Ex-CEC Habibul Awal sent to jail after remand ends

A Dhaka court has ordered former chief election commissioner (CEC) Kazi Habibul Awal to be sent to jail following the end of his three-day remand in a case filed on charges of criminal breach of trust and sedition.

The investigating officer of the case, Police Bureau of Investigation (PBI) Inspector Syed Majedur Rahman, produced the accused before the court today (29 June) and applied for his detention in jail.

According to the application, during his tenure as the CEC under the previous Awami League government, Kazi Habibul Awal "deprived citizens of their right to vote," violated constitutional provisions, and "facilitated a farcical election" held on 7 January 2024.

It claims that Awal, along with other election commissioners and secretariat officials, supported then prime minister Sheikh Hasina by backing Awami League and affiliated candidates.

It also alleges that dummy independent candidates were used, and a small number of parliamentary seats were allocated to the Jatiya Party to create an appearance of competition.

The application states that Awal declared the results of the election, claiming 40% voter turnout, and published the gazette confirming elected Members of Parliament.

It accuses him of aiding in placing the Awami League back in power and states that his detention is necessary for the continuation of the investigation.

The accused's lawyers sought bail, while the state, represented by Dhaka Metropolitan Public Prosecutor Omar Faruq Faruqui, opposed the plea.

During the bail hearing, Kazi Habibul Awal's lawyer, Shafiul Alam, argued that granting his client bail would reinforce public confidence in the country's judicial system.

He told the court, "Almost every section under which charges have been brought against him is bailable. The charge of sedition does not apply, as there is no evidence that he conspired against the state. It is also not specified whether the alleged disloyalty was towards the previous government or the current one."

Shafiul Alam further stated, "He has served as secretary in three ministries. If granted bail, he will not abscond. If he is granted bail today, people will see that there is justice in the country and that there are just judges."

Opposing the bail plea, Dhaka Metropolitan Public Prosecutor Omar Faruq Faruqui said, "The former CEC made public statements that gave hope of an inclusive election, but ultimately failed to deliver. As the head of a constitutional body, he was not accountable to any other authority, yet he violated his oath."

"He himself admitted that the election was farcical. He worked in collusion with Sheikh Hasina and misled the people. He made no effort to ensure participation from other political parties. In doing so, he disregarded the Constitution and failed in his duty to the state," he added.

Faruqui further said, "The nation is satisfied with his arrest because it restores hope that future elections may be fair. If he is granted bail, there is concern he may again act against the state."

After hearing both sides, Metropolitan Magistrate GM Farhan Ishtiaque rejected the bail application and ordered that Awal be sent to jail.

Awal was arrested by the Detective Branch (DB) of police on 25 June from the Moghbazar area of Dhaka.

The next day, the court granted a three-day remand. In the same case, former CEC Nurul Huda was placed on four-day remand in two phases.

The case was filed on 22 June at Sher-e-Bangla Nagar Police Station by BNP Standing Committee Member Salahuddin Khan.

It named 24 individuals, including three former CECs—Rakibuddin Ahmad, Nurul Huda, and Kazi Habibul Awal—accusing them of influencing and conducting unfair elections.

On 25 June, sedition and fraudulent breach of trust charges were added to the case.

Habibul Awal resigned from his post, along with other election commissioners, on 5 September 2024, one month after the fall of the Awami League government.

During his tenure, the Commission oversaw City Corporation, Union Parishad, and the 2024 national parliamentary elections, which drew political criticism and public scrutiny.