Advocate Tawhidul Islam Sojib, legal counsel for former chief election commissioner (CEC) KM Nurul Huda, said that the case filed by the BNP against his client (accusing him of sedition and of conducting a ‘sham election through abuse of power’) is flawed and has no legal grounds to proceed.
He made the comments on Friday at the courtroom of Dhaka Metropolitan Magistrate Awlad Hossain Muhammad Jonaid.
On completion of the first phase of a four-day remand, the investigating officer of the case, Sub-Inspector Shamsuzzoha Sarkar, applied for a further 10-day remand for Nurul Huda.
At around 2:40pm, Nurul Huda was brought to the court and kept in the CMM court’s holding cell. At 3:40pm, he was presented before the bench during the remand hearing.
The investigating officer presented arguments in favour of the remand extension. Following that, Dhaka Metropolitan Public Prosecutor Omar Faruk Faruki also spoke in support of the remand.
He said: “This is a nationally significant case. Today’s accused was the head of a constitutional institution in Bangladesh. Due to three former CECs, fascism was born in Bangladesh. Thousands of lives were lost. Elections are an enormous undertaking. Every accused claims innocence and refuses to admit to the incidents. Many things occurred during such a massive operation. That’s why repeated remand is necessary.
“In 2018, when the election was announced, the police and administration operated under the Election Commission’s authority. They had the power to form investigative committees with judges in different districts. The opposition was beaten off the streets by the Awami League. Police raided homes and made arrests. Candidates' homes were vandalised and looted, yet no legal action was taken.”
He added: “Nurul Huda orchestrated the 2018 farcical election. By 3am, 200 candidates had already been declared winners. Presiding officers were instructed to conduct night-time voting. It is essential to know who aided the night-time voting. An interrogation is needed to uncover how orders for a rigged election were carried out. It is also crucial to understand any conspiracies involving Sheikh Hasina at the time. Billions of taka were spent without accounting. We need to identify others involved in the 11th parliamentary election. National elections unfold over two to three months.”
On behalf of Nurul Huda, Advocate Tawhidul Islam Sojib filed for bail and cancellation of the remand. During the hearing, he said: “There’s no fundamental difference between the remand application submitted on June 23 and today’s (Friday). The court must be told what the investigating officer has found during remand, what percentage of information he gathered. But there appears to be no significant new content in today’s request.”
He further stated: “The case was initially filed under bailable sections. On June 23, I presented before the court that all charges were bailable and sought bail. The prosecution then realised the situation was weak and applied to add more sections. Now, even speaking has become fearful. If they amend and reapply to add sections, that raises serious concerns.”
The defence lawyer said that the sections added to the case raise legal barriers to its continuation.
“The case is questionable. For sedition charges, government approval is required beforehand. That wasn’t done here. The case is flawed and has no legal standing. It lacks specific, clear, and actionable content. There’s no mention of any findings from the remand. Was he just served tea? A sedition case is to be filed by the state. A private individual filing such a case is rare. And if so, it becomes legally defective. Moreover, financial corruption in elections—can an SI investigate that? The NBR (National Board of Revenue) should handle that.”
He added: “Nurul Huda is a valiant freedom fighter. He fought as a guerrilla. This matter is tied to independence and national existence. Considering everything, I appeal for the cancellation of the remand and his release on bail.”
Following the arguments and counter-arguments, the hearing on the remand concluded. At the end, the court said to the defence lawyers: “You’ve answered all questions. But you didn’t mention anything about the night-time voting.”
In response, Nurul Huda’s lawyer said: “No media outlet has produced any document regarding that matter.”
The court then ordered a four-day remand for Nurul Huda.
On Sunday, police arrested Nurul Huda. The following day, he was presented before the court with a request for a 10-day remand. After the hearing, the court granted a four-day remand. In this same case, the court on Thursday also granted a three-day remand for former CEC Kazi Habibul Awal.
