"A consensus has been reached over this issue. We'll see later how we can implement it," CEC Huda said during talks on electoral reforms with a JSD (Inu) delegation following arguments about the crucial issue.
Quoting article 38 of the constitution and section 20 of the Special Powers Act, the JSD leaders argued that it is illegal and a punishable offence to form or run a political party based on religion.
The EC will be accused of violating the constitutional oath taken to preserve and protect the constitution if it gives registration to any such political party, the leaders argued.
"We'll examine the issue again in the light of the constitution and hope you [JSD] will also study it further. We may hold more discussions on it," Election Commissioner Muhammed Sohul Hussain said during the talks.
The EC response came following growing demands from different quarters to keep religion-based political parties and war criminals out of polls.
On demands that war criminals be declared ineligible for the polls in the proposed electoral laws, the CEC, however, said such a proposal can be included only to express hatred and malice towards them and anti-liberation forces.
"But it is difficult for us to implement it to keep them out of the polls unless they are specifically charged and convicted," he said.
The CEC said the issue of war criminals and anti-liberation forces is largely political though the EC is involved in it. Trial of the war criminals could not be done in last 36 years, he observed.
"If the government wants to do something, it must be done soon since many documents and information are already missing and many witnesses died in course of time," the CEC added.
"The government will have to do it since it has more responsibilities than the Commission has," the chief poll official asserted, adding that the EC will however do what it can under its jurisdiction.
Taking part in the talks held at EC Secretariat conference room, JSD President Hasanul Haque Inu placed a set of recommendations to bring changes to the electoral laws.
In defence of the proposal to disqualify war criminals the JSD leader asked the EC to accept the proposal in principle.
"If the EC agrees in principle to the proposal, a legal framework can be identified later through discussions," the JSD president said.
In response, Election Commissioner Sohul said it requires amendment to the constitution to introduce such a law.
"We can include the proposal for academic purpose. But it will have no legal effect. For how do the returning officers disqualify a contender branding him a war criminal in absence a clear conviction?" the CEC observed.
At this stage, JSD Executive President Mainuddin Khan Badal quoted article 38 of the constitution and section 20 of the Special Powers Act. He said no political party can be formed on the basis of religion as the laws clearly oppose forming such political parties.
"So, the Election Commission in no way can register any political party based on religion. If the commission does it, it will violate the constitutional oath," he argued.
The JSD, an ally of Awami League-led 14-party alliance, also supported most of the proposals for electoral reforms and suggested some minor changes to a number of those.
The leaders lauded the EC's proposals for checking the use of religion for political purpose during election campaigns.
The party suggested changes in the electoral laws to hold the presidential election by preparing a voter list comprising lawmakers, chairmen and members of Union Parishads, chairmen and ward commissioners of municipalities, mayors and ward commissioners of city corporations and chairmen and members to district and upazila parishads.
The existing laws allow only the lawmakers to vote for presidential election.
The JSD leaders said they believe the EC's electoral roadmap will be implemented on time.
In his concluding remarks, the CEC said the commission will again sit with the political parties seeking their opinions on the final draft proposals for electoral reforms.
http://www.bangladeshnews.com.bd/2007/10/31/cec-agrees-in-principle-to-proposal-for-a-ban/
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