The New Nation - Internet Edition

Staff Reporter

A High Court Division Bench of the Supreme Court yesterday dismissed the much-talked about writ petition filed by detained BNP Chairperson Begum Khaleda Zia challenging legitimacy of the Election Commission's letter inviting the party's Acting Secretary General instead of Secretary General to the dialogue on electoral reforms.

The BNP landed in a leadership-controversy on November 5 last year when the Election Commission, invited Maj (Retd) Hafizuddin Ahmed, the Acting Secretary General of its reformist faction, ignoring Khandker Delwar Hossain, whom the former Prime Minister appointed the Secretary General expelling the long time BNP Secretary General Abdul Mannan Bhuiyan minutes before her arrest last year, to participate in electoral dialogue sponsored by the EC in October-November the same year.

The Division Bench comprising Justice Mirza Hussain Haider and Justice Mamnoon Rahman delivered the judgment in a jam-packed courtroom, sparking a sharp reaction among pro-Khaleda anti-reform party activists and leaders, who gathered outside the room.

The verdict sealed the fate of the writ petition. The High Court observed that internal disputes in a political party does not come under the Court's purview.

The High Court further ruled that there was "no illegality" in the EC's action (sending invitation to Hafiz) for dialogue.

The High Court discharged its rule issued earlier, saying the writ was not maintainable on various grounds.

In its rulings, the High Court observed that the Court in its constitutional jurisdiction could not deal with a disputed question of facts involving internal dispute between factions of a political party.

Citing the long-settled principle of law, the Court noted that in its constitutional jurisdiction it should exercise restraint in matters involving policy issues, particularly when there is a lack of judicially manageable standards. "Therefore there was no reason for the Court to interfere in exercise of jurisdiction under the Constitution (of a constitutional body like the EC)."

Terming the EC's action as policy decision, while inviting different political parties for dialogue on electoral reforms ahead of the general election, the Court observed that the matter does not come within the purview of writ jurisdiction for scrutiny.

It observed that EC's holding dialogue with political parties is not governed by any rules and regulations. "Even there is no such provision under the Constitution. Hence, there was no illegality in Election Commission's holding the dialogue."

Legal experts said the High Court judgment would not only help the EC to conclude its talks, it would also help the Government to hold formal dialogue with political parties.

While top leaders of the two factions of the immediate-past ruling party expressed mixed reactions over the judgment, Chief Election Commissioner (CEC) Dr ATM Shamsul Huda said he would contact leaders from both the groups of BNP and request them to sit together in talks with the EC.

"I hope the BNP will end the infighting. Let all sides of the party come to us together. The verdict has created scope for it," he told journalists when his reaction to the High Court verdict was sought.

When asked, Khandakar Delwar Hossain said the High Court verdict has deprived BNP of a fair deal.

"The High Court verdict denied the mainstream BNP justice," the BNP Secretary General added.

Welcoming the judgment, Maj (Retd) Hafizuddin Ahmed requested Khandaker Delwar to sit with them in order to unify the party under Begum Zia's leadership.

Meanwhile, anti-reform BNP supporters, in and outside the Court voiced their disapproval when the judgment was pronounced.

A group of people led by two former BNP lady lawmakers-Helen Zerin Khan and Shirin Sultana-thronged the Supreme Court Bar Association's (SCBA) President's chamber and chanted slogans opposing the judgment, while a section of JCD leaders staged demonstration on Dhaka University campus.

The agitating party followers also shouted abuses against Abdul Mannan Bhuiyan and Maj (Retd) Hafiz of the reformist faction of the immediate-past ruling party.

At one stage of the commotion, riot police intervened and dispersed the mob.

After the judgment, TH Khan, counsel for Begum Zia, told reporters that he was not sure of the consequences of appealing against the judgment.

He, however, said they would wait for party instruction whether to move to the Appellate Division against the High Court judgment or not.

The counsel for the EC, noted jurist Dr Kamal Hossain, hailed the HC

Verdict. But he refrained from making any comment whether the EC's invitation to Hafiz for dialogue was valid or not.

Dr Shadeen Malik, counsel for Maj (Retd) Hafiz, said from the judgment "it appears that the EC letter inviting my client for dialogue was valid, since the writ petitioner had challenged the validity of the EC letter".