thursday for a possible legal battle, fearing any candidate might go to court seeking to stay the election.

Contacted by phone, the family of Attorney General Hassan Ariff said he would not talk about the issue.