No legal bar for Tarique's return, will ensure security to highest extent: Asif Nazrul
Tarique not a voter yet, but EC can allow him to register, contest election, says EC secy
There is no legal obstacle preventing BNP acting chairman Tarique Rahman from returning to Bangladesh, Law Adviser Asif Nazrul said today (1 December).
"As far as I know, there is no legal bar to Tarique Rahman's return to Bangladesh. And even if there's any, we will extend full cooperation and ensure his security to the highest extent," he said while speaking to reporters at his Secretariat office.
Regarding the timing of his return, the law adviser said, "They know best when the time is right and what steps need to be taken. I believe Tarique Rahman has the ability to determine the most appropriate time, and he will return when the moment is suitable."
Asif Nazrul further said unnecessary comments about why he has not returned yet are inappropriate. "Some people question or comment on why he is not coming back. I find such remarks distasteful."
Meanwhile, BNP Standing Committee member Salahuddin Ahmed last night said Tarique will return home soon. However, he did not provide an exact date.
Tarique flew to the UK in 2008 for treatment hours after his mother BNP Chairperson Khaleda Zia's announcement that he would stay out of politics until he recovered fully.
According to his lawyers, a total of 84 cases were filed against him over the years since then -- in many of which he was awarded different prison terms.
However, since 5 August last year, following the ouster of the Awami League government, Tarique has been acquitted of all these convictions.
As Tarique is now acquitted in almost all cases against him, he seemingly has no legal obstacles to returning to Bangladesh.
It was speculated in recent months that Tarique would return home in November. However, that did not happen.
Tarique not voter in Bangladesh
EC Secretary Akhtar Ahmed said Tarique Rahman is not currently registered as a voter in Bangladesh, but he may still be able to register and contest in the upcoming national election if the EC chooses to allow it.
"He is not a registered voter as far as I know. However, if the commission decides, he may be registered later and can also contest as a candidate [in the election]. The law gives the commission this authority," Akhtar said.
He explained that under the Voter List Act, the EC can include any individual in the voter roll at any time based on its decision.
EC Secretary also announced that the deadline for expatriates to register for voting has been extended by one week, until 25 December.
EC's authority over voter enrolment
The Voter List Act 2009 specifies when additions and deletions may be made to the voter list.
Such corrections can be made at any time except during the period from the announcement of the election schedule until the election is held.
However, on Monday, Akhtar Ahmed said, "A cut-off date has to be maintained; even if someone turns 18 after 31 October, they cannot be included in this voter list."
He also noted that since the list has gone for printing, including transfers or name corrections would create complications.
However, he maintained that the constitutional body, the EC, retains the authority to register someone as a voter if necessary.
EC officials say that during the period for collecting and submitting nomination papers after the election schedule is announced, a candidate must provide their voter information and show proper proof during scrutiny.
Section 15 of the Voter List Act states that the Commission may at any time: (a) include in any voter list the name of any person entitled to be enrolled therein; (b) delete from it the name of any deceased person or any person who is disqualified or has become disqualified for inclusion; and (c) correct any entry or remove any mistake or discrepancy therein.
An official from the National Identity Registration Wing said, "To participate in an election, one must be a voter of any area of the country and must be registered on the voter list. Before submitting nomination papers, the person must already be a voter. If the Commission decides to register someone, urgent verification can be conducted, registration completed, and the name included in the supplementary list."
