Violation of election code must be dealt with severely

On the evening of 11 December it was reported over television that motorcades had been attacked in Thakurgaon, Bagura and another place. An assistant returning officer said they would investigate the incident once they received written complaint. It was as if they would conduct primary investigation if anyone filed a complaint with sufficient evidence, submit a report and then decide the next course of action. I wonder if all such formalities would be done after 30 December.

Just two months ago, most of the people were doubtful that a participatory election would be held. The formation of the Oikya Front, a number of parties joining them, the role of its founder eminent jurist Kamal Hossain and his decision not to run for the polls, and the participation of BNP and many other parties, have now ensured that it will be a participatory election. There will be an election and people will go to the polling centres to cast their votes. But the election has to be a free and fair one.

The government, the political parties and the election commission are three cornerstones of a successful election. Among them, the first two have already started playing their role. To make it a fair election, the EC has a big role to play till 30 December. And the biggest obstacle to holding a fair election is violation of the election code of conduct. The EC has to rule these cases with an iron hand.

There are clear directives about posters and leaflets, motorcades, wall writings, provocative comments, use of mikes, time for election campaigns, expenditure, etc. If everyone abides by the law, we will see a free and fair election. The EC cannot just wait for a written complaint, they have to act when they hear of any irregularities.

About 10 days back, I wrote an article titled 'Election code of conduct takes a hike' in Prothom Alo. I am reiterating what I said there -- the election code of conduct has to be massively publicised. The people should know that the EC has formed 122 probe bodies headed by two justices. Everyone should know where they should report a violation of election code of conduct.

Everyone has to play a role to contain violation of the election code of conduct. The punishment is six months' imprisonment and a fine of up to Tk 50,000. How big the punishment is not an issue, what is important is its implementation.

Just a few days ago, the chief election commissioner himself expressed his dissatisfaction over the inactivity of the 122 probe bodies. But that is not enough. The committees have to act. True, they have not been formed with the most senior judges, but if they act too slow the election might be derailed. For the sake of the country and a fair election, they have to be pro-active. Deciding if a car windscreen has been shattered or not, cannot take so much time. The judges have seen cases go on for years, but these cases have to be dispatched faster. They have only three days. If the cases remain unsettled, a fair election will remain a far cry.

* Dr Shahdeen Malik is a lawyer at the Supreme Court and a faculty of the University of Asia Pacific's Department of Law.

This piece appearing in the print version of Prothom Alo has been rewritten in English by Quamrul Hassan