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Published : 26 Jun 2025, 03:20 PM
A court has remanded former chief election commissioner (CEC) Kazi Habibul Awal for interrogation in police custody in a case over sedition and holding elections “without the people’s mandate”.
Dhaka Chief Metropolitan Magistrate Mostafizur Rahman gave the order on Thursday after hearing a remand petition from police.
Awal was brought to court and Sub Inspector Shamsuzzoha Sarkar, the investigation officer of the case filed at Sher-e-Bangla Nagar Police Station, petitioned for a 10-day remand for him.
Dhaka Metropolitan Public Prosecutor Omar Faruq Faruqi represented the state, while lawyer Amil Hasan Romel challenged the remand petition on behalf of Awal, petitioning for bail.
The court rejected the bail and remanded Awal for three days, said Sub Inspector Rafiqul Islam of the Prosecution Police.
Another former CEC, KM Nurul Huda, was arrested a few hours after the case was filed on Sunday.
A court had then remanded him for four days. Police have filed another petition to remand Huda for another 10 days.
On Sunday, the BNP filed a case accusing 19 individuals of carrying out elections without the people’s mandate through “intimidation”, instead of fulfilling the constitutional responsibilities of the Election Commission during the ousted Awami League government’s tenure.
The case names Kazi Rakibuddin Ahmed, chief election commissioner (CEC) overseeing the 2014 election, KM Nurul Huda, CEC overseeing the 2018 election, and Kazi Habibul Awal, CEC overseeing the 2024 election, as well as the election commissioners of the time.
In addition to Hasina, former inspector generals of police (IGP) Hasan Mahmud Khandaker, AKM Shahidul Haque, Javed Patwary, Benazir Ahmed and Chowdhury Abdullah Al-Mamun have been named as suspects.
The case alleges that BNP leaders and activists kept away from the election process by threatening them with false cases, kidnappings, enforced disappearances, murders and torture.
The complaint in the case states, "Despite being in a constitutional institution, these suspects are accused of violating the constitution, violating the election code of conduct, illegally forcing electoral victories despite being government employees, concluding the voting process through intimidation, and falsely declaring members of parliament who did not receive the people's votes.”
“The witnesses to the incident are all voters in the polling station area and many members of the law-enforcing agencies deployed at the polling station. In addition, many honest presiding officers, police officers and local people at the polling station will be witnesses to the incident.
“In addition, voters will be questioned on the seals and signatures on ballot papers to determine whether they actually voted."
After coming to power in a landslide victory in the 2008 election, the Awami League amended the Constitution and abolished the caretaker government system.
The case accuses a total of 19 people, including Hasina and Election Commission officials who oversaw not only the 12th parliamentary election but also the 10th (2014) and 11th (2018).
The 10th parliamentary elections were held on Jan 5, 2014 amid a boycott called by the BNP and most other political parties. Awami League candidates were elected to parliament unopposed in 153 of 300 seats.
The election commission headed by Rakib which oversaw the polls included former additional secretary Mohammad Abu Hafiz, former joint secretary Mohammad Abdul Mubarak, retired brigadier general Md Jabed Ali and retired district sessions judge Md Shahnewaz.
Although the BNP took part in the 11th national election on Dec 30, 2018, there were widespread allegations of fraud. The opposition won only seven seats amid claims that most ballot boxes had been stuffed the night before.
The members of the Election Commission headed by Huda, which oversaw the polls, were former secretary Rafiqul Islam, former additional secretary Mahbub Talukder, retired district judge Kabita Khanam and retired brigadier general Shahadat Hossain Chowdhury.
The 12th national parliamentary election was boycotted by the BNP and allied parties. To try and make it look participatory, the Awami League allowed rebel candidates from the party to run against its own picks.
The commission headed by Awal, which oversaw the election, had four election commissioners - retired senior secretaries Md Alamgir and Anisur Rahman, retired district and sessions judge Rasheda Sultana and retired brigadier general Ahsan Habib Khan.
The Awami League won all three of the questionable elections to rule the country for over 15 years. Finally, on Aug 5, 2024, a student-led mass uprising ousted the Hasina government.
In December last year, a High Court bench ruled that the 15th Amendment to the Constitution was partially annulled. This paved the way for the restoration of the caretaker government system.
The ruling observed that "public trust" had been destroyed in the three national elections held under the Awami League government due to the "failure to ensure" free and fair elections.
Then, on Jun 16, after a meeting of the National Consensus Commission, a press release from the Chief Advisor’s Office stated that Muhammad Yunus had ordered the immediate formation of a committee to investigate the role of the former chief election commissioners, election commissioners and secretaries of the Election Commission Secretariat involved in organising the three "controversial" national parliamentary elections held under the Awami League.
