The New Nation - Internet Edition

Staff Reporter

A High Court Division bench comprising Justice Mirza Hossain Haider and Justice Mamnoon Rahman yesterday began the final hearing on a writ petition filed by detained BNP Chairperson Begum Khaleda Zia challenging the validity of the Election Commission's letter inviting the reformist faction of her party for dialogue on electoral reforms.

Begum Zia filed the petition on November 18, 2007 seeking a stay order on the operation of the Election Commission's (EC's) letter (dated November 5, 2007) to Acting BNP (reformist) Secretary General to Maj (retd) Hafizuddin Ahmed to participate in the dialogue, instead of party Secretary General Khandker Delwar Hossain, who was appointed by her.

Responding to her writ, the High Court on November 18 last year had stayed the operation of the EC letter to Maj (retd) Hafiz.

The Court also issued a rule upon the EC, the Acting Secretary General and six members of the BNP Standing Committee, who were present at the October 29 meeting and the Chief Adviser of the Caretaker Government to explain why the impugned letter 'should not be declared illegal'.

The High Court orders eventually stalled the EC's dialogue with the BNP till the disposal of the writ petition. Since the BNP leadership depends on the decision of the High Court ruling, the EC could not complete its dialogue schedule with the political parties on electoral reforms

On the first day of the final hearing in the High Court yesterday, chief counsel of Begum Zia, also a former Prime Minister, Senior Advocate TH Khan and Chief counsel of the EC Senior Advocate Dr Kamal Hossain made submission defending their respective clients.

TH Khan submitted that the Chief Election Commissioner (CEC) played a "dubious" role during sending invitation to Maj Hafiz, who was appointed Acting Secretary General in the name of BNP Standing Committee on October 29 last year, when there was no valid meeting, ignoring party Secretary General Khandaker Delwar Hossain appointed by BNP Chairperson according to its constitution.

"There was no meeting of the Standing Committee on October 29 since the detained BNP Chairperson, who is the only authority to convene such a meeting as per the party constitution, did not call a meeting. And as such, nobody could claim himself to be appointed by the Standing Committee to a post without a meeting," he argued, adding, "The Election Commission thus illegally interfered in the organisational matters by sending the invitation letter to Maj Hafiz."

Terming CEC DR ATM Shamsul Huda partisan, TH Khan questioned his reasoning about 'Doctrine of Necessity' in sending the invitation letter to the Saifur-Hafiz group of BNP.

He said this theory could only be applied in case of emergency situation of the State, but "nothing such happened in this case".

The four respondents out of six of this case have already filed their affidavit in a court that revealed that on October 29 no formal meeting of the standing committee was held. It was merely a tea party hosted by M Saifur Rahman at his Gulshan residence, he added.

TH Khan said following the affidavits of the four standing- committee members everything is clear about BNP leadership.

Dr Kamal Hossain, the chief counsel for the Chief Election Commissioner in the case, said it is not right to bring a matter of party leadership in the Court of law. The conflict should be resolved through discussions.

"Since the matter is now before the Court, the court will take a decision," he added.

The High Court Dvision bench adjourned the hearing till next Monday after hearing both the sides.