Barrister Tureen Afroz writes for DOT :
Four people have challenged the validity of the participation of Bangladesh Jamaat-e-Islami’s 25 candidates in the upcoming National Election. Ashfaqul Islam and Justice Mohammad Ali’s High Court bench passed the order to Election Commission to settle the case on Tuesday (18 December 2018). In the order it was requested to take decision about the candidacy of the Jamaat leaders in three days.
On Sunday (December 23rd) at around 8:30 pm, it was known through EC’s press conference that EC has upheld the candidacy of 25 leaders of ‘Jamaat-e-Islam Bangladesh’ through “Dhaner Shish” in the Eleventh National Parliament election. The EC Secretary said the commission examined the order of the High Court and found no fault in the candidacy and there is no scope to cancel the candidate’s candidature under existing law. So it was understood that the law to abstain Jamaat-e-Islam Bangladesh’ from holding elections in the Eleventh National Parliament cannot be found anywhere.
The High Court has canceled the registration of Bangladesh Jamaat-e-Islami as a political party in 2013. That means that Bangladesh Jamaat-e-Islami cannot participate in the election due to not being registered as a political party even its members. But as we are seeing the recent events and hearing the EC’s decision, it’s clear that the law in not taken seriously.
There is a very well established legal maxim around the world: “What cannot be done directly cannot be done indirectly”. So, according to the verdict of the High Court that was set in 2013, if a member of “Bangladesh Jamaat-e-Islam” cannot directly take part in the election, how can he participate indirectly in the election by hiding behind another party? Is it not a violation of a well-established legal maxim or legal code?
The Writer is a Prosecutor of International Crimes Tribunal, Bangladesh.