Why impunity in the appointment of election commissioners is not illegal, the High Court's ruling asked

The High Court has issued a ruling seeking to know why the impunity given to the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (EC) in 2014 and 2018 cannot be raised in any court of the country.

A dual High Court bench led by Justice AKM Asaduzzaman issued the ruling on Tuesday (August 27). Advocate Mohammad Shishir Monir heard on behalf of the writ in the court.

Last August 18, this rule was requested to be issued. 10 Supreme Court lawyers filed this writ in public interest.

The writ petitioners are Abdullah Sadiq, GM Mojahidur Rahman, Misbah Uddin, Zobaidur Rahman, Nawab Ali, Azim Uddin Patwari, Sajjad Sarwar, Mojahidul Islam, Mizanul Haque and AKM Noorun Nabi.

The petitioners' lawyers said that the election commissioner's appointment cannot be challenged in court, the provision of immunity in the 2022 Act is unconstitutional. They feel that the appointment of election commissioners in charge of the 2014 and 2018 national elections was illegal. That's why the election under them is also illegal.

Advocate Shishir Monir, the writ petitioner, said, 'The Election Commission has been exempted by law. It is said in the Act of Immunity that no question can be raised about it in any court. We think it has challenged the authority of the court.'

He also said, “If this impunity law is declared unconstitutional in the court, then both the elections will be called into question.”

Earlier, on August 18, 2014 and 2018 national elections, 10 Supreme Court lawyers filed a writ in the High Court challenging the legality of granting immunity to the Election Commissioners. At the same time, the writ sought cancellation of the provision that the appointment of election commissioners including the Chief Election Commissioner (CEC) cannot be questioned before the 2014 and 2018 elections.

Bangladesh /SBT