Former CEC Nurul Huda tells court: ‘2018 election was controversial’

Former Chief Election Commissioner (CEC) KM Nurul Huda stood in the witness box on Monday afternoon, with his head bowed and demeanor dejected, for nearly an hour as he answered various questions before Dhaka Chief Metropolitan Magistrate (CMM) court judge Mustafizur Rahman.

The magistrate asked Huda whether he had violated the oath of his constitutional office.

In response, Huda said, “Honourable Court, I have not broken any oath. An election commission is composed of five members - the Chief Election Commissioner and four commissioners. During a national election, 1.7 million officials and employees work under the supervision of the election commission. It is not possible to know every detail about the vote in a remote village while sitting in Dhaka. There is no scope to monitor each polling station individually.”

The magistrate then asked if it is the election commission’s responsibility to conduct free and fair elections.

Huda replied, “Honourable Court, it is indeed the election commission’s responsibility to organise free and fair elections. But many stakeholders are involved in that process. After the election is held and the returning officer publishes the gazette, the commission has no further authority. The matter then falls under the jurisdiction of the High Court.”

When asked what responsibilities the election commission holds after announcing the election schedule, Huda said, “According to the Representation of the People Order, once the gazette is issued after an election, the election commission’s authority ends.”

The court also inquired about the role of the then Inspector General of Police (IGP) before the 2018 elections.

Huda responded, “The IGP was responsible for overseeing the law and order situation ahead of the polls. That is why there was no violence during the election.”

While defending himself, Nurul Huda stated, “Honourable Court, the 2018 election was controversial. But the election commission is not responsible for that controversy.”

Following his statement, Huda’s lawyer, Obaidul Islam, addressed the court, saying, “Honourable Court, he is a brave freedom fighter who participated in the liberation war in Patuakhali. He is seriously ill and suffers from diabetes.”

The BNP filed a case on Sunday at Sher-e-Bangla Nagar police station in the capital against Nurul Huda and three other former chief election commissioners from the Awami League era, accusing them of conducting a farcical election.

After the case was filed in the afternoon, a group of people reportedly formed a mob, apprehended Huda from his Uttara residence, physically assaulted him, and handed him over to the police.

On Monday, police produced Nurul Huda before the court in connection with the case and sought a 10-day remand. After hearing arguments from both sides, the court granted a four-day remand of the former chief election commissioner.

Former CEC AKM Nurul Huda was brought into the courtroom with his hands cuffed behind his back at 4:10 pm. Standing in the dock with his head bowed, a police constable removed his helmet, and Nurul Huda adjusted his glasses.

When asked by a lawyer about his well-being, he simply tilted his head to the right, signaling that he was fine, but remained standing with a somber expression.

Five minutes later, Dhaka’s chief metropolitan magistrate Mostafizur Rahman arrived at the bench. Standing alongside Nurul Huda were former reserved seat MP Sabina Akter Tuhin and former MP of Munshiganj-3, Faisal Biplob.

The prosecution requested that Sabina Akter be sent to jail, which the court granted.

Chief Public Prosecutor (PP) Omar Faruq Faruqui then presented arguments in favour of a 10-day remand for Nurul Huda, who was arrested in connection with BNP leader Salahuddin Ahmed’s case regarding allegations of electoral fraud and manipulation.

The PP accused Huda of playing a pivotal role in maintaining the “fascist illegal rule” of Sheikh Hasina and claimed that the public held him accountable for depriving them of their voting rights.

The PP argued that ordinary citizens, angry over their disenfranchisement, were detaining such figures upon sight.

“People know the 2018 national election as the midnight election, and Nurul Huda was the CEC of that election. He had betrayed political parties and the nation. How could he still face the public? They are so shameless to still go to people laughing.”

The PP read out the charges against Nurul Huda, and argued that as CEC, he had instructed local officials to stuff ballot boxes at night and declared the ruling party’s victory, misappropriating millions in public funds in a “mockery” of an election.

In defense, Nurul Huda’s lawyer, Tawhidul Islam, argued that his client was innocent and that the charges lacked basis.

He noted that all accusations fell under bailable sections and that Huda, listed as 77 years old but older in reality, was entitled to bail under Section 497 of the Criminal Procedure Code due to his age and health.

Citing precedent of the High Court, the defense contended that, “Huda has been accused of fake vote. But he was the CEC and he did not cast any fake vote. The election-related crimes he has been accused of are not justifiable.”

The defense further maintained that Huda could not have committed electoral offenses personally as CEC and that a criminal conspiracy case against him required prior government approval under Section 196 of the Criminal Procedure Code—a step that was not taken.

The defense further asserted that since all sections under which Huda was charged were bailable, seeking remand was unjustified. However, the PP opposed this, stating that while treason charges require prior government approval, conspiracy charges do not. Omar Faruq Faruqui added that remand provisions existed under Section 167 of the Code of Criminal Procedure. The hearing concluded at 5:10 pm, after which Nurul Huda was taken back to the lockup. He had stood in the dock for an hour, appearing deeply dejected throughout.