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Published : 27 Jun 2025, 10:40 PM
A member of former chief election commissioner (CEC) KM Nurul Huda’s defence team has told a Dhaka court that the sedition case filed against his client is legally “flawed”, as such charges require government authorisation and are “rarely” initiated by citizens.
The lawyer also claimed that the case “lacks” sufficient grounds to proceed under law.
He made the submission during a hearing at the Dhaka Metropolitan Magistrates Court on Friday, where Magistrate Awlad Hossain Muhammad Jonaid heard arguments on a new 10-day remand plea.
Sub-Inspector Shamsuzzoha Sarkar of Sher-e-Bangla Nagar Police Station, who is investigating the case, submitted the application.
Huda was produced in court at 2:40pm after at the end of a four-day questioning.
He remained in court custody until 3:40pm when he was brought to the dock for the hearing.
Metropolitan Public Prosecutor Omar Faruq Faruqi, representing the state, described the case as one of “national importance”.
“The accused was once head of a constitutional institution,” he told the court. “Because of the actions of three former CECs, fascism was born in Bangladesh. Thousands of people died.”
Referring to Huda’s role in the 2018 general election, he said: “Once the election was declared, the police and administration came under the control of the Election Commission.
“He [Nurul Huda] had the authority to form investigative committees with judges across districts. All functioned under his directive.”
“Opposition parties were removed from the streets by force. Police raided homes and made arrests. Candidates’ houses were attacked and looted. No legal steps were taken in response,” Faruqi added.
Claiming the election was a farce, the prosecutor said: “By 3am, results for 200 candidates were declared. Presiding officers were instructed to conduct voting during the night.
“It is crucial to uncover who assisted in carrying out this night-time election.”
The police remand petition said the information given by the accused was “sensational” and required verification. As it involves official documents, recovery and review of those documents are essential.
It read: “As the 2018 general election was manipulated while the accused served as chief election commissioner, this constitutes an organised official crime.
“It is necessary to determine how the election was staged on his instructions, including matters related to budgeting and implementation.”
The plea noted that Huda provided “important information” about other suspects who are currently absconding. Their arrest is required to verify those details. “He must be interrogated on how the orders for a manipulated election were executed.
“It is also necessary to determine whether he conspired with Sheikh Hasina during the polls.
“He has not accounted for how thousands of crores of taka were spent. We must identify others involved in the 11th parliamentary election.”
The magistrate then asked who served as EC secretary during the election. Faruqi replied: “Helal Uddin Ahmed.”
The court then inquired if anyone from Huda’s family was involved in the election.
The prosecutor responded: “He abused his position to help his nephew Shahazada secure a nomination in Patuakhali-3.”
Appearing for Huda, lawyer Towhidul Islam opposed the remand petition and sought bail.
“There is no fundamental difference between [Friday’s] remand petition and the one submitted on the 23rd of June,” he told the court.
Referring to the earlier remand, he said: “The investigation officer must disclose what was gained during the previous remand -- how much out of 100. The court must be satisfied. But the new application lacks any significant update.”
He argued that the case was initially filed under bailable sections.
“On the 23rd, we showed that all charges were bailable and requested bail. Seeing the situation was not in their favour, the prosecution later filed for inclusion of new sections.”
“We’re even afraid to speak. If they revise and add new charges again, then what happens next?”
The lawyer said, “The sections added against him are legally problematic. Government approval is mandatory before filing a sedition case. That was not obtained.
“The case is defective and cannot proceed under law. Nothing specific or legally binding in the allegations.”
Questioning the outcome of the previous remand, Towhidul said: “What did they do during remand -- just entertain him? Sedition cases are filed by the state. It is rare for individuals to do so.
“If a private person files such a case, it is flawed by default. And regarding allegations of corruption involving election funds—will a sub-inspector investigate that? This is a matter for the National Board of Revenue. Senior NBR officials should handle it.”
He noted that Huda is a decorated freedom fighter and took part in guerrilla operations.
“This case touches on issues of independence and national identity. Considering all of this, we request cancellation of the remand and appeal for his bail.”
At the end of the hearing, the magistrate told the defence: “You’ve answered all the questions, but said nothing about the night-time voting.”
In response, the lawyer said: “No media outlet has produced any document regarding that.”
The court then granted a fresh four-day remand.
The case was filed on Sunday at Sher-e-Bangla Nagar Police Station by Salah Uddin Khan, a BNP National Executive Committee member.
