Referendum is unconstitutional, JSD writes to EC

Staff Correspondent

The ordinance to hold a referendum to implement the July Charter is unconstitutional. It is unconstitutional for the Election Commission to engage in any unconstitutional and illegal activity such as violating the constitution.

The Jatiya Samajtantrik Dal (JSD) expressed this position in a letter written to Chief Election Commissioner (CEC) AMM Nasir Uddin on Wednesday, December 24. A representative of the party also met with EC Secretary Akhtar Ahmed to discuss the issue.

The letter from JSD Joint General Secretaries Shawkat Raihan and Obaidur Rahman Chunnu to the CEC states that the interim government assumes responsibility as an “interim arrangement for the conduct of the executive functions of the state” in accordance with the opinion expressed in Special Reference No. 01/2024 of the Appellate Division of the Supreme Court.

The National Socialist Party (JSD) believes that the interim government does not have the authority to make any “policy” decisions such as holding a “referendum” beyond the limits of “executive functioning”.

The JSD believes that it is unconstitutional to issue any ordinance regarding the holding of a referendum under Article 94(1)(b) of the Constitution of the People’s Republic of Bangladesh.

The JSD also believes that the decision to hold a referendum to amend the constitution is unconstitutional under Article 142(a)(ii) of Part 10 of the Constitution of the People’s Republic of Bangladesh, which deals with “Amendment of the Constitution”.

JSD believes that it is unacceptable for the constitutional institution Bangladesh Election Commission to engage in any unconstitutional and illegal activities such as violating the constitution.

The letter further states that the Jatiya Samajtantrik Dal (JSD) believes that on the one hand, the constitution has been violated by granting “indemnity” or “immunity” to one party in the context of the country’s latest political changes, and on the other hand, an inclusive parliamentary election has been made impossible by filing thousands of absentee cases to satisfy political vendetta against the other party.

JSD clearly believes that an environment for inclusive parliamentary elections will not be created unless all false cases filed against JSD President Hasanul Haque Inu, freedom fighters and leaders, activists and supporters of pro-liberation political parties are withdrawn.

In addition, the offices of various registered parties, including the central office of the Jatiya Samajtantrik Dal (JSD), were attacked and vandalized. The offices of the JSD in various districts are still under the occupation of terrorists. The offices of several other registered political parties are under the occupation of mob terrorists. Unless political offices are liberated and false cases filed against political leaders across the country are withdrawn, a suitable environment for the National Assembly elections will never be created.

On the other hand, the Jatiya Samajtantrik Dal (JSD) believes that since the use of religion in politics is prohibited in Bangladesh as per the provisions of the Constitution of the People’s Republic of Bangladesh, religious and communal political
parties have no right to register as political parties or to hold elections.

JSD notes with concern that the Bangladesh Election Commission is not following constitutional guidelines regarding religious and communal political parties and the political use of religion in politics.

The Jatiya Samajtantrik Dal-JSD also believes that no environment will be created for conducting political activities and holding elections in July-August 2024 without recovering all weapons, including weapons looted by the police and SSF, smuggled weapons, and weapons looted from the airport. In addition, issuing mass arms licenses before elections is an obstacle to fair elections. It is not possible to hold fair elections without recovering weapons and suppressing mob terrorism.

The letter further states that the Jatiya Samajtantrik Dal-JSD believes that inclusive national parliamentary elections can be held in the country only under the aforementioned constitutional and legal obligations. Under the aforementioned constitutional and legal guarantees, national parliamentary elections can only be organized by creating an inclusive electoral environment, reforming electoral laws and regulations, administrative reorganization and taking relevant decisions on the occasion of the elections, based on discussions and consensus with the political parties registered with the Election Commission of Bangladesh.